[Congressional Record Volume 151, Number 71 (Wednesday, May 25, 2005)]
[House]
[Pages H3912-H4046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2006
The SPEAKER pro tempore. Pursuant to House Resolution 293 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 1815.
The Chair designates the gentleman from Idaho (Mr. Simpson) as
chairman of the Committee of the Whole, and requests the gentleman from
Arkansas (Mr. Boozman) to assume the chair temporarily.
{time} 1212
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 1815) to authorize appropriations for fiscal year 2006 for
military activities of the Department of Defense, to prescribe military
personnel strengths for fiscal year 2006, and for other purposes, with
Mr. Boozman (Acting Chairman) in the chair.
The Clerk read the title of the bill.
The Acting CHAIRMAN. Pursuant to the rule, the bill is considered as
having been read the first time.
Under the rule, the gentleman from California (Mr. Hunter) and the
gentleman from Missouri (Mr. Skelton) each will control 30 minutes.
The Chair recognizes the gentleman from California (Mr. Hunter).
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
This year, the Committee on Armed Services has put together a bill
that is a true example of bipartisan cooperation, providing the men and
women of the armed services with the best equipment, best training, and
a benefit package that is worthy of their service and their sacrifice.
The National Defense Authorization Act For Fiscal Year 2006 provides
$441 billion for the Department of Defense and the Department of
Energy. The bill was voted out of committee by a vote of 61 to 1 and
contains significant improvements in areas of military personnel,
acquisition reform, responsible defense procurement strategies, and
addresses a need for continuity in funding for our ongoing efforts in
the global war on terror.
But before I get into any details, Mr. Chairman, I would like to
thank the gentleman from Missouri (Mr. Skelton), who has been my
partner on this committee, for all the great work that he has done. I
would also like to praise our subcommittee chairmen and ranking
members. This bill is a culmination of their many hearings and
oversight reviews.
Almost every member of this full committee has been to the war
fighting theaters in Iraq and Afghanistan and gathered firsthand
important information that has ultimately been reflected in this bill
that we have put together. I want to thank all the members of the
committee and all our great leaders on both the Democrat and Republican
side, the chairmen of the subcommittees and the ranking members, for
their work.
This year, Mr. Chairman, we have made taking care of our troops, both
now and in the future, one of our top priorities. We can do all of
these things in developing great weapons systems and facilities, but
the only thing that really is important, the element that drives the
security apparatus of the United States, is people. It is the men and
women in uniform. To recognize these sacrifices, the committee has
included a number of very well-deserved changes in our MILPER system,
and it starts with this 3.1 percent pay raise across the board.
Incidentally, that pulls down this difference in pay on the outside
in the domestic world and military pay. There has always been a
differential. If you were a military technician in a certain area, you
have historically made less money than your counterpart in the private
world.
{time} 1215
But we have pulled down that differential now to a very low rate,
which is now about 4.6 percent. We have increased, in fact, military
pay 25 percent over the last 4 years, and that has been the result of
the great work of members of our committee, Mr. Chairman.
We have also increased the death gratuity to $100,000, and
understanding that there is no way we can repay those who have lost
their loved ones, this helps to bridge those very difficult times when
that man or woman does not come back from the warfighting theaters.
We also provide additional increases in end strength. With this bill
we have completed our end strength increase plan of 30,000 more
soldiers for the Army and 4,000 for the Marine Corps.
But we also realize that there are a lot of other things we need to
do, especially in the warfighting theaters. We have increased by $572
million our inventory of Humvees, $183 million for counter-rocket and
mortar systems. Those are the systems that can take down those mortars
and rockets that
[[Page H3913]]
are coming into the fire bases in Iraq and Afghanistan, inflicting in
some cases egregious wounds on our personnel.
And we have put in an additional $45 million for these jamming
devices to jam improvised explosive devices that the insurgents are
using in the warfighting theaters. That is a place where the insurgents
can stand back 300 or 400 yards from a roadway, wait for that Marine or
Army convoy to line up on a lamppost, and by using a low-power device
like a garage door opener, detonate an improvised explosive device,
which may be an artillery shell next to that road, hurting the
Americans. Jamming that capability, defeating that capability, is an
important thing, and we have put a lot of money into that, Mr.
Chairman.
These are a couple of examples I wanted to go over.
But I wanted to go to another area that is very important for our
Nation's future and the future of our defense apparatus. We are paying
a ton of money now for single systems. The future combat system for the
Army is now projected to cost almost twice what we originally
projected. The cost of the new destroyer, the DD(X), is going to be,
according to projections, well over $3 billion.
So we see these escalating prices threatening our ability to buy
enough systems, enough trucks, tanks, ships, planes, to provide the
coverage that we need in power projection around the world. We are
putting some very important disciplines into the acquisition process to
make it more difficult for the private sector to increase these prices
dramatically and for this combination of our own bureaucracy and the
private sector to inadvertently allow their program costs to rise. So
we are working to instill some fiscal discipline, Mr. Chairman, and
that is manifested in this particular mark.
Finally, Mr. Chairman, let me just say that we have extraordinary
people in the warfighting theaters today. These young men and women
went in initially thinking they would see poison gas on the
battlefield. They did not see that poison gas, but they have come up
against things like IEDs, new ways of attacking that we did not
anticipate, and that will continue to evolve as the insurgents search
for new ways to attack Americans. And we have to have the flexibility
and the agility to provide new systems and new types of operations to
counter what we are going to see not only in Iraq and Afghanistan, but
around the world in this global war against terrorism.
So we have given the tools to our troops today, and this is just part
of the process, but we have initiated, with this bill, giving to our
troops the tools that they need to get the job done. It has been a
bipartisan effort, and the gentleman from Missouri has been a real
partner in putting this bill together.
Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
First let me thank the gentleman from California (Mr. Hunter), my
friend and colleague, the chairman, for his leadership on this
committee, for the by and large strong bipartisanship that we have had
on this bill. I thank him and all the members on both sides of the
aisle, the chairman, the subcommittee chairmen and ranking members.
They have all worked so well and so hard.
This is a $440 billion bill, and it means so very much for the
national security of our country.
So we again thank the gentleman from California (Mr. Hunter) for his
participation, for his friendship and for being a strong colleague in
national defense.
I am pleased that this year's defense budget represents a real
increase in defense spending over last year's level. The committee made
good use of the money in recommending vital readiness, modernization,
infrastructure improvements, which will keep our forces the best
trained and best equipped in the world.
At this point, Mr. Chairman, I feel that I must say that I am so very
proud of every man and every woman who wears the uniform of the United
States. It is up to us, in the Constitution, to provide and maintain
them, and, that is, from all of us who serve on this committee, it is a
labor of love. Those young men and young women putting their hearts and
souls, their bodies, their careers on the line for our country. So the
least we can do at this moment is say a special thanks to them by
passing an excellent bill which does help them in their duties.
I want to commend the gentleman from Arkansas (Mr. Snyder), ranking
member, and the gentleman from New York (Chairman Mr. McHugh) for
increasing the Army and Marine Corps end-strength. I have been saying
since 1995, Mr. Chairman, that we needed 40,000 more troops in the
United States Army, and this year we are authorizing an additional
30,000 for the Army and an additional 4,000 for the United States
Marines.
However, they are paid for out of the supplemental that we are
authorizing. Nevertheless, it is happening. It should be paid for out
of the base bill, but it is happening because they are stretched, they
are strained.
I also want to commend the efforts to reform the purchase of Navy
ships. If we are ever going to get to the point where we can afford to
buy more than just a few ships a year, we are going to have to do
things differently, and I think that buying the number of ships that we
are doing, the additional three ships, is a major step in the right
direction.
I do, however, want to raise two matters of concern. The bill
authorizes almost $50 billion in fiscal year 2006 supplemental
appropriations for the wars in Iraq and Afghanistan. These funds are
separate and apart from the $440-plus billion we are authorizing. My
concern is that the conflicts for which we are authorizing this
additional money are mature enough that their costs are foreseeable and
could and should be included in the base bill. In my view, budgeting in
this fashion has adverse consequences.
Secondly, the ``emergency'' designation that goes along with
supplemental appropriations hides the true extent of the Federal
deficit. Although we may disagree on the practice of funding operations
in the Iraq war and the Afghanistan conflict through supplemental
appropriations, if we are going to go down this road, then we should
not short-circuit the authorization process. And that is what we are
doing. We are authorizing, as we should, rather than leave it up to the
Committee on Appropriations; and I think that is a move in the right
direction.
Finally, Mr. Chairman, let me say a word about the Hunter amendment.
This deals with the women in uniform. At the outset I must say I am
proud of every man and woman who wears the uniform and the duty that
they perform.
In the Military Personnel Subcommittee, the amendment was adopted on
a party-line vote, which had the effect of freezing out and causing to
be closed some 21,950 positions. That was not a good move. That would
be disruptive, not just to women; it would be disruptive to our
national defense because so many of them are serving all over the globe
in such superb fashion.
In the full committee, another amendment was adopted that was an
attempt to codify Secretary Les Aspin's 1994 women issue language. It
was not full and complete, and there were some serious problems with
that, and the United States Army opposed that. That is the way the bill
is at this moment.
I understand there is an amendment by the gentleman from California
(Mr. Hunter) that will wipe that out and that will call for a special
way of counting notification to Congress and call for a study. Should
that pass, it will wipe out the onerous language that is there that is
causing a great deal of concern not just with women in the uniform, but
those others who work with them and for them.
The process in this regard has been, I think, unfair to Democrats. So
as a matter of fact, we have come out on the issue regarding women. If
the new Hunter amendment is adopted, possibly those two amendments are
behind us and we do not have to worry about their being concerned; and
that is the major victory in this issue of personnel.
I feel constrained to mention that the committee adopted an amendment
that would have extended TRICARE coverage to Reservists. Unfortunately,
the provision was technically defective, and the Committee on Rules had
the opportunity to right that wrong,
[[Page H3914]]
and they did not do so. So we look forward to discussing that at a
later time. The gentleman from Mississippi (Mr. Taylor), I am sure,
will address that situation.
By and large, this is a good bill. We have worked hard on it. The
subcommittees have worked hard on it. And so often we have serious
problems, as we have with the issue regarding the women in uniform, but
I do not want those issues to detract from the fact that this is a
solid piece of legislation that helps fight the war against terrorism
and helps fight against the insurgency in Iraq and also funds the men
and women in the performance of their duties all over this globe.
So I will say that we have a tremendous military that we should be
very proud of.
Mr. Chairman, I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, I yield 4 minutes to the gentleman from
Pennsylvania (Mr. Weldon), who is the vice chairman of the full
committee and the chairman of the Tactical Air and Land Forces
Subcommittee, and who has done a great job in putting his package
together in terms of modernizing our forces.
(Mr. WELDON of Pennsylvania asked and was given permission to revise
and extend his remarks.)
Mr. WELDON of Pennsylvania. Mr. Chairman, I, first of all, want to
thank my distinguished chairman and the ranking member for their work.
Let me say this at the outset. I cannot tell the Members how proud I
am to serve on this committee. Every day that I serve in this
institution, I am happy that we work so well together. But this
committee, I think, sets the entire example for the entire Congress.
Democrats and Republicans, we work together.
I think the best evidence of that is, we had a vote out of committee
of 61 of the 62 members coming together, and where we had areas of
disagreement, we have been able to work those out. What a real credit
and testimony to this Congress and those 62 members who are on this
committee and to our leader.
The chairman has done a fantastic job. He has done what many said was
the impossible, and I applaud him for that, under extremely difficult
circumstances.
The gentleman from Missouri (Mr. Skelton) has been a tireless
advocate for what is right for our military, and I applaud him for
that. To the gentleman from Hawaii (Mr. Abercrombie), my ranking
member, I thank him. He is a great American and it is great to work
with him.
And I want to add a special amount of praise to our new staff
director, who is sitting here for the first time at the table. I look
forward to what I know is going to be an extremely productive
relationship with a real professional who is going help us in our job.
Mr. Chairman, in my part of the bill in the Tactical Air and Land
Forces Subcommittee, we had some difficult decisions to make. I had $10
billion of requests for plus-ups that I could not meet, that the
services wanted, that Members came to me for. It was impossible. We did
the best that we could.
And again this committee did what we did last year. It was this
committee that called for additional funding to up-armor our Humvees
and take care of the troops that were in harm's way. It was this
committee that led the White House last year in getting that first $25
billion supplemental.
This weekend, I will take a bipartisan delegation back to Iraq, and
we will spend Memorial Day in theater with the troops seeing the
visible examples that we have helped provide to allow our military to
be so capable and so successful. And that was our primary focus in the
defense bill this year, how best to support our military and civilian
personnel in the war against terrorism.
The second thing that we did, and it was difficult, was
accountability for DOD programs. And that is not easy. We have services
each wanting their own individual platforms while accomplishing the
same objective. We put language in this that says they cannot do that.
We cannot afford to have the exact same helicopter for the Army that
meets the exact same need of the Marine Corps. Why do we not come
together with one platform for both? This committee took that action,
and I am proud to say that is a part of our recommendation.
We also said that in the case of new technology and new programs, we
want to see the technology before we buy it. What disappointed me was
that some of the contractors and some of my good friends in this body
tried to mischaracterize the language we put in the bill on the
Presidential helicopter.
{time} 1230
Our language on the Presidential helicopter was not to score a point
against or for any contractor or any region of the country. I fully
support the decision of the Navy and the Marine Corps and the down-
select that they made. And it is not about ``Buy America'' or not
buying America. It is about what is the best helicopter to meet the
needs of our President. But I would say we have to have closer control
over the dollar amount going into this program.
We also had to make a difficult decision, as my chairman outlined, on
Future Combat Systems. We cut the program by $400 million; but it was
the right decision to make financially, to make sure that we are
protecting the taxpayers' interest as well as giving the warfighter the
best technology. We made a number of other changes in terms of the
overall purchasing of our major platforms. I will not go into them. I
will submit them all for the Record.
In closing, I want to say again how proud I am to serve with a
Democrat and Republican who truly understand how to lead, to work
together, and in the end to do what is best for our warfighters. I
thank my distinguished chairman and ranking member and the gentleman
from Hawaii (Mr. Abercrombie), as my own subcommittee ranking member,
for their cooperation on this final product. It is deserving of a
``yes'' vote from every Member of this body.
Jurisdiction includes $67 billion in DOD procurement and research and
development.
Bill increases the requested authorization for programs within the
jurisdiction of the Tactical Air and Land Forces Subcommittee by $4.5
billion.
Focus: First, how best to support our military and civilian personnel
serving in the global war on terrorism; and second, accountability in
DOD programs.
Legislative initiatives that seek to redress several unfavorable
trends in the Department of Defense:
Programs being called joint programs with only one service
participating in the program. This results in large, single service and
program research and development expenditures for service unique
programs followed by short production runs and inefficient use of
taxpayer dollars.
Each service would like its 100 percent solution to every
requirement, but that simply cannot be afforded. We want to make sure
valid needs of the services are met, but affordability and unique
solutions to requirements have to be balanced. We cannot afford to
continue to have individual, service solutions within our ground forces
for helicopters, tactical wheeled vehicles, blue force tracking, body
armor, armored vehicle upgrades, vehicle add-on armor kits, and
unmanned aerial vehicle systems, as well as other programs.
Also, programs cannot continue to be allowed to enter pre-production
R&D, with immature technologies and ill-defined or unrealistic
requirements.
Further, the Office of the Secretary of Defense is there for a
purpose, to exercise oversight and reconcile differing service
requirements. OSD needs to start exercising its responsibility in
programs like unmanned aerial vehicles and helicopter development.
We must stop the trend toward excessive research and development and
procurement concurrency in acquisition programs, resulting in not
``flying before buying,'' potential extensive post production
modifications, and the associated increased acquisition costs. An
example is in the action we have taken on the VXX--the presidential
helicopter replacement program. The companies involved have tried to
portray the action we have taken as a win for their particular
marketing strategy when all that our legislation requires is flying the
VXX before buying. It is not a Buy American provision. It is not trying
to reverse the source selection. It is simply telling the Pentagon to
test and fly the R&D aircraft before you buy production aircraft, so we
don't have to go back and spend millions of dollars on already produced
aircraft because the test results were not available in time to
incorporate fixes into production aircraft. The Pentagon request to us
would have us authorize procurement of 15 of the required 23 VXX
aircraft before any testing has been done--likely resulting in
expensive retrofits to production aircraft.
Other legislation includes:
[[Page H3915]]
Multiyear Procurement for UH-60 helicopters;
Multiyear Procurement for the Apache helicopter Target Acquisition/
Pilot Night Vision Sensor;
Multiyear Procurement for Apache Helicopter Block II conversion;
A Requirement for an Acquisition Strategy for Tactical Wheeled
Vehicle programs;
A Requirement for Full and Open competition for the Objective
Individual Combat Weapon;
A Requirement for use of the Tactical Common Data Link by all
services for tactical unmanned aerial vehicles;
A Requirement for the Office of the Secretary of Defense to approve
all new UAV programs;
An annual Government Accountability Office review of the Future
Combat Systems program;
A Requirement to maintain the lethality and survivability requirement
of the Non Line of Sight Cannon as established in the operational
requirements document;
A Requirement for an independent analysis of the FCS manned ground
vehicle weight requirement; and
A Requirement for a single, joint heavy lift rotorcraft program.
In addition adjustments have been made to the following programs:
The C-130J multiyear procurement is reinstated to the levels
projected in the fiscal year 2005 budget, resulting in an authorization
for 9 C-130Js and 4 KC-130Js, with advance procurement for those same
quantities included for fiscal year 2007. [This program has been poorly
managed by the Pentagon, but we need the tactical airlift that these
aircraft will provide and termination costs were estimated to exceed
the one year procurement value of these aircraft.]
The Future Combat Systems' budget request is reduced by $400 million.
The Joint Strike Fighter program is reduced by $150 million, the
amount requested for advance procurement--again to require flying test
aircraft before procuring production aircraft.
The Heavy Lift Rotorcraft replacement program is restructured and
combined with the Joint Heavy Lift rotorcraft program.
The Global Hawk unmanned aerial vehicle program is reduced by $30
million, as the requested amount is early to need.
Mr. SKELTON. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Texas (Mr. Ortiz).
(Mr. ORTIZ asked and was given permission to revise and extend his
remarks.)
Mr. ORTIZ. Mr. Chairman, I rise in support of this bill. I thank the
gentleman from California (Chairman Hunter); my ranking member, the
gentleman from Missouri (Mr. Skelton); and all the subcommittee
chairmen and subcommittee members for their skill and leadership in
addressing the military issues before us.
This bill provides for the needs of our troops and their families.
While we are at war, we must always see that they are given the
equipment and supplies that they need to do the mission that we ask
them to perform.
Like many other things now, this bill is not perfect. In fact, there
are a number of challenges still unaddressed by the bill, particularly
relating to our retention and recruitment problems. The war in Iraq and
the global war on Terror, coupled with the uncertainties of Base
Realignment and Closure, the overseas base changing and the
accompanying QDR, Quadrennial Defense Review, present many challenges
to our readiness posture.
As the ranking member of the Subcommittee on Readiness, I remain
deeply concerned about the shortfalls in our recruiting and retention
across the board. For example, in March, the Army missed its recruiting
goal by 27 percent. We do need soldiers for our all-volunteer Army.
Our Armed Forces have many, many pressing needs, including basic
equipment, body armor, Humvee armor, other vehicles, tanks and more;
and our troops are doing a great job. We need to continue to support
them, to give what they need.
Mr. HUNTER. Mr. Chairman, I yield 4 minutes to the gentleman from New
Jersey (Mr. Saxton), the chairman of the Subcommittee on Terrorism,
Unconventional Threats and Capabilities, and oversees those wonderful
people in our Special Operations Command.
(Mr. SAXTON asked and was given permission to revise and extend his
remarks.)
Mr. SAXTON. Mr. Chairman, I thank the gentleman for yielding me time.
Mr. Chairman, I rise in strong support of H.R. 1815, the National
Defense Authorization Act for the next fiscal year. Last week, the
Committee on Armed Services approved this bill by an overwhelming vote,
as was noted by the gentleman from Pennsylvania (Mr. Weldon), 61 to 1.
This demonstrates once again the committee's long tradition of
bipartisanship in addressing the defense needs of our Nation.
Mr. Chairman, I would like to commend the chairman and the ranking
member for leading us through this process this year in a bipartisan
basis.
Mr. Chairman, the war on terror requires the determination of this
Nation. This bill demonstrates that determination.
The war on terror requires flexibility to be able to change to meet
the threat. This bill demonstrates our ability to change to meet the
threat.
The war on terror requires the use of new technology, information
technology, robotics, detection equipment. This bill demonstrates our
ability to do that.
The members of the Committee on Armed Services never forget that we
are a Nation at war. Our young people in uniform face danger daily,
while bringing peace and prosperity to benighted areas around the
world. Moreover, they are taking the fight to the terrorists on their
home ground, keeping the terrorists on the run and fearing for their
very lives.
The highest responsibility of those of us privileged to serve on the
Committee on Armed Services is to do whatever we can to help our
troops. We make the point of visiting the troops in the theater to
better appreciate the conditions they live and operate under and the
needs they have.
My subcommittee and I have been diligent in that regard and have
tried our best to include measures that help our soldiers. We have
taken several actions in the bill that will provide the resources and
direction to better protect our men and women who are selflessly
serving in dangerous conditions overseas.
We have not forgotten our valiant warriors in the Special Operations
Command in particular. We have authorized funds for several items in
the SOCOM commander's unfunded requirements list and have authorized
additional funding that would provide some necessary operational
flexibility for special operations forces on the ground.
The bill provides increased funding to accelerate the development and
fielding of advanced technologies that I mentioned earlier for emerging
critical operational needs, including protection of our forces against
improvised explosive devices and rocket and mortar attack and to
provide real-time surveillance of suspected enemy activities.
The bill also provides increased funding for combating terrorism
technology support to accelerate the development and fielding of
advanced technologies in the war on terror. We continue our successful
initiative to develop chemical and biological defense countermeasures
and start a new initiative for medical defensive countermeasures.
The bill recommended by the committee recognizes that we remain a
nation at war. The asymmetrical threat that I have warned of since the
middle 1980s has indeed grown to be a worldwide menace. Our successes
in meeting this new world threat are measured by our ability to evolve
our warfighting strategies and tactics more quickly than the enemy.
While we certainly have the initiative, we do not have a monopoly on
all of the ideas. The enemy is clever, growing desperate and must be
taken seriously by the people of our country. This bill will help our
soldiers keep the enemy on the defensive.
In closing, Mr. Chairman, I want to express my appreciation again to
you and to the ranking member, as well as to the ranking member on our
subcommittee, the gentleman from Massachusetts (Mr. Meehan), with whom
I have worked closely over the years and particularly this year. This
is an excellent bill, and I urge all Members to support it.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from
Illinois (Mr. Evans).
(Mr. EVANS asked and was given permission to revise and extend his
remarks.)
Mr. EVANS. Mr. Chairman, I rise in strong support of the fiscal year
2006
[[Page H3916]]
Defense authorization bill. I believe it is a fair bill. I am pleased
it has been handled in a bipartisan manner. It is a rare practice in
this House, and I commend the gentleman from California (Chairman
Hunter) for avoiding the politics of ``divide and conquer.''
I want to take this opportunity to express my great disappointment
with the BRAC process. Rock Island Arsenal in my district was
negatively affected by these recommendations. After further research,
it seems that there are numerous errors in the Secretary's
recommendations. For example, the report recommends a shift of 181
depot-level jobs in my district amounting to a savings of $13,000 over
20 years. That is $13,000 over the current expenditure.
BRAC also recommends the closing of DFAS and C-POC, which both are
rated number one above their peers. This Secretary of Defense wants to
close the number one C-POC and number one DFAS, knowing full well that
only 20 percent of the civilian employees will follow such
recommendation.
I am very disappointed at these recommendations and will work to hard
fight them. I will be voting for amendments that would scrap or delay
the BRAC process.
Furthermore, I am disappointed that the BRAC commissioners do not
seem interested in meeting with community leaders during their visit to
installations. This is completely unprecedented and I call upon my
friend, Chairman Tony Principi, to request that commissioners meet with
the local communities to discuss these recommendations.
Finally, I would like to express my disappointment at the Rules
Committee for being grossly unfair in preventing important Democratic
amendments. They should be ashamed for their sheer partisanship on an
issue that should not be Democratic or Republican and that is the
defense of our Nation.
Chairman Hunter and Ranking Member Skelton, I thank you and your
staff for their hard work.
Mr. HUNTER. Mr. Chairman, I yield such time as he may consume to the
gentleman from Colorado (Mr. Hefley), who chairs the Subcommittee on
Readiness and does a wonderful job making sure our men and women have
the facilities that they need.
Mr. HEFLEY. Mr. Chairman, I thank the chairman for yielding me time.
The gentleman and our ranking member have done a wonderful job in
pulling all of these committees together to make this thing work.
The ranking member mentioned that this is a good bill. It is a good
bill, and I will probably not belabor that point. But I am pleased to
come to the floor today in support of H.R. 1815, the fiscal year 2006
National Defense Authorization Act.
The gentleman from Texas (Mr. Ortiz) and the subcommittee and I
worked very closely together to examine the Department's funding for
military readiness, which includes $108 billion in operation and
maintenance funds, as well as another $12 billion for military
construction, family housing, and base realignment and closure.
The actions we took this year addressed the needs of our Armed
Forces, both on the battlefield and on the home front. We looked at the
readiness levels of our military units, the ability of the military
services to maintain equipment in theater and to reset and reconstitute
equipment that returns from war; and we confirmed what we already knew,
war is expensive and funding is needed.
This is why the bill contains a ``bridge fund,'' which is intended to
provide the resources necessary up front to allow our military to
continue to fight the war against terrorism. I believe this to be the
proper approach and eventually one way to move away from the annual
supplemental appropriations bills.
On the home front, we examined funding for the upkeep and maintenance
of military installations. While the readiness needs of our forward
deployed military personnel are our top priority, we cannot forget the
families at home, the servicemembers preparing for deployment, and the
personnel just returning.
The committee is well aware of the Department's long-standing
practice of utilizing infrastructure budgets as billpayers for
operational requirements. Unfortunately, the consequences of taking
this approach are reductions to basic services such as child care,
dining hall operations, or facility management activities. H.R. 1815
will alleviate the Department's need to raid infrastructure budgets for
operational needs and includes the tools we need to improve oversight
of infrastructure accounts.
On a final note, we are well aware that the Secretary of Defense
recently sent over a list of bases that he is recommending to be closed
or realigned. For the past several years, I have fought for a delay in
the base closure process. I do not think this is the right time to do
it. But, unfortunately, we win that battle in the committee, in the
subcommittee, on the House floor, and then we lose it over in the
conference because the other body and the President did not go along
with our thinking on that. Now I think it is not a fun time, BRAC is
never a fun time; but I think it is probably a little too late to get
that process reversed.
But we are going to get an opportunity to debate it today and get an
opportunity to vote on it, and I would encourage all of us to not
support that effort and to support the bill. It is a good bill.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Arkansas (Mr. Snyder).
Mr. SNYDER. Mr. Chairman, I want to thank the gentleman from Missouri
(Mr. Skelton), the gentleman from California (Chairman Hunter), and the
gentleman from New York (Mr. McHugh), my subcommittee chairman, for the
work they have done on this bill.
I rise in support of this bill. There are a lot of good things in
here, a 3.1 percent pay raise for the troops, which is \1/2\ percent
over the employment cost index. The bill continues the efforts to
eliminate out-of-pocket housing costs for servicemembers and their
families and eliminates the two-tier housing allowance, or BAH-2, for
Reservists and National Guardsmen who are called to duty for more than
30 days and serve less than 140 days.
The bill also has some issues to address health and dental readiness,
which Members heard was a problem during the Reserve mobilization.
I also want to thank the gentleman from New York (Mr. McHugh) for
working with the gentlewoman from California (Ms. Loretta Sanchez) and
others to include provisions that will update the UCMJ with regard to
sexual assault crimes. These proposed changes will send a clear signal
from Congress that this type of behavior is unacceptable.
The bill also includes provisions that will speed up concurrent
receipt payments for unemployables.
I want to say a word about the women-in-combat issue. I am pleased
that the amendment to be proposed by the gentleman from California
(Chairman Hunter) here shortly today will eliminate the terrible
language that is in the underlying bill, language that sends such a bad
message to our women in uniform. But that language should never have
been in the bill to begin with.
This last Saturday we had a big homecoming ceremony for a lot of our
troops coming back from Iraq that are in the National Guard. These are
some of the troops that I met with, amongst others, some women that had
served in Iraq.
Some of the comments I heard from some of these women, they thought
we were ``returning to the Stone Age,'' were one woman's words; ``an
insult to the job that they had done in Iraq,'' was another woman's
words. They alleged that we ``do not know what is going on in Iraq,''
was the words of another woman officer.
The original subcommittee language was terrible. It would have
impacted on tens of thousands of women. The language at the full
committee level eliminated the bad subcommittee language, but it also
was terrible.
{time} 1245
We now have thousands of women in the military confused by these 3
weeks of discussions, and I am pleased that the Hunter amendment today
will eliminate it, but it should not have been in there to begin with.
I support the bill.
Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from New
York (Mr. McHugh), who does such an able job of presiding over the
Subcommittee on Military Personnel and who takes care of all of our
folks in uniform, men and women, active, Guard, and Reserve.
Mr. McHUGH. Mr. Chairman, I thank the distinguished chairman, the
gentleman from California, for yielding me
[[Page H3917]]
this time, and I give my compliments both to both him and the ranking
member, the gentleman from Missouri (Mr. Skelton) for always working
together to bring us a good bill.
The gentleman from Arkansas (Mr. Snyder), my distinguished ranking
member, pretty much gave my speech, except for perhaps the closing
comments that he made, and I am looking forward later, at the
appropriate time, to making some comments about the path that we
traveled to get to the issue of women in combat.
But without trying to be too redundant, Mr. Chairman, let me just say
that the gentleman from Arkansas (Mr. Snyder) indeed spoke about the
3.1 percent pay increase, and that reduces the gap in civilian and
military pay from 5.1 to 4.6 percent. Importantly, this is the seventh
year in a row that the subcommittee has recommended a pay raise that is
larger than the level that is granted for private-sector pay raises.
We also very importantly recommend continued growth in the Army and
the Marine Corps end strength. The House has long advocated those kinds
of increases. We supported increases of 10,300 in fiscal year 2003,
6,200 in fiscal year 2004, and in fiscal year 2005, Congress authorized
manpower increases of 20,000 in the Army and 3,000 in the Marine Corps.
Under the bill today, we propose additional growth of 10,000 in the
Army and 1,000 in the Marine Corps, and that would bring Army end
strength to 512,400 and the Marine Corps to 179,000. I think this is
critical to alleviating the stress on the operations and personnel
tempo that has been so negative upon our troops.
This bill also provides very important recruiting and retention and
pay initiatives that increase the maximum amounts that may be paid for
active duty enlistments from $20,000 to $30,000, and Reserve
enlistments from $10,000 to $15,000, and active duty enlistments and
reenlistments from $60,000 to $90,000.
As the gentleman from Arkansas (Mr. Snyder) said, it would eliminate
BAH II, which is an irritant within the Reserve component. With this
mark, Reserve rates for the basic allowance for housing will be the
same as active duty rates when Reservists are mobilized for more than
30 days, and on and on and on.
In essence, Mr. Chairman, this is a very, very good bill. It
continues this House's very remarkable and, I think, very admirable
record toward trying to respond to the efforts of those brave men and
women, men and women who do such an amazingly incredible, fantastic job
for us as they go about the hard work of defending freedom across this
globe.
Let me say, Mr. Chairman, I would urge all of our Members to support
this initiative, and I look forward to its passage.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Massachusetts (Mr. Meehan).
(Mr. MEEHAN asked and was given permission to revise and extend his
remarks.)
Mr. MEEHAN. Mr. Chairman, I rise today in support of the 2006
National Defense Authorization Act. The bill contains many provisions
to protect our troops and give them the services that they need.
Although it is largely a product of the committee's bipartisan work,
I am highly concerned by several aspects of the bill. I am extremely
troubled by the new restriction against women serving in the military.
While the committee-passed bill included far worse language, preventing
women from serving in forward-deployed units, the current provision is
also not worthy of the brave women who make up 15 percent of the active
duty Army, 23 percent of the Army Reserve, and 13 percent of the Guard.
And it dishonors the service of women soldiers who are fighting the
global war on terror and hurts readiness at a time when our military is
facing a recruitment and retention crisis.
I am also deeply concerned that the Committee on Rules did not allow
a vote on my amendment stating that it is United States policy not to
have a permanent presence in Iraq. My amendment simply codified what
the administration has been saying all along, that U.S. troops will
stay in Iraq as long as necessary, but not 1 day more. It would have
made clear and unambiguous statements that the United States does not
intend to maintain a permanent presence.
While this bill takes many small steps towards improving benefits for
our Nation's servicemembers, it does not recognize the urgency in
responding to the needs of a whole new generation of combat veterans.
I introduced two amendments in committee to improve transition
assistance services and preseparation counseling to separating
servicemembers. These programs are critical to providing servicemembers
with the tools they need to succeed in civilian life. As we prepare to
take on thousands of new veterans who have served in Iraq and
Afghanistan, many of whom have been critically injured and will need
long-term support, we must expand these programs. The committee did a
disservice to our troops when it failed to adopt these amendments.
Finally, I am also troubled by the chairman's decision to ignore the
views of his fellow committee members and strike bipartisan language.
The committee recognized the need to extend TRICARE to nonactive-duty
Reservists by adopting the Taylor amendment.
Our chairman later struck the provision, and the Rules Committee has
denied Mr. Taylor the opportunity to bring an amendment to the floor.
I also want to extend a special word of thanks to Lauren Briggerman,
my Military Legislative Aide, who is leaving my office in June to
attend law school.
In the nearly 2 years Lauren has been with my office, she has proven
to be tremendously talented and dedicated.
Lauren has contributed immeasurably to my work on the Armed Services
Committee, particularly on Iraq exit strategies, repeal of the
military's unjust ``don't ask, don't tell'' policy, transition
assistance for returning veterans, weapons non-proliferation, and
defense issues affecting Massachusetts.
I wish her the best.
I thank the ranking member for providing me time to speak on this
bill.
Mr. HUNTER. Mr. Chairman, I yield an additional 2 minutes to the
gentleman from New York (Mr. McHugh).
Mr. McHUGH. Mr. Chairman, let me just say with respect to what the
gentleman from Arkansas (Mr. Snyder) said, never has so much been
written and said about one issue in such a short period that has been
so wrong, and I wanted to clarify the record.
The amendment that was introduced, and the second amendment that the
gentleman from Arkansas (Mr. Snyder) described as terrible and that the
manager's amendment will replace, has been described as antiwoman, has
been described as disruptive to current operations, and has been
described as confusing to commanders.
I just want to be clear, Mr. Chairman. The language that was inserted
would not have resulted in one woman losing her job or risk being shut
out from any position for which she was qualified or that was open to
her, not one, not now, not at any time in the future, despite what some
of the opponents have said.
That was the entire intent, to make it clear for the first time in
law that the women who are doing a fantastic job on behalf of the
military could not be excluded from any job for which they are
operating and were qualified at that moment, not from forward support
companies, not from any other position which they had, just because the
traditional, linear battlefield had changed.
As to the confusion that some say occurred, let me just say to my
friends in the military and to my friends who have questioned this
amendment, and particularly my friends in the Army, does it not trouble
you when you say that it would be confusing to your commanders when,
for the first time ever, they are handed something that just embodies
what you say is your policy? The policy that was developed and placed
into that amendment, the military wrote and now you claim that you are
following.
Congress did not make that up. Politicians did not define it; the
military did. Now you say it is confusing. I would ask my friends in
the military particularly, when did you plan on making it clear?
The amendment today will clarify matters even further. I fully
support it. But I really think the characterizations that have been
made against the text that is replacing it have been unfair and simply
inaccurate as to what the position would be with respect to the
honorable men and women in military uniform.
[[Page H3918]]
Mr. SKELTON. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from Maryland (Mr. Hoyer), the distinguished whip.
Mr. HOYER. Mr. Chairman, I thank the gentleman for yielding me this
time.
Mr. Chairman, I rise in support of this Defense Authorization Act
because I believe it provides the critical items necessary for our
forces arrayed in Afghanistan and Iraq and around the world. I also
support the recognition of the pay necessities that confront our people
and gives them a raise.
In addition, it provides increases in enlistment bonuses obviously
necessary, hazardous duty, and other special pay to improve recruiting
and retention, and funding for a number of key modernization priorities
that will ensure that our military remains the best-equipped fighting
force in the world for decades to come.
I believe many Democrats will vote for this legislation because we
are committed to providing our troops with every resource necessary to
succeed in Iraq and Afghanistan and anywhere else the call to defend
freedom takes our men and women in the military.
However, this measure is by no means perfect. First, I would say I
was disturbed by the rule. I was particularly disturbed, Mr. Chairman,
that the amendment offered by the gentleman from South Carolina (Mr.
Spratt), one of the most substantive amendments that was offered, was
not allowed by the Committee on Rules. I think it is a shame that we
did not have a full debate on the Spratt amendment dealing with
proliferation. In fact, Mr. Chairman, it highlights the Republican
Party's inability to move past the threats of the Cold War to the
threats posed by global terrorism and have a full debate on the
ramifications of that.
Specifically, this bill underfunds the Cooperative Threat Reduction
program, which has helped to keep unsecured weapons of mass destruction
in the former Soviet Union out of the hands of terrorists. This is the
gravest threat that our Nation faces; yet, funding for the Cooperative
Threat Reduction program barely keeps pace with inflation, even though
the 9/11 Commission urged that it be expanded. At the very same time,
this bill provides billions of dollars for a national missile system
that moves forward the process of developing new nuclear weapons.
Neither of these priorities helps to protect the American people from a
future terrorist attack.
As I said, Mr. Chairman, I will vote for this bill, but it is a shame
that we will not have a fuller, effective debate on the grave policies
that this bill deals with or fails to deal with.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Reyes).
Mr. REYES. Mr. Chairman, I thank the gentleman for yielding me this
time.
Mr. Chairman, as the ranking member of the Subcommittee on Strategic
Forces, I rise today in strong support of this bill. The Subcommittee
on Strategic Forces has jurisdiction over several of the most complex
and contentious programs, which include ballistic missile defense and
nuclear weapons.
I want to recognize and I want to thank our subcommittee chairman,
the gentleman from Alabama (Chairman Everett), my good friend, for his
leadership and all the effort that he put into forging a bipartisan
mark. I should tell my colleagues that we often do not see eye-to-eye
on every single matter, but I am pleased to report that our
subcommittee reached bipartisan accord on several major issues that are
important to our Nation.
In the short time that I have here this morning, I want to highlight
two areas of bipartisan agreement: satellite programs and the
Department of Energy's Reliable Replacement Warhead program.
Mr. Chairman, H.R. 1815 restructures two high-profile satellite
development programs, TSAT and Space Radar. Restructuring these
programs was a bipartisan decision, an effort that I think will save
both programs from experiencing cost overruns and schedule slips that
have plagued them in the past.
Turning to the Department of Energy, I am also pleased that we were
able to set a reasonable, bipartisan objective for the Reliable
Replacement Warhead program. The RRW program has the potential to
significantly lower the number of weapons in the U.S. nuclear arsenal
and to ensure that our Nation never resumes nuclear testing.
Of course, as always, the devil is in the details. The mark contains
a detailed reporting requirement on the RRW, and in truth, only when we
receive the report will we likely know whether or not that program can
live up to its full potential. Still, setting a bipartisan charter for
this program and others in our subcommittee is a significant
accomplishment of this mark.
{time} 1300
With that, Mr. Chairman, time does not permit me to go into the other
areas that are of concern to our great Nation, only to say that I urge
all Members to support this bill. It is important to our Nation. It is
important to those that are in harm's way today keeping us free.
Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from
Maryland (Mr. Bartlett), the gentleman who chairs the Projection Forces
Subcommittee.
Mr. BARTLETT of Maryland. Mr. Chairman, before proceeding as chairman
of the Subcommittee on Projection Forces, I believe it appropriate to
underscore the magnificent service rendered the Nation by the men and
women serving in our Armed Forces around the world who so steadfastly
meet every challenge with true dedication and commitment. We thank each
and every one of them for their service. And we thank all Americans,
specifically the families of servicemembers, for their unwavering
support of our servicemen and -women.
History has repeatedly taught us that peace is only achieved through
strength. We have sought to apply the lessons learned from the ongoing
global operations to the committee markup of the National Defense
Authorization Act for Fiscal Year 2006 in order to strengthen our Armed
Forces.
Oceans cover three-quarters of the Earth's surface. The vast majority
of the world's population lives within a few miles of a sea coast.
Seventy percent of our trade moves by sea. Thus, maintaining America's
naval superiority is an imperative. I am pleased to report that the
National Defense Authorization Act that we will consider initiates a
program to infuse our shipyards with leading-edge manufacturing
technology and management systems that reduce shipbuilding costs and to
return our shipyards to global competitiveness.
We have also taken steps to confront excessive shipbuilding cost
growth by capping costs on specific ship types, recognizing that both
the Navy and industry must work together to design and build affordable
ships with adequate capability.
Authorization for Department of Defense programs within the
jurisdiction of the Projection Forces Subcommittee are increased by
$2.3 billion above the budget request. $538 million of the additional
authorization is for programs on the military service chiefs' unfunded
requirements list.
Authorization is included for two additional Arleigh Burke-class
guided missile destroyers, an additional T-AKE ship, and to accelerate
fielding of the new amphibious assault ship. This is three more ships
than the budget requested. Also included is a recommendation to
authorize a multi-year procurement for the C-17.
We have also taken several initiatives to begin to address shortfalls
in important requirements to the Department of Defense. These programs
include:
$418 million to accelerate the development of the amphibious assault
ship replacement;
$20 million to upgrade the fleet of B-2 bombers;
$60 million to complete development and evaluation of the Affordable
Weapon System, a low-cost cruise missile, and increased authorization
for several procurement, research and development programs of the
services.
While there is much more to do, the National Defense Authorization
Act of 2006 is an important step in making our country more secure. I
urge all of my colleagues to support the bill.
I would like to thank the gentleman from Mississippi (Mr. Taylor),
ranking member of our subcommittee, for his extraordinary partnership,
dedication, and support. I would like to thank all my colleagues on the
subcommittee for their diligence, commitment, and hard work.
[[Page H3919]]
I would like to also thank our chairman, the gentleman from
California (Mr. Hunter), for his leadership, and our ranking member,
the gentleman from Missouri (Mr. Skelton).
In conclusion, I would like to recognize the contributions and thank
the many staff members for their invaluable assistance in preparing
H.R. 1815.
Mr. HUNTER. Mr. Chairman, I want to thank the previous speaker.
Mr. Chairman, I yield to the gentleman from California (Mr. McKeon)
for a unanimous consent request.
(Mr. McKEON asked and was given permission to revise and extend his
remarks.)
Mr. McKEON. Mr. Chairman, I rise in strong support of this
legislation and commend the gentleman from California (Chairman Hunter)
and the gentleman from Missouri (Mr. Skelton), the ranking member, for
their leadership.
I rise today in strong support of H.R. 1815, the National Defense
Authorization Act.
Mr. Chairman, our nation is entering its fifth year in the global war
on terrorism. Since the tragic events of 9/11, thanks to the heroic
efforts of our men and women of the armed services, the United States
has had important victories around the world. Just in the past few
months alone, we have witnessed democratically elected governments
taking power in Iraq and Afghanistan, and we have captured some of al
Qaeda's top leadership, including the third most senior member of that
evil organization.
Mr. Chairman, these outstanding developments will only carry forward
if we provide our men and women of uniform with the tools and resources
they need to do their jobs.
This legislation includes the necessary funding to pay for our troops
in Iraq and Afghanistan, whether it's for protective gear, clothing,
fuel, parts, or maintenance of equipment. It also includes funding to
take care of the families of our troops, who make so many sacrifices
for our freedom.
Mr. Chairman, this legislation will undoubtedly strengthen and
enhance our military, and help us root our terror around the world. I
applaud Chairman Duncan Hunter and ranking member Ike Skelton for their
bipartisan work on this important bill and urge all of my colleagues to
vote ``yes.''
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
Mississippi (Mr. Taylor).
Mr. TAYLOR of Mississippi. Mr. Chairman, I first want to compliment
my chairman, the gentleman from Maryland (Mr. Bartlett). I want to wish
him a happy 79th birthday. Many more to come. And I think the gentleman
set the proper tone by saying that everything we do is to support the
troops.
By and large, this is a very good bill. It could have been better if
one amendment had stayed in. But by and large this is a very good bill.
And I want to compliment the gentleman from Maryland (Mr. Bartlett) on
taking what was dealt in the beginning of the year, a pretty bad hand,
just asking for four ships, and through his good work, through our
chairman's good work, through our ranking member's good work, we were
able to add, as he said, 2 DDG-51s.
And as far as the taxpayers are concerned, the last ships you get of
any run are not only the best ships of that run, but also the most
affordable because all of the learning that has gone into building the
previous 50 ships go into these, and so these will be the most
affordable, most technologically advanced of the DDG-51s.
The first of the LHARs, the replacement for the LHAs, is in this
bill. Again, that is very good news for the United States Marine Corps.
This is an aviation variant of an existing hull. Again, the savings
that we have learned from the first seven hulls will go into this one
and make it an outstanding addition to the fleet.
A T-AKE ammunition ship, in addition to the LCS, one Virginia-class
submarine, one LPD-17 rounds out what started off to be a pretty bad
Navy shipbuilding year and made it considerably better. So I do want to
compliment our chairman on this.
Also, I want to compliment the Air Force. You recall at the beginning
of the year the Air Force was talking about canceling the C-130J
program. That was a very bad mistake on the part of the Air Force. With
this committee's prodding, a number of Members, the Air Force has
reversed that decision. That is an excellent platform that will
continue to be built and is very much needed by our forces. So let me
compliment the men and women who serve our Nation.
As I have said before, just today, four notices will be delivered in
south Mississippi alone today on the lives of Guardsmen and Reservists
who died just yesterday in Iraq. They deserve the very best. And I want
to compliment this committee for bringing many of the platforms that
they deserve to fruition.
Mr. HUNTER. Mr. Chairman, I want to thank the gentleman who just
spoke.
Mr. Chairman, I yield 3 minutes to the gentleman from Alabama (Mr.
Everett), the chairman of the Strategic Forces Subcommittee.
(Mr. EVERETT asked and was given permission to revise and extend his
remarks.)
Mr. EVERETT. Mr. Chairman, I thank the full committee chairman, the
gentleman from California (Mr. Hunter), and our ranking member, the
gentleman from Missouri (Mr. Skelton). And I would be remiss for not
saying thank you to my ranking subcommittee chairman, the gentleman
from Texas (Mr. Reyes), for the kind remarks that he has made. And
without question, we do have some of the most complex and controversial
issues in the mark. And I appreciate the hard work of all the members
in trying to reach agreement on this. We did not always agree, but we
did reach a bipartisan mark; and I again thank all the members and the
hard work done by the staff.
The subcommittee's portion of the bill makes some very hard decisions
containing appropriate development of transformational capabilities
while imposing reductions in certain areas where the technology is not
yet mature.
In the Missile Defense Agency, the bill before you adds $150 million
for additional testing of the ground-based midcourse defense system.
While we fund both the boost phase defense programs and the budget
request, the bill does call for a cost-and-capability comparison
between the Airborne Laser and Kinetic Energy Interceptor programs.
In the area of military space, the bill addresses concerns with space
acquisition programs. In particular, we slow the pace and provide
direction on two programs: Transformational Satellite Communications,
or TSAT; and the space radar program. The bill also calls for
development of a strategy for space situation awareness, and takes
steps to move forward with operational responsive space.
Within Atomic Energy Defense Activities, the bill funds the
Department of Energy programs at the budget request. The report
includes minor reductions in direct stockpile work, while adding just
under $50 million for badly needed infrastructure upgrades.
The bill includes a provision that establishes the objectives for the
Reliable Replacement Warhead program, a critical step towards ensuring
our nuclear arsenal remains reliable, safe, and secure. The bill
includes funding for penetrator study to explore all options for
holding Hard and Deeply Buried Targets at risk. The bill also adds $122
million for environmental cleanup activities at Hanford site in
Washington State.
Mr. Chairman, the committee's work addresses the administration's
objectives on funding military requirements and military member
priorities. I certainly urge all Members to support this mark.
Mr. SKELTON. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from Massachusetts (Mr. Markey).
Mr. MARKEY. Mr. Chairman, I thank the gentleman from Missouri for
this time. I made a request to the Rules Committee that we be able, on
this House floor, to debate a very important issue, but permission was
denied, even though this subject goes to the core of who we are as
Americans.
The issue is a concept called ``extraordinary rendition.'' That is a
situation where the United States has a prisoner in its possession. We
have him. We control that prisoner. And, yet, because we receive
diplomatic assurances from another country, a country that does not
abide by the convention against torture, we send the prisoner to that
country. Now, these are just not ordinary countries that we send these
prisoners too. These are countries like Syria; these are countries like
Uzbekistan.
[[Page H3920]]
The United States, in other words, has captured someone. We believe
that they are a terrorist. We believe that they are a threat to our
country. We have them in our own possession. By receiving these
diplomatic assurances, we send these prisoners to other countries,
knowing that there is a high likelihood that these people will be
tortured. If Syria, for example, a country that Secretary Rice says we
cannot trust, says that they will not torture someone who we have sent
to them, can we really trust them?
Just this week, Syria broke off all relations with the United States
military and the CIA. What does this mean for the diplomatic assurances
that we received from Syria? Did we really need these additional
lessons to know that they do not abide by the convention against
torture?
Just this week in the New York Times there was a story about a case
in which hooded operatives, in the middle of the night, took two
Swedish prisoners to Egypt in a CIA-operated Gulfstream. Here is what
the story said: one agent quickly slit their clothes with a pair of
scissors. Another agent checked the suspects' hair, mouth and lips,
while a third agent took photographs from behind. As prisoners stood
there, naked and motionless, they were zipped into gray track suits and
their heads were covered with hoods. The suspects were then marched in
chains to the plane where they were strapped to mattresses on the floor
of the cabin.
The two Egyptians later told lawyers, relatives, and Swedish
diplomats that they were subjected to electric shocks and other forms
of torture.
This is wrong. We should have had a vote here on the floor of
Congress on this practice to prohibit it. And I regret that we will
not. And I think it is a great deficiency in the debate we are having
over the conduct of the war.
Mr. HUNTER. Mr. Chairman, how much time do we have?
The Acting CHAIRMAN (Mr. Boozman). The gentleman from California has
1\1/2\ minutes.
Mr. HUNTER. Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman
from California (Ms. Loretta Sanchez).
Ms. LORETTA SANCHEZ of California. Mr. Chairman, I rise today to
speak about our Nation's military space programs. But first I would
like to offer my sincere thanks to the gentleman from California
(Chairman Hunter) and to the gentleman from Missouri (Mr. Skelton), the
ranking member, and particularly the gentleman from New York (Chairman
McHugh) and the gentleman from Arkansas (Mr. Snyder), ranking member of
the HASC Military Personnel Subcommittee, for their hard work and
support on another issue, that of revising the sexual assault statute
in the Uniform Code of Military Justice, the UCMJ, language included in
this bill adopting a modern complete sexual assault statute that
protects victims, empowers commanders and prosecutors, and improves the
good order and the discipline of the Armed Forces. It offers military
prosecutors a clear definition of sexual assault and refined tools for
effectively prosecuting sexual offenses. It also affords increased
protection for victims by emphasizing acts of the perpetrator rather
than the reaction of the victim during the assault.
As I said several months ago, we are at a critical juncture in
dealing with sexual assault in the military. And I am thrilled to see
that Congress is taking a major step to help with these problems in the
military.
{time} 1315
Mr. Chairman, I would like to discuss our Nation's military space
program. Last year, I offered an amendment in committee regarding the
Near-Field Infrared Experiment, or what we know as NFIRE. NFIRE would
have fired a kill vehicle from its host satellite at an incoming
intercontinental-range ballistic missile. The Missile Defense Agency
would have tried to narrowly avoid a collision only through split-
second timing, but admitted there was a nontrivial chance of intercept.
I objected to the use of a kill vehicle flying from a host satellite
because it basically would have been a de facto test of space
interceptor technology. I felt strongly then, and I still do today,
that we should have a coherent policy in place before we start
conducting tests of weapons in space. Congress needs to be an active
participant in the shaping of that policy.
I am pleased that the Missile Defense Agency decided against
including a kill vehicle on the NFIRE satellite, and I appreciate their
reconsideration of the NFIRE test.
I draw the NFIRE matter to the attention of this body because I think
MDA's reconsideration was at least partly due to the recognition that
this Nation needs to have a space policy in place prior to making
decisions about testing or placing weapons in space.
Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentlewoman from
Georgia (Ms. McKinney).
Ms. McKINNEY. Mr. Chairman, I thank the gentleman for yielding me
time.
Mr. Chairman, where do I begin? I rise to oppose this bill for all
that it represents about an America that has lost its way.
The snows are melting on Mount Kilimanjaro. Polar ice caps are
contracting. In Africa, wars stoked by the United States contribute to
the deaths of millions. Millions more die from hunger and disease. More
Americans than ever do not have health insurance. Joblessness in some
areas is at an all-time high. And this Congress is cutting Medicaid.
You might hear some talk up here about deficit spending, but there is
precious little about the deficit so obvious as our values.
Dr. King told us that we all live in a world house, that we have the
resources and the know-how to provide everyone everywhere with the
basic necessities of life and that we must learn to live together as
brothers or perish together as fools.
He reminded us that there is no deficit in human resources, but a
deficit in human will. Nowhere is that more evident than in this half-
trillion authorization for more fraud, waste, abuse and war.
At some point, Mr. Chairman, we ought to have a serious talk in this
body about peace. The American people have been blunted with the
horrors of hate and just like we rejected the outrageous behavior of
Southern demagogues during the Civil Rights era, the American people
reject the outrageous behavior at our detention centers like Abu
Ghraib. But such is the collateral damage of war.
Today, courageous young men and women who joined the military to get
a college education and not to go to war are taking a stand in their
own way to reject war and hate. I urge my colleagues to find a new way
and to do it today.
Mr. HUNTER. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman
from New Mexico (Mrs. Wilson) who worked very hard on putting together
the compromise amendment on women in combat.
Mrs. WILSON of New Mexico. Mr. Chairman, I appreciate the opportunity
to speak.
We will have a manager's amendments later on this afternoon that will
strike the language limiting the assignment of women in the military. I
believe that those provisions were unnecessary and unhelpful, and I
appreciate the willingness of the chairman to remove them from the
bill.
I also wanted to thank the gentleman from Missouri (Mr. Skelton) and
the gentleman from Arkansas (Mr. Snyder) and the gentleman from
Illinois (Mr. Shimkus), the leadership and the staffs of the various
committees in their efforts to craft an alternative that I think is
worthy of support.
It strikes all of the language with respect to the women on
assignment in the military, and increases from 30 days to 60 days the
amount of time that the Defense Department would have to give us notice
that they are changing policy. That seems, to me, to be the appropriate
thing to do.
In the history of this country, there has never been a law limiting
the assignment of women in the Army, and we will not do so this year.
Throughout the history of this country, 2 million women have served in
the uniform of this country. Every single one of them has been a
volunteer. We thank them for their service and we honor them today.
The Acting CHAIRMAN (Mr. Boozman). The gentleman from California's
(Mr. Hunter) time has expired.
Mr. SKELTON. Mr. Chairman, I yield 30 seconds to the gentlewoman from
Virginia (Mrs. Drake).
[[Page H3921]]
(Mrs. DRAKE asked and was given permission to revise and extend her
remarks.)
Mrs. DRAKE. Mr. Chairman, I certainly would like to thank the
gentleman from California (Mr. Hunter) and the gentleman from Missouri
(Mr. Skelton) for their leadership on this amendment.
I think the important issue before us today is that if women were to
serve in direct ground combat positions, if that be the decision of the
Congress, then I think the amendment before us today does that.
The important thing to remember is that this amendment, as was just
explained, will provide a 60-day notice, time so Congress can act as
necessary. It also provides for a report to Congress by the end of
March of 2006. No women will lose their positions, nor would that be
acceptable.
Mr. SKELTON. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, in reference to the gentlewoman from New Mexico's (Mrs.
Wilson) remarks, the women in the military issue is past. There were
some trying moments, there were two amendments, one quite onerous and
the other just onerous. I thank the gentlewoman.
I thank the gentleman from Arkansas (Mr. Snyder), I thank the
gentleman from Illinois (Mr. Shimkus), for their work, along with the
chairman and the gentlewoman from Virginia (Mrs. Drake) for gluing
together a piece of legislation that replaces the onerous language.
Mr. Chairman, we have a remarkable military. History will prove that
we have the finest young men and young women who are in uniform ever.
As it was pointed out a few moments ago, they are all volunteers. They
are all dedicated. They understand duties. They understand service.
They understand professionalism.
And today when we pass this bill, and I know the gentleman from
California (Mr. Hunter) joins me, we hope this will be a tribute to
them and their hard work, their dedication and their patriotism. For
without them, without the young men and women who wear the uniform of
all the services today, our country would not be safe and secure.
Mr. Chairman, I admire and appreciate those who serve in our military
today.
Mr. Chairman, I yield back the balance of my time.
Mr. HUNTER. Mr. Chairman, I ask unanimous consent to yield for the
purpose of making a unanimous consent request to the gentleman from
South Carolina (Mr. Wilson).
The Acting CHAIRMAN (Mr. Bass). Is there objection to the request of
the gentleman from California?
There was no objection.
(Mr. WILSON of South Carolina asked and was given permission to
revise and extend his remarks.)
Mr. WILSON of South Carolina. Mr. Speaker, I support the National
Defense Authorization Act.
Mr. Chairman, as our troops continue to risk their lives to defend
our country, Congress is acting today to ensure that these brave men
and women have the necessary training and equipment to win the war on
terror.
As a father of three sons who are currently serving in the military,
I am personally invested in the war on terror and the safety of our
troops. In February, my son Alan returned after serving for one year in
Iraq. I am proud of his Army National Guard service, and I am dedicated
to ensuring a safe return for all of the brave soldiers who selflessly
serve in the United States Armed Forces.
Today, I am honored to vote for the National Defense Authorization
Act, legislation that will ensure American troops receive the best
equipment, weapons systems, training, and support.
During my visits to both Iraq and Afghanistan, I have seen firsthand
the challenges facing our soldiers. H.R. 1815 addresses these
challenges by authorizing additional funding for force protection,
including up-armored Humvees, tactical wheeled vehicle programs, night
vision devices, and improvised explosive device jammers.
As our soldiers continue to sacrifice their lives for our freedom,
they should be able to provide for their families. By including a 3.1%
pay raise for members of the Armed Forces, and increasing the maximum
amount of hardship pay, this legislation rewards the tremendous
sacrifices of our soldiers.
Finally, H.R. 1815 contains several measures that will provide for
military families who have lost ones in the war on terror. It
permanently increases the death gratuity to $100,000, and also extends
the amount of time dependents of deceased service members can stay in
housing or receive housing allowances. Although we can never fully
compensate for the sacrifices of our soldiers, these measures will help
express our heartfelt appreciation to military families.
The terrorists fighting against us are a cowardly and brutal enemy,
inspired by hatred and evil. Their agenda of evil will fail against the
thousands of men and women of the United States Armed Forces who serve
a greater cause of freedom.
I would like to thank Chairman Hunter and other members of the House
Armed Services Committee for their leadership and continued efforts to
provide for the men and women of the United States Armed Forces.
In conclusion, God bless our troops and we will never forget
September 11.
Ms. BORDALLO. Mr. Chairman, I rise in support of the Department of
Defense Authorization Act for Fiscal Year 2006. This bill provides $441
billion in budget authority for the Department of Defense, as well as
an additional $49 billion funding bridge for Fiscal Year 2006 costs
associated with Operation Iraqi Freedom and Operation Enduring Freedom.
Overall I am pleased with the funding authorization level and the major
initiatives outlined in this bill, though I do harbor reservations over
several more minor provisions which I believe should be more thoroughly
reviewed in conference. However, after working diligently with my
colleagues on the Armed Services Committee, I am confident that we have
produced a Defense Authorization bill that will support the mission of
our men and women in uniform who are currently deployed in Iraq and
Afghanistan and provide adequate direction for our armed forces to meet
future challenges.
One issue that I hope will be revisited in conference is that of
allowing members of the National Guard and Reserves to access health
benefits under the military's TRICARE program. Despite bi-partisan
support for extending this benefit to National Guardsmen and
Reservists, this provision was stripped from the Defense Authorization
bill without the full consent of members of the Armed Services
Committee due to a budget technicality. My colleague, Congressman Gene
Taylor of Mississippi, had hoped to offer an amendment to the Defense
Authorization bill to restore this provision. Unfortunately, however,
the House Rules Committee did not make his amendment in order for
consideration, therefore House members were deprived of the opportunity
to vote to restore this important initiative.
It is important that we recognize the hardship encountered by
National Guardsmen and Reservists when they are called up for duty. In
addition to placing their lives in the line of fire and separating
themselves from their families for extended periods of time, these
individuals must bear additional personal financial costs. One way to
recognize their courage and sacrifice and to mitigate against the
economic hardships that they must endure is to allow these men and
women to enroll in TRICARE. TRICARE offers high quality coverage at a
reasonable cost to members of the armed forces and their families.
Allowing National Guardsmen and Reservists to enroll in TRICARE would
serve as an additional incentive and help strengthen morale.
At a time when the military is facing unprecedented difficulties
insofar as personnel recruitment and retention, it is important that we
do everything we can to demonstrate to our men and women of the
National Guard and Reserves that we recognize their sacrifice and the
hardship that they and their families endure. National Guardsmen and
Reservists have played a vital and integral role as soldiers on the
front lines of Operation Iraqi Freedom and Operation Enduring Freedom.
National Guardsmen and Reservists have been required to extend their
tours of duty in Iraq and Afghanistan to a point where their level of
involvement in this conflict is virtually indistinguishable from that
of active duty members of the armed services. It is also clear that
their efforts will be required indefinitely.
We must take this opportunity to recognize the heroic efforts and the
vital role played by our National Guardsmen and Reservists in securing
freedom for the people of Iraq and Afghanistan. We must also recognize
the evolving nature of the role of National Guardsmen and Reservists
and how much our armed services now depend upon their service, a trend
that one can only assume will continue in the future. These men and
women have labored well beyond traditional tours of duty in order to
help maintain security for the new democracies. They are soldiers and
they deserve to be treated as such. I hope that conferees will revisit
this bi-partisan proposal and that it will ultimately be included in
the final version of the Defense Authorization Act.
Mr. HOLDEN. Mr. Chairman, I rise today in support of the Defense
Authorization Act for Fiscal Year 2006. I am pleased Chairman Hunter
and Ranking Member Skelton were agreeable in adding my legislation to
create the Combat Medevac Badge in the bill. I would also like to thank
Congressman Geoff Davis for his support in offering my legislation as
an amendment during mark-up.
[[Page H3922]]
Two years ago I was approached by the Vietnam Veterans of America
Chapter 542 in Central Pennsylvania, who told me great stories of
heroism performed by DUSTOFF pilots and crews during the Vietnam War.
But despite their heroic acts, the Vietnam Veterans of America
continued to struggle to establish a combat badge in honor of these
brave pilots and medics.
Upon my meeting with the Vietnam Veterans of America Chapter 542, I
introduced legislation to establish the Combat Medevac Badge to
recognize these Medevac pilots and crews. Simply stated, my legislation
would make any person who served in combat as a pilot or crewmember of
a Medevac unit beginning June 25, 1950 eligible for the Combat Medevac
Badge.
Current law provides for two honor recognitions, the Combat Medical
Badge and the Combat Infantryman Badge. The basic eligibility standards
for both of these awards were crafted during World War II, a time
before helicopters entered the field of battle for rescue and medical
evacuation purposes.
Non-Medevac pilots and co-pilots, who flew aircraft during the Korean
War, and every war since then, have long been recognized with a Combat
Badge. However, because of an omission in the statute, Medevac crews
that operate rescue helicopters have never been eligible for the same
recognition.
Last week, this omission was corrected during the Defense
Authorization mark-up, when Congressman Davis offered an amendment to
establish the Combat Medevac Badge, which was passed en bloc. I commend
Congressman Davis for taking the lead in committee and bringing this
long overdue award one step closer to fruition.
Mr. Chairman, I would again like to commend Chairman Hunter, Ranking
Member Skelton, and Congressman Davis for their leadership in bringing
forth this very good bill and including the establishment of the Combat
Medevac Badge. I would also like to thank my colleague from
Pennsylvania, Joe Pitts, for all of his assistance and hard work.
Lastly, I would like to recognize John Travers and Mike McLaughlin of
the Vietnam Veterans of America Chapter 542 for brining this to my
attention and for all of their time and dedication to the effort.
Medevac pilots and crews have performed heroically during times of
military conflict. This long overdue award will acknowledge their
service to our country.
Mr. FARR. Mr. Chairman, I rise to express my support for two
amendments to H.R. 1815, the Department of Defense Authorization Bill,
which are critical to improving the health and welfare of our
servicewomen at home and overseas. The Slaughter amendment would
authorize funding for the DOD to provide better care to military
victims of sexual assault. The Davis amendment would allow servicewomen
overseas to use their own funds to obtain a safe abortion in military
hospitals. I urge my colleagues to support both of these amendments.
Incidents of sexual assault in the military are unfortunately all too
common and, despite this fact, DOD does not currently provide adequate
training in evidence gathering and preservation for first responders to
sexual assaults. In addition, many military healthcare providers are
not familiar with the gathering and processing of rape kits and some
facilities are not even equipped with rape kits. It is unacceptable
that DOD has not provided more comprehensive resources for dealing with
the problem of sexual assault in the military. The Slaughter amendment
would authorize $25 million annually for training and resources for the
DOD to improve the response to incidents of sexual assault. The
amendment would also require the Secretary of Defense to develop a plan
to enhance accessibility and availability of supplies, trained
personnel, and transportation resources in response to sexual assaults
occurring in deployed units.
In light of DOD's inability to protect servicewomen from sexual
assault, and to provide comprehensive health care after a sexual
assault, it is even more important that we support the Davis amendment
to ensure that servicewomen stationed overseas could receive a safe
abortion, paid for with their own private funds, in a military
hospital. Currently, servicewomen and female military dependents are
prohibited from using their own funds for abortions at overseas
military hospitals. Military women should be able to depend on their
base hospitals for all their health care services, but instead they are
forced to compromise their medical privacy and wait for space on a
military transport, or to seek an abortion in a foreign hospital. It is
unacceptable to endanger the health of our servicewomen by denying them
safe and timely medical care. This amendment would not require the
government to pay for abortions, and it would not force medical
providers to perform abortions, but it would allow military women and
military dependents stationed overseas to exercise the reproductive
rights they are entitled to as Americans.
American servicewomen dedicate themselves to defending our
constitutional rights and civil liberties; they should not have to
worry about receiving inadequate healthcare for sexual assault, or
sacrificing their constitutional rights and civil liberties simply
because they have chosen to serve their country. I urge my colleagues
to support both the Slaughter amendment and the Davis amendment.
Mr. PRICE of North Carolina. Mr. Chairman, I rise today in support of
the Defense Authorization Bill. I want to specifically express my
support for the ``Contractors on the Battlefield'' section of the bill,
which takes a number of positive steps toward improving federal
oversight of contractors providing security services in war zones.
Several major incidents last year brought to light the problems and
dangers inherent in the federal government's use of security
contractors, including the Abu Ghraib scandal and the brutal murder of
four Blackwater contractors in Fallujah.
A year ago, more than 100 members of Congress joined me in writing to
the GAO to request an investigation into the use of security
contractors in combat zones. Last month, GAO confirmed many of our
fears, releasing a report that found substantial confusion surrounding
these contracts and how they fit into larger military operations.
I have been working with Congressmen Spratt, Waxman, Cramer, and
Snyder--and with the various security contractor groups--to develop
legislation that would address these problems and help rationalize the
security contracting system.
Last month, we introduced a bill based on those efforts, the
Transparency and Accountability in Security Contracting Act, and we
have been working with the Armed Services Committee to incorporate the
major elements of our bill into the Defense Reauthorization legislation
we are considering today. I am grateful for the support that
Representatives Hunter and Skelton have provided in addressing these
issues.
There were some items in our bill that I would have preferred be
included in the measure now before us, but I understand there are some
jurisdictional issues that would have complicated that. Nevertheless,
the provisions that are part of the Defense Authorization bill are a
solid first step, and I am pleased with this bipartisan accomplishment.
To date, the federal government has had no precise estimate of the
number of armed contractors working in Iraq and, as a result, the
Defense Department has had no systematic way to communicate with them,
putting both contractors and troops at risk.
The Defense Authorization bill would address that problem by
requiring DoD contractors to provide information on their personnel who
carry weapons, including the exact location where they are working.
They would also be required to certify that those personnel have
received the necessary training to do their jobs safely and
effectively.
The bill also would require combat commanders to establish protocols
to improve communication between military personnel and contractor
personnel. And it would require the Pentagon to establish guidelines
for contractors as to the type of weapons they may use and the amount
of training required to use them.
These provisions would help keep our troops and contractors safe, and
they should improve the effectiveness of contractors in Iraq and other
areas of conflict. And after two years of being in the dark, this bill
would also provide us with the information we need to provide
appropriate oversight of contractors in war zones. I urge my colleagues
to support this bill.
Mr. CROWLEY. Mr. Chairman, I rise today to speak in support of the
Defense Authorization bill. I would like to commend the distinguished
Chairman of the Armed Services Committee Duncan Hunter and his
counterpart Ike Skelton, a man who I greatly respect, for crafting a
bipartisan bill.
While this is not a perfect bill, in today's environment on Capitol
Hill it is a testament to both of these men and their staff that they
are able to work so well together to put a bill forward that so many of
us can support. I would also like to thank the Rules Committee for
making my amendment in order for debate today.
My amendment is a Sense of Congress honoring the diversity of the men
and women who have given their lives in defense of our country.
Diversity is an essential part of the strength of the Armed Forces, in
which members having different ethnic backgrounds and faiths share the
same goal of defending the cause of freedom, democracy, and liberty.
These brave men and women who come from such diverse backgrounds are
one of the best foreign policy tools we have.
When we have a broad mosaic of the diversity of our country all
working together, like African Americans, Arab Americans, Asian
Americans, Hindu Americans, Jewish Americans, Latino Americans, Muslim
Americans,
[[Page H3923]]
and Sikh Americans all working together fighting for the same cause, it
says something to the rest of the world.
I know a lot about diversity because I have the privilege of
representing one of the most diverse Congressional districts and I'm
proud to say that my constituents are members of the Armed Forces and
unfortunately, several have lost their lives fighting to defend the
cause of freedom, democracy, and liberty.
As the former co-chair of the Caucus on India and Indian Americans, I
read with interest about a young Sikh American, Specialist Uday Singh,
who died fighting in Iraq. He was the first Sikh to die in combat
operations during Operation Iraqi Freedom. As I read on, it told the
story of how Specialist Singh joined the military--Singh joined because
he believed in what the United States represents and felt the strong
desire to fight for the freedoms we have here. I would like to commend
the family of this young man for his sacrifice for our freedom.
I also represent a large Latino community and have had the privilege
of meeting with the Latino members of the Armed Forces. They've told me
stories about what made them join, whether it was to defend the cause
of freedom, democracy, and liberty or to make a better life for
themselves through the military, regardless of the reasons their
actions are commendable.
A constituent of mine, Sergeant Christian Engeldrum was killed during
service in Iraq. This patriot was a Firefighter in New York City and
was one of the first people to raise an American flag over Ground Zero
after September 11, 2001. The events he witnessed that horrible day
spurred him to re-enlist into the Army to fight for our nation overseas
and ensure our protection here at home. While he left his pregnant wife
and two growing sons behind, he volunteered so they could live in a
safer country, and a better world. Tragically, on November 30, he paid
the ultimate price for his love of family and country when a roadside
bomb exploded near his convoy outside of Baghdad.
Sergeant Engeldrum was the fIrst New York City firefighter to die in
service to his nation in Iraq. My heart and sincerest condolences go
out to his family and all the other families who have lost loved ones,
but we also need to focus our attention on those who have lost their
lives but also the ones who have come back with injuries and
unexplained ailments.
I also have some veterans who are still struggling with the effects
of serving in the military, both mentally and physically. One such
veteran had gone undiagnosed and recently had a child born with birth
defects. The military doesn't know why this happened but I believe it
had to do with the large amount of depleted uranium found in his body.
I would like to thank the committee for including language in the bill
for the Department of Defense which addresses and acknowledges the
widespread problem of exposure to depleted uranium by military
personnel.
The language, which I authored, was in honor of my constituent Gerard
Mathew and his family. This language will require the Department of
Defense to rework its strategy regarding depleted uranium, require the
Department of Defense to update their testing methodology to the most
modern standards and provide testing to all who request it and provide
better protections and coverage for members of the military.
This language is an important issue that all the members of our Armed
Forces face and I want to thank the Committee for their willingness to
address this concern. No piece of legislation is perfect but I would
like to commend the chairman and the ranking member and their
incredible staff for working hard to craft such a bipartisan bill that
I hope many of the members of this House will support.
Mr. TIBERI. Mr. Chairman, I rise in support of the National Defense
Authorization Act, and the inclusion of my language that extends hiring
preferences for federal jobs to more veterans.
I want to thank armed services Chairman Duncan Hunter for including
this language in his manager's amendment. Chairman Hunter's concern for
our men and women in uniform is second to none.
Currently, only veterans who have spent 30 consecutive days in a
combat area are eligible for federal hiring preference.
Thousands of regular military, reserve and national guard forces who
have served in the war on terror, both in this country and abroad,
don't qualify because they don't meet the 30 day standard.
That's wrong. They've sacrificed and faced the same hardships. They
deserve the same benefits.
My language extends the hiring preference to any honorably discharged
vet who has spent 180 days on active duty in the war on terror. This is
very similar to language approved by Congress for veterans of the gulf
war.
This problem was brought to my attention by reservists in my
district. On their behalf, and on behalf of all our veterans, I want to
thank Chairman Hunter and my colleagues in the House for accepting my
language.
Mr. UDALL of Colorado. Mr. Chairman, I rise in support of this bill.
It is deficient in many ways, but it includes critical provisions that
I think are necessary. So I will vote for it.
As a new Member of the Armed Services Committee, I am grateful to
Chairman Hunter for working with me on a number of provisions in the
bill that are important to me and my state of Colorado.
The bill incorporates an amendment I offered to reauthorize for one
year the Welcome Home Warrior and Freedom Salute programs for the Army
Reserve and Army and Air National Guard. Both programs are first and
foremost recruiting and retention programs. They help reintroduce
returning soldiers to civilian life and honor them with gifts of flags,
lapel pins and other items honoring their service. Especially given the
amount of strain our citizen soldiers are under, it's all the more
important that we take the time to let them know how much their service
and sacrifices mean to their communities and to the nation.
The bill also includes language directing the Secretary of the Army
to evaluate the type of aircraft available in the Army's inventory that
can replace aging equipment currently in use at High-Altitude Aviation
Training Site (HAATS) in Eagle, CO. HAATS, which is operated by the
Colorado Army National Guard, is the primary site for training military
pilots on operations in hostile and high-altitude environments under
all weather conditions. The training that is done at HAATS is essential
to reduce the number of accidents our forces have recently experienced
when operating in high mountainous areas, such as Afghanistan and
Northern Iraq. But the training site currently uses aircraft that are
being phased out this year, and no replacement aircraft have been
programmed. So I'm glad that the Chairman has pledged to work with me
to help HAATS continue to provide its important training.
I was pleased that the bill includes favorable language on the Pueblo
Chemical Depot, a former chemical weapons site located in southeastern
Colorado. Coloradans were alarmed last year when the demilitarization
project was put on hold, so they want to see that DoD is committed to
using the neutralization technology to destroy the 2,600 tons of
mustard agent stored at Pueblo--not transporting the weapons to a
different site for destruction. The Colorado delegation has worked hard
to put the project back on the right track, so I am grateful for
language in the bill directing the Secretary of the Army to continue to
implement fully the neutralization technology at Pueblo.
I also want to call attention to language that would transfer program
responsibility from the Under Secretary of Defense for Acquisition,
Technology, and Logistics to the Secretary of the Army. I understand
that objection to this transfer in the past was due to the preference
of the Program Manager for Chemical Destruction under the Department of
the Army for baseline incineration. Now that DoD is committed to the
neutralization approach, and given the numerous GAO reports and
testimony to Congress stating that effective management of the chemical
demilitarization program has been hindered by the complexity of its
management structure, it appears to make sense to pursue the transfer.
Still, I've asked the Chairman to follow this move closely to ensure
that this proposed change in oversight of the project doesn't change
the path forward for the development of the neutralization technology.
Finally, I'm pleased that the bill includes $6.4 million for the Air
National Guard Station at Greeley for the Space Warning Squadron
Support Facility as well as $5.5 million for the Network Information
and Space Security Center (NISSC) at the University of Colorado at
Colorado Springs. These funds will enable Colorado's Air National Guard
to replace its outdated facility and allow NISSC to expand its programs
and services through a multidisciplinary homeland security lab
environment.
There are also many broad provisions in the bill that benefit our
troops. An important one increases the active duty Army and Marine Corp
by 10,000 and 1,000 respectively, thereby helping to ease the strain on
our troops. I'm also glad that the bill includes provisions to increase
recruiting and retention incentives, increase the death gratuity to
$100,000, and provide a 3.1 percent pay raise for members of the armed
forces. The bill also provides better force protection for our troops,
including nearly doubled funding for up-armored Humvees.
Also important--especially at this time of budget tightening--is the
bill's focus on reining in costs of major procurement programs,
particularly the Future Combat Systems and other programs that have
relied on immature technology.
On a less positive note, I am concerned that the bill authorizes
nearly $50 billion in a ``bridge fund''--over and above the $440
billion in the regular bill--for FY06 supplemental
[[Page H3924]]
appropriations for the wars in Iraq and Afghanistan and the global war
on terror. While inclusion in the bill does mean that the authorizing
process has been followed to an extent, still, the additional money in
this bridge fund should be included in the regular budget request,
since there is nothing unexpected about the need for these funds. The
``emergency'' label that these funds bear hides the fact that they do
increase the size of the budget deficit. I don't believe this is a
responsible way for us to pay for our military operations.
I'm also disappointed that the leadership and the Rules Committee did
not provide for adequate debate on issues of importance to the nation
and to the prosecution of the war in Iraq and Afghanistan.
Last week the Armed Services Committee voted for Representative
Taylor's amendment to provide TRICARE to all Reservists on a permanent
basis. But Chairman Hunter took the language out due to budget
constraints, and the Rules Committee refused to make Mr. Taylor's
amendment in order. I agree with my colleague Representative Taylor
that as long as our nation continues to use our reserve components in
the same capacities as active duty troops, they deserve similar
benefits for similar service. The needs of our Reservists will continue
to grow as we continue to call them to service in the war in Iraq and
Afghanistan. But the Republicans put off this decision on TRICARE to
another day.
The Rules Committee also precluded debate on Representative Spratt's
amendment to increase spending on nonproliferation programs. As Mr.
Spratt pointed out, we are currently spending less on the cooperative
threat reduction program than we did before September 11th. President
Bush agreed with Senator Kerry in one of the presidential debates that
the biggest danger we face is the threat of nuclear weapons and other
weapons of mass destruction in the hands of terrorists. Yet this bill
doesn't provide funding for our nonproliferation programs commensurate
with this threat.
I am disappointed that debate was not allowed on Representative
Tauscher's excellent amendment on sharing reports on detainee treatment
with Congress or on an amendment I offered with my colleague
Representative Beauprez to help former nuclear weapons workers in
Colorado who are suffering from cancer and other conditions related to
their exposure to radiation and other hazards.
I'm very relieved that the majority saw fit to scale back for the
second time language that was first proposed two weeks ago in the
Personnel Subcommittee on which I serve. That language would have
removed women from Army combat support and combat service support units
in which they currently serve, a move that would have affected many
thousands of women in Iraq and Afghanistan.
Last week's amendment watered down the initial language, codifying
the status quo with regard to positions women currently hold in the
military. Along with my colleagues in the Armed Services Committee, I
objected to this revised language because it would take flexibility
away from our commanders who need to make their own decisions about
battlefield needs. So last week's amendment meant that if one of the
services wanted to expand or change positions open to women, this could
only be done through a change in the law. Ranking Member Skelton said
it best: ``By limiting women to only those jobs they perform today, it
will be more difficult for commanders to adapt their forces to the
changing needs of current operations around the world.''
Given the current difficulties our military is facing with
recruitment and retention, it doesn't make sense to tie the hands of
our commanders, discourage women from joining the armed forces, or
create confusion among our troops. So I'm glad that Chairman Hunter
revised his language yet again in the manager's amendment today. This
final provision requires the Defense Department to provide more
detailed reporting if the services want to expand the role of women,
and establishes a longer waiting period following notice to Congress
before those changes can go into effect.
Finally, I want to discuss an amendment brought to the floor by our
colleague from California, Ms. Woolsey.
This is an annual authorization bill, but its provisions will have
lasting effects beyond the next fiscal year. So, I sympathized with
those who supported the amendment calling for the Administration to
tell us how they intend to complete the work we have undertaken to do
in Iraq. But, after careful consideration, I decided that I could not
support the Woolsey amendment.
That does not mean I am confident that the Administration has a clear
blueprint--in fact, just the opposite. I opposed the resolution
authorizing the use of force in Iraq because I thought other
alternatives had not been exhausted. And events since then have made
clear that while the Administration planned for invasion, they lacked a
plan for what would follow.
But just as rushing into Iraq was a mistake, rushing to get out would
also be a mistake. Ms. Woolsey's amendment may be helpful in sending an
important signal to the Muslim world that America has no desire to stay
in Iraq, but it fails to address the necessary linkage between an exit
strategy and security. Moreover, I am persuaded that this is not the
moment for Congress to cast what the insurgents predictably would
describe as a vote of no confidence in our efforts to assist the new
Iraqi government to draft a constitution and to develop the police and
military forces needed to maintain order so that the Iraqi people can
decide in free and fair elections whether to ratify that document.
Mr. Chairman, this is not a perfect bill. And the process under which
it was debated was not all that it should have been. But, overall, the
bill deserves to pass and I urge its approval.
Mr. BLUMENAUER. Mr. Chairman, I voted against this bill because, at
its core, it gives too much money to the wrong people to do the wrong
things, while missing out on important priorities for the safety and
wellbeing of our troops and our nation. This budget provides $3.4
billion--$170 million more than the President's request--for an
untested and unproven national missile defense system and continues to
fund the unnecessary FA/22 Raptor and the C-130J cargo plane, which
even Secretary of Defense Donald Rumsfeld has tried to kill. At a time
when we are at war, the United States can hardly afford to waste
billions of our defense dollars on programs that don't work or address
the new threats we face.
I'm disappointed that an amendment I intended to offer was not
allowed to be debated, which would have delayed the 2005 BRAC round
until the Pentagon had a strategy, including expected funding, to
cleanup the bases closed in the 1988 BRAC round. At the same time, in
addition to missing the opportunity to deal with issues of unexploded
ordnance and environmental cleanup at BRAC sites, this bill doesn't
include TRICARE for our reservists or address the threat of nuclear
proliferation by sufficiently funding the Nunn-Lugar Cooperative Threat
Reduction program, as recommended by the 9/11 Commission.
A glaring omission is the lack of any meaningful provisions dealing
with torture and prison abuse by our country. The failure to hold
anyone up the chain of command responsible for documented gross
violations of human rights is appalling. Placing the blame entirely on
a few low-level enlisted personnel is shameful. It sends the wrong
message to our fighting forces and to the rest of the world, with
dangerous consequences for the United States.
I opposed the War in Iraq from the beginning because this
administration had inadequate preparation for the war and never had a
plan for winning the peace. Nothing in this bill solves this most
pressing problem for our troops. We still lack a plan to win the peace
in Iraq.
Mr. LANGEVIN. Mr. Chairman, I rise in support of H.R. 1815, and thank
Chairman Hunter and Ranking Member Skelton for their hard work. This
bill supports our men and women serving in the armed forces and make-
investments to keep our military strong in the future.
H.R. 1815 is committed to a strong Navy through shipbuilding
increases. With cost controls and investments in our industrial base,
we can ensure that our future navy will be robust, innovative and
effective. I am pleased that the bill directs the Navy to begin design
work on a next-generation submarine that will incorporate emerging
technologies. Currently our Navy has no plans for the submarine to
follow the Virginia-class, which threatens to cause our design and
engineering base to disappear. If we lose design capability, we will do
irreparable harm to our shipbuilding industry. Given certain nations'
investments in their navy and undersea capabilities, I appreciate the
commitment in this bill to guaranteeing our nation's undersea
dominance.
However, I am concerned by the recommended cuts to DD(X), the Navy's
future destroyer that will serve as the model for our naval surface
combatant transformation. DD(X) is the cornerstone of our future fleet,
and I fear that the cuts in this bill could endanger the project. I
look forward to working with my colleagues to address any existing
concerns with DD(X) and to continue this program.
This bill also contains important language to ensure that civilian
employees at the Department of Defense do not lose their jobs to
private contractors without first having the opportunity to compete for
the work. It closes loopholes that have permitted DOD to outsource work
without proving that the private sector can do it more cost-
effectively. Finally, it expresses the sense of Congress that civilian
employees should have the same rights as private contractors during
contract competitions. I thank the chairman of the Readiness
Subcommittee, Mr. Hefley, for working with me to craft the language and
Chairman Hunter for his commitment to defend our provisions.
[[Page H3925]]
Furthermore, the committee report encourages the President to update
the National Security Strategy so that we incorporate all instruments
of national power into a comprehensive approach to security. We need a
vision of national security that complements our military might with
enhanced soft power capabilities such as communications and diplomacy,
economic cooperation and foreign aid, cultural exchanges, and
investments in educational disciplines such as science, engineering and
foreign language skills. Joseph Nye, the former dean of the Kennedy
School of Government and Assistant Secretary of Defense for
International Security Affairs, has written extensively about the need
to supplement our military might with efforts to win the world's hearts
and minds with our values and culture. As the 9/11 Commission so
eloquently put it: ``If the U.S. does not act aggressively to define
itself [. . .], the extremists will gladly do the job for us.'' I thank
the committee leadership for addressing my concerns in this area.
Again, I commend the Chairman Hunter, Ranking Member Skelton and my
colleagues on the committee for a well-balanced bill, and I urge its
adoption.
Ms. BALDWIN. Mr. Chairman, I rise in opposition to H.R. 1815, the
Defense Authorization Act for Fiscal Year 2006. This legislation
reflects misplaced priorities, wrong choices, excessive spending, and a
failure to make hard choices. This bill also fails to assert any
meaningful Congressional oversight over the war in Iraq which has been
mismanaged from the very beginning.
Passage of this bill today will set our annual defense spending in
Fiscal Year 2006 at $490.7 billion, including additional funding for
the war in Iraq. This will account for 55 percent of all discretionary
spending. In real terms, it will be 20 percent higher than the average
defense budget during the Cold War. We will spend just shy of a million
dollars a minute, 24 hours a day, for all 365 days next year.
Mr. Chairman, in the past, I have supported many defense
authorization and defense appropriations bills. As a Member of this
House, I take extremely seriously my oath of office that obligates me
to provide for the protection of the American people. Providing for our
common defense is critical, but like other federal government programs,
we are bound to ensure that each dollar that we spend is necessary and
used wisely.
Not only will this be a record defense budget, it will also be nearly
as large as every other country in the world combined. Let me repeat
that, this defense budget will nearly equal all other military spending
in the world, including nations that are our allies and nations that
are potential adversaries. According to estimates by the Center for
Arms Control and Nonproliferation, all nations except for the United
States are spending a total of $527 billion. This includes our NATO
allies like Britain at $49 billion and France at $40 billion, and Japan
at $45 billion. Our spending dwarfs those of countries that are
considered possible threats to our security: Iran at $3.5 billion,
North Korea at $5.5 billion, Syria at $1.6 billion, and Sudan at $500
million.
We have already appropriated approximately $250 billion for the wars
in Iraq and Afghanistan since 2003. The day after we passed our latest
FY 2005 supplemental, the Administration signaled that we should expect
another supplemental request in the $50 billion range. It is clear that
the Administration has no idea what the costs of the Iraq operations
will be or is withholding that information from the Congress and the
American people.
In March 2003, before the war began, I wrote to the President with 22
of our colleagues to ask him to specifically define our objectives and
to provide an exit strategy. We asked the President a number of
questions including: ``Under what circumstances will our military
occupation of (and financial commitment to) Iraq end? And how will we
know when these circumstances are present.'' We, and the American
people, never received an answer to these crucial questions. Even
today, the Administration is unwilling or unable to answer. This is
simply unacceptable.
Time and again, the President has requested money to fund the war in
Iraq while refusing to answer our questions about this war and provide
a comprehensive strategy for bringing our troops home. We must insist
that the administration articulate the conditions necessary to bring
our troops home, and push them to do that as soon as possible. The
administration's refusal to address these is quite astounding to me and
should be of great concern to all Americans who believe in principles
of accountability and checks and balances.
It is absolutely essential that President Bush formulate an exit
strategy. This strategy must specify our objectives clearly, benchmarks
to measure our success, or lack of success, and a realistic time line
for withdrawing our troops. I know that many argue that a timeline for
withdrawal would encourage insurgents to ``run out the clock.'' I
disagree. A timeline would establish deadlines for us and the Iraqis to
achieve our objectives. It gives us deadlines with which to hold
ourselves accountable. For example, we set a date for elections, and
despite the violence, we were successful in holding them on time.
My colleague from California, Lynn Woolsey, offered an amendment
today to ask the President to develop a plan for withdrawing U.S.
forces from Iraq. This amendment did not set a date for withdrawal, nor
did it require that any plan developed by the President have a fixed
timeline for withdrawal. It simply said that the President should put
together a plan and share it with Congress and the American people.
Yet, the House leadership only allocated 30 minutes for this crucial
debate.
This legislation fails to make tough choices about our military
priorities. I support transformation of our armed forces into a more
mobile, flexible force that can take on a wide variety of missions,
from combat to peacekeeping, from hurricane relief to securing weapons
of mass destruction. Our country cannot afford to maintain our current
Cold War structure and legacy weapons systems while fully transforming
into the modern force we need in this century. Yet this bill fails to
make the tough choices and instead tries to fund both. And it fails to
fully succeed at either.
I want to focus on some of the weapons systems we are funding in this
bill.
Since 1983, we have spent $100 billion on missile defense. President
Bush decided to move forward with deployment of a system that has been
inadequately tested. As the Government Accountability Office (GAO)
noted last year, the system is ``largely unproven.'' The GAO went on to
state that tests so far have been ``repetitive and scripted'' and that
``decision makers in the Defense Department and Congress do not have a
full understanding of the overall cost of developing and fielding the
Ballistic Missile System and what the system's true capabilities will
be.'' Each year we put more and more resources into this unproven
technology that does not address the most likely threats from weapons
of mass destruction. Is a nuclear weapon likely to arrive on an
intercontinental ballistic missile? Homeland security experts don't
believe so. Moving forward with another $7.9 billion this year and
plans for at least $50 billion more in coming years does not make
military or fiscal sense.
I am pleased that the committee report on this bill raises serious
questions about the future of the Future Combat System (FCS) program.
The GAO found in March 2005 that ``the FCS program faces significant
challenges in setting requirements, developing systems, financing
development, and managing the effort.'' Let me quote from the report:
The FCS has demonstrated a level of knowledge far below
that suggested by best practices or DOD policy. Nearly 2
years after program launch and about $4.6 billion invested to
date, requirements are not firm and only 1 of over 50
technologies are mature--activities that should have been
done before the start of system development and
demonstration.
If everything goes as planned, the program will attain the
level of knowledge in 2008 that it should have had before it
started in 2003. But things are not going as planned.
Progress in critical areas, such as the network, software,
and requirements has been slower than planned. Proceeding
with such low levels of knowledge makes it likely that FCS
will encounter problems late in development, when they are
costly to correct. The relatively immature state of program
knowledge at this point provides an insufficient basis for
making a good cost estimate.
Despite the clear concern of the committee expressed in the committee
report, FCS is funded at $3.4 billion, only $400 million less than the
President's request.
The F/A-22 Raptor is the most expensive fighter ever built.
Originally budgeted at $96 billion for 648 planes, it is now going to
cost us $68 billion for 178 planes. Because of changing capabilities,
the planes are now estimated to cost $258 million each, five times the
cost of the F-15 and F-16 that they are replacing. This year, we are
going to spend $3.8 billion for 24 planes while spending another $480
million for research and development. We have a plane that is way over
budget and whose mission is unclear. The answer to this dilemma is to
end the program, not spend more.
In December, the Defense Department proposed cutting the C-130J cargo
plane, which would have saved $30 billion over the next five years.
This made a lot of sense since the plane cannot complete its intended
mission. Most of the planes have design flaws that prevent them from
dropping paratroopers or heavy equipment. The chief weapons inspector
at the Pentagon reported that it is ``neither operationally effective
nor operationally suitable.'' Unfortunately, DOD has backed off
cancellation and this bill will authorize more than $1 billion for
procurement in FY 2006.
I do want to mention some positive features of this legislation. I am
pleased that it contains a 3.1 percent increase in military pay. Our
men and women in uniform deserve our admiration and respect for their
dedication and
[[Page H3926]]
commitment. They have demonstrated again and again their
professionalism when faced with incredibly difficult challenges. They
truly are the best in the world. This legislation contains improvements
to benefits and facilities that will help members of our armed forces
and their families. It also increases hazardous duty pay, raises the
caps on enlistment and reenlistment bonuses, and enhances the TRICARE
Reserve Select Program (TRS). I support those provisions.
I was disappointed that expanded eligibility for TRICARE for our
guard and reserve that the committee added to the bill was dropped by
Chairman Hunter. This bill should also have included full concurrent
receipt and ended taxation of survivor benefits.
This bill fails to make the tough choices necessary to transform our
military force for the 21st Century. This bill fails to account for the
real costs of war in Iraq and fails to press the President to put
together a realistic exit strategy. I therefore must vote against this
legislation.
Mr. SALAZAR. Mr. Chairman, I rise today in support of H.R. 1815, the
Defense Authorization Act for Fiscal Year 2006. I commend the Committee
for their hard work in crafting this bill. I do wish to express my
concern over a certain section of the bill that directly impacts a
facility in my district.
Since 1997, the Assembled Chemical Weapons Alternatives (ACWA)
program has overseen the development of new technologies for the
destruction of chemical weapons at the Pueblo Chemical Depot in my
congressional district and the Blue Grass Army Depot in Lexington,
Kentucky. The ACWA program has been highly successful and construction
activities are now set to commence in the very near future. Congress
intentionally gave oversight authority to the Under Secretary of
Defense for Acquisition, Technology, and Logistics in an effort to
develop alternative destruction techniques from the incineration
process that existed at the time. This year's Defense Authorization
gives that authority to the Secretary of the Army.
In a letter dated May 2, 2005, my colleague Mr. Chandler of Kentucky,
and I asked Under Secretary Mike Wynne to answer several questions
about a change of authority of this nature. I still look forward to
Under Secretary Wynne's response. The ACWA program's success has been
due to the unique interaction between the Federal, State and local
government representatives, regulators and the community; I encourage
the Secretary of the Army to foster these relationships and ensure that
a transparent and open decision making process remains intact. I also
urge the Secretary of the Army to make this transition in a way that
does not negatively affect the program timelines at either facility or
increase the cost of completing this important work.
Mr. Chairman, we are already at risk of not meeting our treaty
obligations laid forth in the Chemical Weapons Convention. I fear that
if an inefficient and closed organizational structure is established
for the two ACWA facilities, the progress we have already made will be
lost. This Congress must expect and ensure efficiency in the effort to
destroy our chemical weapons stockpiles.
Mrs. MALONEY. Mr. Chairman, I rise today in support of H.R. 1815, the
``National Defense Authorization Act for Fiscal Year 2006.'' I am
pleased that the bill includes provisions to provide retirement credit
to the members of the National guard serving on State duty who
responded to the 9/11 attacks in New York and at the Pentagon. I along
with my friend and colleague, Representative King, and other members of
the New York delegation, have introduced legislation, H.R. 2499, which
would accomplish the same goal, and I am thankful that the Committee
has worked with us to correct this inequity.
In the aftermath of 9/11, the National Guard responded to the call of
duty heroically. While others were moving toward safety, the guard
moved into unknown dangers around Ground Zero. They did not know if
another attack was coming, but they did not hesitate to respond. All
they did was their selfless duty.
They secured lower Manhattan, they protected against a possible
second attack, and they stood up for our Nation, knowing their lives
may be in danger. For almost a year after 9/11, these National Guard
heroes streamlined the movement of rescue personnel during the critical
first phases of the response and they endured the toxic air conditions
of Ground Zero with thousands of responders.
What we face now is a question of fairness. Last year, I visited the
units of the Manhattan based 69th National Guard Regiment--known as the
Fighting 69th--just days before they were to leave for Iraq. I asked if
there was anything I could do on their behalf. And the had only one
request. It was to seek fair federal retirement credit for their 9/11
service to the country.
We, in Congress, now have a chance to express the Nation's gratitude
to these soldiers, not just through words of praise but through action.
The problem is a simple one: The national Guard units that served in
the disaster zones of New York after 9/11 are not receiving Federal
retirement credit, while the National Guard units that protected
Federal sites like West Point are receiving Federal retirement credit.
We all agree that protecting Federal sites was an important duty after
9/11, and that soldiers who served in that capacity deserve Federal
retirement credit. But those who risked their lives at Ground Zero, in
the most dangerous conditions anywhere in the country, deserve the same
fair treatment.
Right now, many of the same soldiers who protected New York after 9/
11 from the Fighting 69th are serving courageously in Iraq. Sixteen
members of the Manhattan-based 69th National Guard Regiment have died
in the Iraq war--8 in the past year. In April, 6 members of the 69th
were Awarded Purple Hearts after being wounded in Iraq from roadside
bombs. We can honor the service of our National Guard, by providing
them with fair Federal retirement credit for their 9/11 service.
I would like to thank Chairman Hunter, Ranking Member Skelton,
Representative Snyder, and especially Representative McHugh, who were
so instrumental in this process, and I commend them for their
commitment to the men and women serving this country all over the
world. I also would like to acknowledge both the majority and minority
staff of the committee for their assistance.
The terrorist attacks of September 11, 2001, were an unprecedented
event in American history. The provisions included in this bill will
show our gratitude to the brave men and women who responded on that day
by giving them the retirement benefits to which they are entitled.
The Acting CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the committee amendment in the nature of a
substitute printed in the bill is considered as an original bill for
the purpose of amendment and is considered read.
The text of the committee amendment in the nature of a substitute is
as follows:
H.R. 1815
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense
Authorization Act for Fiscal Year 2006''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) Divisions.--This Act is organized into three divisions
as follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Division A--Department of Defense Authorizations
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for UH-60/MH-60 helicopters.
Sec. 112. Multiyear procurement authority for Apache Modernized Target
Acquisition Designation Sight/Pilot Night Vision Sensor.
Sec. 113. Multiyear procurement authority for Apache Block II
conversion.
Sec. 114. Acquisition strategy for tactical wheeled vehicle programs.
Sec. 115. Limitation on Army Modular Force Initiative.
Sec. 116. Contract requirement for Objective Individual Combat Weapon -
Increment 1.
Subtitle C--Navy Programs
Sec. 121. Virginia-class submarine program.
Sec. 122. LHA Replacement amphibious assault ship program.
Sec. 123. Future major surface combatant, destroyer type.
Sec. 124. Littoral Combat Ship (LCS) program.
Sec. 125. Authorization of two additional Arleigh Burke class
destroyers.
Sec. 126. Refueling and complex overhaul of the U.S.S. Carl Vinson.
Sec. 127. Report on propulsion system alternatives for surface
combatants.
Sec. 128. Aircraft carrier force structure.
Sec. 129. Contingent transfer of additional funds for CVN-21 Carrier
Replacement Program.
Subtitle D--Air Force Programs
Sec. 131. Multiyear procurement authority for C-17 aircraft.
Subtitle E--Joint and Multiservice Matters
Sec. 141. Requirement that all tactical unmanned aerial vehicles use
specified standard data link.
[[Page H3927]]
Sec. 142. Limitation on initiation of new unmanned aerial vehicle
systems.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Annual Comptroller General report on Future Combat Systems
program.
Sec. 212. Objective requirements for non-line-of-sight cannon system
not to be diminished to meet weight requirements.
Sec. 213. Independent analysis of Future Combat Systems manned ground
vehicle transportability requirement.
Sec. 214. Amounts for Armored Systems Modernization program.
Sec. 215. Limitation on systems development and demonstration of manned
ground vehicles under Armored Systems Modernization
program.
Sec. 216. Testing of Internet Protocol version 6 by Naval Research
Laboratory.
Sec. 217. Program to design and develop next-generation nuclear
submarine.
Sec. 218. Extension of requirements relating to management
responsibility for naval mine countermeasures programs.
Sec. 219. Single joint requirement for heavy lift rotorcraft.
Sec. 220. Requirements for development of tactical radio communications
systems.
Sec. 221. Limitation on systems development and demonstration of
Personnel Recovery Vehicle.
Sec. 222. Separate program element required for each significant
research, development, test, and evaluation project.
Sec. 223. Small Business Innovation Research Phase III Acceleration
Pilot Program.
Sec. 224. Revised requirements relating to submission of Joint
Warfighting Science and Technology Plan.
Sec. 225. Shipbuilding Industrial Base Improvement Program for
development of innovative shipbuilding technologies,
processes, and facilities.
Sec. 226. Renewal of University National Oceanographic Laboratory
System fleet.
Sec. 227. Limitation on VXX helicopter program.
Subtitle C--Missile Defense Programs
Sec. 231. Report on capabilities and costs for operational boost/
ascent-phase missile defense systems.
Sec. 232. Required flight-intercept test of ballistic missile defense
groundbased midcourse system.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B--Environmental Provisions
Sec. 311. Revision of required content of environmental quality annual
report.
Sec. 312. Pilot project on compatible use buffers on real property
bordering Fort Carson, Colorado.
Sec. 313. Repeal of Air Force report on military installation
encroachment issues.
Sec. 314. Payment of certain private cleanup costs in connection with
Defense Environmental Restoration Program.
Subtitle C--Workplace and Depot Issues
Sec. 321. Proceeds from cooperative activities with non-Army entities.
Sec. 322. Public-private competition.
Sec. 323. Public-private competition pilot program.
Sec. 324. Sense of Congress on equitable legal standing for civilian
employees.
Subtitle D--Extension of Program Authorities
Sec. 331. Extension of authority to provide logistics support and
services for weapons systems contractors.
Sec. 332. Extension and revision of temporary authority for contractor
performance of security guard functions.
Subtitle E--Utah Test and Training Range
Sec. 341. Definitions.
Sec. 342. Military operations and overflights, Utah Test and Training
Range.
Sec. 343. Planning process for Federal lands in Utah Test and Training
Range.
Sec. 344. Designation and management of Cedar Mountain Wilderness,
Utah.
Sec. 345. Identification of additional Bureau of Land Management land
in Utah as trust land for Skull Valley Band of Goshutes.
Sec. 346. Relation to other lands and laws.
Subtitle F--Other Matters
Sec. 351. Codification and revision of limitation on modification of
major items of equipment scheduled for retirement or
disposal.
Sec. 352. Limitation on purchase of investment items with operation and
maintenance funds.
Sec. 353. Provision of Department of Defense support for certain
paralympic sporting events.
Sec. 354. Development and explanation of budget models for base
operations support, sustainment, and facilities
recapitalization.
Sec. 355. Report on Department of Army programs for prepositioning of
equipment and other materiel.
Sec. 356. Report regarding effect on military readiness of undocumented
immigrants trespassing upon operational ranges.
Sec. 357. Congressional notification requirements regarding placement
of liquefied natural gas facilities, pipelines, and
related structures on defense lands.
Sec. 358. Report regarding army and air force exchange system
management of army lodging.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2006 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorizations of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
Sec. 501. Temporary increase in percentage limits on reduction of time-
in-grade requirements for retirement in grade upon
voluntary retirement.
Sec. 502. Two-year renewal of authority to reduce minimum commissioned
service requirement for voluntary retirement as an
officer.
Sec. 503. Separation at age 64 for reserve component senior officers.
Sec. 504. Improved administration of transitions involving officers in
senior general and flag officer positions.
Sec. 505. Consolidation of grade limitations on officer assignment and
insignia practice known as frocking.
Sec. 506. Authority for designation of a general/flag officer position
on the Joint Staff to be held by reserve component
general or flag officer on active duty.
Sec. 507. Authority to retain permanent professors at the Naval Academy
beyond 30 years of active commissioned service.
Sec. 508. Authority for appointment of Coast Guard flag officer as
Chief of Staff to the President.
Sec. 509. Clarification of time for receipt of statutory selection
board communications.
Sec. 510. Standardization of grade of senior dental officer of the Air
Force with that of senior dental officer of the Army.
Subtitle B--Reserve Component Management
Sec. 511. Use of Reserve Montgomery GI Bill benefits and benefits for
mobilized members of the Selected Reserve and National
Guard for payments for licensing or certification tests.
Sec. 512. Modifications to new Reserve educational benefit for certain
active service in support of contingency operations.
Sec. 513. Military technicians (dual status) mandatory separation.
Sec. 514. Military retirement credit for certain service by National
Guard members performed while in a State duty status
immediately after the terrorist attacks of September 11,
2001.
Sec. 515. Use of National Guard to provide military support to civilian
law enforcement agencies for domestic counter-terrorism
activities.
Subtitle C--Education and Training
Sec. 521. Repeal of limitation on amount of financial assistance under
ROTC scholarship programs.
Sec. 522. Increased enrollment for eligible defense industry employees
in the defense product development program at Naval
Postgraduate School.
Sec. 523. Payment of expenses to obtain professional credentials.
Sec. 524. Authority for National Defense University award of degree of
Master of Science in Joint Campaign Planning and
Strategy.
Sec. 525. One-year extension of authority to use appropriated funds to
provide recognition items for recruitment and retention
of certain reserve component personnel.
Sec. 526. Report on rationale and plans of the Navy to provide enlisted
members an opportunity to obtain graduate degrees.
Sec. 527. Increase in annual limit on number of ROTC scholarships under
Army Reserve and National Guard program.
Sec. 528. Capstone overseas field studies trips to People's Republic of
China and Republic of China on Taiwan.
Sec. 529. Sense of Congress concerning establishment of National
College of Homeland Security.
[[Page H3928]]
Subtitle D--General Service Requirements
Sec. 531. Uniform enlistment standards for the Armed Forces.
Sec. 532. Increase in maximum term of original enlistment in regular
component.
Sec. 533. Members completing statutory initial military service
obligation.
Sec. 534. Extension of qualifying service for initial military service
under National Call to Service program.
Subtitle E--Matters Relating to Casualties
Sec. 541. Requirement for members of the Armed Forces to designate a
person to be authorized to direct the disposition of the
member's remains.
Sec. 542. Enhanced program of Casualty Assistance Officers and
Seriously Injured/Ill Assistance Officers.
Sec. 543. Standards and guidelines for Department of Defense programs
to assist wounded and injured members.
Sec. 544. Authority for members on active duty with disabilities to
participate in Paralympic Games.
Subtitle F--Military Justice and Legal Assistance Matters
Sec. 551. Clarification of authority of military legal assistance
counsel to provide military legal assistance without
regard to licensing requirements.
Sec. 552. Use of teleconferencing in administrative sessions of courts-
martial.
Sec. 553. Extension of statute of limitations for murder, rape, and
child abuse offenses under the Uniform Code of Military
Justice.
Sec. 554. Offense of stalking under the Uniform Code of Military
Justice.
Sec. 555. Rape, sexual assault, and other sexual misconduct under
Uniform Code of Military Justice.
Subtitle G--Assistance to Local Educational Agencies for Defense
Dependents Education
Sec. 561. Enrollment in overseas schools of Defense Dependents'
Education System of children of citizens or nationals of
the United States hired in overseas areas as full-time
Department of Defense employees.
Sec. 562. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 563. Continuation of impact aid assistance on behalf of dependents
of certain members despite change in status of member.
Subtitle H--Decorations and Awards
Sec. 565. Cold War Victory Medal.
Sec. 566. Establishment of Combat Medevac Badge.
Sec. 567. Eligibility for Operation Enduring Freedom campaign medal.
Subtitle I--Other Matters
Sec. 571. Extension of waiver authority of Secretary of Education with
respect to student financial assistance during a war or
other military operation or national emergency.
Sec. 572. Adoption leave for members of the Armed Forces adopting
children.
Sec. 573. Report on need for a personnel plan for linguists in the
Armed Forces.
Sec. 574. Ground combat and other exclusion policies.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2006.
Sec. 602. Additional pay for permanent military professors at United
States Naval Academy with over 36 years of service.
Sec. 603. Basic pay rates for reserve component members selected to
attend military service academy preparatory schools.
Sec. 604. Clarification of restriction on compensation for
correspondence courses.
Sec. 605. Permanent authority for supplemental subsistence allowance
for low-income members with dependents.
Sec. 606. Basic allowance for housing for Reserve members.
Sec. 607. Overseas cost of living allowance.
Sec. 608. Income replacement payments for Reserves experiencing
extended and frequent mobilization for active duty
service.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension or resumption of certain bonus and special pay
authorities for reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for
certain health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. One-year extension of other bonus and special pay
authorities.
Sec. 615. Expansion of eligibility of dental officers for additional
special pay.
Sec. 616. Increase in maximum monthly rate authorized for hardship duty
pay.
Sec. 617. Flexible payment of assignment incentive pay.
Sec. 618. Active-duty reenlistment bonus.
Sec. 619. Reenlistment bonus for members of Selected Reserve.
Sec. 620. Combination of affiliation and accession bonuses for service
in the Selected Reserve.
Sec. 621. Eligibility requirements for prior service enlistment bonus.
Sec. 622. Increase in authorized maximum amount of enlistment bonus.
Sec. 623. Discretion of Secretary of Defense to authorize retroactive
hostile fire and imminent danger pay.
Sec. 624. Increase in maximum bonus amount for nuclear-qualified
officers extending period of active duty.
Sec. 625. Increase in maximum amount of nuclear career annual incentive
bonus for nuclear-qualified officers trained while
serving as enlisted members.
Sec. 626. Uniform payment of foreign language proficiency pay to
eligible reserve component members and regular component
members.
Sec. 627. Retention bonus for members qualified in certain critical
skills or satisfying other eligibility criteria.
Sec. 628. Availability of critical-skills accession bonus for persons
enrolled in Senior Reserve Officers' Training Corps who
are obtaining nursing degrees.
Subtitle C--Travel and Transportation Allowances
Sec. 641. Authorized absences of members for which lodging expenses at
temporary duty location may be paid.
Sec. 642. Extended period for selection of home for travel and
transportation allowances for dependents of deceased
member.
Sec. 643. Transportation of family members incident to repatriation of
members held captive.
Sec. 644. Increased weight allowances for shipment of household goods
of senior noncommissioned officers.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 651. Monthly disbursement to States of State income tax withheld
from retired or retainer pay.
Sec. 652. Revision to eligibility for nonregular service retirement
after establishing eligibility for regular retirement.
Sec. 653. Denial of military funeral honors in certain cases.
Sec. 654. Child support for certain minor children of retirement-
eligible members convicted of domestic violence resulting
in death of child's other parent.
Sec. 655. Concurrent receipt of veterans disability compensation and
military retired pay.
Sec. 656. Military Survivor Benefit Plan beneficiaries under insurable
interest coverage.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
Sec. 661. Increase in authorized level of supplies and services
procurement from overseas exchange stores.
Sec. 662. Requirements for private operation of commissary store
functions.
Sec. 663. Provision of information technology services for
accommodations provided by nonappropriated fund
instrumentalities for wounded members of the Armed Forces
and their families.
Sec. 664. Provision of and payment for overseas transportation services
for commissary and exchange supplies.
Sec. 665. Compensatory time off for certain nonappropriated fund
employees.
Subtitle F--Other Matters
Sec. 671. Inclusion of Senior Enlisted Advisor for the Chairman of the
Joint Chiefs of Staff among senior enlisted members of
the Armed Forces.
Sec. 672. Special and incentive pays considered for saved pay upon
appointment of members as officers.
Sec. 673. Repayment of unearned portion of bonuses, special pays, and
educational benefits.
Sec. 674. Leave accrual for members assigned to deployable ships or
mobile units or to other designated duty.
Sec. 675. Army recruiting pilot program to encourage members of the
Army to refer other persons for enlistment.
Sec. 676. Special compensation for reserve component members who are
also tobacco farmers adversely affected by terms of
tobacco quota buyout.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Tricare Program Improvements
Sec. 701. Services of mental health counselors.
Sec. 702. Additional information required by surveys on TRICARE
standard.
Sec. 703. Enhancement of TRICARE coverage for members who commit to
continued service in the selected reserve.
Sec. 704. Study and plan relating to chiropractic health care services.
Sec. 705. Surviving-dependent eligibility under TRICARE dental plan for
surviving spouses who were on active duty at time of
death of military spouse.
Sec. 706. Exceptional eligibility for TRICARE prime remote.
Subtitle B--Other Matters
Sec. 711. Authority to relocate patient safety center; renaming
MedTeams Program.
Sec. 712. Modification of health care quality information and
technology enhancement reporting requirement.
Sec. 713. Correction to eligibility of certain Reserve officers for
military health care pending active duty following
commissioning.
[[Page H3929]]
Sec. 714. Prohibition on conversions of military medical positions to
civilian medical positions until submission of
certification.
Sec. 715. Clarification of inclusion of dental care in medical
readiness tracking and health surveillance program.
Sec. 716. Cooperative outreach to members and former members of the
naval service exposed to environmental factors related to
sarcoidosis.
Sec. 717. Early identification and treatment of mental health and
substance abuse disorders.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
Sec. 801. Requirement for certification by Secretary of Defense before
major defense acquisition program may proceed to
Milestone B.
Sec. 802. Requirement for analysis of alternatives to major defense
acquisition programs.
Sec. 803. Authority for Secretary of Defense to revise baseline for
major defense acquisition programs.
Subtitle B--Acquisition Policy and Management
Sec. 811. Applicability of statutory executive compensation cap made
prospective.
Sec. 812. Use of commercially available online services for Federal
procurement of commercial items.
Sec. 813. Contingency contracting corps.
Sec. 814. Requirement for contracting operations to be included in
interagency planning related to stabilization and
reconstruction.
Sec. 815. Statement of policy and report relating to contracting with
employers of persons with disabilities.
Sec. 816. Study on Department of Defense contracting with small
business concerns owned and controlled by service-
disabled veterans.
Sec. 817. Prohibition on procurement from beneficiaries of foreign
subsidies.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Increased flexibility for designation of critical acquisition
positions in defense acquisition workforce.
Sec. 822. Participation by Department of Defense in acquisition
workforce training fund.
Sec. 823. Increase in cost accounting standard threshold.
Sec. 824. Amendments to domestic source requirements relating to
clothing materials and components covered.
Sec. 825. Rapid acquisition authority to respond to defense
intelligence community emergencies.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Restoration of parity in pay levels among Under Secretary
positions.
Sec. 902. Eligibility criteria for Director of Department of Defense
Test Resource Management Center.
Sec. 903. Consolidation and standardization of authorities relating to
Department of Defense Regional Centers for Security
Studies.
Sec. 904. Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.
Subtitle B--Space Activities
Sec. 911. Space Situational Awareness Strategy.
Sec. 912. Military satellite communications.
Sec. 913. Operationally responsive space.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Transfer to Secretary of the Army of responsibility for
assembled chemical weapons alternatives program.
Sec. 922. Clarification of Cooperative Agreement Authority under
Chemical Demilitarization Program.
Subtitle D--Intelligence-Related Matters
Sec. 931. Department of Defense Strategy for Open-Source intelligence.
Sec. 932. Comprehensive inventory of Department of Defense intelligence
and intelligence-related programs and projects.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial matters
Sec. 1001. Transfer authority.
Sec. 1002. Authorization of supplemental appropriations for fiscal year
2005.
Sec. 1003. Increase in fiscal year 2005 general transfer authority.
Sec. 1004. Reports on feasibility and desirability of capital budgeting
for major defense acquisition programs.
Subtitle B--Naval Vessels and Shipyards
Sec. 1011. Conveyance, Navy drydock, Seattle, Washington.
Sec. 1012. Conveyance, Navy drydock, Jacksonville, Florida.
Sec. 1013. Conveyance, Navy drydock, Port Arthur, Texas.
Sec. 1014. Transfer of U.S.S. IOWA.
Sec. 1015. Transfer of ex-U.S.S. Forrest Sherman.
Sec. 1016. Limitation on leasing of foreign-built vessels.
Subtitle C--Counter-Drug Activities
Sec. 1021. Extension of Department of Defense authority to support
counter-drug activities.
Sec. 1022. Resumption of reporting requirement regarding Department of
Defense expenditures to support foreign counter-drug
activities.
Sec. 1023. Clarification of authority for joint task forces to support
law enforcement agencies conducting counter-terrorism
activities.
Subtitle D--Matters Related to Homeland Security
Sec. 1031. Responsibilities of Assistant Secretary of Defense for
Homeland Defense relating to nuclear, chemical, and
biological emergency response.
Sec. 1032. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, biological, and high-yield
explosives weapons.
Sec. 1033. Department of Defense chemical, biological, radiological,
nuclear, and high-yield explosives response teams.
Sec. 1034. Repeal of Department of Defense emergency response
assistance program.
Subtitle E--Other Matters
Sec. 1041. Commission on the Long-Term Implementation of the New
Strategic Posture of the United States.
Sec. 1042. Reestablishment of EMP Commission.
Sec. 1043. Modernization of authority relating to security of defense
property and facilities.
Sec. 1044. Revision of Department of Defense counterintelligence
polygraph program.
Sec. 1045. Repeal of requirement for report to Congress regarding
global strike capability.
Sec. 1046. Technical and clerical amendments.
Sec. 1047. Deletion of obsolete definitions in titles 10 and 32, United
States Code.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Sec. 1101. Extension of eligibility to continue Federal employee health
benefits.
Sec. 1102. Extension of Department of Defense voluntary reduction in
force authority.
Sec. 1103. Extension of authority to make lump sum severence payments.
Sec. 1104. Authority for heads of agencies to allow shorter length of
required service by Federal employees after completion of
training.
Sec. 1105. Authority to waive annual limitation on total compensation
paid to Federal civilian employees.
Sec. 1106. Transportation of family members incident to repatriation of
Federal employees held captive.
Sec. 1107. Permanent extension of Science, Mathematics, and Research
for Transformation (SMART) Defense Scholarship Program.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
Sec. 1201. Extension of humanitarian and civic assistance provided to
host nations in conjunction with military operations.
Sec. 1202. Commanders' Emergency Response Program.
Sec. 1203. Military educational exchanges between senior officers and
officials of the United States and Taiwan.
Sec. 1204. Modification of geographic restriction under bilateral and
regional cooperation programs for payment of certain
expenses of defense personnel of developing countries.
Sec. 1205. Authority for Department of Defense to enter into
acquisition and cross-servicing agreements with regional
organizations of which the United States is not a member.
Sec. 1206. Two-year extension of authority for payment of certain
administrative services and support for coalition liaison
officers.
Subtitle B--Nonproliferation Matters and Countries of Concern
Sec. 1211. Report on acquisition by Iran of nuclear weapons.
Sec. 1212. Procurement sanctions against foreign persons that transfer
certain defense articles and services to the People's
Republic of China.
Sec. 1213. Prohibition on procurements from Communist Chinese military
companies.
Subtitle C--Other Matters
Sec. 1221. Purchase of weapons overseas for force protection purposes.
Sec. 1222. Requirement for establishment of certain criteria applicable
to on-going Global Posture Review.
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. Authority to obligate weapons of mass destruction
proliferation prevention funds for nuclear weapons
storage security.
Sec. 1304. Extension of limited waiver of restrictions on use of funds
for threat reduction in states of the former Soviet
Union.
Sec. 1305. Report on elimination of impediments to nuclear threat-
reduction and nonproliferation programs in the Russian
Federation.
[[Page H3930]]
TITLE XIV--CONTRACT DISPUTE ENHANCEMENT
Subtitle A--General provisions
Sec. 1411. Definitions.
Subtitle B--Establishment of civilian and defense Boards of contract
appeals
Sec. 1421. Establishment.
Sec. 1422. Membership.
Sec. 1423. Chairmen.
Sec. 1424. Rulemaking authority.
Sec. 1425. Authorization of appropriations.
Subtitle C--Functions of defense and civilian Boards of contract
appeals
Sec. 1431. Contract disputes.
Sec. 1432. Enhanced access for small business.
Sec. 1433. Applicability to certain contracts.
Subtitle D--Transfers and transition, savings, and conforming
provisions
Sec. 1441. Transfer and allocation of appropriations and personnel.
Sec. 1442. Terminations and savings provisions.
Sec. 1443. Contract disputes authority of Boards.
Sec. 1444. References to agency Boards of contract appeals.
Sec. 1445. Conforming amendments.
Subtitle E--Effective Date; Regulations and Appointment of Chairmen
Sec. 1451. Effective date.
Sec. 1452. Regulations.
Sec. 1453. Appointment of Chairmen of Defense Board and Civilian Board.
TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
Subtitle A--General Increases
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Defense-wide activities procurement.
Sec. 1505. Research, development, test, and evaluation, defense-wide
activities.
Sec. 1506. Operation and maintenance.
Sec. 1507. Defense working capital funds.
Sec. 1508. Defense Health Program.
Sec. 1509. Military personnel.
Sec. 1510. Iraq Freedom Fund.
Sec. 1511. Classified programs.
Sec. 1512. Treatment as additional authorizations.
Sec. 1513. Transfer authority.
Sec. 1514. Availability of funds.
Subtitle B--Personnel Provisions
Sec. 1521. Increase in active Army and Marine Corps strength levels.
Sec. 1522. Additional authority for increases of Army and Marine Corps
active duty end strengths for fiscal years 2007 through
2009.
Sec. 1523. Military death gratuity enhancement.
Sec. 1524. Permanent prohibition against requiring certain injured
members to pay for meals provided by military treatment
facilities.
Sec. 1525. Permanent authority to provide travel and transportation
allowances for dependents to visit hospitalized members
injured in combat operation or combat zone.
Sec. 1526. Permanent increase in length of time dependents of certain
deceased members may continue to occupy military family
housing or receive basic allowance for housing.
Sec. 1527. Availability of special pay for members during
rehabilitation from combat-related injuries.
Sec. 1528. Allowance to cover monthly deduction from basic pay for
Servicemembers' Group Life Insurance coverage for members
serving in Operation Enduring Freedom or Operation Iraqi
Freedom.
Subtitle C--Matters Involving Support Provided by Foreign Nations
Sec. 1531. Reimbursement of certain coalition nations for support
provided to United States military operations.
TITLE XVI--CONTRACTORS ON THE BATTLEFIELD
Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Definitions.
Sec. 1604. Requirements for commanders of combatant commands relating
to contractors accompanying and not accompanying the
force.
Sec. 1605. Requirements for contractors relating to possession of
weapons.
Sec. 1606. Battlefield accountability.
Division B--Military Construction Authorizations
Sec. 2001. Short title.
TITLE I--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year
2004 project.
TITLE II--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year
2004 project.
Sec. 2206. Modifications of authority to carry out certain fiscal year
2005 projects.
TITLE III--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 IV--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 V--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE VI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land
acquisition projects.
TITLE VII--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 VIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
Sec. 2801. Modification of congressional notification requirements for
certain military construction activities.
Sec. 2802. Improve availability and timeliness of Department of Defense
information regarding military construction and family
housing accounts and activities.
Sec. 2803. Expansion of authority to convey property at military
installations to support military construction.
Sec. 2804. Effect of failure to submit required report on need for
general and flag officers quarters in National Capital
Region.
Sec. 2805. One-year extension of temporary, limited authority to use
operation and maintenance funds for construction projects
outside the United States.
Sec. 2806. Clarification of moratorium on certain improvements at Fort
Buchanan, Puerto Rico.
Subtitle B--Real Property and Facilities Administration
Sec. 2811. Consolidation of Department of Defense land acquisition
authorities and limitations on use of such authorities.
Sec. 2812. Report on use of utility system conveyance authority and
temporary suspension of authority pending report.
Sec. 2813. Authorized military uses of Papago Park Military
Reservation, Phoenix, Arizona.
Subtitle C--Base Closure and Realignment
Sec. 2821. Additional reporting requirements regarding base closure
process and use of Department of Defense base closure
accounts.
Sec. 2822. Termination of project authorizations for military
installations approved for closure in 2005 round of base
realignments and closures.
Sec. 2823. Expanded availability of adjustment and diversification
assistance for communities adversely affected by mission
realignments in base closure process.
Sec. 2824. Sense of Congress regarding consideration of national
defense industrial base interests during Base Closure and
Realignment Commission review of Department of Defense
base closure and realignment recommendations.
Subtitle D--Land Conveyances
Part 1--Army Conveyances
Sec. 2831. Modification of land conveyance, Engineer Proving Ground,
Fort Belvoir, Virginia.
Sec. 2832. Land conveyance, Army Reserve Center, Bothell, Washington.
Part 2--Navy Conveyances
Sec. 2841. Land conveyance, Marine Corps Air Station, Miramar, San
Diego, California.
Part 3--Air Force Conveyances
Sec. 2851. Purchase of build-to-lease family housing, Eielson Air Force
Base, Alaska.
Sec. 2852. Land conveyance, Air Force property, Jacksonville, Arkansas.
Subtitle E--Other Matters
Sec. 2861. Lease authority, Army Heritage and Education Center,
Carlisle, Pennsylvania.
Sec. 2862. Redesignation of McEntire Air National Guard Station, South
Carolina, as McEntire Joint National Guard Base.
[[Page H3931]]
Sec. 2863. Assessment of water needs for Presidio of Monterey and Ord
Military Community.
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--Program Authorizations, Restrictions, and Limitations
Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Report on assistance for a comprehensive inventory of
Russian nonstrategic nuclear weapons.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revision of fiscal year 1999 authority to dispose of certain
materials in the National Defense Stockpile.
Sec. 3303. Revision of fiscal year 2000 authority to dispose of certain
materials in the National Defense Stockpile.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2006.
Sec. 3502. Payments for State and regional maritime academies.
Sec. 3503. Maintenance and repair reimbursement pilot program.
Sec. 3504. Tank vessel construction assistance.
Sec. 3505. Improvements to the Maritime Administration vessel disposal
program.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section
101(a)(16) of title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for UH-60/MH-60 helicopters.
Sec. 112. Multiyear procurement authority for Apache Modernized Target
Acquisition Designation Sight/Pilot Night Vision Sensor.
Sec. 113. Multiyear procurement authority for Apache Block II
conversion.
Sec. 114. Acquisition strategy for tactical wheeled vehicle programs.
Sec. 115. Limitation on Army Modular Force Initiative.
Sec. 116. Contract requirement for Objective Individual Combat Weapon -
Increment 1.
Subtitle C--Navy Programs
Sec. 121. Virginia-class submarine program.
Sec. 122. LHA Replacement amphibious assault ship program.
Sec. 123. Future major surface combatant, destroyer type.
Sec. 124. Littoral Combat Ship (LCS) program.
Sec. 125. Authorization of two additional Arleigh Burke class
destroyers.
Sec. 126. Refueling and complex overhaul of the U.S.S. Carl Vinson.
Sec. 127. Report on propulsion system alternatives for surface
combatants.
Sec. 128. Aircraft carrier force structure.
Sec. 129. Contingent transfer of additional funds for CVN-21 Carrier
Replacement Program.
Subtitle D--Air Force Programs
Sec. 131. Multiyear procurement authority for C-17 aircraft.
Subtitle E--Joint and Multiservice Matters
Sec. 141. Requirement that all tactical unmanned aerial vehicles use
specified standard data link.
Sec. 142. Limitation on initiation of new unmanned aerial vehicle
systems.
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, $2,861,380,000.
(2) For missiles, $1,242,919,000.
(3) For weapons and tracked combat vehicles,
$1,601,978,000.
(4) For ammunition, $1,750,772,000.
(5) For other procurement, $4,043,289,000.
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, $10,042,526,000.
(2) For weapons, including missiles and torpedoes,
$2,775,041,000.
(3) For ammunition, $869,770,000.
(4) For shipbuilding and conversion, $10,779,773,000.
(5) For other procurement, $5,634,318,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2006 for procurement for the
Marine Corps in the amount of $1,407,605,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fiscal
year 2006 for procurement for the Air Force as follows:
(1) For aircraft, $12,793,756,000.
(2) For ammunition, $1,031,207,000.
(3) For missiles, $5,490,287,000.
(4) For other procurement, $14,068,789,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 2006 for Defense-wide procurement in the amount of
$2,715,446,000.
Subtitle B--Army Programs
SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR UH-60/MH-60
HELICOPTERS.
The Secretary of the Army may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear
contract, beginning with the fiscal year 2007 program year,
for procurement of up to 461 helicopters in the UH-60M
configuration and, acting as executive agent for the
Department of the Navy, in the MH-60S configuration.
SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR APACHE
MODERNIZED TARGET ACQUISITION DESIGNATION
SIGHT/PILOT NIGHT VISION SENSOR.
The Secretary of the Army may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear
contract, beginning with the fiscal year 2006 program year
and for four program years, for procurement of 612 Apache
Modernized Target Acquisition Designation Sights/Pilot Night
Vision Sensors.
SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR APACHE BLOCK II
CONVERSION.
The Secretary of the Army may, in accordance with section
2306b of title 10, United States Code, enter into a multiyear
contract, beginning with the fiscal year 2006 program year
and for four program years, for procurement of conversion of
96 Apache helicopters to the Block II configuration.
SEC. 114. ACQUISITION STRATEGY FOR TACTICAL WHEELED VEHICLE
PROGRAMS.
(a) Army.--If, in carrying out a program for modernization
and recapitalization of the fleet of tactical wheeled
vehicles of the Army, the Secretary of the Army determines to
award a contract for procurement of a new vehicle class for
the next-generation tactical wheeled vehicle (other than a
contract for modifications, upgrades, or product improvements
to the existing fleet of vehicles), the Secretary shall award
and execute the acquisition program under that contract as a
joint service program with the Marine Corps.
(b) Marine Corps.--If, in carrying out a program for
modernization and recapitalization of the fleet of tactical
wheeled vehicles of the Marine Corps, the Secretary of the
Navy determines to award a contract for procurement of a new
vehicle class for the next-generation tactical wheeled
vehicle (other than a contract for modifications, upgrades,
or product improvements to the existing fleet of vehicles),
the Secretary shall award and execute the acquisition program
under that contract as a joint service program with the Army.
SEC. 115. LIMITATION ON ARMY MODULAR FORCE INITIATIVE.
(a) Limitation.--From funds available to the Army for
fiscal year 2006, not more than $3,000,000,000 may be
obligated or expended for acquisition programs for the Army
Modular Force Initiative until the Secretary of the Army
submits to the congressional defense committees a report
described in subsection (b).
(b) Report.--A report under subsection (a) shall set forth
the following:
(1) An outline of the full scope of acquisition programs
that are considered part of the Modular Force Initiative and
the acquisition objectives for each such program.
(2) An outline of the funding levels provided in the fiscal
year 2007 Future Years Defense Program for each program
specified under paragraph (1) and, for each such program, the
adequacy of that funding for achieving the acquisition
objectives referred to in paragraph (1).
(3) A detailed accounting of the use of funds provided for
the Modular Force Initiative in title I of division A of the
Emergency Supplemental Appropriations Act for Defense, the
Global War on Terrorism, and Tsunami Relief Act, 2005.
SEC. 116. CONTRACT REQUIREMENT FOR OBJECTIVE INDIVIDUAL
COMBAT WEAPON - INCREMENT 1.
In awarding a contract for procurement of the Objective
Individual Combat Weapon - Increment 1, the Secretary of the
Army shall ensure that the contractor is selected through a
full and open competition process that allows potential
offerors adequate time to prepare and submit qualifying
proposals.
Subtitle C--Navy Programs
SEC. 121. VIRGINIA-CLASS SUBMARINE PROGRAM.
(a) Limitation of Costs.--Except as provided in subsection
(b), the total amount obligated or expended for procurement
of the five Virginia-class submarines designated as SSN-779,
SSN-780, SSN-781, SSN-782, and SSN-783 may not exceed the
following amounts (such amounts being the estimated total
procurement end cost of those vessels in the fiscal year 2006
budget):
(1) For the SSN-779 submarine, $2,143,700,000.
(2) For the SSN-780 submarine, $2,238,800,000.
(3) For the SSN-781 submarine, $2,402,000,000.
(4) For the SSN-782 submarine, $2,581,300,000.
(5) For the SSN-783 submarine, $2,690,000,000.
(b) Adjustment of Limitation Amounts.--The Secretary of the
Navy may adjust the amount set forth in subsection (a) for
any Virginia-class submarine specified in that subsection by
the following:
[[Page H3932]]
(1) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 2005.
(2) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 2005.
(c) Notice to Congress of Program Changes.--The Secretary
of the Navy shall annually submit to Congress, at the same
time as the budget is submitted under section 1105(a) of
title 31, United States Code, written notice of any change in
any of the amounts set forth in subsection (a) during the
preceding fiscal year that the Secretary has determined to be
associated with a cost referred to in subsection (b).
SEC. 122. LHA REPLACEMENT AMPHIBIOUS ASSAULT SHIP PROGRAM.
(a) Limitation of Costs.--Except as provided in subsection
(b), the total amount obligated or expended for procurement
of each ship of the LHA Replacement (LHA(R)) amphibious
assault ship program may not exceed $2,000,000,000.
(b) Adjustment of Limitation Amount.--The Secretary of the
Navy may adjust the amount set forth in subsection (a) for
the program referred to in that subsection by the following:
(1) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 2005.
(2) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 2005.
(c) Written Notice of Change in Amount.--The Secretary of
the Navy shall annually submit to Congress, at the same time
as the budget is submitted under section 1105(a) of title 31,
United States Code, written notice of any change in the
amount set forth in subsection (a) during the preceding
fiscal year that the Secretary has determined to be
associated with a cost referred to in subsection (b).
(d) Limitation on Procurement Funds.--Funds available to
the Navy for Shipbuilding and Conversion, Navy, may be
obligated or expended for procurement for the LHA Replacement
ship program only after the Secretary of Defense certifies in
writing to the congressional defense committees that--
(1) the Joint Requirements Oversight Council has approved a
detailed Operational Requirements Document for the program;
and
(2) there exists a stable design for the LHA(R) class of
vessels.
(e) Stable Design.--For purposes of this section, the
design of a class of vessels shall be considered to be stable
when no substantial change to the design is anticipated.
SEC. 123. FUTURE MAJOR SURFACE COMBATANT, DESTROYER TYPE.
(a) Limitation of Costs.--Except as provided in subsection
(b), the total amount obligated or expended for procurement
of each ship for the future major surface combatant,
destroyer type, may not exceed $1,700,000,000 (such amount
being the estimated total procurement end cost of that ship
in the fiscal year 2006 budget).
(b) Adjustment of Limitation Amount.--The Secretary of the
Navy may adjust the amount set forth in subsection (a) for
the ship type referred to in that subsection by the
following:
(1) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 2005.
(2) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 2005.
(c) Written Notice of Change in Amount.--The Secretary of
the Navy shall annually submit to Congress, at the same time
as the budget is submitted under section 1105(a) of title 31,
United States Code, written notice of any change in the
amount set forth in subsection (a) during the preceding
fiscal year that the Secretary has determined to be
associated with a cost referred to in subsection (b).
(d) Authorization of Appropriations.--Of the amount
provided in section 201(2) for Research and Development,
Navy, for fiscal year 2006, $700,000,000 is available for
technology development and demonstration for the ship
referred to in subsection (a).
(e) Acquisition Plan.--In developing the acquisition plan
for the future major surface combatant, destroyer type, the
Secretary shall ensure that the resulting acquisition
program--
(1) uses technologies from the DD(X) and CG(X) programs, as
well as any other technology the Secretary considers
appropriate;
(2) has an overall capability not less than that of the
Flight IIA version of the Arleigh Burke (DDG-51) class
destroyer; and
(3) would be ready for lead-ship procurement not later than
fiscal year 2011.
SEC. 124. LITTORAL COMBAT SHIP (LCS) PROGRAM.
(a) Limitation of Costs.--Except as provided in subsection
(b), the total amount obligated or expended for procurement
of each ship for the Littoral Combat Ship (LCS) program,
including amounts for mission modules, may not exceed
$400,000,000 (such amount being the estimated total
procurement end cost of that ship in the fiscal year 2006
budget).
(b) Adjustment of Limitation Amount.--The Secretary of the
Navy may adjust the amount set forth in subsection (a) for
the ships referred to in that subsection by the following:
(1) The amounts of increases or decreases in costs
attributable to economic inflation after September 30, 2005.
(2) The amounts of increases or decreases in costs
attributable to compliance with changes in Federal, State, or
local laws enacted after September 30, 2005.
(c) Written Notice of Change in Amount.--The Secretary of
the Navy shall annually submit to Congress, at the same time
as the budget is submitted under section 1105(a) of title 31,
United States Code, written notice of any change in the
amount set forth in subsection (a) during the preceding
fiscal year that the Secretary has determined to be
associated with a cost referred to in subsection (b).
(d) Limitation on Ships and Mission Modules.--No funds
available to the Navy may be used for the acquisition of
Littoral Combat Ships, or Littoral Combat Ship mission
modules until the Secretary of Defense submits to the
congressional defense committees--
(1) the results of an operational evaluation of the first
four Littoral Combat Ships conducted by the Director of
Operational Test and Evaluation Force of the Department of
Defense; and
(2) the Secretary's certification in writing that there
exists a stable design for the Littoral Combat Ship class of
vessels.
(e) Stable Design.--For purposes of this section, the
design of a class of vessels shall be considered to be stable
when no substantial change to the design is anticipated.
SEC. 125. AUTHORIZATION OF TWO ADDITIONAL ARLEIGH BURKE CLASS
DESTROYERS.
Of the amount provided in section 102(a)(4) for
Shipbuilding and Conversion, Navy, for fiscal year 2006, the
amount of $2,500,000,000 is available for construction of two
additional Arleigh Burke class destroyers, to be constructed
under a single contract which shall be competitively awarded.
SEC. 126. 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)(4), for
fiscal year 2006, $1,493,563,000 is available for the
commencement of the nuclear refueling and complex overhaul of
the U.S.S. Carl Vinson (CVN-70). The amount made available in
the preceding sentence is the first increment in the
incremental funding planned for the nuclear refueling and
complex overhaul of that vessel.
(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
that later fiscal year.
SEC. 127. REPORT ON PROPULSION SYSTEM ALTERNATIVES FOR
SURFACE COMBATANTS.
(a) Report Required.--The Secretary of the Navy shall
submit to the congressional defense committees a report on
the results of the study directed by the Chief of Naval
Operations and in progress in mid-2005 on alternative
propulsion methods for surface combatant vessels of the Navy.
The report shall be submitted not later than the date of the
President's submission of the budget of the United States
Government for fiscal year 2007.
(b) Matters to Be Included.--The report of the Secretary of
the Navy under subsection (a) shall include the following:
(1) The objectives and scope of the study referred to in
subsection (a) and the timeframes for analysis under the
study and the key assumptions used in carrying out the study.
(2) The methodology and analysis techniques used to conduct
the study.
(3) A description of current and future technology relating
to propulsion that has been incorporated in recently-designed
surface combatants or is expected to be available within the
next 10-to-20 years.
(4) The propulsion alternatives for surface combatants
considered under the study and the analysis and evaluation
under the study of each of those alternatives from an
operational and cost-effectiveness standpoint.
(5) The conclusions and recommendations of the study,
including those conclusions and recommendations that could
impact the design of future ships or lead to modifications of
existing ships.
(6) The Secretary's intended actions and timeframes for
implementation, if any, of the findings and conclusions of
the study.
SEC. 128. AIRCRAFT CARRIER FORCE STRUCTURE.
(a) Requirement for 12 Operational Aircraft Carriers Within
the Navy.--Section 5062 of title 10, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) The naval combat forces of the Navy shall include not
less than 12 operational aircraft carriers. For purposes of
this subsection, an operational aircraft carrier includes an
aircraft carrier that is temporarily unavailable for
worldwide deployment due to routine or scheduled maintenance
or repair.''.
(b) U.S.S. John F. Kennedy.--
(1) Fully mission capable status.--The Secretary of Defense
shall take all necessary actions to ensure that the U.S.S.
John F. Kennedy (CVN-67) is maintained in a fully mission
capable status.
(2) Maintenance.--From the amounts provided under section
301 for operation and maintenance of the Navy for fiscal year
2006, $60,000,000 is authorized for the operation and routine
maintenance of the U.S.S. John F. Kennedy.
SEC. 129. CONTINGENT TRANSFER OF ADDITIONAL FUNDS FOR CVN-21
CARRIER REPLACEMENT PROGRAM.
If the Director of Program Analysis and Evaluation of the
Office of the Secretary of Defense
[[Page H3933]]
certifies to Congress that an additional amount of
$86,700,000 for fiscal year 2006 for advance procurement for
the CVN-21 Carrier Replacement Program would allow
construction of the CVN-21 vessel to begin in fiscal year
2007, then upon such certification the amount of $86,700,000
shall be transferred from amounts available for fiscal year
2006 for Defense-wide Operation and Maintenance, to be
derived from amounts for Defense-wide Advisory and Assistance
Services, to amounts available for fiscal year 2006 for
Shipbuilding and Conversion, Navy, to be available for
advance procurement for the CVN-21 Carrier Replacement
Program.
Subtitle D--Air Force Programs
SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR C-17 AIRCRAFT.
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 procurement of up to 42 additional C-17
aircraft.
Subtitle E--Joint and Multiservice Matters
SEC. 141. REQUIREMENT THAT ALL TACTICAL UNMANNED AERIAL
VEHICLES USE SPECIFIED STANDARD DATA LINK.
(a) Requirement.--The Secretary of Defense shall take such
steps as necessary to ensure that all tactical unmanned
aerial vehicles (UAVs) of the Army, Navy, Marine Corps, and
Air Force are equipped and configured so that--
(1) the data link used by those vehicles is the Department
of Defense standard tactical unmanned aerial vehicle data
link known as the Tactical Common Data Link (TCDL), until
such time as the Tactical Common Data Link standard is
replaced by an updated standard for use by those vehicles;
and
(2) those vehicles use data formats consistent with the
architectural standard for tactical unmanned aerial vehicles
known as STANAG 4586, developed to facilitate multinational
interoperability among NATO member nations.
(b) Funding Limitation.--After December 1, 2006, no funds
available to the Department of Defense may be used to equip a
tactical unmanned aerial vehicle with data links other than
as required by subsection (a)(1).
(c) Report.--Not later than February 1, 2006, the Secretary
of each military department shall submit to Congress a report
on the status of compliance by all tactical unmanned aerial
vehicles under the jurisdiction of the Secretary with
subsection (a).
SEC. 142. LIMITATION ON INITIATION OF NEW UNMANNED AERIAL
VEHICLE SYSTEMS.
(a) Limitation.--Funds available to the Department of
Defense may not be used to procure an unmanned aerial vehicle
(UAV) system, including any air vehicle, data link, ground
station, sensor, or other associated equipment for any such
system, or to modify any such system to include any form of
armament, unless such procurement or modification is
authorized in writing in advance by the Under Secretary of
Defense for Acquisition, Technology, and Logistics.
(b) Exception for Existing Systems.--The limitation in
subsection (a) does not apply with respect to an unmanned
aerial vehicle (UAV) system for which funds have been
appropriated for procurement before the date of the enactment
of this Act.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B--Program Requirements, Restrictions, and Limitations
Sec. 211. Annual Comptroller General report on Future Combat Systems
program.
Sec. 212. Objective requirements for non-line-of-sight cannon system
not to be diminished to meet weight requirements.
Sec. 213. Independent analysis of Future Combat Systems manned ground
vehicle transportability requirement.
Sec. 214. Amounts for Armored Systems Modernization program.
Sec. 215. Limitation on systems development and demonstration of manned
ground vehicles under Armored Systems Modernization
program.
Sec. 216. Testing of Internet Protocol version 6 by Naval Research
Laboratory.
Sec. 217. Program to design and develop next-generation nuclear
submarine.
Sec. 218. Extension of requirements relating to management
responsibility for naval mine countermeasures programs.
Sec. 219. Single joint requirement for heavy lift rotorcraft.
Sec. 220. Requirements for development of tactical radio communications
systems.
Sec. 221. Limitation on systems development and demonstration of
Personnel Recovery Vehicle.
Sec. 222. Separate program element required for each significant
research, development, test, and evaluation project.
Sec. 223. Small Business Innovation Research Phase III Acceleration
Pilot Program.
Sec. 224. Revised requirements relating to submission of Joint
Warfighting Science and Technology Plan.
Sec. 225. Shipbuilding Industrial Base Improvement Program for
development of innovative shipbuilding technologies,
processes, and facilities.
Sec. 226. Renewal of University National Oceanographic Laboratory
System fleet.
Sec. 227. Limitation on VXX helicopter program.
Subtitle C--Missile Defense Programs
Sec. 231. Report on capabilities and costs for operational boost/
ascent-phase missile defense systems.
Sec. 232. Required flight-intercept test of ballistic missile defense
groundbased midcourse system.
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, $9,777,372,000.
(2) For the Navy, $18,022,140,000.
(3) For the Air Force, $22,408,212,000.
(4) For Defense-wide activities, $19,261,263,000, of which
$168,458,000 is authorized for the Director of Operational
Test and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.
(a) Fiscal Year 2006.--Of the amounts authorized to be
appropriated by section 201, $11,418,146,000 shall be
available for the Defense Science and Technology Program,
including basic research, applied research, and advanced
technology development projects.
(b) Basic Research, Applied Research, and Advanced
Technology Development Defined.--For purposes of this
section, the term ``basic research, applied research, and
advanced technology development'' means work funded in
program elements for defense research and development under
Department of Defense category 6.1, 6.2, or 6.3.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. ANNUAL COMPTROLLER GENERAL REPORT ON FUTURE COMBAT
SYSTEMS PROGRAM.
(a) Annual GAO Review.--The Comptroller General shall
conduct an annual review of the Future Combat Systems program
and shall, not later than March 15 of each year, submit to
Congress a report on the results of the most recent review.
With each such report, the Comptroller General shall submit a
certification as to whether the Comptroller General has had
access to sufficient information to enable the Comptroller
General to make informed judgments on the matters covered by
the report.
(b) Matters to Be Included.--Each report on the Future
Combat Systems program under subsection (a) shall include the
following with respect to research and development under the
program:
(1) The extent to which systems development and
demonstration under the program is meeting established goals,
including the goals established for performance, key
performance parameters, technology readiness levels, cost,
and schedule.
(2) The budget for the current fiscal year, and the
projected budget for the next fiscal year, for all Department
of Defense programs directly supporting the Future Combat
Systems program and an evaluation of the contribution each
such program makes to meeting the goals established for
performance, key performance parameters, and technology
readiness levels of the Future Combat Systems program.
(3) The plan for such systems development and demonstration
(leading to production) for the fiscal year that begins in
the year in which the report is submitted.
(4) The Comptroller General's conclusion regarding whether
such systems development and demonstration (leading to
production) is likely to be completed at a total cost not in
excess of the amount specified (or to be specified) for such
purpose in the Selected Acquisition report for the Future
Combat Systems program under section 2432 of title 10, United
States Code, for the first quarter of the fiscal year during
which the report of the Comptroller General is submitted.
(c) Termination.--No report is required under this section
after systems development and demonstration under the Future
Combat Systems program is completed.
SEC. 212. OBJECTIVE REQUIREMENTS FOR NON-LINE-OF-SIGHT CANNON
SYSTEM NOT TO BE DIMINISHED TO MEET WEIGHT
REQUIREMENTS.
In carrying out the program required by section 216 of the
Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314; 116 Stat. 2482) to provide the Army
with a non-line-of-sight cannon capability, the Secretary of
Defense shall ensure that the objective requirements set
forth in Appendix C of the Operational Requirements Document
for the Future Combat Systems, dated April 14, 2003, are not
reduced or diminished in order to achieve the weight
requirements in existence as of April 14, 2003.
SEC. 213. INDEPENDENT ANALYSIS OF FUTURE COMBAT SYSTEMS
MANNED GROUND VEHICLE TRANSPORTABILITY
REQUIREMENT.
(a) Analysis Required.--The Secretary of Defense shall
ensure that an independent analysis is carried out with
respect to the transportability requirement for the manned
ground vehicles under the Future Combat Systems program. The
purpose of the analysis shall be to determine whether--
(1) the requirement can be supported by the projected
extended planning period inter-theater and intra-theater
airlift force structure;
(2) the requirement is justified by any likely deployment
scenario envisioned by current operational plans;
(3) mature technologies have been demonstrated that allow
the requirement to be met
[[Page H3934]]
while demonstrating at least equal lethality and
survivability compared with the manned ground vehicles
intended to be replaced by such manned ground vehicles; and
(4) the projected unit procurement cost warrants the
investment required to deploy such manned ground vehicles.
(b) Report.--Not later than February 1, 2006, the Secretary
shall submit to the congressional defense committees a report
on the results of the analysis required by subsection (a).
SEC. 214. AMOUNTS FOR ARMORED SYSTEMS MODERNIZATION PROGRAM.
Of the amounts appropriated or otherwise made available
pursuant to the authorization of appropriations in section
201 for the Armored Systems Modernization program--
(1) $100,000,000 may be made available for manned ground
vehicles in advanced component development and prototypes;
(2) $2,322,197,000 may be made available for future combat
systems common operating environment in systems development
and demonstration;
(3) $47,203,000 may be made available for reconnaissance
platforms and sensors in advanced component development and
prototypes;
(4) $58,130,000 may be made available for reconnaissance
platforms and sensors in advanced technology development;
(5) $2,504,000 may be made available for unattended sensors
in advanced component development and prototypes; and
(6) $86,445,000 may be made available for robotic ground
systems in advanced component development and prototypes.
SEC. 215. LIMITATION ON SYSTEMS DEVELOPMENT AND DEMONSTRATION
OF MANNED GROUND VEHICLES UNDER ARMORED SYSTEMS
MODERNIZATION PROGRAM.
Of the amounts appropriated or otherwise made available
pursuant to the authorization of appropriations in section
201 for the Armored Systems Modernization program, no funds
may be obligated for systems development and demonstration of
manned ground vehicles until the objective requirements for
those vehicles with respect to lethality and survivability
have been met and demonstrated in a relevant environment to
be at least equal to the lethality and survivability for the
manned ground vehicles to be replaced by those vehicles.
SEC. 216. TESTING OF INTERNET PROTOCOL VERSION 6 BY NAVAL
RESEARCH LABORATORY.
(a) In General.--Section 331 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108--375; 118 Stat. 1850) is amended--
(1) by redesignating subsection (d) as subsection (e);
(2) by inserting after subsection (c) the following new
subsection:
``(d) Testing and Evaluation by Naval Research
Laboratory.--In each of fiscal years 2006 through 2008, the
Secretary of Defense shall carry out subsection (c) through
the Naval Research Laboratory.''; and
(3) in subsection (e) (as so redesignated) by adding at the
end the following new paragraph:
``(3) For each of fiscal years 2006 through 2008, the
Secretary of Defense shall, not later than the end of that
fiscal year, submit to the congressional defense committees a
report on the testing and evaluation carried out pursuant to
subsection (d).''.
(b) Funding.--Of the amount authorized to be appropriated
by section 201(2), $10,000,000 shall be available in program
element 63727D8Z only to carry out section 331 of the Ronald
W. Reagan National Defense Authorization Act for Fiscal Year
2005.
SEC. 217. PROGRAM TO DESIGN AND DEVELOP NEXT-GENERATION
NUCLEAR SUBMARINE.
(a) Program Required.--The Secretary of the Navy shall
carry out a program to design and develop a class of nuclear
submarines that will serve as a successor to the Virginia
class of nuclear submarines.
(b) Objective.--The objective of the program required by
subsection (a) is to develop, for procurement beginning with
fiscal year 2014, a nuclear submarine that meets or exceeds
the warfighting capability of a submarine of the Virginia
class at a cost dramatically lower than the cost of a
submarine of the Virginia class.
(c) Report.--
(1) In general.--The Secretary of the Navy shall include,
with the defense budget justification materials submitted in
support of the President's budget for fiscal year 2007
submitted to Congress under section 1105 of title 31, United
States Code, a report on the program required by subsection
(a).
(2) Contents.--The report shall include--
(A) an outline of the management approach to be used in
carrying out the program;
(B) the goals for the program; and
(C) a schedule for the program.
SEC. 218. EXTENSION OF REQUIREMENTS RELATING TO MANAGEMENT
RESPONSIBILITY FOR NAVAL MINE COUNTERMEASURES
PROGRAMS.
Section 216 of the National Defense Authorization Act for
Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat.
1317), as most recently amended by section 212 of the Bob
Stump National Defense Authorization Act for Fiscal Year 2003
(Public Law 107-314; 116 Stat. 2480), is amended--
(1) in subsection (a), by striking ``2008'' and inserting
``2011'';
(2) in subsection (b)(1) by inserting after ``Secretary of
Defense'' the following: ``, and the Secretary of Defense has
forwarded to the congressional defense committees,'';
(3) in subsection (b)(2) by inserting before the semicolon
at the end the following: ``and, in so certifying, shall
ensure that the budget meets the requirements of section 2437
of title 10, United States Code''; and
(4) by striking subsection (c) and inserting the following
new subsection (c):
``(c) Notification of Certain Proposed Changes.--
``(1) In general.--With respect to a fiscal year, the
Secretary may not carry out any change to the naval mine
countermeasures master plan or the budget resources for mine
countermeasures with respect to that fiscal year until after
the Under Secretary of Defense for Acquisition, Technology,
and Logistics submits to the congressional defense committees
a notification of the proposed change. Such notification
shall describe the nature of the proposed change and the
effect of the proposed change on the naval mine
countermeasures program or related programs with respect to
that fiscal year.
``(2) Exception.--Paragraph (1) does not apply to a change
if both--
``(A) the amount of the change is below the applicable
reprogramming threshold; and
``(B) the effect of the change does not affect the validity
of the decision to certify.''.
SEC. 219. SINGLE JOINT REQUIREMENT FOR HEAVY LIFT ROTORCRAFT.
(a) Joint Requirement.--The Secretary of the Army and the
Secretary of the Navy shall develop a single joint
requirement for a next-generation heavy lift rotorcraft for
the Army and the Marine Corps.
(b) Approval by JROC Required.--The Secretary of Defense
may not authorize a new program start for the next-generation
heavy lift rotocraft until the single joint requirement
required by subsection (a) has been approved by the Joint
Requirements Oversight Council.
SEC. 220. REQUIREMENTS FOR DEVELOPMENT OF TACTICAL RADIO
COMMUNICATIONS SYSTEMS.
(a) Interim Tactical Radio Communications.--The Secretary
of Defense shall--
(1) assess the immediate requirements of the military
departments for tactical radio communications systems; and
(2) ensure that the military departments rapidly acquire
tactical radio communications systems utilizing existing
technology or mature systems readily available in the
commercial marketplace.
(b) Joint Tactical Radio System.--
(1) Milestone b.--The Secretary of Defense shall apply
Department of Defense Instruction 5000.2 to the Joint
Tactical Radio System in a manner that does not permit the
Milestone B entrance requirements to be waived.
(2) Management of funds.--The head of the single joint
program office designated under section 213 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1416) shall manage and control all
research and development funds for the entire Joint Tactical
Radio System, including all waveform development.
(c) Report on Implementation Required.--Not later than
February 14, 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 implementation of this section.
SEC. 221. LIMITATION ON SYSTEMS DEVELOPMENT AND DEMONSTRATION
OF PERSONNEL RECOVERY VEHICLE.
None of the amounts made available pursuant to the
authorization of appropriations in section 201 for systems
development and demonstration of the Personnel Recovery
Vehicle may be obligated until 30 days after the Secretary of
Defense submits to the congressional defense committees each
of the following:
(1) The Secretary's certification that the requirements and
schedule for the Personnel Recovery Vehicle have been
validated by the Under Secretary of Defense for Acquisition,
Technology, and Logistics.
(2) The Secretary's certification that all technologies
required to meet the requirements (as validated under
paragraph (1)) for the Personnel Recovery Vehicle are mature
and demonstrated in a relevant environment.
(3) The Secretary's certification that no other aircraft,
and no other modification of an aircraft, in the inventory of
the Department of Defense can meet the requirements (as
validated under paragraph (1)) for the Personnel Recovery
Vehicle.
(4) A statement setting forth the independent cost estimate
and manpower estimate (as required by section 2434 of title
10, United States Code) for the Personnel Recovery Vehicle.
SEC. 222. SEPARATE PROGRAM ELEMENT REQUIRED FOR EACH
SIGNIFICANT RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION PROJECT.
(a) Program Elements Specified.--The Secretary of Defense
shall ensure that a project is assigned a separate, dedicated
program element if--
(1) the project is carried out or proposed to be carried
out using amounts for research, development, test, and
evaluation activities; and
(2) the estimated expenditures and proposed appropriations
for that project in the future-years defense program are
$100,000,000 or more.
(b) Display in Budget Justification Materials.--In the
budget justification materials submitted to Congress in
support of the Department of Defense budget for any fiscal
year (as submitted with the budget of the President under
section 1105(a) of title 31, United States Code), the amount
requested for research, development, test, and evaluation
activities shall be set forth in a manner that complies with
subsection (a).
(c) Not Applicable to Missile Defense.--This section does
not apply to the Missile Defense Agency.
SEC. 223. SMALL BUSINESS INNOVATION RESEARCH PHASE III
ACCELERATION PILOT PROGRAM.
(a) Pilot Program to Expand Role of Small Business Concerns
in Defense Acquisition.--
[[Page H3935]]
(1) Pilot program.--The Secretary of Defense shall
designate the Secretary of a military department to carry out
a pilot program, to be known as the ``Small Business
Innovation Research Phase III Acceleration Pilot Program'' to
expand the role of small business concerns in the defense
acquisition process by designating certain Department of
Defense research or research and development projects for
accelerated transition under the Small Business Innovation
Research Program (in this section referred to as the SBIR
program), as defined in section 9(e)(4) of the Small Business
Act (15 U.S.C. 638(e)(4)).
(2) Accelerated transition.--In this section, the term
``accelerated transition'' means the expeditious transfer
under existing authority from the second phase of the SBIR
program (as described in section 9(e)(4)(B) of the Small
Business Act (15 U.S.C. 638(e)(4)(B))) to the third phase, in
which applications of research or research and development
projects are funded (as described in section 9(e)(4)(C)(i) of
such Act).
(b) Designation of Projects for Accelerated Transition.--
For each of fiscal years 2006 through 2008, the Secretary
designated under subsection (a)(1) shall designate for
accelerated transition under the pilot program under this
section at least 10 research or research and development
projects for which funds have been provided by that Secretary
through a second phase award under the SBIR program.
(c) Report.--Not later than September 30, 2008, the
Secretary of Defense shall submit to the congressional
defense committees a report which contains the following:
(1) The name of each research or research and development
project designated for accelerated transition under
subsection (b).
(2) The rationale behind the selection of each such
project.
(3) A recommendation as to whether the pilot program under
this section should be extended.
(d) Definition.--In this section, the term ``research'' or
``research and development'' has the same meaning as in
section 9(e)(5) of the Small Business Act (15 U.S.C.
638(e)(5)).
SEC. 224. REVISED REQUIREMENTS RELATING TO SUBMISSION OF
JOINT WARFIGHTING SCIENCE AND TECHNOLOGY PLAN.
(a) Biennial Submittal.--Section 270 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 10 U.S.C. 2501 note) is amended--
(1) by striking ``annual'' in the section
heading and inserting ``biennial'' ; and
(2) by striking ``(a) Annual Plan Required.--On March 1 of
each year'' and inserting ``Not later than March 1 of each
even-numbered year,''.
(b) Repeal of Requirement for Inclusion of Technology Area
Review and Assessment Summaries.--Subsection (b) of such
section is repealed.
SEC. 225. SHIPBUILDING INDUSTRIAL BASE IMPROVEMENT PROGRAM
FOR DEVELOPMENT OF INNOVATIVE SHIPBUILDING
TECHNOLOGIES, PROCESSES, AND FACILITIES.
(a) Program for United States Private Shipyards.--The
Secretary of the Navy shall establish a program under which
the Secretary shall provide funds, in such amounts as are
made available to carry out this program--
(1) to qualified applicants to facilitate the development
of innovative design and production technologies and
processes for naval vessels and the development of modernized
shipbuilding infrastructure; and
(2) to private shipyards to facilitate their acquisition of
such technologies, processes, and infrastructure.
(b) Purposes of Program.--The purposes of the program
referred to in subsection (a) are--
(1) to improve the efficiency and cost-effectiveness of the
construction of naval vessels for the United States;
(2) to enhance the quality of naval vessel construction;
and
(3) to promote the international competitiveness of United
States shipyards for the construction of commercial ships and
naval ships intended for sale to foreign governments.
(c) Application for Development Funding.--An entity
requesting assistance under the program referred to in
subsection (a) to develop new design or production
technologies or processes for naval vessels or to improve
shipbuilding infrastructure shall submit to the Secretary of
the Navy an application that describes the proposal of the
entity and provides evidence of its capability to develop one
or more of the following:
(1) Numerically controlled machine tools, robots, automated
process control equipment, computerized flexible
manufacturing systems, associated computer software, and
other technology designed to improve shipbuilding and related
industrial productivity.
(2) Novel techniques and processes designed to improve
shipbuilding quality, productivity, and practice on a broad
and sustained basis, including in such areas as engineering
design, quality assurance, concurrent engineering, continuous
process production technology, employee skills enhancement,
and management of customers and suppliers.
(3) Technology, techniques, and processes appropriate to
enhancing the productivity of shipyard infrastructure.
(d) Selection of Participating Entities.--Using the
applications submitted under subsection (c), the Secretary of
the Navy shall select entities to receive funds under
subsection (a)(1) based on their ability to research and
develop innovative technologies, processes, and
infrastructure to alleviate areas of shipyard construction
inefficiencies discovered under the assessment described in
subsection (f).
(e) Shipyard Use of Developed Technologies, Processes, and
Infrastructure.--Upon making a determination that a
technology, process, or infrastructure improvement developed
using funds provided under subsection (a)(1) will improve the
productivity and cost-effectiveness of naval vessel
construction, the Secretary of the Navy may provide funds
under subsection (a)(2) to a shipyard to facilitate the
purchase of such technology, process, or infrastructure
improvement.
(f) Assessments of Naval Vessel Construction
Inefficiencies.--
(1) Periodic assessments required.--The Secretary of the
Navy shall conduct, in the third quarter of each fiscal year
or as often as necessary, an assessment of the following
aspects of naval vessel construction to determine where and
to what extent inefficiencies exist and to what extent
innovative design and production technologies, processes, and
infrastructure can be developed to alleviate such
inefficiencies:
(A) Program design, engineering, and production
engineering.
(B) Organization and operating systems.
(C) Steelwork production.
(D) Ship construction and outfitting.
(2) Relation to independent navy ship construction
assessment.--The assessments required by paragraph (1) shall
occur subsequent to, and take into consideration the results
of, the study of the cost effectiveness of the ship
construction program of the Navy required by section 1014 of
the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2041).
(g) Availability of Funds.--Of the amount authorized to be
appropriated pursuant to section 201(2) for research,
development, test, and evaluation for the Navy, $100,000,000
shall be available to the Secretary of the Navy only to
provide assistance under this section.
(h) Definitions.--In this section:
(1) The term ``shipyard'' means a private shipyard located
in the United States whose business includes the
construction, repair, and maintenance of United States naval
vessels.
(2) The term ``vessel'' has the meaning given such term in
title 1, United States Code.
SEC. 226. RENEWAL OF UNIVERSITY NATIONAL OCEANOGRAPHIC
LABORATORY SYSTEM FLEET.
(a) Program Plan.--The Secretary of the Navy shall develop
a plan for a program to renew the University National
Oceanographic Laboratory System (UNOLS) fleet. The Secretary
shall include in the plan provisions for the construction of
up to four Ocean-class ships.
(b) Funding for Preliminary Design and Feasibility
Studies.--Of the amount provided in section 201 for fiscal
year 2006 for the Navy, $4,000,000 is available, through
Program Element PE 63564N (Ship Preliminary Design and
Feasibility Studies), to conduct feasibility assessments and
initiate design of the first Ocean-class ship that would be
constructed under the program referred to in subsection (a).
SEC. 227. LIMITATION ON VXX HELICOPTER PROGRAM.
No funds available to the Department of Defense for
research, development, test, and evaluation, or for
procurement, may be obligated for acquisition of pilot
production helicopters for the VXX helicopter program until
the Secretary of the Navy certifies to the congressional
defense committees that the results of tests conducted by the
fleet of test article helicopters for the VXX program
demonstrate that VXX helicopters in the VXX mission
configuration can be produced without significant further
design modification.
Subtitle C--Missile Defense Programs
SEC. 231. REPORT ON CAPABILITIES AND COSTS FOR OPERATIONAL
BOOST/ASCENT-PHASE MISSILE DEFENSE SYSTEMS.
(a) Secretary of Defense Assessment.--The Secretary of
Defense shall conduct an assessment of the United States
missile defense programs that are designed to provide
capability against threat ballistic missiles in the boost/
ascent phase of flight.
(b) Purpose.--The purpose of the assessment shall be to
compare and contrast--
(1) capabilities of those programs (if operational) to
defeat, while in the boost/ascent phase of flight, ballistic
missiles launched from North Korea or a location in the
Middle East against the continental United States, Alaska, or
Hawaii; and
(2) asset requirements and costs for those programs to
become operational with the capabilities referred to in
paragraph (1).
(c) Report.--Not later than October 1, 2006, the Secretary
shall submit to Congress a report providing the results of
the assessment.
SEC. 232. REQUIRED FLIGHT-INTERCEPT TEST OF BALLISTIC MISSILE
DEFENSE GROUNDBASED MIDCOURSE SYSTEM.
Of the amount provided for the Missile Defense Agency in
section 201(4) for defense-wide research, development, test,
and evaluation, the amount of $100,000,000, in addition to
amounts otherwise available for the Ballistic Missile Defense
Midcourse Defense Segment, shall be provided to conduct one
flight-intercept test of the Ballistic Missile Defense
Groundbased Midcourse system in addition to the flight tests
planned for that system as of the submission of the
President's budget for fiscal year 2006. The interceptor for
such additional flight-intercept test shall be launched from
an operational silo, and the test shall be conducted as soon
as practicable.
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.
Subtitle B--Environmental Provisions
Sec. 311. Revision of required content of environmental quality annual
report.
[[Page H3936]]
Sec. 312. Pilot project on compatible use buffers on real property
bordering Fort Carson, Colorado.
Sec. 313. Repeal of Air Force report on military installation
encroachment issues.
Sec. 314. Payment of certain private cleanup costs in connection with
Defense Environmental Restoration Program.
Subtitle C--Workplace and Depot Issues
Sec. 321. Proceeds from cooperative activities with non-Army entities.
Sec. 322. Public-private competition.
Sec. 323. Public-private competition pilot program.
Sec. 324. Sense of Congress on equitable legal standing for civilian
employees.
Subtitle D--Extension of Program Authorities
Sec. 331. Extension of authority to provide logistics support and
services for weapons systems contractors.
Sec. 332. Extension and revision of temporary authority for contractor
performance of security guard functions.
Subtitle E--Utah Test and Training Range
Sec. 341. Definitions.
Sec. 342. Military operations and overflights, Utah Test and Training
Range.
Sec. 343. Planning process for Federal lands in Utah Test and Training
Range.
Sec. 344. Designation and management of Cedar Mountain Wilderness,
Utah.
Sec. 345. Identification of additional Bureau of Land Management land
in Utah as trust land for Skull Valley Band of Goshutes.
Sec. 346. Relation to other lands and laws.
Subtitle F--Other Matters
Sec. 351. Codification and revision of limitation on modification of
major items of equipment scheduled for retirement or
disposal.
Sec. 352. Limitation on purchase of investment items with operation and
maintenance funds.
Sec. 353. Provision of Department of Defense support for certain
paralympic sporting events.
Sec. 354. Development and explanation of budget models for base
operations support, sustainment, and facilities
recapitalization.
Sec. 355. Report on Department of Army programs for prepositioning of
equipment and other materiel.
Sec. 356. Report regarding effect on military readiness of undocumented
immigrants trespassing upon operational ranges.
Sec. 357. Congressional notification requirements regarding placement
of liquefied natural gas facilities, pipelines, and
related structures on defense lands.
Sec. 358. Report regarding army and air force exchange system
management of army lodging.
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, $24,383,873,000.
(2) For the Navy, $30,312,736,000.
(3) For the Marine Corps, $3,631,277,000.
(4) For the Air Force, $30,559,135,000.
(5) For Defense-wide activities, $18,375,781,000.
(6) For the Army Reserve, $1,998,282,000.
(7) For the Naval Reserve, $1,245,695,000.
(8) For the Marine Corps Reserve, $207,434,000.
(9) For the Air Force Reserve, $2,501,686,000.
(10) For the Army National Guard, $4,521,119,000.
(11) For the Air National Guard, $4,727,091,000.
(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, $221,921,000.
(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, $316,340,000.
(2) For the National Defense Sealift Fund, $1,697,023,000.
(3) For the Defense Working Capital Fund, Defense
Commissary, $1,155,000,000.
SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.
(a) Defense Health Program.--Funds are hereby authorized to
be appropriated for the Department of Defense for fiscal year
2006 for expenses, not otherwise provided for, for the
Defense Health Program, in the amount of $19,756,194,000, of
which--
(1) $19,204,219,000 is for Operation and Maintenance;
(2) $176,656,000 is for Research, Development, Test, and
Evaluation; and
(3) $375,319,000 is for Procurement.
(b) Chemical Agents and Munitions Destruction, Defense.--
(1) Authorization of appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2006 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
in the amount of $1,405,827,000, of which--
(A) $1,241,514,000 is for Operation and Maintenance;
(B) $116,527,000 is for Research, Development, Test, and
Evaluation; and
(C) $47,786,000 is for Procurement.
(2) Use.--Amounts authorized to be appropriated under
paragraph (1) are authorized for--
(A) the destruction of lethal chemical agents and 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, in the amount of $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,
in the amount of $174,487,000, of which--
(1) $173,487,000 is for Operation and Maintenance; and
(2) $1,000,000 is for Procurement; and
Subtitle B--Environmental Provisions
SEC. 311. REVISION OF REQUIRED CONTENT OF ENVIRONMENTAL
QUALITY ANNUAL REPORT.
Section 2706(b)(2) of title 10, United States Code, is
amended--
(1) by striking subparagraphs (D), (E), and (F); and
(2) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) A statement of the amounts expended, and anticipated
to be expended, during the period covered by the report for
any activities overseas related to the environment, including
amounts for activities relating to environmental remediation,
compliance, conservation, and pollution prevention.''.
SEC. 312. PILOT PROJECT ON COMPATIBLE USE BUFFERS ON REAL
PROPERTY BORDERING FORT CARSON, COLORADO.
(a) Pilot Project Required.--The Secretary of Defense shall
carry out a pilot project at Fort Carson, Colorado, for
purposes of evaluating the feasibility and effectiveness of
utilizing conservation easements and leases granted by one or
more willing eligible entity to limit development on real
property in the vicinity of military installations in the
United States.
(b) Phases.--The Secretary shall carry out the pilot
project in four phases, as specified in the Fort Carson Army
Compatible Use Buffer Project.
(c) Lease and Easement Agreements; Purpose.--Under the
pilot project, the Secretary shall enter into agreements with
one or more willing eligible entities to purchase from the
entity or entities one or more conservation easements, or to
lease from the entity or entities one or more conservation
leases, on real property in the vicinity of Fort Carson for
the purposes of limiting any development or use of the
property that would be incompatible with the current and
anticipated future missions of Fort Carson.
(d) Encroachments and Other Constraints on Use.--In
entering into agreements under the pilot project, the
Secretary may utilize, subject to this section, the authority
for agreements under subsection (c) to limit encroachments
and other constraints on military training, testing, and
operations under section 2684a of title 10, United States
Code.
(e) Expiration.--The authority of the Secretary to enter
into agreements under the pilot project shall expire on the
earlier of--
(1) the date of the completion of phase IV of the Fort
Carson Army Compatible Use Buffer Project; or
(2) the date that is five years after the date of the
enactment of this Act.
(f) Definitions.--In this section:
(1) The term ``eligible entity'' means any of the
following:
(A) The State of Colorado or a political subdivision of the
State.
(B) A private entity that has as its stated principal
organizational purpose or goal the conservation, restoration,
or preservation of land and natural resources, or a similar
purpose or goal, as determined by the Secretary.
(2) The term ``Fort Carson Army Compatible Use Buffer
Project'' means the plan developed for Fort Carson to use
conservation easements and leases on property in the vicinity
of Fort Carson to create a land buffer to accommodate current
and future missions at Fort Carson, while also conserving
sensitive natural resources.
SEC. 313. REPEAL OF AIR FORCE REPORT ON MILITARY INSTALLATION
ENCROACHMENT ISSUES.
Section 315 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 1843) is repealed.
[[Page H3937]]
SEC. 314. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS IN
CONNECTION WITH DEFENSE ENVIRONMENTAL
RESTORATION PROGRAM.
(a) Activities at Former Defense Property Subject to
Covenant for Additional Remedial Action.--Section 2701(d) of
title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``any owner of covenant property,'' after
``any Indian tribe,''; and
(B) by inserting ``owner,'' after ``, Indian tribe,'';
(2) in paragraph (3), by adding at the end the following
new sentence: ``An agreement under such paragraph with
respect to a site also may not change the cleanup standards
selected for the site pursuant to law.'';
(3) in paragraph (4), by adding at the end the following
new subparagraph:
``(C) The term `owner of covenant property' means an owner
of property subject to a covenant provided by the United
States in accordance with the requirements of paragraphs (3)
and (4) of section 120(h) of CERCLA (42 U.S.C. 9620(h)), so
long as the covenant property is the site at which the
services procured under paragraph (1) are to be performed.'';
and
(4) by adding at the end the following new paragraph:
``(5) Savings clause.--Nothing in this subsection affects
the applicability of section 120 of CERCLA (42 U.S.C. 6920)
to the Department of Defense or the obligations and
responsibilities of the Department of Defense under
subsection (h) of such section.''.
(b) Source of Funds for Former BRAC Property Subject to
Covenant for Additional Remedial Action.--Section 2703 of
such title is amended--
(1) in subsection (g)(1), by striking ``The sole source''
and inserting ``Except as provided in subsection (h), the
sole source''; and
(2) by adding at the end the following new subsection:
``(h) Sole Source of Funds for Environmental Remediation at
Certain Base Realignment and Closure Sites.--In the case of
property disposed of pursuant to a base closure law and
subject to a covenant that was required to be provided by
paragraphs (3) and (4) of section 120(h) of CERCLA (42 U.S.C.
9620(h)), the sole source of funds for services procured
under subsection 2701(d)(1) of this title shall be the
applicable Department of Defense base closure account.''.
Subtitle C--Workplace and Depot Issues
SEC. 321. PROCEEDS FROM COOPERATIVE ACTIVITIES WITH NON-ARMY
ENTITIES.
Section 4544 of title 10, United States Code, is amended--
(1) by redesignating subsections (h) through (j) as
subsections (i) through (k), respectively; and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Proceeds Credited to Working Capital Fund.--Proceeds
received from the sale of an article or service pursuant to a
contract or other cooperative arrangement under this section
shall be credited to the working capital fund that incurs the
cost of manufacturing the article or performing the
service.''.
SEC. 322. PUBLIC-PRIVATE COMPETITION.
Section 2461(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(5)(A) 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 the 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;
``(iii) determines whether the submitted offers meet the
needs of the Department of Defense with respect to factors
other than cost, including quality and reliability; and
``(iv) requires continued performance of the function by
civilian employees if the difference in the cost of
performance of the function by a contractor compared to the
civilian employees would, over all performance periods
required by the solicitation, be less than--
``(I) 10 percent of the personnel-related costs for
performance of that activity or function in the agency
tender; or
``(II) $10,000,000.
``(B) An activity that is performed by the Department of
Defense and is reengineered, reorganized, modernized,
upgraded, expanded, or changed to become more efficient, but
still essentially provides the same service, shall not be
considered a new requirement.
``(C) In no case may a commercial or industrial type
function being performed by Department of Defense personnel
be modified, reorganized, divided, or in any way changed for
the purpose of exempting from the requirements of subsection
(a) the change of all or any part of such function to
performance by a private contractor.
``(D) The Secretary of Defense may waive the competition
requirement in specific instances if--
``(i) the written waiver is prepared by the Secretary of
Defense, or the relevant Assistant Secretary or agency head;
and
``(ii) the written waiver is accompanied by a detailed
determination that national security interests are so
compelling as to preclude compliance with the requirement for
a public-private competition.''.
SEC. 323. PUBLIC-PRIVATE COMPETITION PILOT PROGRAM.
(a) Establishment.--The Secretary of Defense shall
establish a pilot program to examine the use of the public-
private competition process of Office of Management and
Budget Circular A-76, as defined by such Circular, and
functions currently being performed by contractors that could
be performed by civilian employees of the Department of
Defense.
(b) Process and Criteria.--
(1) The process and criteria for competition under the
pilot program established in subsection (a) shall be
consistent with the criteria for conducting a similar
competition for work performed by the public sector.
(2) The pilot program shall include not less than four
competitions.
(c) Report.--The Secretary of Defense shall submit a report
to Congress on the results of the competitions conducted
under the pilot program and any potential benefit or
detriment of expanding the pilot program.
(d) Termination.--The pilot program established under this
subsection shall terminate on the date that is three years
after the date of the enactment of this Act.
SEC. 324. SENSE OF CONGRESS ON EQUITABLE LEGAL STANDING FOR
CIVILIAN EMPLOYEES.
It is the sense of Congress that, in order to ensure that
when public-private competitions are held, they are conducted
as fairly, effectively, and efficiently as possible,
competing parties, both Department of Defense civilian
employees (or their representatives) and contractors (or
their representatives), should receive comparable treatment
throughout the competition regarding access to relevant
information and legal standing to challenge the way a
competition has been conducted at all appropriate forums.
Subtitle D--Extension of Program Authorities
SEC. 331. EXTENSION OF AUTHORITY TO PROVIDE LOGISTICS SUPPORT
AND SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.
Section 365(g)(1) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2521; 10 U.S.C. 2302 note) is amended by striking
``2007'' and inserting ``2010''.
SEC. 332. EXTENSION AND REVISION OF TEMPORARY AUTHORITY FOR
CONTRACTOR PERFORMANCE OF SECURITY GUARD
FUNCTIONS.
Section 332(c) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314;
116 Stat. 2513) is amended--
(1) by striking ``2006'' each place it appears and
inserting ``2008''; and
(2) by adding at the end the following new paragraphs:
``(3) No contract, subcontract, or task order for the
performance of security-guard functions at a military
installation or facility in the United States awarded before
September 30, 2006, shall be extended beyond September 30,
2006.
``(4) A contract for the performance of security-guard
functions at a military installation or facility in the
United States awarded on or after September 30, 2006, shall
be awarded using full and open competition, as authorized
under section 2304 of title 10, United States Code. Section
602 of the Business Opportunity Development Reform Act of
1988 (Public Law 100-656; 15 U.S.C. 637 note) shall not apply
to such a contract.''.
Subtitle E--Utah Test and Training Range
SEC. 341. DEFINITIONS.
In this subtitle:
(1) The term ``covered wilderness'' means the wilderness
area designated by this subtitle and wilderness study areas
located near lands withdrawn for military use and beneath
special use airspace critical to the support of military test
and training missions at the Utah Test and Training Range,
including the Deep Creek, Fish Springs, Swasey Mountain,
Howell Peak, Notch Peak, King Top, Wah Wah Mountain, and
Conger Mountain units designated by the Department of the
Interior.
(2) The term ``Tribe'' means the Skull Valley Band of
Goshute Indians.
(3) The term ``Utah Test and Training Range'' means those
portions of the military operating area of the Utah Test and
Training Area located solely in the State of Utah. The term
includes the Dugway Proving Ground.
(4) The term ``Wilderness Act'' means Public Law 88-577,
approved September 3, 1964 (16 U.S.C. 1131 et seq.).
SEC. 342. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND
TRAINING RANGE.
(a) Findings.--The Congress finds the following:
(1) The testing and development of military weapons systems
and the training of military forces are critical to ensuring
the national security of the United States.
(2) The Utah Test and Training Range in the State of Utah
is a unique and irreplaceable national asset at the core of
the test and training mission of the Department of Defense.
(3) The Cedar Mountain Wilderness Area designated by
section 344, as well as several wilderness study areas, are
located near lands withdrawn for military use or are beneath
special use airspace critical to the support of military test
and training missions at the Utah Test and Training Range.
(4) The Utah Test and Training Range and special use
airspace withdrawn for military uses create unique management
circumstances for the covered wilderness in this subtitle,
and it is not the intent of Congress that passage of this
subtitle shall be construed as establishing a precedent with
respect to any future national conservation area or
wilderness designation.
(5) Continued access to the special use airspace and lands
that comprise the Utah Test and Training Range, under the
terms and conditions described in this section, is a national
[[Page H3938]]
security priority and is not incompatible with the protection
and proper management of the natural, environmental,
cultural, and other resources of such lands.
(b) Overflights.--Nothing in this subtitle or the
Wilderness Act shall preclude low-level overflights and
operations of military aircraft, helicopters, missiles, or
unmanned aerial vehicles over the covered wilderness,
including military overflights and operations that can be
seen or heard within the covered wilderness.
(c) Special Use Airspace and Training Routes.--Nothing in
this subtitle or the Wilderness Act shall preclude the
designation of new units of special use airspace, the
expansion of existing units of special use airspace, or the
use or establishment of military training routes over the
covered wilderness.
(d) Communications and Tracking Systems.--Nothing in this
subtitle shall prevent any required maintenance of existing
communications, instrumentation, or electronic tracking
systems (or infrastructure supporting such systems) or
prevent the installation of new communication,
instrumentation, or other equipment necessary for effective
testing and training to meet military requirements in
wilderness study areas located beneath special use airspace
comprising the Utah Test and Training Range, including the
Deep Creek, Fish Springs, Swasey Mountain, Howell Peak, Notch
Peak, King Top, Wah Wah Mountain, and Conger Mountain units
designated by the Department of Interior, so long as the
Secretary of the Interior, after consultation with the
Secretary of the Air Force, determines that the installation
and maintenance of such systems, when considered both
individually and collectively, comply with section 603 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782).
(e) Emergency Access and Response.--Nothing in this
subtitle or the Wilderness Act shall preclude the
continuation of the memorandum of understanding in existence
as of the date of enactment of this Act between the
Department of the Interior and the Department of the Air
Force with respect to emergency access and response.
(f) Prohibition on Ground Military Operations.--Except as
provided in subsections (d) and (e), nothing in this section
shall be construed to permit a military operation to be
conducted on the ground in covered wilderness in the Utah
Test and Training Range unless such ground operation is
otherwise permissible under Federal law and consistent with
the Wilderness Act.
SEC. 343. PLANNING PROCESS FOR FEDERAL LANDS IN UTAH TEST AND
TRAINING RANGE.
(a) Analysis of Military Readiness and Operational
Impacts.--The Secretary of the Interior shall develop,
maintain, and revise land use plans pursuant to section 202
of the Federal Land Policy and Management Act of 1976 (43
U.S. C. 1712) for Federal lands located in the Utah Test and
Training Range in consultation with the Secretary of Defense.
As part of the required consultation in connection with a
proposed revision of a land use plan, the Secretary of
Defense shall prepare and transmit to the Secretary of the
Interior an analysis of the military readiness and
operational impacts of the proposed revision within six
months of a request from the Secretary of Interior.
(b) Limitation on Rights-of-ways.--The Secretary of the
Interior shall not grant or issue any authorizations for
rights-of-way under section 501(a)(6) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1761(a)(6)) upon
Federal lands identified as inventory units UTU-020-086, UTU-
020-088, UTU-020-095, UTU-020-096, UTU-020-100, UTU-020-101,
UTU-020-103, UTU-020-104, UTU-020-105, and UTU-020-110, as
generally depicted on the map entitled ``Wilderness
Inventory, State of Utah'' and dated August 1979, until the
later of the following:
(1) The completion of a full revision of the Pony Express
Area Resource Management Plan, dated January 12, 1990, by the
Salt Lake Field Office of the Bureau of Land Management.
(2) January 1, 2015.
SEC. 344. DESIGNATION AND MANAGEMENT OF CEDAR MOUNTAIN
WILDERNESS, UTAH.
(a) Designation.--Certain Federal lands in Tooele County,
Utah, as generally depicted on the map entitled ``Cedar
Mountain Wilderness'' and dated March 7, 2004, are hereby
designated as wilderness and, therefore, as a component of
the National Wilderness Preservation System to be known as
the Cedar Mountain Wilderness Area.
(b) Withdrawal.--Subject to valid existing rights, the
Federal lands in the Cedar Mountain Wilderness Area are
hereby withdrawn from all forms of entry, appropriation, or
disposal under the public land laws, from location, entry,
and patent under the United States mining laws, and from
disposition under all laws pertaining to mineral and
geothermal leasing, and mineral materials, and all amendments
to such laws.
(c) Map and Description.--
(1) Transmittal.--As soon as practicable after the date of
the enactment of this Act, the Secretary of the Interior
shall transmit a map and legal description of the Cedar
Mountain Wilderness Area to the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
(2) Legal effect.--The map and legal description shall have
the same force and effect as if included in this Act, except
that the Secretary of the Interior may correct clerical and
typographical errors in the map and legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the office of
the Director of the Bureau of Land Management and the office
of the State Director of the Bureau of Land Management in the
State of Utah.
(d) Administration.--Subject to valid existing rights and
this subtitle, the Cedar Mountain Wilderness Area shall be
administered by the Secretary of the Interior in accordance
with the provisions of the Wilderness Act, except that any
reference in such provisions to the effective date of the
Wilderness Act (or any similar reference) shall be deemed to
be a reference to the date of the enactment of this Act.
(e) Land Acquisition.--Any lands or interest in lands
within the boundaries of the Cedar Mountain Wilderness Area
acquired by the United States after the date of the enactment
of this Act shall be added to and administered as part of the
Cedar Mountain Wilderness Area.
(f) Fish and Wildlife Management.--As provided in section
4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing
in this subtitle shall be construed as affecting the
jurisdiction of the State of Utah with respect to fish and
wildlife on the Federal lands located in that State.
(g) Grazing.--Within the Cedar Mountain Wilderness Area,
the grazing of livestock, where established before the date
of the enactment of this Act, shall be permitted to continue
subject to such reasonable regulations, policies, and
practices as the Secretary of the Interior considers
necessary, as long as such regulations, policies, and
practices fully conform with and implement the intent of
Congress regarding grazing in such areas, as such intent is
expressed in the Wilderness Act, section 101(f) of Public Law
101-628 (104 Stat. 4473), and appendix A of the Report of the
Committee on Interior and Insular Affairs to accompany H.R.
2570 of the 101st Congress (H. Rept. 101-405).
(h) Buffer Zones.--Congress does not intend for the
designation of the Cedar Mountain Wilderness Area to lead to
the creation of protective perimeters or buffer zones around
the wilderness area. The fact that nonwilderness activities
or uses can be seen or heard within the wilderness area shall
not, of itself, preclude such activities or uses up to the
boundary of the wilderness area.
(i) Release From Wilderness Study Area Status.--The lands
identified as the Browns Spring Cherrystem on the map
entitled ``Proposed Browns Spring Cherrystem'' and dated May
11, 2004, are released from their status as a wilderness
study area, and shall no longer be subject to the
requirements of section 603(c) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1782(c)) pertaining to the
management of wilderness study areas in a manner that does
not impair the suitability of those areas for preservation of
wilderness.
SEC. 345. IDENTIFICATION OF ADDITIONAL BUREAU OF LAND
MANAGEMENT LAND IN UTAH AS TRUST LAND FOR SKULL
VALLEY BAND OF GOSHUTES.
(a) Identification of Trust Land.--The Secretary of the
Interior shall identify approximately 640 additional acres of
Bureau of Land Management land in the State of Utah to be
administered in trust for the benefit of the Skull Valley
Band of Goshutes.
(b) Special Considerations.--In identifying the land under
subsection (a), the Secretary of the Interior shall--
(1) consult with leaders of the Tribe and the Governor of
Utah; and
(2) ensure that the land has ready access to State or
Federal highways and, in the judgment of the Secretary,
provides the best opportunities for commercial economic
development in closest proximity to other lands of the Tribe.
(c) Placement in Trust.--Not later than December 31, 2005,
the Secretary of the Interior shall place the land identified
pursuant to subsection (a) into trust for the purposes of
economic development for the Tribe. At least 30 days before
placing the land in trust for the Tribe, the Secretary shall
publish in the Federal Register legal descriptions of the
land to be placed in trust.
(d) Management of Trust Land.--The land placed into trust
for the Tribe under subsection (c) shall be administered in
accordance with laws generally applicable to property held in
trust by the United States for Indian Tribes, except that the
land shall immediately revert to the administrative control
of the Bureau of Land Management if the Tribe sells, or
attempts to sell, any part of the land.
(e) Effect.--Nothing in this section--
(1) affects any valid right-of-way, lease, permit, mining
claim, grazing permit, water right, or other right or
interest of any person or entity (other than the United
States) in or to the trust land that exists before the date
on which the land is placed in trust for the Tribe under
subsection (c);
(2) enlarges, impairs, or otherwise affects a right or
claim of the Tribe to any land or interest in land based on
Aboriginal or Indian title that exists before the date of the
enactment of this Act;
(3) constitutes an express or implied reservation of water
or water right for any purpose with respect to the trust
land; or
(4) affects any water right of the Tribe that exists before
the date of the enactment of this Act.
SEC. 346. RELATION TO OTHER LANDS AND LAWS.
(a) Other Lands.--Nothing in this subtitle shall be
construed to affect any Federal lands located outside of the
covered wilderness or the management of such lands.
(b) Conforming Repeal.--Section 2815 of the National
Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 113 Stat. 852) is amended by striking subsection (d).
[[Page H3939]]
Subtitle F--Other Matters
SEC. 351. CODIFICATION AND REVISION OF LIMITATION ON
MODIFICATION OF MAJOR ITEMS OF EQUIPMENT
SCHEDULED FOR RETIREMENT OR DISPOSAL.
(a) In General.--Chapter 134 of title 10, United States
Code, is amended by inserting after section 2244 the
following new section:
``Sec. 2244a. Equipment scheduled for retirement or disposal:
limitation on expenditures for modifications
``(a) Prohibition.--Except as otherwise provided in this
section, the Secretary of a military department may not carry
out a significant modification of an aircraft, weapon,
vessel, or other item of equipment that the Secretary plans
to retire or otherwise dispose of within five years after the
date on which the modification, if carried out, would be
completed.
``(b) Significant Modification Defined.--In this section, a
significant modification is any modification for which the
cost is in an amount equal to or greater than $1,000,000.
``(c) Exception for Safety Modifications.--The prohibition
in subsection (a) does not apply to a safety modification.
``(d) Waiver Authority.--The Secretary concerned may waive
the prohibition in subsection (a) in the case of any
modification otherwise subject to that subsection if the
Secretary determines that carrying out the modification is in
the national security interest of the United States. Whenever
the Secretary issues such a waiver, the Secretary shall
notify the congressional defense committees in writing.''.
(b) Clerical Amendment.--The table of section at the
beginning of such chapter is amended by inserting after the
item relating to section 2244 the following new item:
``2244a. Equipment scheduled for retirement or disposal: limitation on
expenditures for modifications.''.
(c) Conforming Repeal.--Section 8053 of the Department of
Defense Appropriations Act, 1998 (Public Law 105-56; 10
U.S.C. 2241 note), is repealed.
SEC. 352. LIMITATION ON PURCHASE OF INVESTMENT ITEMS WITH
OPERATION AND MAINTENANCE FUNDS.
(a) Limitation on Use of Operation and Maintenance Funds.--
Chapter 134 of title 10, United States Code, is amended by
inserting after section 2245 the following new section:
``Sec. 2245a. Use of operation and maintenance funds for
purchase of investment items: limitation
``Funds appropriated to the Department of Defense for
operation and maintenance may not be used to purchase any
item (including any item to be acquired as a replacement for
an item) that has an investment item unit cost that is
greater than $250,000.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2245 the following new item:
``2245a. Use of operation and maintenance funds for purchase of
investment items: limitation.''.
SEC. 353. PROVISION OF DEPARTMENT OF DEFENSE SUPPORT FOR
CERTAIN PARALYMPIC SPORTING EVENTS.
Section 2564 of title 10, United States Code, is amended--
(1) in subsection (c), by adding at the end the following
new paragraphs:
``(4) A sporting event 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 500 amateur
athletes.''; and
(2) in subsection (d)--
(A) by inserting ``(1)'' before ``The Secretary''; and
(B) by adding at the end the following new paragraph:
``(2) No more than $1,000,000 may be expended in any fiscal
year to provide support for events specified under paragraph
(5) of subsection (c).''.
SEC. 354. DEVELOPMENT AND EXPLANATION OF BUDGET MODELS FOR
BASE OPERATIONS SUPPORT, SUSTAINMENT, AND
FACILITIES RECAPITALIZATION.
(a) Reports on Models Used.--The Secretary of Defense shall
include with the defense budget materials for fiscal years
2007 through 2011 a report describing the models used to
prepare the budget requests for base operations support,
sustainment, and facilities recapitalization.
(b) Content of Reports.--The report for a fiscal year under
subsection (a) shall include the following:
(1) An explanation of the methodology used to develop each
model and, if there have been any changes to the methodology
since the previous report, an explanation of the changes and
the reasons therefor.
(2) A description of the items contained in each model.
(3) An explanation of whether the models are being applied
to each military department and Defense Agencies under common
definitions of base operations support, sustainment, and
facilities recapitalization and, if common definitions are
not being used, an explanation of the differences and the
reasons therefor.
(4) A description of the requested funding levels for base
operations support, sustainment, and facilities
recapitalization for the fiscal year covered by the defense
budget materials and the funding goals established for base
operations support, sustainment, and facilities
recapitalization for at least the four succeeding fiscal
years.
(5) If the requested funding levels for base operations
support, sustainment, and facilities recapitalization for the
fiscal year covered by the defense budget materials deviate
from the goals for that fiscal year contained in the
preceding report, or the funding goals established for
succeeding fiscal years deviate from the goals for those
fiscal years contained in the preceding report, a
justification for the funding levels and goals and an
explanation of the reasons for the changes from the preceding
report.
(c) Defense Budget Materials Defined.--In this section, the
term ``defense budget materials'' means the materials
submitted to Congress by the Secretary of Defense in support
of the budget for a fiscal year submitted to Congress by the
President under section 1105(a) of title 31, United States
Code.
SEC. 355. REPORT ON DEPARTMENT OF ARMY PROGRAMS FOR
PREPOSITIONING OF EQUIPMENT AND OTHER MATERIEL.
(a) Secretary of Army Assessment.--The Secretary of the
Army shall conduct an assessment of the programs of the
Department of Army for the prepositioning of equipment and
other materiel stocks. The assessment shall focus on how
those programs are configured to support the evolving goals
of the Department of Army and shall include identification of
the following:
(1) The key operational capabilities currently available in
both the afloat and ashore prepositioned stocks of the Army,
by geographic region, including inventory levels in brigade
sets, operational projects, and sustainment programs.
(2) Any significant shortfalls that exist in those stocks,
particularly in combat and support equipment, spare parts,
and munitions, and how the Army would mitigate those
shortfalls in the event of a new conflict.
(3) The maintenance condition of prepositioned equipment
and supplies, especially the key ``pacing'' items in brigade
sets, including the percentage currently maintained at the
Technical Manual -10/20 standard required by the Army.
(4) The percentage of required cyclic maintenance performed
on all stocks for each of fiscal years 2003, 2004, and 2005
and the quality control procedures used to ensure that such
maintenance was completed according to Army standards.
(5) Whether the oversight mechanisms and internal
management reports of the Army with respect to those stocks
are adequate and ensure an accurate portrayal of the
readiness of stocks covered by the report.
(6) The funding allocated and expended for prepositioning
programs each fiscal year since fiscal year 2000, by region,
and an assessment of whether that funding level has been
adequate to maintain program readiness.
(7) The facilities used to store and maintain brigade sets
and whether those facilities provide adequate (or excess)
capacity, by region, for the current and future mission.
(8) The current funding for the war reserve, the
sufficiency of the war reserve inventory, and the effect of
the war reserve on the ability of the Army to conduct
operations.
(b) Report.--The Secretary shall submit to Congress a
report on the assessment under subsection (a) not later than
January 1, 2006. The report shall include each of the matters
specified in paragraphs (1) through (7) of that subsection.
(c) Comptroller General Review.--Not later than 120 days
after the date of receipt of the report under subsection (b),
the Comptroller General shall submit to Congress an
independent review of the assessment conducted by the
Secretary of the Army under subsection (a). The review under
this subsection shall include the following:
(1) The Comptroller General's assessment of whether the
assessment by the Secretary of the Army under subsection (a)
comprehensively addresses each of the matters specified in
paragraphs (1) through (7) of that subsection.
(2) The status of the Army in addressing any shortfalls or
other issues reported by the Department of the Army or
identified by the Government Accountability Office.
SEC. 356. REPORT REGARDING EFFECT ON MILITARY READINESS OF
UNDOCUMENTED IMMIGRANTS TRESPASSING UPON
OPERATIONAL RANGES.
(a) Report Containing Assessment and Response Plan.--Not
later than March 15, 2006, the Secretary of Defense and the
Secretary of Homeland Security shall submit to Congress a
report containing--
(1) an assessment, conducted jointly by the Secretaries, of
the impact on military readiness caused by undocumented
immigrants whose entry into the United States involves
trespassing upon operational ranges of the Department of
Defense; and
(2) a plan, prepared jointly by the Secretaries, for the
implementation of measures to prevent such trespass.
(b) Elements of Assessment.--The assessment required by
subsection (a) shall include the following:
(1) A listing of the operational ranges adversely affected
by the trespass of undocumented immigrants upon operational
ranges.
(2) A description of the types of range activities affected
by such trespass.
(3) A determination of the amount of time lost for range
activities, and the increased costs incurred, as a result of
such trespass.
(4) An evaluation of the nature and extent of such trespass
and means of travel.
(5) An evaluation of the factors that contribute to the use
by undocumented immigrants
[[Page H3940]]
of operational ranges as a means to enter the United States.
(6) A description of measures currently in place to prevent
such trespass, including the use of barriers to vehicles and
persons, military patrols, border patrols, and sensors.
(c) Elements of Plan.--The plan required by subsection (a)
shall include the following:
(1) The types of measures to be implemented to better
prevent the trespass of undocumented immigrants upon
operational ranges, including the construction of barriers to
vehicles and persons, the use of additional military or
border patrols, and the installation of sensors.
(2) The costs of, and timeline for, implementation of the
plan.
(d) Implementation Reports.--Not later than September 15,
2006, March 15, 2007, September 15, 2007, and March 15, 2008,
the Secretary of Defense shall submit to Congress a report
detailing the progress made by the Department of Defense,
during the six-month period covered by the report, in
implementing measures recommended in the plan required by
subsection (a) to prevent undocumented immigrants from
trespassing upon operational ranges. Each report shall
include the number and types of mitigation measures
implemented and the success of such measures in preventing
such trespass.
(e) Definitions.--In this section, the terms ``operational
range'' and ``range activities'' have the meaning given those
terms in section 101(e) of title 10, United States Code.
SEC. 357. CONGRESSIONAL NOTIFICATION REQUIREMENTS REGARDING
PLACEMENT OF LIQUEFIED NATURAL GAS FACILITIES,
PIPELINES, AND RELATED STRUCTURES ON DEFENSE
LANDS.
(a) Notification Required.--Not less than 30 days before
the Secretary of Defense or the Secretary of a military
department issues a final approval or disapproval or a formal
opinion regarding the placement of any liquefied natural gas
facility, pipeline, or related structure on or in the
vicinity of a military installation, range, or other lands
under the jurisdiction of the Department of Defense, the
Secretary shall submit to Congress a report detailing the
justification for the approval, disapproval, or opinion.
(b) Content of Report.--A report under subsection (a) shall
include consideration of the potential long-term effects of
the liquefied natural gas facility, pipeline, or related
structure that is the subject of the approval, disapproval,
or opinion on military readiness, particularly the effects on
the use of operational ranges.
(c) Definitions.--In this section:
(1) The term ``military installation'' has the meaning
given that term in section 2687(e)(1) of title 10, United
States Code.
(2) The terms ``range'' and ``operational range'' have the
meanings given those terms in section 101(e) of such title.
SEC. 358. REPORT REGARDING ARMY AND AIR FORCE EXCHANGE SYSTEM
MANAGEMENT OF ARMY LODGING.
(a) Report Required.--The Secretary of Defense shall submit
to Congress a report containing the results of a study
evaluating the merits of allowing the Army and Air Force
Exchange System to manage Army lodging. The study should
consider at a minimum the following:
(1) Whether current lodging agreements with the Army and
Air Force Exchange System to provide hospitality
telecommunication services would be impacted by privatization
and whether the proposed change will have an impact on funds
contributed to morale, welfare, and recreation accounts.
(2) Whether allowing the Army and Air Force Exchange System
to participate as a partner in the management of Army lodging
would enhance the quality of lodging and improve access to
such lodging as a nonprofit organization versus a partnership
with a for-profit corporation.
(3) Whether privatization of Army lodging will result in
significant cost increases to members of the Armed Forces or
other eligible patrons or the loss of such lodging if it is
determined that management of such lodging is not a
profitable marketing venture.
(4) Whether there are certain benefits to having the Army
and Air Force Exchange System become the partner with the
Army that would not exist were the Army to partner with a
private sector entity.
(b) Limitation Pending Submission of Report.--Until the
Secretary of Defense submits the report required by
subsection (a) to Congress, the Department of the Army may
not solicit or consider any request for qualifications that
would privatize Army lodging beyond the level of
privatization identified for inclusion in Group A of the
Privatization of Army Lodging Initiative.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum
levels.
Subtitle B--Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the
Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2006 limitation on number of non-dual status
technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on
active duty for operational support.
Subtitle C--Authorizations of Appropriations
Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
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, 482,400.
(2) The Navy, 352,700.
(3) The Marine Corps, 175,000.
(4) The Air Force, 357,400.
SEC. 402. REVISION IN 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, 482,400.
``(2) For the Navy, 352,700.
``(3) For the Marine Corps, 175,000.
``(4) For the Air Force, 357,400.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2005, or the the date of the
enactment of this Act, whichever is later.
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 increased proportionately by
the total authorized strengths of such units and by the total
number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
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, 27,345.
(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, 13,089.
(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, 9,853.
(4) For the Air National Guard of the United States,
22,971.
SEC. 414. FISCAL YEAR 2006 LIMITATION ON NUMBER OF NON-DUAL
STATUS TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the
number of non-dual status technicians employed by the
National Guard as of September 30, 2006, may not exceed the
following:
(A) For the Army National Guard of the United States,
1,600.
(B) For the Air National Guard of the United States, 350.
(2) Army reserve.--The number of non-dual status
technicians employed by the Army Reserve as of September 30,
2006, may not exceed 695.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2006, may not exceed 90.
(b) Non-Dual Status Technicians Defined.--In this section,
the term ``non-dual status technician'' has the meaning given
that term in section 10217(a) of title 10, United States
Code.
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2006, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under
section 115(b) of title 10, United States Code, is the
following:
[[Page H3941]]
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Naval Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.
Subtitle C--Authorizations of Appropriations
SEC. 421. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel for fiscal year
2006 a total of $108,824,292,000. 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. Temporary increase in percentage limits on reduction of time-
in-grade requirements for retirement in grade upon
voluntary retirement.
Sec. 502. Two-year renewal of authority to reduce minimum commissioned
service requirement for voluntary retirement as an
officer.
Sec. 503. Separation at age 64 for reserve component senior officers.
Sec. 504. Improved administration of transitions involving officers in
senior general and flag officer positions.
Sec. 505. Consolidation of grade limitations on officer assignment and
insignia practice known as frocking.
Sec. 506. Authority for designation of a general/flag officer position
on the Joint Staff to be held by reserve component
general or flag officer on active duty.
Sec. 507. Authority to retain permanent professors at the Naval Academy
beyond 30 years of active commissioned service.
Sec. 508. Authority for appointment of Coast Guard flag officer as
Chief of Staff to the President.
Sec. 509. Clarification of time for receipt of statutory selection
board communications.
Sec. 510. Standardization of grade of senior dental officer of the Air
Force with that of senior dental officer of the Army.
Subtitle B--Reserve Component Management
Sec. 511. Use of Reserve Montgomery GI Bill benefits and benefits for
mobilized members of the Selected Reserve and National
Guard for payments for licensing or certification tests.
Sec. 512. Modifications to new Reserve educational benefit for certain
active service in support of contingency operations.
Sec. 513. Military technicians (dual status) mandatory separation.
Sec. 514. Military retirement credit for certain service by National
Guard members performed while in a State duty status
immediately after the terrorist attacks of September 11,
2001.
Sec. 515. Use of National Guard to provide military support to civilian
law enforcement agencies for domestic counter-terrorism
activities.
Subtitle C--Education and Training
Sec. 521. Repeal of limitation on amount of financial assistance under
ROTC scholarship programs.
Sec. 522. Increased enrollment for eligible defense industry employees
in the defense product development program at Naval
Postgraduate School.
Sec. 523. Payment of expenses to obtain professional credentials.
Sec. 524. Authority for National Defense University award of degree of
Master of Science in Joint Campaign Planning and
Strategy.
Sec. 525. One-year extension of authority to use appropriated funds to
provide recognition items for recruitment and retention
of certain reserve component personnel.
Sec. 526. Report on rationale and plans of the Navy to provide enlisted
members an opportunity to obtain graduate degrees.
Sec. 527. Increase in annual limit on number of ROTC scholarships under
Army Reserve and National Guard program.
Sec. 528. Capstone overseas field studies trips to People's Republic of
China and Republic of China on Taiwan.
Sec. 529. Sense of Congress concerning establishment of National
College of Homeland Security.
Subtitle D--General Service Requirements
Sec. 531. Uniform enlistment standards for the Armed Forces.
Sec. 532. Increase in maximum term of original enlistment in regular
component.
Sec. 533. Members completing statutory initial military service
obligation.
Sec. 534. Extension of qualifying service for initial military service
under National Call to Service program.
Subtitle E--Matters Relating to Casualties
Sec. 541. Requirement for members of the Armed Forces to designate a
person to be authorized to direct the disposition of the
member's remains.
Sec. 542. Enhanced program of Casualty Assistance Officers and
Seriously Injured/Ill Assistance Officers.
Sec. 543. Standards and guidelines for Department of Defense programs
to assist wounded and injured members.
Sec. 544. Authority for members on active duty with disabilities to
participate in Paralympic Games.
Subtitle F--Military Justice and Legal Assistance Matters
Sec. 551. Clarification of authority of military legal assistance
counsel to provide military legal assistance without
regard to licensing requirements.
Sec. 552. Use of teleconferencing in administrative sessions of courts-
martial.
Sec. 553. Extension of statute of limitations for murder, rape, and
child abuse offenses under the Uniform Code of Military
Justice.
Sec. 554. Offense of stalking under the Uniform Code of Military
Justice.
Sec. 555. Rape, sexual assault, and other sexual misconduct under
Uniform Code of Military Justice.
Subtitle G--Assistance to Local Educational Agencies for Defense
Dependents Education
Sec. 561. Enrollment in overseas schools of Defense Dependents'
Education System of children of citizens or nationals of
the United States hired in overseas areas as full-time
Department of Defense employees.
Sec. 562. Assistance to local educational agencies that benefit
dependents of members of the Armed Forces and Department
of Defense civilian employees.
Sec. 563. Continuation of impact aid assistance on behalf of dependents
of certain members despite change in status of member.
Subtitle H--Decorations and Awards
Sec. 565. Cold War Victory Medal.
Sec. 566. Establishment of Combat Medevac Badge.
Sec. 567. Eligibility for Operation Enduring Freedom campaign medal.
Subtitle I--Other Matters
Sec. 571. Extension of waiver authority of Secretary of Education with
respect to student financial assistance during a war or
other military operation or national emergency.
Sec. 572. Adoption leave for members of the Armed Forces adopting
children.
Sec. 573. Report on need for a personnel plan for linguists in the
Armed Forces.
Sec. 574. Ground combat and other exclusion policies.
Subtitle A--Officer Personnel Policy
SEC. 501. TEMPORARY INCREASE IN PERCENTAGE LIMITS ON
REDUCTION OF TIME-IN-GRADE REQUIREMENTS FOR
RETIREMENT IN GRADE UPON VOLUNTARY RETIREMENT.
Section 1370(a)(2) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(F) Notwithstanding subparagraph (E), during the period
beginning on October 1, 2005, and ending on December 31,
2007, the number of lieutenant colonels and colonels of the
Army, Marine Corps, and Air Force, and the number of
commanders and captains of the Navy, for whom a reduction is
made under this section during any fiscal year in the period
of service-in-grade otherwise required under this paragraph
may not exceed four percent of the authorized active-duty
strength for that fiscal year for officers of that armed
force in that grade.''.
SEC. 502. TWO-YEAR RENEWAL OF AUTHORITY TO REDUCE MINIMUM
COMMISSIONED SERVICE REQUIREMENT FOR VOLUNTARY
RETIREMENT AS AN OFFICER.
Sections 3911(b), 6323(a)(2), and 8911(b) of title 10,
United States Code, are amended by striking ``during the
period beginning on October 1, 1990, and ending on December
31, 2001'' and inserting ``during the period beginning on
October 1, 2005, and ending on December 31, 2007''.
SEC. 503. SEPARATION AT AGE 64 FOR RESERVE COMPONENT SENIOR
OFFICERS.
Section 14512(a) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``Unless retired,'';
(2) by striking ``who is Chief'' and all that follows
through ``of a State,'' and inserting ``who is specified in
paragraph (2)''; and
(3) by adding at the end the following new paragraph:
``(2) Paragraph (1) applies to a reserve officer of the
Army or Air Force who is any of the following:
``(A) The Chief of the National Guard Bureau.
``(B) The Chief of the Army Reserve, Chief of the Air Force
Reserve, Director of the Army National Guard, or Director of
the Air National Guard.
``(C) An adjutant general.
``(D) If a reserve officer of the Army, the commanding
general of the troops of a State.''.
SEC. 504. IMPROVED ADMINISTRATION OF TRANSITIONS INVOLVING
OFFICERS IN SENIOR GENERAL AND FLAG OFFICER
POSITIONS.
(a) Exclusion From Grade Distribution Limitations for
Senior Officers Transitioning Between Positions or Awaiting
Retirement.--Section 525(d) of title 10, United States Code,
is amended to read as follows:
``(d) An officer continuing to hold the grade of general,
admiral, lieutenant general, or vice
[[Page H3942]]
admiral under paragraph (2) or (4) of section 601(b) of this
title shall not be counted for purposes of this section.''.
(b) Appointments to Positions of Importance and
Responsibility.--Section 601 of such title is amended--
(1) in subsection (b)(2), by inserting before the semicolon
at the end the following: ``, but not for more than 30
days''; and
(2) by adding at the end the following new subsection:
``(e)(1) If a transition period for an officer under
subsection (b)(2) or (b)(4) exceeds the maximum period
specified in that subsection, the officer shall revert to the
officer's permanent grade, effective on the day after the
date on which that period is exceeded.
``(2) In each case in which the transition period for an
officer under subsection (b)(2) exceeds 30 days, the
Secretary of Defense shall promptly 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
matter. The report shall include the following:
``(A) The officer's name.
``(B) The date on which the transition period began and the
date on which the 30-day limit was exceeded.
``(C) The former position of the officer and the position
to which the officer has been ordered transferred.
``(D) The reason for extended transition to the position to
which ordered transferred.
``(E) The date on which the officer reverted to the
officer's permanent grade pursuant to paragraph (1). ''.
(c) Prohibition of Frocking to Grades Above Major General
and Rear Admiral.--Section 777(a) of such title is amended by
inserting ``in a grade below the grade of major general or,
in the case of the Navy, rear admiral,'' after ``An officer''
in the first sentence.
SEC. 505. CONSOLIDATION OF GRADE LIMITATIONS ON OFFICER
ASSIGNMENT AND INSIGNIA PRACTICE KNOWN AS
FROCKING.
Section 777(d) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``brigadier generals and Navy rear admirals
(lower half)'' and inserting ``colonels, Navy captains,
brigadier generals, and rear admirals (lower half)'';
(B) by striking ``the grade of'' and all that follows
through ``30'' and inserting ``the next higher grade may not
exceed 85'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
SEC. 506. AUTHORITY FOR DESIGNATION OF A GENERAL/FLAG OFFICER
POSITION ON THE JOINT STAFF TO BE HELD BY
RESERVE COMPONENT GENERAL OR FLAG OFFICER ON
ACTIVE DUTY.
Section 526(b)(2)(A) of title 10, United States Code, is
amended by inserting ``, and a general and flag officer
position on the Joint Staff,'' after ``combatant commands''.
SEC. 507. AUTHORITY TO RETAIN PERMANENT PROFESSORS AT THE
NAVAL ACADEMY BEYOND 30 YEARS OF ACTIVE
COMMISSIONED SERVICE.
(a) Waiver of Mandatory Retirement for Years of Service.--
(1) Lieutenant colonels and commanders.--Section 633 of
title 10, United States Code, is amended--
(A) by striking ``Except an'' and all that follows through
``except as provided'' and inserting ``(a) 28 Years of Active
Commissioned Service.--Except as provided in subsection (b)
and as provided'';
(B) by adding at the end the following:
``(b) Exceptions.--Subsection (a) does not apply to the
following:
``(1) An officer of the Navy or Marine Corps who is an
officer designated for limited duty to whom section 5596(e)
or 6383 of this title applies.
``(2) An officer of the Navy or Marine Corps who is a
permanent professor at the United States Naval Academy.''.
(2) Colonels and navy captains.--Section 634 of title 10,
United States Code, is amended--
(A) by striking ``Except an'' and all that follows through
``except as provided'' and inserting ``(a) 30 Years of Active
Commissioned Service.--Except as provided in subsection (b)
and as provided'';
(B) by adding at the end the following:
``(b) Exceptions.--Subsection (a) does not apply to the
following:
``(1) An officer of the Navy who is designated for limited
duty to whom section 6383(a)(4) of this title applies.
``(2) An officer of the Navy or Marine Corps who is a
permanent professor at the United States Naval Academy.''.
(b) Authority for Retention of Permanent Professors Beyond
30 Years.--
(1) Authority.--Chapter 573 of such title is amended by
inserting after section 6371 the following new section:
``Sec. 6372. Permanent professors of the United States Naval
Academy: retirement for years of service; authority for
deferral
``(a) Retirement for Years of Service.--(1) Except as
provided in subsection (b), an officer of the Navy or Marine
Corps serving as a permanent professor at the Naval Academy
in the grade of commander or lieutenant colonel who is not on
a list of officers recommended for promotion to the grade of
captain or colonel, as the case may be, shall, if not earlier
retired, be retired on the first day of the month after the
month in which the officer completes 28 years of active
commissioned service.
``(2) Except as provided in subsection (b), an officer of
the Navy or Marine Corps serving as a permanent professor at
the Naval Academy in the grade of captain or colonel who is
not on a list of officers recommended for promotion to the
grade of rear admiral (lower half) or brigadier general, as
the case may be, shall, if not earlier retired, be retired on
the first day of the month after the month in which the
officer completes 30 years of active commissioned service.
``(b) Continuation on Active Duty.--(1) An officer subject
to retirement under subsection (a) may have his retirement
deferred and be continued on active duty by the Secretary of
the Navy.
``(2) Subject to section 1252 of this title, the Secretary
of the Navy shall determine the period of any continuation on
active duty under this section.
``(c) Eligibility for Promotion.--A permanent professor at
the Naval Academy in the grade of commander or lieutenant
colonel who is continued on active duty as a permanent
professor under subsection (b) remains eligible for
consideration for promotion to the grade of captain or
colonel, as the case may be.
``(d) Retired Grade and Retired Pay.--Each officer retired
under this section--
``(1) unless otherwise entitled to a higher grade, shall be
retired in the grade determined under section 1370 of this
title; and
``(2) is entitled to retired pay computed under section
6333 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 6371 the following new item:
``6372. Permanent professors of the United States Naval Academy:
retirement for years of service; authority for
deferral.''.
(c) Mandatory Retirement at Age 64.--
(1) Reorganization and standardization.--Chapter 63 of such
title is amended by inserting after section 1251 the
following new section:
``Sec. 1252. Age 64: permanent professors at academies
``(a) Mandatory Retirement for Age.--Unless retired or
separated earlier, each regular commissioned officer of the
Army, Navy, Air Force, or Marine Corps covered by subsection
(b) shall be retired on the first day of the month following
the month in which the officer becomes 64 years of age.
``(b) Covered Officers.--This section applies to the
following officers:
``(1) An officer who is a permanent professor or the
director of admissions of the United States Military Academy.
``(2) An officer who is a permanent professor at the United
States Naval Academy.
``(3) An officer who is a permanent professor or the
registrar of the United States Air Force Academy.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1251 the following new item:
``1254. Age 64: permanent professors at academies.''.
(3) Conforming amendment.--Section 1251(a) of such title is
amended by striking the second sentence.
(d) Conforming Amendments Relating to Computation of
Retired Pay.--
(1) Age 64 retirement.--Chapter 71 of such title is
amended--
(A) in the table in section 1401(a), by inserting at the
bottom of the column under the heading ``For sections'', in
the entry for Formula Number 5, the following: ``1252''; and
(B) in the table in section 1406(b)(1), by inserting at the
bottom of the first column the following: ``1252'';
(2) Years-of-service retirement.--Section 6333(a) of such
title is amended--
(A) in the matter preceding the table, by inserting ``6372
or'' after ``section''; and
(B) in the table, by inserting ``6372'' immediately below
``6325(b)'' in the column under the heading ``For sections'',
in the entry for Formula B.
SEC. 508. AUTHORITY FOR APPOINTMENT OF COAST GUARD FLAG
OFFICER AS CHIEF OF STAFF TO THE PRESIDENT.
(a) Authority.--Chapter 3 of title 14, United States Code,
is amended by adding at the end the following new section:
``Sec. 54. Chief of Staff to President: appointment
``The President, by and with the advice and consent of the
Senate, may appoint a flag officer of the Coast Guard as the
Chief of Staff to the President.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``54. Chief of Staff to President: appointment.''.
SEC. 509. CLARIFICATION OF TIME FOR RECEIPT OF STATUTORY
SELECTION BOARD COMMUNICATIONS.
(a) Officers on Active-Duty List.--Section 614(b) of title
10, United States Code, is amended in the first sentence by
inserting ``11:59 p.m. on the day before'' after ``to arrive
not later than''.
(b) Officers on Reserve Active-Status List.--Section 14106
of such title is amended in the second sentence by inserting
``11:59 p.m. on the day before'' after ``so as to arrive not
later than''.
SEC. 510. STANDARDIZATION OF GRADE OF SENIOR DENTAL OFFICER
OF THE AIR FORCE WITH THAT OF SENIOR DENTAL
OFFICER OF THE ARMY.
(a) Air Force Assistant Surgeon General for Dental
Services.--Section 8081 of title 10, United States Code, is
amended by striking ``brigadier general'' in the second
sentence and inserting ``major general''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the occurrence of the next
vacancy in the position of Assistant Surgeon General for
Dental Services in the Air Force that occurs after the date
of the enactment of this Act or, if earlier, on the date of
the appointment to the grade of major general of the officer
who is the incumbent in that position on the date of the
enactment of the Act.
[[Page H3943]]
Subtitle B--Reserve Component Management
SEC. 511. USE OF RESERVE MONTGOMERY GI BILL BENEFITS AND
BENEFITS FOR MOBILIZED MEMBERS OF THE SELECTED
RESERVE AND NATIONAL GUARD FOR PAYMENTS FOR
LICENSING OR CERTIFICATION TESTS.
(a) Chapter 1606.--Section 16131 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(j)(1) Subject to paragraph (3), the amount of
educational assistance payable under this chapter for a
licensing or certification test described in section 3452(b)
of title 38 is the lesser of $2,000 or the fee charged for
the test.
``(2) The number of months of entitlement charged in the
case of any individual for such licensing or certification
test is equal to the number (including any fraction)
determined by dividing the total amount of educational
assistance paid such individual for such test by the full-
time monthly institutional rate of educational assistance
which, but for paragraph (1), such individual would otherwise
be paid under subsection (b).
``(3) In no event shall payment of educational assistance
under this subsection for such a test exceed the amount of
the individual's available entitlement under this chapter.''.
(b) Chapter 1607.--Section 16162 of such title is amended
by adding at the end the following new subsection:
``(e) The provisions of section 16131(j) of this title
shall apply to the provision of educational assistance under
this chapter, except that, in applying such section under
this chapter, the reference to subsection (b) in paragraph
(2) of such section is deemed to be a reference to subsection
(c) of this section.''.
(c) Effective Date.--The amendments made by this section
shall apply to tests administered on or after October 1,
2005.
SEC. 512. MODIFICATIONS TO NEW RESERVE EDUCATIONAL BENEFIT
FOR CERTAIN ACTIVE SERVICE IN SUPPORT OF
CONTINGENCY OPERATIONS.
(a) Eligibility Criteria.--Subsection (a) of section 16163
of title 10, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking ``On
or after September 11, 2001, a member'' and inserting ``A
member'';
(2) in paragraph (1), by striking ``served on active duty
in support of a contingency operation'' and inserting ``was
called or ordered to active duty on or after September 11,
2001, in support of a contingency operation and served on
active duty in support of that contingency operation''; and
(3) in paragraph (2), by inserting ``on or after September
11, 2001,'' after ``Secretary of Defense''.
(b) Administration of Specified Benefits Election.--
Subsection (e) of such section is amended by striking
``Secretary concerned'' and inserting ``Secretary of Veterans
Affairs''.
(c) Exception to Immediate Termination of Assistance.--
Section 16165 of such title is amended--
(1) by striking ``Educational assistance'' and inserting
``(a) Termination.--Except as provided in subsection (b),
educational assistance''; and
(2) by adding at the end the following new subsection:
``(b) Exception for Selected Reserve Members Continuing in
Ready Reserve.--Under regulations prescribed by the Secretary
of Defense, educational assistance may be provided under this
chapter to a member of the Selected Reserve when the member
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.''.
SEC. 513. MILITARY TECHNICIANS (DUAL STATUS) MANDATORY
SEPARATION.
(a) Deferral of Separation.--Section 10216 of title 10,
United States Code, is amended by adding at the end the
following new subsection:
``(f) Deferral of Mandatory Separation.--The Secretary of
the Army shall implement personnel policies so as to allow a
military technician (dual status) who continues to meet the
requirements of this section for dual status to continue to
serve beyond a mandatory removal date for officers, and any
applicable maximum years of service limitation, until the
military technician (dual status) reaches age 60 and attains
eligibility for an unreduced annuity (as defined in section
10218(c) of this title).''.
(b) Effective Date.--The Secretary of the Army shall
implement subsection (f) of section 10216 of title 10, United
States Code, as added by subsection (a), not later than 90
days after the date of the enactment of this Act.
SEC. 514. MILITARY RETIREMENT CREDIT FOR CERTAIN SERVICE BY
NATIONAL GUARD MEMBERS PERFORMED WHILE IN A
STATE DUTY STATUS IMMEDIATELY AFTER THE
TERRORIST ATTACKS OF SEPTEMBER 11, 2001.
(a) Retirement Credit.--Service of a member of the Ready
Reserve of the Army National Guard or Air National Guard
described in subsection (b) shall be deemed to be service
creditable under section 12732(a)(2)(A)(i) of title 10,
United States Code.
(b) Covered Service.--Service referred to in subsection (a)
is full-time State active duty service that a member of the
National Guard performed on or after September 11, 2001, and
before October 1, 2002, in any of the counties specified in
subsection (c) to support a Federal declaration of emergency
following the terrorist attacks on the United States of
September 11, 2001.
(c) Covered Counties.--The counties referred to in
subsection (b) are the following:
(1) In the State of New York: Bronx, Kings, New York
(boroughs of Brooklyn and Manhattan), Queens, Richmond,
Delaware, Dutchess, Nassau, Orange, Putnam, Rockland,
Suffolk, Sullivan, Ulster, and Westchester
(2) In the State of Virginia: Arlington.
(d) Applicability.--Subsection (a) shall take effect as of
September 11, 2001.
SEC. 515. USE OF NATIONAL GUARD TO PROVIDE MILITARY SUPPORT
TO CIVILIAN LAW ENFORCEMENT AGENCIES FOR
DOMESTIC COUNTER-TERRORISM ACTIVITIES.
(a) In General.--Title 32, United States Code, is amended
by adding the following new section:
``Sec. 116. Use of National Guard to provide military support
to civilian law enforcement agencies for domestic counter-
terrorism activities
``(a) Provision of Support.--The Governor of a State may
order the National Guard of such State to perform full-time
National Guard duty under section 502(f) of this title for
the purpose of providing, on a reimbursable basis, military
support to a civilian law enforcement agency for domestic
counter-terrorism activities. Members of the National Guard
performing full-time National Guard duty in the Active Guard
and Reserve Program may support or execute military support
to civilian law enforcement agencies for domestic counter-
terrorism activities performed by the National Guard under
this section.
``(b) Reimbursement.--Notwithstanding any other provision
of law, the Chief of the National Guard Bureau, or the
designee of the Chief in the State concerned, shall accept
monetary reimbursements for the costs incurred by the
National Guard to provide support under subsection (a). Such
monetary reimbursements will be deposited into the
appropriations used to fund activities under this title and
may be used in the fiscal year in which received. The
Secretary of Defense may waive the reimbursement requirement
under this section.
``(c) Condition of Provision of Support.--Military support
to civilian law enforcement agencies for domestic counter-
terrorism activities may not be provided under subsection (a)
if the provision of such support will affect adversely the
military preparedness of the United States. To ensure that
the use of units and personnel of the National Guard under
such subsection does not degrade training and readiness, the
following requirements shall apply in determining the
activities that units and personnel of the National Guard of
a State may perform:
``(1) The performance of the activities may not affect
adversely the quality of training or otherwise interfere with
the ability of a member or unit of the National Guard to
perform the military functions of the member or unit.
``(2) The performance of the activities will not degrade
the military skills of the members of the National Guard
performing those activities.
``(d) Statutory Construction.-- Nothing in this section
shall be construed as a limitation on the authority of any
unit or member of the National Guard of a State, when not in
Federal service, to perform functions authorized to be
performed by the National Guard by the laws of the State
concerned. Nothing in this section shall be construed as a
limitation on the authority of any unit or member of the
National Guard of a State, when not in Federal service, to
provide military assistance or support to civil authority in
the normal course of military training or operations on a
non-reimbursable basis.
``(e) Definitions.--In this section:
``(1) The term 'State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, or
a territory or possession of the United States.
``(2) The term 'domestic counter-terrorism' means measures
taken to prevent, deter, and respond to terrorism within a
State.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 1 of such title is amended by adding at
the end the following new item:
``116. Use of National Guard to provide military support to civilian
law enforcement agencies for domestic counter-terrorism
activities.''.
(c) Conforming Amendment to Title 10.--Section 115(i) of
title 10, United States Code, is amended by inserting ``or
providing military support to civilian law enforcement
agencies for domestic counter-terrorism activities under
section 116 of such title'' after ``title 32''.
Subtitle C--Education and Training
SEC. 521. REPEAL OF LIMITATION ON AMOUNT OF FINANCIAL
ASSISTANCE UNDER ROTC SCHOLARSHIP PROGRAMS.
(a) General Rotc Program.--Section 2107(c) of title 10,
United States Code, is amended--
(1) by striking paragraph (4); and
(2) in paragraph (5)(B), by striking ``, (3), or (4)'' and
inserting ``or (3)''.
(b) Army Reserve and Army National Guard Program.--Section
2107a(c) of such title is amended by striking paragraph (3).
(c) Effective Date.--Paragraph (4) of section 2107(c) of
title 10, United States Code, and paragraph (3) of section
2107a(c) of such title, as in effect on the day before the
date of the enactment of this Act, shall continue to apply in
the case of any individual selected before the date of the
enactment of this Act for appointment as a cadet or
midshipman under section 2107 or 2107a of such title.
SEC. 522. INCREASED ENROLLMENT FOR ELIGIBLE DEFENSE INDUSTRY
EMPLOYEES IN THE DEFENSE PRODUCT DEVELOPMENT
PROGRAM AT NAVAL POSTGRADUATE SCHOOL.
Section 7049(a) of title 10, United States Code, is
amended--
(1) by inserting ``and systems engineering'' after
``curriculum related to defense product development''; and
(2) by striking ``10'' and inserting ``25''.
SEC. 523. PAYMENT OF EXPENSES TO OBTAIN PROFESSIONAL
CREDENTIALS.
(a) In General.--Chapter 101 of title 10, United States
Code, is amended by adding at the end the following new
section:
[[Page H3944]]
``Sec. 2015. Payment of expenses to obtain professional
credentials
``(a) Authority.--The Secretary of Defense and the
Secretary of Homeland Security, with respect to the Coast
Guard when it is not operating as a service in the Navy, may
pay for--
``(1) expenses for members of the armed forces to obtain
professional credentials, including expenses for professional
accreditation, State-imposed and professional licenses, and
professional certification; and
``(2) examinations to obtain such credentials.
``(b) Limitation.--The authority under subsection (a) may
not be used to pay the expenses of a member to obtain
professional credentials that are a prerequisite for
appointment in the armed forces.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2015. Payment of expenses to obtain professional credentials.''.
SEC. 524. 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. 525. ONE-YEAR EXTENSION OF AUTHORITY TO USE APPROPRIATED
FUNDS TO PROVIDE RECOGNITION ITEMS FOR
RECRUITMENT AND RETENTION OF CERTAIN RESERVE
COMPONENT PERSONNEL.
Section 18506(d) of title 10, United States Code, and
section 717(e) of title 32, United States Code, are each
amended by striking ``December 31, 2005'' and inserting
``December 31, 2006''.
SEC. 526. REPORT ON RATIONALE AND PLANS OF THE NAVY TO
PROVIDE ENLISTED MEMBERS AN OPPORTUNITY TO
OBTAIN GRADUATE DEGREES.
(a) Report.--The Secretary of the Navy 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 plans, if any, of the Secretary, and the rationale for
those plans, for a program to provide enlisted members of the
Navy with opportunities to pursue graduate degree programs
either through Navy schools or paid for by the Navy in return
for an additional service obligation. The report shall
include the following:
(1) The underlying philosophy and objectives supporting a
decision to provide opportunities for graduate degrees to
enlisted members of the Navy.
(2) An overall description of how the award of a graduate
degree to an enlisted member would fit in an integrated,
progressive, coordinated, and systematic way into the goals
and requirements of the Navy for enlisted career development
and for professional education, together with a discussion of
a wider requirement, if any, for programs for the award of
associate and baccalaureate degrees to enlisted members,
particularly in the career fields under consideration for the
pilot program referred to in subsection (b).
(3) A discussion of the scope and details of the plan to
ensure that Navy enlisted members have the requisite academic
baccalaureate degrees as a prerequisite for undertaking
graduate-level work.
(4) Identification of the specific enlisted career fields
for which the Secretary has determined that a graduate degree
should be a requirement, as well as the rationale for that
determination.
(5) A description of the concept of the Secretary of the
Navy for the process and mechanism of providing graduate
degrees to enlisted members, including, as a minimum, the
Secretary's plan for whether the degree programs would be
provided through civilian or military degree-granting
institutions and whether through in-resident or distance
learning or some combination thereof.
(6) A description of the plan to ensure proper and
effective utilization of enlisted members following the award
of a graduate degree.
(b) Report on Pilot Program.--In addition to the report
under subsection (a), the Secretary of the Navy may submit a
plan for a pilot program to make available opportunities to
pursue graduate degree programs to a limited number of Navy
enlisted members in a specific, limited set of critical
career fields. Such a plan shall include, as a minimum, the
following:
(1) The specific objectives of the pilot program.
(2) An identification of the specific enlisted career
fields from which candidates for the program would be drawn,
the numbers and prerequisite qualifications of initial
candidates, and the process for selecting the enlisted
members who would initially participate.
(3) The process and mechanism for providing the degrees,
described in the same manner as specified under subsection
(a)(5), and a general description of course content.
(4) An analysis of the cost effectiveness of using Navy,
other service, or civilian degree granting institutions in
the pilot.
(5) The plan for post-graduation utilization of the
enlisted members who obtain graduate degrees under the
program.
(6) The criteria and plan for assessing whether the
objectives of the pilot program are met.
SEC. 527. INCREASE IN ANNUAL LIMIT ON NUMBER OF ROTC
SCHOLARSHIPS UNDER ARMY RESERVE AND NATIONAL
GUARD PROGRAM.
Section 2107a(h) of title 10, United States Code, is
amended by striking ``208'' and inserting ``416''.
SEC. 528. CAPSTONE OVERSEAS FIELD STUDIES TRIPS TO PEOPLE'S
REPUBLIC OF CHINA AND REPUBLIC OF CHINA ON
TAIWAN.
Section 2153 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) Overseas Field Studies to China and Taiwan.--The
Secretary of Defense shall direct the National Defense
University to ensure that visits to China and Taiwan are an
integral part of the field study programs conducted by the
university as part of the military education course carried
out pursuant to subsection (a) and that such field study
programs include annually at least one class field study trip
to the People's Republic of China and at least one class
field study trip to the Republic of China on Taiwan.''.
SEC. 529. SENSE OF CONGRESS CONCERNING ESTABLISHMENT OF
NATIONAL COLLEGE OF HOMELAND SECURITY.
It is the sense of Congress that the Secretary of Defense,
in consultation with the Secretary of Homeland Security,
should establish within the National Defense University an
educational institution, to be known as the National College
of Homeland Security, to have the mission of providing
strategic-level homeland security and homeland defense
education and related research to civilian and military
leaders from all agencies of government in order to
contribute to the development of a common understanding of
core homeland security principles and of effective
interagency and multijurisdictional homeland security
strategies, policies, doctrines, and processes.
Subtitle D--General Service Requirements
SEC. 531. UNIFORM ENLISTMENT STANDARDS FOR THE ARMED FORCES.
(a) Uniform Standards.--Section 504 of title 10, United
States Code, is amended--
(1) by inserting ``(a)'' at the beginning of the text; and
(2) by adding at the end the following new subsection:
``(b)(1) Except as provided under paragraph (2), a person
may not be enlisted in any armed force unless that person is
one of the following:
``(A) A national of the United States, as defined in
section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).
``(B) An alien who is lawfully admitted for permanent
residence, as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
``(C) A person described in section 341 of one of the
following:
``(i) The Compact of Free Association between the Federated
States of Micronesia and the United States (section 201(a) of
Public Law 108-188 (117 Stat. 2784; 48 U.S.C. 1921 note)).
``(ii) The Compact of Free Association between the Republic
of the Marshall Islands and the United States (section 201(b)
of Public Law 108-188 (117 Stat. 2823; 48 U.S.C. 1921 note)).
``(iii) The Compact of Free Association between Palau and
the United States (section 201 of Public Law 99-658 (100
Stat. 3678; 48 U.S.C. 1931 note)).
``(2) The Secretary concerned may authorize the enlistment
of persons not described in paragraph (1) when the Secretary
determines that such enlistment is vital to the national in-
terest.''.
(b) Conforming Repeal of Service-Specific Provisions.--
(1) Repeal.--Sections 3253 and 8253 of such title are
repealed.
(2) Clerical amendments.--The table of sections at the
beginning of chapter 333 is amended by striking the item
relating to section 3253. The table of sections at the
beginning of chapter 833 is amended by striking the item
relating to section 8253.
SEC. 532. INCREASE IN MAXIMUM TERM OF ORIGINAL ENLISTMENT IN
REGULAR COMPONENT.
Section 505(c) of title 10, United States Code, is amended
by striking ``six years'' and inserting ``eight years''.
SEC. 533. MEMBERS COMPLETING STATUTORY INITIAL MILITARY
SERVICE OBLIGATION.
(a) Notification to Initial Entrants.--Section 651(a) of
title 10, United States Code, is
[[Page H3945]]
amended by adding at the end the following new subsection:
``(c) Each person covered by subsection (a), upon
commencing that person's initial period of service as a
member of the armed forces, shall be provided the date on
which the initial military service obligation of that person
under this section ends.''.
(b) Notification to Individual Ready Reserve Members.--
Section 10144 of such title is amended by adding at the end
the following new subsection:
``(c) In the case of a member of the armed forces who is
serving in the Individual Ready Reserve to complete the
initial military service obligation of that member under
section 651 of this title, the Secretary concerned shall--
``(1) notify the member when the period of that service
obligation is completed; and
``(2) before the date when that period is completed,
provide to that member an opportunity, if the member is
qualified, to--
``(A) continue voluntarily in the Ready Reserve; or
``(B) transfer voluntarily to an active component.''.
(c) Prohibition of Certain Involuntary Personnel Actions.--
(1) In general.--Chapter 1215 of such title is amended by
adding at the end the following new section:
``Sec. 12553. Members of Individual Ready Reserve completing
initial military service obligation: prohibition of certain
involuntary personnel actions
``(a) Prohibition.--In the case of a member of the armed
forces who is serving in the Individual Ready Reserve to
complete the initial military service obligation of that
member under section 651 of this title, the Secretary
concerned may not, after the end of the period of that
service obligation, issue the member an order for an action
specified in subsection (b) unless the member, before the end
of that period, has entered into a service agreement that
commits the member to military service beyond the end of that
period.
``(b) Covered Actions.--Subsection (a) applies to an
involuntary mobilization in accordance with section 12301(a),
12301(b), 12302, or 12304 of this title, or a recall to
active duty, that commences after the date of the end of the
period of the military service obligation or a transfer to
the Selected Reserve. ''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``12553. Members of Individual Ready Reserve completing initial
military service obligation: prohibition of certain
involuntary personnel actions.''.
(3) Effective date.--Section 12533 of title 10, United
States Code, as added by paragraph (1), shall apply with
respect to orders issued by the Secretary concerned after the
date of the enactment of this Act.
SEC. 534. EXTENSION OF QUALIFYING SERVICE FOR INITIAL
MILITARY SERVICE UNDER NATIONAL CALL TO SERVICE
PROGRAM.
Section 510(d) of title 10, United States Code, is amended
by inserting before the period at the end the following:
``and shall include military occupational specialties for
enlistments for officer training and subsequent service as an
officer, in cases in which the reason for the enlistment and
entry into an agreement under subsection (b) is to enter an
officer training program''.
Subtitle E--Matters Relating to Casualties
SEC. 541. REQUIREMENT FOR MEMBERS OF THE ARMED FORCES TO
DESIGNATE A PERSON TO BE AUTHORIZED TO DIRECT
THE DISPOSITION OF THE MEMBER'S REMAINS.
(a) Designation Required.--Section 655 of title 10, United
States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) The Secretary concerned shall, upon the enlistment or
appointment of a person in the armed forces, require that the
person specify in writing the person authorized to direct the
disposition of the person's remains under section 1482 of
this title. The Secretary shall periodically, and whenever
the member is deployed as part of a contingency operation or
in other circumstances specified by the Secretary, require
that such designation be reconfirmed, or modified, by the
member.''.
(b) Change in Designation.--Subsection (c) of such section,
as redesignated by subsection (a)(1), is amended by inserting
``or (b)'' after ``subsection (a)''.
(c) Persons Authorized to Direct Disposition of Remains.--
Section 1482(c) of such title is amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following:
``(c) The person designated under section 655(b) of this
title shall be considered for all purposes to be the person
designated under this subsection to direct disposition of the
remains of a decedent covered by this chapter. If the person
so designated is not available, or if there was no such
designation under that section, one of the following persons,
in the order specified, shall be the person designated to
direct the disposition of remains:''; and
(2) in paragraph (4), by striking ``clauses (1)-(3)'' and
inserting ``paragraph (1), (2), or (3)''.
(d) Effective Date.--Subsection (b) of section 655 of title
10, United States Code, as added by subsection (a)(2), shall
take effect at the end of the 30-day period beginning on the
date of the enactment of this Act and shall be applied to
persons enlisted or appointed in the Armed Forces after the
end of such period. In the case of persons who are members of
the Armed Forces as of the end of such 30-day period, such
subsection--
(1) shall be applied to any member who is deployed to a
contingency operation after the end of such period; and
(2) in the case of any member not sooner covered under
paragraph (1), shall be applied before the end of the 180-day
period beginning on the date of the enactment of this Act.
(e) Treatment of Prior Designations.--
(1) A qualifying designation by a decedent covered by
section 1481 of title 10, United States Code, shall be
treated for purposes of section 1482 of such title as having
been made under section 655(b) of such title.
(2) Qualifying designations.--For purposes of paragraph
(1), a qualifying designation is a designation by a person of
the person to be authorized to direct disposition of the
remains of the person making the designation that was made
before the date of the enactment of this Act and in
accordance with regulations and procedures of the Department
of Defense in effect at the time.
SEC. 542. ENHANCED PROGRAM OF CASUALTY ASSISTANCE OFFICERS
AND SERIOUSLY INJURED/ILL ASSISTANCE OFFICERS.
(a) Required Standards and Training.--
(1) In general.--Subchapter I of chapter 88 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1790. Casualty Assistance Officers; Seriously Injured/
Ill Assistance Officers
``(a) Assignment of CAOs.--Whenever a member of the Army,
Navy, Air Force, or Marine Corps dies while on active duty or
otherwise under circumstances for which a death gratuity
under section 1475 or 1476 of this title is to be paid, the
Secretary of the military department concerned shall provide
for the assignment of a Casualty Assistance Officer to assist
the family members of the deceased member.
``(b) Assignment of SIAOs.--Whenever a member of the Army,
Navy, Air Force, or Marine Corps is seriously injured or
becomes seriously ill while on active duty or otherwise under
circumstances for which, if the member died, a death gratuity
under section 1475 or 1476 of this title would be paid, the
Secretary of the military department concerned shall provide
for the assignment of a Seriously Injured/Ill Assistance
Officer to assist the member and the member's family members.
``(c) Persons Who May Be Assigned.--The Secretary concerned
may only assign as a Casualty Assistance Officer or Seriously
Injured/Ill Assistance Officer a member of the armed forces
who is an officer or a noncommissioned officers in pay grade
E-7 or above or a person who is a Federal civilian employee.
``(d) Duties and Functions .--The Secretary of Defense
shall prescribe the duties and functions of Casualty
Assistance Officers and Seriously Injured/Ill Assistance
Officers. Such functions shall include the following
functions for family members:
``(1) Information source.
``(2) Counsellor.
``(3) Advisor on obtaining needed information and services.
``(4) Administrative assistant.
``(5) Advocate for family members with military
authorities.
``(e) Duration and Location of Assistance.--Once a family
is assigned a Casualty Assistance Officer or Seriously
Injured/Ill Assistance Officer, the Secretary concerned shall
ensure that such an officer is continuously assigned to that
family, regardless of family location, until the Secretary
determines that the family is no longer in need of assistance
from such an officer.
``(f) Training and Oversight.--(1) The Secretary of Defense
shall establish standards for performance of the duties of
Casualty Assistance Officers and Seriously Injured/Ill
Assistance Officers, and shall monitor the training programs
of the military departments for persons assigned to duty as
such officers, in order to ensure that Casualty Assistance
Officers and Seriously Injured/Ill Assistance Officers are
properly trained.
``(2) The Secretary of each military department shall--
``(A) ensure that Casualty Assistance Officers and
Seriously Injured/Ill Assistance Officers are properly
trained; and
``(B) monitor the performance of persons assigned to duty
as Casualty Assistance Officers and Seriously Injured/Ill
Assistance Officers.
``(g) Criteria for Determination of Serious Injury or
Illness.--The Secretary of Defense shall specify criteria for
determination for purposes of this section of whether a
member is seriously injured or seriously ill. ''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1790. Casualty Assistance Officers; Seriously Injured/Ill Assistance
Officers.''.
(b) Implementation.--The Secretary of Defense shall
prescribe regulations for the implementation of section 1790
of title 10, United States Code, as added by subsection (a),
not later than180 days after the date of the enactment of
this Act.
SEC. 543. STANDARDS AND GUIDELINES FOR DEPARTMENT OF DEFENSE
PROGRAMS TO ASSIST WOUNDED AND INJURED MEMBERS.
The Secretary of Defense shall examine the programs of the
Army, Navy, Air Force, and Marine Corps that provide
assistance to members of the Armed Forces who incur severe
wounds or injuries in the line of duty, including the Army
Disabled Soldier Support Program and the Marine for Life
Injured Support Program, and (based on such examination)
shall develop standards and guidelines as necessary to
coordinate and standardize those programs with the
[[Page H3946]]
activities of the Severely Injured Joint Support Operations
Center of the Department of Defense, established as of
February 1, 2005. The Secretary shall publish regulations to
implement the standards and guidelines developed pursuant to
the preceding sentence not later than 180 days after the date
of the enactment of this Act.
SEC. 544. AUTHORITY FOR MEMBERS ON ACTIVE DUTY WITH
DISABILITIES TO PARTICIPATE IN PARALYMPIC
GAMES.
Section 717(a) of title 10, United States Code, is amended
by striking ``participate in--'' and all that follows through
``(2) any other'' and inserting ``participate in any of the
following sports competitions:
``(1) The Pan-American Games and the Olympic Games, and
qualifying events and preparatory competition for those
games.
``(2) The Paralympic Games, if eligible to participate in
those games, and qualifying events and preparatory
competition for those games.
``(3) Any other''.
Subtitle F--Military Justice and Legal Assistance Matters
SEC. 551. CLARIFICATION OF AUTHORITY OF MILITARY LEGAL
ASSISTANCE COUNSEL TO PROVIDE MILITARY LEGAL
ASSISTANCE WITHOUT REGARD TO LICENSING
REQUIREMENTS.
Section 1044 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e)(1) Notwithstanding any law regarding the licensure of
attorneys, a judge advocate or civilian attorney who is
authorized to provide military legal assistance is authorized
to provide that assistance in any jurisdiction, subject to
such regulations as may be prescribed by the Secretary
concerned.
``(2) In this subsection, the term `military legal
assistance' includes--
``(A) legal assistance provided under this section; and
``(B) legal assistance contemplated by sections 1044a,
1044b, 1044c, and 1044d of this title.''.
SEC. 552. USE OF TELECONFERENCING IN ADMINISTRATIVE SESSIONS
OF COURTS-MARTIAL.
Section 839 of title 10, United States Code (article 39 of
the Uniform Code of Military Justice), is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by designating the matter following paragraph (4) of
subsection (a) as subsection (b); and
(3) in subsection (b), as so redesignated--
(A) by striking ``These proceedings shall be conducted''
and inserting ``Proceedings under subsection (a) shall be
conducted''; and
(B) by adding at the end the following new sentence: ``If
authorized by regulations of the Secretary concerned, and if
the defense counsel is physically in the presence of the
accused, the presence required by this subsection may
otherwise be established by audiovisual technology (such as
videoteleconferencing technology).''.
SEC. 553. EXTENSION OF STATUTE OF LIMITATIONS FOR MURDER,
RAPE, AND CHILD ABUSE OFFENSES UNDER THE
UNIFORM CODE OF MILITARY JUSTICE.
(a) No Limitation for Murder, Rape, or Rape of a Child.--
Section 843 of title 10, United States Code (article 43 of
the Uniform Code of Military Justice), is amended in
subsection (a) by inserting after ``in a time of war,'' the
following: ``with murder, rape, or rape of a child,''.
(b) Special Rules for Child Abuse Offenses.--Such section
is further amended in subsection (b)(2)--
(1) in subparagraph (A), by striking ``before the child
attains the age of 25 years'' and inserting ``during the life
of the child or within five years after the date on which the
offense was committed, whichever provides a longer period,'';
(2) In subparagraph (B)--
(A) in the matter preceding clause (i), by striking
``sexual or physical'';
(B) in clause (i), by striking ``Rape or carnal knowledge''
and inserting ``Any offense''; and
(C) in clause (v), by striking ``Indecent assault,'' and
inserting ``Kidnapping; indecent assault;''; and
(3) by adding at the end the following new subparagraph:
``(C) In subparagraph (A), the term `child abuse offense'
includes an act that involves abuse of a person who has not
attained the age of 18 years and would constitute an offense
under chapter 110 or 117, or under section 1591, of title
18.''.
SEC. 554. OFFENSE OF STALKING UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.
(a) In General.--(1) Subchapter X of chapter 47 of title
10, United States Code (the Uniform Code of Military
Justice), is amended by inserting after section 928 (article
128) the following new section:
``Sec. 928a. Art. 128a. Stalking
``Any person subject to this chapter who, on two or more
occasions, engages in one or more threatening acts with
respect to a specific person--
``(1) that the person knows or should know would place the
specific person in emotional distress or in reasonable fear
of death or bodily harm to the specific person or to an
immediate family member or intimate partner of the specific
person; and
``(2) that places the specific person in emotional distress
or in reasonable fear of death or bodily harm to the specific
person or to an immediate family member or intimate partner
of the specific person;
is guilty of stalking and shall be punished as a court-
martial may direct.''.
(2) The table of sections at the beginning of such
subchapter is amended by inserting after the item relating to
section 928 the following new item:
``928a. Art. 128a. Stalking.''.
(b) Applicability.--Section 928a of title 10, United States
Code (article 128a of the Uniform Code of Military Justice),
as added by subsection (a), applies to offenses committed
after the date that is six months after the date of the
enactment of this Act.
SEC. 555. RAPE, SEXUAL ASSAULT, AND OTHER SEXUAL MISCONDUCT
UNDER UNIFORM CODE OF MILITARY JUSTICE.
(a) Revision to UCMJ.--
(1) In general.--Section 920 of title 10, United States
Code (article 120 of the Uniform Code of Military Justice),
is amended to read as follows:
``Sec. 920. Art. 120. Rape, sexual assault, and other sexual
misconduct
``(a) Rape.--Any person subject to this chapter who causes
another person of any age to engage in a sexual act by--
``(1) using force against that other person;
``(2) causing grievous bodily harm to any person;
``(3) threatening or placing that other person in fear that
any person will be subjected to death, grievous bodily harm,
or kidnapping;
``(4) rendering another person unconscious; or
``(5) administering to another person by force or threat of
force, or without the knowledge or permission of that person,
a drug, intoxicant, or other similar substance and thereby
substantially impairs the ability of that other person to
appraise or control conduct,
is guilty of rape and shall be punished as a court-martial
may direct.
``(b) Rape of a Child.--Any person subject to this chapter
who--
``(1) engages in a sexual act with a child who has not
attained the age of twelve years; or
``(2) engages in a sexual act under the circumstances
described in subsection (a) with a child who has attained the
age of twelve years,
is guilty of rape of a child and shall be punished as a
court-martial may direct.
``(c) Aggravated Sexual Assault.--Any person subject to
this chapter who--
``(1) causes another person of any age to engage in a
sexual act by--
``(A) threatening or placing that other person in fear
(other than by threatening or placing that other person in
fear that any person will be subjected to death, grievous
bodily harm, or kidnapping); or
``(B) causing bodily harm; or
``(2) engages in a sexual act with another person of any
age if that other person is substantially incapacitated or
substantially incapable of--
``(A) appraising the nature of the sexual act;
``(B) declining participation in the sexual act; or
``(C) communicating unwillingness to engage in the sexual
act,
is guilty of aggravated sexual assault and shall be punished
as a court-martial may direct.
``(d) Aggravated Sexual Assault of a Child.--Any person
subject to this chapter who engages in a sexual act with a
child who has attained the age of twelve years is guilty of
aggravated sexual assault of a child and shall be punished as
a court-martial may direct.
``(e) Aggravated Sexual Contact.--Any person subject to
this chapter who engages in or causes sexual contact with or
by another person, if to do so would violate subsection (a)
(rape) had the sexual contact been a sexual act, is guilty of
aggravated sexual contact and shall be punished as a court-
martial may direct.
``(f) Aggravated Sexual Abuse of a Child.--Any person
subject to this chapter who engages in a lewd act with a
child is guilty of aggravated sexual abuse of a child and
shall be punished as a court-martial may direct.
``(g) Aggravated Sexual Contact With a Child.--Any person
subject to this chapter who engages in or causes sexual
contact with or by another person, if to do so would violate
subsection (b) (rape of a child) had the sexual contact been
a sexual act, is guilty of aggravated sexual contact with a
child and shall be punished as a court-martial may direct.
``(h) Abusive Sexual Contact.--Any person subject to this
chapter who engages in or causes sexual contact with or by
another person, if to do so would violate subsection (c)
(aggravated sexual assault) had the sexual contact been a
sexual act, is guilty of abusive sexual contact and shall be
punished as a court-martial may direct.
``(i) Abusive Sexual Contact With a Child.--Any person
subject to this chapter who engages in or causes sexual
contact with or by another person, if to do so would violate
subsection (d) (aggravated sexual assault of a child) had the
sexual contact been a sexual act, is guilty of abusive sexual
contact with a child and shall be punished as a court-martial
may direct.
``(j) Indecent Liberty With a Child.--Any person subject to
this chapter who engages in indecent liberty in the physical
presence of a child--
``(1) with the intent to arouse, appeal to, or gratify the
sexual desire of any person; or
``(2) with the intent to abuse, humiliate, or degrade any
person,
is guilty of indecent liberty with a child and shall be
punished as a court-martial may direct.
``(k) Indecent Act.--Any person subject to this chapter who
engages in indecent conduct is guilty of an indecent act and
shall be punished as a court-martial may direct.
``(l) Forcible Pandering.--Any person subject to this
chapter who compels another person to engage in an act of
prostitution with another person to be directed to said
person is guilty of forcible pandering and shall be punished
as a court-martial may direct.
``(m) Wrongful Sexual Contact.--Any person subject to this
chapter who, without legal
[[Page H3947]]
justification or lawful authorization, engages in sexual
contact with another person without that other person's
permission is guilty of wrongful sexual contact and shall be
punished as a court-martial may direct.
``(n) Indecent Exposure.--Any person subject to this
chapter who intentionally exposes, in an indecent manner, in
any place where the conduct involved may reasonably be
expected to be viewed by people other than members of the
actor's family or household, the genitalia, anus, buttocks,
or female areola or nipple is guilty of indecent exposure and
shall by punished as a court-martial may direct.
``(o) Age of Child.--
``(1) Twelve years.--In a prosecution under subsection (b)
(rape of a child), (g) (aggravated sexual contact with a
child), or (j) (indecent liberty with a child), it need not
be proven that the accused knew that the other person
engaging in the sexual act, contact, or liberty had not
attained the age of twelve years. It is not an affirmative
defense that the accused reasonably believed that the child
had attained the age of twelve years.
``(2) Sixteen years.--In a prosecution under subsection (d)
(aggravated sexual assault of a child), (f) (aggravated
sexual abuse of a child), (i) (abusive sexual contact with a
child), or (j) (indecent liberty with a child), it need not
be proven that the accused knew that the other person
engaging in the sexual act, contact, or liberty had not
attained the age of sixteen years. Unlike in paragraph (1),
however, it is an affirmative defense that the accused
reasonably believed that the child had attained the age of
sixteen years.
``(p) Proof of Threat.--In a prosecution under this
section, in proving that the accused made a threat, it need
not be proven that the accused actually intended to carry out
the threat.
``(q) Marriage.--
``(1) In general.--In a prosecution under paragraph (2) of
subsection (c) (aggravated sexual assault), or under
subsection (d) (aggravated sexual assault of a child), (f)
(aggravated sexual abuse of a child), (i) (abusive sexual
contact with a child), (j) (indecent liberty with a child),
(m) (wrongful sexual contact), or (n) (indecent exposure), it
is an affirmative defense that the accused and the other
person when they engaged in the sexual act, sexual contact,
or sexual conduct are married to each other.
``(2) Definition.--For purposes of this subsection, a
marriage is a relationship, recognized by the laws of a
competent state or foreign jurisdiction, between the accused
and the other person as spouses. A marriage exists until it
is dissolved in accordance with the laws of a competent state
or foreign jurisdiction.
``(3) Exception.--Paragraph (1) shall not apply if the
accused's intent at the time of the sexual conduct is to
abuse, humiliate, or degrade any person, or if the child is
under the age of fifteen years.
``(r) Consent and Mistake of Fact as to Consent.--Lack of
permission is an element of the offense in subsection (m)
(wrongful sexual contact). Consent and mistake of fact as to
consent are not an issue, or an affirmative defense, in a
prosecution under any other subsection, except they are an
affirmative defense for the sexual conduct in issue in a
prosecution under subsection (a) (rape), (c) (aggravated
sexual assault), (e) (aggravated sexual contact), and (h)
(abusive sexual contact).
``(s) Other Affirmative Defenses not Precluded.--The
enumeration in this section of some affirmative defenses
shall not be construed as excluding the existence of others.
``(t) No Preemption.--The prosecution or punishment of an
accused for an offense under this section does not preclude
the prosecution or punishment of that accused for any other
offense.
``(u) Definitions.--In this section:
``(1) Sexual act.--The term `sexual act' means--
``(A) contact between the penis and the vulva, and for
purposes of this subparagraph contact involving the penis
occurs upon penetration, however slight; or
``(B) the penetration, however slight, of the genital
opening of another by a hand or finger or by any object, with
an intent to abuse, humiliate, harass, or degrade any person
or to arouse or gratify the sexual desire of any person.
``(2) Sexual contact.--The term `sexual contact' means the
intentional touching, either directly or through the
clothing, of the genitalia, anus, groin, breast, inner thigh,
or buttocks of another person, or intentionally causing
another person to touch, either directly or through the
clothing, the genitalia, anus, groin, breast, inner thigh, or
buttocks of any person, with an intent to abuse, humiliate,
or degrade any person or to arouse or gratify the sexual
desire of any person.
``(3) Grievous bodily harm.--The term `grievous bodily
harm' means serious bodily injury. It includes fractured or
dislocated bones, deep cuts, torn members of the body,
serious damage to internal organs, and other severe bodily
injuries. It does not include minor injuries such as a black
eye or a bloody nose. It is the same level of injury as in
section 928 (article 128) of this chapter, and a lesser
degree of injury than in section 2246(4) of title 18.
``(4) Dangerous weapon or object.--The term `dangerous
weapon or object' means--
``(A) any firearm, loaded or not, and whether operable or
not;
``(B) any other weapon, device, instrument, material, or
substance, whether animate or inanimate, that in the manner
it is used, or is intended to be used, is known to be capable
of producing death or grievous bodily harm; or
``(C) any object fashioned or utilized in such a manner as
to lead the victim under the circumstances to reasonably
believe it to be capable of producing death or grievous
bodily harm.
``(5) Force.--The term `force' means action to compel
submission of another or to overcome or prevent another's
resistance by--
``(A) the use or display of a dangerous weapon or object;
``(B) the suggestion of possession of a dangerous weapon or
object that is used in a manner to cause another to believe
it is a dangerous weapon or object; or
``(C) physical violence, strength, power, or restraint
applied to another person, sufficient that the other person
could not avoid or escape the sexual conduct.
``(6) Threatening or placing that other person in fear.--
The term `threatening or placing that other person in fear'
under paragraph (3) of subsection (a) (rape), or under
subsection (e) (aggravated sexual contact), means a
communication or action that is of sufficient consequence to
cause a reasonable fear that non-compliance will result in
the victim or another person being subjected to death,
grievous bodily harm, or kidnapping.
``(7) Threatening or placing that other person in fear.--
``(A) In general.--The term `threatening or placing that
other person in fear' under paragraph (1)(A) of subsection
(c) (aggravated sexual assault), or under subsection (h)
(abusive sexual contact), means a communication or action
that is of sufficient consequence to cause a reasonable fear
that non-compliance will result in the victim or another
being subjected to a lesser degree of harm than death,
grievous bodily harm, or kidnapping.
``(B) Inclusions.--Such lesser degree of harm includes--
``(i) physical injury to another person or to another
person's property; or
``(ii) a threat--
``(I) to accuse any person of a crime;
``(II) to expose a secret or publicize an asserted fact,
whether true or false, tending to subject some person to
hatred, contempt or ridicule; or
``(III) through the use or abuse of military position,
rank, or authority, to affect or threaten to affect, either
positively or negatively, the military career of some person.
``(8) Bodily harm.--The term `bodily harm' means any
offensive touching of another, however slight.
``(9) Child.--The term `child' means any person who has not
attained the age of sixteen years.
``(10) Lewd act.--The term `lewd act' means--
``(A) the intentional touching, not through the clothing,
of the genitalia of another person, with an intent to abuse,
humiliate, or degrade any person, or to arouse or gratify the
sexual desire of any person; or
``(B) intentionally causing another person to touch, not
through the clothing, the genitalia of any person with an
intent to abuse, humiliate or degrade any person, or to
arouse or gratify the sexual desire of any person.
``(11) Indecent liberty.--The term `indecent liberty' means
indecent conduct, but physical contact is not required. It
includes one who with the requisite intent exposes one's
genitalia, anus, buttocks, or female areola or nipple to a
child. An indecent liberty may consist of communication of
indecent language as long as the communication is made in the
physical presence of the child. If words designed to excite
sexual desire are spoken to a child, or a child is exposed to
or involved in sexual conduct, it is an indecent liberty; the
child's consent is not relevant.
``(12) Indecent conduct.--The term `indecent conduct' means
that form of immorality relating to sexual impurity which is
grossly vulgar, obscene, and repugnant to common propriety,
and tends to excite sexual desire or deprave morals with
respect to sexual relations. Indecent conduct includes but is
not limited to observing, or making a videotape, photograph,
motion picture, print, negative, slide, or other
mechanically, electronically, or chemically reproduced visual
material, without another person's consent, and contrary to
that other person's reasonable expectation of privacy, of--
``(A) that other person's genitalia, anus, or buttocks, or
(if that other person is female) that person's areola or
nipple; or
``(B) that other person while that other person is engaged
in a sexual act, sodomy (under section 925 (article 125)), or
sexual contact; and
``(13) Act of prostitution.--The term `act of prostitution'
means a sexual act, sexual contact, or lewd act for the
purpose of receiving money or other compensation.
``(14) Consent.--The term `consent' means words or overt
acts indicating a freely given agreement to the sexual
conduct at issue by a competent person. An expression of lack
of consent through words or conduct means there is no
consent. Lack of verbal or physical resistance or submission
resulting from the accused's use of force, threat of force,
or placing another person in fear does not constitute
consent. A current or previous dating relationship by itself
or the manner of dress of the person involved with the
accused in the sexual conduct at issue shall not constitute
consent. A person cannot consent to sexual activity if--
``(A) under sixteen years of age; or
``(B) substantially incapable of--
``(i) appraising the nature of the sexual conduct at issue
due to--
``(I) mental impairment or unconsciousness resulting from
consumption of alcohol, drugs, a similar substance, or
otherwise; or
``(II) mental disease or defect which renders the person
unable to understand the nature of the sexual conduct at
issue; or
``(ii) physically declining participation in the sexual
conduct at issue; or
``(iii) physically communicating unwillingness to engage in
the sexual conduct at issue.
``(15) Mistake of fact as to consent.--The term `mistake of
fact as to consent' means the accused held, as a result of
ignorance or mistake, an incorrect belief that the other
person
[[Page H3948]]
engaging in the sexual conduct consented. The ignorance or
mistake must have existed in the mind of the accused and must
have been reasonable under all the circumstances. To be
reasonable the ignorance or mistake must have been based on
information, or lack of it, which would indicate to a
reasonable person that the other person consented.
Additionally, the ignorance or mistake cannot be based on the
negligent failure to discover the true facts. Negligence is
the absence of due care. Due care is what a reasonably
careful person would do under the same or similar
circumstances. The accused's state of intoxication, if any,
at the time of the offense is not relevant to mistake of
fact. A mistaken belief that the other person consented must
be that which a reasonably careful, ordinary, prudent, sober
adult would have had under the circumstances at the time of
the offense.
``(16) Affirmative defense.--The term `affirmative defense'
means any special defense which, although not denying that
the accused committed the objective acts constituting the
offense charged, denies, wholly, or partially, criminal
responsibility for those acts. The accused has the burden of
proving the affirmative defense by a preponderance of
evidence. After the defense meets this burden, the
prosecution shall have the burden of proving beyond a
reasonable doubt that the affirmative defense did not
exist.''.
(2) Clerical amendment.--The item relating to section 920
(article 120) in the table of sections at the beginning of
subchapter X of chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice), is amended to read as
follows:
``920. Art. 120. Rape, sexual assault, and other sexual misconduct.''.
(b) Interim Maximum Punishments.--Until the President
otherwise provides pursuant to section 856 of title 10,
United States Code (article 56 of the Uniform Code of
Military Justice), the punishment which a court-martial may
direct for an offense under section 920 of such title
(article 120 of the Uniform Code of Military Justice), as
amended by subsection (a), may not exceed the following
limits:
(1) Subsections (a) and (b).--For an offense under
subsection (a) (rape) or (b) (rape of a child), death or such
other punishments as a court-martial may direct.
(2) Subsection (c).--For an offense under subsection (c)
(aggravated sexual assault), dishonorable discharge,
forfeiture of all pay and allowances, and confinement for 30
years.
(3) Subsections (d) and (e).--For an offense under
subsection (d) (aggravated sexual assault of a child) or (e)
(aggravated sexual contact), dishonorable discharge,
forfeiture of all pay and allowances, and confinement for 20
years.
(4) Subsections (f) and (g).--For an offense under
subsection (f) (aggravated sexual abuse of a child) or (g)
(aggravated sexual contact with a child), dishonorable
discharge, forfeiture of all pay and allowances, and
confinement for 15 years.
(5) Subsections (h) through (j).--For an offense under
subsection (h) (abusive sexual contact), (i) (abusive sexual
contact with a child), or (j) (indecent liberty with a
child), dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 7 years.
(6) Subsections (k) and (l).--For an offense under
subsection (k) (indecent act) or (l) (forcible pandering),
dishonorable discharge, forfeiture of all pay and allowances,
and confinement for 5 years.
(7) Subsections (m) and (n).--For an offense under
subsection (m) (wrongful sexual contact) or (n) (indecent
exposure), dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 1 year.
(c) Effective Date.--The amendments made by subsection (a)
shall take effect 1 year after the date of the enactment of
this Act and section 920 of title 10, United States Code
(article 120 of the Uniform Code of Military Justice), as
amended by subsection (a), shall apply with respect to
offenses committed on or after that effective date.
(d) Conforming Amendment.--Section 918 of title 10, United
States Code (article 118 of the Uniform Code of Military
Justice), is amended in paragraph (4) by striking ``rape,''
and inserting ``rape, rape of a child, aggravated sexual
assault, aggravated sexual assault of a child, aggravated
sexual contact, aggravated sexual abuse of a child,
aggravated sexual contact with a child,''.
Subtitle G--Assistance to Local Educational Agencies for Defense
Dependents Education
SEC. 561. ENROLLMENT IN OVERSEAS SCHOOLS OF DEFENSE
DEPENDENTS' EDUCATION SYSTEM OF CHILDREN OF
CITIZENS OR NATIONALS OF THE UNITED STATES
HIRED IN OVERSEAS AREAS AS FULL-TIME DEPARTMENT
OF DEFENSE EMPLOYEES.
Paragraph (2) of section 1414 of the Defense Dependents'
Education Act of 1978 (20 U.S.C. 932) is amended to read as
follows:
``(2) The term `sponsor' means a person who is--
``(A) a member of the Armed Forces serving on active duty
who--
``(i) is authorized to transport dependents to or from an
overseas area at Government expense; and
``(ii) is provided an allowance for living quarters in that
area;
``(B) a full-time civilian officer or employee of the
Department of Defense who--
``(i) is a citizen or national of the United States;
``(ii) is authorized to transport dependents to or from an
overseas area at Government expense; and
``(iii) is provided an allowance for living quarters in
that area; or
``(C) a full-time civilian officer or employee of the
Department of Defense who--
``(i) is a citizen or national of the United States;
``(ii) resided in an overseas area at the time of the
person's employment; and
``(iii) is employed by the Department of Defense in that
area.''.
SEC. 562. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT
BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.
(a) Assistance to Schools With Significant Numbers of
Military Dependent Students.--
(1) Assistance authorized.--The Secretary of Defense shall
provide financial assistance to an eligible local educational
agency described in paragraph (2) if, without such
assistance, the local educational agency will be unable (as
determined by the Secretary of Defense in consultation with
the Secretary of Education) to provide the students in the
schools of the local educational agency with a level of
education that is equivalent to the minimum level of
education available in the schools of the other local
educational agencies in the same State.
(2) Eligible local educational agencies.--A local
educational agency is eligible for assistance under this
subsection for a fiscal year if at least 20 percent (as
rounded to the nearest whole percent) of the students in
average daily attendance in the schools of the local
educational agency during the preceding school year were
military dependent students counted under section 8003(a)(1)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(a)(1)).
(b) Assistance to Schools With Enrollment Changes Due to
Base Closures, Force Structure Changes, or Force
Relocations.--
(1) Assistance authorized.--To assist communities in making
adjustments resulting from changes in the size or location of
the Armed Forces, the Secretary of Defense shall provide
financial assistance to an eligible local educational agency
described in paragraph (2) if, during the period between the
end of the school year preceding the fiscal year for which
the assistance is authorized and the beginning of the school
year immediately preceding that school year, the local
educational agency had (as determined by the Secretary of
Defense in consultation with the Secretary of Education) an
overall increase or reduction of--
(A) not less than five percent in the average daily
attendance of military dependent students in the schools of
the local educational agency; or
(B) not less than 250 military dependent students in
average daily attendance in the schools of the local
educational agency.
(2) Eligible local educational agencies.--A local
educational agency is eligible for assistance under this
subsection for a fiscal year if --
(A) the local educational agency is eligible for assistance
under subsection (a) for the same fiscal year, or would have
been eligible for such assistance if not for the reduction in
military dependent students in schools of the local
educational agency; and
(B) the overall increase or reduction in military dependent
students in schools of the local educational agency is the
result of the closure or realignment of military
installations under the base closure process or the
relocation of members of the Armed Forces and civilian
employees of the Department of Defense as part of force
structure changes or movements of units or personnel between
military installations.
(3) Calculation of amount of assistance.--
(A) Pro rata distribution.--The amount of the assistance
provided under this subsection to a local educational agency
that is eligible for such assistance for a fiscal year shall
be equal to the product obtained by multiplying--
(i) the per-student rate determined under subparagraph (B)
for that fiscal year; by
(ii) the net of the overall increases and reductions in the
number of military dependent students in schools of the local
educational agency, as determined under paragraph (1).
(B) Per-student rate.--For purposes of subparagraph (A)(i),
the per-student rate for a fiscal year shall be equal to the
dollar amount obtained by dividing--
(i) the total amount of funds made available for that
fiscal year to provide assistance under this subsection; by
(ii) the sum of the overall increases and reductions in the
number of military dependent students in schools of all
eligible local educational agencies for that fiscal year
under this subsection.
(c) Notification.--Not later than June 30, 2006, and June
30 of each fiscal year thereafter for which funds are made
available to carry out this section, the Secretary of Defense
shall notify each local educational agency that is eligible
for assistance under this section for that fiscal year of--
(1) the eligibility of the local educational agency for the
assistance, including whether the agency is eligible for
assistance under either subsection (a) or (b) or both
subsections; and
(2) the amount of the assistance for which the local
educational agency is eligible.
(d) Disbursement of Funds.--The Secretary of Defense shall
disburse assistance made available under this section for a
fiscal year not later than 30 days after the date on which
notification to the eligible local educational agencies is
provided pursuant to subsection (c) for that fiscal year.
(e) Finding for Fiscal Year 2006.--Of the amount authorized
to be appropriated pursuant to section 301(5) for operation
and maintenance for Defense-wide activities--
(1) $50,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under
subsection (a); and
(2) $10,000,000 shall be available only for the purpose of
providing assistance to local educational agencies under
subsection (b).
[[Page H3949]]
(f) Definitions.--In this section:
(1) The term ``base closure process'' means the 2005 base
closure and realignment process authorized by Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) or any base closure
and realignment process conducted after the date of the
enactment of this Act under section 2687 of title 10, United
States Code, or any other similar law enacted after that
date.
(2) The term ``local educational agency'' has the meaning
given that term in section 8013(9) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ``military dependent students'' refers to--
(A) elementary and secondary school students who are
dependents of members of the Armed Forces; and
(B) elementary and secondary school students who are
dependents of civilian employees of the Department of
Defense.
(4) The term ``State'' means each of the 50 States and the
District of Columbia.
(g) Repeal of Former Authority.--Section 386 of the
National Defense Authorization Act for Fiscal Year 1993
(Public Law 102-484; 20 U.S.C. 7703 note) is repealed. The
repeal of such section shall not affect the distribution of
assistance to local educational agencies under section 559 of
the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1917) for
fiscal year 2005.
SEC. 563. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF OF
DEPENDENTS OF CERTAIN MEMBERS DESPITE CHANGE IN
STATUS OF MEMBER.
(a) Special Rule.--For purposes of computing the amount of
a payment for an eligible local educational agency under
subsection (a) of section 8003 of the Elementary and
Secondary Education Act (20 U.S.C. 7703) for school year
2005-2006, the Secretary of Education shall continue to count
as a child enrolled in a school of such agency under such
subsection any child who--
(1) would be counted under paragraph (1)(B) of such
subsection to determine the number of children who were in
average daily attendance in the school; but
(2) due to the deployment of both parents or legal
guardians of the child, the deployment of a parent or legal
guardian having sole custody of the child, or the death of a
military parent or legal guardian while on active duty (so
long as the child resides on Federal property (as defined in
section 8013(5) of such Act (20 U.S.C. 7713(5))), is not
eligible to be so counted.
(b) Termination.--The special rule provided under
subsection (a) applies only so long as the children covered
by such subsection remain in average daily attendance at a
school in the same local educational agency they attended
before their change in eligibility status.
Subtitle H--Decorations and Awards
SEC. 565. COLD WAR VICTORY MEDAL.
(a) Authority.--Chapter 57 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 1134. Cold War Victory Medal
``(a) Medal Authorized.--The Secretary concerned shall
issue a service medal, to be known as the `Cold War Victory
Medal', to persons eligible to receive the medal under
subsection (b). The Cold War Victory Medal shall be of an
appropriate design approved by the Secretary of Defense, with
ribbons, lapel pins, and other appurtenances.
``(b) Eligible Persons.--The following persons are eligible
to receive the Cold War Victory Medal:
``(1) A person who--
``(A) performed active duty or inactive duty training as an
enlisted member during the Cold War;
``(B) completed the person's initial term of enlistment or,
if discharged before completion of such initial term of
enlistment, was honorably discharged after completion of not
less than 180 days of service on active duty; and
``(C) has not received a discharge less favorable than an
honorable discharge or a release from active duty with a
characterization of service less favorable than honorable.
``(2) A person who--
``(A) performed active duty or inactive duty training as a
commissioned officer or warrant officer during the Cold War;
``(B) completed the person's initial service obligation as
an officer or, if discharged or separated before completion
of such initial service obligation, was honorably discharged
after completion of not less than 180 days of service on
active duty; and
``(C) has not been released from active duty with a
characterization of service less favorable than honorable and
has not received a discharge or separation less favorable
than an honorable discharge.
``(c) One Award Authorized.--Not more than one Cold War
Victory Medal may be issued to any person.
``(d) Issuance to Representative of Deceased.--If a person
described in subsection (b) dies before being issued the Cold
War Victory Medal, the medal shall be issued to the person's
representative, as designated by the Secretary concerned.
``(e) Replacement.--Under regulations prescribed by the
Secretary concerned, a Cold War Victory Medal that is lost,
destroyed, or rendered unfit for use without fault or neglect
on the part of the person to whom it was issued may be
replaced without charge.
``(f) Application for Medal.--The Cold War Victory Medal
shall be issued upon receipt by the Secretary concerned of an
application for such medal, submitted in accordance with such
regulations as the Secretary prescribes.
``(g) Uniform Regulations.--The Secretary of Defense shall
ensure that regulations prescribed by the Secretaries of the
military departments under this section are uniform so far as
is practicable.
``(h) Definition.--In this section, the term `Cold War'
means the period beginning on September 2, 1945, and ending
at the end of December 26, 1991.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1134. Cold War Victory Medal.''.
SEC. 566. ESTABLISHMENT OF COMBAT MEDEVAC BADGE.
(a) Army.--
(1) In general.--Chapter 357 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 3757. Combat Medevac Badge
``(a) The Secretary of the Army shall issue a badge of
appropriate design, to be known as the Combat Medevac Badge,
to each person who while a member of the Army served in
combat on or after June 25, 1950, as a pilot or crew member
of a helicopter medical evacuation ambulance and who meets
the requirements for the award of that badge.
``(b) The Secretary of the Army shall prescribe
requirements for eligibility for the Combat Medevac Badge.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``3757. Combat Medevac Badge.''.
(b) Navy and Marine Corps.--
(1) In general.--Chapter 567 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 6259. Combat Medevac Badge
``(a) The Secretary of the Navy shall issue a badge of
appropriate design, to be known as the Combat Medevac Badge,
to each person who while a member of the Navy or Marine Corps
served in combat on or after June 25, 1950, as a pilot or
crew member of a helicopter medical evacuation ambulance and
who meets the requirements for the award of that badge.
``(b) The Secretary of the Navy shall prescribe
requirements for eligibility for the Combat Medevac Badge.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``6259. Combat Medevac Badge.''.
(c) Air Force.--
(1) In general.--Chapter 857 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8757. Combat Medevac Badge
``(a) The Secretary of the Air Force shall issue a badge of
appropriate design, to be known as the Combat Medevac Badge,
to each person who while a member of the Air Force served in
combat on or after June 25, 1950, as a pilot or crew member
of a helicopter medical evacuation ambulance and who meets
the requirements for the award of that badge.
``(b) The Secretary of the Air Force shall prescribe
requirements for eligibility for the Combat Medevac Badge.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``8757. Combat Medevac Badge.''.
(d) Award for Service Before Date of Enactment.--In the
case of persons who, while a member of the Armed Forces,
served in combat as a pilot or crew member of a helicopter
medical evacuation ambulance during the period beginning on
June 25, 1950, and ending on the date of enactment of this
Act, the Secretary of the military department concerned shall
issue the Combat Medevac Badge--
(1) to each such person who is known to the Secretary
before the date of enactment of this Act; and
(2) to each such person with respect to whom an application
for the issuance of the badge is made to the Secretary after
such date in such manner, and within such time period, as the
Secretary may require.
SEC. 567. ELIGIBILITY FOR OPERATION ENDURING FREEDOM CAMPAIGN
MEDAL.
For purposes of eligibility for the campaign medal for
Operation Enduring Freedom established pursuant to Public Law
108-234 (10 U.S.C. 1121 note), the beginning date of
Operation Enduring Freedom is September 11, 2001.
Subtitle I--Other Matters
SEC. 571. EXTENSION OF WAIVER AUTHORITY OF SECRETARY OF
EDUCATION WITH RESPECT TO STUDENT FINANCIAL
ASSISTANCE DURING A WAR OR OTHER MILITARY
OPERATION OR NATIONAL EMERGENCY.
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. 572. ADOPTION LEAVE FOR MEMBERS OF THE ARMED FORCES
ADOPTING CHILDREN.
(a) Authority.--Section 701 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(i)(1) Under regulations prescribed by the Secretary of
Defense, a member of the armed forces adopting a child in a
qualifying child adoption is allowed up to 21 days of leave
in a calendar year to be used in connection with the
adoption.
``(2) For the purpose of this subsection, an adoption of a
child by a member is a qualifying child adoption if the
member is eligible for reimbursement of qualified adoption
expenses for such adoption under section 1052 of this title.
``(3) In the event that two members of the armed forces who
are spouses of each other adopt a child in a qualifying child
adoption,
[[Page H3950]]
only one such member shall be allowed leave under this
subsection. Those members shall elect which of them shall be
allowed such leave.
``(4) Leave under paragraph (1) is in addition to other
leave provided under other provisions of this section.''.
(b) Effective Date.--Subsection (i) of section 701 of title
10, United States Code (as added by subsection (a)), shall
take effect on October 1, 2005.
SEC. 573. REPORT ON NEED FOR A PERSONNEL PLAN FOR LINGUISTS
IN THE ARMED FORCES.
(a) Need Assessment.--The Secretary of Defense shall review
the career tracks of members of the Armed Forces who are
linguists in an effort to improve the management of linguists
(in enlisted grades or officer grades, or both) and to assist
them in reaching their full linguistic and analytical
potential over a 20-year career. As part of such review, the
Secretary shall assess the need for a comprehensive plan to
better manage the careers of military linguists (in enlisted
grades or officer grades, or both) and to ensure that such
linguists have an opportunity to progress in grade and are
provided opportunities to enhance their language and cultural
skills. As part of the review, the Secretary shall consider
personnel management methods such as enhanced bonuses,
immersion opportunities, specialized career fields,
establishment of a dedicated career path for linguists, and
career monitoring to ensure career progress for linguists
serving in duty assignments that are not linguist related.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the review and assessment
conducted under subsection (a). The report shall include the
findings, results, and conclusions of the Secretary's review
and assessment of the careers of officer and enlisted
linguists in the Armed Forces and the need for a
comprehensive plan to ensure effective career management of
linguists.
SEC. 574. GROUND COMBAT AND OTHER EXCLUSION POLICIES.
(a) In General.--
(1) Codification.--Chapter 37 of title 10, United States
Code, is amended by inserting after section 651 the following
new section:
``Sec. 652. Assignment eligibility; direct ground combat and
other exclusions applicable to female members
``(a) General Rule.--A member of the armed forces is
eligible to be assigned to all positions for which qualified,
except that female members of the armed forces shall be
excluded from assignment to units below brigade level the
primary mission of which is to engage in direct ground
combat.
``(b) Additional Restrictions.--In addition to the
limitation under subsection (a), female members of the armed
forces may be excluded from assignment to a unit, or a
position, as follows:
``(1) Where the Secretary concerned determines that the
costs of appropriate berthing and privacy arrangements would
be prohibitive.
``(2) Where the unit, or the position, is doctrinally
required to physically collocate and remain with a direct
ground combat unit to which female members may not be
assigned.
``(3) Where the unit is engaged in long-range
reconnaissance operations or Special Operations Forces
missions.
``(4) Where job-related physical requirements would
necessarily exclude the vast majority of female members.
``(c) Closure of Occupational Specialties.--
``(1) Any military career designator related to military
operations on the ground that is covered by paragraph (2) and
that as of May 18, 2005, is closed (in whole or in part) to
the assignment of female members shall remain closed (in the
same manner) to the assignment of female members.
``(2) Paragraph (1) applies--
``(A) for enlisted members and warrant officers, to
military occupational specialties, specialty codes, enlisted
designators, additional skill identifiers, and special
qualification identifiers; and
``(B) for officers (other than warrant officers), to
officer areas of concentration, occupational specialties,
specialty codes, designators, additional skill identifiers,
and special qualification identifiers.
``(d) Notice to Congress of Proposed Changes in Units,
Assignments, Etc. to Which Female Members May Be Assigned.--
``(1) Notice.--Except in a case covered by section 6035 of
this title, whenever the Secretary of Defense or the
Secretary of a military department proposes to make a change
to military personnel policies described in paragraph (2),
the Secretary shall, not less than 30 days before such change
is implemented, submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives notice, in writing, of the proposed
change.
``(2) Covered personnel policy changes.--Paragraph (1)
applies to a proposed military personnel policy change that
would make available to female members of the armed forces
assignment to any of the following that, as of the date of
the proposed change, is closed to such assignment:
``(A) Any type of existing or new unit, position, or other
assignment (other than an assignment covered by the
exclusions required by subsections (a) and (c)).
``(B) Any class of combat vessel.
``(C) Any type of combat platform.
``(e) Direct Ground Combat Defined.--In this section, the
term `direct ground combat' means engaging an enemy on the
ground with individual or crew-served weapons, while being
exposed to hostile fire and to a high probability of direct
physical contact with personnel of the hostile force, and
when well forward on the battlefield while locating and
closing with the enemy to defeat them by fire, maneuver, or
shock effect.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 651 the following new item:
``652. Assignment eligibility; direct ground combat and other
exclusions applicable to female members.''.
(b) Report on Positions Opened to Female Members Since July
1994.--
(1) Report.--Not later than March 30, 2006, the Secretary
of Defense shall submit to Congress a detailed report of all
units, positions, military occupational specialties, career
fields, and other assignments that--
(A) were reported to Congress on July 28, 1994, as being
closed to the assignment of female members of the Armed
Forces; and
(B) have since that date been opened to the assignment of
female members.
(2) Matters to be included.--The report under paragraph (1)
shall include the following:
(A) A detailed description of, and justification for, each
of the changes identified under that paragraph.
(B) For any unit or position that was reported closed to
the assignment of female members as described in subparagraph
(A) of paragraph (1) that no longer exists in the service
inventory, identification of the successor unit performing
the function and whether that successor unit is open or
closed to the assignment of female members.
(c) List of Units, Positions, Etc., Closed to Female
Members.--At the same time the report under subsection (b) is
submitted to Congress, the Secretary of Defense shall submit
to Congress a report providing--
(1) a list of the military career designators covered by
paragraph (2) of section 652(c) of title 10, United States
Code (as added by subsection (a)(1)), that were closed (in
whole or in part) to the assignment of female members of the
Armed Forces as of May 18, 2005, and that, pursuant to
paragraph (1) of that section, are required to remain closed
to the assignment of female members of the Armed Forces; and
(2) for each such military career designator--
(A) specification of whether that designator is closed to
the assignment of female members in whole or in part; and
(B) the numbers of positions that are closed to the
assignment of female members.
(d) Conforming Repeal.--Section 542 of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 113 note)
is repealed.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2006.
Sec. 602. Additional pay for permanent military professors at United
States Naval Academy with over 36 years of service.
Sec. 603. Basic pay rates for reserve component members selected to
attend military service academy preparatory schools.
Sec. 604. Clarification of restriction on compensation for
correspondence courses.
Sec. 605. Permanent authority for supplemental subsistence allowance
for low-income members with dependents.
Sec. 606. Basic allowance for housing for Reserve members.
Sec. 607. Overseas cost of living allowance.
Sec. 608. Income replacement payments for Reserves experiencing
extended and frequent mobilization for active duty
service.
Subtitle B--Bonuses and Special and Incentive Pays
Sec. 611. Extension or resumption of certain bonus and special pay
authorities for reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for
certain health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear
officers.
Sec. 614. One-year extension of other bonus and special pay
authorities.
Sec. 615. Expansion of eligibility of dental officers for additional
special pay.
Sec. 616. Increase in maximum monthly rate authorized for hardship duty
pay.
Sec. 617. Flexible payment of assignment incentive pay.
Sec. 618. Active-duty reenlistment bonus.
Sec. 619. Reenlistment bonus for members of Selected Reserve.
Sec. 620. Combination of affiliation and accession bonuses for service
in the Selected Reserve.
Sec. 621. Eligibility requirements for prior service enlistment bonus.
Sec. 622. Increase in authorized maximum amount of enlistment bonus.
Sec. 623. Discretion of Secretary of Defense to authorize retroactive
hostile fire and imminent danger pay.
Sec. 624. Increase in maximum bonus amount for nuclear-qualified
officers extending period of active duty.
Sec. 625. Increase in maximum amount of nuclear career annual incentive
bonus for nuclear-qualified officers trained while
serving as enlisted members.
Sec. 626. Uniform payment of foreign language proficiency pay to
eligible reserve component members and regular component
members.
[[Page H3951]]
Sec. 627. Retention bonus for members qualified in certain critical
skills or satisfying other eligibility criteria.
Sec. 628. Availability of critical-skills accession bonus for persons
enrolled in Senior Reserve Officers' Training Corps who
are obtaining nursing degrees.
Subtitle C--Travel and Transportation Allowances
Sec. 641. Authorized absences of members for which lodging expenses at
temporary duty location may be paid.
Sec. 642. Extended period for selection of home for travel and
transportation allowances for dependents of deceased
member.
Sec. 643. Transportation of family members incident to repatriation of
members held captive.
Sec. 644. Increased weight allowances for shipment of household goods
of senior noncommissioned officers.
Subtitle D--Retired Pay and Survivor Benefits
Sec. 651. Monthly disbursement to States of State income tax withheld
from retired or retainer pay.
Sec. 652. Revision to eligibility for nonregular service retirement
after establishing eligibility for regular retirement.
Sec. 653. Denial of military funeral honors in certain cases.
Sec. 654. Child support for certain minor children of retirement-
eligible members convicted of domestic violence resulting
in death of child's other parent.
Sec. 655. Concurrent receipt of veterans disability compensation and
military retired pay.
Sec. 656. Military Survivor Benefit Plan beneficiaries under insurable
interest coverage.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
Sec. 661. Increase in authorized level of supplies and services
procurement from overseas exchange stores.
Sec. 662. Requirements for private operation of commissary store
functions.
Sec. 663. Provision of information technology services for
accommodations provided by nonappropriated fund
instrumentalities for wounded members of the Armed Forces
and their families.
Sec. 664. Provision of and payment for overseas transportation services
for commissary and exchange supplies.
Sec. 665. Compensatory time off for certain nonappropriated fund
employees.
Subtitle F--Other Matters
Sec. 671. Inclusion of Senior Enlisted Advisor for the Chairman of the
Joint Chiefs of Staff among senior enlisted members of
the Armed Forces.
Sec. 672. Special and incentive pays considered for saved pay upon
appointment of members as officers.
Sec. 673. Repayment of unearned portion of bonuses, special pays, and
educational benefits.
Sec. 674. Leave accrual for members assigned to deployable ships or
mobile units or to other designated duty.
Sec. 675. Army recruiting pilot program to encourage members of the
Army to refer other persons for enlistment.
Sec. 676. Special compensation for reserve component members who are
also tobacco farmers adversely affected by terms of
tobacco quota buyout.
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2006.
(a) Waiver of Section 1009 Adjustment.--The adjustment to
become effective during fiscal year 2006 required by section
1009 of title 37, United States Code, in the rates of monthly
basic pay authorized members of the uniformed services shall
not be made.
(b) Increase in Basic Pay.--Effective on January 1, 2006,
the rates of monthly basic pay for members of the uniformed
services are increased by 3.1 percent.
SEC. 602. ADDITIONAL PAY FOR PERMANENT MILITARY PROFESSORS AT
UNITED STATES NAVAL ACADEMY WITH OVER 36 YEARS
OF SERVICE.
Section 203(b) of title 37, United States Code, is amended
by inserting after ``Military Academy'' the following: ``,
the United States Naval Academy,''.
SEC. 603. BASIC PAY RATES FOR RESERVE COMPONENT MEMBERS
SELECTED TO ATTEND MILITARY SERVICE ACADEMY
PREPARATORY SCHOOLS.
(a) Pay Equity for Reserves.--Section 203(e)(2) of title
37, United States Code, is amended--
(1) by striking ``on active duty for a period of more than
30 days shall continue to receive'' and inserting ``shall
receive''; and
(2) by inserting before the period at the end the
following: ``or at the rate provided for cadets and
midshipmen under subsection (c), whichever is greater''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act.
SEC. 604. CLARIFICATION OF RESTRICTION ON COMPENSATION FOR
CORRESPONDENCE COURSES.
Section 206(d)(1) of title 37, United States Code, is
amended by inserting after ``reserve component'' the
following: ``or by a member of the National Guard while not
in Federal service''.
SEC. 605. PERMANENT AUTHORITY FOR SUPPLEMENTAL SUBSISTENCE
ALLOWANCE FOR LOW-INCOME MEMBERS WITH
DEPENDENTS.
(a) Repeal of Termination Provision.--Section 402a of title
37, United States Code, is amended by striking subsection
(i).
(b) Technical and Conforming Amendments.--Subsection (f) of
such section is amended--
(1) in the first sentence, by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security, with respect to the Coast Guard''; and
(2) by striking the second sentence.
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. OVERSEAS COST OF LIVING ALLOWANCE.
(a) Payment of Allowance Based on Overseas Location of
Dependents.--Section 405 of title 37, United States Code, is
amended by adding at the end the following new subsection:
``(e) Payment of Allowance Based on Overseas Location of
Dependents.--In the case of a member assigned to duty inside
the continental United States whose dependents continue to
reside outside of the continental United States, the
Secretary concerned may pay the member a per diem under this
section based on the location of the dependents and provide
reimbursement under subsection (d) for an unusual or
extraordinary expense incurred by the dependents if the
Secretary determines that such payment or reimbursement is in
the best interest of the member or the member's dependents
and in the best interest of the United States.''.
(b) Clarification of Expenses Eligible for Lump-Sum
Reimbursement.--Subsection (d) of such section, as added by
section 605 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 1945), is further amended--
(1) in the subsection heading, by striking ``Nonrecurring''
and inserting ``Unusual or Extraordinary'';
(2) by inserting ``or (e)'' after ``subsection (a)'' each
place it appears; and
(3) in paragraph (1)--
(A) by striking ``a nonrecurring'' and inserting ``an
unusual or extraordinary'' in the matter preceding
subparagraph (A); and
(B) in subparagraph (A), by inserting ``or the location of
the member's dependents'' before the semicolon.
SEC. 608. 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 18 continuous months of service on active
duty under such an order;
``(2) completes 24 months on active duty during the
previous 60 months under such an order; or
``(3) is involuntarily mobilized for service on active duty
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--
[[Page H3952]]
``(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. EXTENSION OR RESUMPTION 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 Enlistment Bonus for Persons Without
Prior Service.--Section 308g(h) of such title is amended by
striking ``September 30, 1992'' and inserting ``December 31,
2006''.
(d) Ready Reserve Enlistment and Reenlistment Bonus for
Persons With Prior Service.--Section 308h(g) of such title is
amended by striking ``December 31, 2005'' and inserting
``December 31, 2006''.
(e) Selected Reserve Enlistment Bonus for Persons With
Prior Service.--Section 308i(f) of such title is amended by
striking ``December 31, 2005'' and inserting ``December 31,
2006''.
SEC. 612. 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 ``January 1,
2006'' and inserting ``January 1, 2007''.
(c) Accession Bonus for Registered Nurses.--Section
302d(a)(1) of title 37, United States Code, is amended by
striking ``December 31, 2005'' and inserting ``December 31,
2006''.
(d) Incentive Special Pay for Nurse Anesthetists.--Section
302e(a)(1) of such title is amended by striking ``December
31, 2005'' and inserting ``December 31, 2006''.
(e) Special Pay for Selected Reserve Health 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 ``December 31, 2005''
and inserting ``December 31, 2006''.
SEC. 613. 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. EXPANSION OF ELIGIBILITY OF DENTAL OFFICERS FOR
ADDITIONAL SPECIAL PAY.
(a) Repeal of Internship and Residency Exception.--Section
302b(a)(4) of title 37, United States Code, is amended by
striking the first sentence and inserting the following new
sentence: ``An officer who is entitled to variable special
pay under paragraph (2) or (3) is also entitled to additional
special pay for any 12-month period during which an agreement
executed under subsection (b) is in effect with respect to
the officer.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2005.
SEC. 616. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR
HARDSHIP DUTY PAY.
(a) Increase.--Section 305(a) of title 37, United States
Code, is amended by striking ``$300'' and inserting ``$750''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2005.
SEC. 617. FLEXIBLE PAYMENT OF ASSIGNMENT INCENTIVE PAY.
(a) Authority to Provide Lump Sum or Installment
Payments.--Section 307a of title 37, United States Code, is
amended--
(1) in subsection (a), by striking ``monthly'';
(2) in subsection (b)--
(A) by inserting ``(1)'' before the first sentence;
(B) in the second sentence, by striking ``and, subject to
subsection (c), the monthly rate of the incentive pay.'' and
inserting ``, the total or monthly amount to be paid under
the agreement, and whether the incentive pay will be provided
on a monthly basis, in a lump sum, or in installments other
than monthly.''; and
(C) by adding at the end the following new paragraph:
``(2) The Secretary concerned and a member may agree to
extend an existing agreement under this section to cover an
additional period of service in a designated assignment.'';
and
(3) in subsection (c), by adding at the end the following
new sentences: ``The maximum amount of a lump sum payment
under an agreement under this section may not exceed the
product of the maximum monthly rate and the number of months
covered by the agreement. Installment payments shall be
calculated using the same formula for the months covered by
the installment.''.
(b) Repayment of Incentive Pay.--Such section is further
amended--
(1) by redesignating subsection (f), as amended by section
614(b), as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Repayment.--A member who enters into an agreement
under this section and receives incentive pay under the
agreement in a lump sum or installments, but who fails to
complete the period of service covered by the payment,
whether voluntarily or because of misconduct, shall be
subject to the repayment provisions of section 303a(e) of
this title.''.
SEC. 618. ACTIVE-DUTY REENLISTMENT BONUS.
(a) Eligibility of Senior Enlisted Members.--Subsection (a)
of section 308 of title 37, United States Code, is amended--
(1) in paragraph (1)(A), by striking ``16 years of active
duty'' and inserting ``20 years of active duty''; and
(2) in paragraph (3), by striking ``18 years'' and
inserting ``24 years''.
(b) Increase in Authorized Maximum Amount of Bonus.--
Paragraph (2)(B) of such subsection is amended by striking
``$60,000'' and inserting ``$90,000''.
(c) Repeal of Reference to Obsolete Special Pay.--Paragraph
(1) of such subsection is amended--
(1) by inserting ``and'' at the end of subparagraph (B);
(2) by striking subparagraph (C); and
(3) by redesignating subparagraph (D) as subparagraph (C).
(d) Authority to Waive Eligibility Requirements.--Such
subsection is further amended by striking paragraph (5) and
inserting the following new paragraph:
``(5) In time of war or national emergency, the Secretary
concerned may waive all or a part of the eligibility
requirements specified in paragraph (1) for the payment of a
bonus under this section.''.
(e) Repeal of Obsolete Special Pay.--
(1) Repeal.--Section 312a of title 37, United States Code,
is repealed.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by striking
the item relating to section 312a.
[[Page H3953]]
(f) Effective Date.--The amendments made by this section
shall take effect on October 1, 2005.
SEC. 619. REENLISTMENT BONUS FOR MEMBERS OF SELECTED RESERVE.
(a) Eligibility of Senior Enlisted Members.--Subsection
(a)(1) of section 308b of title 37, United States Code, is
amended by striking ``16 years of total military service''
and inserting ``20 years of total military service''.
(b) Computation of Bonus Amount.--Subsection (b) of such
section is amended by adding at the end the following new
paragraph:
``(3) Any portion of a term of reenlistment or extension of
enlistment of a member that, when added to the total years of
service of the member at the time of discharge or release,
exceeds 24 years may not be used in computing the total bonus
amount under paragraph (1).''.
(c) Authority to Waive Eligibility Requirements.--
Subsection (c)(2) of such section is amended by striking ``In
the case'' and all that follows through ``the Secretary'' and
inserting ``In time of war or national emergency, the
Secretary''.
SEC. 620. COMBINATION OF AFFILIATION AND ACCESSION BONUSES
FOR SERVICE IN THE SELECTED RESERVE.
(a) Bonuses Authorized.--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 Select Reserve
``(a) Affiliation Bonus Authorized.--(1) The Secretary
concerned may pay an affiliation bonus to an enlisted member
of an armed force who--
``(A) has completed fewer than 20 total years of military
service; and
``(B) executes a written agreement with the Secretary to
serve in the Selected Reserve, after being discharged or
released from active duty, for a period of not less than
three years in a skill, unit, or pay grade designated under
paragraph (2).
``(2) The Secretary concerned shall designate the critical
skills, units, and pay grades for which an affiliation bonus
is available under this subsection.
``(b) Accession Bonus Authorized.--The Secretary concerned
may pay an accession bonus to a person who--
``(1) has not previously served in the armed forces; and
``(2) executes a written agreement to serve as an enlisted
member in the Selected Reserve for a period of not less than
three years.
``(c) Limitation on Amount of Bonus.--The amount of a bonus
under subsection (a) or (b) may not exceed $15,000.
``(d) Payment Method.--Upon acceptance of a written
agreement by the Secretary concerned under subsection (a) or
(b), the total amount of the bonus payable under the
agreement becomes fixed. The agreement shall specify whether
the bonus will be paid by the Secretary in a lump sum or in
installments.
``(e) Payment to Mobilized Members.--A member of the
Selected Reserve 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.
``(f) Repayment.--A person who enters into an agreement
under subsection (a) or (b) and receives all or part of the
bonus under the agreement, but who does not commence to serve
in the Selected Reserve or does not satisfactorily
participate in the Selected Reserve for the total period of
service specified in the agreement, shall be subject to the
repayment provisions of section 303a(e) of this title.
``(g) Regulations.--This section shall be administered
under regulations prescribed by the Secretary of Defense for
the armed forces under the jurisdiction of the Secretary of
Defense and by the Secretary of Homeland Security for the
Coast Guard when it is not operating as a service in the
Navy.
``(h) Termination of Bonus Authority.--No bonus may be paid
under this section with respect to any agreement under
subsection (a) or (b) entered into after December 31,
2006.''.
(b) Repeal of Separate Reserve Affiliation Bonus.--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 the Select
Reserve.''
(2) by striking the item relating to section 308e.
(d) Limitation on Fiscal Year 2006 Obligations.--During
fiscal year 2006, obligations incurred under section 308c of
title 37, United States Code, to provide bonuses for
affiliation or enlistment in the Select Reserve using the
expanded authority provided by the amendment made by
subsection (a) may not exceed $30,000,000. The bonus
authority available under such section shall not be
considered to be an expanded authority to the extent that the
authority was available under section 308e of such title,
before the repeal of such section by subsection (b).
SEC. 621. ELIGIBILITY REQUIREMENTS FOR PRIOR SERVICE
ENLISTMENT BONUS.
Section 308i(a)(2) of title 37, United States Code, is
amended by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) The person has not more than 16 years of total
military service and received an honorable discharge at the
conclusion of all prior periods of service.''.
SEC. 622. INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF ENLISTMENT
BONUS.
(a) Increase.--Section 309(a) of title 37, United States
Code, is amended by striking ``$20,000'' and inserting
``$30,000''.
(b) Limitation on Fiscal Year 2006 Obligations.--During
fiscal year 2006, obligations incurred under section 309 of
title 37, United States Code, to provide enlistment bonuses
in the increased amounts authorized by the amendment made by
subsection (a) may not exceed $30,000,000.
SEC. 623. DISCRETION OF SECRETARY OF DEFENSE TO AUTHORIZE
RETROACTIVE HOSTILE FIRE AND IMMINENT DANGER
PAY.
Section 310(c) of title 37, United States Code, is
amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph (1):
``(1) In the case of an area described in subparagraph (B)
or (D) of subsection (a)(2), the Secretary of Defense shall
be responsible for designating the period during which duty
in the area will qualify members for special pay under this
section. The effective date designated for the commencement
of such a period may be a date occurring before, on, or after
the actual date on which the Secretary makes the designation.
If the commencement date for such a period is a date
occurring before the date on which the Secretary makes the
designation, the payment of special pay under this section
for the period between the commencement date and the date on
which the Secretary made the designation shall be subject to
the availability of appropriated funds for that purpose.''.
SEC. 624. INCREASE IN MAXIMUM BONUS AMOUNT FOR NUCLEAR-
QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE
DUTY.
Section 312(a) of title 37, United States Code, is amended
by striking ``$25,000'' and inserting ``$30,000''.
SEC. 625. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR CAREER ANNUAL
INCENTIVE BONUS FOR NUCLEAR-QUALIFIED OFFICERS
TRAINED WHILE SERVING AS ENLISTED MEMBERS.
Section 312c(b)(1) of title 37, United States Code, is
amended by striking ``$10,000'' and inserting ``14,000''.
SEC. 626. UNIFORM PAYMENT OF FOREIGN LANGUAGE PROFICIENCY PAY
TO ELIGIBLE RESERVE COMPONENT MEMBERS AND
REGULAR COMPONENT MEMBERS.
(a) Availability of Bonus in Lieu of Monthly Special Pay.--
Subsection (a) of section 316 of title 37, United States
Code, is amended--
(1) by striking ``monthly special pay'' and inserting ``a
bonus''; and
(2) by striking ``is entitled to basic pay under section
204 of this title and who''.
(b) Payment of Bonus.--Such section is further amended--
(1) by striking subsections (b), (d), (e), and (g);
(2) by redesignating subsections (f) and (h) as subsections
(d) and (f) respectively;
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Bonus Amount; Time for Payment.--A bonus under
subsection (a) may not exceed $12,000 per one-year
certification period. The Secretary concerned may pay the
bonus in a single lump sum at the beginning of the
certification period or in installments during the
certification period. The bonus is in addition to any other
pay or allowance payable to a member under any other
provision of law.''.
(c) Conforming Amendments.--Such section is further
amended--
(1) in subsection (c)--
(A) by striking ``special pay or'' both places it appears;
and
(B) by striking ``or (b)'';
(2) in subsection (d), as redesignated by subsection
(b)(2)--
(A) in paragraph (1)--
(i) by striking ``monthly special pay or'' in the matter
preceding subparagraph (A); and
(ii) in subparagraph (C), by striking ``for receipt'' and
all that follows through the period at the end and inserting
``under subsection (a)'';
(B) in paragraph (2), by striking ``For purposes'' and all
that follows through ``the Secretary concerned'' and
inserting ``The Secretary concerned'';
(C) in paragraph (3)--
(i) by striking ``special pay or'' both places it appears;
and
(ii) by striking ``subsection (h)'' and inserting
``subsection (f)''; and
(D) in paragraph (4), by striking ``subsection (g)'' and
inserting ``section 303a(e) of this title''; and
(3) by inserting after such subsection (d) the following
new subsection (e):
``(e) Repayment.--A member who receives a bonus under this
section, but who does not satisfy an eligibility requirement
specified in paragraph (1), (2), (3), or (4) of subsection
(a) for the entire certification period, shall be subject to
the repayment provisions of section 303a(e) of this title.''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
[[Page H3954]]
``Sec. 316. Special pay: bonus for members with foreign
language proficiency''.
(2) Table of sections.--The table of sections at the
beginning of chapter 5 of such title is amended by striking
the item relating to section 316 and inserting the following
new item:
``316: Special pay: bonus for members with foreign language
proficiency.''.
SEC. 627. RETENTION BONUS FOR MEMBERS QUALIFIED IN CERTAIN
CRITICAL SKILLS OR SATISFYING OTHER ELIGIBILITY
CRITERIA.
(a) Availability of Bonus for Reserve Component Members.--
Section 323 of title 37, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``who is serving on active duty and'' and inserting ``who is
serving on active duty in a regular component or in an active
status in a reserve component and who'';
(B) in paragraph (1), by inserting ``or to remain in an
active status in a reserve component for at least one year''
before the semicolon; and
(C) in paragraph (3), by inserting ``or to remain in an
active status in a reserve component for a period of at least
one year'' before the period; and
(2) in subsection (e)(1), by inserting ``or service in an
active status in a reserve component'' after ``active duty''
each place it appears.
(b) Additional Criteria for Bonus.--Such section is further
amended--
(1) in subsection (a), by striking ``designated critical
military skill'' and inserting ``critical military skill
designated under subsection (b) or satisfies such other
eligibility criteria established under such subsection'';
(2) in subsection (b)--
(A) by striking ``Designation of Critical Skills.--'' and
inserting ``Eligibility Criteria.--(1)''; and
(B) by adding at the end the following new paragraph:
``(2) The Secretary of Defense, and the Secretary of
Homeland Security with respect to the Coast Guard when it is
not operating as a service in the Navy, may establish such
other criteria as the Secretary considers appropriate under
which a retention bonus will be provided to a member of the
armed forces under subsection (a).''; and
(3) in subsection (h)(1), by striking ``members qualified
in the critical military skills for which the bonuses were
offered'' and inserting ``members of the armed forces who
were offered a bonus under this section''.
(c) Extended Eligibility Period for Certain Members.--
Subsection (e) of such section is amended by striking
paragraph (2) and inserting the following new paragraphs:
``(2) The limitations in paragraph (1) do not apply with
respect to an officer who, during the period of active duty
or service in an active status in a reserve component for
which the bonus is being offered, is assigned duties as a
health care professional.
``(3) The limitations in paragraph (1) do not apply with
respect to a member who, during the period of active duty or
service in an active status in a reserve component for which
the bonus is being offered--
``(A) is qualified in a skill designated as critical under
subsection (b)(1) related to special operations forces; or
``(B) is qualified for duty in connection with the
supervision, operation, and maintenance of naval nuclear
propulsion plants.''.
(d) Repayment Requirements.--Subsection (g) of such section
is amended to read as follows:
``(g) Repayment.--A member paid a bonus under this section
who fails, during the period of service covered by the
member's agreement, reenlistment, or voluntary extension of
enlistment under subsection (a), to remain qualified in the
critical military skill or to satisfy the other eligibility
criteria for which the bonus was paid shall be subject to the
repayment provisions of section 303a(e) of this title.''.
(e) Clerical Amendments.--
(1) Section heading.--The heading of section 323 of such
title is amended to read as follows:
``Sec. 323. Special pay: retention incentives for members
qualified in a critical military skill or who satisfy other
eligibility criteria''.
(2) Table of sections.--The table of sections at the
beginning of chapter 5 of such title is amended by striking
the item relating to section 323 and inserting the following
new item:
``323. Special pay: retention incentives for members qualified in a
critical military skill or who satisfy other eligibility
criteria.''.
(f) Effective Date.--Section 323(a) of title 37, United
States Code, as amended by this section, shall apply to
agreements, reenlistments, and the voluntary extension of
enlistments referred to in subsection (a) of such section
entered into on or after October 1, 2005.
SEC. 628. AVAILABILITY OF CRITICAL-SKILLS ACCESSION BONUS FOR
PERSONS ENROLLED IN SENIOR RESERVE OFFICERS'
TRAINING CORPS WHO ARE OBTAINING NURSING
DEGREES.
(a) Authority to Provide Bonus.--Section 324 of title 37,
United States Code, as amended by section 614(f) of this Act,
is further amended--
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Nurse Candidates in Senior Reserve Officers' Training
Corps.--(1) A person enrolled in the Senior Reserve Officers'
Training Corps program of the Army for advanced training
under chapter 103 of title 10, including a person receiving
financial assistance under section 2107 of such title, may
receive an accession bonus under this section if the person--
``(A) has completed the second year of an accredited
baccalaureate degree program in nursing; and
``(B) executes an agreement under this section to serve on
active duty as a commissioned officer in the Army Nurse
Corps.
``(2) Notwithstanding subsection (c), the amount of the
accession bonus paid to a person described in paragraph (1)
may not exceed $5,000. ''.
(b) Retroactive Application to Existing Agreements.--
Subsection (f) of section 324 of title 37, United States
Code, as added by subsection (a), shall apply with respect to
agreements referred to in paragraph (1)(B) of such subsection
executed on or after October 5, 2004.
Subtitle C--Travel and Transportation Allowances
SEC. 641. AUTHORIZED ABSENCES OF MEMBERS FOR WHICH LODGING
EXPENSES AT TEMPORARY DUTY LOCATION MAY BE
PAID.
(a) Absences Covered by Allowance.--Section 404b of title
37, United States Code, is amended--
(1) in subsection (a), by striking ``while the member is in
an authorized leave status'' and inserting ``during an
authorized absence of the member from the temporary duty
location'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``taking the authorized
leave'' and inserting ``the authorized absence''; and
(B) in paragraph (3), by striking ``immediately after
completing the authorized leave'' and inserting ``before the
end of the authorized absence'';
(3) in subsection (c), by striking ``while the member was
in an authorized leave status'' and inserting ``during the
authorized absence of the member''; and
(4) by adding at the end the following new subsection:
``(d) Authorized Absence Defined.--In this section, the
term `authorized absence', with respect to a member, means
that the member is in an authorized leave status or that the
absence of the member is otherwise authorized by the
commander of the member.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 404b. Travel and transportation allowances: payment of
lodging expenses at temporary duty location during
authorized absence of member''.
(2) Table of sections.--The table of sections at the
beginning of chapter 7 of such title is amended by striking
the item relating to section 404b and inserting the following
new item:
``404b. Travel and transportation allowances: payment of lodging
expenses at temporary duty location during authorized
absence of member.''.
SEC. 642. EXTENDED PERIOD FOR SELECTION OF HOME FOR TRAVEL
AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS OF
DECEASED MEMBER.
(a) Death of Member Entitled to Basic Pay.--Subsection (f)
section 406 of title 37, United States Code, is amended--
(1) by inserting ``(1)'' after ``(f)'';
(2) by striking ``he'' and inserting ``the member''; and
(3) by adding at the end the following new paragraph:
``(2) The Secretary concerned shall give the dependents of
a member described in paragraph (1) a period of not less than
three years, beginning on the date of the death of the
member, during which to select a home for the purposes of the
travel and transportation allowances authorized by this
section.''.
(b) Certain Other Deceased Members.--Subsection (g)(3) of
such section is amended in the first sentence--
(1) by striking ``he exercises it'' and inserting ``the
member exercises the right or entitlement'';
(2) by striking ``his baggage and household effects'' and
inserting ``the baggage and household effects of the deceased
member''; and
(3) by striking ``his surviving dependents or, if'' and
inserting ``the surviving dependents at any time before the
end of the three-year period beginning on the date on which
the member accrued that right or benefit. If''.
SEC. 643. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO
REPATRIATION OF MEMBERS HELD CAPTIVE.
(a) Allowances Authorized.--Chapter 7 of title 37, United
States Code, is amended by inserting after section 411i the
following new section:
``Sec. 411j. Travel and transportation allowances:
transportation of family members incident to repatriation
of members held captive
``(a) Allowances Authorized.--(1) The Secretary concerned
may provide the travel and transportation allowances
described in subsection (c) to not more than three family
members of a member of the uniformed services who--
``(A) is serving on active duty;
[[Page H3955]]
``(B) was officially carried or determined to be absent in
a missing status (as defined in section 551 of this title);
and
``(C) is repatriated to a site in or outside the United
States.
``(2) In circumstances determined to be appropriate by the
Secretary concerned, the Secretary may waive the limitation
on the number of family members of a member provided travel
and transportation allowances under this section.
``(b) Eligible Persons.--(1) In this section, the term
`family member' has the meaning given that term in section
411h(b) of this title.
``(2) The Secretary concerned may also provide the travel
and transportation allowances to an attendant who accompanies
a family member if the Secretary determines that--
``(A) the family member is unable to travel unattended
because of age, physical condition, or other justifiable
reason; and
``(B) no other family member who is receiving the
allowances under this section is able to serve as an
attendant for the family member.
``(3) If no family member is able to travel to the
repatriation site, the Secretary concerned may provide the
travel and transportation allowances to not more than two
persons who are related to the member (but who do not satisfy
the definition of family member) and are selected by the
member.
``(c) Allowances Described.--(1) The transportation
authorized by subsection (a) is round-trip transportation
between--
``(A) the home of the family member (or the home of an
attendant or other person provided transportation pursuant to
paragraph (2) or (3) of subsection (b)); and
``(B) the location of the repatriation site or other
location determined to be appropriate by the Secretary
concerned.
``(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 under section 404(d) of this
title.
``(d) Provision of Allowances.--(1) The transportation
authorized by subsection (a) may be provided by any of the
following means:
``(A) Transportation in-kind.
``(B) A monetary allowance in place of transportation in-
kind at a rate to be prescribed by the Secretaries concerned.
``(C) Reimbursement for the commercial cost of
transportation.
``(2) An allowance payable under this subsection may be
paid in advance.
``(3) Reimbursement payable under this subsection may not
exceed the cost of government-procured commercial round-trip
air travel.
``(e) Regulations.--The Secretaries concerned shall
prescribe uniform regulations to carry out this section.''.
(b) Clerical Amendment.--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 repatriation of members held
captive.''.
SEC. 644. INCREASED WEIGHT ALLOWANCES FOR SHIPMENT OF
HOUSEHOLD GOODS OF SENIOR NONCOMMISSIONED
OFFICERS.
(a) Increase.--The table in section 406(b)(1)(C) of title
37, United States Code, is amended by striking the items
relating to pay grades E-7 through E-9 and inserting the
following new items:
``E-9............................................. 13,000 15,000
E-8............................................... 12,000 14,000
E-7............................................... 11,000 13,000''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2006, and apply with respect
to an order in connection with a change of temporary or
permanent station issued on or after that date.
Subtitle D--Retired Pay and Survivor Benefits
SEC. 651. MONTHLY DISBURSEMENT TO STATES OF STATE INCOME TAX
WITHHELD FROM RETIRED OR RETAINER PAY.
Section 1045(a) of title 10, United States Code, is amended
in the third sentence--
(1) by striking ``quarter'' the first place it appears and
inserting ``month''; and
(2) by striking ``during the month following that calendar
quarter'' and inserting ``during the following calendar
month''.
SEC. 652. REVISION TO ELIGIBILITY FOR NONREGULAR SERVICE
RETIREMENT AFTER ESTABLISHING ELIGIBILITY FOR
REGULAR RETIREMENT.
(a) Revision to Allow Continuation in Active Status.--
Subsection (a) of section 12741 of title 10, United States
Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``becoming entitled to'' and inserting ``having met the
requirements for''; and
(2) in paragraph (3), by striking ``become entitled to''
and inserting ``met the requirements for''.
(b) Conforming Amendment.--Subsection (b)(1) of such
section is amended by striking ``entitlement to'' and
inserting ``eligibility for''.
(c) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 12741. Retirement from active reserve service
performed after becoming eligible for regular retirement''.
(2) Table of sections.--The item relating to section 12741
in the table of sections at the beginning of chapter 1223 of
such title is amended to read as follows:
``12741. Retirement from active reserve service performed after
becoming eligible for regular retirement.''.
SEC. 653. DENIAL OF MILITARY FUNERAL HONORS IN CERTAIN CASES.
(a) Additional Circumstances for Denial of Funeral
Honors.--Subsection (a) of section 985 of title 10, United
States Code, is amended--
(1) by inserting ``(under section 1491 of this title or any
other authority)'' after ``military honors''.
(2) by striking ``a person'' and all that follows and
inserting ``any of the following persons:
``(1) A person 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.
``(2) A person not covered by paragraph (1) who is
ineligible for interment in Arlington National Cemetery or a
national cemetery under the control of the National Cemetery
Administration by reason of section 2411(b) of title 38.
``(3) A person who is a veteran (as defined in section
1491(h) of this title) or who died while on active duty or a
member of a reserve component, when the circumstances
surrounding the person's death or other circumstances as
specified by the Secretary of Defense are such that to
provide military honors at the funeral or burial of the
person would bring discredit upon the person's service (or
former service).''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 985. Persons convicted of capital crimes; certain
other persons: denial of specified burial-related
benefits''.
(2) Table of sections.--The item relating to section 985 in
the table of sections at the beginning of chapter 49 of such
title is amended to read as follows:
``985. Persons convicted of capital crimes; certain other persons:
denial of specified burial-related benefits.''.
(c) Cross-Reference Amendment.--Section 1491(a) of such
title is amended by inserting before the period at the end
the following: ``, except when military honors are prohibited
under section 985(a) of this title''.
(d) Effective Date.--The amendments made by this section
shall apply with respect to funerals and burials that occur
on or after the date of the enactment of this Act.
SEC. 654. CHILD SUPPORT FOR CERTAIN MINOR CHILDREN OF
RETIREMENT-ELIGIBLE MEMBERS CONVICTED OF
DOMESTIC VIOLENCE RESULTING IN DEATH OF CHILD'S
OTHER PARENT.
(a) Authority for Court-Ordered Payments.--Section 1408(h)
of title 10, United States Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``(A)'' after ``(1)''; and
(B) by adding at the end of such paragraph the following:
``(B) If, in the case of a member or former member of the
armed forces referred to in paragraph (2)(A), a court order
provides for the payment as child support of an amount from
the disposable retired pay of that member or former member
(as certified under paragraph (4)) to an eligible dependent
child of the member or former member, the Secretary
concerned, beginning upon effective service of such court
order, shall pay that amount in accordance with this
subsection to such dependent child.'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by inserting
``, or a dependent child,'' after ``former spouse'';
(B) in subparagraph (B)--
(i) by inserting ``in the case of eligibility of a spouse
or former spouse under paragraph (1)(A),'' after ``(B)''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following new subparagraph:
``(C) in the case of eligibility of a dependent child under
paragraph (1)(B), the other parent of the child died as a
result of the misconduct that resulted in the termination of
retired pay.'';
(3) in paragraph (4), by inserting ``, or an eligible
dependent child,'' after ``former spouse'';
(4) in paragraph (5), by inserting ``, or the dependent
child,'' after ``former spouse''; and
(5) in paragraph (6), by inserting ``, or to a dependent
child,'' after ``former spouse''.
[[Page H3956]]
(b) Effective Date.--A court order authorized by the
amendments made by this section may not provide for a payment
attributable to any period before October 1, 2005, or the
date of the court order, whichever is later.
SEC. 655. CONCURRENT RECEIPT OF VETERANS DISABILITY
COMPENSATION AND MILITARY RETIRED PAY.
Section 1414(a) of title 10, United States Code, is amended
by inserting before the period at the end the following: ``,
and in the case of a qualified retiree receiving veterans'
disability compensation at the rate payable for a 100 percent
disability by reason of a determination of individual
unemployability, payment of retired pay to such veteran is
subject to subsection (c) only during the period beginning on
January 1, 2004, and ending on September 30, 2009''.
SEC. 656. MILITARY SURVIVOR BENEFIT PLAN BENEFICIARIES UNDER
INSURABLE INTEREST COVERAGE.
(a) Authority to Elect New Beneficiary.--Section 1448(b)(1)
of title 10, United States Code, is amended--
(1) by inserting ``or under subparagraph (G) of this
paragraph'' in the second sentence of subparagraph (E) before
the period at the end; and
(2) by adding at the end the following new subparagraph:
``(G) Election of new beneficiary upon death of previous
beneficiary.--
``(i) Authority for election.--If the reason for
discontinuation in the Plan is the death of the beneficiary,
the participant in the Plan may elect a new beneficiary. Any
such beneficiary must be a natural person with an insurable
interest in the participant. Such an election may be made
only during the 180-day period beginning on the date of the
death of the previous beneficiary.
``(ii) Procedures.--Such an election shall be in writing,
signed by the participant, and made in such form and manner
as the Secretary concerned may prescribe. Such an election
shall be effective the first day of the first month following
the month in which the election is received by the Secretary.
``(iii) Vitiation of election by participant who dies
within two years of election.--If a person providing an
annuity under a election under clause (i) dies before the end
of the two-year period beginning on the effective date of the
election--
``(I) the election is vitiated; and
``(II) the amount by which the person's retired pay was
reduced under section 1452 of this title that is attributable
to the election shall be paid in a lump sum to the person who
would have been the deceased person's beneficiary under the
vitiated election if the deceased person had died after the
end of such two-year period.''.
(b) Change in Premium for Coverage of New Beneficiary.--
Section 1452(c) of such title is amended by adding at the end
the following new paragraph:
``(5) Rule for designation of new insurable interest
beneficiary following death of original beneficiary.--The
Secretary of Defense shall prescribe in regulations premiums
which a participant making an election under section
1448(b)(1)(G) of this title shall be required to pay for
participating in the Plan pursuant to that election. The
total amount of the premiums to be paid by a participant
under the regulations shall be equal to the sum of the
following:
``(A) The total additional amount by which the retired pay
of the participant would have been reduced before the
effective date of the election if the original beneficiary
(i) had not died and had been covered under the Plan through
the date of the election, and (ii) had been the same number
of years younger than the participant (if any) as the new
beneficiary designated under the election.
``(B) Interest on the amounts by which the retired pay of
the participant would have been so reduced, computed from the
dates on which the retired pay would have been so reduced at
such rate or rates and according to such methodology as the
Secretary of Defense determines reasonable.
``(C) Any additional amount that the Secretary determines
necessary to protect the actuarial soundness of the
Department of Defense Military Retirement Fund against any
increased risk for the fund that is associated with the
election.''.
(c) Transition.--
(1) Transition period.--In the case of a participant in the
Survivor Benefit Plan who made a covered insurable-interest
election (as defined in paragraph (2)) and whose designated
beneficiary under that election dies before the date of the
enactment of this Act or during the 18-month period beginning
on such date, the time period applicable for purposes of the
limitation in the third sentence of subparagraph (G)(i) of
section 1448(b)(1) of title 10, United States Code, as added
by subsection (a), shall be the two-year period beginning on
the date of the enactment of this Act (rather than the 180-
day period specified in that sentence).
(2) Covered insurable-interest elections.--For purposes of
paragraph (1), a covered insurable-interest election is an
election under section 1448(b)(1) of title 10, United States
Code, made before the date of the enactment of this Act, or
during the 18-month period beginning on such date, by a
participant in the Survivor Benefit Plan to provide an
annuity under that plan to a natural person with an insurable
interest in that person.
(3) Survivor benefit plan.--For purposes of this
subsection, the term ``Survivor Benefit Plan'' means the
program under subchapter II of chapter 73 of title 10, United
States Code.
Subtitle E--Commissary and Nonappropriated Fund Instrumentality
Benefits
SEC. 661. INCREASE IN AUTHORIZED LEVEL OF SUPPLIES AND
SERVICES PROCUREMENT FROM OVERSEAS EXCHANGE
STORES.
Subsection 2424(b) of title 10, United States Code, is
amended by striking ``$50,000'' and inserting ``$100,000''.
SEC. 662. REQUIREMENTS FOR PRIVATE OPERATION OF COMMISSARY
STORE FUNCTIONS.
Section 2485(a)(2) of title 10, United States Code, is
amended by adding at the end the following new sentence:
``Until December 31, 2010, the Defense Commissary Agency is
not required to conduct any cost-comparison study under the
policies and procedures of Office of Management and Budget
Circular A-76 relating to the possible contracting out of
commissary store functions.''.
SEC. 663. PROVISION OF INFORMATION TECHNOLOGY SERVICES FOR
ACCOMMODATIONS PROVIDED BY NONAPPROPRIATED FUND
INSTRUMENTALITIES FOR WOUNDED MEMBERS OF THE
ARMED FORCES AND THEIR FAMILIES.
(a) Authority to Provide Services.--Section 2494 of title
10, United States Code, is amended--
(1) by inserting ``(a) Utility Services.--'' before
``Appropriations''; and
(2) by adding at the end the following new subsection:
``(b) Information Technology Services.--Appropriations for
the Department of Defense may be used to provide information
technology services, including equipment and access to the
internet, for--
``(1) Fisher Houses and Fisher Suites associated with
health care facilities of a military department; and
``(2) other accommodations made available by a
nonappropriated fund instrumentality of the Department of
Defense to members of the Armed Forces recovering from a
wound or injury or to dependents of such members.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 2494. Nonappropriated fund instrumentalities:
furnishing certain services for morale, welfare, and
recreation purposes''.
(2) Table of sections.--The table of sections at the
beginning of subchapter III of chapter 147 of such title is
amended by striking the item relating to section 2494 and
inserting the following new item:
``2494. Nonappropriated fund instrumentalities: furnishing certain
services for morale, welfare, and recreation purposes.''.
SEC. 664. PROVISION OF AND PAYMENT FOR OVERSEAS
TRANSPORTATION SERVICES FOR COMMISSARY AND
EXCHANGE SUPPLIES.
Section 2643 of title 10, United States Code, is amended--
(1) by inserting ``(a) Transportation Options.--'' before
``The Secretary'';
(2) in the first sentence, by striking ``by sea without
relying on the Military Sealift Command'' and inserting ``to
destinations outside the continental United States without
relying on the Air Mobility Command, the Military Sealift
Command'';
(3) in the second sentence, by striking ``transportation
contracts'' and inserting ``contracts for sea-borne
transportation''; and
(4) by adding at the end the following new subsection:
``(b) Payment of Transportation Costs.--Section 2483(b)(5)
of this title, regarding the use of appropriated funds to
cover the expenses of operating commissary stores, shall
apply to the transportation of commissary supplies.
Appropriated funds for the Department of Defense shall also
be used to cover the expenses of transporting exchange
supplies to destinations outside the continental United
States.''.
SEC. 665. COMPENSATORY TIME OFF FOR CERTAIN NONAPPROPRIATED
FUND EMPLOYEES.
Section 5543 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(d)(1) The appropriate Secretary may, on request of an
employee of a nonappropriated fund instrumentality of the
Department of Defense or the Coast Guard described in section
2105(c), grant such employee compensatory time off from duty
instead of overtime pay for overtime work.
``(2) For purposes of this subsection, the term
`appropriate Secretary' means--
``(A) with respect to an employee of a nonappropriated fund
instrumentality of the Department of Defense, the Secretary
of Defense; and
``(B) with respect to an employee of a nonappropriated fund
instrumentality of the Coast Guard, the Secretary of the
Executive department in which it is operating.''.
Subtitle F--Other Matters
SEC. 671. INCLUSION OF SENIOR ENLISTED ADVISOR FOR THE
CHAIRMAN OF THE JOINT CHIEFS OF STAFF AMONG
SENIOR ENLISTED MEMBERS OF THE ARMED FORCES.
(a) Basic Pay Rate.--
(1) Equal treatment.--The rate of basic pay for an enlisted
member in the grade E-9 while serving as Senior Enlisted
Advisor
[[Page H3957]]
for the Chairman of the Joint Chiefs of Staff shall be the
same as the rate of basic pay for an enlisted member in that
grade while serving as Sergeant Major of the Army, Master
Chief Petty Officer of the Navy, Chief Master Sergeant of the
Air Force, Sergeant Major of the Marine Corps, or Master
Chief Petty Officer of the Coast Guard, regardless of
cumulative years of service computed under section 205 of
title 37, United States Code.
(2) Effective date.--Paragraph (1) shall apply beginning on
the date on which an enlisted member of the Armed Forces is
first appointed to serve as Senior Enlisted Advisor for the
Chairman of the Joint Chiefs of Staff.
(b) Pay During Terminal Leave or While Hospitalized.--
Section 210(c) of title 37, United States Code, is amended by
adding at the end the following new paragraph:
``(6) The Senior Enlisted Advisor for the Chairman of the
Joint Chiefs of Staff.''.
(c) Personal Money Allowance.--Section 414(c) of such title
is amended--
(1) by striking ``or'' after ``Sergeant Major of the Marine
Corps,''; and
(2) by inserting before the period at the end the
following: ``, or the Senior Enlisted Advisor for the
Chairman of the Joint Chiefs of Staff''.
(d) Retired Pay Base.--Section 1406(i)(3)(B) of title 10,
United States Code, is amended by adding at the end the
following new clause:
``(vi) Senior Enlisted Advisor for the Chairman of the
Joint Chiefs of Staff.''.
SEC. 672. SPECIAL AND INCENTIVE PAYS CONSIDERED FOR SAVED PAY
UPON APPOINTMENT OF MEMBERS AS OFFICERS.
(a) Inclusion and Exclusion of Certain Pay Types.--
Subsection (d) of section 907 of title 37, United States
Code, is amended to read as follows:
``(d)(1) In determining the amount of the pay and
allowances of a grade formerly held by an officer, the
following special and incentive pays may be considered only
so long as the officer continues to perform the duty that
creates the entitlement to, or eligibility for, that pay and
would otherwise be eligible to receive that pay in the former
grade:
``(A) Incentive pay for hazardous duty under section 301 of
this title.
``(B) Submarine duty incentive pay under section 301c of
this title.
``(C) Special pay for diving duty under section 304 of this
title.
``(D) Hardship duty pay under section 305 of this title.
``(E) Career sea pay under section 305a of this title.
``(F) Special pay for service as a member of a Weapons of
Mass Destruction Civil Support Team under section 305b of
this title.
``(G) Assignment incentive pay under section 307a of this
title.
``(H) Special pay for duty subject to hostile fire or
imminent danger under section 310 of this title.
``(I) Special pay or bonus for an extension of duty at a
designated overseas location under section 314 of this title.
``(J) Foreign language proficiency pay under section 316 of
this title.
``(K) Critical skill retention bonus under section 323 of
this title.
``(2) The following special and incentive pays are
dependent on a member being in an enlisted status and may not
be considered in determining the amount of the pay and
allowances of a grade formerly held by an officer:
``(A) Special duty assignment pay under section 307 of this
title.
``(B) Reenlistment bonus under section 308 of this title.
``(C) Enlistment bonus under section 309 of this title.
``(D) Reenlistment bonus for nuclear-trained and qualified
enlisted members under section 312a of this title.
``(E) Career enlisted flyer incentive pay under section 320
of this title.''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) in subsections (a) and (b)--
(A) by striking ``he'' each place it appears and inserting
``the officer''; and
(B) by striking ``his appointment'' each place it appears
and inserting ``the appointment'';
(2) in subsection (c)(2), by striking ``he'' and inserting
``the officer''.
SEC. 673. REPAYMENT OF UNEARNED PORTION OF BONUSES, SPECIAL
PAYS, AND EDUCATIONAL BENEFITS.
(a) Repayment of Unearned Portion of Bonuses and Other
Benefits.--
(1) Uniform repayment provision.--Section 303a of title 37,
United States Code, is amended by adding at the end the
following new subsection:
``(e) Repayment of Unearned Portion of Bonuses and Other
Benefits When Conditions of Payment not Met.--(1) A member of
the uniformed services who receives a bonus or similar
benefit and whose receipt of the bonus or similar benefit is
subject to the condition that the member continue to satisfy
certain eligibility requirements shall repay to the United
States an amount equal to the unearned portion of the bonus
or similar benefit if the member fails to satisfy the
requirements, except in certain circumstances authorized by
the Secretary concerned.
``(2) The Secretary concerned may establish, by
regulations, procedures for determining the amount of the
repayment required under this subsection and the
circumstances under which an exception to the required
repayment may be granted. The Secretary concerned may specify
in the regulations the conditions under which an installment
payment of a bonus or similar benefit to be paid to a member
of the uniformed services will not be made if the member no
longer satifies the eligibility requirements for the bonus or
similar benefit. For the military departments, this
subsection shall be administered under regulations prescribed
by the Secretary of Defense.
``(3) An obligation to repay the United States under this
subsection is, for all purposes, a debt owed the United
States. A discharge in bankruptcy under title 11 does not
discharge a person from such debt if the discharge order is
entered less than five years after--
``(A) the date of the termination of the agreement or
contract on which the debt is based; or
``(B) in the absence of such an agreement or contract, the
date of the termination of the service on which the debt is
based.
``(4) In this subsection:
``(A) The term `bonus or similar benefit' means a bonus,
incentive pay, special pay, or similar payment, or an
educational benefit or stipend, paid to a member of the
uniformed services under a provision of law that refers to
the repayment requirements of this subsection.
``(B) The term `service', as used in paragraph (3)(B),
refers to an obligation willingly undertaken by a member of
the uniformed services, in exchange for a bonus or similar
benefit offered by the Secretary of Defense or the Secretary
concerned--
``(i) to remain on active duty or in an active status in a
reserve component;
``(ii) to perform duty in a specified skill, with or
without a specified qualification or credential;
``(iii) to perform duty at a specified location; or
``(iv) to perform duty for a specified period of time.''.
(2) Applicability to title 11 cases.--In the case of a
provision of law amended by subsection (b), (c), or (d) of
this section, paragraph (3) of subsection (a) of section 303a
of title 37, United States Code, as added by this subsection,
shall apply to any case commenced under title 11 after March
30, 2006.
(b) Conforming Amendments to Title 37.--
(1) Aviation career officer retention bonus.--Subsection
(g) of section 301b of title 37, United States Code, is
amended to read as follows:
``(g) Repayment.--An officer who does not complete the
period of active duty specified in the agreement entered into
under subsection (a) shall be subject to the repayment
provisions of section 303a(e) of this title.''.
(2) Medical officer multiyear retention bonus.--Subsection
(c) of section 301d of such title is amended to read as
follows:
``(c) Repayment.--An officer who does not complete the
period of active duty specified in the agreement entered into
under subsection (a) shall be subject to the repayment
provisions of section 303a(e) of this title.''.
(3) Dental officer multiyear retention bonus.--Subsection
(d) of section 301e of such title is amended to read as
follows:
``(d) Repayment.--An officer who does not complete the
period of active duty specified in the agreement entered into
under subsection (a) shall be subject to the repayment
provisions of section 303a(e) of this title.''.
(4) Medical officer special pay.--Section 302 of such title
is amended--
(A) in subsection (c)(2), by striking the last sentence and
inserting the following new sentence: ``If such entitlement
is terminated, the officer concerned shall be subject to the
repayment provisions of section 303a(e) of this title.''; and
(B) by striking subsection (f) and inserting the following
new subsection:
``(f) Repayment.--An officer who does not complete the
period for which the payment was made under subsection (a)(4)
or subsection (b)(1) shall be subject to the repayment
provisions of section 303a(e) of this title.''.
(5) Optometrist retention special pay.--Paragraph (4) of
section 302a(b) of such title is amended to read as follows:
``(4) The Secretary concerned may terminate at any time the
eligibility of an officer to receive retention special pay
under paragraph (1). An officer who does not complete the
period for which the payment was made under paragraph (1)
shall be subject to the repayment provisions of section
303a(e) of this title.''.
(6) Dental officer special pay.--Section 302b of such title
is amended--
(A) in subsection (b)(2), by striking the second sentence;
(B) by striking subsection (e) and inserting the following
new subsection:
``(e) Repayment.--An officer who does not complete the
period of active duty for which the payment was made under
subsection (a)(4) shall be subject to the repayment
provisions of section 303a(e) of this title.'';
(C) by striking subsection (f); and
(D) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
(7) Accession bonus for registered nurses.--Subsection (d)
of section 302d of such title is amended to read as follows:
``(d) An officer who does not become and remain licensed as
a registered nurse during the period for which the payment is
made, or who does not complete the period of active duty
specified in the agreement entered into under subsection (a)
shall be subject to the repayment provisions of section
303a(e) of this title.''.
(8) Nurse anesthetist special pay.--Section 302e of such
title is amended--
(A) in subsection (c), by striking the last sentence; and
(B) by striking subsection (e) and inserting the following
new subsection:
``(e) An officer who does not complete the period of active
duty specified in the agreement entered into under subsection
(a) shall be subject to the repayment provisions of section
303a(e) of this title.''.
[[Page H3958]]
(9) Reserve, recalled or retained health care officers
special pay.--Subsection (c) of section 302f of such title is
amended by striking ``refund'' and inserting ``repay.''.
(10) Selected reserve health care professionals in
critically short wartime specialties special pay.--Section
302g of such title is amended--
(A) by striking subsections (d) and (e);
(B) by inserting after subsection (c) the following new
subsection (d):
``(d) Repayment.--An officer who does not complete the
period of service in the Selected Reserve specified in the
agreement entered into under subsection (a) shall be subject
to the repayment provisions of section 303a(e) of this
title.''; and
(C) by redesignating subsection (f) as subsection (e).
(11) Accession bonus for dental officers.--Subsection (d)
of section 302h of such title is amended to read as follows:
``(d) A person after signing a written agreement who
thereafter is not commissioned as an officer of the armed
forces, or does not become licensed as a dentist, or does not
complete the period of active duty specified in the agreement
entered into under subsection (a) shall be subject to the
repayment provisions of section 303a(e) of this title.''.
(12) Accession bonus for pharmacy officers.--Subsection (e)
of section 302j of such title is amended to read as follows:
``(e) A person after signing a written agreement who
thereafter is not commissioned as an officer of the armed
forces, or does not become and remain certified or licensed
as a pharmacist, or does not complete the period of active
duty specified in the agreement entered into under subsection
(a) shall be subject to the repayment provisions of section
303a(e) of this title.''.
(13) Reenlistment bonus for active members.--Subsection (d)
of section 308 of such title is amended to read as follows:
``(d) Repayment.--A member who does not complete the term
of enlistment for which a bonus was paid to the member under
this section, or a member who is not technically qualified in
the skill for which a bonus was paid to to the member under
this section, shall be subject to the repayment provisions of
section 303a(e) of this title.''.
(14) Reenlistment bonus for selected reserve.--Subsection
(d) of section 308b of such title is amended to read as
follows:
``(d) A member who does not complete the term of enlistment
in the element of the Selected Reserve for which the bonus
was paid to the member under this section shall be subject to
the repayment provisions of section 303a(e) of this title.''.
(15) Ready reserve enlistment bonus.--Section 308g of such
title is amended--
(A) by striking subsection (d) and inserting the following
new subsection:
``(d) Repayment.--A person who does not serve
satisfactorily in the element of the Ready Reserve in the
combat or combat support skill for the period for which the
bonus was paid under this section shall be subject to the
repayment provisions of section 303a(e) of this title.'';
(B) by striking subsections (e) and (f); and
(C) by redesignating subsections (g) and (h) as subsections
(e) and (f), respectively.
(16) Ready reserve reenlistment, enlistment, and voluntary
extension of enlistment bonus.--Section 308h of such title is
amended--
(A) by striking subsection (c) and inserting the following
new subsection:
``(c) Repayment.--A person who does not complete the period
of enlistment or extension of enlistment for which the bonus
was paid under this section shall be subject to the repayment
provisions of section 303a(e) of this title.'';
(B) by striking subsections (d) and (e); and
(C) by redesignating subsections (f) and (g) as subsections
(d) and (e), respectively.
(17) Prior service enlistment bonus.--Subsection (d) of
section 308i of such title is amended to read as follows:
``(d) A person who receives a bonus payment under this
section and who, during the period for which the bonus was
paid, does not serve satisfactorily in the element of the
Selected Reserve with respect to which the bonus was paid
shall be subject to the repayment provisions of section
303a(e) of this title.''.
(18) Enlistment bonus.--Subsection (b) of section 309 of
such title is amended to read as follows:
``(b) A member who does not complete the term of enlistment
for which a bonus was paid to the member under this section,
or a member who is not technically qualified in the skill for
which a bonus was paid to the member under this section,
shall be subject to the repayment provisions of section
303a(e) of this title.''.
(19) Special pay for nuclear-qualified officers extending
active duty.--Subsection (b) of section 312 of such title is
amended to read as follows:
``(b) Repayment.--An officer who does not complete the
period of active duty in connection with the supervision,
operation, and maintenance of naval nuclear propulsion plants
that the officer agreed to serve, and for which a payment was
made under subsection (a)(3) or subsection (d)(1), shall be
subject to the repayment provisions of section 303a(e) of
this title.''.
(20) Nuclear career accession bonus.--Paragraph (2) of
section 312b(a) of such title is amended to read as follows:
``(2) An officer who does not commence or complete
satisfactorily the nuclear power training specified in the
agreement under paragraph (1) shall be subject to the
repayment provisions of section 303a(e) of this title.''.
(21) Enlisted members extending duty at designated
locations overseas.--Subsection (d) of section 314 of such
title is amended to read as follows:
``(d) A member who, having entered into a written agreement
to extend a tour of duty for a period under subsection (a),
receives a bonus payment under subsection (b)(2) for a 12-
month period covered by the agreement and ceases during that
12-month period to perform the agreed tour of duty shall be
subject to the repayment provisions of section 303a(e) of
this title.''.
(22) Engineering and scientific career continuation pay.--
Subsection (c) of section 315 of such title is amended to
read as follows:
``(c) An officer who, having entered into a written
agreement under subsection (b) and having received all or
part of a bonus under this section, does not complete the
period of active duty as specified in the agreement shall be
subject to the repayment provisions of section 303a(e) of
this title.''.
(23) Critical acquisition positions.--Subsection (f) of
section 317 of such title is amended to read as follows:
``(c) An officer who, having entered into a written
agreement under subsection (a) and having received all or
part of a bonus under this section, does not complete the
period of active duty as specified in the agreement shall be
subject to the repayment provisions of section 303a(e) of
this title.''.
(24) Special warfare officers extending period of active
duty.--Subsection (h) of section 318 of such title is amended
to read as follows:
``(h) An officer who, having entered into a written
agreement under subsection (b) and having received all or
part of a bonus under this section, does not complete the
period of active duty in special warfare service as specified
in the agreement shall be subject to the repayment provisions
of section 303a(e) of this title.''.
(25) Surface warfare officers extending period of active
duty.--Subsection (f) of section 319 of such title is amended
to read as follows:
``(f) An officer who, having entered into a written
agreement under subsection (b) and having received all or
part of a bonus under this section, does not complete the
period of active duty as a department head on a surface
vessel specified in the agreement, shall be subject to the
repayment provisions of section 303a(e) of this title.''.
(26) Judge advocate continuation pay.--Subsection (f) of
section 321 of such title is amended to read as follows:
``(f) An officer who has entered into a written agreement
under subsection (b) and has received all or part of the
amount payable under the agreement but who does not complete
the total period of active duty specified in the agreement,
shall be subject to the repayment provisions of section
303a(e) of this title.''.
(27) 15-year career status bonus.--Subsection (f) of
section 322 of such title is amended to read as follows:
``(f) If a person paid a bonus under this section does not
complete a period of active duty beginning on the date on
which the election of the person under paragraph (1) of
subsection (a) is received and ending on the date on which
the person completes 20 years of active duty service as
described in paragraph (2) of such subsection, the person
shall be subject to the repayment provisions of section
303a(e) of this title.''.
(28) Accession bonus for new officers in critical skills.--
Subsection (g) of section 324 of such title, as redesignated
by section 628(a)(1), is amended to read as follows:
``(g) Repayment.--An individual who, having received all or
part of the bonus under an agreement referred to in
subsection (a), is not thereafter commissioned as an officer
or does not commence or does not complete the total period of
active duty service specified in the agreement shall be
subject to the repayment provisions of section 303a(e) of
this title.''.
(29) Savings plan for education expenses and other
contingencies.--Subsection (g) of section 325 of such title
is amended to read as follows:
``(g) Repayment.--If a person does not complete the
qualifying service for which the person is obligated under a
commitment for which a benefit has been paid under this
section, the person shall be subject to the repayment
provisions of section 303a(e) of this title.''.
(30) Incentive bonus for conversion to military
occupational specialty.--Subsection (e) of section 326 of
such title is amended to read as follows:
``(e) Repayment.--A member who does not convert to and
complete the period of service in the military occupational
specialty specified in the agreement executed under
subsection (a) shall be subject to the repayment provisions
of section 303a(e) of this title.''.
(c) Conforming Amendments to Title 10.--
(1) Enlistment incentives for pursuit of skills to
facilitate national service.--Subsection (i) of section 510
of title 10, United States Code, is amended to read as
follows:
``(i) If a National Call to Service participant who has
entered into an agreement under subsection (b) and received
or benefitted from an incentive under paragraph (1) or (2) of
subsection (e) fails to complete the total period of service
specified in such agreement, the National Call to Service
participant shall be subject to the repayment provisions of
section 303a(e) of title 37.''.
(2) Advanced education assistance.--Section 2005 of such
title is amended--
(A) in subsection (a), by striking paragraph (3) and
inserting the following new paragraph:
``(3) that if such person does not complete the period of
active duty specified in the agreement, or does not fulfill
any term or condition prescribed pursuant to paragraph (4),
such person shall be subject to the repayment provisions of
section 303a(e) of title 37.'';
(B) by striking subsections (c), (d), (f), (g) and (h);
(C) by redesignating subsection (e) as subsection (c); and
[[Page H3959]]
(D) by inserting after subsection (c), as so redesignated,
the following new subsection:
``(d) As a condition of the Secretary concerned providing
financial assistance under section 2107 or 2107a of this
title to any person, the Secretary concerned shall require
that the person enter into the agreement described in
subsection (a). In addition to the requirements of paragraphs
(1) through (4) of such subsections (a), the agreement shall
specify that, if the person does not complete the education
requirements specified in the agreement or does not fulfill
any term or condition prescribed pursuant to paragraph (4) of
such subsection, the person shall be subject to the repayment
provisions of section 303a(e) of title 37 without the
Secretary first ordering such person to active duty as
provided for under subsection (a)(2) and sections 2107(f) and
2107a(f) of this title.''.
(3) Tuition for off-duty training or education.--Section
2007 of such title is amended by adding at the end the
following new subsection:
``(f) Repayment.--If such person does not complete the
period of active duty specified in the agreement under
subsection (b), the person shall be subject to the repayment
provisions of section 303a(e) of title 37.''.
(4) Failure to complete advanced training or to accept
commission.--Section 2105 of such title is amended--
(A) by striking ``A member'' and inserting ``(a) A
member''; and
(B) by adding at the end the following new subsection:
``(b) If such person does not complete the period of active
duty specified under subsection (a), the person shall be
subject to the repayment provisions of section 303a(e) of
title 37.''.
(5) Financial assistance program for specially selected
members.--Section 2107 of such title is amended by adding at
the end the following new subsection:
``(j) Repayment.--A person who, after signing a written
agreement under this section, is not commissioned as an
officer or does not complete the period of service as
specified in subsection (b), (f) or (h)(2) shall be subject
to the repayment provisions of section 303a(e) of title
37.''.
(6) Health professions scholarship and financial assistance
program for active service.--Subparagraph (C) of section
2123(e)(1) of such title is amended to read as follows:
``(C) If such person does not complete the period of active
duty obligation specified under subsection (a), such person
shall be subject to the repayment provisions of section
303a(e) of title 37.''.
(7) Financial assistance: nurse officer candidates.--
Subsection (d) of section 2130a of such title is amended to
read as follows:
``(d) Repayment.--A person who does not complete a nursing
degree program in which the person is enrolled in accordance
with the agreement entered into under subsection (a), or
having completed the nursing degree program, does not become
an officer in the Nurse Corps of the Army or the Navy or an
officer designated as a nurse officer of the Air Force or
commissioned corps of the Public Health Service or does not
complete the period of obligated active service required
under the agreement, shall be subject to the repayment
provisions of section 303a(e) of title 37.''.
(8) Education loan repayment program.--Subsection (g) of
section 2173 of such title is amended--
(A) by inserting ``(1)'' after ``(g)''; and
(B) by adding at the end the following new paragraph:
``(2) An officer who does not complete the period of active
duty specified in the agreement entered into under subsection
(a)(3), or the alternative obligation under paragraph (1),
shall be subject to the repayment provisions of section
303a(e) of title 37.''.
(9) Scholarship program for degree program for degree or
certification in information assurance.--Section 2200a of
such title is amended--
(A) by striking subsection (e) and inserting the following
new subsection:
``(e) Repayment for Period of Unserved Obligated Service.--
(1) A member of an armed force who does not complete the
period of active duty specified in the service agreement
under section (b) shall be subject to the repayment
provisions of section 303a(e) of title 37.
``(2)(A) A civilian employee of the Department of Defense
who voluntarily terminates service before the end of the
period of obligated service required under an agreement
entered into under subsection (b) shall refund to the United
States an amount determined by the Secretary of Defense as
being appropriate to obtain adequate service in exchange for
financial assistance and otherwise to achieve the goals set
forth in section 2200(a) of this title.
``(B) An obligation to reimburse the United States imposed
under this paragraph 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 under this section does not discharge the person
signing such agreement from a debt arising under such
agreement or under this subsection.
``(C) The Secretary of Defense may waive, in whole or in
part a refund required under this paragraph 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.''.
(B) by striking subsection (f); and
(C) by redesignating subsection (g) as subsection (f).
(10) Army cadet agreement to service as officer.--Section
4348 of such title is amended by adding at the end the
following new subsection:
``(f) A cadet or former cadet who does not fulfill the
terms of the agreement as specified under section (a), or the
alternative obligation under subsection (b), shall be subject
to the repayment provisions of section 303a(e) of title
37.''.
(11) Midshipmen agreement for length of service.--Section
6959 of such title is amended by adding at the end the
following new subsection:
``(f) A midshipman or former midshipman who does not
fulfill the terms of the agreement as specified under section
(a), or the alternative obligation under subsection (b),
shall be subject to the repayment provisions of section
303a(e) of title 37.''.
(12) Air force cadet agreement to service as officer.--
Section 9348 of such title is amended by adding at the end
the following new subsection:
``(f) A cadet or former cadet who does not fulfill the
terms of the agreement as specified under section (a), or the
alternative obligation under subsection (b), shall be subject
to the repayment provisions of section 303a(e) of title
37.''.
(13) Educational assistance for members of selected
reserve.--Section 16135 of such title is amended to read as
follows:
``Sec. 16135. Failure to participate satisfactorily;
penalties
``(a) Penalties.--At the option of the Secretary concerned,
a member of the Selected Reserve of an armed force who does
not participate satisfactorily in required training as a
member of the Selected Reserve during a term of enlistment or
other period of obligated service that created entitlement of
the member to educational assistance under this chapter, and
during which the member has received such assistance, may--
``(1) be ordered to active duty for a period of two years
or the period of obligated service the person has remaining
under section 16132 of this title, whichever is less; or
``(2) be subject to the repayment provisions under section
303a(e) of title 37.
``(b) Effect of Repayment.--Any repayment under section
303a(e) of title 37 shall not affect the period of obligation
of a member to serve as a Reserve in the Selected Reserve.''.
(14) Health professions stipend program penalties and
limitations.--Subparagraph (B) of section 16203(a)(1) of such
title is amended to read as follows:
``(B) shall be subject to the repayment provisions of
section 303a(e) of title 37.''.
(15) College tuition assistance program for marine corps
platoon leaders class.--Subsection (f) of section 16401 of
such title is amended--
(A) in paragraph (1), by striking ``may be required to
repay the full amount of financial assistance'' and inserting
``shall be subject to the repayment provisions of section
303a(e) of title 37''; and
(B) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Any requirement to repay any portion of financial
assistance received under this section shall be administered
under Secretary of Defense regulations issued under section
303a(e) of title 37. The Secretary of the Navy may waive the
obligations referenced in paragraph (1) in the case of a
person who--''.
(d) Conforming Amendment to Title 14.--Section 182 of title
14, United States Code, is amended by adding at the end the
following new subsection:
``(g) A cadet or former cadet who does not fulfill the
terms of the obligation to serve as specified under section
(b), or the alternative obligation under subsection (c),
shall be subject to the repayment provisions of section
303a(e) of title 37.''.
(e) Clerical Amendments.--
(1) Section heading.--The heading of section 303a of title
37, United States Code, is amended to read as follows:
``Sec. 303a. Special pay: general provisions''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by striking
the item relating to section 303a and inserting the following
new item:
``303a. Special pay: general provisions.''.
(f) Continued Application of Current Law to Existing
Bonuses.--In the case of any bonus, incentive pay, special
pay, or similar payment, such as education assistance or a
stipend, which the United States became obligated to pay
before April 1, 2006, under a provision of law amended by
subsection (b), (c), or (d) of this section, such provision
of law, as in effect on the day before the date of the
enactment of this Act, shall continue to apply to the
payment, or any repayment, of the bonus, incentive pay,
special pay, or similar payment under such provision of law.
SEC. 674. LEAVE ACCRUAL FOR MEMBERS ASSIGNED TO DEPLOYABLE
SHIPS OR MOBILE UNITS OR TO OTHER DESIGNATED
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 any of the following:
``(i) A member who 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) A member who is assigned to--
``(I) a deployable ship or mobile unit; or
``(II) other duty that is designated for the purpose of
this subsection.''.
SEC. 675. ARMY RECRUITING PILOT PROGRAM TO ENCOURAGE MEMBERS
OF THE ARMY TO REFER OTHER PERSONS FOR
ENLISTMENT.
(a) Referral Bonus Authorized.--The Secretary of the Army
may pay a bonus under this section to a member of the Army
who refers, to an Army recruiter, a person who has not
previously served in an armed force and who, after
[[Page H3960]]
such referral, enlists in the Regular Army or the Army
Reserve. The referral may occur when a member contacts a
recruiter on behalf of an interested person or when the
interested person contacts the recruiter and informs the
recruiter of the member's role in initially recruiting the
person.
(b) Amount of Bonus; Time for Payment.--A referral bonus
under this section may not exceed $1,000 and may not be paid
to the member making the referral unless and until the
enlistee completes basic training and individual advanced
training. The bonus shall be paid in a lump sum.
(c) 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.
(d) Certain Members Ineligible.--
(1) Referral of immediate family.--A member may not receive
a referral bonus under this section for the referral of an
immediate family member.
(2) Members in recruiting roles.--A member serving in a
recruiting or retention assignment or assigned to other
duties regarding which eligibility for a referral bonus could
be perceived as creating a conflict of interest may not
receive a referral bonus.
(e) Limitation on Initial Use of Authority.--During the
first year in which referral bonuses are offered under this
section, the Secretary of the Army may not provide more than
1,000 referral bonuses.
(f) Duration of Authority.--A referral bonus may not be
paid under this section with respect to any referral made
after December 31, 2007.
SEC. 676. SPECIAL COMPENSATION FOR RESERVE COMPONENT MEMBERS
WHO ARE ALSO TOBACCO FARMERS ADVERSELY AFFECTED
BY TERMS OF TOBACCO QUOTA BUYOUT.
(a) Findings.--Congress finds the following:
(1) The dispute resolution mechanism provided in section
624(b) of the Fair and Equitable Tobacco Reform Act of 2004
(7 U.S.C. 518c), which was intended to help tobacco producers
in hardship circumstances, is not likely to provide relief to
tobacco producers who are also members of the reserve
components of the Armed Forces and were called or ordered to
active duty for extended deployment.
(2) The special compensation provided under this section
addresses a unique situation and does not set a precedent for
other persons seeking exceptions to the eligibility
requirements for payments under such Act.
(b) Availability of Compensation.--Subject to subsection
(c), the Secretary of Defense shall make a payment under this
section to any member of a reserve component whose
eligibility for a payment under section 623 of the Fair and
Equitable Tobacco Reform Act of 2004 (7 U.S.C. 518b) as a
producer of quota tobacco was adversely affected, or whose
payment amount under such section was determined using a
variable payment rate specified in subparagraph (B) or (C) of
subsection (d)(3) of such section, because the member was
serving on active duty under a call or order to active duty
for a period of more than 30 days during any of the tobacco
marketing years specified in subparagraph (A) of such
subsection.
(c) Restriction to Members Who Are Long-Time Tobacco
Growers.--To be eligible for a payment under this section, a
member described in subsection (b) must have been a producer
of quota tobacco (as defined in section 621 of the Fair and
Equitable Tobacco Reform Act of 2004 (7 U.S.C. 518a)) during
at least two of the three tobacco marketing years before the
2002 marketing year.
(d) Amount of Payment.--The amount of the payment required
under this section for a member shall be equal to 70 percent
of the difference between--
(1) the amount the member will receive under section 623 of
the Fair and Equitable Tobacco Reform Act of 2004; and
(2) the amount that the member would have likely received
under such section had the member remained a full-time
producer of quota tobacco and not been called or ordered to
active duty.
(e) Calculation of Payment Amount.--The Secretary of
Defense shall make the calculation required by subsection (c)
in consultation with the Secretary of Agriculture.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--Tricare Program Improvements
Sec. 701. Services of mental health counselors.
Sec. 702. Additional information required by surveys on TRICARE
standard.
Sec. 703. Enhancement of TRICARE coverage for members who commit to
continued service in the selected reserve.
Sec. 704. Study and plan relating to chiropractic health care services.
Sec. 705. Surviving-dependent eligibility under TRICARE dental plan for
surviving spouses who were on active duty at time of
death of military spouse.
Sec. 706. Exceptional eligibility for TRICARE prime remote.
Subtitle B--Other Matters
Sec. 711. Authority to relocate patient safety center; renaming
MedTeams Program.
Sec. 712. Modification of health care quality information and
technology enhancement reporting requirement.
Sec. 713. Correction to eligibility of certain Reserve officers for
military health care pending active duty following
commissioning.
Sec. 714. Prohibition on conversions of military medical positions to
civilian medical positions until submission of
certification.
Sec. 715. Clarification of inclusion of dental care in medical
readiness tracking and health surveillance program.
Sec. 716. Cooperative outreach to members and former members of the
naval service exposed to environmental factors related to
sarcoidosis.
Sec. 717. Early identification and treatment of mental health and
substance abuse disorders.
Subtitle A--Tricare Program Improvements
SEC. 701. SERVICES OF MENTAL HEALTH COUNSELORS.
(a) Reimbursement of Mental Health Counselors Under
TRICARE.--
(1) reimbursement under tricare.--Section 1079(a)(8) of
title 10, United States Code, is amended--
(A) by inserting ``or licensed or certified mental health
counselors'' after ``certified marriage and family
therapists'' both places it appears; and
(B) by inserting ``or licensed or certified mental health
counselors'' after ``that the therapists.''
(2) Authority to assess medical or psychological necessity
of service or supply.--Section 1079(a)(13) of such title is
amended by inserting ``, licensed or certified mental health
counselor, '' after ``certified marriage and family
therapist''.
(b) Services of Mental Health Counselors.--
(1) 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,''.
(2) Applicability of licensure requirement for health-care
professionals.--Section 1094 (e)(2) of title 10, United
States Code, is amended by inserting ``mental health
counselor,'' after ``psychologist,''.
SEC. 702. ADDITIONAL INFORMATION REQUIRED BY SURVEYS ON
TRICARE STANDARD.
Section 723(a) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136) is amended by
adding at the end the following new paragraph:
``(4) Surveys required by paragraph (1) shall include
questions seeking to determine from health care providers the
following:
``(A) Whether the provider is aware of the TRICARE program.
``(B) What percentage of the provider's current patient
population uses any form of TRICARE.
``(C) Whether the provider accepts patients for whom
payment is made under the medicare program for health care
services.
``(D) If the provider accepts patients referred to in
subparagraph (C), whether the provider would accept
additional such patients who are not in the provider's
current patient population.''.
SEC. 703. ENHANCEMENT OF TRICARE COVERAGE FOR MEMBERS WHO
COMMIT TO CONTINUED SERVICE IN THE SELECTED
RESERVE.
(a) Extension of Coverage for Members Recalled to Active
Duty.--Section 1076d of title 10, United States Code, is
amended--
(1) in subsection (b), by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the
following new paragraph (3):
``(3) In the case of a member recalled to active duty
before the period of coverage for which the member is
eligible under subsection (a) terminates, the period of
coverage of the member--
``(A) resumes after the member completes the subsequent
active duty service (subject to any additional entitlement to
care and benefits under section 1145(a) of this title that is
based on the same subsequent active duty service); and
``(B) increases by any additional period of coverage for
which the member is eligible under subsection (a) based on
the subsequent active duty service.'';
(2) in subsection (b)(2), by striking ``Unless earlier
terminated under paragraph (3)'' and inserting ``Subject to
paragraph (3) and unless earlier terminated under paragraph
(4)''; and
(3) in subsection (f), by adding at the end the following
new paragraph:
``(3) The term `member recalled to active duty' means, with
respect to a member who is eligible for coverage under this
section based on a period of active duty service, a member
who is called or ordered to active duty for an additional
period of active duty subsequent to the period of active duty
on which that eligibility is based.''.
(b) Extension of Coverage for Members Facing Involuntary
Retirement.--Section 1076d of such title is amended in
subsection (b)(4), as redesignated by subsection (a)(1)--
(1) by striking ``Eligibility'' and inserting ``(A) Except
as provided in subparagraphs (B) and (C), eligibility''; and
(2) by adding at the end the following:
``(B) In the case of a member who is separated from the
Selected Reserve during a period of coverage for which the
member is eligible under subsection (a) and whose separation
is a qualifying involuntary separation, that period of
coverage shall not terminate on account of the separation.
For purposes of the preceding sentence, a qualifying
involuntary separation is involuntary retirement, involuntary
transfer to the Retired Reserve, or discharge while qualified
for transfer to the Retired Reserve when required by law or
regulation to be either transferred to the Retired Reserve or
discharged.''.
(c) Continued Eligibility for Members in the Individual
Ready Reserve.--Section 1076d
[[Page H3961]]
of such title is amended in subsection (b)(4), as
redesignated by subsection (a)(1), by adding at the end the
following:
``(C) Subparagraph (A) shall not apply in special
circumstances prescribed by the Secretary, including
continued service by a member in the Individual Ready
Reserve.''.
(d) Special Rule for Mobilized Members of Individual Ready
Reserve Finding No Position in Selected Reserve.--Section
1076d of such title is amended by adding at the end of
subsection (b) (as amended by this section) the following new
paragraph:
``(5) In the case of a member of the Individual Ready
Reserve who meets the requirements for eligibility for health
benefits under TRICARE Standard under subsection (a) except
for membership in the Selected Reserve, the period of
coverage under this section may begin not later than one year
after coverage would otherwise begin under this section had
the member been a member of the Selected Reserve, if the
member finds a position in the Selected Reserve during that
one-year period.''.
(e) Eligibility of Family Members for 6 Months Following
Death of Member.--Section 1076d(c) of such title is amended
by adding at the end the following: ``If a member of a
reserve component dies while in a period of coverage under
this section, the eligibility of the members of the immediate
family of such member for TRICARE Standard coverage shall
continue for six months beyond the date of death of the
member.''
(f) Other Amendments.--Section 1076d of such title is
amended--
(1) in subsection (a)(2), by striking ``on or before the
date of the release'' and inserting ``not later than 120 days
after release''; and
(2) by amending subsection (f)(2) to read as follows:
``(2) The term `TRICARE Standard' means--
``(A) medical care to which a dependent described in
section 1076(a)(2) of this title is entitled; and
``(B) health benefits contracted for under the authority of
section 1079(a) of this title and subject to the same rates
and conditions as apply to persons covered under that
section.''.
SEC. 704. STUDY AND PLAN RELATING TO CHIROPRACTIC HEALTH CARE
SERVICES.
(a) Study Required.--
(1) Groups covered.--The Secretary of Defense shall conduct
a study of providing chiropractic health care services and
benefits to the following groups:
(A) All members of the uniformed services on active duty
and entitled to care under section 1074(a) of title 10,
United States Code.
(B) All members described in subparagraph (A) and their
eligible dependents, and all members of reserve components of
the uniformed services and their eligible dependents.
(C) All members or former members of the uniformed services
who are entitled to retired or retainer pay or equivalent pay
and their eligible dependents.
(2) Matters examined.--For each group listed in
subparagraphs (A), (B), and (C), the study shall examine the
following with respect to chiropractic health care services
and benefits:
(A) The cost of providing such services and benefits.
(B) The feasibility of providing such services and
benefits.
(C) An assessment of the health care benefits of providing
such services and benefits.
(D) An estimate of the potential cost savings of providing
such services and benefits in lieu of other medical services.
(3) Space available costs.--The study shall also include a
detailed analysis of the projected costs of providing
chiropractic health care services on a space available basis
in the military treatment facilities currently providing
chiropractic care under section 702 of the Floyd D. Spence
National Defense Authorization Act of Fiscal Year 2001 (as
enacted by Public Law 106-398; 10 U.S.C. 1092 note).
(4) Eligible dependents defined.--In this section, the term
``eligible dependent'' has the meaning given that term in
section 1076a(k) of title 10, United States Code.
(b) Plan Required.--Not later than March 31, 2006, the
Secretary of Defense shall revise the plan required under
section 702 of the Floyd D. Spence National Defense
Authorization Act of Fiscal Year 2001 (as enacted by Public
Law 106-398; 10 U.S.C. 1092 note), including a detailed
analysis of the projected costs, to provide chiropractic
health care services and benefits as a permanent part of the
Defense Health Program (including the TRICARE program) as
required under that section.
(c) Report Required.--Not later than March 31, 2006, the
Secretary of Defense shall submit a report on the study
required under subsection (a), together with the plan
required under subsection (b), to the Committees on Armed
Services of the Senate and the House of Representatives.
SEC. 705. SURVIVING-DEPENDENT ELIGIBILITY UNDER TRICARE
DENTAL PLAN FOR SURVIVING SPOUSES WHO WERE ON
ACTIVE DUTY AT TIME OF DEATH OF MILITARY
SPOUSE.
Section 1076a(k) of title 10, United States Code, is
amended to read as follows:
``(k) Eligible Dependent Defined.--(1) In this section, the
term `eligible dependent' means a dependent described in
subparagraph (A), (D), or (I) of section 1072(2) of this
title.
``(2) Such term includes any such dependent of a member who
dies while on active duty for a period of more than 30 days
or a member of the Ready Reserve if, on the date of the death
of the member, the dependent--
``(A) is enrolled in a dental benefits plan established
under subsection (a); or
``(B) if not enrolled in such a plan on such date--
``(i) is not enrolled by reason of a discontinuance of a
former enrollment under subsection (f); or
``(ii) is not qualified for such enrollment because--
``(I) the dependent is a child under the minimum age for
such enrollment; or
``(II) the dependent is a spouse who is a member of the
armed forces on active duty for a period of more than 30
days.
``(3) Such term does not include a dependent by reason of
paragraph (2) after the end of the three-year period
beginning on the date of the member's death.''.
SEC. 706. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME REMOTE.
Section 1079(p) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) The Secretary of Defense may provide for coverage of
a dependent referred to in subsection (a) who is not
described in paragraph (3) if the Secretary determines that
exceptional circumstances warrant such coverage.''.
Subtitle B--Other Matters
SEC. 711. AUTHORITY TO RELOCATE PATIENT SAFETY CENTER;
RENAMING MEDTEAMS PROGRAM.
(a) Repeal of Requirement to Locate the Department of
Defense Patient Safety Center Within the Armed Forces
Institute of Pathology .--Subsection (c)(3) of section 754 of
the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (Public Law 106-398; 114 Stat. 1654-196) is
amended by striking ``within the Armed Forces Institute of
Pathology''.
(b) Renaming MedTeams Program.--Subsection (d) of such
section is amended by striking ``MedTeams'' in the heading
and inserting `` Medical Team Training''.
SEC. 712. MODIFICATION OF HEALTH CARE QUALITY INFORMATION AND
TECHNOLOGY ENHANCEMENT REPORTING REQUIREMENT.
Section 723(e) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 697) is
amended by striking paragraphs (1) through (4) and inserting
the following:
``(1) Measures of the quality of health care furnished.
``(2) Population health.
``(3) Patient safety.
``(4) Patient satisfaction.
``(5) The extent of use of evidence-based health care
practices.
``(6) The effectiveness of biosurveillance in detecting an
emerging epidemic.''.
SEC. 713. CORRECTION TO ELIGIBILITY OF CERTAIN RESERVE
OFFICERS FOR MILITARY HEALTH CARE PENDING
ACTIVE DUTY FOLLOWING COMMISSIONING.
(a) Correction.--Clause (iii) of section 1074(a)(2)(B) of
title 10, United States Code, is amended by inserting before
the semicolon the following: ``or the orders have been issued
but the member has not entered active duty''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as of November 24, 2003, and as if included
in the enactment of paragraph (2) of section 1074(a) of title
10, United States Code, by section 708 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1530).
SEC. 714. PROHIBITION ON CONVERSIONS OF MILITARY MEDICAL
POSITIONS TO CIVILIAN MEDICAL POSITIONS UNTIL
SUBMISSION OF CERTIFICATION.
(a) Prohibition on Conversions.--A Secretary of a military
department may not convert any military medical position to a
civilian medical position until the Secretary submits to the
Committees on Armed Services of the Senate and the House of
Representatives a certification that the conversions within
that department will not increase cost or decrease quality of
care or access to care. Such a certification may not be
submitted before April 1, 2006. A Secretary submitting such a
certification shall include with the certification a report
in writing setting forth the methodology used by the
Secretary in making the determinations necessary for the
certification, including the extent to which the Secretary
took into consideration the findings of the Comptroller
General in the report under subsection (d).
(b) Requirement for Study.--The Comptroller General shall
conduct a study on the effect of conversions of military
medical positions to civilian medical positions on the
defense health program.
(c) Matters Covered.--The study shall include the
following:
(1) The number of military medical positions, by grade and
specialty, planned for conversion to civilian medical
positions.
(2) The number of military medical positions, by grade and
specialty, converted to civilian medical positions since
October 1, 2004.
(3) The ability of the military health care system to fill
the civilian medical positions required, by specialty.
(4) The degree to which access to health care is affected
in both the direct and purchased care system, including an
assessment of the effects of any increased shifts in patient
load from the direct care to the purchased care system, or
any delays in receipt of care in either the direct or
purchased care system because of lack of direct care
providers.
(5) The degree to which changes in military manpower
requirements affect recruiting and retention of uniformed
medical personnel.
(6) The effect of the conversions of military medical
positions to civilian medical positions on the defense health
program, including costs associated with the conversions,
with a comparison of the estimated costs versus the actual
costs
[[Page H3962]]
incurred by the number of conversions since October 1, 2004.
(7) The effectiveness of the conversions in enhancing
medical readiness, health care efficiency, productivity,
quality, and customer satisfaction.
(d) Report.--Not later than March 1, 2006, the Comptroller
General shall submit to the Committees on Armed Services of
the Senate and House of Representatives a report containing
the results of the study under this section.
(e) Definitions.--In this section:
(1) The term ``military medical position'' means a position
for the performance of health care functions within the Armed
Forces held by a member of the Armed Forces.
(2) The term ``civilian medical position'' means a position
for the performance of health care functions within the
Department of Defense held by an employee of the Department
or of a contractor of the Department.
SEC. 715. CLARIFICATION OF INCLUSION OF DENTAL CARE IN
MEDICAL READINESS TRACKING AND HEALTH
SURVEILLANCE PROGRAM.
(a) Inclusion of Dental Care.--Subtitle D of title VII of
the Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 1074 note) is
amended by adding at the end the following new section:
``SEC. 740. INCLUSION OF DENTAL CARE.
``For purposes of the plan, this title, and the amendments
made by this title, references to medical readiness, health
status, and health care shall be considered to include dental
readiness, dental status, and dental care.''.
(b) Clerical Amendment.--The table of sections at the
beginning of title VII of such Act and in section 2(b) of
such Act are each amended by inserting after the item
relating to section 740 the following:
``Sec. 740. Inclusion of dental care.'' .
SEC. 716. COOPERATIVE OUTREACH TO MEMBERS AND FORMER MEMBERS
OF THE NAVAL SERVICE EXPOSED TO ENVIRONMENTAL
FACTORS RELATED TO SARCOIDOSIS.
(a) Outreach Program Required.--The Secretary of the Navy,
in coordination with the Secretary of Veterans Affairs, shall
conduct an outreach program to contact all members and former
members of the naval service who, in connection with service
aboard Navy ships may have been exposed to aerosolized
particles resulting from the removal of nonskid coating used
on those ships.
(b) Purposes of Outreach Program.--The purposes of the
outreach program are as follows:
(1) To develop additional data for use in subsequent
studies aimed at determining a causative link between
sarcoidosis and military service.
(2) To inform members and former members identified in
subsection (a) of the findings of Navy studies identifying an
association between service aboard certain naval ships and
sarcoidosis.
(3) To assist members and former members identified in
subsection (a) in getting medical evaluations to help clarify
linkages between their disease and their service aboard Navy
ships.
(4) To ensure the Department of Veterans Affairs has data
and information for the effective evaluation of veterans who
may seek care for sarcoidosis.
(c) Implementation.--The Secretary of the Navy shall begin
the outreach program not later than six months after the date
of the enactment of this act and provide to the Committees on
Armed Services of the Senate and the House of Representatives
a report on the results of the outreach programs not later
than one year after beginning the program.
SEC. 717. EARLY IDENTIFICATION AND TREATMENT OF MENTAL HEALTH
AND SUBSTANCE ABUSE DISORDERS.
(a) Authority.--The Secretary of Defense may carry out
activities to foster the early identification and treatment
of mental health and substance abuse problems experienced by
members of the Armed Forces, with special emphasis on members
who have served in a theater of combat operations within the
preceding 12 months.
(b) Activities.--The activities carried out by the
Secretary under subsection (a) may include the conduct of a
series of campaigns that uses internal mass media (including
radio and television) communications and other education
tools to change attitudes within the Armed Forces regarding
mental health and substance abuse treatment, with the aim of
lessening the stigma associated with mental health and
substance abuse problems and the treatment of such problems,
including the development of pertinent messaging targeted
to--
(1) members of the Armed Forces who may be experiencing
mental health or substance abuse problems and their family
members;
(2) commanders and supervisory personnel; and
(3) peers of members of the Armed Forces who may be
experiencing mental health or substance abuse problems or be
at risk of such problems.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
Sec. 801. Requirement for certification by Secretary of Defense before
major defense acquisition program may proceed to
Milestone B.
Sec. 802. Requirement for analysis of alternatives to major defense
acquisition programs.
Sec. 803. Authority for Secretary of Defense to revise baseline for
major defense acquisition programs.
Subtitle B--Acquisition Policy and Management
Sec. 811. Applicability of statutory executive compensation cap made
prospective.
Sec. 812. Use of commercially available online services for Federal
procurement of commercial items.
Sec. 813. Contingency contracting corps.
Sec. 814. Requirement for contracting operations to be included in
interagency planning related to stabilization and
reconstruction.
Sec. 815. Statement of policy and report relating to contracting with
employers of persons with disabilities.
Sec. 816. Study on Department of Defense contracting with small
business concerns owned and controlled by service-
disabled veterans.
Sec. 817. Prohibition on procurement from beneficiaries of foreign
subsidies.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
Sec. 821. Increased flexibility for designation of critical acquisition
positions in defense acquisition workforce.
Sec. 822. Participation by Department of Defense in acquisition
workforce training fund.
Sec. 823. Increase in cost accounting standard threshold.
Sec. 824. Amendments to domestic source requirements relating to
clothing materials and components covered.
Sec. 825. Rapid acquisition authority to respond to defense
intelligence community emergencies.
Subtitle A--Provisions Relating to Major Defense Acquisition Programs
SEC. 801. REQUIREMENT FOR CERTIFICATION BY SECRETARY OF
DEFENSE BEFORE MAJOR DEFENSE ACQUISITION
PROGRAM MAY PROCEED TO MILESTONE B.
(a) Certification Requirement.--Chapter 139 of title 10,
United States Code, is amended by inserting after section
2366 the following new section:
``Sec. 2366a. Major defense acquisition programs:
certification required before Milestone B or Key Decision
Point B approval
``(a) Certification.--A major defense acquisition program
may not receive Milestone B approval, or Key Decision Point B
approval in the case of a space program, until the Secretary
of Defense certifies that--
``(1) the technology in the program has been demonstrated
in a relevant environment;
``(2) the program demonstrates a high likelihood of
accomplishing its intended mission;
``(3) the program is affordable when considering the per
unit cost and the total acquisition cost in the context of
the total resources available during the period covered by
the future-years defense program submitted during the fiscal
year in which the certification is made;
``(4) the program is affordable when considering the
ability of the Department of Defense to accomplish the
program's mission using alternative systems;
``(5) the Joint Requirements Oversight Council has
accomplished its duties with respect to the program pursuant
to section 181(b) of this title, including an analysis of the
operational requirements for the program; and
``(6) the program complies with all relevant policies,
regulations, and directives of the Department of Defense.
``(b) Submission to Congress.--The certification required
under subsection (a) with respect to a major defense
acquisition program shall be submitted to the congressional
defense committees at least 30 days before approval of
Milestone B or Key Decision Point B.
``(c) Waiver for National Security.--The Secretary may
waive the applicability of the certification requirement
under subsection (a) to a major defense acquisition program
if the Secretary determines that, but for such a waiver, the
Department would be unable to meet national security
objectives. Whenever the Secretary makes such a determination
and authorizes such a waiver, the Secretary shall submit
notice of such waiver and of the Secretary's determination,
and the reasons for the determination, in writing to the
congressional defense committees within 30 days after
authorizing the waiver.
``(d) Nondelegation.--The Secretary may not delegate the
certification requirement under subsection (a) or the
authority to waive such requirement under subsection (d).
``(e) Definitions.--In this section:
``(1) The term `major defense acquisition program' means a
Department of Defense acquisition program that is a major
defense acquisition program for purposes of section 2430 of
this title.
``(2) The term `Milestone B approval' has the meaning
provided that term in section 2366(e)(7) of this title.
``(3) The term `Key Decision Point B' means the official
program initiation of a National Security Space program of
the Department of Defense, which triggers a formal review to
determine maturity of technology and the program's readiness
to begin the preliminary system design.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2366 the following new item:
``2366a. Major defense acquisition programs: certification required
before Milestone B approval or Key Decision Point B
approval.''.
SEC. 802. REQUIREMENT FOR ANALYSIS OF ALTERNATIVES TO MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) Analysis of Alternatives Requirement.--Chapter 144 of
title 10, United States Code, is amended by inserting after
section 2433 the following new section:
[[Page H3963]]
``Sec. 2433a. Analysis of alternatives
``(a) Requirement If Unit Costs Exceed 15 Percent.--If the
percentage increase in the program acquisition unit cost or
procurement unit cost of a major defense acquisition program
(as determined by the Secretary concerned under section
2433(d)(3) of this title) exceeds 15 percent, then the
Secretary concerned shall initiate an analysis of
alternatives for the major defense acquisition program, in
accordance with this section.
``(b) Matters Covered in Analysis of Alternatives.--An
analysis of alternatives for a major defense acquisition
program shall include, at a minimum, the following:
``(1) Projected cost to complete the program if current
requirements are not modified.
``(2) Projected cost to complete the program based on
potential modifications to the requirements.
``(3) Projected cost to complete the program based on
design modifications, enhancements to the producibility of
the program, and manufacturing efficiencies.
``(4) Projected cost and capabilities of the program that
could be delivered within the originally authorized budget
for the program, including any increase or decrease in
capability.
``(5) Projected cost for an alternative system or
capability.
``(c) Completion and Submission to Congress.--With respect
to any analysis of alternatives initiated under this section,
the Secretary--
``(1) shall complete the analysis not later than 1 year
after the date of initiation; and
``(2) shall submit the analysis to the congressional
defense committees not later than 30 days after the date of
completion.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2433a. Analysis of alternatives.''.
SEC. 803. AUTHORITY FOR SECRETARY OF DEFENSE TO REVISE
BASELINE FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Authority.--Section 2433(e)(2) of title 10, United
States Code, is amended--
(1) by redesignating clauses (i) through (iv) of
subparagraph (A) as subclauses (I) through (IV),
respectively;
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii); and
(3) by inserting after ``the Secretary of Defense shall''
the following: ``either (A) return the program to Milestone B
or to Key Decision Point B in the case of a space system,
conduct a re-baseline for the program under section 2435(d),
and notify the congressional defense committees of such
return and revision, or (B)''.
(b) Baseline Description.--Section 2435(a)(1) of such title
is amended by adding at the end the following: ``The baseline
shall be the baseline used for all purposes under this
chapter.''.
(c) Re-Baseline Authorized.--Section 2435 of such title is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Re-baselining.--
``(1) Re-baseline authorized.--For purposes of this
chapter, a baseline for a major defense acquisition program
may be re-baselined only if a percentage increase in program
acquisition unit cost or procurement unit cost of the program
exceeding 25 percent occurs (as determined by the Secretary
under section 2433(d)).
``(2) Notification to congress of re-baselining.--The
Secretary shall notify the congressional defense committees
not later than 30 days after a re-baselining has been
conducted for a major defense acquisition program.''.
Subtitle B--Acquisition Policy and Management
SEC. 811. APPLICABILITY OF STATUTORY EXECUTIVE COMPENSATION
CAP MADE PROSPECTIVE.
(a) Prospective Applicability of Executive Compensation
Cap.--Section 808(e)(2) of Public Law 105-85 (41 U.S.C. 435
note; 111 Stat. 1838) is amended by striking ``before, on,''
and inserting ``on''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply as if included in Public Law 105-85 as enacted.
SEC. 812. USE OF COMMERCIALLY AVAILABLE ONLINE SERVICES FOR
FEDERAL PROCUREMENT OF COMMERCIAL ITEMS.
(a) Amendment to the Federal Acquisition Regulation.--Not
later than 180 days after the date of the enactment of this
Act, the Federal Acquisition Regulation shall be revised to
include provisions that require the head of an executive
agency, to the maximum extent practicable, to use
commercially available online procurement services to
purchase commercial items, including those procurement
services that allow the agency to conduct reverse auctions.
(b) Report.--Not later than one year after the revisions to
the Federal Acquisition Regulation are issued pursuant to
subsection (a), the Administrator for Federal Procurement
Policy shall submit to the Committees on Governmental Affairs
and Homeland Security and on Armed Services of the Senate and
the Committees on Government Reform and on Armed Services of
the House of Representatives a report on the use of
commercially available online procurement services. The
report shall include--
(1) a list of the executive agencies that have used
commercially available online procurement services, and the
number of times each has so used such services;
(2) a list of the types of commercially available online
procurement services used by each executive agency and the
dollar value of the procurements conducted through each type
of commercially available online procurement service; and
(3) the Administrator's recommendations for further
encouraging the use of commercially available online
procurement services, particularly those that afford the
Federal Government the opportunity to conduct reverse
auctions.
(c) Definitions.--In this section:
(1) The term ``commercially available online procurement
services'', with respect to procurement by executive
agencies, includes reverse auctions and other services
accessible on the Internet that allow executive agencies to
purchase commercial items from electronic catalogs and
offerors to bid for delivery orders of such items.
(2) The term ``reverse auction'', with respect to
procurement by executive agencies, means a method of
soliciting offers on the Internet for commercial items, not
including construction-related services, in which--
(A) firms compete against each other on the Internet in
real time and in an open and interactive environment; and
(B) each firm's identity and pricing are safeguarded.
(3) The term ``Federal Acquisition Regulation'' means the
single Government-wide procurement regulation issued in
accordance with sections 6 and 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 405 and 421).
(4) The terms ``executive agency'', ``commercial item'',
and ``procurement'' have the meanings provided those terms in
section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403 et seq.).
SEC. 813. CONTINGENCY CONTRACTING CORPS.
(a) Requirement to Establish Contingency Contracting
Corps.--
(1) Requirement.--The Secretary of Defense shall establish
a contingency contracting corps, to be implemented, subject
to the authority, direction, and control of the Secretary,
through a joint policy developed by the Chairman of the Joint
Chiefs of Staff, in accordance with this section.
(2) Head of corps.--The policy shall provide that the corps
shall be directed by a senior commissioned officer with
appropriate acquisition experience and qualifications, who
shall report directly to the commander of the combatant
command in whose area of responsibility the corps is
operating when deployed. In the case of more than one
operation for which the corps is deployed, the head of the
corps may delegate command authority, but any officer to whom
the authority is delegated shall report directly to the
commander of the combatant command concerned.
(3) Operation of corps.--The policy shall provide that the
contingency contracting corps shall conduct contingency
contracting--
(A) during combat operations and use rapid acquisition
authority to the maximum extent appropriate;
(B) during post-conflict operations to assist the commander
of the combatant command in meeting urgent contracting
requirements; and
(C) by using both deployed and non-deployed contingency
contracting personnel for carrying out contingency
contracting.
(4) Training of corps.--
(A) The policy developed under paragraph (1) shall provide
for training all contingency contracting personnel in the use
of law, regulations, policies, and directives related to
contingency contracting operations, and shall ensure that the
training is maintained for such personnel even when they are
not deployed in a contingency operation.
(B) The policy shall require the training of contingency
contracting personnel to include instruction from a program
to be created by the Defense Acquisition University and
inclusion of contingency contracting personnel in relevant
wargaming and operational planning.
(C) The policy shall require contingency contracting
personnel to remain proficient in contingency contracting
operations during peacetime and shall allow such personnel to
be used for other acquisition and contracting-related
activities when not required in support of contingency
contracting operations.
(D) The policy shall provide for the corps to use
integrated contracting, financial, and other support systems.
(5) Regulations.--The Secretary shall prescribe regulations
to carry out this section. The regulations shall be developed
in coordination with the Under Secretary of Defense for
Acquisition, Technology, and Logistics, the Secretaries of
the military departments, and the acquisition support
agencies. The regulations shall be uniform to the maximum
extent practicable among the military departments and shall
address, at a minimum, applicable laws, regulations,
policies, and directives related to contingency contracting.
(b) Report.--
(1) Requirement.--Not later than 270 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on contingency
contracting.
(2) Matters covered.--The report shall include discussions
of the following:
(A) Progress in the implementation of the contingency
contracting corps, in accordance with the requirements of
subsection (a).
(B) The ability of the Armed Forces to support contingency
contracting.
(C) The ability of commanders of combatant commands to
request contingency contracting support and the ability of
the military departments and the acquisition support agencies
to respond to such requests and provide such support,
including the availability of rapid acquisition personnel for
such support.
[[Page H3964]]
(D) The ability of the current civilian and military
acquisition workforce to deploy to combat theaters of
operations and to conduct contracting activities during
combat and during post-conflict, reconstruction, or other
contingency operations.
(E) The effect of different periods of deployment on
continuity in the acquisition process.
(c) Definitions.--In this section:
(1) Contingency contracting personnel.--The term
``contingency contracting personnel'' means members of the
Armed Forces and civilian employees of the Department of
Defense who are members of the defense acquisition workforce
and, as part of their duties, are assigned to provide support
to contingency operations (whether deployed or not).
(2) Contingency contracting.--The term ``contingency
contracting'' means all stages of the process of acquiring
property or services by the Department of Defense during a
contingency operation.
(3) Contingency operation.--The term ``contingency
operation'' has the meaning provided in section 101(13) of
title 10, United States Code.
(4) Acquisition support agencies.--The term ``acquisition
support agencies'' means Defense Agencies and Department of
Defense Field Activities that carry out and provide support
for acquisition-related activities.
SEC. 814. REQUIREMENT FOR CONTRACTING OPERATIONS TO BE
INCLUDED IN INTERAGENCY PLANNING RELATED TO
STABILIZATION AND RECONSTRUCTION.
(a) Inclusion of Contracting Operations in Interagency
Planning.--The Secretary of Defense shall include contracting
operations in all relevant interagency planning operations of
the Department of Defense related to stabilization and
reconstruction operations.
(b) Secretary of Defense Requirements.--If the President
designates the Department of Defense as the executive agency
with primary responsibility for contracting operations in
post-conflict, stabilization, or reconstruction operations,
the Secretary of Defense shall develop policy and procedures
for the Department of Defense to serve as such executive
agency.
(c) Report.--
(1) Requirement.--The Secretary of Defense and the
Secretary of State shall jointly prepare a report on lessons
learned from carrying out contracting operations during
Operation Iraqi Freedom.
(2) Matters covered.--The report shall address the
following with respect to such activities:
(A) Development of an appropriate acquisition planning
strategy before obligation of funds, including the scope of
planned contracting operations, project management,
logistics, and financial considerations.
(B) Flow of appropriated funds.
(C) Ability to obtain military and civilian acquisition
workforce personnel.
(D) Ability to obtain country clearances for such
personnel.
(E) Ability to reprogram funds and to coordinate
interagency activities.
(3) Submission.--Not later than 180 days after the date of
the enactment of this Act, the report shall be submitted to
the Committees on Armed Services and Foreign Relations of the
Senate and the Committees on Armed Services and International
Relations of the House of Representatives.
SEC. 815. STATEMENT OF POLICY AND REPORT RELATING TO
CONTRACTING WITH EMPLOYERS OF PERSONS WITH
DISABILITIES.
(a) Extensions of Inapplicability of Certain Acts.--Section
853 of the Ronald W. Reagan National Defense Authorization
Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2021)
is amended in subsections (a)(2) (A) and (b)(2)(A) by
striking ``2005'' and inserting ``2006''.
(b) Statement of Policy.--The Secretary of Defense and the
Secretary of Education shall jointly issue a statement of
policy related to the implementation of the Randolph-Sheppard
Act (20 U.S.C. 107 et seq.) and the Javits-Wagner-O'Day Act
(41 U.S.C. 48) within the Department of Defense and the
Department of Education. The joint statement of policy shall
specifically address the application of those Acts to both
operation and management of all or any part of a military
mess hall, military troop dining facility, or any similar
dining facility operated for the purpose of providing meals
to members of the Armed Forces, and shall take into account
and address, to the extent practicable, the positions
acceptable to persons representing programs implemented under
each Act.
(c) Report.--Not later than April 1, 2006, the Secretary of
Defense and the Secretary of Education shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives, the Committee on Health, Education, Labor
and Pensions of the Senate, and the Committee on Education
and the Workforce of the House of Representatives a report
describing the joint statement of policy issued under
subsection (b), with such findings and recommendations as the
Secretaries consider appropriate.
SEC. 816. STUDY ON DEPARTMENT OF DEFENSE CONTRACTING WITH
SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY
SERVICE-DISABLED VETERANS.
(a) Study Required.--The Secretary of Defense shall conduct
a study on Department of Defense procurement contracts with
small business concerns owned and controlled by service-
disabled veterans.
(b) Elements of Study.--The study required by subsection
(a) shall include the following determinations:
(1) Any steps taken by the Department of Defense to meet
the Government-wide goal of participation by small business
concerns owned and controlled by service-disabled veterans in
at least 3 percent of the total value of all prime contract
and subcontract awards, as required under section 15(g) of
the Small Business Act (15 U.S.C. 644(g)).
(2) If the Department of Defense has failed to meet such
goal, an explanation of the reasons for such failure.
(3) Any steps taken within the Department of Defense to
make contracting officers aware of the 3 percent goal and to
ensure that procurement officers are working actively to
achieve such goal.
(4) The number of small business concerns owned and
controlled by service-disabled veterans which submitted
offers on contracts with the Department of Defense during the
preceding fiscal year.
(5) Any outreach efforts made by the Department to enter
into contracts with small business concerns owned and
controlled by service-disabled veterans.
(6) Any such outreach efforts the Department could make but
has not made.
(7) Whether, in awarding subcontracts, prime contractors
are aware of the preference for small business concerns owned
and controlled by service-disabled veterans under section 36
of the Small Business Act (15 U.S.C. 657f).
(8) Any plans of the Department of Defense to increase the
percentage of Federal contracts it awards to small businesses
owned and controlled by service-disabled veterans.
(c) Report.--Not later than the date that is six months
after the date of the enactment of this Act, the Secretary
shall submit to Congress a report on the findings of the
study conducted under this section.
(d) Small Business Concern Owned and Controlled by Service-
Disabled Veterans.--In this section, the term ``small
business concern owned and controlled by service-disabled
veterans'' has the meaning given that term in section 3(q) of
the Small Business Act (15 U.S.C. 632(q)).
SEC. 817. PROHIBITION ON PROCUREMENT FROM BENEFICIARIES OF
FOREIGN SUBSIDIES.
(a) Prohibition.--The Secretary of Defense may not enter
into a contract for the procurement of goods or services from
any foreign person to which the government of a foreign
country that is a member of the World Trade Organization has
provided a subsidy if--
(1) the United States has requested consultations with that
foreign country under the Agreement on Subsidies and
Countervailing Measures on the basis that the subsidy is a
prohibited subsidy under that Agreement; and
(2) either--
(A) the issue before the World Trade Organization has not
been resolved; or
(B) the World Trade Organization has ruled that the subsidy
provided by the foreign country is a prohibited subsidy under
the Agreement on Subsidies and Countervailing Measures.
(b) Joint Ventures.--The prohibition under subsection (a)
with respect to a foreign person also applies to any joint
venture, cooperative organization, partnership, or
contracting team of which that foreign person is a member.
(c) Subcontracts and Task Orders.--The prohibition under
subsection (a) with respect to a contract also applies to any
subcontracts at any tier entered into under the contract and
any task orders at any tier issued under the contract.
(d) Definitions.--In this section:
(1) The term ``Agreement on Subsidies and Countervailing
Measures'' means the agreement described in section
101(d)(12) of the Uruguay Round Agreements Act (19 U.S.C.
3501(d)(12)).
(2) The term ``foreign person'' means--
(A) an individual who is not a United States person or an
alien lawfully admitted for permanent residence into the
United States; or
(B) a corporation, partnership, or other nongovernmental
entity which is not a United States person.
(3) The term ``United States person'' means--
(A) a natural person who is a citizen of the United States
or who owes permanent allegiance to the United States; and
(B) a corporation or other legal entity which is organized
under the laws of the United States, any State or territory
thereof, or the District of Columbia, if natural persons
described in subparagraph (A) own, directly or indirectly,
more than 50 percent of the outstanding capital stock or
other beneficial interest in such legal entity.
(e) Applicability.--
(1) Programs with milestone b approval not covered.--The
prohibition under subsection (a) shall not apply to any
contract under a major defense acquisition program that has
received Milestone B approval as of the date of the enactment
of this Act.
(2) Definitions.--In this subsection:
(A) The term ``major defense acquisition program'' means a
Department of Defense acquisition program that is a major
defense acquisition program for purposes of section 2430 of
title 10, United States Code.
(B) The term ``Milestone B approval'' has the meaning
provided that term in section 2366(e)(7) of such title.
Subtitle C--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 821. INCREASED FLEXIBILITY FOR DESIGNATION OF CRITICAL
ACQUISITION POSITIONS IN DEFENSE ACQUISITION
WORKFORCE.
Subparagraph (A) of section 1733(b)(1) of title 10, United
States Code, is amended to read as follows:
``(A) Any acquisition position that is required to be
filled by a senior civilian employee in the National Security
Personnel System or a senior
[[Page H3965]]
commissioned officer of the Army, Navy, Air Force, or Marine
Corps, as determined in accordance with guidelines prescribed
by the Secretary.''.
SEC. 822. PARTICIPATION BY DEPARTMENT OF DEFENSE IN
ACQUISITION WORKFORCE TRAINING FUND.
(a) Required Contributions to Acquisition Workforce
Training Fund by Department of Defense.--Section 37(h)(3) of
the Office of Federal Procurement Policy Act (41 U.S.C.
433(h)(3)) is amended--
(1) in subparagraph (B), by striking ``(other than the
Department of Defense)''; and
(2) by redesignating subparagraphs (D), (E), (F), and (G)
as subparagraphs (E), (F), (G), and (H), respectively, and
inserting after subparagraph (C) the following new
subparagraph (D):
``(D) The Administrator of General Services shall transfer
to the Secretary of Defense fees collected from the
Department of Defense pursuant to subparagraph (B), to be
used by the Defense Acquisition University for purposes of
acquisition workforce training for the entire Federal
acquisition workforce.''.
(b) Conforming Amendments.--
(1) Office of federal procurement policy act.--Section
37(a) of the Office of Federal Procurement Policy Act (41
U.S.C. 433) is amended by striking ``This section'' and
inserting ``Except as provided in subsection (h)(3), this
section''.
(2) Public law 108-136.--Section 1412 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1664) is amended by striking subsection
(c).
(c) Defense Acquisition University Funding.--Amounts
transferred under section 37(h)(3)(D) of the Office of
Federal Procurement Policy Act (as amended by subsection (a))
for use by the Defense Acquisition University shall be in
addition to other amounts authorized for the University.
(d) Effective Date.--The amendments made by this section
shall apply with respect to contracts entered into after the
date of the enactment of this Act.
SEC. 823. INCREASE IN COST ACCOUNTING STANDARD THRESHOLD.
Section 26(f)(2)(A) of the Office of Federal Procurement
Policy Act (41 U.S.C. 422(f)(A)) is amended by striking
``$500,000'' and inserting ``$550,000''.
SEC. 824. AMENDMENTS TO DOMESTIC SOURCE REQUIREMENTS RELATING
TO CLOTHING MATERIALS AND COMPONENTS COVERED.
(a) Notice.--Section 2533a of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(k) Notification Required Within 7 Days After Contract
Award If Certain Exceptions Applied.--In the case of any
contract for the procurement of an item described in
subparagraph (B), (C), (D), or (E) of subsection (b)(1), if
the Secretary of Defense or of the military department
concerned applies an exception set forth in subsection (c) or
(e) with respect to that contract, the Secretary shall, not
later than 7 days after the award of the contract, post a
notification that the exception has been applied on the
Internet site maintained by the General Services
Administration known as FedBizOps.gov (or any successor
site). ''.
(b) Clothing Materials and Components Covered.--Subsection
(b) of section 2533a of title 10, United States Code, is
amended in paragraph (1)(B) by inserting before the semicolon
the following: ``and the materials and components thereof,
other than sensors, electronics, or other items added to, and
not normally associated with, clothing (and the materials and
components thereof)''.
SEC. 825. RAPID ACQUISITION AUTHORITY TO RESPOND TO DEFENSE
INTELLIGENCE COMMUNITY EMERGENCIES.
(a) Rapid Acquisition Authority.--In the case of any
critical intelligence capability that, as determined in
writing by the Secretary of Defense, without delegation, is
urgently needed to address a demonstrable, imminent, and
urgent threat to national security that would likely result
in combat fatalities or grave harm to the national security
of the United States, the Secretary shall use the procedures
developed under this section in order to accomplish the rapid
acquisition and deployment of the needed critical
intelligence capabilities.
(b) Designation of Senior Official.--Whenever the Secretary
makes a determination under subsection (a) that the rapid
acquisition of critical intelligence capability is needed,
the Secretary shall designate a senior official of the
Department of Defense to ensure that the intelligence
capability is acquired and deployed as quickly as possible,
with a goal of awarding a contract for the acquisition of the
intelligence capability within 15 days after the
determination is made.
(c) Waiver Authority.--Upon designation of a senior
official under subsection (b), the Secretary shall authorize
that official to waive any provision of law, policy,
directive, or regulation described in subsection (f) that
such official determines in writing would unnecessarily
impede the rapid acquisition and deployment of the needed
intelligence capability.
(d) Funding of Rapid Acquisitions.--The authority of this
section may not be used to acquire intelligence capability in
an amount aggregating more than $20,000,000 during any fiscal
year. For acquisitions of intelligence capability under this
subsection during the fiscal year in which the Secretary
makes the determination described in subsection (a) with
respect to such intelligence capability, the Secretary may
use any funds available to the Department of Defense for that
fiscal year.
(e) Notice to Congress.--The Secretary of Defense shall
notify the congressional defense committees within 15 days
after each determination made under subsection (a). Each such
notice shall identify in either classified or unclassified
format, as appropriate--
(1) the intelligence capability to be acquired;
(2) the amount anticipated to be expended for the
acquisition; and
(3) the source of funds for the acquisition.
(f) Waiver of Certain Statutes and Regulations.--
(1) In general.--Upon a determination described in
subsection (a), the senior official designated in accordance
with subsection (b) with respect to that designation is
authorized to waive any provision of law, policy, directive
or regulation addressing--
(A) the establishment of the requirement for the
intelligence capability;
(B) the research, development, test, and evaluation of the
intelligence capability; or
(C) the solicitation and selection of sources, and the
award of the contract, for procurement of the intelligence
capability.
(2) Limitation.--Nothing in this subsection authorizes the
waiver of any provision of law imposing civil or criminal
penalties.
TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A--Department of Defense Management
Sec. 901. Restoration of parity in pay levels among Under Secretary
positions.
Sec. 902. Eligibility criteria for Director of Department of Defense
Test Resource Management Center.
Sec. 903. Consolidation and standardization of authorities relating to
Department of Defense Regional Centers for Security
Studies.
Sec. 904. Redesignation of the Department of the Navy as the Department
of the Navy and Marine Corps.
Subtitle B--Space Activities
Sec. 911. Space Situational Awareness Strategy.
Sec. 912. Military satellite communications.
Sec. 913. Operationally responsive space.
Subtitle C--Chemical Demilitarization Program
Sec. 921. Transfer to Secretary of the Army of responsibility for
assembled chemical weapons alternatives program.
Sec. 922. Clarification of Cooperative Agreement Authority under
Chemical Demilitarization Program.
Subtitle D--Intelligence-Related Matters
Sec. 931. Department of Defense Strategy for Open-Source intelligence.
Sec. 932. Comprehensive inventory of Department of Defense intelligence
and intelligence-related programs and projects.
Subtitle A--Department of Defense Management
SEC. 901. RESTORATION OF PARITY IN PAY LEVELS AMONG UNDER
SECRETARY POSITIONS.
(a) Positions of Under Secretaries of Military Departments
Raised to Level III of the Executive Schedule.--Section 5314
of title 5, United States Code, is amended by inserting after
``Under Secretary of Defense for Intelligence'' the
following:
``Under Secretary of the Air Force.
``Under Secretary of the Army.
``Under Secretary of the Navy.''.
(b) Conforming Amendment.--Section 5315 of such title is
amended by striking the following:
``Under Secretary of the Air Force.
``Under Secretary of the Army.
``Under Secretary of the Navy.''.
SEC. 902. ELIGIBILITY CRITERIA FOR DIRECTOR OF DEPARTMENT OF
DEFENSE TEST RESOURCE MANAGEMENT CENTER.
Section 196(b) of title 10, United States Code, is amended
to read as follows:
``(b) Director.--At the head of the Center shall be a
Director, who shall be appointed by the Secretary from among
individuals who have substantial experience in the field of
test and evaluation.''.
SEC. 903. CONSOLIDATION AND STANDARDIZATION OF AUTHORITIES
RELATING TO DEPARTMENT OF DEFENSE REGIONAL
CENTERS FOR SECURITY STUDIES.
(a) Basic Authorities for Regional Centers.--
(1) In general.--Section 184 of title 10, United States
Code, is amended to read as follows:
``Sec. 184. Regional Centers for Security Studies
``(a) In General.--The Secretary of Defense shall
administer the Department of Defense Regional Centers for
Security Studies in accordance with this section as
international venues for bilateral and multilateral research,
communication, and exchange of ideas involving military and
civilian participants.
``(b) Regional Centers Specified.--(1) A Department of
Defense Regional Center for Security Studies is a Department
of Defense institution that--
``(A) is operated, and designated as such, by the Secretary
of Defense for the study of security issues relating to a
specified geographic region of the world; and
``(B) serves as a forum for bilateral and multilateral
research, communication, and exchange of ideas involving
military and civilian participants.
``(2) The Department of Defense Regional Centers for
Security Studies are the following:
``(A) The George C. Marshall European Center for Security
Studies, established in 1993 and located in Garmisch-
Partenkirchen, Germany.
``(B) The Asia-Pacific Center for Security Studies,
established in 1995 and located in Honolulu, Hawaii.
``(C) The Center for Hemispheric Defense Studies,
established in 1997 and located in Washington, D.C.
[[Page H3966]]
``(D) The Africa Center for Strategic Studies, established
in 1999 and located in Washington, D.C.
``(E) The Near East South Asia Center for Strategic
Studies, established in 2000 and located in Washington, D.C.
``(3) No institution or element of the Department of
Defense may be designated as a Department of Defense Regional
Center for Security Studies for purposes of this section,
other than the institutions specified in paragraph (2),
except as specifically provided by law after the date of the
enactment of this section.
``(c) Regulations.--The administration of the Regional
Centers under this section shall be carried out under
regulations prescribed by the Secretary.
``(d) Participation.--Participants in activities of the
Regional Centers may include United States military and
civilian personnel, governmental and nongovernmental
personnel, and foreign military and civilian, governmental
and nongovernmental personnel.
``(e) Employment and Compensation of Faculty.--At each
Regional Center, the Secretary may, subject to
appropriations--
``(1) employ a Director, a Deputy Director, and as many
civilians as professors, instructors, and lecturers as the
Secretary considers necessary; and
``(2) prescribe the compensation of such persons, in
accordance with Federal guidelines.
``(f) Payment of Costs.--(1) Participation in activities of
a Regional Center shall be on a reimbursable basis (or by
payment in advance), except in a case in which reimbursement
is waived in accordance with paragraph (3).
``(2) For a foreign national participant, payment of costs
may be made by the participant's own government, by a
Department or agency of the United States other than the
Department of Defense, or by a gift or donation on behalf of
one or more Regional Centers accepted under section 2611 of
this title on behalf of the participant's government.
``(3) The Secretary of Defense may waive reimbursement of
the costs of activities of the Regional Centers for foreign
military officers and foreign defense civilian officials from
a developing country if the Secretary determines that
attendance of such personnel without reimbursement is in the
national security interest of the United States. Costs for
which reimbursement is waived pursuant to this paragraph
shall be paid from appropriations available to the Regional
Centers.
``(4) Funds accepted for the payment of costs shall be
credited to the appropriation then currently available to the
Department of Defense for the Regional Center that incurred
the costs. Funds so credited shall be merged with the
appropriation to which credited and shall be available to
that Regional Center for the same purposes and same period as
the appropriation with which merged.
``(5) Funds available for the payment of personnel expenses
under the Latin American cooperation authority set forth in
section 1050 of this title are also available for the costs
of the operation of the Center for Hemispheric Defense
Studies.
``(g) Support to Other Agencies.--The Director of a
Regional Center may enter into agreements with the
Secretaries of the military departments, the heads of the
Defense Agencies, and, with the concurrence of the Secretary
of Defense, the heads of other Federal departments and
agencies for the provision of services by that Regional
Center under this section. Any such participating department
and agency shall transfer to the Regional Center funds to pay
the full costs of the services received.
``(h) Annual Report.--Not later than February 1 of each
year, 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
operation of the Regional Centers for security studies during
the preceding fiscal year. The annual report shall include,
for each Regional Center, the following information:
``(1) The status and objectives of the center.
``(2) The budget of the center, including the costs of
operating the center.
``(3) A description of the extent of the international
participation in the programs of the center, including the
costs incurred by the United States for the participation of
each foreign nation.
``(4) A description of the foreign gifts and donations, if
any, accepted under section 2611 of this title. ''.
(2) Clerical amendment.--The item relating to such section
in the table of sections at the beginning of chapter 7 of
such title is amended to read as follows:
``184. Regional Centers for Security Studies.''.
(b) Standardization of Authority for Acceptance of Gifts
and Donations.--
(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 accept, on
behalf of one or more of the Regional Centers for Security
Studies, a gift or donation from any source in order to
defray the costs of, or enhance the operation of, one or more
of the Regional Centers.
``(b) Regional Centers.--For purposes of this section, the
Regional Centers for Security Studies are the Department of
Defense institutions specified in section 184(b) of this
title.
``(c) Limitation.--(1) The Secretary may not accept a gift
or donation under subsection (a) if the acceptance of the
gift or donation would compromise or appear to compromise--
``(A) the ability of the Department of Defense, or any
employee of the Department or member of the armed forces, to
carry out the responsibility or duty of the Department in a
fair and objective manner; or
``(B) the integrity of any program of the Department of
Defense or any person involved in such a program.
``(2) 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 paragraph (1).
``(d) Crediting of Funds.--Funds accepted by the Secretary
under subsection (a) shall be credited to appropriations
available to the Department of Defense for the Regional
Centers. Funds so credited shall be merged with the
appropriations to which credited and shall be available for
the Regional Centers for the same purposes and the same
period as the appropriations with which merged.
``(e) Gifts and Donations Defined.--For purposes of this
section--
``(1) a foreign gift or donation is a gift or donation of
funds, materials (including research materials), property, or
services (including lecture services and faculty services)
from a foreign government, a foundation or other charitable
organization in a foreign country, or an individual in a
foreign country; and
``(2) the term `gift' includes a devise of real property or
a bequest of personal property and any gift of an interest in
real property. ''.
(2) Clerical amendment.--The item relating to section 2611
in the table of sections at the beginning of chapter 155 of
such title is amended to read as follows:
``2611. Regional Centers for Security Studies: acceptance of foreign
gifts and donations.''.
(c) Conforming Amendments.--
(1) Marshall center general authority.--Section 1306 of the
National Defense Authorization Act for Fiscal Year 1995
(Public Law 103-337; 108 Stat. 2892) is repealed.
(2) Marshall center gift authority.--Section 1065 of the
National Defense Authorization Act for Fiscal Year 1997 (10
U.S.C. 113) is amended--
(A) by striking subsections (a) and (b);
(B) by redesignating subsection (c) as subsection (a); and
(C) by redesignating paragraph (3) of such subsection as
subsection (b) and inserting ``Certain Non-citizens
Authorized to Serve on Board.--'' before ``Notwithstanding''.
(3) Employment and compensation authority for civilian
faculty.--Section 1595 of title 10, United States Code, is
amended--
(A) in subsection (c)--
(i) by striking paragraphs (3) and (5); and
(ii) by redesignating paragraphs (4) and (6) as paragraphs
(3) and (4), respectively; and
(B) by striking subsection (e).
(4) Status of center for hemispheric defense studies.--
Section 2165 of title 10, United States Code, is amended--
(A) in subsection (b)--
(i) by striking paragraph (6); and
(ii) by redesignating paragraph (7) as paragraph (6); and
(B) by striking subsection (c).
SEC. 904. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE
DEPARTMENT OF THE NAVY AND MARINE CORPS.
(a) Redesignation of Military Department.--The military
department designated as the Department of the Navy is
redesignated as the Department of the Navy and Marine Corps.
(b) Redesignation of Secretary and Other Statutory
Offices.--
(1) Secretary.--The position of the Secretary of the Navy
is redesignated as the Secretary of the Navy and Marine
Corps.
(2) Other statutory offices.--The positions of the Under
Secretary of the Navy, the four Assistant Secretaries of the
Navy, and the General Counsel of the Department of the Navy
are redesignated as the Under Secretary of the Navy and
Marine Corps, the Assistant Secretaries of the Navy and
Marine Corps, and the General Counsel of the Department of
the Navy and Marine Corps, respectively.
(c) Conforming Amendments to Title 10, United States
Code.--
(1) Definition of ``military department''.--Paragraph (8)
of section 101(a) of title 10, United States Code, is amended
to read as follows:
``(8) The term `military department' means the Department
of the Army, the Department of the Navy and Marine Corps, and
the Department of the Air Force.''.
(2) Organization of department.--The text of section 5011
of such title is amended to read as follows: ``The Department
of the Navy and Marine Corps is separately organized under
the Secretary of the Navy and Marine Corps.''.
(3) Position of secretary.--Section 5013(a)(1) of such
title is amended by striking ``There is a Secretary of the
Navy'' and inserting ``There is a Secretary of the Navy and
Marine Corps''.
(4) Chapter headings.--
(A) The heading of chapter 503 of such title is amended to
read as follows:
``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.
(B) The heading of chapter 507 of such title is amended to
read as follows:
``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE
CORPS''.
(5) Other amendments.--
(A) Title 10, United States Code, is amended by striking
``Department of the Navy'' and ``Secretary of the Navy'' each
place they appear other than as specified in paragraphs (1),
(2), (3), and (4) (including in section headings, subsection
captions, tables of chapters, and tables of sections) and
inserting ``Department of the Navy and Marine Corps'' and
``Secretary of the
[[Page H3967]]
Navy and Marine Corps'', respectively, in each case with the
matter inserted to be in the same typeface and typestyle as
the matter stricken.
(B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2),
5032(a), and 5042(a) of such title are amended by striking
``Assistant Secretaries of the Navy'' and inserting
``Assistant Secretaries of the Navy and Marine Corps''.
(ii) The heading of section 5016 of such title, and the
item relating to such section in the table of sections at the
beginning of chapter 503 of such title, are each amended by
inserting ``and Marine Corps'' after ``of the Navy'', with
the matter inserted in each case to be in the same typeface
and typestyle as the matter amended.
(d) Title 37, United States Code.--Title 37, United States
Code, is amended by striking ``Department of the Navy'' and
``Secretary of the Navy'' each place they appear and
inserting ``Department of the Navy and Marine Corps'' and
``Secretary of the Navy and Marine Corps'', respectively.
(e) Other References.--Any reference in any law other than
in title 10 or title 37, United States Code, or in any
regulation, document, record, or other paper of the United
States, to the Department of the Navy shall be considered to
be a reference to the Department of the Navy and Marine
Corps. Any such reference to an office specified in
subsection (b)(2) shall be considered to be a reference to
that office as redesignated by that subsection.
(f) Effective Date.--This section and the amendments made
by this section shall take effect on the first day of the
first month beginning more than 60 days after the date of the
enactment of this Act.
Subtitle B--Space Activities
SEC. 911. SPACE SITUATIONAL AWARENESS STRATEGY.
(a) Findings.--The Congress finds that--
(1) the Department of Defense has the responsibility,
within the executive branch, for developing the strategy and
the systems of the United States for ensuring freedom to
operate United States space assets affecting national
security; and
(2) the foundation of any credible strategy for ensuring
freedom to operate United States space assets is a
comprehensive system for space situational awareness.
(b) Space Situational Awareness Strategy.--
(1) Requirement.--The Secretary of Defense shall develop a
strategy, to be known as the ``Space Situational Awareness
Strategy'', for ensuring freedom to operate United States
space assets affecting national security. The Secretary shall
submit that strategy to Congress not later than April 15,
2006. The Secretary shall submit to Congress an updated,
current version of the Space Situational Awareness Strategy
not later than April 15 of every even-numbered year
thereafter.
(2) Time period.--The Space Situational Awareness Strategy
shall cover the 20-year period from 2006 through 2025.
(3) Matters to be included.--The Space Situational
Awareness Strategy shall include the following (set forth for
the 20-year period specified in paragraph (2) and separately
for each successive five-year period beginning with 2006):
(A) A threat assessment describing the perceived threats to
United States space assets affecting national security.
(B) Details for a coherent and comprehensive strategy for
the United States for space situational awareness, together
with a description of the systems architecture to implement
that strategy in light of the threat assessment under
subparagraph (A).
(C) A description of each of the individual program
concepts that will make up the systems architecture described
pursuant to subparagraph (B) and, for each such program
concept, a description of the specific capabilities to be
achieved and the threats to be abated.
(c) Space Situational Awareness Capabilities Roadmap.--
(1) Requirement.--The Secretary of the Air Force shall
develop a roadmap, to be known as the ``space situational
awareness capabilities roadmap'', for the development of the
systems architecture described pursuant to subsection
(b)(3)(B).
(2) Matters to be included.-- The space situational
awareness capabilities roadmap shall include--
(A) capabilities of all systems deployed as of mid-2005 or
planned for modernization or acquisition from 2006 to 2015;
and
(B) a description of recommended solutions for inadequacies
in the architecture to address threats identified under
subsection (b)(3)(A).
SEC. 912. MILITARY SATELLITE COMMUNICATIONS.
(a) Findings.--Congress finds the following:
(1) Military requirements for satellite communications
exceed the capability of on-orbit assets as of mid-2005.
(2) To meet future military requirements for satellite
communications, the Secretary of the Air Force has initiated
a highly complex and revolutionary program called the
Transformational Satellite Communications System (TSAT).
(3) If the program referred to in paragraph (2) experiences
setbacks that prolong the development and deployment of the
capability to be provided by that program, the Secretary of
the Air Force must be prepared to implement contingency
programs to achieve interim improvements in the capabilities
of satellite communications to meet military requirements
through upgrades to current systems.
(b) Development of Options.--In order to prepare for the
contingency referred to in subsection (a)(3), the Director of
the National Security Space Office of the Department of
Defense shall provide for an assessment, to be conducted by
an entity outside the Department of Defense, to develop and
compare options for individual acquisition, and block
acquisition, of the Advanced Extremely High Frequency space
vehicles numbered 4 and 5, in conjunction with modifications
to the current Wideband Gapfiller System program, that will
accomplish the following:
(1) Minimize nonrecurring costs.
(2) Improve communications-on-the-move capabilities.
(3) Increase net centricity for communications.
(4) Increase satellite throughput.
(5) Increase user connectivity.
(6) Improve airborne communications support.
(c) Analysis of Alternatives Report.--Not later than
February 28, 2006, the Director of the National Security
Space Office shall submit to Congress a report providing an
analysis of alternatives with respect to the options
developed pursuant to subsection (b). The analysis of
alternatives shall be prepared taking into consideration the
findings and recommendations of the independent assessment
conducted under subsection (b).
SEC. 913. OPERATIONALLY RESPONSIVE SPACE.
(a) Joint Operationally Responsive Space Payload Technology
Organization.--
(1) In general.--The Secretary of Defense shall establish
or designate an organization in the Department of Defense to
coordinate joint operationally responsive space payload
technology.
(2) Master plan.--The organization established or
designated under paragraph (1) shall produce an annual master
plan for coordination of operationally responsive space
payload technology and shall coordinate resources provided to
stimulate technical development of small satellite payloads.
The annual master plan shall describe focus areas for
development of operationally responsive space payload
technology, including--
(A) miniaturization technology for satellite payloads;
(B) increased sensor acuity;
(C) concept of operations exploration;
(D) increased processor capability; and
(E) such additional matters as the head of that
organization determines appropriate.
(3) Requests for proposals.--The Secretary of Defense,
acting through the Director of the Office of Force
Transformation, shall award contracts, from amounts available
for that purpose for any fiscal year, for technology projects
that support the focus areas set out in the master plan for
development of operationally responsive space payload
technology.
(4) Assessment factors.--In assessing any proposal
submitted for a contract under paragraph (3), the Secretary
shall consider --
(A) how the proposal correlates to the goals articulated in
the master plan under paragraph (2) and to the National
Security Space Architecture; and
(B) the probability, for the project for which the proposal
is submitted, of eventual transition either to a laboratory
of one of the military departments for continued development
or to a joint program office for operational deployment.
(b) Report on Joint Program Office for TACSAT.--Not later
than February 28, 2006, the Secretary of Defense shall submit
to the congressional defense committees a report providing a
plan for the creation of a joint program office for the
Tactical Satellite program and for transition of that program
out of the Office of Force Transformation and to the
administration of the joint program office. The report shall
be prepared in conjunction with the Department of Defense
executive agent for space.
(c) Joint Report on Certain Space and Missile Defense
Activities.--Not later than February 28, 2006, the Department
of Defense executive agent for space and the Director of the
Missile Defense Agency shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a joint report on the value of
each of the following:
(1) Increased use of the Rocket Systems Launch Program for
the respective missions of the Department of the Air Force
and the Missile Defense Agency.
(2) An agreement between the Director of the Missile
Defense Agency and the Secretary of the Air Force for
eventual transition of operational control of small satellite
demonstrations from the Missile Defense Agency to the
Department of the Air Force.
(3) A partnership between the Missile Defense Agency and
the Department of the Air Force in the development of common
high-altitude and near-space assets for the respective
missions of the Missile Defense Agency and the Department of
the Air Force.
Subtitle C--Chemical Demilitarization Program
SEC. 921. TRANSFER TO SECRETARY OF THE ARMY OF RESPONSIBILITY
FOR ASSEMBLED CHEMICAL WEAPONS ALTERNATIVES
PROGRAM.
Effective January 1, 2006, the text of section 142 of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261; 50 U.S.C. 1521 note) is
amended to read as follows:
``(a) Program Management.--(1) The program manager for the
Assembled Chemical Weapons Alternatives program shall report
to the Secretary of the Army.
``(2) The Secretary of the Army shall provide for that
program to be managed as part of the management organization
within the Department of the Army specified in section
1412(e) of Public Law 99-145 (50 U.S.C. 1521(e)).
``(b) Continued Implementation of Previously Selected
Alternative Technologies.--(1) In carrying out the
destruction of lethal chemical munitions at Pueblo Chemical
Depot, Colorado, the Secretary of the Army shall continue to
implement fully the alternative
[[Page H3968]]
technology for such destruction at that depot selected by the
Under Secretary of Defense for Acquisition, Technology, and
Logistics on July 16, 2002.
``(2) In carrying out the destruction of lethal chemical
munitions at Blue Grass Army Depot, Kentucky, the Secretary
of the Army shall continue to implement fully the alternative
technology for such destruction at that depot selected by the
Under Secretary of Defense for Acquisition, Technology, and
Logistics on February 3, 2003.''.
SEC. 922. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY
UNDER CHEMICAL DEMILITARIZATION PROGRAM.
(a) Agreements With Federally Recognized Indian Tribal
Governments.--Section 1412(c)(4) of the Department of Defense
Authorization Act, 1986 (50 U.S.C 1521(c)(4)) is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in the first sentence--
(A) by inserting ``and to tribal organizations of Indian
tribes'' after ``to State and local governments''; and
(B) by inserting ``and organizations'' after ``assist those
governments''
(3) by designating the text beginning ``Additionally, the
Secretary '' as subparagraph (B);
(4) in the first sentence of subparagraph (B), as
designated by paragraph (2), by inserting ``, and with tribal
organizations of Indian tribes,'' after ``with State and
local governments''; and
(5) by adding at the end the following new subparagraph:
``(C) In this subparagraph, the terms `tribal organization'
and `Indian tribes' have the meanings given those terms in
subsections (e) and (l), respectively, of section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b).''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as of December 5, 1991, and shall apply
with respect to cooperative agreements entered into on or
after that date.
Subtitle D--Intelligence-Related Matters
SEC. 931. DEPARTMENT OF DEFENSE STRATEGY FOR OPEN-SOURCE
INTELLIGENCE.
(a) Findings.--Congress makes the following findings:
(1) Open-source intelligence (OSINT) is intelligence that
is produced from publicly available information collected,
exploited, and disseminated in a timely manner to an
appropriate audience for the purpose of addressing a specific
intelligence requirement.
(2) With the Information Revolution, the amount,
significance, and accessibility of open-source information
has exploded, but the Intelligence Community has not expanded
its exploitation efforts and systems to produce open-source
intelligence.
(3) The production of open-source intelligence is a
valuable intelligence discipline that must be integrated in
the intelligence cycle to ensure that United States
policymakers are fully and completely informed.
(4) The dissemination and use of validated open-source
intelligence inherently enables information sharing as it is
produced without the use of sensitive sources and methods.
Open-source intelligence products can be shared with the
American public and foreign allies because of its
unclassified nature.
(5) The National Commission on Terrorist Attacks Upon the
United States, in its Final Report released on July 22, 2004,
identified shortfalls in the ability of the United States to
employ all-source intelligence, a large component of which is
open-source intelligence.
(6) The Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458) advocates for coordination of the
collection, analysis, production, and dissemination of open-
source intelligence.
(7) The Commission on the Intelligence Capabilities of the
United States Regarding Weapons of Mass Destruction, in its
report to the President released on March 31, 2005, found
``that the need for exploiting open-source material is
greater now than ever before,'' but that ``the Intelligence
Community's open source programs have not expanded
commensurate with either the increase in available
information or with the growing importance of open source
data to today's problems''.
(b) Strategy for Open-Source Intelligence.--
(1) Development of strategy.--The Secretary of Defense
shall develop a strategy, to be known as the ``Strategy for
Open-Source Intelligence'', to be incorporated within the
larger military intelligence strategy, for the purpose of
integrating open-source intelligence into the military
intelligence cycle.
(2) Submission.--The Secretary shall submit the Strategy
for Open-Source Intelligence to Congress not later than
January 31, 2006.
(3) Matters to be included.--The Strategy for Open-Source
Intelligence shall include the following:
(A) An investment strategy for the development of a robust
open-source intelligence capability, with particular emphasis
on exploitation and dissemination.
(B) A description of how management of open-source
intelligence collection is currently performed at the
Department level and how it can be improved in the future.
(C) A description of the tools, systems, centers,
personnel, and procedures that will be used to perform open-
source intelligence tasking, collection, exploitation, and
dissemination.
(D) A description of proven tradecraft for effective open-
source intelligence exploitation, to include consideration of
operational security.
(E) A detailed description on how open-source intelligence
will be fused with all other intelligence sources across the
Department of Defense.
(F) A description of open-source intelligence training plan
and guidance for Department of Defense and service
intelligence personnel.
(G) A plan to incorporate the open-source intelligence
oversight function into the Office of the Undersecretary of
Defense for Intelligence and into service intelligence
organizations.
(H) A plan to incorporate and identify an open-source
intelligence specialty into Department and service personnel
systems.
(I) A plan to use reserve component intelligence personnel
to augment and support the open-source intelligence mission.
(J) A plan for the use of the Open-Source Information
System for the purpose of exploitation and dissemination.
SEC. 932. COMPREHENSIVE INVENTORY OF DEPARTMENT OF DEFENSE
INTELLIGENCE AND INTELLIGENCE-RELATED PROGRAMS
AND PROJECTS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional committees specified in subsection (b) a
report providing a comprehensive inventory of Department of
Defense intelligence and intelligence-related programs and
projects. The Secretary shall prepare the inventory in
consultation with the Director of National Intelligence, as
appropriate.
(b) Committees.--The congressional committees referred to
in subsection (a) are the following:
(1) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
(2) The Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial matters
1001. Transfer authority.
1002. Authorization of supplemental appropriations for fiscal year
2005.
1003. Increase in fiscal year 2005 general transfer authority.
1004. Reports on feasibility and desirability of capital budgeting for
major defense acquisition programs.
Subtitle B--Naval Vessels and Shipyards
1011. Conveyance, Navy drydock, Seattle, Washington.
1012. Conveyance, Navy drydock, Jacksonville, Florida.
1013. Conveyance, Navy drydock, Port Arthur, Texas.
1014. Transfer of U.S.S. IOWA.
1015. Transfer of ex-U.S.S. Forrest Sherman.
1016. Limitation on leasing of foreign-built vessels.
Subtitle C--Counter-Drug Activities
1021. Extension of Department of Defense authority to support counter-
drug activities.
1022. Resumption of reporting requirement regarding Department of
Defense expenditures to support foreign counter-drug
activities.
1023. Clarification of authority for joint task forces to support law
enforcement agencies conducting counter-terrorism
activities.
Subtitle D--Matters Related to Homeland Security
1031. Responsibilities of Assistant Secretary of Defense for Homeland
Defense relating to nuclear, chemical, and biological
emergency response.
1032. Testing of preparedness for emergencies involving nuclear,
radiological, chemical, biological, and high-yield
explosives weapons.
1033. Department of Defense chemical, biological, radiological,
nuclear, and high-yield explosives response teams.
1034. Repeal of Department of Defense emergency response assistance
program.
Subtitle E--Other Matters
1041. Commission on the Long-Term Implementation of the New Strategic
Posture of the United States.
1042. Reestablishment of EMP Commission.
1043. Modernization of authority relating to security of defense
property and facilities.
1044. Revision of Department of Defense counterintelligence polygraph
program.
1045. Repeal of requirement for report to Congress
regarding global strike capability.
1046. Technical and clerical amendments.
1047. Deletion of obsolete definitions in titles 10 and 32,
United States Code.
Subtitle A--Financial Matters
SEC. 1001. TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2006 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
section may not exceed $4,000,000,000.
(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
[[Page H3969]]
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
SEC. 1002. AUTHORIZATION OF 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 and chapter 2 of title IV of division A
of the Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Tsunami Relief, 2005 (Public
Law 109-13).
SEC. 1003. INCREASE IN FISCAL YEAR 2005 GENERAL TRANSFER
AUTHORITY.
Section 1001(a)(2) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108-375;
118 Stat. 2037) is amended by striking ``$3,500,000,000'' and
inserting ``$6,185,000,000''.
SEC. 1004. REPORTS ON FEASIBILITY AND DESIRABILITY OF CAPITAL
BUDGETING FOR MAJOR DEFENSE ACQUISITION
PROGRAMS.
(a) Capital Budgeting Defined.--For the purposes of this
section, the term ``capital budgeting'' means a budget
process that--
(1) identifies large capital outlays that are expected to
be made in future years, together with identification of the
proposed means to finance those outlays and the expected
benefits of those outlays;
(2) separately identifies revenues and outlays for capital
assets from revenues and outlays for an operating budget;
(3) allows for the issue of long-term debt to finance
capital investments; and
(4) provides the budget authority for acquiring a capital
asset over several fiscal years (rather than in a single
fiscal year at the beginning of such acquisition).
(b) Reports Required.--Not later than July 1, 2006, the
Secretary of Defense and the Secretary of each military
department shall each submit to Congress a report analyzing
the feasibility and desirability of using a capital budgeting
system for the financing of major defense acquisition
programs. Each such report shall address the following
matters:
(1) The potential long-term effect on the defense
industrial base of the United States of continuing with the
current full up-front funding system for major defense
acquisition programs.
(2) Whether use of a capital budgeting system could create
a more effective decisionmaking process for long-term
investments in major defense acquisition programs.
(3) The manner in which a capital budgeting system for
major defense acquisition programs would affect the budget
planning and formulation process of the military departments.
(4) The types of financial mechanisms that would be needed
to provide funds for such a capital budgeting system.
Subtitle B--Naval Vessels and Shipyards
SEC. 1011. CONVEYANCE, NAVY DRYDOCK, SEATTLE, WASHINGTON.
(a) Conveyance Authorized.--The Secretary of the Navy is
authorized to sell the yard floating drydock YFD-70, located
in Seattle, Washington, to Todd Pacific Shipyards
Corporation, that company being the current user of the
drydock.
(b) Condition of Conveyance.--The Secretary shall require
as a condition of the conveyance under subsection (a) that
the drydock remain at the facilities of Todd Pacific
Shipyards Corporation until at least September 30, 2010.
(c) Consideration.--As consideration for the conveyance of
the drydock under subsection (a), the purchaser shall pay to
the United States an amount equal to the fair market value of
the drydock, as determined by the Secretary.
(d) Transfers at No Cost to United States.--The provisions
of section 7306(c) of title 10, United States Code, shall
apply to the conveyance under this section.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 1012. CONVEYANCE, NAVY DRYDOCK, JACKSONVILLE, FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Navy is
authorized to sell the medium auxiliary floating drydock
SUSTAIN (AFDM-7), located in Duval County, Florida, to
Atlantic Marine Property Holding Company, that company being
the current user of the drydock.
(b) Condition of Conveyance.--The Secretary shall require
as a condition of the conveyance under subsection (a) that
the drydock remain at the facilities of Atlantic Marine
Property Holding Company until at least September 30, 2010.
(c) Consideration.--As consideration for the conveyance of
the drydock under subsection (a), the purchaser shall pay to
the United States an amount equal to the fair market value of
the drydock, as determined by the Secretary.
(d) Transfers at No Cost to United States.--The provisions
of section 7306(c) of title 10, United States Code, shall
apply to the conveyance under this section.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 1013. CONVEYANCE, NAVY DRYDOCK, PORT ARTHUR, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Navy is
authorized to convey, without consideration, to the port
authority of the city of Port Arthur, Texas, the inactive
medium auxiliary floating drydock designated as AFDM-2,
currently administered through the National Defense Reserve
Fleet.
(b) Condition of Conveyance.--The Secretary shall require
as a condition of the conveyance under subsection (a) that
the drydock remain at the facilities of the port authority
named in subsection (a).
(c) Transfers at No Cost to United States.--The provisions
of section 7306(c) of title 10, United States Code, shall
apply to the conveyance under this section.
(d) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
SEC. 1014. TRANSFER OF U.S.S. IOWA.
(a) Waiver of Requirement for Continued Listing on Naval
Vessel Register.--The provisions of the following laws do not
apply with respect to the U.S.S. IOWA (BB-61):
(1) Section 1011 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 421).
(2) Section 1011 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261;
112 Stat. 2118).
(b) Transfer.--The Secretary of the Navy shall--
(1) strike the U.S.S. IOWA (BB-61) from the Naval Vessel
Register; and
(2) subject to the submission of a donation application for
that vessel that is satisfactory to the Secretary, transfer
that vessel to the Port of Stockton, California, subject to
subsections (b) and (c) of section 7306 of title 10, United
States Code.
SEC. 1015. TRANSFER OF EX-U.S.S. FORREST SHERMAN.
(a) Transfer.--The Secretary of the Navy shall transfer the
decommissioned destroyer ex-U.S.S. Forrest Sherman (DD-931)
to the USS Forrest Sherman DD-931 Foundation, Inc., a
nonprofit organization under the laws of the State of
Maryland, subject to the submission of a donation application
for that vessel that is satisfactory to the Secretary.
(b) Applicable Law.--The transfer under this section is
subject to subsections (b) and (c) of section 7306 of title
10, United States Code. Subsection (d) of that section is
hereby waived with respect to such transfer.
(c) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the transfer under subsection (a) as the Secretary
considers appropriate.
(d) Expiration of Authority.--The authority granted by
subsection (a) shall expire at the end of the five-year
period beginning on the date of the enactment of this Act.
SEC. 1016. LIMITATION ON LEASING OF FOREIGN-BUILT VESSELS.
(a) In General.--
(1) Contracts for leases for more than 24 months.--Chapter
141 of title 10, United States Code, is amended by inserting
after section 2401a the following new section:
``Sec. 2401b. Limitation on lease of foreign-built vessels
``(a) Limitation.--The Secretary of a military department
may not make a contract for a lease or charter of a vessel
for a term of more than 24 months (including all options to
renew or extend the contract) if the hull, or a component of
the hull and superstructure of the vessel, is constructed in
a foreign shipyard.
``(b) Presidential Waiver for National Security Interest.--
(1) The President may authorize exceptions to the limitation
in subsection (a) when the President determines that it is in
the national security interest of the United States to do so.
``(2) The President shall transmit notice to Congress of
any such determination, and no contract may be made pursuant
to the exception authorized until the end of the 30-day
period beginning on the date on which the notice of the
determination is received by Congress.''.(2) Clerical
amendment.--The table of sections at the beginning of such
chapter is amended by inserting after the item relating to
section 2401a the following new item:
``2401b. Limitation on lease of foreign-built vessels.''.
(b) Effective Date.--Section 2401b of title 10, United
States Code, as added by subsection (a), shall apply with
respect to contracts entered into after the date of the
enactment of this Act.
Subtitle C--Counter-Drug Activities
SEC. 1021. EXTENSION OF DEPARTMENT OF DEFENSE AUTHORITY TO
SUPPORT COUNTER-DRUG ACTIVITIES.
Section 1004(a) of the National Defense Authorization Act
for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 374
note), as amended by section 1021 of the National Defense
Authorization Act for Fiscal Year 2002 (Public Law 107-107;
115 Stat. 1212), is amended by striking ``2006'' and
inserting ``2011''.
[[Page H3970]]
SEC. 1022. RESUMPTION OF REPORTING REQUIREMENT REGARDING
DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT
FOREIGN COUNTER-DRUG ACTIVITIES.
(a) Additional Report Required.--Section 1022 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-255), as amended by section 1022 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law
107-107; 115 Stat. 1215), is further amended by striking
``January 1, 2001, and April 15, 2002,'' and inserting
``April 15, 2006,''.
(b) Additional Information Required.--Such section is
further amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) A description of each base of operation or training
facility established, constructed, or operated using the
assistance, including any minor construction projects carried
out using such assistance, and the amount of assistance
expended on base of operations and training facilities.''.
SEC. 1023. CLARIFICATION OF AUTHORITY FOR JOINT TASK FORCES
TO SUPPORT LAW ENFORCEMENT AGENCIES CONDUCTING
COUNTER-TERRORISM ACTIVITIES.
Section 1022 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1594) is
amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Availability of Funds.--Funds available to a joint
task force to support counter-drug activities may also be
used to provide the counter-terrorism support authorized by
subsection (a).''.
Subtitle D--Matters Related to Homeland Security
SEC. 1031. RESPONSIBILITIES OF ASSISTANT SECRETARY OF DEFENSE
FOR HOMELAND DEFENSE RELATING TO NUCLEAR,
CHEMICAL, AND BIOLOGICAL EMERGENCY RESPONSE.
Subsection (a) of section 1413 of the Defense Against
Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2313) is
amended to read as follows:
``(a) Department of Defense.--The Assistant Secretary of
Defense for Homeland Defense is responsible for the
coordination of Department of Defense assistance to Federal,
State, and local officials in responding to threats involving
nuclear, radiological, biological, chemical weapons, or high-
yield explosives or related materials or technologies,
including assistance in identifying, neutralizing,
dismantling, and disposing of nuclear, radiological,
biological, chemical weapons, and high-yield explosives and
related materials and technologies.''.
SEC. 1032. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING
NUCLEAR, RADIOLOGICAL, CHEMICAL, BIOLOGICAL,
AND HIGH-YIELD EXPLOSIVES WEAPONS.
(a) Secretary of Homeland Security Functions.--Subsection
(a) of section 1415 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2315) is amended--
(1) in the subsection heading, by striking ``Chemical Or''
and inserting ``Nuclear, Radiological, Chemical, Or'';
(2) in paragraph (1)--
(A) by striking ``Secretary of Defense'' and inserting
``Secretary of Homeland Security''; and
(B) by striking ``biological weapons and related materials
and emergencies involving '' and inserting ``nuclear,
radiological, biological, and'';
(3) in paragraph (2), by striking ``during each of fiscal
years 1997 through 2013'' and inserting ``in accordance with
sections 102(c) and 430(c)(1) of the Homeland Security Act of
2002 (6 U.S.C. 112(c), 238(c)(1))''; and
(4) in paragraph (3)--
(A) by inserting ``the Secretary of Defense,'' before ``the
Director of the Federal Bureau of Investigation''; and
(B) by striking ``the Director of the Federal Emergency
Management Agency,''.
(b) Repeal of Secretary of Energy Functions.--Such section
is further amended by striking subsection (b).
(c) Conforming Amendments.--Subsection (c) of such
section--
(1) is redesignated as subsection (b); and
(2) is amended--
(A) in the first sentence, by striking ``The official
responsible for carrying out a program developed under
subsection (a) or (b) shall revise the program'' and
inserting ``The Secretary of Homeland Security shall revise
the program developed under subsection (a)''; and
(B) in the second sentence, by striking ``the official''
and inserting ``the Secretary''.
(d) Repeal of Obsolete Provisions.--Such section is further
amended by striking subsections (d) and (e).
SEC. 1033. DEPARTMENT OF DEFENSE CHEMICAL, BIOLOGICAL,
RADIOLOGICAL, NUCLEAR, AND HIGH-YIELD
EXPLOSIVES RESPONSE TEAMS.
Section 1414 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2314) is amended as
follows:
(1) The heading of such section is amended to read as
follows:
``SEC. 1414. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND
HIGH-YIELD EXPLOSIVES RESPONSE TEAM.''.
(2) Subsection (a) of such section is amended by striking
``or related materials'' and inserting ``radiological,
nuclear, and high-yield explosives''.
(3) Subsection (b) of such section is amended--
(A) in the subsection heading, by striking ``Plan'' and
inserting ``Plans'';
(B) in the first sentence, by striking ``Not later than''
and all that follows through ``response plans and'' and
inserting ``The Secretary of Homeland Security shall
incorporate into the National Response Plan prepared pursuant
to section 502(6) of the Homeland Security Act of 2002 (6
U.S.C. 312(6)), other existing Federal emergency response
plans, and''; and
(C) in the second sentence--
(i) by striking ``Director'' and inserting ``Secretary of
Homeland Security''; and
(ii) by striking ``consultation''and inserting
``coordination''.
SEC. 1034. REPEAL OF DEPARTMENT OF DEFENSE EMERGENCY RESPONSE
ASSISTANCE PROGRAM.
Section 1412 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2312) is repealed.
Subtitle E--Other Matters
SEC. 1041. COMMISSION ON THE LONG-TERM IMPLEMENTATION OF THE
NEW STRATEGIC POSTURE OF THE UNITED STATES.
(a) Establishment of Commission.--
(1) Establishment.--There is hereby established a
commission to be known as the ``Commission on the Long-Term
Implementation of the New Strategic Posture of the United
States''. The Secretary of Defense shall enter into a
contract with a federally funded research and development
center to provide for the organization, management, and
support of the Commission. Such contract shall be entered
into in consultation with the Secretary of Energy. The
selection of the federally funded research and development
center shall be subject to the approval of the chairman of
the Commission.
(2) Composition.--(A) The Commission shall be composed of
12 members who shall be appointed by the Secretary of
Defense. In selecting individuals for appointment to the
Commission, the Secretary of Defense shall consult with the
chairman and ranking minority member of the Committee on
Armed Services of the Senate and the chairman and ranking
minority member of the Committee on Armed Services of the
House of Representatives.
(B) Members of the Commission shall be appointed from among
private United States citizens with knowledge and expertise
in the political, military, operational, and technical
aspects of nuclear strategy.
(3) Chairman of the commission.--The Secretary of Defense
shall designate one of the members of the Commission to serve
as chairman of the Commission.
(4) Period of appointment; vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall be filled in the same manner as the original
appointment.
(5) Security clearances.--All members of the Commission
shall hold appropriate security clearances.
(b) Duties of Commission.--
(1) Review of long-term implementation of the nuclear
posture review.--The Commission shall examine long-term
programmatic requirements to achieve the goals set forth in
the report of the Secretary of Defense submitted to Congress
on December 31, 2001, providing the results of the Nuclear
Posture Review conducted pursuant to section 1041 of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654, 1654A-262) and results of periodic assessments of
the Nuclear Posture Review. Matters examined by the
Commission shall include the following:
(A) The process of establishing requirements for strategic
forces and how that process accommodates employment of
nonnuclear strike platforms and munitions in a strategic
role.
(B) How strategic intelligence, reconnaissance, and
surveillance requirements differ from nuclear intelligence,
reconnaissance, and surveillance requirements.
(C) The ability of a limited number of strategic platforms
to carry out a growing range of nonnuclear strategic strike
missions.
(D) The limits of tactical systems to perform nonnuclear
global strategic missions in a prompt manner.
(E) An assessment of the ability of the current nuclear
stockpile to address the evolving strategic threat
environment through 2025.
(2) Recommendations.--The Commission shall include in its
report recommendations with respect to the following:
(A) Changes to the requirements process to employ
nonnuclear strike platforms and munitions in a strategic
role.
(B) Changes to the nuclear stockpile and infrastructure
required to preserve a nuclear capability commensurate with
the changes to the strategic threat environment through 2025.
(C) Actions the Secretary of Defense and the Secretary of
Energy can take to preserve flexibility of the defense
nuclear complex while reducing the cost of a Cold War
strategic infrastructure.
(D) Identify shortfalls in the strategic modernization
programs of the United States that would undermine the
ability of the United States to develop new nonnuclear
strategic strike capabilities.
(3) Cooperation from government officials.--(A) In carrying
out its duties, the Commission shall receive the full and
timely cooperation of the Secretary of Defense, the Secretary
of Energy, and any other United States Government official in
providing the Commission with analyses, briefings, and other
information necessary for the fulfillment of its
responsibilities.
(B) The Secretary of Energy and the Secretary of Defense
shall each designate at least one officer or employee of the
Department of Energy
[[Page H3971]]
and the Department of Defense, respectively, to serve as a
liaison officer between the department and the Commission.
(c) Reports.--
(1) Commission report.--The Commission shall submit to the
Secretary of Defense and the Committees on Armed Services of
the Senate and House of Representatives a report on the
Commission's findings and conclusions. Such report shall be
submitted not later that 28 months after the date of the
first meeting of the Commission.
(2) Secretary of defense response.--Not later than one year
after the date on which the Commission submits its report
under paragraph (1), the Secretary of Defense shall submit to
Congress a report--
(A) commenting on the Commission's findings and
conclusions; and
(B) explaining what actions, if any, the Secretary intends
to take to implement the recommendations of the Commission
and, with respect to each such recommendation, the
Secretary's reasons for implementing, or not implementing,
the recommendation.
(d) Hearings and Procedures.--
(1) Hearings.--The Commission may, for the purpose of
carrying out the purposes of this section, hold hearings and
take testimony.
(2) Procedures.--The federally funded research and
development center with which a contract is entered into
under subsection (a)(1) shall be responsible for establishing
appropriate procedures for the Commission.
(3) Detail of government employees.--Upon request of the
chairman of the Commission, the head of any Federal
department or agency may detail, on a nonreimbursable basis,
personnel of that department or agency to the Commission to
assist it in carrying out its duties.
(e) Funding.--Funds for activities of the Commission shall
be provided from amounts appropriated for the Department of
Defense.
(f) Termination of Commission.--The Commission shall
terminate 60 days after the date of the submission of its
report under subsection (c)(1).
(g) Implementation.--
(1) FFRDC contract.--The Secretary of Defense shall enter
into the contract required under subsection (a)(1) not later
that 60 days after the date of the enactment of this Act.
(2) First meeting.--The Commission shall convene its first
meeting not later than 60 days after the date as of which all
members of the Commission have been appointed.
SEC. 1042. REESTABLISHMENT OF EMP COMMISSION.
(a) Reestablishment.--The commission established pursuant
to title XIV of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law
by Public Law 106-398; 114 Stat. 1654A-345), known as the
Commission to Assess the Threat to the United States from
Electromagnetic Pulse Attack, is hereby reestablished.
(b) Membership.--The Commission as reestablished shall have
the same membership as the Commission had as of the date of
the submission of the report of the Commission pursuant to
section 1403(a) of such Act, as in effect before the date of
the enactment of this Act. Service on the Commission is
voluntary, and Commissioners may elect to terminate their
service on the Commission.
(c) Commission Charter Defined.--In this section, the term
``Commission charter'' means title XIV of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as
enacted into law by Public Law 106-398; 114 Stat. 1654A-345
et seq.).
(d) Establishment and Purpose.--Section 1401 of the
Commission charter (114 Stat. 1654A-345) is amended--
(1) by striking subsections (e) and (g);
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Purpose.--The purpose of the Commission is to
monitor, investigate, make recommendations, and report to
Congress on the evolving threat to the United States from
electromagnetic pulse (hereinafter in this title referred to
as `EMP') attack resulting from the detonation of a nuclear
weapon or weapons at high altitude.'';
(4) in subsection (c), as redesignated by paragraph (2), by
striking the second and third sentences and inserting ``In
the event of a vacancy in the membership of the Commission,
the Secretary of Defense shall appoint a new member.''; and
(5) in subsection (d), as redesignated by paragraph (2), by
striking ``pulse (hereafter'' and all that follows and
inserting ``pulse effects referred to in subsection (b).''.
(e) Duties of Commission.--Section 1402 of the Commission
charter (114 Stat. 1654A-346) is amended to read as follows:
``SEC. 1402. DUTIES OF COMMISSION.
``The Commission shall on an ongoing basis assess the
following:
``(1) The nature and magnitude of potential EMP threats to
the United States from terrorists and all other potentially
hostile actors.
``(2) The proliferation of technology relevant to the EMP
threat.
``(3) The vulnerability of electric-dependent military
systems and other electric-dependent systems in the United
States to an EMP attack, giving special attention to the
progress, or lack of progress, by the Department of Defense,
other Government departments and agencies of the United
States, and entities of the private sector in taking steps to
protect such systems from such an attack.''.
(f) Report.--Section 1403 of the Commission charter (114
Stat. 1654A-345) is amended to read as follows:
``SEC. 1403. REPORTS.
``(a) Annual Report.--Not later than March 1 each year
(beginning in 2007 and ending three years later), the
Commission shall submit to Congress an annual report
providing the Commission's current assessment of the matters
specified in section 1402.
``(b) Additional Reports.--The Commission may submit to
Congress additional reports at such other times as the
Commission considers appropriate.
``(c) Content of Reports.--Each annual report under
subsection (a) shall include recommendations for any steps
the Commission believes should be taken by the United States
to better protect systems referred to in section 1402(3) from
an EMP attack.''.
(g) Clerical Amendment.--The heading for subsection (c) of
section 1405 of the Commission charter (114 Stat. 1654A-347)
is amended by striking ``Commission'' and inserting
``Panels''.
(h) Commission Personnel Matters.--Section 1406(c)(2) of
the Commission charter (114 Stat. 1654A-347) is amended by
striking ``for grade GS-15 of the General Schedule'' and
inserting ``for senior level and scientific or professional
positions''.
(i) Funding.--Section 1408 of the Commission charter (114
Stat. 1654A-348) is amended--
(1) by inserting ``for any fiscal year'' after ``activities
of the Commission''; and
(2) by striking ``for fiscal year 2001'' and inserting
``for that fiscal year''.
(j) Termination of Commission.--Section 1409 of the
Commission charter (114 Stat. 1654A-348) is amended by
striking ``60 days'' and all that follows through ``section
1403(a)'' and inserting ``on May 1, 2010''.
SEC. 1043. MODERNIZATION OF AUTHORITY RELATING TO SECURITY OF
DEFENSE PROPERTY AND FACILITIES.
Section 21 of the Internal Security Act of 1950 (50 U.S.C.
797) is amended to read as follows:
``Penalty for violation of security regulations and orders
``Sec. 21. (a) Misdemeanor Violation of Defense Property
Security Regulations.--
``(1) Misdemeanor.--Whoever willfully violates any defense
property security regulation shall be fined under title 18,
United States Code, or imprisoned not more than one year, or
both.
``(2) Defense property security regulation described.--For
purposes of paragraph (1), a defense property security
regulation is a property security regulation that, pursuant
to lawful authority--
``(A) shall be or has been promulgated or approved by the
Secretary of Defense (or by a military commander designated
by the Secretary of Defense or by a military officer, or a
civilian officer or employee of the Department of Defense,
holding a senior Department of Defense director position
designated by the Secretary of Defense) for the protection or
security of Department of Defense property; or
``(B) shall be or has been promulgated or approved by the
Administrator of the National Aeronautics and Space
Administration for the protection or security of NASA
property.
``(3) Property security regulation described.--For purposes
of paragraph (2), a property security regulation, with
respect to any property, is a regulation--
``(A) relating to fire hazards, fire protection, lighting,
machinery, guard service, disrepair, disuse, or other
unsatisfactory conditions on such property, or the ingress
thereto or egress or removal of persons therefrom; or
``(B) otherwise providing for safeguarding such property
against destruction, loss, or injury by accident or by enemy
action, sabotage, or other subversive actions.
``(4) Definitions.--In this subsection:
``(A) Department of defense property.--The term `Department
of Defense property' means covered property subject to the
jurisdiction, administration, or in the custody of the
Department of Defense, any Department or agency of which that
Department consists, or any officer or employee of that
Department or agency.
``(B) Nasa property.--The term `NASA property' means
covered property subject to the jurisdiction, administration,
or in the custody of the National Aeronautics and Space
Administration or any officer or employee thereof.
``(C) Covered property.--The term `covered property' means
aircraft, airports, airport facilities, vessels, harbors,
ports, piers, water-front facilities, bases, forts, posts,
laboratories, stations, vehicles, equipment, explosives, or
other property or places.
``(D) Regulation as including order.--The term `regulation'
includes an order.
``(b) Posting.--Any regulation or order covered by
subsection (a) shall be posted in conspicuous and appropriate
places.''.
SEC. 1044. REVISION OF DEPARTMENT OF DEFENSE
COUNTERINTELLIGENCE POLYGRAPH PROGRAM.
(a) In General.--Section 1564a of title 10, United States
Code, is amended to read as follows:
``Sec. 1564a. Counterintelligence polygraph program
``(a) Authority for Program.--The Secretary of Defense may
carry out a program for the administration of
counterintelligence polygraph examinations to persons
described in subsection (b). The program shall be conducted
in accordance with the standards specified in subsection (e).
``(b) Persons Covered.--Except as provided in subsection
(d), the following persons, if their duties are described in
subsection (c), are subject to this section:
``(1) Military and civilian personnel of the Department of
Defense.
``(2) Personnel of defense contractors.
``(3) A person assigned or detailed to the Department of
Defense.
``(4) An applicant for a position in the Department of
Defense.
``(c) Covered Types of Duties.--The Secretary of Defense
may provide, under standards
[[Page H3972]]
established by the Secretary, that a person described in
subsection (b) is subject to this section if that person's
duties involve--
``(1) access to information that--
``(A) has been classified at the level of top secret; or
``(B) is designated as being within a special access
program under section 4.4(a) of Executive Order 12958 (or a
successor Executive order); or
``(2) assistance in an intelligence or military mission in
a case in which the unauthorized disclosure or manipulation
of information, as determined under standards established by
the Secretary of Defense, could reasonably be expected to--
``(A) jeopardize human life or safety;
``(B) result in the loss of unique or uniquely productive
intelligence sources or methods vital to United States
security; or
``(C) compromise technologies, operational plans, or
security procedures vital to the strategic advantage of the
United States and its allies.
``(d) Exceptions From Coverage for Certain Intelligence
Agencies and Functions.--This section does not apply to the
following persons:
``(1) A person assigned or detailed to the Central
Intelligence Agency or to an expert or consultant under a
contract with the Central Intelligence Agency.
``(2) A person who is--
``(A) employed by or assigned or detailed to the National
Security Agency;
``(B) an expert or consultant under contract to the
National Security Agency;
``(C) an employee of a contractor of the National Security
Agency; or
``(D) a person applying for a position in the National
Security Agency.
``(3) A person assigned to a space where sensitive
cryptographic information is produced, processed, or stored.
``(4) A person employed by, or assigned or detailed to, an
office within the Department of Defense for the collection of
specialized national foreign intelligence through
reconnaissance programs or a contractor of such an office.
``(e) Standards.--(1) Polygraph examinations conducted
under this section shall comply with all applicable laws and
regulations.
``(2) Such examinations may be authorized for any of the
following purposes:
``(A) To assist in determining the initial eligibility for
duties described in subsection (c) of, and aperiodically
thereafter, on a random basis, to assist in determining the
continued eligibility of, persons described in subsections
(b) and (c).
``(B) With the consent of, or upon the request of, the
examinee, to--
``(i) resolve serious credible derogatory information
developed in connection with a personnel security
investigation; or
``(ii) exculpate him- or herself of allegations or evidence
arising in the course of a counterintelligence or personnel
security investigation.
``(C) To assist, in a limited number of cases when
operational exigencies require the immediate use of a
person's services before the completion of a personnel
security investigation, in determining the interim
eligibility for duties described in subsection (c) of the
person.
``(3) Polygraph examinations conducted under this section
shall provide adequate safeguards, prescribed by the
Secretary of Defense, for the protection of the rights and
privacy of persons subject to this section under subsection
(b) who are considered for or administered polygraph
examinations under this section. Such safeguards shall
include the following:
``(A) The examinee shall receive timely notification of the
examination and its intended purpose and may only be given
the examination with the consent of the examinee.
``(B) The examinee shall be advised of the examinee's right
to consult with legal counsel.
``(C) All questions asked concerning the matter at issue,
other than technical questions necessary to the polygraph
technique, must have a relevance to the subject of the
inquiry.
``(f) Oversight.--(1) The Secretary shall establish a
process to monitor responsible and effective application of
polygraph examinations within the Department of Defense.
``(2) The Secretary shall make information on the use of
polygraphs within the Department of Defense available to the
congressional defense committees.
``(g) Polygraph Research Program.--The Secretary shall
carry out a continuing research program to support the
polygraph examination activities of the Department of
Defense. The program shall include the following:
``(1) An on-going evaluation of the validity of polygraph
techniques used by the Department.
``(2) Research on polygraph countermeasures and anti-
countermeasures.
``(3) Developmental research on polygraph techniques,
instrumentation, and analytic methods.''.
(b) Effective Date; Implementation.--The amendment made by
subsection (a) shall apply with respect to polygraph
examinations administered beginning on the date of the
enactment of this Act.
SEC. 1045. REPEAL OF REQUIREMENT FOR REPORT TO CONGRESS
REGARDING GLOBAL STRIKE CAPABILITY.
(a) Repeal of Requirement for Annual Update to Plan for
Global Strike Capability.-- Subsection (a) of section 1032 of
the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136; 117 Stat. 1605; 10 U.S.C. 113 note) is
amended by striking the second sentence.
(b) Repeal of 2006 Report Requirement.--Subsection (b)(1)
of such section is amended by striking ``, 2005, and 2006''
and inserting ``and 2005''.
SEC. 1046. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Amendments Relating to Definition of Congressional
Defense Committees.--
(1) Chapter 169 of title 10, United States Code, is amended
as follows:
(A) Paragraph (4) of section 2801(c) is amended to read as
follows:
``(4) The term `congressional defense committees' includes,
with respect to any project to be carried out by, or for the
use of, an intelligence component of the Department of
Defense--
``(A) the Permanent Select Committee on Intelligence of the
House of Representatives; and
``(B) the Select Committee on Intelligence of the
Senate.''.
(B) The following sections are amended by striking
``appropriate committees of Congress'' each place it appears
and inserting ``congressional defense committees'': sections
2803(b), 2804(b), 2805(b)(2), 2806(c)(2), 2807(b), 2807(c),
2808(b), 2809(f)(1), 2811(d), 2812(c)(1)(A), 2813(c),
2814(a)(2)(A), 2814(g)(1), 2825(b)(1), 2827(b), 2828(f),
2837(c)(2), 2853(c)(2), 2854(b), 2854a(c)(1), 2865(e)(2),
2866(c)(2), 2875(e), 2881a(d)(2), 2881a(e), 2883(f), and
2884(a).
(C) Section 2835 is amended by adding at the end the
following new subsection:
``(i) Appropriate Committees of Congress Defined.--In this
section, the term `appropriate committees of Congress' means
the congressional defense committees and, with respect to the
Coast Guard, the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.''.
(D) Section 2836 is amended by adding at the end the
following new subsection:
``(h) Appropriate Committees of Congress Defined.--In this
section, the term `appropriate committees of Congress' means
the congressional defense committees and, with respect to the
Coast Guard, the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.''.
(2) Section 2694a of such title is amended--
(A) in subsection (e), by striking ``appropriate committees
of Congress'' and inserting ``congressional defense
committees''; and
(B) in subsection (i), by striking paragraph (1) and
redesignating paragraphs (2), (3), and (4) as paragraphs (1),
(2), and (3), respectively.
(b) Amendments Relating to Definition of Base Closure
Laws.--
(1) Section 2694a(i) of title 10, United States Code, is
amended by striking paragraph (2).
(2) Paragraph (1) of section 1333(i) of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 10 U.S.C. 2701 note) is amended to read as follows:
``(1) Base closure law.--The term `base closure law' has
the meaning given such term in section 101(a)(17) of title
10, United States Code.''.
(3) Subsection (b) of section 2814 of the Military
Construction Authorization Act for Fiscal Year 1995 (division
B of Public Law 103-337; 10 U.S.C. 2687 note) is amended to
read as follows:
``(b) Base Closure Law Defined.--In this section, the term
`base closure law' has the meaning given such term in section
101(a)(17) of title 10, United States Code.''.
(4) Subsection (c) of section 3341 of title 5, United
States Code, is amended to read as follows:
``(c) For purposes of this section, the term `base closure
law' has the meaning given such term in section 101(a)(17) of
title 10.''.
(5) Chapter 5 of title 40, United States Code, is amended--
(A) in section 554(a)(1), by striking ``means'' and all
that follows and inserting ``has the meaning given that term
in section 101(a)(17) of title 10.''; and
(B) in section 572(b)(1)(B), by striking ``section
2667(h)(2)'' and inserting ``section 101(a)(17) of title
10''.
(6) The Act of November 13, 2000, entitled ``An Act to
Amend the Organic Act of Guam, and for other purposes''
(Public Law 106-504, 114 Stat. 2309) is amended by striking
paragraph (2) of section 1(c) and inserting the following new
paragraph (2):
``(2) The term `base closure law' has the meaning given
such term in section 101(a)(17) of title 10, United States
Code.''.
(c) Definition of State for Purposes of Section 2694a.--
Subsection (i) of section 2694a of title 10, United States
Code, as amended by subsections (a)(2)(B) and (b)(1), is
further amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(1) and (2), respectively; and
(2) in paragraph (2), as so redesignated, by striking ``and
the territories and possessions of the United States'' and
inserting ``, Guam, the Virgin Islands, and American Samoa''.
(d) Other Miscellaneous Corrections to Title 10, United
States Code.--Title 10, United States Code, is amended as
follows:
(1) Section 101(e)(4)(B)(ii) is amended by striking the
comma after ``bulk explosives''.
(2) Section 127b(d)(1) is amended by striking ``polices''
in the second sentence and inserting ``policies''.
(3) Section 1732 is amended--
(A) in subsection (c)--
(i) by striking ``(b)(2)(A) and (b)(2)(B)'' in paragraphs
(1) and (2) and inserting ``(b)(1)(A) and (b)(1)(B)''; and
(ii) by striking paragraph (3); and
(B) in subsection (d)(2), by striking ``(b)(2)(A)(ii)'' and
inserting ``(b)(1)(A)(ii)''.
(4) Section 2410n(b) is amended by striking ``compeititon''
in the second sentence and inserting ``competition''.
(5) Section 2507(d) is amended by striking ``section (a)''
and inserting ``subsection (a)''.
(6) Section 2665(a) is amended by striking ``under section
2664 of this title''.
(7) Section 2703(b) is amended by striking ``The terms
`unexploded ordnance', `discarded military munitions', and''
and inserting ``In this subsection, the terms `discarded
military munitions' and''.
[[Page H3973]]
(8) Section 2773a(a) is amended by inserting ``by'' after
``incorrect payment made'' in the first sentence.
(9) Section 2801(d) is amended by striking ``sections 2830
and 2835'' and inserting ``sections 2830, 2835, and 2836 of
this chapter''.
(10) Section 2881a(f) is amended by striking
``Notwithstanding section 2885 of this title, the'' and
inserting ``The''.
(11) Section 3084 is amended by striking the semicolon in
the section heading and inserting a colon.
(e) Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005.--The Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 108-375)
is amended as follows:
(1) Section 513(c)(2)(C) (118 Stat. 1881) is amended by
striking ``404(a)(4)'' and inserting ``416(a)(4)''.
(2) Section 1105(h) (118 Stat. 2075) is amended by striking
``(21 U.S.C.'' and inserting ``(20 U.S.C.''.
(f) Bob Stump National Defense Authorization Act for Fiscal
Year 2003.--The Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (Public Law 107-314) is amended as
follows:
(1) Section 314 (116 Stat. 2508) is amended--
(A) in subsection (d), by striking ``(40 U.S.C.'' and
inserting ``(42 U.S.C. ''; and
(B) in subsection (e)(2), by striking ``(40 U.S.C.'' and
inserting ``(42 U.S.C.)''.
(2) Section 635(a) (116 Stat. 2574) is amended by inserting
``the first place it appears'' after ``by striking `a claim'
''.
(g) National Defense Authorization Act for Fiscal Year
1994.--Section 1605(a)(4) of the National Defense
Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note)
is amended by striking ``Logisitics'' in the first sentence
and inserting ``Logistics''.
(h) Title 38, United States Code.--Section 8111(b)(1) of
title 38, United States Code, is amended by inserting ``of
1993'' after ``the Government Performance and Results Act''.
SEC. 1047. DELETION OF OBSOLETE DEFINITIONS IN TITLES 10 AND
32, UNITED STATES CODE.
(a) Deleting Obsolete Definition of ``Territory'' in Title
10.--Title 10, United States Code, is amended as follows:
(1) Section 101(a) is amended by striking paragraph (2).
(2) The following sections are amended by striking the
terms ``Territory or'', ``or Territory'', ``a Territorial
Department,'', ``or a Territory'', ``Territory and'', ``its
Territories,'', and ``and Territories'' each place they
appear: sections 101(a)(3), 332, 822, 1072, 1103, 2671, 3037,
5148, 8037, 8074, 12204, and 12642.
(3) The following sections are amended by striking the
terms ``Territory,'' and ``Territories,'' each place they
appear: sections 849, 858, 888, 2668, 2669, 7545, and 9773.
(4) Section 808 is amended by striking ``Territory,
Commonwealth, or possession,'' and inserting ``Commonwealth,
possession,''.
(5) The following sections are amended are by striking
``Territories, Commonwealths, or possessions'' each place it
appears and inserting ``Commonwealths or possessions'':
sections 846, 847, 2734, 3062, 3074, 4747, 4778, 5986, 7652,
7653, 8062, 9778, and 12406.
(6) The following sections are amended by striking
``Territories, Commonwealths, and possessions'' each place it
appears and inserting ``Commonwealths and possessions'':
sections 3062, 3074, 4747, 4778, 8062, and 9778.
(7) Section 312 is amended by striking ``States and
Territories, and Puerto Rico'' and inserting ``States, the
Commonwealth of Puerto Rico, Guam, and the Virgin Islands''.
(8) Section 335 is amended by striking ``the unincorporated
territories of''.
(9) Sections 4301 and 9301 are amended by striking ``State
or Territory, Puerto Rico, or the District of Columbia'' each
place it appears and inserting ``State, the Commonwealth of
Puerto Rico, the District of Columbia, Guam, or the Virgin
Islands''.
(10) Sections 4685 and 9685 are amended by striking ``State
or Territory concerned'' each place it appears and inserting
``State concerned or Guam or the Virgin Islands'' and by
striking ``State and Territorial'' each place it appears and
inserting ``State, Guam, and the Virgin Islands''.
(11) Section 7851 is amended by striking ``States, the
Territories, and the District of Columbia'' and inserting
``States, the District of Columbia, Guam, and the Virgin
Islands''.
(12) Section 7854 is amended by striking ``any State, any
Territory, or the District of Columbia'' and inserting ``any
State, the District of Columbia, Guam, or the Virgin
Islands''.
(b) Deleting Obsolete Definition of ``Territory'' in Title
32.--Title 32, United States Code, is amended as follows:
(1) Paragraph (1) of section 101 is amended to read as
follows:
``(1) For purposes of other laws relating to the militia,
the National Guard, the Army National Guard of the United
States, and the Air National Guard of the United States, the
term `Territory' includes Guam and the Virgin Islands.''.
(2) Sections 103, 104(c), 314, 315, 708(d), and 711 are
amended by striking ``State and Territory, Puerto Rico and
the District of Columbia'' and ``State or Territory, Puerto
Rico, and the District of Columbia'' each place they appear
and inserting ``State, the Commonwealth of Puerto Rico, the
District of Columbia, Guam, and the Virgin Islands''.
(3) Sections 104(d), 107, 109, 503, 703, 704, 710, and 712
are amended by striking ``State or Territory, Puerto Rico or
the District of Columbia'' and ``State or Territory, Puerto
Rico, the Virgin Islands or the District of Columbia'' each
place they appear and inserting ``State, the Commonwealth of
Puerto Rico, the District of Columbia, Guam, or the Virgin
Islands''.
(4) Sections 104(a), 505, 702(a), and 708(a) are amended by
striking ``State or Territory and Puerto Rico'' and ``State
or Territory, Puerto Rico'' each place they appear and
inserting ``State, the Commonwealth of Puerto Rico, Guam, and
the Virgin Islands''.
(5) Section 324 is amended by striking ``State or Territory
of whose National Guard he is a member, or by the laws of
Puerto Rico, or the District of Columbia, if he is a member
of its National Guard'' and inserting ``State of whose
National Guard he is a member, or by the laws of the
Commonwealth of Puerto Rico, or the District of Columbia,
Guam, or the Virgin Islands, whose National Guard he is a
member''.
(6) Section 325 is amended by striking ``State or
Territory, or of Puerto Rico'' and ``State or Territory or
Puerto Rico'' each place they appear and inserting ``State,
or of the Commonwealth of Puerto Rico, Guam, or the Virgin
Islands''.
(7) Sections 326, 327, and 501 are amended by striking
``States and Territories, Puerto Rico, and the District of
Columbia'' each place it appears and inserting ``States, the
Commonwealth of Puerto Rico, the District of Columbia, Guam,
and the Virgin Islands''.
TITLE XI--CIVILIAN PERSONNEL MATTERS
1101. Extension of eligibility to continue Federal employee health
benefits.
1102. Extension of Department of Defense voluntary reduction in force
authority.
1103. Extension of authority to make lump sum severence payments.
1104. Authority for heads of agencies to allow shorter length of
required service by Federal employees after completion of
training.
1105. Authority to waive annual limitation on total compensation paid
to Federal civilian employees.
1106. Transportation of family members incident to repatriation of
Federal employees held captive.
1107. Permanent extension of Science, Mathematics, and Research for
Transformation (SMART) Defense Scholarship Program.
SEC. 1101. EXTENSION OF ELIGIBILITY TO CONTINUE FEDERAL
EMPLOYEE HEALTH BENEFITS.
Section 8905a(d)(4)(B) of title 5, United States Code, is
amended--
(1) in clause (i), by striking ``October 1, 2006'' and
inserting ``October 1, 2010''; and
(2) in clause (ii)--
(A) by striking ``February 1, 2007'' and inserting
``February 1, 2011''; and
(B) by striking ``October 1, 2006'' and inserting ``October
1, 2010''.
SEC. 1102. EXTENSION OF DEPARTMENT OF DEFENSE VOLUNTARY
REDUCTION IN FORCE AUTHORITY.
Section 3502(f)(5) of title 5, United States Code, is
amended by striking ``September 30, 2005'' and inserting
``September 30, 2010''.
SEC. 1103. EXTENSION OF AUTHORITY TO MAKE LUMP SUM SEVERENCE
PAYMENTS.
Section 5595(i)(4) of title 5, United States Code, is
amended by striking ``October 1, 2006'' and inserting
``October 1, 2010''.
SEC. 1104. AUTHORITY FOR HEADS OF AGENCIES TO ALLOW SHORTER
LENGTH OF REQUIRED SERVICE BY FEDERAL EMPLOYEES
AFTER COMPLETION OF TRAINING.
Section 4108 of title 5, United States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d);
(2) by striking ``subsection (b)'' in subsection (d) (as so
redesignated) and inserting ``subsection (c)''; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) The head of an agency that authorized training for an
employee may require a period of service for the employee
that is shorter than the period required under subsection
(a)(1) if the head of the agency determines it is in the best
interests of the agency to require a shorter period. ''.
SEC. 1105. AUTHORITY TO WAIVE ANNUAL LIMITATION ON TOTAL
COMPENSATION PAID TO FEDERAL CIVILIAN
EMPLOYEES.
(a) Waiver Authority.--During 2006 and notwithstanding
section 5547 of title 5, United States Code, the head of an
executive agency may waive, subject to subsection (b), the
limitation established in that section for total compensation
(including limitations on the aggregate of basic pay and
premium pay payable in a calendar year) of an employee who
performs work while in an overseas location that is in the
area of responsibility of the commander of the United States
Central Command, in direct support of or directly related to
a military operation (including a contingency operation as
defined in section 101(13) of title 10, United States Code).
(b) $200,000 Maximum Total Compensation.--The total
compensation of an employee whose pay is covered by a waiver
under subsection (a) may not exceed $200,000 in a calendar
year.
(c) Additional Pay not Considered Basic Pay.--To the extent
that a waiver under subsection (a) results in payment of
additional premium pay of a type that is normally creditable
as basic pay for retirement or any other purpose, such
additional pay--
(1) shall not be considered to be basic pay for any
purpose; and
(2) shall not be used in computing a lump sum payment for
accumulated and accrued annual leave under section 5551 of
title 5, United States Code.
[[Page H3974]]
SEC. 1106. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO
REPATRIATION OF FEDERAL EMPLOYEES HELD CAPTIVE.
(a) Allowances Authorized.--Chapter 57 of title 5, United
States Code, is amended by adding at the end the following
new section:
``Sec. 5760. Travel and transportation allowances:
transportation of family members incident to repatriation
of employees held captive
``(a) Allowances Authorized.--(1) The head of an agency may
provide the travel and transportation allowances described in
subsection (c) to not more than three family members of an
employee as defined in section 2105 of this title who--
``(A) was held captive, as determined by the head of the
agency, and
``(B) is repatriated to a site in or outside the United
States.
``(2) In circumstances determined to be appropriate by the
head of the agency concerned, the head of the agency may
waive the limitation on the number of family members provided
travel and transportation allowances under this section.
``(b) Eligible Persons.--(1) In this section, the term
`family member' has the meaning given that term in section
411h(b) of title 37.
``(2) The head of an agency may also provide such travel
and transportation allowances to an attendant who accompanies
a family member if the head of the agency determines that--
``(A) the family member is unable to travel unattended
because of age, physical condition, or other justifiable
reason; and
``(B) no other family member who is receiving the
allowances under this section is able to serve as an
attendant for the family member.
``(3) If no family member is able to travel to the
repatriation site, the head of the agency concerned may
provide the travel and transportation allowances to not more
than two persons who are related to the member (but who do
not satisfy the definition of family member) and are selected
by the member.
``(c) Allowances Described.--(1) The transportation
authorized by subsection (a) is round-trip transportation
between--
``(A) the home of the family member (or the home of an
attendant or other person provided transportation pursuant to
paragraph (2) or (3) of subsection (b)); and
``(B) the location of the repatriation site or other
location determined to be appropriate by the head of the
agency concerned.
``(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 under section 404(d) of title
37.
``(d) Provision of Allowances.--(1) The transportation
authorized by subsection (a) may be provided by any of the
following means:
``(A) Transportation in-kind.
``(B) A monetary allowance in place of transportation in-
kind at a rate to be prescribed by the heads of the agencies
concerned.
``(C) Reimbursement for the commercial cost of
transportation.
``(2) An allowance payable under this subsection may be
paid in advance.
``(3) Reimbursement payable under this subsection may not
exceed the cost of government-procured commercial round-trip
air travel.
``(e) Regulations.--The heads of the agencies concerned
shall prescribe uniform regulations to carry out this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 57 of title 5, United States Code, is
amended by adding at the end the following new item:
``5760. Travel and transportation allowances: transportation of family
members incident to repatriation of employees held
captive.''.
SEC. 1107. PERMANENT EXTENSION OF SCIENCE, MATHEMATICS, AND
RESEARCH FOR TRANSFORMATION (SMART) DEFENSE
SCHOLARSHIP PROGRAM.
(a) Permanent Extension.--Section 1105 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat. 2074; 10 U.S.C. 2192
note) is amended--
(1) by striking ``pilot'' each place it appears in the
section and subsection headings and the text;
(2) in subsection (a)--
(A) by striking ``(1)''; and
(B) by striking paragraph (2); and
(3) in subsection (b)--
(A) in paragraph (1)(B), by striking ``undergraduate'' and
inserting ``associates degree, undergraduate degree,''; and
(B) by adding at the end the following new paragraph:
``(3) Financial assistance provided under a scholarship
awarded under this section may be paid directly to the
recipient of such scholarship or to an administering entity
for disbursement of the funds.''.
(b) Codification.--
(1) Amendment to title 10.--Chapter 111 of title 10, United
States Code, is amended--
(A) by inserting after section 2192 the following:
``Sec. 2192a. Science, Mathematics, and Research for
Transformation (SMART) Defense Scholarship Program''; and
(B) by transferring and inserting the text of 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), as amended by subsection (a), so as to
appear below the section heading for section 2192a, as added
by subparagraph (A).
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2192 the following new item:
``2192a. Science, Mathematics, and Research for Transformation (SMART)
Defense Scholarship Program.''.
(c) Conforming Amendment.--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 by striking subsections (a), (b), (c), (d),
(e), (f), and (h).
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
1201. Extension of humanitarian and civic assistance provided to host
nations in conjunction with military operations.
1202. Commanders' Emergency Response Program.
1203. Military educational exchanges between senior officers and
officials of the United States and Taiwan.
1204. Modification of geographic restriction under bilateral and
regional cooperation programs for payment of certain
expenses of defense personnel of developing countries.
1205. Authority for Department of Defense to enter into acquisition
and cross-servicing agreements with regional
organizations of which the United States is not a member.
1206. Two-year extension of authority for payment of certain
administrative services and support for coalition liaison
officers.
Subtitle B--Nonproliferation Matters and Countries of Concern
1211. Report on acquisition by Iran of nuclear weapons.
1212. Procurement sanctions against foreign persons that transfer
certain defense articles and services to the People's
Republic of China.
1213. Prohibition on procurements from Communist Chinese military
companies.
Subtitle C--Other Matters
1221. Purchase of weapons overseas for force protection purposes.
1222. Requirement for establishment of certain criteria applicable to
on-going Global Posture Review.
Subtitle A--Assistance and Training
SEC. 1201. EXTENSION OF HUMANITARIAN AND CIVIC ASSISTANCE
PROVIDED TO HOST NATIONS IN CONJUNCTION WITH
MILITARY OPERATIONS.
(a) Limitation on Amount of Assistance for Clearance of
Landmines, Etc.--Subsection (c)(3) of section 401 of title
10, United States Code is amended by striking ``$5,000,000''
and inserting ``$10,000,000''.
(b) Extension and Clarification of Types of Health Care
Authorized.--Subsection (e)(1) of such section is amended--
(1) by inserting ``surgical,'' before ``dental,'' both
places it appears; and
(2) by inserting ``, including education, training, and
technical assistance related to the care provided'' before
the period at the end.
SEC. 1202. COMMANDERS' EMERGENCY RESPONSE PROGRAM.
(a) Fiscal Year 2006 Authority.--During fiscal year 2006,
from funds made available to the Department of Defense for
operation and maintenance pursuant to title XV, not to exceed
$500,000,000 may be used by the Secretary of Defense to
provide funds--
(1) for the Commanders' Emergency Response 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; 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, 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 stated in subsection (a).
(c) Limitation on Use of Funds.--Funds authorized for the
Commanders' Emergency Response Program by this section may
not be used to provide goods, services, or funds to national
armies, national guard forces, border security forces, civil
defense forces, infrastructure protection forces, highway
patrol units, police, special police, or intelligence or
other security forces.
(d) Secretary of Defense Guidance.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall issue to the commander of the United States
Central Command detailed guidance concerning the types of
activities for which United States military commanders in
Iraq may use funds under the Commanders' Emergency Response
Program to respond to urgent relief and reconstruction
requirements and the terms under which such funds may be
expended. The Secretary shall simultaneously provide a copy
of that guidance to the congressional defense committees.
SEC. 1203. MILITARY EDUCATIONAL EXCHANGES BETWEEN SENIOR
OFFICERS AND OFFICIALS OF THE UNITED STATES AND
TAIWAN.
(a) Defense Exchanges.--The Secretary of Defense shall
undertake a program of senior military officer and senior
official exchanges with Taiwan designed to improve Taiwan's
defenses against the People's Liberation Army of the People's
Republic of China.
[[Page H3975]]
(b) Exchanges Described.--For the purposes of this section,
the term ``exchange'' means an activity, exercise, event, or
observation opportunity between Armed Forces personnel or
Department of Defense officials of the United States and
armed forces personnel and officials of Taiwan.
(c) Focus of Exchanges.--The senior military officer and
senior official exchanges undertaken pursuant to subsection
(a) shall include exchanges focused on the following,
especially as they relate to defending Taiwan against
potential submarine attack and potential missile attack:
(1) Threat analysis.
(2) Military doctrine.
(3) Force planning.
(4) Logistical support.
(5) Intelligence collection and analysis.
(6) Operational tactics, techniques, and procedures.
(d) Civil-Military Affairs.--The senior military officer
and senior official exchanges undertaken pursuant to
subsection (a) shall include activities and exercises focused
on civil-military relations, including parliamentary
relations.
(e) Location of Exchanges.--The senior military officer and
senior official exchanges undertaken pursuant to subsection
(a) shall be conducted in both the United States and Taiwan.
(f) Definitions.--For purposes of this section:
(1) The term ``senior military officer'' means a general or
flag officer of the Armed Forces on active duty.
(2) The term ``senior official'' means a civilian official
of the Department of Defense at the level of Deputy Assistant
Secretary of Defense or above.
SEC. 1204. MODIFICATION OF GEOGRAPHIC RESTRICTION UNDER
BILATERAL AND REGIONAL COOPERATION PROGRAMS FOR
PAYMENT OF CERTAIN EXPENSES OF DEFENSE
PERSONNEL OF DEVELOPING COUNTRIES.
Section 1051(b)(1) of title 10, United States Code, is
amended--
(1) by inserting ``to and'' after ``in connection with
travel''; and
(2) by striking ``in which the developing country is
located'' and inserting ``in which the meeting for which
expenses are authorized is located''.
SEC. 1205. AUTHORITY FOR DEPARTMENT OF DEFENSE TO ENTER INTO
ACQUISITION AND CROSS-SERVICING AGREEMENTS WITH
REGIONAL ORGANIZATIONS OF WHICH THE UNITED
STATES IS NOT A MEMBER.
Subchapter I of chapter 138 of title 10, United States
Code, is amended by striking ``of which the United States is
a member'' in sections 2341(1), 2342(a)(1)(C), and
2344(b)(4).
SEC. 1206. TWO-YEAR EXTENSION OF AUTHORITY FOR PAYMENT OF
CERTAIN ADMINISTRATIVE SERVICES AND SUPPORT FOR
COALITION LIAISON OFFICERS.
Section 1051a(e) of title 10, United States Code, is
amended by striking ``September 30, 2005'' and inserting
``September 30, 2007''.
Subtitle B--Nonproliferation Matters and Countries of Concern
SEC. 1211. REPORT ON ACQUISITION BY IRAN OF NUCLEAR WEAPONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Iran Nonproliferation Act of 2000 (Public Law 106-
178) has been a critical tool in preventing the spread of
weapons of mass destruction and their associated delivery
systems to Iran;
(2) the prevention of the development by Iran of weapons of
mass destruction and their associated delivery systems
remains the paramount policy goal of the United States with
respect to matters associated with Iran; and
(3) the Iran Nonproliferation Act of 2000 should not be
weakened by creating exceptions to requirements of such Act
that are intended to serve lesser policy priorities.
(b) Report.--Not later than nine months after the date of
the enactment of this Act, the Secretary of Defense and
Chairman of the Joint Chiefs of Staff shall submit to
Congress a report that examines the strategic and military
implications of the acquisition by Iran of nuclear weapons
during the five-year period beginning on the date of the
enactment of this Act. The report shall include the
following:
(1) An assessment of the acquisition by Iran of nuclear
weapons on the balance of power among states within the area
of responsibility of the United States Central Command.
(2) A description of the active and passive defense systems
of the United States that may be able to counter such nuclear
weapons based on the future-years defense program under
section 221 of title 10, United States Code, extant at the
time of the fiscal year 2005 defense budget request.
(3) A description of the military capabilities that the
United States possesses that would enable it to deal with the
potential acquisition and use of nuclear weapons by Iran
within the area of responsibility of the United States
Central Command.
(4) An assessment of Iran's ability to deliver and detonate
nuclear weapons outside of the area of responsibility of the
United States Central Command.
(5) A summary of the entities that have provided
technology, knowledge, or assistance useful in the efforts of
Iran to develop weapons of mass destruction or their
associated delivery systems during the ten-year period ending
on the date of the enactment of this Act.
(c) Form.--The report described in subsection (b) shall be
submitted in unclassified form as appropriate, with a
classified annex as necessary.
SEC. 1212. PROCUREMENT SANCTIONS AGAINST FOREIGN PERSONS THAT
TRANSFER CERTAIN DEFENSE ARTICLES AND SERVICES
TO THE PEOPLE'S REPUBLIC OF CHINA.
(a) Declaration of Policy.--Congress declares that it is
the policy of the United States to deny the People's Republic
of China such defense goods and defense technology that could
be used to threaten the United States or undermine the
security of Taiwan or the stability of the Western Pacific
region.
(b) Procurement Sanction.--(1) The Secretary of Defense may
not procure, by contract or otherwise, any goods or services
from--
(A) any foreign person the Secretary of Defense determines
has, with actual knowledge, on or after the date of the
enactment of this Act, exported, transferred, or otherwise
provided to governmental or nongovernmental entities of the
People's Republic of China any item or class of items on the
United States Munitions List (or any item or class of items
that are identical, substantially identical, or directly
competitive to an item or class of items on the United States
Munitions List); or
(B) any foreign person the Secretary of Defense
determines--
(i) is a successor entity to a person referred to in
paragraph (1);
(ii) is a parent or subsidiary of a person referred to in
paragraph (1); or
(iii) is an affiliate of a person referred to in paragraph
(1) if that affiliate is controlled in fact by such person.
(2) The prohibition under paragraph (1) with respect to a
foreign person shall last for a period of five years after a
determination is made by the Secretary of Defense with
respect to that person under paragraph (1)(A).
(c) Public Availability of List of Sanctioned Persons.--(1)
The Secretary of Defense shall annually publish in the
Federal Register a current list of any foreign persons
sanctioned under subsection (b). The removal of foreign
persons from, and the addition of foreign persons to, the
list shall also be so published.
(2) The Secretary shall maintain the list published under
paragraph (1) on the Internet website of the Department of
Defense.
(d) Removal From List of Sanctioned Persons.--The Secretary
of Defense may remove a person from the list of sanctioned
persons referred to in subsection (c) only after the five-
year prohibition period imposed under subsection (b) with
respect to the person has expired.
(e) Exceptions.--(1) Subsection (b) shall not apply--
(A) to contracts, or subcontracts under such contracts, in
existence on the date of the enactment of this Act, including
options under such contracts;
(B) if the Secretary of Defense determines in writing that
the person to which the sanctions would otherwise be applied
is a sole source supplier of the goods or services being
procured, that the goods or services are essential, and that
alternative sources are not readily or reasonably available;
(C) in the case of a contract for routine servicing and
maintenance, if the Secretary of Defense determines in
writing alternative sources for performing the contract are
not readily or reasonably available; or
(D) if the Secretary of Defense determines in writing that
goods or services proposed to be procured under the contract
are essential to the national security of the United States.
(2) Determinations under paragraph (1) shall be published
in the Federal Register.
(f) Definitions.--In this section:
(1) The term ``foreign person'' has the meaning given the
term in section 14 of the Iran and Libya Sanctions Act of
1996 (50 U.S.C. 1701 note).
(2) The term ``United States Munitions List'' means the
list referred to in section 38(a)(1) of the Arms Export
Control Act (22 U.S.C. 2778(a)(1)).
SEC. 1213. PROHIBITION ON PROCUREMENTS FROM COMMUNIST CHINESE
MILITARY COMPANIES.
(a) Prohibition.--The Secretary of Defense may not procure
goods or services, through a contract or any subcontract (at
any tier) under a contract, from any Communist Chinese
military company.
(b) Definition.--In this section, the term ``Communist
Chinese military company'' has the meaning provided that term
by section 1237(b)(4) of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note).
Subtitle C--Other Matters
SEC. 1221. PURCHASE OF WEAPONS OVERSEAS FOR FORCE PROTECTION
PURPOSES.
(a) Purchases in Countries in Which Combat Operations Are
Ongoing.--
(1) Force protection purchases.--Chapter 3 of title 10,
United States Code, is amended by inserting after section
127b the following new section:
``Sec. 127c. Purchase of weapons overseas: force protection
``(a) Authority.--When elements of the armed forces are
engaged in ongoing military operations in a country, the
Secretary of Defense may, for the purpose of protecting
United States forces in that country, purchase weapons from
any foreign person, foreign government, international
organization, or other entity located in that country.
``(b) Limitation.--The total amount expended during any
fiscal year for purchases under this section may not exceed
$15,000,000.
``(c) Annual Congressional Report.--Not later than 30 days
after the end of each fiscal year during which the authority
under subsection (a) is used, the Secretary of Defense shall
submit to the congressional defense committees a report on
the use of that authority during that fiscal year. Each such
report shall include the following:
[[Page H3976]]
``(1) The number and type of weapons purchased during that
fiscal year under subsection (a), together with the amount
spent for those weapons and the Secretary's estimate of the
fair market value of those weapons.
``(2) A description of the dispositions (if any) during
that fiscal year of weapons purchased under subsection
(a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 127b the following new item:
``127c. Purchase of weapons overseas: force protection.''.
(b) Effective Date.--Section 127c of title 10, United
States Code, as added by subsection (a), shall take effect on
October 1, 2005.
SEC. 1222. REQUIREMENT FOR ESTABLISHMENT OF CERTAIN CRITERIA
APPLICABLE TO ON-GOING GLOBAL POSTURE REVIEW.
(a) Criteria.--As part of the on-going review of overseas
basing plans being conducted within the Department of Defense
that is referred to as the ``Global Posture Review'', the
Secretary of Defense shall develop criteria for assessing,
with respect to each type of facility specified in subsection
(c), the following factors in deciding whether to seek
agreement with a foreign country to establish or maintain
such a facility in that country:
(1) The effect on strategic mobility of units deployed to
overseas locations in areas in which United States Armed
Forces have not traditionally been deployed.
(2) The cost of deploying units to areas referred to in
paragraph (1) on a rotational basis (rather than on a
permanent basing basis).
(3) The strategic benefit of rotational deployments through
countries with which the United States is developing a close
or new security relationship.
(4) The relative speed and complexity of conducting
negotiations with a particular country.
(5) The appropriate and available funding mechanisms for
changes to specific Main Operating Bases, Forward Operating
Bases, or Cooperative Security Locations.
(6) The effect on military quality of life of establishing
or maintaining any of such types of facilities.
(7) Other criteria as Secretary of Defense determines
appropriate.
(b) Analysis of Alternatives to Basing or Operating
Locations.--The Secretary of Defense shall develop a
mechanism for analyzing alternatives to any particular
overseas basing or operating location. Such a mechanism shall
incorporate the factors specified in paragraphs (1) through
(4) of subsection (a).
(c) Minimal Infrastructure Requirements for Overseas
Installations.--The Secretary of Defense shall develop a
template of minimal infrastructure requirements for each of
the following types of facilities:
(1) Facilities categorized as Main Operating Bases.
(2) Facilities categorized as Forward Operating Bases.
(3) Facilities categorized as Cooperative Security
Locations.
(d) Consultation With Senior Military Officers.--The
Secretary of Defense shall carry out subsections (a), (b),
and (c) in consultation with the Chairman of the Joint Chiefs
of Staff and the commanders of the regional combatant
commands.
(e) Annual Budget Element.--The Secretary of Defense shall
provide to Congress, as an element of the annual budget
request of the Secretary, information regarding the funding
sources for changes to individual Main Operating Bases,
Forward Operating Bases, or Cooperative Security Locations.
(f) Report.--Not later than March 30, 2006, the Secretary
of Defense shall submit to Congress a report on the matters
specified in subsections (a) through (c).
TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER
SOVIET UNION
1301. Specification of Cooperative Threat Reduction programs and funds.
1302. Funding allocations.
1303. Authority to obligate weapons of mass destruction proliferation
prevention funds for nuclear weapons storage security.
1304. Extension of limited waiver of restrictions on use of funds for
threat reduction in states of the former Soviet Union.
1305. Report on elimination of impediments to nuclear threat-reduction
and nonproliferation programs in the Russian Federation.
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 chemical weapons destruction in Russia,
$108,500,000.
(6) For biological weapons proliferation prevention in the
former Soviet Union, $60,849,000.
(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 (5) through (8) of subsection (a) in excess of
125 percent of the specific amount authorized for such
purpose.
SEC. 1303. AUTHORITY TO OBLIGATE WEAPONS OF MASS DESTRUCTION
PROLIFERATION PREVENTION FUNDS FOR NUCLEAR
WEAPONS STORAGE SECURITY.
(a) In General.--Subject to subsection (b), 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
the purpose listed in subsection (c)(4) of section 1302 for
the purpose listed in subsection (c)(2) of that section.
(b) Limitation.--The authority provided in subsection (a)
may be used only after--
(1) the Secretary submits to Congress notification of the
intent to do so together with a complete discussion of the
justification for doing so; and
(2) 15 days have elapsed following the date of the
notification.
SEC. 1304. EXTENSION OF LIMITED 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 (22 U.S.C. 5952 note)
is amended by adding at the end the following new subsection:
``(f) Coverage of Calendar Years.--The authority under
subsection (a) applies with respect to calendar years 2005,
2006, and 2007 in the same manner as it applies to fiscal
years. The authority under this subsection shall expire on
December 31, 2007.''.
SEC. 1305. REPORT ON ELIMINATION OF IMPEDIMENTS TO NUCLEAR
THREAT-REDUCTION AND NONPROLIFERATION PROGRAMS
IN THE RUSSIAN FEDERATION.
(a) Findings.--Congress finds that--
(1) despite the importance of programs and activities to
assist in securing nuclear weapons and fissile materials in
the states of the former Soviet Union, the effective conduct
of some programs and activities in the Russian Federation is
impeded by numerous legal and administrative disagreements
regarding a variety of issues, including issues relating to
access to sites, liability, and taxation; and
(2) it has been possible to resolve disagreements of that
nature in other republics of the former Soviet Union through
committed and high-level discussions between the United
States and those republics.
(b) Report.--Not later than November 1, 2006, the President
shall submit to Congress a report on impediments in the
states of the former Soviet Union to the effective conduct of
programs and activities of the United States relating to
securing nuclear weapons and fissile materials in those
states. The report shall--
(1) identify the impediments to the rapid, efficient, and
effective conduct of programs and activities of the
Department of Defense, the Department of State, and the
Department of Energy to assist in securing such materials in
those states, including issues relating to access to sites,
liability, and taxation; and
[[Page H3977]]
(2) describe the plans of the United States to overcome or
ameliorate such impediments, including an identification and
discussion of new models and approaches that might be used to
develop new relationships with entities in Russia capable of
assisting in removing or ameliorating those impediments, and
any congressional action that may be necessary for that
purpose.
TITLE XIV--CONTRACT DISPUTE ENHANCEMENT
Subtitle A--General provisions
1411. Definitions.
Subtitle B--Establishment of civilian and defense Boards of contract
appeals
1421. Establishment.
1422. Membership.
1423. Chairmen.
1424. Rulemaking authority.
1425. Authorization of appropriations.
Subtitle C--Functions of defense and civilian Boards of contract
appeals
1431. Contract disputes.
1432. Enhanced access for small business.
1433. Applicability to certain contracts.
Subtitle D--Transfers and transition, savings, and conforming
provisions
1441. Transfer and allocation of appropriations and personnel.
1442. Terminations and savings provisions.
1443. Contract disputes authority of Boards.
1444. References to agency Boards of contract appeals.
1445. Conforming amendments.
Subtitle E--Effective Date; Regulations and Appointment of Chairmen
1451. Effective date.
1452. Regulations.
1453. Appointment of Chairmen of Defense Board and Civilian Board.
Subtitle A--General Provisions
SEC. 1411. DEFINITIONS.
(a) In General.--The Office of Federal Procurement Policy
Act (41 U.S.C. 401 et seq.) is amended by adding at the end
the following:
``TITLE II--DISPUTE RESOLUTION
``Subtitle A--General Provisions
``SEC. 201. DEFINITIONS.
``In this title:
``(1) The term `Defense Board' means the Department of
Defense Board of Contract Appeals established pursuant to
section 8(a)(1) of the Contract Disputes Act of 1978 (41
U.S.C. 607).
``(2) The term `Civilian Board' means the Civilian Board of
Contract Appeals established pursuant to section 8(b)(1) of
the Contract Disputes Act of 1978 (41 U.S.C. 607).
``(3) The term `Board judge' means a member of the Defense
Board or the Civilian Board, as the case may be.
``(4) The term `Chairman' means the Chairman of the Defense
Board or the Civilian Board, as the case may be.
``(5) The term `Board concerned' means--
``(A) the Defense Board with respect to matters within its
jurisdiction; and
``(B) the Civilian Board with respect to matters within its
jurisdiction.
``(6) The term `executive agency'--
``(A) with respect to contract disputes under the
jurisdiction of the Defense Board, means the Department of
Defense, the Department of the Army, the Department of the
Navy, the Department of the Air Force, or the National
Aeronautics and Space Administration; and
``(B) with respect to contract disputes under the
jurisdiction of the Civilian Board, has the meaning given by
section 4(1) of this Act except that the term does not
include the Department of Defense, the Department of the
Army, the Department of the Navy, the Department of the Air
Force, the National Aeronautics and Space Administration, and
the Tennessee Valley Authority.''.
(b) Conforming Amendments.--The Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.) is further
amended--
(1) by inserting the following before section 1:
``TITLE I--FEDERAL PROCUREMENT POLICY GENERALLY'';
and
(2) in section 4, by striking out ``As used in this Act:''
and inserting in lieu thereof ``Except as otherwise
specifically provided, as used in this Act:''.
Subtitle B--Establishment of Civilian and Defense Boards of Contract
Appeals
SEC. 1421. ESTABLISHMENT.
(a) Defense Board.--Subsection (a)(1) of section 8 of the
Contract Disputes Act of 1978 (41 U.S.C. 607) is amended to
read as follows:
``(a)(1) There is established in the Department of Defense
a board of contract appeals to be known as the Department of
Defense Board of Contract Appeals.''.
(b) Civilian Board.--Subsection (b)(1) of section 8 of the
Contract Disputes Act of 1978 (41 U.S.C. 607) is amended to
read as follows:
``(b)(1) There is established in the General Services
Administration a board of contract appeals to be known as the
Civilian Board of Contract Appeals.''.
SEC. 1422. MEMBERSHIP.
The Office of Federal Procurement Policy Act (41 U.S.C. 401
et seq.), as amended by section 1411, is further amended by
adding at the end the following:
``SEC. 202. MEMBERSHIP.
``(a) Appointment.--(1)(A) The Defense Board shall consist
of judges appointed by the Secretary of Defense from a
register of applicants maintained by the Defense Board, in
accordance with rules issued by the Defense Board for
establishing and maintaining a register of eligible
applicants and selecting Defense Board judges. The Secretary
shall appoint a judge without regard to political affiliation
and solely on the basis of the professional qualifications
required to perform the duties and responsibilities of a
Defense Board judge.
``(B) The Civilian Board shall consist of judges appointed
by the Administrator for Federal Procurement Policy from a
register of applicants maintained by the Administrator, in
accordance with rules issued by the Administrator for
establishing and maintaining a register of eligible
applicants and selecting Civilian Board judges. The
Administrator shall appoint a judge without regard to
political affiliation and solely on the basis of the
professional qualifications required to perform the duties
and responsibilities of a Civilian Board judge.
``(2) The members of the Defense Board and the Civilian
Board shall be selected and appointed to serve in the same
manner as administrative law judges appointed pursuant to
section 3105 of title 5, United States Code, with an
additional requirement that such members shall have had not
fewer than five years of experience in public contract law.
``(3) Notwithstanding paragraph (2) and subject to
subsection (b), the following persons shall serve as Board
judges:
``(A) For the Defense Board, any full-time member of the
Armed Services Board of Contract Appeals serving as such on
the day before the effective date of this title.
``(B) For the Civilian Board, any full-time member of any
agency board of contract appeals other than the Armed
Services Board of Contract Appeals, the Postal Service Board
of Contract Appeals, and the board of contract appeals of the
Tennessee Valley Authority serving as such on the day before
the effective date of this title.
``(b) Removal.--Members of the Defense Board and the
Civilian Board shall be subject to removal in the same manner
as administrative law judges, as provided in section 7521 of
title 5, United States Code.
``(c) Compensation.--Compensation for the Chairman of the
Defense Board and the Chairman of the Civilian Board and all
other members of each Board shall be determined under section
5372a of title 5, United States Code.''.
SEC. 1423. CHAIRMEN.
The Office of Federal Procurement Policy Act (41 U.S.C. 401
et seq.), as amended by section 1422, is further amended by
adding at the end the following:
``SEC. 203. CHAIRMEN.
``(a) Designation.--(1)(A) The Chairman of the Defense
Board shall be designated by the Secretary of Defense to
serve for a term of five years. The Secretary shall select
the Chairman from among sitting judges each of whom has had
at least five years of service as a member of the Armed
Services Board of Contract Appeals.
``(B) The Chairman of the Civilian Board shall be
designated by the Administrator for Federal Procurement
Policy to serve for a term of five years. The Administrator
shall select the Chairman from among sitting judges each of
whom has had at least five years of service as a member of an
agency board of contract appeals other than the Armed
Services Board of Contract Appeals.
``(2) A Chairman of a Board may continue to serve after the
expiration of the Chairman's term until a successor has taken
office. A Chairman may be reappointed any number of times.
``(b) Responsibilities.--The Chairman of the Defense Board
or the Civilian Board, as the case may be, shall be
responsible on behalf of the Board for the executive and
administrative operation of the Board, including functions of
the Board with respect to the following:
``(1) The selection, appointment, and fixing of the
compensation of such personnel, pursuant to part III of title
5, United States Code, as the Chairman considers necessary or
appropriate, including a Clerk of the Board, a General
Counsel, and clerical and legal assistance for Board judges.
``(2) The supervision of personnel employed by or assigned
to the Board, and the distribution of work among such
personnel.
``(3) The operation of an Office of the Clerk of the Board,
including the receipt of all filings made with the Board, the
assignment of cases, and the maintenance of all records of
the Board.
``(4) The prescription of such rules and regulations as the
Chairman considers necessary or appropriate for the
administration and management of the Board.
``(c) Vice Chairmen.--The Chairman of the Defense Board or
the Civilian Board, as the case may be, may designate up to
two other Board judges as Vice Chairmen. The Vice Chairmen,
in the order designated by the Chairman, shall act in the
place and stead of the Chairman during the absence of the
Chairman.''.
SEC. 1424. RULEMAKING AUTHORITY.
The Office of Federal Procurement Policy Act (41 U.S.C. 401
et seq.), as amended by section 1423, is further amended by
adding at the end the following:
``SEC. 204. RULEMAKING AUTHORITY.
``Except as provided by section 1452 of the National
Defense Authorization Act for Fiscal Year 2006, the Chairman
of the Defense Board and the Chairman of the Civilian Board,
in consultation with the Administrator for Federal
Procurement Policy, shall jointly issue and maintain--
``(1) such procedural rules and regulations as are
necessary to the exercise of the functions of the Boards
under section 211; and
``(2) statements of policy of general applicability with
respect to such functions.''.
SEC. 1425. AUTHORIZATION OF APPROPRIATIONS.
The Office of Federal Procurement Policy Act (41 U.S.C. 401
et seq.), as amended by section 1424, is further amended by
adding at the end the following:
[[Page H3978]]
``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for fiscal year
2006 and each succeeding fiscal year such sums as may be
necessary to carry out the provisions of this title. Funds
for the activities of each Board shall be separately
appropriated for such purpose. Funds appropriate pursuant to
this section shall remain available until expended.''.
Subtitle C--Functions of Defense and Civilian Boards of Contract
Appeals
SEC. 1431. CONTRACT DISPUTES.
The Office of Federal Procurement Policy Act (41 U.S.C. 401
et seq.), as amended by section 1425, is further amended by
adding at the end the following:
``Subtitle B--Functions of the Defense and Civilian Boards of Contract
Appeals
``SEC. 211. CONTRACT DISPUTES.
``The Defense Board shall have jurisdiction as provided by
section 8(a)(1) of the Contract Disputes Act of 1978 (41
U.S.C. 607(a)). The Civilian Board shall have jurisdiction as
provided by section 8(b)(1) of such Act (41 U.S.C.
607(b)).''.
SEC. 1432. ENHANCED ACCESS FOR SMALL BUSINESS.
Section 9(a) of the Contract Disputes Act of 1978 (41
U.S.C. 608) is amended by striking out the period at the end
of the first sentence and inserting the following: ``or, in
the case of a small business concern (as defined in the Small
Business Act and regulations under that Act), $150,000 or
less.''.
SEC. 1433. APPLICABILITY TO CERTAIN CONTRACTS.
The Office of Federal Procurement Policy Act (41 U.S.C. 401
et seq.), as amended by section 1431, is further amended by
adding at the end the following:
``SEC. 212. APPLICABILITY TO CERTAIN CONTRACTS.
``(a) Contracts at or Below the Simplified Acquisition
Threshold.--Notwithstanding section 33 of this Act, the
authority conferred on the Defense Board and the Civilian
Board by this title is applicable to contracts in amounts not
greater than the simplified acquisition threshold.
``(b) Contracts for Commercial Items.--Notwithstanding
section 34 of this Act, the authority conferred on the
Defense Board and the Civilian Board by this title is
applicable to contracts for the procurement of commercial
items.''.
Subtitle D--Transfers and Transition, Savings, and Conforming
Provisions
SEC. 1441. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND
PERSONNEL.
(a) Transfers.--
(1) Armed services board of contract appeals.--The
personnel employed in connection with, and the assets,
liabilities, contracts, property, records, and unexpended
balance of appropriations, authorizations, allocations, and
other funds employed, held, used, arising from, available to,
or to be made available in connection with the functions
vested by law in the Armed Services Board of Contract Appeals
established pursuant to section 8 of the Contract Disputes
Act of 1978 (41 U.S.C. 607) (as in effect on the day before
the effective date described in section 1451), shall be
transferred to the Department of Defense Board of Contract
Appeals for appropriate allocation by the Chairman of that
Board.
(2) Other boards of contracts appeals.--The personnel
employed in connection with, and the assets, liabilities,
contracts, property, records, and unexpended balance of
appropriations, authorizations, allocations, and other funds
employed, held, used, arising from, available to, or to be
made available in connection with the functions vested by law
in the boards of contract appeals established pursuant to
section 8 of the Contract Disputes Act of 1978 (41 U.S.C.
607) (as in effect on the day before the effective date
described in section 1451) other than the Armed Services
Board of Contract Appeals, the board of contract appeals of
the Tennessee Valley Authority, and the Postal Service Board
of Contract Appeals shall be transferred to the Civilian
Board of Contract Appeals for appropriate allocation by the
Chairman of that Board.
(b) Effect on Personnel.--Personnel transferred pursuant to
this subtitle shall not be separated or reduced in
compensation for one year after such transfer, except for
cause.
(c) Regulations.--(1) The Department of Defense Board of
Contract Appeals and the Civilian Board of Contract Appeals
shall each prescribe regulations for the release of competing
employees in a reduction in force that gives due effect to--
(A) efficiency or performance ratings;
(B) military preference; and
(C) tenure of employment.
(2) In prescribing the regulations, the Board concerned
shall provide for military preference in the same manner as
set forth in subchapter I of chapter 35 of title 5, United
States Code.
SEC. 1442. TERMINATIONS AND SAVINGS PROVISIONS.
(a) Termination of Boards of Contract Appeals.--Effective
on the effective date described in section 1451, the boards
of contract appeals established pursuant to section 8 of the
Contract Disputes Act of 1978 (41 U.S.C. 607) (as in effect
on the day before such effective date), other than the board
of contract appeals of the Tennessee Valley Authority and the
Postal Service Board of Contract Appeals, shall terminate.
(b) Savings Provision for Contract Dispute Matters Pending
Before Boards.--(1) This title and the amendments made by
this title shall not affect any proceedings pending on the
effective date described in section 1451 before any board of
contract appeals terminated by subsection (a).
(2) In the case of any such proceedings pending before the
Armed Services Board of Contract Appeals, the proceedings
shall be continued by the Department of Defense Board of
Contract Appeals, and orders which were issued in any such
proceeding by the Armed Services Board of Contract Appeals
shall continue in effect until modified, terminated,
superseded, or revoked by the Department of Defense Board of
Contract Appeals, by a court of competent jurisdiction, or by
operation of law.
(3) In the case of any such proceedings pending before an
agency board of contract appeals other than the Armed
Services Board of Contract Appeals or the board of contract
appeals of the Tennessee Valley Authority, the proceedings
shall be continued by the Civilian Board of Contract Appeals,
and orders which were issued in any such proceeding by the
agency board shall continue in effect until modified,
terminated, superseded, or revoked by the Civilian Board of
Contract Appeals, by a court of competent jurisdiction, or by
operation of law.
SEC. 1443. CONTRACT DISPUTES AUTHORITY OF BOARDS.
(a) Section 2 of the Contract Disputes Act of 1978 (41
U.S.C. 601) is amended--
(1) in paragraph (2), by striking out ``, the United States
Postal Service, and the Postal Rate Commission'';
(2) by redesignating paragraph (7) as paragraph (9);
(3) by amending paragraph (6) to read as follows:
``(6) the terms `agency board' or `agency board of contract
appeals' mean--
``(1) the Department of Defense Board of Contract Appeals
established under section 8(a)(1) of this Act;
``(2) the Civilian Board of Contract Appeals established
under section 8(b)(1) of this Act;
``(3) the board of contract appeals of the Tennessee Valley
Authority; or
``(4) the Postal Service Board of Contract Appeals
established under section 8(h) of this Act;''; and
(4) by inserting after paragraph (6) the following new
paragraphs:
``(7) the term `Defense Board' means the Department of
Defense Board of Contract Appeals established under section
8(a)(1) of this Act;
``(8) the term `Civilian Board' means the Civilian Board of
Contract Appeals established under section 8(b)(1) of this
Act; and''.
(b) Section 8 of the Contract Disputes Act of 1978 (41
U.S.C. 607), as amended by section 1421, is further amended--
(1) by striking out subsection (c);
(2) in subsection (d)--
(A) by striking out the first sentence and inserting in
lieu thereof the following: ``The Defense Board shall have
jurisdiction to decide any appeal from a decision of a
contracting officer of the Department of Defense, the
Department of the Army, the Department of the Navy, the
Department of the Air Force, or the National Aeronautics and
Space Administration relative to a contract made by that
department or agency. The Civilian Board shall have
jurisdiction to decide any appeal from a decision of a
contracting officer of any executive agency (other than the
Department of Defense, the Department of the Army, the
Department of the Navy, the Department of the Air Force, the
National Aeronautics and Space Administration, the United
States Postal Service, the Postal Rate Commission, or the
Tennessee Valley Authority) relative to a contract made by
that agency. Each other agency board shall have jurisdiction
to decide any appeal from a decision of a contracting officer
relative to a contract made by its agency.''; and
(B) in the second sentence, by striking out ``Claims
Court'' and inserting in lieu thereof ``Court of Federal
Claims'';
(3) by striking out subsection (h) and inserting in lieu
thereof the following:
``(h) There is established an agency board of contract
appeals to be known as the `Postal Service Board of Contract
Appeals'. Such board shall have jurisdiction to decide any
appeal from a decision of a contracting officer of the United
States Postal Service or the Postal Rate Commission relative
to a contract made by either agency. Such board shall consist
of judges appointed by the Postmaster General who shall meet
the qualifications of and serve in the same manner as judges
of the Civilian Board of Contract Appeals. This Act and title
II of the Office of Federal Procurement Policy Act shall
apply to contract disputes before the Postal Service Board of
Contract Appeals in the same manner as they apply to contract
disputes before the Civilian Board.''; and
(4) by striking out subsection (i).
SEC. 1444. REFERENCES TO AGENCY BOARDS OF CONTRACT APPEALS.
(a) Defense Board.--Any reference to the Armed Services
Board of Contract Appeals in any provision of law or in any
rule, regulation, or other paper of the United States shall
be treated as referring to the Department of Defense Board of
Contract Appeals.
(b) Civilian Board.--Any reference to an agency board of
contract appeals other than the Armed Services Board of
Contract Appeals, the board of contract appeals of the
Tennessee Valley Authority, or the Postal Service Board of
Contract Appeals in any provision of law or in any rule,
regulation, or other paper of the United States shall be
treated as referring to the Civilian Board of Contract
Appeals.
SEC. 1445. CONFORMING AMENDMENTS.
(a) Title 5.--Section 5372a(a)(1) of title 5, United States
Code, is amended by inserting after ``of 1978'' the
following: ``or a member of the Department of Defense Board
of Contract Appeals or the Civilian Board of Contract Appeals
appointed under section 202 of the Office of Federal
Procurement Policy Act''.
[[Page H3979]]
(b) Office of Federal Procurement Policy Act.--
(1) The table of contents for the Office of Federal
Procurement Policy Act (contained in section 1(b)) is amended
by inserting the following before the item relating to
section 1:
``TITLE I--FEDERAL PROCUREMENT POLICY GENERALLY''.
(2) The table of contents for the Office of Federal
Procurement Policy Act (contained in section 1(b)) is amended
by adding at the end the following:
``TITLE II--DISPUTE RESOLUTION
``Subtitle A--General provisions
``201. Definitions.
``202. Membership.
``203. Chairmen.
``204. Rulemaking authority.
``205. Authorization of appropriations.
``Subtitle B--Functions of the defense and civilian Boards of contract
appeals
``211. Contract disputes.
``212. Applicability to certain contracts.''.
Subtitle E--Effective Date; Regulations and Appointment of Chairmen
SEC. 1451. EFFECTIVE DATE.
Title II of the Office of Federal Procurement Policy Act,
as added by this title, and the amendments and repeals made
by this title shall take effect 1 year after the date of the
enactment of this Act.
SEC. 1452. REGULATIONS.
(a) Regulations Regarding Claims.--Not later than 1 year
after the date of the enactment of this Act, the Chairman of
the Armed Services Board of Contract Appeals and the Chairman
of the General Services Board of Contract Appeals, in
consultation with the Administrator for Federal Procurement
Policy, shall jointly issue--
(1) such procedural rules and regulations as are necessary
to the exercise of the functions of the Department of Defense
Board of Contract Appeals and the Civilian Board of Contract
Appeals under sections 211 of the Office of Federal
Procurement Policy Act (as added by this title); and
(2) statements of policy of general applicability with
respect to such functions.
(b) Regulations Regarding Appointment of Judges.--Not later
than 1 year after the date of the enactment of this Act--
(1) the Chairman of the Armed Services Board of Contract
Appeals shall issue rules governing the establishment and
maintenance of a register of eligible applicants and the
selection of judges for the Department of Defense Board of
Contract Appeals; and
(2) the Administrator for Federal Procurement Policy shall
issue rules governing the establishment and maintenance of a
register of eligible applicants and the selection of judges
for the Civilian Board of Contract Appeals.
SEC. 1453. APPOINTMENT OF CHAIRMEN OF DEFENSE BOARD AND
CIVILIAN BOARD.
Notwithstanding section 1451, not later than 1 year after
the date of the enactment of this Act--
(1) the Secretary of Defense shall appoint the Chairman of
the Department of Defense Board of Contract Appeals; and
(2) the Administrator for Federal Procurement Policy shall
appoint the Chairman of the Civilian Board of Contract
Appeals.
TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI
FREEDOM AND OPERATION ENDURING FREEDOM
Subtitle A--General Increases
1501. Purpose.
1502. Army procurement.
1503. Navy and Marine Corps procurement.
1504. Defense-wide activities procurement.
1505. Research, development, test, and evaluation, defense-wide
activities.
1506. Operation and maintenance.
1507. Defense working capital funds.
1508. Defense Health Program.
1509. Military personnel.
1510. Iraq Freedom Fund.
1511. Classified programs.
1512. Treatment as additional authorizations.
1513. Transfer authority.
1514. Availability of funds.
Subtitle B--Personnel Provisions
1521. Increase in active Army and Marine Corps strength levels.
1522. Additional authority for increases of Army and Marine Corps
active duty end strengths for fiscal years 2007 through
2009.
1523. Military death gratuity enhancement.
1524. Permanent prohibition against requiring certain injured members
to pay for meals provided by military treatment
facilities.
1525. Permanent authority to provide travel and transportation
allowances for dependents to visit hospitalized members
injured in combat operation or combat zone.
1526. Permanent increase in length of time dependents of certain
deceased members may continue to occupy military family
housing or receive basic allowance for housing.
1527. Availability of special pay for members during rehabilitation
from combat-related injuries.
1528. Allowance to cover monthly deduction from basic pay for
Servicemembers' Group Life Insurance coverage for members
serving in Operation Enduring Freedom or Operation Iraqi
Freedom.
Subtitle C--Matters Involving Support Provided by Foreign Nations
1531. Reimbursement of certain coalition nations for support provided
to United States military operations.
Subtitle A--General Increases
SEC. 1501. PURPOSE.
The purpose of this title is to authorize emergency
appropriations for the Department of Defense for fiscal year
2006 to provide funds for additional costs due to Operation
Iraqi Freedom and Operation Enduring Freedom. Funds
authorized for appropriation in this title are available upon
the enactment of this Act.
SEC. 1502. ARMY PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2006 for procurement accounts of the Army in amounts as
follows:
(1) For weapons and tracked combat vehicles, $574,627,000.
(2) For ammunition, $105,700,000.
(3) For other procurement, $1,945,350,000.
SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.
(a) Navy.--Funds are hereby authorized to be appropriated
for fiscal year 2006 for procurement accounts for the Navy in
amounts as follows:
(1) For weapons procurement, $36,800,000.
(2) For other procurement, $15,300,000.
(b) Marine Corps.--Funds are hereby authorized to be
appropriated for fiscal year 2006 for procurement for the
Marine Corps in the amount of $445,400,000.
(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 $144,721,000.
SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2006 for the procurement account for Defense-wide
procurement in the amount of $103,900,000.
SEC. 1505. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION,
DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fiscal
year 2006 for the Department of Defense for research,
development, test and evaluation, Defense-wide, in the amount
of $75,000,000.
SEC. 1506. 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, $20,305,001,000.
(2) For the Navy, $1,838,000,000.
(3) For the Marine Corps, $1,791,800,000.
(4) For the Air Force, $3,195,352,000.
(5) For Defense-wide, $2,870,333,000.
(6) For the Army National Guard, $159,500,000.
(7) For the Army Reserve, $26,400,000.
SEC. 1507. DEFENSE WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2006 for the Defense Working Capital Fund in the amount
of $1,700,000,000.
SEC. 1508. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2006 for expenses, not
otherwise provided for, for the Defense Health Program in the
amount of $846,000,000, for Operation and Maintenance.
SEC. 1509. MILITARY PERSONNEL.
There is hereby authorized to be appropriated to the
Department of Defense for military personnel accounts for
fiscal year 2006 a total of $9,390,010,000.
SEC. 1510. IRAQ FREEDOM FUND.
(a) In General.--Funds are herby authorized to be
appropriated for fiscal year 2006 for the account of the Iraq
Freedom Fund in amount of $1,000,000,000, to remain available
for transfer to other accounts in this title until April 30,
2006. Amounts of authorization so transferred shall be merged
with, and be made available for, the same purposes as the
authorization to which transferred.
(b) Notice to Congress.--A transfer may be made from the
Iraq Freedom Fund only after the Secretary of Defense
notifies the congressional defense subcommittees with respect
to the proposed transfer in writing not less than five days
before the transfer is made.
SEC. 1511. CLASSIFIED PROGRAMS.
There is hereby authorized to be appropriated for fiscal
year 2006 for classified programs the amount of
$2,500,000,000.
SEC. 1512. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title
are in addition to amounts otherwise authorized to be
appropriated by this Act.
SEC. 1513. TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this title for fiscal year 2006 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
section may not exceed $3,000,000,000. The transfer authority
provided in this section is in addition to any other transfer
authority available to the Secretary of Defense.
(b) Limitations.--The authority provided by this section to
transfer authorizations--
[[Page H3980]]
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred;
(2) may not be used to provide authority for an item that
has been denied authorization by Congress; and
(3) may not be combined with the authority under section
1001.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--A transfer may be made under the
authority of this section only after the Secretary of
Defense--
(1) consults with the chairmen and ranking members of the
congressional defense committees with respect to the proposed
transfer; and
(2) after such consultation, notifies those committees in
writing of the proposed transfer not less than five days
before the transfer is made.
SEC. 1514. AVAILABILITY OF FUNDS.
Funds in this title shall be made available for obligation
to the Army, Navy, Marine Corps, Air Force, and Defense-wide
components by the end of the second quarter of fiscal year
2006.
Subtitle B--Personnel Provisions
SEC. 1521. INCREASE IN ACTIVE ARMY AND MARINE CORPS STRENGTH
LEVELS.
(a) Authorized End Strengths.--The end strength level
authorized for fiscal year 2006 under section 401--
(1) for the Army is hereby increased by 30,000; and
(2) for the Marine Corps is hereby increased by 4,000.
(b) Statutory Minimum Active Strength Levels.--
(1) Army.--The minimum strength for the Army under section
691(b) of title 10, United States Code (notwithstanding the
number specified in paragraph (1) of that section) for the
period beginning on October 1, 2005, and ending on September
30, 2006, shall be the number specified in section 401(1) of
this Act, increased by 30,000.
(2) Marine corps.--The minimum strength for the Marine
Corps under section 691(b) of title 10, United States Code
(notwithstanding the number specified in paragraph (3) of
that section) for the period beginning on October 1, 2005,
and ending on September 30, 2006, shall be the number
specified in section 401(3) of this Act, increased by 4,000.
(c) Limitation.--The authorized strengths for the Army and
Marine Corps provided in subsection (a) for active duty
personnel for fiscal year 2006 are subject to the condition
that costs of active-duty personnel of the Army and the
Marine Corps for that fiscal year in excess of 482,400 and
175,000, respectively, shall be paid out of funds
appropriated for that fiscal year for a contingent emergency
reserve fund or as an emergency supplemental appropriation.
SEC. 1522. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND
MARINE CORPS ACTIVE DUTY END STRENGTHS FOR
FISCAL YEARS 2007 THROUGH 2009.
Effective October 1, 2006, the text of section 403 of the
Ronald W. Reagan National Defense Authorization Act for
Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1863) is
amended to read as follows:
``(a) Authority.--
``(1) Army.--For each of fiscal years 2007, 2008, and 2009,
the Secretary of Defense may, as the Secretary determines
necessary for the purposes specified in paragraph (3),
establish the active-duty end strength for the Army at a
number greater than the number otherwise authorized by law up
to the number equal to the fiscal-year 2006 baseline plus
20,000.
``(2) Marine corps.--For each of fiscal years 2007, 2008,
and 2009, the Secretary of Defense may, as the Secretary
determines necessary for the purposes specified in paragraph
(3), establish the active-duty end strength for the Marine
Corps at a number greater than the number otherwise
authorized by law up to the number equal to the fiscal-year
2006 baseline plus 5,000.
``(3) Purpose of increases.--The purposes for which
increases may be made in Army and Marine Corps active duty
end strengths under paragraphs (1) and (2) are--
``(A) to support operational missions; and
``(B) to achieve transformational reorganization
objectives, including objectives for increased numbers of
combat brigades and battalions, increased unit manning, force
stabilization and shaping, and rebalancing of the active and
reserve component forces.
``(4) Fiscal-year 2006 baseline.--In this subsection, the
term `fiscal-year 2006 baseline', with respect to the Army
and Marine Corps, means the active-duty end strength
authorized for those services in section 1521 of the National
Defense Authorization Act for Fiscal Year 2006.
``(5) Active-duty end strength.--In this subsection, the
term `active-duty end strength' means the strength for
active-duty personnel of one the Armed Forces as of the last
day of a fiscal year.
``(b) Relationship to Presidential Waiver Authority.--
Nothing in this section shall be construed to limit the
President's authority under section 123a of title 10, United
States Code, to waive any statutory end strength in a time of
war or national emergency.
``(c) Relationship to Other Variance Authority.--The
authority under subsection (a) is in addition to the
authority to vary authorized end strengths that is provided
in subsections (e) and (f) of section 115 of title 10, United
States Code.
``(d) Budget Treatment.--
``(1) Fiscal year 2007 budget.--The budget for the
Department of Defense for fiscal year 2007 as submitted to
Congress shall comply, with respect to funding, with
subsections (c) and (d) of section 691 of title 10, United
States Code.
``(2) Other increases.--If the Secretary of Defense plans
to increase the Army or Marine Corps active duty end strength
for a fiscal year under subsection (a), then the budget for
the Department of Defense for that fiscal year as submitted
to Congress shall include the amounts necessary for funding
that active duty end strength in excess of the fiscal year
2006 active duty end strength authorized for that service
under section 401 of the National Defense Authorization Act
for Fiscal Year 2006.''.
SEC. 1523. MILITARY DEATH GRATUITY ENHANCEMENT.
(a) Increase in Amount.--Section 1478 of title 10, United
States Code, is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (e), respectively;
(2) by designating the second sentence of subsection (a) as
subsection (b) and by striking therein ``this purpose'' and
inserting ``the purpose of subsection (a)'';
(3) in subsection (a), by striking ``title shall be $12,000
(as adjusted under subsection (c)).'' and inserting the
following: ``title--
``(1) except as provided in paragraph (2), shall be $12,000
(as adjusted under subsection (e)); and
``(2) in the case of a death described in subsection (d),
shall be $100,000.'';
(4) by inserting after subsection (c), as redesignated by
paragraph (1), the following new subsection:
``(d) A death referred to in subsection (a)(2) is a death
resulting from wounds, injuries, or illnesses that are--
``(1) incurred as described in section 1413a(e)(2) of this
title; or
``(2) incurred in an operation designated by the Secretary
of Defense as a combat operation or in an area designated by
the Secretary as a combat zone.''; and
(5) in subsection (e), as redesignated by paragraph (1), by
striking ``subsection (a)'' and inserting ``subsection
(a)(1)''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on October 1, 2005, immediately after the
provisions of the second sentence of section 1013(e)(2) of
division A of the Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Tsunami Relief,
2005 (Public Law 109-13).
SEC. 1524. PERMANENT PROHIBITION AGAINST REQUIRING CERTAIN
INJURED MEMBERS TO PAY FOR MEALS PROVIDED BY
MILITARY TREATMENT FACILITIES.
(a) Prohibition.--Section 402 of title 37, United States
Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) No Payment for Meals Received at Military Treatment
Facilities.--(1) A member of the armed forces who is
undergoing medical recuperation or therapy, or is otherwise
in the status of continuous care, including outpatient care,
at a military treatment facility for an injury, illness, or
disease described in paragraph (2) shall not be required to
pay, during any month in which the member is entitled to a
basic allowance for subsistence under this section, any
charge for meals provided to the member by the military
treatment facility.
``(2) Paragraph (1) applies with respect to an injury,
illness, or disease incurred or aggravated by a member while
the member was serving on active duty--
``(A) in support of Operation Iraqi Freedom or Operation
Enduring Freedom; or
``(B) in any other operation designated by the Secretary of
Defense as a combat operation or in an area designated by the
Secretary as a combat zone.''.
(b) Repeal of Temporary Authority.--Section 1023 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 repealed.
(c) Effective Date.--The amendments made by this section
shall take effect on the earlier of the following:
(1) The date of the enactment of this Act.
(2) September 30, 2005.
SEC. 1525. PERMANENT AUTHORITY TO PROVIDE TRAVEL AND
TRANSPORTATION ALLOWANCES FOR DEPENDENTS TO
VISIT HOSPITALIZED MEMBERS INJURED IN COMBAT
OPERATION OR COMBAT ZONE.
(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''.
SEC. 1526. PERMANENT INCREASE IN LENGTH OF TIME DEPENDENTS OF
CERTAIN DECEASED MEMBERS MAY CONTINUE TO OCCUPY
MILITARY FAMILY HOUSING OR RECEIVE BASIC
ALLOWANCE FOR HOUSING.
Effective as of September 30, 2005, section 1022 of
division A of the Emergency Supplemental
[[Page H3981]]
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005 (Public Law 109-13), is amended--
(1) by striking ``(a)''; and
(2) by striking subsection (b).
SEC. 1527. AVAILABILITY OF SPECIAL PAY FOR MEMBERS DURING
REHABILITATION FROM COMBAT-RELATED INJURIES.
(a) Special Pay Authorized.--Chapter 5 of title 37, United
States Code, is amended by adding at the end the following
new section:
``Sec. 327. Combat-related injury rehabilitation pay
``(a) Special Pay Authorized.--The Secretary concerned may
pay monthly special pay under this section to a member of the
armed forces who incurs a combat-related injury in a combat
operation or combat zone designated by the Secretary of
Defense and is evacuated from the theater of the combat
operation or from the combat zone for medical treatment.
``(b) Commencement of Payment.--Subject to subsection (c),
the special pay authorized by subsection (a) may be paid to a
member described in such subsection for any month beginning
after the date on which the member was evacuated from the
theater of the combat operation or the combat zone in which
the member incurred the combat-related injury.
``(c) Termination of Payments.--The payment of special pay
to a member under subsection (a) shall terminate at the end
of the first month during which any of the following occurs:
``(1) The member is paid a benefit under the traumatic
injury protection rider of the Servicemembers' Group Life
Insurance Program issued under section 1980A of title 38.
``(2) The member is no longer hospitalized in a military
treatment facility or a facility under the auspices of the
military health care system.
``(d) Amount of Special Pay.--The monthly amount of special
pay paid to a member under this section shall be equal to
$430.
``(e) Relationship to Other Pay and Allowances.--Special
pay paid to a member under this section is in addition to any
other pay and allowances to which the member is entitled or
authorized to receive.
``(f) Combat-Related Disability.--In this section, the term
`combat-related injury', with respect to a member, means a
wound, injury, or illness that is incurred (as determined
using the criteria prescribed by the Secretary of Defense
under section 1413a(e)(2) of title 10) by the member--
``(1) as a direct result of armed conflict;
``(2) while engaged in hazardous service;
``(3) in the performance of duty under conditions
simulating war; or
``(4) through an instrumentality of war.''.
(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. Combat-related injury rehabilitation pay.''.
(c) Effective Date.--The Secretary of a military department
may provide special pay under section 327 of title 37, United
States Code, as added by subsection (a), for months beginning
on or after the date of the enactment of this Act. A member
of the Armed Forces who incurred a combat-related injury, as
defined in subsection (f) of such section, before the date of
the enactment of this Act may receive such pay for months
beginning on or after that date so long as the member
continues to satisfy the eligibility criteria specified in
such section.
SEC. 1528. ALLOWANCE TO COVER MONTHLY DEDUCTION FROM BASIC
PAY FOR SERVICEMEMBERS' GROUP LIFE INSURANCE
COVERAGE FOR MEMBERS SERVING IN OPERATION
ENDURING FREEDOM OR OPERATION IRAQI FREEDOM.
(a) Allowance to Cover SGLI Deductions.--Chapter 7 of title
37, United States Code, is amended by adding at the end the
following new section:
``Sec. 437. Allowance to cover monthly premium for
Servicemembers' Group Life Insurance: members serving in
Operation Enduring Freedom or Operation Iraqi Freedom
``(a) Reimbursement for Premium Deduction.--In the case of
a member of the armed forces who has obtained insurance
coverage for the member under the Servicemembers' Group Life
Insurance program under subchapter III of chapter 19 of title
38 and who serves in the theater of operations for Operation
Enduring Freedom or Operation Iraqi Freedom at any time
during a month, the Secretary concerned shall pay the member
an allowance under this section for that month in an amount
equal to the lesser of the following:
``(1) The amount of the deduction actually made for that
month from the basic pay of the member for the amount of
Servicemembers' Group Life Insurance coverage obtained by the
member under section 1967 of title 38.
``(2) The amount of the deduction otherwise made under
subsection (a)(1) of section 1969 of title 38 for members who
have in effect for themselves the maximum amount of coverage
under section 1967(a) of title 38.
``(b) Notice of Availability of Allowance.--To the maximum
extent practicable, in advance of the deployment of a member
to a theater of operations referred to in subsection (a), the
Secretary concerned shall give the member information
regarding the following:
``(1) The availability of the allowance under this section
for members insured under the Servicemembers' Group Life
Insurance program.
``(2) The ability of members who elected not to be insured
under Servicemembers' Group Life Insurance, or elected less
than the authorized maximum coverage, to obtain insurance, or
to obtain additional coverage, as the case may be, under the
authority provided in section 1967(c) of title 38.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 7 of title 37, United States Code, is
amended by adding at the end the following new item:
``437. Allowance to cover monthly premium for Servicemembers' Group
Life Insurance: members serving in Operation Enduring
Freedom or Operation Iraqi Freedom.''.
(c) Effective Date; Notification.--Section 437 of title 37,
United States Code, as added by subsection (a), shall apply
with respect to service by members of the Armed Forces in the
theater of operations for Operation Enduring Freedom or
Operation Iraqi Freedom for months beginning on or after
October 1, 2005. In the case of members who are serving in
the theater of operations for Operation Enduring Freedom or
Operation Iraqi Freedom as of the date of the enactment of
this Act, the Secretary of Defense shall provide such
members, as soon as practicable, the information specified in
subsection (b) of that section.
(d) Funding Source.--Amounts appropriated pursuant to the
authorization of appropriations in section 1509 for emergency
appropriations for military personnel accounts for the
Department of Defense for fiscal year 2006 shall be available
to the Secretary of a military department to provide the
allowance established by section 437 of title 37, United
States Code, as added by subsection (a).
Subtitle C--Matters Involving Support Provided by Foreign Nations
SEC. 1531. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
(a) Authority.--From funds made available for the
Department of Defense by this title for Defense-Wide
Operations and Maintenance, the Secretary of Defense may
reimburse any key cooperating nation for logistical and
military support provided by that nation to or in connection
with United States military operations in Iraq, Afghanistan,
and the global war on terrorism.
(b) Determinations.--Payments authorized under subsection
(a) may be made in such amounts as the Secretary of Defense,
with the concurrence of the Secretary of State and in
consultation with the Director of the Office of Management
and Budget, may determine, in the Secretary's discretion,
based on documentation determined by the Secretary of Defense
to adequately account for the support provided. Any such
determination by the Secretary of Defense shall be final and
conclusive upon the accounting officers of the United States.
To the maximum extent practicable, the Secretary shall
develop standards for determining the kinds of logistical and
military support to the United States that shall be
considered reimbursable under this section.
(c) Limitations.--
(1) Total amount.--The total amount of payments made under
the authority of this section during fiscal year 2006 may not
exceed $1,500,000,000.
(2) Prohibition on contractual obligations to make
payments.--The Secretary may not enter into any contractual
obligation to make a payment under the authority of this
section.
(d) Congressional Notifications.--The Secretary of
Defense--
(1) shall notify the congressional defense committees not
less than 15 days before making any payment under the
authority of this section; and
(2) shall submit to those committees quarterly reports on
the use of the authority under this section.
TITLE XVI--CONTRACTORS ON THE BATTLEFIELD
1601. Short title.
1602. Findings.
1603. Definitions.
1604. Requirements for commanders of combatant commands relating to
contractors accompanying and not accompanying the force.
1605. Requirements for contractors relating to possession of weapons.
1606. Battlefield accountability.
SEC. 1601. SHORT TITLE.
This title may be cited as the ``Contractors on the
Battlefield Regulatory Act''.
SEC. 1602. FINDINGS.
Congress finds the following:
(1) Contract personnel have provided invaluable services in
support of combat, humanitarian, peacekeeping, and
reconstruction operations worldwide, and they should be
recognized for their contributions, including in some
instances the loss of their lives, in support of such
operations.
(2) Contract personnel are appropriately prohibited from
performing inherently governmental functions.
(3) Contract personnel will be present on and supporting
the battlefield of tomorrow providing crucial goods and
services for military, humanitarian, peacekeeping, and
reconstruction operations.
SEC. 1603. DEFINITIONS.
In this title:
(1) Contractor accompanying the force.--
(A) In general.--The term ``contractor accompanying the
force'' means a contractor for a contract with the Department
of Defense, a subcontract at any tier under such a contract,
or a task order at any tier issued under such a contract, if
the contract, subcontract, or task order--
(i) is paid for using funds appropriated to or for the use
of the Department; and
(ii) is for the performance of work that directly supports
United States military operations overseas or deployed United
States Armed Forces.
[[Page H3982]]
(B) Employees included.--The term includes employees of any
contractor described in subparagraph (A).
(2) Contractor not accompanying the force.--
(A) In general.--The term ``contractor not accompanying the
force'' means a contractor for a contract with the Federal
Government, a subcontract at any tier under such a contract,
or a task order at any tier issued under such a contract, if
the contract, subcontract, or task order is for the
performance of work related to private security,
reconstruction, humanitarian assistance, peacekeeping, or
other activities in an area of responsibility of a commander
of a combatant command.
(B) Employees included.--The term includes employees of any
contractor described in subparagraph (A).
(3) Combatant command.--The term ``combatant command'' has
the meaning provided in section 161(c) of title 10, United
States Code.
SEC. 1604. REQUIREMENTS FOR COMMANDERS OF COMBATANT COMMANDS
RELATING TO CONTRACTORS ACCOMPANYING AND NOT
ACCOMPANYING THE FORCE.
(a) Protection of Contractors by Armed Forces.--
(1) Contractors accompanying force.--The Secretary of
Defense shall require each commander of a combatant command
to make a determination regarding the appropriate level of
security protection by the Armed Forces of contractors
accompanying the force in the commander's area of
responsibility, and to include in the operational plans of
the commander the results of the determination.
(2) Contractors not accompanying force.--Any requirements
for security protection of contractors accompanying the force
included in operational plans under paragraph (1) may also be
applied by the commander to contractors not accompanying the
force.
(b) Communications Plan.--
(1) Contractors accompanying force.--The Secretary of
Defense shall require each commander of a combatant command
to include in the operational plans of the commander a
communications plan for contractors accompanying the force in
the commander's area of responsibility.
(2) Contractors not accompanying force.-- Such
communications plan may be applied by the commander to
contractors not accompanying the force in such area.
(3) Provision of plan to contractors.--Any communications
plan included in operational plans under this subsection
shall be provided by the commander concerned to the affected
contractors.
(c) Sharing Intelligence.--
(1) Contractors accompanying force.--The Secretary of
Defense shall require each commander of a combatant command
to share with contractors accompanying the force open-source
intelligence, threat assessments, and information related to
contractor movement to avoid hostile or friendly fire
incidents and to further the missions of both the Department
of Defense and the contractors.
(2) Contractors not accompanying force.--The Secretary of
Defense shall require each commander of a combatant command
to share, to the extent practicable, the intelligence,
assessments, and information referred to in paragraph (1)
with contractors not accompanying the force.
(3) Waiver.--The commander of a combatant command may waive
the requirements of this subsection if required to ensure
operational security in the commander's area of
responsibility.
SEC. 1605. REQUIREMENTS FOR CONTRACTORS RELATING TO
POSSESSION OF WEAPONS.
(a) Requirement for Regulations Regarding Carrying Weapons
for Contractors Accompanying Force.--The Secretary of Defense
shall prescribe regulations describing the type of weapons
and circumstances under which contractors accompanying the
force may carry a weapon for self defense or in order to
perform work required under the contract, and information
required to be provided by such contractors relating to such
weapons. The regulations shall include the following:
(1) A requirement that a contractor accompanying the force
request in writing approval, from the commander of the
combatant command for the area in which the contractor is
performing work under a contract, for the contractor to carry
weapons.
(2) Subject to subsection (b), a requirement that the
commander of a combatant command determine whether it is
appropriate for a contractor accompanying the force to carry
a weapon for self defense or in order to perform work
required under the contract, taking into account the duties
required to be performed under the contract and the security
situation in the area of operations, and, if determined
appropriate, to approve a request referred to in paragraph
(1).
(3) A requirement that any contractor accompanying the
force that is carrying a weapon for self defense use only a
firearm that meets United States military specifications for
self defense and ammunition that meets United States military
specifications.
(4) A requirement that a contractor accompanying the force
must have proof of appropriate training for using any firearm
for self defense, as determined by the Secretary of Defense.
(b) Deemed Approval for Carrying Weapon.--The regulations
shall provide that, for purposes of the requirements of
paragraphs (1) and (2) of subsection (a), a requirement in a
contract awarded by the Department that a contractor carry a
weapon to perform work under the contract shall be deemed to
be approved by the commander for the contractor to carry such
a weapon. The regulations shall require that the contracting
officer for such a contract shall notify the appropriate
commander of any such requirement.
SEC. 1606. BATTLEFIELD ACCOUNTABILITY.
(a) Quarterly List of Contractor Personnel in Commander's
Area.--The Secretary of Defense shall require each commander
of a combatant command to obtain quarterly from contractors
accompanying the force a list of all contractor personnel who
are present in the commander's area of responsibility, with
the following information for each individual on the list:
(1) Whether the individual carries a weapon.
(2) Proof of appropriate training with respect to any
weapon carried by the individual.
(3) Proof of citizenship.
(b) Meetings With Contractors.--The Secretary of Defense
shall require each commander of a combatant command to meet
regularly with representatives of contractors both
accompanying and not accompanying the force who are present
in the commander's area of responsibility, in order to
provide information about the requirements of the commander
with respect to the contractors and recommendations to the
contractors regarding security for the protection of the
contractors.
(c) Database.--The Secretary of Defense shall require each
commander of a combatant command to maintain a central
database of the information provided under subsection (a)
with respect to all contractors accompanying the force in the
commander's area of responsibility and shall allow the
commander to maintain such a database with respect to
contractors not accompanying the force. The Secretary shall
prescribe a design for the information to be collected for
the database required under this subsection, which shall be
uniform for all combatant commands. To the extent
practicable, the Secretary shall rely on existing sources in
the Department of Defense for the information to be included
in the database and make such existing information available
to each commander.
(d) Contractor Requirement.--Any contractor accompanying
the force, and, upon determination of the commander of a
combatant command concerned, any contractor not accompanying
the force, shall provide information sought by a commander of
a combatant command for purposes of subsection (a), upon
request from the commander.
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 I--ARMY
2101. Authorized Army construction and land acquisition projects.
2102. Family housing.
2103. Improvements to military family housing units.
2104. Authorization of appropriations, Army.
2105. Modification of authority to carry out certain fiscal year 2004
project.
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........................ Anniston Army Depot.. $3,150,000
Fort Rucker.......... $9,700,000
Redstone Arsenal..... $4,700,000
Alaska......................... Fort Wainwright...... $33,560,000
Arizona........................ Ft. Huachuca......... $5,100,000
California..................... Concord.............. $11,850,000
Fort Irwin........... $21,250,000
Colorado....................... Fort Carson.......... $70,622,000
Georgia........................ Fort Benning......... $30,261,000
Fort Gillem.......... $3,900,000
Fort Stewart/Hunter $57,980,000
Army Air Field.
Hawaii......................... Pohakuloa Training $43,300,000
Area.
[[Page H3983]]
Schofield Barracks... $53,900,000
Illinois....................... Rock Island Arsenal.. $7,400,000
Indiana........................ Crane Army Ammunition $5,700,000
Activity.
Kansas......................... Fort Riley........... $23,000,000
Kentucky....................... Fort Campbell........ $108,175,000
Louisiana...................... Fort Polk............ $28,887,000
Missouri....................... Fort Leonard Wood.... $8,100,000
New Jersey..................... Picatinny Arsenal.... $4,450,000
New York....................... Fort Drum............ $73,350,000
United States $4,000,000
Military Academy,
West Point.
North Carolina................. Fort Bragg........... $301,250,000
Ohio........................... Joint Systems $11,600,000
Manufacturing
Center, Lima.
Oklahoma....................... Fort Sill............ $5,850,000
McAlester............ $6,500,000
Pennsylvania................... Letterkenny Depot.... $6,300,000
South Carolina................. Fort Jackson......... $1,600,000
Texas.......................... Fort Bliss........... $5,000,000
Fort Hood............ $57,888,000
Utah........................... Dugway Proving Ground $25,000,000
Virginia....................... Fort A.P. Hill....... $2,700,000
Fort Belvoir......... $18,000,000
Fort Lee............. $3,900,000
Fort Myer............ $15,200,000
Washington..................... Fort Lewis........... $99,949,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(2), the Secretary of the Army may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Army: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Germany........................ Grafenwoehr.......... $84,081,000
Italy.......................... Pisa................. $5,254,000
Korea.......................... Camp Humphreys....... $114,162,000
Yongpyong............ $1,450,000
------------------------------------------------------------------------
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, in the number of units, and in the amounts set
forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................... Fort Richardson................. 117 $49,000,000
Fort Wainwright................. 180 $91,000,000
Arizona................................... Fort Huachuca................... 131 $31,000,000
Yuma Proving Ground............. 35 $11,200,000
Oklahoma.................................. Fort Sill....................... 129 $24,000,000
Virginia.................................. Fort Lee........................ 96 $19,500,000
Fort Monroe..................... 21 $6,000,000
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2104(a)(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 $2,955,400,000,
as follows:
(1) For military construction projects inside the United
States authorized by section 2101(a), $985,172,000.
(2) For military construction projects outside the United
States authorized by section 2101(b), $204,947,000.
(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, $168,023,000.
(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), $803,993,000.
(6) 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 2003 (division B of Public
Law 107-314; 116 Stat. 2681), $42,642,000.
(7) 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. 1697), as
amended by section 2105 of this Act, $13,600,000.
(8) 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.
(9) For the construction of phase 2 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.
(10) 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.
(11) 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
[[Page H3984]]
of Fiscal Year 2005 (division B of Public Law 108-375; 118
Stat. 2101), $21,000,000.
(12) 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.
(13) For the construction of phase 2 of a barracks complex
renewal project 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.
(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) and (2) of subsection (a).
(2) $16,500,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex for
Fort Drum, New York).
(3) $31,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex for
the 2nd Brigade at Fort Bragg, North Carolina).
(4) $50,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex for
the 3nd Brigade at Fort Bragg, North Carolina).
(5) $77,400,000 (the balance of the amount authorized under
section 2101(a) for construction of a barracks complex for
divisional artillery at Fort Bragg, North Carolina).
(6) $13,000,000 (the balance of the amount authorized under
section 2101(a) for construction of a defense access road for
Fort Belvoir, Virginia.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2004 PROJECT.
(a) Modification of Outside the United States Project.--The
table in section 2101(b) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1698) is amended--
(1) in the item relating to Vilseck, Germany, by striking
``$31,000,000'' in the amount column and inserting
``$26,000,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$226,900,000''.
(b) Conforming Amendment.--Section 2104(b)(6) of that Act
(117 Stat. 1700) is amended by striking ``$18,900,000'' and
inserting ``$13,900,000''.
TITLE II--NAVY
2201. Authorized Navy construction and land acquisition projects.
2202. Family housing.
2203. Improvements to military family housing units.
2204. Authorization of appropriations, Navy.
2205. Modification of authority to carry out certain fiscal year 2004
project.
2206. Modifications of authority to carry out certain fiscal year 2005
projects.
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
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Arizona..................... Marine Corps Air $3,637,000
Station, Yuma.
California.................. Air-Ground Combat $24,000,000
Center, Twentynine
Palms.
Marine Corps Air $1,400,000
Station, Camp Pendelton.
Marine Corps Air $5,070,000
Station, Miramar.
Marine Corps Base, Camp $90,437,000
Pendleton.
Naval Air Station, $8,480,000
Lemoore.
Naval Air Station, North $13,700,000
Island.
Naval Air Warfare $19,158,000
Center, China Lake.
Naval Postgraduate $6,500,000
School.
Florida..................... Diving&Salvage Training $9,678,000
Center, Panama City.
Naval Air Station, $88,603,000
Jacksonville.
Naval Air Station, $8,710,000
Pensacola.
Naval Station, Mayport.. $15,220,000
Georgia..................... Naval Submarine Base, $6,890,000
Kings Bay.
Marine Corps Logistics $5,840,000
Base, Albany.
Hawaii...................... Marine Corps Air $5,700,000
Station, Kaneohe Bay.
Naval Base, Pearl Harbor $29,700,000
Illinois.................... Recruit Training $167,750,000
Command, Great Lakes.
Maryland.................... Naval Air Warfare $5,800,000
Center, Patuxent River.
Naval Surface Warfare $13,460,000
Center, Indian Head.
United States Naval $51,720,000
Academy, Annapolis.
New Hampshire............... Portsmouth Naval $8,100,000
Shipyard.
North Carolina.............. Marine Corps Air $29,147,000
Station, Cherry Point.
Marine Corps Air $6,840,000
Station, New River.
Marine Corps Base, Camp $44,590,000
Lejeune.
Pennsylvania................ Naval Station Weapons $4,780,000
Center, Philadelphia.
Rhode Island................ Naval Station, Newport.. $4,870,000
Texas....................... Naval Air Station, $16,040,000
Kingsville.
Virginia.................... Marine Corps Air Field, $19,698,000
Quantico.
Marine Corps Base, $4,270,000
Quantico.
Naval Air Station, $11,680,000
Oceana.
Naval Amphibious Base, $36,034,000
Little Creek.
Naval Station, Norfolk.. $111,033,000
Washington.................. Naval Station, Everett.. $70,950,000
Naval Submarine Base, $60,160,000
Bangor.
Naval Air Station, $4,010,000
Whidbey Island.
------------------------------------------------------------------------
(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 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, $55,473,000
Guam.
------------------------------------------------------------------------
[[Page H3985]]
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, in the number of units, and in the amount set
forth in the following table:
Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
State Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Guam.................................... Commander Naval Region, 126.................. $43,495,000
Marianas.
----------------------------------------------------------------------------------------------------------------
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 $1,916,779,000,
as follows:
(1) For military construction projects inside the United
States authorized by section 2201(a), $802,311,000.
(2) For military construction projects outside the United
States authorized by section 2201(b), $25,584,000.
(3) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $36,029,000.
(4) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$218,942,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $588,660,000.
(5) For the construction of increment 3 of the general
purpose berthing pier at Naval Weapons Station, Earle, New
Jersey, authorized by section 2201(a) of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1704), as amended by
section 2205 of this Act, $54,432,000.
(6) For the construction of increment 3 of pier 11
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.
(7) For the construction of increment 2 of the apron and
hangar at Naval Air Facility, 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 2 of the White Side
complex, 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. 2105), $34,730,000.
(9) For the construction of increment 2 of the limited area
production and storage complex at Strategic Weapons Facility
Pacific, Bangor, Washington, authorized by section 2201(a) of
the Military Construction Authorization Act for Fiscal Year
2005 (division B of Public Law 108-375; 118 Stat. 2106), as
amended by section 2206 of this Act, $47,095,000.
(10) For the construction of increment 2 of the lab
consolidation 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), as amended by
section 2206 of this Act, $9,430,000.
(11) For the construction of increment 2 of the
presidential helicopter programs support facility at Naval
Air 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), as amended by section 2206 of this Act, $40,700,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation 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) and (2) of subsection (a).
(2) $37,721,000 (the balance of the amount authorized under
section 2201(a) for a reclamation and conveyance project for
Camp Pendleton, California).
(3) $43,424,000 (the balance of the amount authorized under
section 2201(a) for a helicopter hangar replacement at Naval
Air Station, Jacksonville, Florida).
(4) $45,850,000 (the balance of the amount authorized under
section 2201(a) for infrastructure upgrades to Recruit
Training Command, Great Lakes, Illinois).
(5) $26,790,000 (the balance of the amount authorized under
section 2201(a) for construction of a field house at United
States Naval Academy, Annapolis, Maryland).
(6) $31,059,000 (the balance of the amount authorized under
section 2201(a) for replacement of Ship Repair Pier 3 at
Norfolk Naval Shipyard, Virginia).
(7) $21,000,000 (the balance of the amount authorized under
section 2201(a) for construction of bachelor quarters for
Naval Station, Everett, Washington).
(8) $29,889,000 (the balance of the amount authorized under
section 2201(b) for wharf upgrades at Naval Station, Guam).
SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2004 PROJECT.
(a) Modification of Inside the United States Project.--The
table in section 2201(a) of the Military Construction
Authorization Act for Fiscal Year 2004 (division B of Public
Law 108-136; 117 Stat. 1703) is amended--
(1) in the item relating to Naval Weapons Station, Earle,
New Jersey, by striking ``$123,720,000'' in the amount column
and inserting ``$140,372,000''; and
(2) by striking the amount identified as the total in the
amount column and inserting ``$1,352,524,000''.
(b) Conforming Amendment.--Section 2204(b)(4) of that Act
(117 Stat. 1706) is amended by striking ``$96,980,000'' and
inserting ``$113,632,000''.
SEC. 2206. MODIFICATIONS OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2005 PROJECTS.
(a) Modification of Inside the United States Projects.--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. 2105) 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 ``$74,462,000'';
(2) in the item relating to Strategic Weapons Facility
Pacific, Bangor, Washington, by striking ``$138,060,000'' in
the amount column and inserting ``$147,760,000''; and
(3) by striking the amount identified as the total in the
amount column and inserting ``$962,379,000''.
(b) Conforming Amendments.--Section 2204(b) of that Act
(118 Stat. 2107) is amended--
(1) in paragraph (4), by striking ``$34,098,000'' and
inserting ``$34,722,000'';
(2) by redesignating paragraph (7) as paragraph (8) and, in
such paragraph--
(A) by striking ``$65,982,000'' and inserting
``$66,614,000''; and
(B) by striking ``at an unspecified location'' and
inserting ``at Naval Air Station, Patuxent River, Maryland'';
and
(3) by inserting after paragraph (6) the following new
paragraph (7):
``(7) $9,700,000 (the balance of the amount authorized
under section 2201(a) for naval laboratory consolidation,
Strategic Weapons Facility Pacific, Bangor, Washington).''.
TITLE III--AIR FORCE
2301. Authorized Air Force construction and land acquisition projects.
2302. Family housing.
2303. Improvements to military family housing units.
2304. Authorization of appropriations, Air Force.
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2304(a)(1), the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama..................................... Maxwell Air Force Base.......................... $14,900,000
Alaska...................................... Clear Air Force Base............................ $20,000,000
Elmendorf Air Force Base........................ $84,820,000
Arizona..................................... Davis-Monthan Air Force Base.................... $8,600,000
Luke Air Force Base............................. $13,000,000
Arkansas.................................... Little Rock Air Force Base...................... $8,900,000
[[Page H3986]]
California.................................. Beale Air Force Base............................ $14,200,000
Edwards Air Force Base.......................... $103,000,000
Travis Air Force Base........................... $31,600,000
Vandenberg Air Force Base....................... $16,845,000
Colorado.................................... Buckley Air Force Base.......................... $20,100,000
Peterson Air Force Base......................... $25,500,000
United States Air Force Academy................. $13,000,000
Delaware.................................... Dover Air Force Base............................ $19,000,000
District of Columbia........................ Bolling Air Force Base.......................... $14,900,000
Florida..................................... Hurlburt Field.................................. $2,540,000
MacDill Air Force Base.......................... $107,200,000
Tyndall Air Force Base.......................... $21,500,000
Georgia..................................... Robins Air Force Base........................... $7,600,000
Hawaii...................................... Hickam Air Force Base........................... $13,378,000
Idaho....................................... Mountain Home Air Force Base.................... $9,835,000
Massachusetts............................... Hanscom Air Force Base.......................... $10,000,000
Mississippi................................. Keesler Air Force Base.......................... $47,500,000
Missouri.................................... Whiteman Air Force Base......................... $5,721,000
Nebraska.................................... Offutt Air Force Base........................... $50,280,000
Nevada...................................... Indian Springs Auxiliary Field.................. $60,724,000
Nellis Air Force Base........................... $23,311,000
New Jersey.................................. McGuire Air Force Base.......................... $13,185,000
New Mexico.................................. Kirtland Air Force Base......................... $6,600,000
North Dakota................................ Minot Air Force Base............................ $8,700,000
Ohio........................................ Wright Patterson Air Force Base................. $32,620,000
Oklahoma.................................... Tinker Air Force Base........................... $31,960,000
South Carolina.............................. Charleston Air Force Base....................... $2,583,000
Shaw Air Force Base............................. $16,030,000
Texas....................................... Goodfellow Air Force Base....................... $4,300,000
Laughlin Air Force Base......................... $7,900,000
Sheppard Air Force Base......................... $36,000,000
Utah........................................ Hill Air Force Base............................. $24,100,000
Virginia.................................... Langley Air Force Base.......................... $44,365,000
----------------------------------------------------------------------------------------------------------------
(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
------------------------------------------------------------------------
Country Installation or Location Amount
------------------------------------------------------------------------
Germany...................... Ramstein Air Base........ $11,650,000
Spangdahlem Air Base..... $12,474,000
Guam......................... Andersen Air Base........ $18,500,000
Italy........................ Aviano Air Base.......... $22,660,000
Korea........................ Kunsan Air Base.......... $50,900,000
Osan Air Base............ $40,719,000
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.
------------------------------------------------------------------------
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, in the number of units, and in the amounts set
forth in the following table:
Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
State or Country Installation or Location Units Amount
----------------------------------------------------------------------------------------------------------------
Alaska.................................. Eielson Air Force Base......... 392.................. $55,794,000
California.............................. Edwards Air Force Base......... 226................. $59,699,000
District of Columbia.................... Bolling Air Force Base......... 157.................. $48,223,000
Florida................................. MacDill Air Force Base......... 109.................. $40,982,000
Idaho................................... Mountain Home Air Force Base... 194.................. $56,467,000
Missouri................................ Whiteman Air Force Base........ 111.................. $26,917,000
Montana................................. Malmstrom Air Force Base....... 296.................. $68,971,000
North Carolina.......................... Seymour Johnson Air Force Base. 255................. $48,868,000
North Dakota............................ Grand Forks Air Force Base..... 300.................. $86,706,000
Minot Air Force Base........... 223.................. $44,548,000
South Carolina.......................... Charleston Air Force Base...... 10................... $15,935,000
South Dakota............................ Ellsworth Air Force Base....... 60.................. $14,383,000
Texas................................... Dyess Air Force Base........... 190.................. $43,016,000
Germany................................. Ramstein Air Base.............. 101.................. $62,952,000
Spangdahlem Air Base........... 79................... $45,385,000
Turkey.................................. Incirlik Air Base.............. 100.................. $22,730,000
United Kingdom.......................... Royal Air Force Lakenheath..... 107.................. $48,437,000
----------------------------------------------------------------------------------------------------------------
[[Page H3987]]
(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 $409,103,000.
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
$3,162,877,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2301(a), $871,297,000.
(2) For military construction projects outside the United
States authorized by section 2301(b), $193,308,000.
(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, $91,733,000.
(5) For military family housing functions:
(A) For construction and acquisition, planning and design,
and improvement of military family housing and facilities,
$1,236,220,000.
(B) For support of military family housing (including
functions described in section 2833 of title 10, United
States Code), $755,319,000.
(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
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a):
(1) The total amount authorized to be appropriated under
paragraphs (1) and (2) of subsection (a).
(2) $30,000,000 (the balance of the amount authorized under
section 2301(a) for construction of a C-17 maintenance
complex at Elmendorf Air Force Base, Alaska).
(3) $66,000,000 (the balance of the amount authorized under
section 2301(a) for construction of a main base runway at
Edwards Air Force Base, California).
(4) $29,000,000 (the balance of the amount authorized under
section 2301(a) for construction of a joint intelligence
center at MacDill Air Force Base, Florida.)
TITLE IV--DEFENSE AGENCIES
2401. Authorized Defense Agencies construction and land acquisition
projects.
2402. Energy conservation projects.
2403. Authorization of appropriations, Defense Agencies.
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(1), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following tables:
Defense Education Activity
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Georgia..................... Fort Stewart/Hunter Army $16,629,000
Air Field.
North Carolina.............. Fort Bragg.............. $18,075,000
------------------------------------------------------------------------
Defense Intelligence Agency
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
District of Columbia........ Bolling Air Force Base.. $7,900,000
------------------------------------------------------------------------
Defense Logistics Agency
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Arizona..................... Yuma Proving Ground..... $7,300,000
California.................. Defense Distribution $33,635,000
Depot, Tracy.
Miramar................. $23,000,000
Kansas...................... McConnell Air Force Base $15,800,000
New Mexico.................. Cannon Air Force Base... $13,200,000
North Carolina.............. Seymour Johnson Air $18,500,000
Force Base.
Pennsylvania................ Defense Distribution $6,500,000
Depot, New Cumberland.
Virginia.................... Fort Belvoir............ $4,500,000
Naval Station, Norfolk.. $6,700,000
------------------------------------------------------------------------
National Security Agency
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
Georgia..................... Augusta................. $61,466,000
Maryland.................... Fort Meade.............. $28,049,000
------------------------------------------------------------------------
Special Operations Command
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
California.................. Naval Surface Warfare $28,350,000
Center, Coronado.
Florida..................... Hurlburt Field.......... $6,500,000
Eglin Air Force Base.... $12,800,000
Georgia..................... Fort Stewart/Hunter Army $10,000,000
Air Field.
Kentucky.................... Fort Campbell........... $37,800,000
North Carolina.............. Fort Bragg.............. $14,769,000
Washington.................. Fort Lewis.............. $53,300,000
------------------------------------------------------------------------
TRICARE Management Activity
------------------------------------------------------------------------
State Installation or Location Amount
------------------------------------------------------------------------
California.................. Beale Air Force Base.... $18,000,000
Naval Hospital, San $15,000,000
Diego.
Colorado.................... Peterson Air Force Base. $1,820,000
Maryland.................... Fort Detrick............ $55,200,000
[[Page H3988]]
Uniformed Services $10,350,000
University, Bethesda.
Mississippi................. Keesler Air Force Base.. $14,000,000
Nevada...................... Nellis Air Force Base... $1,700,000
South Carolina.............. Charleston.............. $35,000,000
Texas....................... Lackland Air Force Base. $11,000,000
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a)(2), the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following tables:
Defense Education Activity
------------------------------------------------------------------------
Location Installation or City Amount
------------------------------------------------------------------------
Germany..................... Landstuhl............... $6,543,000
Vilseck................. $2,323,000
Guam........................ Agana................... $40,578,000
Korea....................... Taegu................... $8,231,000
Spain....................... Naval Station, Rota..... $7,963,000
------------------------------------------------------------------------
Defense Logistics Agency
------------------------------------------------------------------------
Location Installation or City Amount
------------------------------------------------------------------------
Greece...................... Souda Bay............... $7,089,000
------------------------------------------------------------------------
Missile Defense Agency
------------------------------------------------------------------------
Location Installation or City Amount
------------------------------------------------------------------------
Kwajalein................... Kwajalein Atoll......... $4,901,000
------------------------------------------------------------------------
National Security Agency
------------------------------------------------------------------------
Location Installation or City Amount
------------------------------------------------------------------------
United Kingdom.............. Menwith Hill............ $44,997,000
------------------------------------------------------------------------
TRICARE Management Activity
------------------------------------------------------------------------
Location Installation or City Amount
------------------------------------------------------------------------
Bahrain...................... ......................... $4,750,000
------------------------------------------------------------------------
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 $50,000,000.
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 $2,973,848,000, as follows:
(1) For military construction projects inside the United
States authorized by section 2401(a), $586,843,000.
(2) For military construction projects outside the United
States authorized by section 2401(b), $126,404,000.
(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, $5,000,000.
(5) For architectural and engineering services and
construction design under section 2807 of title 10, United
States Code, $135,681,000.
(6) For energy conservation projects authorized by section
2402 of this Act, $50,000,000.
(7) For base closure and realignment activities as
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) and funded through the Department of Defense Base
Closure Account 1990 established by section 2906 of such Act,
$377,827,000.
(8) For base closure and realignment activities as
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) and funded through the Department of Defense Base
Closure Account 2005 established by section 2906A of such
Act, $1,570,466,000.
(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 for
Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
2112), $57,000,000.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under paragraphs
(1) and (2) of subsection (a).
TITLE V--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM
2501. Authorized NATO construction and land acquisition projects.
2502. Authorization of appropriations, NATO.
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.
[[Page H3989]]
TITLE VI--GUARD AND RESERVE FORCES FACILITIES
2601. Authorized Guard and Reserve construction and land acquisition
projects.
SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2005, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), the following amounts:
(1) For the Department of the Army--
(A) for the Army National Guard of the United States,
$410,624,000; and
(B) for the Army Reserve, $138,425,000.
(2) For the Department of the Navy, for the Naval and
Marine Corps Reserve, $45,226,000.
(3) For the Department of the Air Force--
(A) for the Air National Guard of the United States,
$225,727,000; and
(B) for the Air Force Reserve, $110,847,000.
TITLE VII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
2701. Expiration of authorizations and amounts required to be specified
by law.
2702. Extension of authorizations of certain fiscal year 2003 projects.
2703. Extension of authorizations of certain fiscal year 2002 projects.
2704. Effective date.
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. 2700),
authorizations set forth in the tables in subsection (b), as
provided in section 2301, 2302, or 2401 of that Act, shall
remain in effect until October 1, 2006, or the date of the
enactment of an Act authorizing funds for military
construction for fiscal year 2007, whichever is later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Air Force: Extension of 2003 Project Authorizations
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Aviano Air Base, Italy...... Area consolidation...... $5,000,000
Eglin Air Force Base, Family housing (134 $15,906,000
Florida. units).
Family housing office... $597,000
Keesler Air Force Base, Family housing (117 $16,505,000
Mississippi. units).
Randolph Air Force Base, Family housing (112 $14,311,000
Texas. units).
Housing maintenance $447,000
facility.
------------------------------------------------------------------------
Defense Wide: Extension of 2003 Project Authorization
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Stennis Space Center, SOF Training Range...... $5,000,000
Mississippi.
------------------------------------------------------------------------
SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR
2002 PROJECTS.
(a) Extension and Renewal.--Notwithstanding section 2701 of
the Military Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107-107; 115 Stat. 1301),
authorizations set forth in the tables in subsection (b), as
provided in section 2101 or 2302 of that Act and extended by
section 2702 of the Military Construction Authorization Act
for Fiscal Year 2005 (division B of Public Law 108-375; 118
Stat. 2116), shall remain in effect until October 1, 2006, or
the date of the enactment of an Act authorizing funds for
military construction for fiscal year 2007, whichever is
later.
(b) Tables.--The tables referred to in subsection (a) are
as follows:
Army: Extension of 2002 Project Authorization
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Pohakuloa Training Area, Land acquisition........ $1,500,000
Hawaii.
------------------------------------------------------------------------
Air Force: Extension of 2002 Project Authorization
------------------------------------------------------------------------
Installation or Location Project Amount
------------------------------------------------------------------------
Barksdale Air Force Base, Family housing (56 $7,300,000
Louisiana. units).
------------------------------------------------------------------------
SEC. 2704. EFFECTIVE DATE.
Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of this Act
shall take effect on the later of--
(1) October 1, 2005; or
(2) the date of the enactment of this Act.
TITLE VIII--GENERAL PROVISIONS
Subtitle A--Military Construction Program and Military Family Housing
Changes
2801. Modification of congressional notification requirements for
certain military construction activities.
2802. Improve availability and timeliness of Department of Defense
information regarding military construction and family
housing accounts and activities.
2803. Expansion of authority to convey property at military
installations to support military construction.
2804. Effect of failure to submit required report on need for general
and flag officers quarters in National Capital Region.
2805. One-year extension of temporary, limited authority to use
operation and maintenance funds for construction projects
outside the United States.
2806. Clarification of moratorium on certain improvements at Fort
Buchanan, Puerto Rico.
Subtitle B--Real Property and Facilities Administration
2811. Consolidation of Department of Defense land acquisition
authorities and limitations on use of such authorities.
2812. Report on use of utility system conveyance authority and
temporary suspension of authority pending report.
2813. Authorized military uses of Papago Park Military Reservation,
Phoenix, Arizona.
Subtitle C--Base Closure and Realignment
2821. Additional reporting requirements regarding base closure process
and use of Department of Defense base closure accounts.
[[Page H3990]]
2822. Termination of project authorizations for military installations
approved for closure in 2005 round of base realignments
and closures.
2823. Expanded availability of adjustment and diversification
assistance for communities adversely affected by mission
realignments in base closure process.
2824. Sense of Congress regarding consideration of national defense
industrial base interests during Base Closure and
Realignment Commission review of Department of Defense
base closure and realignment recommendations.
Subtitle D--Land Conveyances
Part I--Army Conveyances
2831. Modification of land conveyance, Engineer Proving Ground, Fort
Belvoir, Virginia.
2832. Land conveyance, Army Reserve Center, Bothell, Washington.
Part II--Navy Conveyances
2841. Land conveyance, Marine Corps Air Station, Miramar, San Diego,
California.
Part III--Air Force Conveyances
2851. Purchase of build-to-lease family housing, Eielson Air Force
Base, Alaska.
2852. Land conveyance, Air Force property, Jacksonville, Arkansas.
Subtitle E--Other Matters
2861. Lease authority, Army Heritage and Education Center, Carlisle,
Pennsylvania.
2862. Redesignation of McEntire Air National Guard Station, South
Carolina, as McEntire Joint National Guard Base.
2863. Assessment of water needs for Presidio of Monterey and Ord
Military Community.
Subtitle A--Military Construction Program and Military Family Housing
Changes
SEC. 2801. MODIFICATION OF CONGRESSIONAL NOTIFICATION
REQUIREMENTS FOR CERTAIN MILITARY CONSTRUCTION
ACTIVITIES.
(a) Contingency Construction.--Section 2804(b) of title 10,
United States Code, is amended--
(1) by striking ``21-day period'' and inserting ``14-day
period''; and
(2) by striking ``14-day period'' and inserting ``seven-day
period''.
(b) Acquisition in Lieu of Construction.--Section 2813(c)
of such title is amended--
(1) by striking ``30-day period'' and inserting ``21-day
period''; and
(2) by striking ``21-day period'' and inserting ``14-day
period''.
SEC. 2802. IMPROVE AVAILABILITY AND TIMELINESS OF DEPARTMENT
OF DEFENSE INFORMATION REGARDING MILITARY
CONSTRUCTION AND FAMILY HOUSING ACCOUNTS AND
ACTIVITIES.
(a) Maintenance of Information on Internet.--Section 2851
of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(c) Maintenance of Military Construction Information on
Internet; Access.--(1) The Secretary of Defense shall
maintain, as part of the Internet site of the Department of
Defense, a link that, when activated by a person authorized
under paragraph (3), will permit the person to access and
view on a separate page of the Internet site a document or
other file containing information regarding--
``(A) a specific military construction project or military
family housing project, including the information required by
paragraph (2); and
``(B) the accounts that are used to fund the project or
support the operation and maintenance of military family
housing.
``(2) The information required to be maintained under this
subsection shall include the following:
``(A) The solicitation date and award date (or anticipated
dates) for each contract entered into (or to be entered into)
by the United States in connection with a military
construction project or a military family housing project.
``(B) The contract recipient, contract award amount, and
current working estimate of the cost of the project.
``(C) The latest form 1391 for the project and the status
of design and construction for the project.
``(D) The date (or anticipated date) for completion of the
project.
``(E) If funds appropriated for the project exceed (or are
likely to exceed) the amount required to complete the
project, the amount of the excess and the purpose for which
the excess funds will be used.
``(F) If funds appropriated for the project are
insufficient (or are likely to be insufficient) to complete
the project, the additional amount necessary to complete the
project and the source of the additional funds.
``(G) For accounts such as planning and design, unspecified
minor construction, and family housing operation and
maintenance, detailed information regarding expenditures and
anticipated expenditures under these accounts and the
purposes for which the expenditures are made.
``(3) Access to the Internet page referred to in paragraph
(1) shall be restricted to the following persons:
``(A) Members of the congressional defense committees and
their staff.
``(B) Staff of the congressional defense committees.
``(4) The Secretary shall update the information required
to be maintained under this subsection as promptly as
practicable to ensure that the information is available to
persons referred to in paragraph (3) in a timely manner.''.
(b) Stylistic Amendments.--Such section is further
amended--
(1) in subsection (a), by inserting ``Supervision of
Military Department Projects._'' after ``(a)''; and
(2) in subsection (b), by inserting ``Supervision of
Defense Agency Projects._'' after ``(b)''.
SEC. 2803. EXPANSION OF AUTHORITY TO CONVEY PROPERTY AT
MILITARY INSTALLATIONS TO SUPPORT MILITARY
CONSTRUCTION.
(a) Inclusion of All Military Installations.--Subsection
(a) of section 2869 of title 10, United States Code, is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' before ``The Secretary
concerned'';
(3) by striking ``located on a military installation that
is closed or realigned under a base closure law'' and
inserting ``described in paragraph (2)''; and
(4) by adding at the end the following new paragraph:
``(2) Paragraph (1) applies with respect to real property
under the jurisdiction of the Secretary concerned that--
``(A) is located on a military installation that is closed
or realigned under a base closure law; or
``(B) is determined to be surplus to the needs of the
Federal Government.''.
(b) Advance Notice of Use of Authority; Content of
Notice.--Subsection (d) of such section is amended--
(1) in paragraph (1), by striking ``closed or realigned
under the base closure laws is to be conveyed'' and inserting
``is proposed for conveyance'';
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) The Secretary concerned may not enter into an
agreement under subsection (a) for the conveyance of real
property until--
``(A) the Secretary submits to Congress notice of the
conveyance, including--
``(i) the military construction activities, military family
housing, or military unaccompanied housing to be obtained in
exchange for the conveyance of the property; and
``(ii) the amount of any payment to be made under
subsection (b) by the recipient of the property to equalize
the fair market values of the property to be conveyed and the
military construction activities, military family housing, or
military unaccompanied housing to be obtained in exchange for
the property; and
``(B) a period of 21 days has elapsed from the date of
receipt of the notice or, if over sooner, a period of 14 days
has elapsed from the date on which a copy of the notice is
provided in an electronic medium pursuant to section 480 of
this title''.
(c) Deposit and Use of Funds.--Subsection (e) of such
section is amended to read as follows:
``(e) Deposit and Use of Funds.--(1) The Secretary
concerned shall deposit funds received under subsection (b)
in the appropriation `Foreign Currency Fluctuations,
Construction, Defense'.
``(2) The funds deposited under paragraph (1) shall be
available, in such amounts as provided in appropriation Acts,
for the purpose of paying increased costs of overseas
military construction and family housing construction or
improvement associated with unfavorable fluctuations in
currency exchange rates. The use of such funds for this
purpose does not relieve the Secretary concerned from the
duty to provide advance notice to Congress under section
2853(c) of this title whenever the Secretary approves an
increase in the cost of an overseas project under such
section.''.
(d) Annual Reports; Effect of Failure to Submit.--
Subsection (f) of such section is amended--
(1) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(2) in subparagraph (C), as so redesignated, by inserting
before the period at the end the following: ``and of surplus
real property at military installations'';
(3) by striking ``(f)'' and all that follows through ``the
following:'' and inserting the following:
``(f) Annual Reports; Effect of Failure to Submit.--(1) Not
later than March 15 of each year, the Secretary of Defense
shall submit to Congress a report detailing the following:'';
and
(4) by adding at the end the following new paragraph:
``(2) If the report for a year is not submitted to Congress
by the date specified in paragraph (1), the Secretary
concerned may not enter into an agreement under subsection
(a) after that date for the conveyance of real property until
the date on which the report is finally submitted.''.
(e) Clerical Amendments.--
(1) Section heading.--The heading for such section is
amended to read as follows:
``Sec. 2869. Conveyance of property at military installations
to support military construction''.
(2) Table of sections.--The table of sections at the
beginning of chapter 169 of such title is amended by striking
the item relating to section 2869 and inserting the following
new item:
``2689. Conveyance of property at military installations to support
military construction.''.
(f) Conforming Amendments to Other Laws.--Section 2883(c)
of such title is amended--
(1) in paragraph (1), by striking subparagraph (F); and
(2) in paragraph (2), by striking subparagraph (F).
[[Page H3991]]
SEC. 2804. EFFECT OF FAILURE TO SUBMIT REQUIRED REPORT ON
NEED FOR GENERAL AND FLAG OFFICERS QUARTERS IN
NATIONAL CAPITAL REGION.
Section 2802(c) of the Military Construction Authorization
Act for Fiscal Year 2005 (division B of Public Law 108-375;
118 Stat. 2120) is amended--
(1) by inserting ``(1)'' before ``Not later than March 30,
2005,''; and
(2) by adding at the end the following new paragraph:
``(2) Until the report required by this subsection is
submitted to the congressional defense committees, amounts
appropriated for the Department of Defense for fiscal year
2006 may not be used for the operation, maintenance, or
repair of housing units for general officers and flag
officers in the National Capital Region.''.
SEC. 2805. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY
TO USE OPERATION AND MAINTENANCE FUNDS FOR
CONSTRUCTION PROJECTS OUTSIDE THE UNITED
STATES.
(a) Conditional Extension.--Section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division
B of Public Law 108-136; 117 Stat. 1723), as amended by
section 2810 of the Military Construction Authorization Act
for Fiscal Year 2005 (division B of Public Law 108-375; 118
Stat. 2128), is further amended--
(1) in subsection (a), by striking ``fiscal year 2005'' and
inserting ``fiscal years 2005 and 2006''; and
(2) in subsection (d)(2)--
(A) by striking ``during fiscal year 2005'' and inserting
``during a fiscal year'';
(B) by inserting ``for that fiscal year'' after
``commence''; and
(C) by striking ``for fiscal year 2004'' and inserting
``for the preceding fiscal year''.
(b) Advance Notice of Proposed Obligation of Funds.--
Subsection (b) of such section 2808 is amended--
(1) in the first sentence--
(A) by striking ``Within seven days after'' and all that
follows through ``are first'' and inserting ``Not later than
seven days before the date on which appropriated funds
available for operation and maintenance will be first''; and
(B) by striking ``the obligation'' and inserting ``the
proposed obligation'';
(2) in paragraph (2), by striking ``are being obligated''
and inserting ``will be obligated''; and
(3) in paragraph (4), by striking ``obligated'' and
inserting ``to be obligated''.
(c) Quarterly Reports; Effect of Failure to Submit.--
Subsection (d) of such section 2808 is amended by striking
paragraph (1) and inserting the following new paragraph:
``(1) Not later than 30 days after the end of each fiscal-
year quarter during which appropriated funds available for
operation and maintenance are obligated or expended to carry
out construction projects outside the United States, the
Secretary of Defense shall submit to the congressional
committees specified in subsection (f) a report on the
worldwide obligation and expenditure during that quarter of
such appropriated funds for such construction projects. If
the report for a fiscal-year quarter is not submitted to such
committees by the required date, appropriated funds available
for operation and maintenance may not be obligated or
expended after that date under the authority of this section
to carry out construction projects outside the United States
until the date on which the report is finally submitted.''.
SEC. 2806. CLARIFICATION OF MORATORIUM ON CERTAIN
IMPROVEMENTS AT FORT BUCHANAN, PUERTO RICO.
(a) Exceptions to Moratorium.--Section 1507 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106-398; 114 Stat.
1654A-355) is amended--
(1) in subsection (a), by striking ``conversion,
rehabilitation, extension, or improvement'' and inserting
``or extension'';
(2) in subsection (b)(1), by inserting ``, repair, or
convert'' after ``maintain''; and
(3) in subsection (c), by striking ``conversion,
rehabilitation, extension, or improvement'' and inserting
``or extension''.
(b) Rule of Construction.--The amendments made by
subsection (a) do not trigger the termination of the
moratorium on certain improvements at Fort Buchanan, Puerto
Rico, as provided by subsection (c) of section 1507 of the
Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001.
Subtitle B--Real Property and Facilities Administration
SEC. 2811. CONSOLIDATION OF DEPARTMENT OF DEFENSE LAND
ACQUISITION AUTHORITIES AND LIMITATIONS ON USE
OF SUCH AUTHORITIES.
(a) Land Acquisition Authority.--Chapter 159 of title 10,
United States Code, is amended--
(1) in section 2663--
(A) by striking the section heading and inserting the
following new section heading:
``Sec. 2663. Land acquisition authorities'';
(B) in subsection (a)--
(i) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively;
(ii) in subparagraph (C), as so redesignated, by striking
``clause (2)'' and inserting ``subparagraph (B)''; and
(iii) by inserting ``Acquisition of Land by Condemnation
for Certain Military Purposes.--(1)'' before ``The
Secretary'' ;
(C) by redesignating subsection (b) as paragraph (2) and,
in such paragraph, by striking ``subsection (a)'' and
inserting ``paragraph (1)'';
(D) by redesignating subsection (c) as subsection (b) and,
in such subsection, by inserting ``Acquisition by Purchase in
Lieu of Condemnation.--'' before ``The Secretary''; and
(E) by striking subsection (d);
(2) by transferring subsections (a), (b), and (d) of
section 2672 to section 2663 and inserting such subsections
in that order after subsection (b), as redesignated by
paragraph (1)(D);
(3) in subsection (a), as transferred by paragraph (2), by
striking ``(a) Acquisition Authority'' and inserting ``(c)
Acquisition of Low-cost Interests in Land'';
(4) in subsection (b), as transferred by paragraph (2)--
(A) by striking ``(b) Acquisition of Multiple Parcels.--
This section'' and inserting ``(3) This subsection'';
(B) by striking ``subsection (a)(1)'' and inserting
``paragraph (1)''; and
(C) by striking ``subsection (a)(2)'' and inserting
``paragraph (2)'';
(5) in subsection (d), as transferred by paragraph (2)--
(A) by striking ``(d) Availability of Funds.--
Appropriations'' and inserting ``(4) Appropriations''; and
(B) by striking ``this section'' and inserting ``this
subsection'';
(6) by transferring subsections (a), (c), and (b) of
section 2672a to section 2663 and inserting such subsections
in that order after subsection (c), as redesignated and
amended by paragraphs (3), (4), and (5);
(7) in subsection (a), as transferred by paragraph (6)--
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively; and
(B) by striking ``(a) The Secretary'' and inserting ``(d)
Acquisition of Interests in Land When Need Is Urgent.--(1)
The Secretary'';
(8) in subsection (c), as transferred by paragraph (6)--
(A) by striking ``(c)'' and inserting ``(2)''; and
(B) by striking ``this section'' and inserting ``this
subsection'';
(9) in subsection (b), as transferred by paragraph (6)--
(A) by striking ``(b)'' and inserting ``(3)'';
(B) by striking ``this section'' in the first sentence and
inserting ``this subsection''; and
(C) by striking the second sentence;
(10) by transferring subsection (b) of section 2676 to
section 2663 and inserting such subsection after subsection
(d), as redesignated and amended by paragraphs (7), (8), and
(9); and
(11) in subsection (b), as transferred by paragraph (10),
by striking ``(b) Authority'' and inserting ``(e) Survey
Authority; Acquisition Methods.--Authority''.
(b) Limitations on Acquisition Authority.--Section 2676 of
such title, as amended by subsection (a)(10), is further
amended--
(1) in subsection (a)--
(A) by inserting ``Authorization for Acquisition
Required.--'' before ``No military department''; and
(B) by striking ``, as amended'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``Cost Limitations.--''
before ``(1)'';
(B) in paragraph (2)--
(i) by striking ``A land'' and inserting ``Until subsection
(d) is complied with, a land''; and
(ii) by striking ``lesser,'' and all that follows through
the period at the end and inserting ``lesser.'';
(3) in subsection (d), by inserting ``Congressional
Notification.--'' before ``The limitations''; and
(4) in subsection (e), by inserting ``Payment of Judgements
and Settlements.--'' before ``The Secretary''.
(c) Transfer and Redesignation of Revised Limitation
Section.--Section 2676 of such title, as amended by
subsections (a)(10) and (b)--
(1) is inserted after section 2663 of such title, as
amended by subsection (a); and
(2) is amended by striking the section heading and
inserting the following new section heading:
``Sec. 2664. Limitations on real property acquisition''.
(d) Inclusion of Limitation on Land Acquisition
Commissions.--Subsection (c) of section 2661 of such title is
transferred to section 2664 of such title, as redesignated by
subsection (c)(2), is inserted after subsection (a) of such
redesignated section, and is redesignated as subsection (b).
(e) Conforming Repeals.--Sections 2672 and 2672a of such
title are repealed.
(f) Clerical Amendments.--The table of sections at the
beginning of chapter 159 of such title is amended--
(1) by striking the items relating to sections 2663, 2672,
2672a, and 2676; and
(2) by inserting after the item relating to section 2662
the following new items:
``2663. Land acquisition authorities.
``2664. Limitations on real property acquisition.''.
SEC. 2812. REPORT ON USE OF UTILITY SYSTEM CONVEYANCE
AUTHORITY AND TEMPORARY SUSPENSION OF AUTHORITY
PENDING REPORT.
(a) Report on Use of Authority.--Subsection (e) of section
2688 of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``Quarterly Report.--'' and inserting
``Reporting Requirements.--(1)''; and
(3) by adding at the end the following new paragraph:
``(2) Not later than March 15, 2006, the Secretary of
Defense shall submit to Congress a report containing--
``(A) a discussion of the methodology by which a military
department conducts the economic analyses of proposed utility
system conveyances under this section, including the economic
analysis referred to in this subsection,
[[Page H3992]]
and any guidance issued by the Department of Defense related
to conducting such economic analyses;
``(B) a list of the steps taken to ensure the reliability
of completed economic analyses, including post-conveyance
reviews of actual costs and savings to the United States
versus the costs and savings anticipated in the economic
analyses;
``(C) a review of the costs and savings to the United
States resulting from each utility system conveyance carried
out under this section;
``(D) a discussion of the requirement for consideration
equal to the fair market value of a conveyed utility system,
as specified in subsection (c), and any guidance issued by
the Department of Defense related to implementing that
requirement, and the effect of that requirement and guidance
on the costs and savings to the United States resulting from
procuring by contract the utility services provided by the
utility system;
``(E) a discussion of the effects that permanent conveyance
of ownership in a utility system may have on the ability of
the Secretary concerned to renegotiate contracts for utility
services provided by the utility system or to procure such
services from another source;
``(F) a discussion of the efforts and direction within the
Department of Defense to oversee the implementation and use
of the utility system conveyance authority under this section
and to ensure the adequacy of utilities services for a
military installation after conveyance of a utility system;
and
``(G) a discussion of the effect of utility system
conveyances on the operating budgets of military
installations at which the conveyances were made.''.
(b) Suspension of Authority.--Such section is further
amended by adding at the end the following new subsection:
``(j) Temporary Suspension of Conveyance Authority.--The
Secretary concerned may not convey a utility system,
including any part of a utility system, under subsection (a)
or make a contribution under subsection (g) toward the cost
of construction, repair, or replacement of a utility system
by another entity until the later of the following dates:
``(1) The date of the enactment of an Act authorizing funds
for military construction for fiscal year 2007.
``(2) The date that is one year after the date of the
submission of the report required by subsection (e)(2).''.
SEC. 2813. AUTHORIZED MILITARY USES OF PAPAGO PARK MILITARY
RESERVATION, PHOENIX, ARIZONA.
The Act of April 7, 1930 (Chapter 107; 46 Stat. 142), is
amended in the first designated paragraph, relating to the
Papago Park Military Reservation, by striking ``as a rifle
range''.
Subtitle C--Base Closure and Realignment
SEC. 2821. ADDITIONAL REPORTING REQUIREMENTS REGARDING BASE
CLOSURE PROCESS AND USE OF DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNTS.
(a) Information on Future Receipts and Expenditures.--
(1) 1990 account.--Section 2906(c)(1) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) is amended--
(A) in subparagraph (A)--
(i) by striking ``committees of the amount'' and inserting
``committees of--
``(i) the amount'';
(ii) by striking ``such fiscal year and of the amount'' and
inserting ``such fiscal year;
``(ii) the amount''; and
(iii) by striking ``such fiscal year.'' and inserting
``such fiscal year;
``(iii) the amount and nature of anticipated deposits to be
made into, and the anticipated expenditures to be made from,
the Account during the first fiscal year commencing after the
submission of the report; and
``(iv) the amount and nature of anticipated expenditures to
be made made pursuant to section 2905(a) during the first
fiscal year commencing after the submission of the report.'';
and
(B) in subparagraph (B)--
(i) in clause (i), by inserting ``and installation'' after
``subaccount''; and
(ii) by adding at the end the following new clause:
``(v) An estimate of the net revenues to be received from
property disposals to be completed during the first fiscal
year commencing after the submission of the report at
military installations the date of approval of closure or
realignment of which is before January 1, 2005.''.
(2) 2005 account.--Section 2906A(c)(1) of such Act is
amended--
(A) in subparagraph (A)--
(i) by striking ``committees of the amount'' and inserting
``committees of--
``(i) the amount'';
(ii) by striking ``such fiscal year and of the amount'' and
inserting ``such fiscal year;
``(ii) the amount''; and
(iii) by striking ``such fiscal year.'' and inserting
``such fiscal year;
``(iii) the amount and nature of anticipated deposits to be
made into, and the anticipated expenditures to be made from,
the Account during the first fiscal year commencing after the
submission of the report; and
``(iv) the amount and nature of anticipated expenditures to
be made made pursuant to section 2905(a) during the first
fiscal year commencing after the submission of the report.'';
and
(B) in subparagraph (B)--
(i) in clause (i), by inserting ``and installation'' after
``subaccount''; and
(ii) by adding at the end the following new clause:
``(v) An estimate of the net revenues to be received from
property disposals to be completed during the first fiscal
year commencing after the submission of the report at
military installations the date of approval of closure or
realignment of which is after January 1, 2005.''.
(b) Information on BRAC Process.--Section 2907 of such Act
is amended--
(1) by striking ``fiscal year 1993'' and inserting ``fiscal
year 2007'';
(2) by striking ``and'' at the end of paragraph (1);
(3) by striking the period at the end of paragraph (2) and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(3) a description of the closure or realignment actions
already carried out at each military installation since the
date of the installation's approval for closure or
realignment under this part and the current status of the
closure or realignment of the installation, including
whether--
``(A) a redevelopment authority has been recognized by the
Secretary for the installation;
``(B) the screening of property at the installation for
other Federal use has been completed; and
``(C) a redevelopment plan has been agreed to by the
redevelopment authority for the installation;
``(4) a description of redevelopment plans for military
installations approved for closure or realignment under this
part, the quantity of property remaining to be disposed of at
each installation as part of its closure or realignment, and
the quantity of property already disposed of at each
installation;
``(5) a list of the Federal agencies that have requested
property during the screening process for each military
installation approved for closure or realignment under this
part, including the date of transfer or anticipated transfer
of the property to such agencies, the acreage involved in
such transfers, and an explanation for any delays in such
transfers;
``(6) a list of known environmental remediation issues at
each military installation approved for closure or
realignment under this part, including the acreage affected
by these issues, an estimate of the cost to complete such
environmental remediation, and the plans (and timelines) to
address such environmental remediation; and
``(7) an estimate of the date for the completion of all
closure or realignment actions at each military installation
approved for closure or realignment under this part.''.
SEC. 2822. TERMINATION OF PROJECT AUTHORIZATIONS FOR MILITARY
INSTALLATIONS APPROVED FOR CLOSURE IN 2005
ROUND OF BASE REALIGNMENTS AND CLOSURES.
(a) Project Termination.--If a military installation is
approved for closure in 2005 under the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note), any authorization for a
military construction project, land acquisition, or family
housing project that is related to that installation and
contained in title XXI, XXII, XXIII, or XXIV of this Act or
in an Act authorizing funds for a prior fiscal year for
military construction projects, land acquisition, and family
housing projects (and authorizations of appropriations
therefor) shall terminate and no longer constitute authority
under section 2676, 2802, 2821, or 2822 of title 10, United
States Code, to carry out the military construction project,
land acquisition, or family housing project.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, or family housing projects (and authorizations
of appropriations therefor) for which appropriated funds have
been obligated before the date of approval of the military
installation for closure under the Defense Base Closure and
Realignment Act of 1990. In this subsection, the term ``date
of approval'' has the meaning given that term in section
2910(8) of such Act.
SEC. 2823. EXPANDED AVAILABILITY OF ADJUSTMENT AND
DIVERSIFICATION ASSISTANCE FOR COMMUNITIES
ADVERSELY AFFECTED BY MISSION REALIGNMENTS IN
BASE CLOSURE PROCESS.
(a) Eligibility Requirements.--Subsection (b)(3) of section
2391 of title 10, United States Code, is amended--
(1) by striking ``significantly reduced operations of a
defense facility'' and inserting ``realignment of a military
installation'';
(2) by striking ``cancellation,'' and inserting ``closure
or realignment, cancellation or''; and
(3) by striking ``community'' and all that follows through
the period at the end and inserting ``community or its
residents.''.
(b) Addition of Definition of Realignment.--Subsection (d)
of such section is amended by adding at the end the following
new paragraph:
``(4) The term `realignment' has the meaning given that
term in section 2910(5) 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).''.
SEC. 2824. SENSE OF CONGRESS REGARDING CONSIDERATION OF
NATIONAL DEFENSE INDUSTRIAL BASE INTERESTS
DURING BASE CLOSURE AND REALIGNMENT COMMISSION
REVIEW OF DEPARTMENT OF DEFENSE BASE CLOSURE
AND REALIGNMENT RECOMMENDATIONS.
It is the sense of Congress that national defense
industrial base interests, including the relationships
between military installations and proximate commercial
facilities and the maintenance of, and accessibility to,
skills and knowledge critical to military installations and
their operation, are an integral part of military value, and
should be given full consideration by the Base Closure and
Realignment Commission when it conducts its review and
analysis of the
[[Page H3993]]
recommendations made by the Secretary of Defense regarding
the closure or realignment of military installations.
Subtitle D--Land Conveyances
PART 1--ARMY CONVEYANCES
SEC. 2831. MODIFICATION OF LAND CONVEYANCE, ENGINEER PROVING
GROUND, FORT BELVOIR, VIRGINIA.
(a) Consideration.--Subsection (b)(4) of section 2836 of
the Military Construction Authorization Act for Fiscal Year
2002 (division B of Public Law 107-107; 115 Stat. 1314) is
amended by striking ``, jointly determined'' and all that
follows through ``Ground'' and inserting ``equal to
$3,880,000''.
(b) Replacement of Fire Station.--Subsection (d) of such
section is amended--
(1) in paragraph (1)--
(A) by striking ``Building 5089'' and inserting ``Building
191''; and
(B) by striking ``paragraphs (2) and (3)'' and inserting
``paragraph (2)'';
(2) in paragraph (2), by striking ``Building 5089'' and
inserting ``Building 191''; and
(3) by striking paragraph (3).
SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER, BOTHELL,
WASHINGTON.
(a) Conveyance Authorized.--Subject to subsection (c), the
Secretary of the Army may convey to the Snohomish County Fire
Protection District #10 (in this section referred to as the
``Fire District'') all right, title, and interest of the
United States in and to a parcel of real property consisting
of approximately one acre at the Army Reserve Center in
Bothell, Washington, and currently occupied, in part, by the
Queensborough Firehouse for the purpose of supporting the
provision of fire and emergency medical aid services.
(b) In-Kind Consideration.--As consideration for the
conveyance under subsection (a), the Fire District shall
provide in-kind consideration acceptable to the Secretary
with a total value equal to not less than the fair market
value of the conveyed real property, as determined by the
Secretary.
(c) Reversionary Interest.--If the Secretary determines at
any time that the real property conveyed under subsection (a)
is not being used in accordance with the purpose of the
conveyance specified in such subsection, all right, title,
and interest in and to all or any portion of the property
shall revert, at the option of the Secretary, to the United
States, and the United States shall have the right of
immediate entry onto the property. Any determination of the
Secretary under this subsection shall be made on the record
after an opportunity for a hearing.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the Fire
District to cover costs to be incurred by the Secretary, or
to reimburse the Secretary for costs incurred by the
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 the Fire District.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(e) Exemption From Federal Screening.--The conveyance
authorized by subsection (a) is exempt from the requirement
to screen the property for other Federal use pursuant to
sections 2693 and 2696 of title 10, United States Code.
(f) 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.
(g) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.
PART 2--NAVY CONVEYANCES
SEC. 2841. LAND CONVEYANCE, MARINE CORPS AIR STATION,
MIRAMAR, SAN DIEGO, CALIFORNIA.
(a) Conveyance Authorized.--Subject to subsection (c), the
Secretary of the Navy may convey to the County of San Diego,
California (in this section referred to as the ``County'' ),
all right, title, and interest of the United States in and to
a parcel of real property, including any improvements thereon
and appurtenant easements thereto, consisting of
approximately 230 acres along the eastern boundary of Marine
Corps Air Station, Miramar, California, for the purpose of
removing the property from the boundaries of the installation
and permitting the County to preserve the property as public
open space and reopen the tract known as the Stowe Trail to
public use.
(b) Consideration.--
(1) In-kind consideration.--As consideration for the
conveyance under subsection (a), the County shall provide in-
kind consideration with a total value equal to not less than
the fair market value of the conveyed real property, as
determined by the Secretary.
(2) Types of consideration.--The in-kind consideration
provided by the County shall be in a form and quantity that
is acceptable to the Secretary, and may include the following
forms of in-kind consideration:
(A) Maintenance, protection, alteration, repair,
improvement, or restoration (including environmental
restoration) of property or facilities under the control of
the Secretary.
(B) Construction of new facilities for the Secretary.
(C) Provision of facilities for use by the Secretary.
(D) Facilities operation support for the Secretary.
(E) Provision of such other services as the Secretary
considers appropriate.
(3) Relation to other laws.--Sections 2662 and 2802 of
title 10, United states Code, shall not apply to any new
facilities whose construction is accepted as in-kind
consideration under this subsection.
(c) Reversionary Interest.--If the Secretary determines at
any time that the County is not using the property conveyed
under subsection (a) in accordance with the purpose of the
conveyance specified in such subsection, all right, title,
and interest in and to the property, including any
improvements thereon, shall revert, at the option of the
Secretary, to the United States, and the United States shall
have the right of immediate entry onto the property. Any
determination of the Secretary under this subsection shall be
made on the record after an opportunity for a hearing.
(d) Release of Reversionary Interest.--The Secretary shall
release, without consideration, the reversionary interest
retained by the United States under subsection (c) if--
(1) Marine Corps Air Station, Miramar, is no longer being
used for Department of Defense activities; or
(2) the Secretary determines that the reversionary interest
is otherwise unnecessary to protect the interests of the
United States.
(e) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the
County to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a) and
implement the receipt of in-kind consideration under
subsection (b), including appraisal costs, survey costs,
costs related to environmental documentation, and other
administrative costs related to the conveyance and receipt of
in-kind consideration.
(2) Treatment of amounts received.--Section 2695(c) of
title 10, United States Code, shall apply to any amounts
received by the Secretary under paragraph (1). If amounts are
received from the County in advance of the Secretary
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.
(f) Description of Property.--The exact acreage and legal
description of the real property to be conveyed by the
Secretary under subsection (a) shall be determined by a
survey satisfactory to the Secretary.
(g) Exemptions.--Section 2696 of title 10, United States
Code, does not apply to the conveyance authorized by
subsection (a), and the authority to make the conveyance
shall not be considered to render the property excess or
underutilized.
(h) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under this section as the Secretary
considers appropriate to protect the interests of the United
States.
PART 3--AIR FORCE CONVEYANCES
SEC. 2851. PURCHASE OF BUILD-TO-LEASE FAMILY HOUSING, EIELSON
AIR FORCE BASE, ALASKA.
(a) Authority to Purchase.--After the expiration of the
contract for the lease of a 300-unit military family housing
project at Eielson Air Force Base, Alaska, that was entered
into by the Secretary under the authority of former
subsection (g) of section 2828 of title 10, United States
Code (now section 2835 of such title), as added by section
801 of the Military Construction Authorization Act, 1984
(Public Law 98-115; 97 Stat. 782), the Secretary of the Air
Force may purchase the entire interest of the developer in
the military family housing project if the Secretary
determines that the purchase of the project is in the best
economic interests of the Air Force.
(b) Consideration.--The consideration paid by the Secretary
to purchase the interest of the developer in the military
family housing project under subsection (a) may not exceed
the fair market value of the military family housing project,
as determined by the Secretary.
(c) Congressional Notification.--If a decision is made to
purchase the interest of the developer in the military family
housing project under subsection (a), the Secretary shall
submit a report to the congressional defense committees on
that decision. The report shall include--
(1) the economic analyses used by the Secretary to
determine that purchase of the military family housing
project is in the best economic interests of the Air Force,
as required by subsection (a); and
(2) a schedule for, and an estimate of the costs and nature
of, any renovations or repairs that will be necessary to
ensure that all units in the military family housing project
meet current housing standards.
(d) Purchase Delay.--A contract to effectuate the purchase
authorized by subsection (a) may be entered into by the
Secretary only after the end of the 30-day period beginning
on the date the report required by subsection (c) is received
by the congressional defense committees or, if earlier, the
end of the 21-day period beginning on the date on which a
copy of the report is provided in an electronic medium
pursuant to section 480 of title 10, United States Code.
[[Page H3994]]
SEC. 2852. LAND CONVEYANCE, AIR FORCE PROPERTY, JACKSONVILLE,
ARKANSAS.
(a) Conveyance Authorized.--The Secretary of the Air Force
may convey to the City of Jacksonville, Arkansas (in this
section referred to as the ``City''), all right, title, and
interest of the United States in and to real property
consisting of approximately 45.024 acres around an existing
short line railroad in Pulaski County, Arkansas.
(b) Consideration.--As consideration for the conveyance
under subsection (a), the City shall pay to the United States
an amount equal to the fair market value of the conveyed real
property, as established by the assessment of the property
conducted under contract for the Corps of Engineers and dated
15 September 2003.
(c) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to the lease agreement dated
October 29, 1982, as amended, between the Secretary and the
Missouri Pacific Railroad Company (and its successors and
assigns) and any other easement, lease, condition, or
restriction of record, including streets, roads, highways,
railroads, pipelines, and public utilities, insofar as the
easement, lease, condition, or restriction is in existence on
the date of the enactment of this Act and lawfully affects
the conveyed property.
(d) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary shall require the City
to cover costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, costs related to environmental documentation,
and other administrative costs related to the conveyance. If
amounts are collected from the City in advance of the
Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the City.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover the costs incurred by
the Secretary in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or
account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in
such fund or account.
(e) Exemption From Federal Screening.--The conveyance
authorized by subsection (a) is exempt from the requirement
to screen the property for other Federal use pursuant to
sections 2693 and 2696 of title 10, United States Code.
(f) 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.
(g) 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 E--Other Matters
SEC. 2861. LEASE AUTHORITY, ARMY HERITAGE AND EDUCATION
CENTER, CARLISLE, PENNSYLVANIA.
Section 2866 of the National Defense Authorization Act for
Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1333) is
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e) Lease of Facility.--(1) Under such terms and
conditions as the Secretary considers appropriate, the
Secretary may lease portions of the facility to the Military
Heritage Foundation to be used by the Foundation, consistent
with the agreement referred to in subsection (a), for--
``(A) generating revenue for activities of the facility
through rental use by the public, commercial and nonprofit
entities, State and local governments, and other Federal
agencies; and
``(B) such administrative purposes as may be necessary for
the support of the facility.
``(2) The annual amount of consideration paid to the
Secretary by the Military Heritage Foundation for a lease
under paragraph (1) may not exceed an amount equal to the
actual cost, as determined by the Secretary, of the annual
operations and maintenance of the facility.
``(3) Amounts paid under paragraph (2) may be used by the
Secretary, in such amounts as provided in advance in
appropriation Acts, to cover the costs of operation of the
facility.''.
SEC. 2862. REDESIGNATION OF MCENTIRE AIR NATIONAL GUARD
STATION, SOUTH CAROLINA, AS MCENTIRE JOINT
NATIONAL GUARD BASE.
McEntire Air National Guard Station in Eastover, South
Carolina, shall be known and designated as ``McEntire Joint
National Guard Base'' in recognition of the use of the
installation to house both Air National Guard and Army
National Guard assets. Any reference to McEntire Air National
Guard Station in any law, regulation, map, document, record,
or other paper of the United States shall be considered to be
a reference to McEntire Joint National Guard Base.
SEC. 2863. ASSESSMENT OF WATER NEEDS FOR PRESIDIO OF MONTEREY
AND ORD MILITARY COMMUNITY.
Not later than April 7, 2006, the Secretary of Defense
shall submit to Congress an interim assessment of the current
and reasonable future needs of the Department of the Defense
for water for the Presidio of Monterey and the Ord Military
Community.
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
3101. National Nuclear Security Administration.
3102. Defense environmental management.
3103. Other defense activities.
3104. Defense nuclear waste disposal.
Subtitle B--Program Authorizations, Restrictions, and Limitations
3111. Reliable Replacement Warhead program.
3112. Report on assistance for a comprehensive inventory of Russian
nonstrategic nuclear weapons.
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 $9,100,852,000, to be
allocated as follows:
(1) For weapons activities, $6,455,744,000.
(2) For defense nuclear nonproliferation activities,
$1,515,239,000.
(3) For naval reactors, $786,000,000.
(4) For the Office of the Administrator for Nuclear
Security, $343,869,000.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out,
for weapons activities, the following new plant projects:
Project 06-D-140, project engineering and design, various
locations, $14,113,000.
Project 06-D-160, Facilities and Infrastructure
Recapitalization Program, project engineering and design,
various locations, $5,811,000.
Project 06-D-180, Defense Nuclear Nonproliferation Program
project engineering and design, National Security Laboratory,
Pacific Northwest National Laboratory, $5,000,000.
Project 06-D-401, Central Office Building 2, Bettis Atomic
Power Laboratory, West Mifflin, Pennsylvania, $7,000,000.
Project 06-D-402, replace fire stations no. 1 and no. 2,
Nevada Test Site, $8,284,000.
Project 06-D-403, Tritium Facility Modernization, Lawrence
Livermore National Laboratory, $2,600,000.
Project 06-D-404, Building B-3 remediation, restoration,
and upgrade, Nevada Test Site $16,000,000.
Project 06-D-601, electrical distribution system upgrade,
Pantex Plant, Amarillo, Texas, $4,000,000.
Project 06-D-602, gas main and distribution system upgrade,
Pantex Plant, Amarillo Texas, $3,700,000.
Project 06-D-603, steam plant life extension project, Y-12
national security complex, Oak Ridge, Tennessee, $729,000.
SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.
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 $6,311,433,000, to be
allocated as follows:
(1) For defense site acceleration completion,
$5,480,102,000.
(2) For defense environmental services, $831,331,000.
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 $635,998,000.
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 $351,447,000.
Subtitle B--Program Authorizations, Restrictions, and Limitations
SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.
(a) In General.--Subtitle A (50 U.S.C. 2521 et seq.) of
title XLVII of the Atomic Energy Defense Act is amended by
adding at the end the following new section:
``SEC. 4214. RELIABLE REPLACEMENT WARHEAD PROGRAM.
``(a) Program Required.--The Secretary of Energy, in
consultation with the Secretary of Defense, shall carry out a
program, to be known as the Reliable Replacement Warhead
program, to develop reliable replacement components that are
producible and certifiable for the existing nuclear weapons
stockpile.
``(b) Objectives.--The objectives of the Reliable
Replacement Warhead program shall be--
``(1) to increase the reliability, safety, and security of
the United States nuclear weapons stockpile;
``(2) to further reduce the likelihood of the resumption of
nuclear testing;
``(3) to remain consistent with basic design parameters by
using, to the extent practicable, components that are well
understood or are certifiable without the need to resume
underground nuclear testing;
``(4) to ensure that the United States develops a nuclear
weapons infrastructure that can respond to unforeseen
problems, to include the ability to produce replacement
warheads that are safer to manufacture, more cost-effective
to produce, and less costly to maintain than existing
warheads;
``(5) to achieve reductions in the future size of the
nuclear weapons stockpile based on increased reliability of
the reliable replacement warheads;
[[Page H3995]]
``(6) to use the design, certification, and production
expertise resident in the nuclear complex to develop reliable
replacement components to fulfill current mission
requirements of the existing stockpile; and
``(7) to serve as a complement to, and potentially a more
cost-effective and reliable long-term replacement for, the
current Stockpile Life Extension Programs.''.
(b) Report.--Not later than March 1, 2007, the Nuclear
Weapons Council shall submit to the congressional defense
committees a report on the feasibility and implementation of
the Reliable Replacement Warhead program required by section
4214 of the Atomic Energy Defense Act (as added by subsection
(a)). The report shall--
(1) identify existing warheads recommended for replacement
by 2035 with an assessment of the weapon performance and
safety characteristics of the replacement warheads;
(2) discuss the relationship of the Reliable Replacement
Warhead program within the Stockpile Stewardship Program and
its impact on the current Stockpile Life Extension Programs;
(3) provide an assessment of the extent to which a
successful Reliable Replacement Warhead program could lead to
reductions in the nuclear weapons stockpile;
(4) discuss the criteria by which replacement warheads
under the Reliable Replacement Warhead program will be
designed to maximize the likelihood of not requiring nuclear
testing, as well as the circumstances that could lead to a
resumption of testing;
(5) provide a description of the infrastructure, including
pit production capabilities, required to support the Reliable
Replacement Warhead program; and
(6) provide a detailed summary of how the funds made
available pursuant to the authorizations of appropriations in
this Act, and any funds made available in prior years, will
be used.
(c) Interim Report.--Not later than March 1, 2006, the
Nuclear Weapons Council shall submit to the congressional
defense committees an interim report on the matters required
to be covered by the report under subsection (b).
SEC. 3112. REPORT ON ASSISTANCE FOR A COMPREHENSIVE INVENTORY
OF RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.
(a) Findings.--Congress finds that--
(1) there is an insufficient accounting for, and
insufficient security of, the nonstrategic nuclear weapons of
the Russian Federation; and
(2) because of the dangers posed by that insufficient
accounting and security, it is in the national security
interest of the United States to assist the Russian
Federation in the conduct of a comprehensive inventory of its
nonstrategic nuclear weapons.
(b) Report.--
(1) Report required.--Not later than November 1, 2005, the
Secretary of Energy shall submit to Congress a report
containing--
(A) the Secretary's evaluation of past and current efforts
by the United States to encourage or facilitate a proper
accounting for and securing of the nonstrategic nuclear
weapons of the Russian Federation; and
(B) the Secretary's recommendations regarding the actions
by the United States that are most likely to lead to progress
in improving the accounting for, and securing of, those
weapons.
(2) Consultation with secretary of defense.--The report
under paragraph (1) shall be prepared in consultation with
the Secretary of Defense.
(3) Classification of report.--The report under paragraph
(1) shall be in unclassified form, but may be accompanied by
a classified annex.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2006, $22,032,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
3301. Authorized uses of National Defense Stockpile funds.
3302. Revision of fiscal year 1999 authority to dispose of certain
materials in the National Defense Stockpile.
3303. Revision of fiscal year 2000 authority to dispose of certain
materials in the National Defense Stockpile.
SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE
FUNDS.
(a) Obligation of Stockpile Funds.--During fiscal year
2006, the National Defense Stockpile Manager may obligate up
to $52,132,000 of the funds in the National Defense Stockpile
Transaction Fund established under subsection (a) of section
9 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98h) for the authorized uses of such funds under
subsection (b)(2) of such section, including the disposal of
hazardous materials that are environmentally sensitive.
(b) Additional Obligations.--The National Defense Stockpile
Manager may obligate amounts in excess of the amount
specified in subsection (a) if the National Defense Stockpile
Manager notifies Congress that extraordinary or emergency
conditions necessitate the additional obligations. The
National Defense Stockpile Manager may make the additional
obligations described in the notification after the end of
the 45-day period beginning on the date on which Congress
receives the notification.
(c) Limitations.--The authorities provided by this section
shall be subject to such limitations as may be provided in
appropriations Acts.
SEC. 3302. REVISION OF FISCAL YEAR 1999 AUTHORITY TO DISPOSE
OF CERTAIN MATERIALS IN THE NATIONAL DEFENSE
STOCKPILE.
(a) Required Receipts From Disposals.--Section 3303(a) 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 Fiscal Year 2005 (Public Law
108-375; 118 Stat. 2193), is amended by striking paragraph
(5) and inserting the following new paragraph:
``(5) $1,000,000,000 by the end of fiscal year 2011.''.
(b) Effect of Amendment.--The amendment made by subsection
(a) will result in the continued disposal of certain
materials in the National Defense Stockpile after September
30, 2005, pursuant to the disposal authority provided by
section 3303 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999, and allow the
National Defense Stockpile Manager to take advantage of
favorable market conditions for the sales of several of the
materials authorized for disposal, such as tungsten ferro,
tungsten metal power, and tungsten ores and concentrates.
SEC. 3303. REVISION OF FISCAL YEAR 2000 AUTHORITY TO DISPOSE
OF CERTAIN MATERIALS IN THE NATIONAL DEFENSE
STOCKPILE.
Section 3402(b) of the National Defense Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 50 U.S.C. 98d note),
as amended by section 3302 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136;
117 Stat. 1788), is amended by striking paragraph (4) and
inserting the following new paragraph:
``(4) $550,000,000 by the end of fiscal year 2011.''.
TITLE XXXIV--NAVAL PETROLEUM RESERVES
3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $18,500,000 for fiscal year 2006
for the purpose of carrying out activities under chapter 641
of title 10, United States Code, relating to the naval
petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
TITLE XXXV--MARITIME ADMINISTRATION
3501. Authorization of appropriations for fiscal year 2006.
3502. Payments for State and regional maritime academies.
3503. Maintenance and repair reimbursement pilot program.
3504. Tank vessel construction assistance.
3505. Improvements to the Maritime Administration vessel disposal
program.
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
2006.
Funds are hereby authorized to be appropriated for fiscal
year 2006, to be available without fiscal year limitation if
so provided in appropriations Acts, for the use of the
Department of Transportation for the Maritime Administration
as follows:
(1) For expenses necessary for operations and training
activities, $113,650,000, of which $10,000,000 shall be
available only for paying reimbursement under section 3517 of
the National Defense Authorization Act for Fiscal Year 2004,
as amended by section 3503 of this Act.
(2) For administrative expenses related to loan guarantee
commitments under the program authorized by title XI of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.),
$3,526,000.
(3) For expenses to dispose of obsolete vessels in the
National Defense Reserve Fleet, including provision of
assistance under section 7 of Public Law 92-402, $21,000,000.
SEC. 3502. PAYMENTS FOR STATE AND REGIONAL MARITIME
ACADEMIES.
(a) Annual Payment.--Section 1304(d)(1)(C)(ii) of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1295c(d)(1)(C)(ii))
is amended by striking ``$200,000'' and inserting ``$300,000
for fiscal year 2006, $400,000 for fiscal year 2007, and
$500,000 for fiscal year 2008 and each fiscal year
thereafter''.
(b) School Ship Fuel Payment.--Section 1304(c)(2) of the
Merchant Marine Act, 1936 (46 App. U.S.C. 1295c(c)(2)) is
amended--
(1) by striking ``The Secretary may pay to any State
maritime academy'' and inserting ``(A) The Secretary shall,
subject to the availability of appropriations, pay to each
State maritime academy''; and
(2) by adding at the end the following:
``(B) The amount of the payment to a State maritime academy
under this paragraph shall not exceed--
``(i) $100,000 for fiscal year 2006;
``(ii) $200,000 for fiscal year 2007; and
``(iii) $300,000 for fiscal year 2008 and each fiscal year
thereafter.''.
SEC. 3503. MAINTENANCE AND REPAIR REIMBURSEMENT PILOT
PROGRAM.
Section 3517 of the National Defense Authorization Act for
Fiscal Year 2004 (46 U.S.C. 53101 note) is amended--
(1) in subsection (a)(1) by striking ``may'' each place it
appears and inserting ``shall'';
(2) in subsection (a)(2) by striking ``Limitation.--The
Secretary may not'' and inserting ``Requirement of
Agreement.--The Secretary shall, subject to the availability
of appropriations,'';
(3) in subsection (d)(2) by striking ``80 percent of''; and
(4) by amending subsection (g) to read as follows:
``(g) Annual Report.--The Secretary shall submit a report
to the Congress each year on the program under this section.
The report shall include a listing of future inspection
schedules for all vessels included in the Maritime Security
Fleet established by chapter 531 of title 46, United States
Code.''.
[[Page H3996]]
SEC. 3504. TANK VESSEL CONSTRUCTION ASSISTANCE.
(a) Requirement to Enter Contracts.--Section 3543(a) of the
National Defense Authorization Act for Fiscal Year 2004 (46
U.S.C. 53101 note) is amended by striking ``may'' and
inserting ``shall, to the extent of the availability of
appropriations,''.
(b) Amount of Assistance.--Section 3543(b) of the National
Defense Authorization Act for Fiscal Year 2004 (46 U.S.C.
53101 note) is amended by striking ``up to 75 percent of''.
SEC. 3505. IMPROVEMENTS TO THE MARITIME ADMINISTRATION VESSEL
DISPOSAL PROGRAM.
(a) Comprehensive Management Plan.--
(1) Requirement to develop plan.--The Secretary of
Transportation shall prepare, publish, and submit to the
Congress by not later than 120 days after the date of the
enactment of this Act a comprehensive plan for management of
the vessel disposal program of the Maritime Administration in
accordance with the recommendations made in the Government
Accountability Office in report number GAO-05-264, dated
March 2005.
(2) Contents of plan.--The plan shall--
(A) include a strategy and implementation plan for disposal
of obsolete Maritime Administration vessels (including
vessels added to the fleet after the enactment of this Act)
in a timely manner, maximizing the use of all available
disposal methods, including dismantling, use for artificial
reefs, donation, and Navy training exercises;
(B) identify and describe the funding and other resources
necessary to implement the plan, and specific milestones for
disposal of vessels under the plan;
(C) establish performance measures to track progress toward
achieving the goals of the program, including the expeditious
disposal of ships commencing upon the date of the enactmemt
of this Act;
(D) develop a formal decisionmaking framework for the
program; and
(E) identify external factors that could impede successful
implementation of the plan, and describe steps to be taken to
mitigate the effects of such factors.
(b) Implementation of Management Plan.--
(1) Requirement to implement.--The Secretary shall
implement the vessel disposal program of the Maritime
Administration in accordance with--
(A) the management plan submitted under subsection (a); and
(B) the requirements set forth in paragraph (2).
(2) Utilization of domestic sources.--In the procurement of
services under the vessel disposal program of the Maritime
Administration, the Secretary shall--
(A) use full and open competition; and
(B) utilize domestic sources to the maximum extent
practicable.
(c) Failure to Submit Plan.--
(1) Private management contract for disposal of maritime
administration vessels.--The Secretary of Transportation,
subject to the availability of appropriations, shall promptly
award a contract using full and open competition to
expeditiously implement all aspects of disposal of obsolete
vessels of the Maritime Administration.
(2) Application.--This subsection shall apply beginning 120
days after the date of the enactment of this Act, unless the
Secretary of Transportation has submitted to the Congress the
comprehensive plan required under subsection (a)
(d) Temporary Authority to Transfer Obsolete Combatant
Vessels to Navy for Disposal.--The Secretary of
Transportation shall, subject to the availability of
appropriations and consistent with section 1535 of title 31,
United States Code, popularly known as the Economy Act,
transfer to the Secretary of the Navy during fiscal year 2006
for disposal by the Navy, no fewer than 4 combatant vessels
in the nonretention fleet of the Maritime Administration that
are acceptable to the Secretary of the Navy.
The Acting CHAIRMAN. No amendment to the committee amendment in the
nature of a substitute shall be in order except those printed in House
Report 109-96 and amendments en bloc described in section 3 of House
Resolution 293.
Each amendment printed in the report shall be offered only in the
order printed, except as specified in section 4 of the resolution, may
be offered only by a Member designated in the report, shall be
considered read, and shall not be subject to a demand for division of
the question. Each amendment shall be debatable as specified in the
report, equally divided and controlled by the proponent and an
opponent, and shall not be subject to amendment, except that the
chairman and ranking minority member of the Committee on Armed Services
each may offer one pro forma amendment for the purpose of further
debate on any pending amendment.
It shall be in order at any time for the chairman of the Committee on
Armed Services or his designee to offer amendments en bloc consisting
of amendments printed in the report not earlier disposed of. Amendments
en bloc shall be considered read, shall be debatable for 40 minutes,
equally divided and controlled by the chairman and ranking minority
member or their designees, shall not be subject to amendment, and shall
not be subject to a demand for division of the question.
The original proponent of an amendment included in amendments en bloc
may insert a statement in the Congressional Record immediately before
disposition of the amendments en bloc.
The Chairman of the Committee of the Whole may recognize for
consideration of any amendment printed in the report out of the order
printed, but not sooner than 1 hour after the chairman of Armed
Services or a designee announces from the floor a request to that
effect.
It is now in order to consider amendment No. 20 printed in House
Reports 109-96.
Amendment No. 20 Offered by Mr. Goode
Mr. GOODE. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 20 offered by Mr. Goode:
At the end of subtitle D of title X (page 372, after line
8), add the following new section:
SEC. 1035. ASSIGNMENT OF MEMBERS OF THE ARMED FORCES TO
ASSIST BUREAU OF BORDER SECURITY AND BUREAU OF
CITIZENSHIP AND IMMIGRATION SERVICES OF THE
DEPARTMENT OF HOMELAND SECURITY.
(a) Assignment Authority of Secretary of Defense.--Chapter
18 of title 10, United States Code, is amended by inserting
after section 374 the following new section:
``Sec. 374a. Assignment of members to assist border patrol
and control
``(a) Assignment Authorized.--Upon submission of a request
consistent with subsection (b), the Secretary of Defense may
assign members of the Army, Navy, Air Force, and Marine Corps
to assist--
``(1) the Bureau of Border Security of the Department of
Homeland Security in preventing the entry of terrorists, drug
traffickers, and illegal aliens into the United States; and
``(2) the United States Customs Service of the Department
of Homeland Security in the inspection of cargo, vehicles,
and aircraft at points of entry into the United States to
prevent the entry of weapons of mass destruction, components
of weapons of mass destruction, prohibited narcotics or
drugs, or other terrorist or drug trafficking items.
``(b) Request for Assignment.--The assignment of members
under subsection (a) may occur only if--
``(1) the assignment is at the request of the Secretary of
Homeland Security; and
``(2) the request is accompanied by a certification by the
Secretary of Homeland Security that the assignment of members
pursuant to the request is necessary to respond to a threat
to national security posed by the entry into the United
States of terrorists, drug traffickers, or illegal aliens.
``(c) Training Program Required.--The Secretary of Homeland
Security and the Secretary of Defense, shall establish a
training program to ensure that members receive general
instruction regarding issues affecting law enforcement in the
border areas in which the members may perform duties under an
assignment under subsection (a). A member may not be deployed
at a border location pursuant to an assignment under
subsection (a) until the member has successfully completed
the training program.
``(d) Conditions of Use.--(1) Whenever a member who is
assigned under subsection (a) to assist the Bureau of Border
Security or the United States Customs Service is performing
duties at a border location pursuant to the assignment, a
civilian law enforcement officer from the agency concerned
shall accompany the member.
``(2) Nothing in this section shall be construed to--
``(A) authorize a member assigned under subsection (a) to
conduct a search, seizure, or other similar law enforcement
activity or to make an arrest; and
``(B) supersede section 1385 of title 18 (popularly known
as the `Posse Comitatus Act').
``(e) Establishment of Ongoing Joint Task Forces.--(1) The
Secretary of Homeland Security may establish ongoing joint
task forces if the Secretary of Homeland Security determines
that the joint task force, and the assignment of members to
the joint task force, is necessary to respond to a threat to
national security posed by the entry into the United States
of terrorists, drug traffickers, or illegal aliens.
``(2) If established, the joint task force shall fully
comply with the standards as set forth in this section.
``(f) Notification Requirements.--The Secretary of Homeland
Security shall provide to the Governor of the State in which
members are to be deployed pursuant to an assignment under
subsection (a) and to local governments in the deployment
area notification of the deployment of the members to assist
the Department of Homeland Security under this section and
the types of tasks to be performed by the members.
``(g) Reimbursement Requirement.--Section 377 of this title
shall apply in the case of members assigned under subsection
(a).''.
(b) Commencement of Training Program.--The training program
required by
[[Page H3997]]
subsection (b) of section 374a of title 10, United States
Code, shall be established as soon as practicable after the
date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 374 the following new item:
``374a. Assignment of members to assist border patrol and control.''.
The Acting CHAIRMAN. Pursuant to House Resolution 293, the gentleman
from Virginia (Mr. Goode) and a Member opposed each will control 15
minutes.
The Chair recognizes the gentleman from Virginia (Mr. Goode).
Mr. GOODE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, this amendment would permit military personnel to
secure America's borders. It authorizes, but does not require the
Secretary of Defense to utilize members of the Army, Navy, Air Force,
Marine Corps and Reserves under certain circumstances and subject to
certain conditions to assist the Department of Homeland Security upon
the request of the Department of Homeland Security in the performance
of its border functions.
This amendment has passed in the two previous Congresses, and prior
to my offering this amendment in the past two Congresses, it was
offered by other Members and it has passed the House, but has not
survived conference. I hope this year it will pass the House and then
survive a conference.
I want to emphasize, this is an authorization measure so that the
Department of Homeland Security and the Department of Defense would not
be subject to posse comitatus charges if they utilize this in a
nonemergency situation.
This simply makes it clear that if the Secretary of Homeland Security
requests of the Secretary of Defense the utilization of forces to
assist the border patrol in combating illegal drugs, combating illegal
immigration or to reduce the threat of terrorism, that authority exists
and it would not require the declaring of a national emergency by the
executive branch.
Mr. Chairman, I reserve the balance of my time.
Mr. REYES. Mr. Chairman, I claim time in opposition to the amendment.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise today to express strong opposition to my good
friend, the gentleman from Virginia (Mr. Goode's) amendment.
I understand his concern. There has been a lot of talk both on the
floor of Congress, throughout the country about border control. I
understand the need to increase enforcement along our borders to
protect against terrorism and drug trafficking.
Mr. Chairman, as a former Border Patrol agent with 26\1/2\ years'
experience along our Nation's border, I know firsthand the difficulties
that we have protecting our borders. But I also know that what we need
are more trained law enforcement professionals, not military forces
and, most certainly, not untrained civilians and vigilantes.
I know how difficult it is to secure our Nation's borders and the
need for additional resources; however, this amendment is the wrong
solution to our current problem along the border. The military has been
more than willing to provide assistance to law enforcement already,
but, Mr. Chairman, let me just for the record state that the Department
of Defense opposes this amendment.
The Department of Homeland Security needs more border patrol agents,
not troops on the border. The President already has the constitutional
authority to deploy troops, as necessary, during a national emergency.
There is no reason for this amendment.
{time} 1330
We have recently authorized an additional 1,500 border agents and
have funded those 1,500 border agents.
Last August, we passed the intelligence reform legislation that has a
provision for 2,000 border patrol agents per year for the next 5 years.
That is the solution, in my opinion, that we need: professional trained
Spanish-speaking border patrol agents that know and understand the
challenge they face.
Our military today is already stressed. Just last month, the U.S.
Army told us that their recruitment was down some 42 percent. We do not
have the forces, we do not have the Reserves, and we do not have the
National Guard because of the commitments overseas.
Mr. Chairman, I reserve the balance of my time.
Mr. GOODE. Mr. Chairman, I yield 3 minutes to the gentlewoman from
North Carolina (Ms. Foxx).
Ms. FOXX. Mr. Chairman, I rise today in strong support of the Goode
amendment. The terrorist attacks on our homeland highlighted the
potential disastrous effects of porous borders and the need to bolster
border security. While we continue to fight the war on terror overseas,
we cannot neglect our homeland and must increase our efforts at
fighting terrorism at home by controlling immigration and strengthening
our borders.
The defense authorization bill we are considering today makes
excellent progress in setting funding levels for our troops and staging
the war on terror overseas, but cannot and should not neglect our
borders here at home. The Goode amendment will protect terrorists,
illegal immigrants, and drug traffickers from entering the country.
Mr. Chairman, border security cannot be taken too seriously. I urge
my colleagues to support the Goode amendment so we can continue
fighting terror in the streets of Baghdad and in the mountains of
Afghanistan rather than in our cities and communities. We must increase
our efforts at achieving closed borders with open, guarded doors.
The Goode amendment helps accomplish that goal and supplements the
greater objectives of the national defense authorization bill we are
considering today. Without the Goode amendment, the authorization bill
is incomplete and its goals are unmet.
In fighting the war on terror overseas, we have made our Nation and
indeed the whole world a much safer place. Let us make sure we continue
to build on that historic progress by protecting our homeland and
defending our borders, when necessary. Vote for the Goode amendment and
for the passage of the defense authorization bill.
Mr. REYES. Mr. Chairman, I yield 4 minutes to the gentleman from
Texas (Mr. Ortiz), a former sheriff who knows and understands border
issues.
Mr. ORTIZ. Mr. Chairman, I oppose the provision regarding troops on
the border. Our servicemen and -women are simply spread too thin. But
one of the things that we need to remember is that we are in Iraq
fighting a war in order not to fight in our homeland; that we need to
fight the terrorists in Iraq. Well, just from the beginning of the year
to today, we have had over 17,000 OTMs, other than Mexicans; and most
of them are from Brazil. If you go to Brazil, you do not need a visa to
go into Mexico.
It is good to see that we have given the border patrol 1,500 more
border patrolmen, but we have no detention centers. If you have no
detention centers, the illegals come in knowing one thing: when they
come to the border, they turn themselves in to the border patrol. And
you know what they ask for? I want my walking papers. I am not a
Mexican; I can stay here, and I can appear before a judge.
I would like to engage my good friend, the gentleman from Texas (Mr.
Reyes), for a few moments because he was the border patrol sector chief
in McAllen. Not only that, we are beginning to see gangs coming in, the
Mara Salvatrucha gang, and many other people. And unless we build
detention centers, they are going to continue to come. My friend has
talked to some of the border patrol officers down in the McAllen
sector.
Mr. REYES. Mr. Chairman, will the gentleman yield?
Mr. ORTIZ. I yield to the gentleman from Texas.
Mr. REYES. Mr. Chairman, we have been in contact with border patrol
agents that currently are telling us that they are demoralized. Because
if you are an other-than-Mexican undocumented individual, you can come
in. We have instances where they are actually flagging down our border
patrol agents and they are asking local residents to call the border
patrol so they can get what they call their permiso, or their permit,
to be able to travel anywhere in the United States.
This is an abuse of our immigration laws, and it is all because we
will not
[[Page H3998]]
fund and we will not establish temporary detention facilities. When I
was chief in McAllen sector, we had the same situation in the mid-
1980s, where we had Central Americans coming in to the country. I was
told that my agents were to issue I-210 letters, which is that permiso,
that permit, they want today and wanted in the mid-1980s. I said, no,
we are going to arrest them, and we are going to detain them.
We put together a plan. We put temporary detention facilities down in
south Texas, and guess what, Mr. Chairman? It worked. They stopped
coming. And more importantly, Mexico had to become engaged to make sure
that people coming from Central America did not come into Mexico and
create difficulties for them.
There is a solution, my colleagues, to this issue. The solution is
enforcing our laws. If we put military on the border, all they are
going to be doing is refer these undocumented other-than-Mexican aliens
to the border patrol so they can be issued another permit to go
anywhere in the country that they want. Does that make sense? Is that
what we want to use our military for, just the equivalent of tour
guides, referring illegals to the border patrol for issuing of a permit
so they can go anywhere in the country?
Mr. ORTIZ. Reclaiming my time, Mr. Chairman, I just want to say
something. We have had experience. About 12 years ago, we had 57,000
individuals, illegal, come from Central America when Attorney General
Meese said if you fear for your life, come to the United States. My
colleagues, we had to put up tents, and my colleague from Texas
remembers that; 57,000. It impacts on your infrastructure, on your
highways, on everything else.
So this is one of the reasons I oppose this bill. We need to build
detention centers, otherwise the problem will never be solved.
Mr. GOODE. Mr. Chairman, how much time remains on each side?
The Acting CHAIRMAN (Mr. Bass). The gentleman from Virginia (Mr.
Goode) has 11 minutes remaining, and the gentleman from Texas (Mr.
Reyes) has 7\1/2\ minutes.
Mr. GOODE. Mr. Chairman, I yield 4\1/2\ minutes to the gentleman from
Arizona (Mr. Hayworth).
Mr. HAYWORTH. Mr. Chairman, I rise in strong support of the Goode
amendment, and I do so with the utmost respect for the preceding
speakers on the other side of the aisle. Because in pointing out the
symptoms and the challenges of the problems we confront on our border,
rather than arguing against the amendment, as is the intent of my
friends from Texas, in fact they are bolstering the argument for the
very reason we should support this amendment.
Here is why, Mr. Chairman. National security and border security are
one and the same. As my colleagues from Texas, who share a common
border as I do in my home State in Arizona, as we share a common border
with the Republic of Mexico, I would remind my colleagues that to our
north there is a border stretching with Canada that is close to 8,000
miles, when you take a look at all the ins and outs. So it is not
directed absolutely at our neighbors in the south. There is a danger to
our north.
This has little to do with morale or professionalism of border patrol
agents. Instead, it has to do with the incredible job we ask our border
patrol to do across that vast northern border and across our important
southern border. It is because of the tenor of the times, in the wake
of 9/11, and, Mr. Chairman, precisely because of what we heard our
former colleague, Mr. Goss of Florida, now Director of the Central
Intelligence Agency, say in an open session to a committee in the other
body, that his greatest concern is the introduction of some sort of
weapon or some hostile action taken by those crossing our porous
borders.
My colleagues from Texas just pointed out, in terms of those other-
than-Mexicans coming across our southern border, and as the Director of
the FBI confirmed to a subcommittee of this House, there are
individuals coming in to this Nation through our southern border who
are coming from nations that export Islamofascism and terrorism and
they are adopting Hispanic-sounding surnames as their aliases. And my
good friend, the gentleman from Texas (Mr. Ortiz), took a direct hand
in pointing out those who are involved in creating security risks along
our border. He mentioned the threat of the MS-13 gangs and all that is
going on.
My colleagues, the Goode amendment is needed now more than ever. And
I say that as one from a border State who stood in opposition to
amendments of this type during my previous years in Congress. But the
bottom line, Mr. Chairman, is this: yes, we have troops in the field;
we have troops far from home fighting on the streets of Tikrit so we do
not see a fight on the streets of Tucson; fighting on the streets of
Baghdad so we do not see this on the streets of Boston.
But by the same token, 1 week ago, when we discussed the challenges
that we were confronting in terms of border security and national
security, I would suggest that a vacuum exists, because we hear so much
debate in this House about resources for first responders.
Mr. Chairman, I would recommend and I would suggest that there is an
interim vacuum that we should take into account. Not only are men and
women in uniform on the offensive around the world in a global war on
terror, but we also must deal with the ability of the Secretary of
Defense in coordination with the Secretary of the Department of
Homeland Security to utilize our military personnel. If we had in place
the adequate manpower and resources for first defenders on our borders,
perhaps the first responders would not be needed.
Mr. Chairman, I respect my colleagues from Texas. I understand their
concerns. Indeed, there is much on this topic where we have agreement.
We understand the danger we confront. But we have seen the results of
force multiplication, or at least the presence of American citizens on
the border in my home State. Force multiplication, and another option
here is what is needed. Support the Goode amendment.
Mr. REYES. Mr. Chairman, I yield myself such time as I may consume to
remind my friend from Arizona that the Department of Defense opposes
this amendment, and the President already has the constitutional
authority.
Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Minnesota
(Mr. Kline), who is, coincidentally, from the northern border that the
gentleman from Arizona was just speaking about and who is a member of
our committee.
Mr. KLINE. Mr. Chairman, I thank my friend for yielding me this time,
and I rise in opposition to the amendment put forward by my good
friend, the gentleman from Virginia (Mr. Goode). While I support his
intention with all my heart to provide increased border security to our
Nation, I would remind my colleagues that we have been taking action in
this Congress, and will take more, to increase the number of border
patrol, and as my friend, the gentleman from Texas, said, to pass a
REAL ID Act, and to take steps where professional law enforcement
officials are stepping up to provide security for our borders.
I oppose this amendment because of my fear of what it does to our
Armed Forces at a time when we are stretched incredibly thin. I think
back to my days on active duty, and my son's service now on active
duty, and how hard they are training for this war on terror, how much
time they are spending deployed, and to think we are now going to ask
more of them.
My colleague from Arizona mentioned 8,000 miles of border. I am
afraid that in our eagerness to defend the border, we will call more
and more on our men and women in the Armed Forces and put them in a
very untenable position where they are poorly trained to do a job that
should be done by professional law enforcement officers and taking them
away from their primary mission and stretching them ever thinner in
their primary duties. So, reluctantly, I oppose this amendment.
{time} 1345
Mr. GOODE. Mr. Chairman, I yield myself such time as I may consume.
Just to comment briefly, this amendment does not require forces on
the border, it simply authorizes the Department of Homeland Security
and the Department of Defense to utilize them if necessary to
supplement the border control, and they have to be trained.
This amendment is a message-sender to tell the world we are serious
about
[[Page H3999]]
illegal immigration, drug trafficking and the threat of terrorism
coming across the border.
Mr. Chairman, I yield 2 minutes to the gentleman from Iowa (Mr.
King).
Mr. KING of Iowa. Mr. Chairman, I appreciate the gentleman from
Virginia (Mr. Goode) for yielding me this time and for bringing this
amendment before this Chamber.
We look at our borders of this Nation. No nation without borders can
be a sovereign nation. Without borders, you have no nation. We have
borders that are absolutely porous, and we are hearing from the
criticizing media that we cannot control the borders between Iraq and
Syria, between Iraq and Iran. What about controlling the borders
between the United States of America and our neighbors to the south and
to the north?
We know we have troops that are training all over this country at
bases around America and around the world. We also know it is good for
morale to be engaged in something that is meaningful. What better
terrain than, particularly, our southern border where coffee-stain
camouflage matches that terrain as well as it does the terrain they are
in in Iraq today.
We are dealing with this giant haystack of illegal immigration, and
we have a policy that says we are going to look for OTMs and terrorists
and criminals. And we have 8 or 12 or 14 million illegals that have
come across the border and live in this country today, or more; and
that number is so great, we stopped 1,139,000 from coming across the
border in the past year. That is how many we caught.
Most people will tell you that two out of every three make it
through. So out of that number and that huge haystack of 3 million or
more pouring across our borders, we are going to reach in and find the
needles, the terrorists or criminals or OTMs? I do not think so.
I think this Nation has to mobilize the resources that is has,
consistent with the Goode amendment, training the military, put them on
the border not as a protection force that is going to draw from our
national security at other places in the world, but put them where they
can protect our national security while they train to be deployed
elsewhere as well.
The Minute Men that stood on the border set that standard, and I
think the United States military can follow through.
Mr. REYES. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I remind my good friend, the gentleman from Iowa (Mr.
King), that the Department of Defense is opposed to this amendment. The
President already has the authority.
Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from California
(Mr. Filner).
Mr. FILNER. Mr. Chairman, as California's border Congressman, I rise
to oppose this amendment.
I am amazed at some of the arguments supporting this amendment.
Members who agree that we need more security on the border, yet every
one of them voted for a budget that only had 10 percent of the border
patrol increase that this Congress has authorized. So they talk about
more border patrol, but they voted for a budget that did not include
it!
Mr. Chairman, I would not vote for an amendment that militarizes my
colleagues' districts, and I urge my colleagues to oppose the amendment
aimed at militarizing my district on the California-Mexico border.
We have a highly trained military. It is the best in the world, but
it is not trained to perform domestic security duties. It is not
trained to go on patrol in my neighborhood. It is trained to pursue and
kill foreign enemies, not to check if visas have expired.
We do need more border security, but we should give the border patrol
the support they need to do the job. They are the professionals. Let us
give them the critical manpower and equipment they need. Let us invest
in 21st century technology.
The gentleman from Iowa (Mr. King) talked about a haystack. As our
border patrol looks for the dangerous needle in the haystack, we can
use technology to make that haystack smaller. Let us pass more support
for the border patrol, let us pass comprehensive immigration reform.
Let us allow the border patrol and other homeland security officials to
focus on the real dangers to our national security.
We must have a secure and efficient border, but do not confuse
immigrants with terrorists, and do not send the Army into my
neighborhood. The Goode amendment is bad!
Mr. GOODE. Mr. Chairman, I yield myself such time as I may consume.
I would point out to the gentleman from California, I did vote for
his motion to recommit to increase funding to add more border patrol
officers. This is simply an authorization measure to allow the United
States, if the Department of Homeland Security and if the Department of
Defense thought necessary, to utilize forces to supplement the border
control.
There are troops on the border today, but they are not U.S. troops,
they are Mexican troops. We should certainly allow, not mandate, just
give the permission for our troops to be there and not have them
violate posse comitatus.
Mr. Chairman, I yield 2 minutes to the gentleman from North Carolina
(Mr. Jones).
Mr. JONES of North Carolina. Mr. Chairman, I want to say to the
gentlemen on the other side, I do not have two better friends than the
two gentlemen handling the opposition to this, but this is not about
anything except responding to the people of America who are concerned
about what is happening at our borders. I support my good friend from
Virginia because, as the gentleman says, this is an authorization bill.
But I can say to Members today, the American people are fed up, tired
about the fact we have between 8,000 and 10,000 illegal aliens coming
across the border each and every week. People in this country feel we
are not doing our job as elected officials in Washington, D.C.
I have one of the best staffs in eastern North Carolina, in the State
of North Carolina, of helping people who want to come to this country
legally. We do everything we can to help them. But what the Goode
amendment is proposing is absolutely a national security issue. It is
no more or no less than national security.
How in the world, when we have terrorists that are planting
themselves down in Central and South America, and we have had this told
to us on the Committee on Armed Services, we know this is happening;
how can we not say to the American people that their security is of the
utmost importance?
I heard the gentleman from Minnesota (Mr. Kline), whom I have great
respect for, talking about our troops being stressed. I would say to
the gentleman from Minnesota (Mr. Kline), we need to start bringing
those troops back from Iraq, but that is not the debate here today. The
debate here today is the fact that we need to do what the American
people think we were sent here for, and that is to represent their
interests.
I was so disappointed when the President of the United States called
the ``Minute Men'' in Arizona ``vigilantes.'' I would tell Members that
in the Third Congressional District of North Carolina, where we have
60,000 retired military, those men that served on that border did not
do anything but help those who came here illegally go back without any
threat to them. Those men that stood on the borders of Arizona, they
are, in the Third District of North Carolina, heroes.
I say that to the President.
I hope we will support the Goode amendment because we should care
about the national security of America.
Mr. REYES. Mr. Chairman, I yield myself such time as I may consume.
I would say to the gentleman from North Carolina (Mr. Jones) that I
have the utmost respect for him, but I would remind the gentleman that
it is poor public policy to allow citizens to take the law into their
own hands, whether it is Arizona or not.
Mr. Chairman, I yield 1 minute to the gentleman from Texas (Mr.
Hinojosa), who represents a border district.
Mr. HINOJOSA. Mr. Chairman, I rise in opposition to the Goode
amendment. As a Member whose district lies along the U.S.-Mexico
border, I understand my colleague's frustration with our inability to
stop illegal immigration. However, placing military troops on the
border is not the solution. Border patrol agents are highly trained to
handle the jobs of border security, as has been stated this afternoon.
[[Page H4000]]
Mr. Chairman, we need to be providing more funding to hire more
border patrol personnel. We also need to provide more detention space
facilities for immigrants who are apprehended, but we do not have the
money to build them. The Homeland Security bill, which we passed last
week, takes steps in this direction, although I wish it would have gone
further.
We will never stop illegal immigration until this country has a
comprehensive, realistic immigration policy. I urge the gentleman from
Virginia (Mr. Goode) to support immigration reform legislation that has
been introduced by the gentleman from Arizona (Mr. Kolbe), the
gentleman from Arizona (Mr. Flake) and the gentleman from Illinois (Mr.
Gutierrez).
When we are already facing military recruitment shortages, when our
National Guard and Reserves are going into their second year of active
service, when this bill will remove thousands of women from support
positions and when commanders in Iraq and Afghanistan are crying out
for more troops, we do not need to be giving our military the
additional mission of securing our borders.
I urge my colleagues to oppose the amendment.
Mr. GOODE. Mr. Chairman, I yield 30 seconds to the gentleman from
California (Chairman Hunter).
Mr. HUNTER. Mr. Chairman, I want to say, we all know one thing in
this House Chamber, those who know the record of the gentleman from
Texas (Mr. Reyes), he is the finest border patrol chief probably in the
history of our country. He has done a wonderful job.
We are on opposite sides of this vote. I think the gentleman pointed
out very clearly one reason we can be on opposite sides of this vote,
and that is, this is a permission which, arguably, the President
already has. It is not a mandate; it is a permission. I would
contemplate this would only be used in extraordinary circumstances.
Nonetheless, it is a resource that the Department of Homeland
Security should have at their disposal should they need it for some
exigency in the future.
I want to support the Goode amendment, as I have historically. I
thank Members on both sides for a very high-level debate.
Mr. REYES. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Texas (Ms. Jackson-Lee), the ranking member on the Subcommittee on
Immigration.
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Chairman, it should be known that the
gentleman from Texas (Mr. Reyes) has years of very profound experience,
serving our country not only in the United States military, but
certainly as a border patrol agent and certainly a leader in that
particular profession.
Let me suggest to my colleagues that albeit there is a crisis and a
need for Federal intervention on immigration, I would join my
colleagues and ask that we join it in comprehensive immigration reform,
legislative initiatives that have been offered by the Senate and the
House. I have just introduced a Save America comprehensive immigration
reform bill; and frankly, if we would fund fully border patrol agents
and ICE agents, the problem would be solved.
Putting military at the borders is a violation of the Posse Comitatus
Act of 1878, and it misuses our military whose basic training is
defense and shoot to kill. Migrants and immigrants are not enemy
combatants. And, frankly, if you come to the border of Texas where
people live in harmony, those who happen to look possibly alike,
illegal immigrants, there is a great possibility of danger, danger to
the soldiers and danger to those civilians.
Border patrol agents are serving our country. In fact, in testimony
yesterday before our Subcommittee on Homeland Security, when I spoke to
one of their representatives, he indicated what is the sense of
training military personnel who are temporarily in the United States
Army or Marines, and then lose or eliminate that training by them
leaving the service and losing the investment, where you would have
border patrol agents who have the long-term investment.
Mr. Chairman, yes, this sounds great and it has an emotional appeal
as we go toward Memorial Day, but I have the greatest respect and honor
for the United States military as they fight to defend this Nation. To
use them in a civilian capacity that is the responsibility of the
Federal Government is an outrage and should not be done.
Let us work together harmoniously to secure the American borders in
the right way, and let us allow the United States military to serve
their Nation and defend this country in the way that they have been
trained to do it, not water down their duties and add to the danger of
civilian/military conflict.
I rise in opposition to this amendment. It would authorize the
Secretary of Defense to assign members of the Army, the Navy, the Air
Force, and the Marines to assist the Department of Homeland Security in
the performance of border protection functions.
I share my colleague's desire for a secure border, but this is not
the way to do it. Border security is a civilian responsibility that has
been assigned to the Department of Homeland Security, not to the
military. I also want to express my disapproval of permitting civilian
volunteers such as the minutemen to assist in securing our borders. We
can provide the additional support the Department needs by increasing
the number of border patrol agents. Soldiers are not necessary or
desirable as border patrolmen.
Putting troops on the border would violate the Posse Comitatus Act of
1878, which prohibits the United States military from patrolling within
United States borders.
The United States military is stretched thin from wars in Afghanistan
and Iraq. Putting troops at our border would further strain our
capabilities abroad.
Migrants are not enemy combatants. They are seeking better economic
opportunities for their families. Their plight should not be combated
with military force, but rather with immigration reform.
The United States Border Patrol actively cooperates with the military
in many areas--from infrastructure construction to the implementation
of new high-tech monitoring such as unmanned aerial vehicles. The
Border Patrol already knows when and how to ask for cooperation from
the military.
The military is not trained to operate in United States civilian
communities, as is the case with much of the border. More than 10
million people live along the American side of the Mexico border.
Putting military patrols in their communities would put many people at
risk.
For instance, on May 20, 1997, a Marine shot and killed an 18-year-
old goat herder, Ezekiel ``Zeke'' Hernandez. The incident occurred on
the eastern outskirts of the village of Redford, Texas. The Marines
were on the border to patrol against drug smugglers. Ezekiel was shot
because he was carrying a gun to protect his flock, and fired a shot,
most likely to scare away predators threatening his herd. In view of
the fact the Marines were camouflaged, it is unlikely that Ezekiel saw
them. I do not want to see more incidents like this take place on
American soil.
I urge you to vote against this amendment.
{time} 1400
Mr. GOODE. Mr. Chairman, I yield myself the balance of my time.
I would like to say that I think the gentlewoman from Texas (Ms.
Jackson-Lee) was right on target when she said allowing troops on the
border under current law in the United States would violate posse
comitatus. I am not sure that it would, but if they were requested
tomorrow by the Secretary of Homeland Security and went there, I assure
you there would be lawsuits and national media saying we were violating
posse comitatus. Pass this amendment and we will not have that
obstruction to protecting the security of the United States of America.
I want to salute the gentleman from Texas (Mr. Reyes) for his
conducting of this debate, a great debate. I also want to thank him for
his service which was truly outstanding, as the gentleman from
California said.
I would like to close by urging you to vote for the security of the
United States and simply give to the Department of Homeland Security
with the concurrence of the Department of Defense the authorization to
use troops without running afoul of posse comitatus.
Mr. REYES. Mr. Chairman, it is my pleasure to yield 30 seconds to the
gentleman from Missouri (Mr. Skelton), the ranking member of the
committee.
Mr. SKELTON. I thank the gentleman for yielding time.
Mr. Chairman, if there is anyone in this Chamber that understands the
border and the business at the border, it is the former border patrol
chief, the gentleman from Texas (Mr. Reyes). His expertise is beyond
question.
At a time when we are stretching our young people in uniform,
particularly
[[Page H4001]]
the United States Army, at a time when 40 percent of those in Iraq and
Afghanistan are Reservists or National Guardsmen, at a time when we are
having a difficult time in recruiting and problems rising in retention,
we just cannot afford to put additional troops on the border. That is
the purpose of the border patrol, and it is up to this body in other
amendments and other bills to authorize and appropriate more border
patrolmen for that necessary job.
Mr. REYES. Mr. Chairman, I yield myself the balance of my time. I
want to also thank the gentleman from Virginia (Mr. Goode) for a great
debate here and all the Members that participated.
Mr. Chairman, this is an issue that is very much discussed around the
country. As my friend from South Carolina said, this is in response to
the issue that the American people seek relief on. But this is a false
response. The Department of Defense opposes this amendment. Homeland
Security needs more border patrol agents, more technology, more
resources, not troops, to help them. The President already has the
constitutional authority to deploy troops as necessary.
I would ask all Members that have spoken on this very important
issue, let us get together and let us ask for hearings so that we can
have relief in areas like my friend and colleague from south Texas (Mr.
Ortiz) articulated. Border patrol agents are demoralized today because
they are the equivalent of tourist enterprises, in terms of passing out
letters to other-than-Mexican undocumented people that are allowed to
travel anywhere in the country.
I urge my colleagues to oppose this amendment and support efforts to
recruit, train, and deploy additional border patrol agents and
resources. That is the way we ought to be going.
The Acting CHAIRMAN (Mr. Bass). The question is on the amendment
offered by the gentleman from Virginia (Mr. Goode).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. REYES. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Virginia
(Mr. Goode) will be postponed.
Amendments En Bloc Offered by Mr. Hunter
Mr. HUNTER. Mr. Chairman, I offer amendments en bloc.
The Acting CHAIRMAN. The Clerk will designate the amendments en bloc.
The Clerk designated the amendments en bloc, as follows:
Amendments en bloc offered by Mr. Hunter printed in House
Report 109-96 consisting of amendment No. 2; amendment No. 3;
amendment No. 7; amendment No. 10; amendment No. 13;
amendment No. 15; amendment No. 21; amendment No. 28;
amendment No. 18; and amendment No. 25.
Amendment No. 2 Offered by Mr. Ortiz
The text of the amendment is as follows:
Page 45, line 18, insert ``(a) In General.--'' before
``Section 216''.
Page 47, after line 6, insert the following:
(b) Sustainment Plan.--Not later than December 31, 2005,
the Secretary of Defense shall submit to the congressional
defense committees a plan for sustaining the MHC-51 class
mine countermeasures ships and supporting dedicated mine
countermeasures systems until the Littoral Combat Ship and
next-generation mine countermeasures systems are deployed and
capable of assuming the mission of the MHC-51 class mine
countermeasures ships.
Amendment No. 3 Offered by Ms. Kaptur
The text of the amendment is as follows:
At the end of subtitle B of title III (page 70, after line
11), insert the following new section:
SEC. __. STUDY ON USE OF BIODIESEL AND ETHANOL FUEL.
(a) In General.--The Secretary of Defense shall conduct a
study on the use of biodiesel and ethanol fuel by the Armed
Forces and the Defense Agencies and any measures that can be
taken to increase such use.
(b) Elements.--The study shall include--
(1) a review and assessment of potential requirements for
increased use of biodiesel and ethanol fuel within the
Department of Defense and research and development efforts
required to meet those increased requirements;
(2) based on the review in subparagraph (1), a forecast of
the requirements of the Armed Forces and the Defense Agencies
for biodiesel and ethanol fuels for each of fiscal years 2007
through 2012;
(3) an assessment of the current and future commercial
availability of biodiesel and ethanol fuel, including
facilities for the production, storage, transportation,
distribution, and commercial sale of such fuel;
(4) a review of the actions of the Department of Defense to
coordinate with State, local, and private entities to support
the expansion and use of alternative fuel refueling stations
that are accessible to the public; and
(5) an assessment of the fueling infrastructure on military
installations in the United States, including storage and
distribution facilities, that could be adapted or converted
for the delivery of biodiesel and ethanol fuel.
(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) Definitions.--In this section:
(1) The term ``ethanol fuel'' means fuel that is 85 percent
ethyl alcohol.
(2) The term ``biodiesel'' means a diesel fuel substitute
produced from nonpetroleum renewable resources that meets the
registration requirements for fuels and fuel additives
established by the Environmental Protection Agency under
section 7545 of title 42, United States Code.
Amendment No. 7 Offered by Mr. Simmons
The text of the amendment is as follows:
At the end of title V (page 194, after line 11), add the
following new section:
SEC. 575. ELIGIBILITY OF CERTAIN PERSONS FOR SPACE-AVAILABLE
TRAVEL ON MILITARY AIRCRAFT.
(a) Eligibility of ``Gray Area'' Retirees and Spouses.--
Chapter 157 of title 10, United States Code, is amended by
inserting after section 2641a the following new section:
``Sec. 2641b. Space-available travel on Department of Defense
aircraft: Reserve members eligible for retired pay but for
age; spouses
``(a) Reserve Retirees Under Age 60.--A member or former
member of a reserve component under 60 years of age who, but
for age, would be eligible for retired pay under chapter 1223
of this title shall be provided transportation on Department
of Defense aircraft, on a space-available basis, on the same
basis as members of the armed forces entitled to retired pay
under any other provision of law.
``(b) Dependents.--The dependent of a member or former
member under 60 years of age who, but for age, would be
eligible for retired pay under chapter 1223 of this title,
shall be provided transportation on Department of Defense
aircraft, on a space-available basis, on the same basis as
dependents of members of the armed forces entitled to retired
pay under any other provision of law.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2641a the following new item:
``2641b. Space-available travel on Department of Defense aircraft:
Reserve members eligible for retired pay but for age;
spouses.''.
Amendment No. 10 Offered by Mr. Filner
The text of the amendment is as follows:
At the end of title VI (page 279, after line 6), add the
following new section:
SEC. __. REPORT ON SPACE-AVAILABLE TRAVEL FOR CERTAIN
DISABLED VETERANS.
Not later than one year after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report on the feasibility of providing transportation on
Department of Defense aircraft on a space-available basis for
any veteran with a service-connected disability rating of 50
percent or higher. The Secretary of Defense shall prepare the
report in consultation with the Secretary of Veterans
Affairs.
Amendment No. 13 Offered by Ms. DeLauro
The text of the amendment is as follows:
At the end of title VII (page 297, after line 26), insert
the following new section:
SEC. 718. MENTAL HEALTH AWARENESS FOR DEPENDENTS.
(a) Program.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall develop
a program to improve awareness of the availability of mental
health services for, and warning signs about mental health
problems in, dependents of members of the Armed Forces whose
sponsor served or will serve in a combat theater during the
previous or next 60 days.
(b) Matters Covered.--The program developed under
subsection (a) shall be designed to--
(1) increase awareness of mental health services available
to dependents of members of the Armed Forces on active duty;
(2) increase awareness of mental health services available
to dependents of Reservists and National Guard members whose
sponsors have been activated; and
(3) increase awareness of mental health issues that may
arise in dependents referred to in paragraphs (1) and (2)
whose sponsor is deployed to a combat theater.
(c) Toll-Free Number.--In carrying out this section, the
Secretary of Defense shall establish a toll-free
informational telephone number and website devoted to helping
members of the Armed Forces and their dependents recognize,
and locate treatment providers for, post-traumatic stress
disorder and other forms of combat stress.
(d) Coordination.--The Secretary may permit the Department
of Defense to coordinate the program developed under
subsection (a) with an accredited college, university,
hospital-based, or community-based mental health center or
engage mental health professionals to develop programs to
help implement this section.
(e) Availability in Other Languages.--The Secretary shall
ensure that the program developed under subsection (a) is
made available in foreign languages if necessary to aid
[[Page H4002]]
comprehension among persons to be helped by the program.
Amendment No. 15 Offered by Mr. Manzullo
The text of the amendment is as follows:
At the end of subtitle B of title VIII (page 321, after
line 3), insert the following new section:
SEC. 818. BUY AMERICAN REQUIREMENT FOR PROCUREMENTS OF GOODS
CONTAINING COMPONENTS.
(a) Requirement.--Notwithstanding any agreement described
in subsection (b), with respect to any manufactured end
product procured by the Department of Defense--
(1) the end product shall be manufactured in the United
States; and
(2) the cost of components of the end product that are
mined, produced, or manufactured inside the United States
shall exceed 50 percent of the cost of all components of the
end product.
(b) Agreement Described.--An agreement referred to in
subsection (a) is any reciprocal defense procurement
memorandum of understanding between the United States and a
foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act (41 U.S.C. 10a
et seq.) for certain products in that country.
Amendment No. 21 Offered by Mr. Crowley
The text of the amendment is as follows:
At the end of title X (page 402, after line 22), add the
following new section:
SEC. 1048. SENSE OF CONGRESS RECOGNIZING THE DIVERSITY OF THE
MEMBERS OF THE ARMED FORCES KILLED IN OPERATION
IRAQI FREEDOM AND OPERATION ENDURING FREEDOM
AND HONORING THEIR SACRIFICES AND THE
SACRIFICES OF THEIR FAMILIES.
(a) Findings.--Congress finds the following:
(1) Over 1,500 members of the United States Armed Forces
have been killed while serving in Operation Iraqi Freedom and
Operation Enduring Freedom.
(2) The members of the Armed Forces killed in Operation
Iraqi Freedom and Operation Enduring Freedom came from
diverse ethnic backgrounds.
(3) All of these members of the Armed Forces lost their
lives defending the cause of freedom, democracy, and liberty.
(4) Diversity is an essential part of the strength of the
Armed Forces, in which members having different ethnic
backgrounds and faiths share the same goal of defending the
cause of freedom, democracy, and liberty.
(5) The Armed Forces are representative of the diverse
culture and backgrounds that make the United States a great
nation.
(b) Sense of Congress.--It is the sense of Congress that
the United States should--
(1) recognize and celebrate the diversity of the Armed
Forces; and
(2) recognize and honor the sacrifices being made by the
diverse members of the Armed Forces and their families in the
war against terrorism.
Amendment No. 28 Offered by Mr. Spratt
The text of the amendment is as follows:
At the end of title XII (page 427, after line 11), insert
the following new section:
SEC. ___. WAR-RELATED REPORTING REQUIREMENTS.
(a) Reports Required for Operation Iraqi Freedom, Operation
Enduring Freedom, and Operation Noble Eagle.--The Secretary
of Defense shall submit to Congress, in accordance with this
section, war-related reports on costs, military personnel
force levels, reconstitution, and military construction for
each of Operation Iraqi Freedom, Operation Enduring Freedom,
and Operation Noble Eagle.
(b) Costs.--
(1) Costs.--Each report prepared under subsection (a) shall
specify, for each operation named in that subsection, for
each fiscal year beginning with fiscal year 2001, the
following:
(A) The initial planned allocation of budget authority, by
funding source and appropriation account.
(B) The amount of budget authority made available through
reported and below-threshold funding transfers, categorized
by account and type of expense.
(C) A monthly obligation plan for the year, by
appropriation account.
(D) Amounts of obligations and outlays, by appropriation
account and type of expense.
(2) Submission requirements.--The Secretary of Defense
shall submit the initial report, which shall document cost
data for each fiscal year beginning with fiscal year 2001
through fiscal year 2005, no later than 180 days after the
date of the enactment of this Act. Thereafter, the Secretary
of Defense shall submit cost reports monthly, no later than
45 days after the end of each reporting month.
(c) Military Personnel Force Levels.--
(1) Military personnel force levels.--Each report prepared
under subsection (a) shall specify the following:
(A) The number of military personnel supporting Operation
Iraqi Freedom and Operation Enduring Freedom by component
(active and reserve).
(B) The number of Guard and reserve personnel backfilling
in the United States or elsewhere, training up, or
demobilizing in support of Iraqi Freedom or Operation
Enduring Freedom each month from September 2001 to the
present.
(C) The number of Guard and reserve activations by service,
for each of Operation Enduring Freedom, Operation Iraqi
Freedom, and Operation Noble Eagle, starting with 2002, and
including the number of personnel activated once, twice, and
three times in the previous four years in support of those
operations.
(D) The number of active-duty personnel who have deployed
once, twice, and three times in support of Operation Enduring
Freedom and Operation Iraqi Freedom in the previous four
years.
(E) The number of personnel by primary occupational skill
for reservist-component personnel who were activated more
than once and active-duty personnel who were deployed more
than once in support of those operations.
(2) Submission requirements.--The first report required by
paragraph (1) shall be submitted to Congress not later than
180 days after the date of the enactment of this Act.
Thereafter, the Secretary of Defense shall submit reports
monthly updating personnel information no later than 45 days
after the end of each reporting month.
(d) Reconstitution.--
(1) Procurement.--The report prepared under subsection (a)
shall identify, for each war-related procurement funding
request since fiscal year 2003, end-item quantities requested
and the purpose of the request (such as replacement for
battle losses, improved capability, increase in force size,
restructuring of forces), shown by service.
(2) Equipment maintenance.--The report prepared under
subsection (a) shall provide an assessment that compares
peacetime versus wartime equipment maintenance requirements.
The assessment should include the effect of war operations on
the backlog of maintenance requirements over the period of
fiscal years 2003 to the present. It should also examine the
extent that war operations have precluded maintenance from
being performed because equipment was unavailable.
(3) Submission requirements.--The report under this
subsection shall be submitted to the Congress not later than
180 days after the date of the enactment of this Act. The
Secretary of Defense shall submit updated procurement and
equipment maintenance reports concurrently with future war-
related funding requests.
(e) Military Construction.--
(1) Military construction.--The report prepared under
subsection (a) shall identify all funded military
construction projects, including temporary projects funded
with operations and maintenance funds, in the Iraq and
Afghanistan theaters of operations in each fiscal year
beginning with 2003. For each such project, the report shall
identify the funding amount, purpose, location, and whether
the project is for a temporary or permanent structure. The
report shall also identify the number of United States
military personnel that can be supported by the facility
infrastructure in Iraq and Afghanistan and in the neighboring
countries from where Operations Iraq Freedom and Enduring
Freedom are supported.
(2) Submission requirements.--The report shall be submitted
the Congress not later than 180 days after the date of the
enactment of this Act. The Secretary of Defense shall submit
an updated military construction report concurrently with
future war-related funding requests.
Amendment No. 18 Offered by Mr. Simmons
The text of the amendment is as follows:
At the end of subtitle B of title VIII (page 321, after
line 3), add the following new section:
SEC. 818. DOMESTIC SOURCE RESTRICTION FOR LITHIUM ION CELLS
AND BATTERIES.
Section 2534(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(6) Lithium ion cells and batteries.--Lithium ion cells
and batteries and manufacturing technology for lithium ion
cells and batteries.''.
Amendment No. 25 Offered by Mr. Israel
The text of the amendment is as follows:
Page 409, line 9, strike ``SCHOLARSHIP'' and insert
``EDUCATION''.
Page 409, line 18, strike ``and''.
Page 409, after line 19, insert:
(C) by inserting ``foreign languages,'' after
``engineering,''; and
Modification to Amendment No. 13 and Amendment No. 28 Offered by Mr.
Hunter
Mr. HUNTER. Mr. Chairman, I ask unanimous consent that amendment No.
13 offered by the gentlewoman from Connecticut (Ms. DeLauro) and
amendment No. 28 offered by the gentleman from South Carolina (Mr.
Spratt) and printed in House Report 109-96 be modified in the form I
have placed at the desk.
The Acting CHAIRMAN. The Clerk will report the modifications.
The Clerk read as follows:
Modification to amendment No. 13 offered by Ms. DeLauro:
The amendment as modified is as follows:
At the end of title VII (page 297, after line 26), insert
the following new section:
[[Page H4003]]
SEC. 718. MENTAL HEALTH AWARENESS FOR DEPENDENTS.
(a) Program.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall develop
a program to improve awareness of the availability of mental
health services for, and warning signs about mental health
problems in, dependents of members of the Armed Forces whose
sponsor served or will serve in a combat theater during the
previous or next 60 days.
(b) Matters Covered.--The program developed under
subsection (a) shall be designed to--
(1) increase awareness of mental health services available
to dependents of members of the Armed Forces on active duty;
(2) increase awareness of mental health services available
to dependents of Reservists and National Guard members whose
sponsors have been activated; and
(3) increase awareness of mental health issues that may
arise in dependents referred to in paragraphs (1) and (2)
whose sponsor is deployed to a combat theater.
(c) Coordination.--The Secretary may permit the Department
of Defense to coordinate the program developed under
subsection (a) with an accredited college, university,
hospital-based, or community-based mental health center or
engage mental health professionals to develop programs to
help implement this section.
(d) Availability in Other Languages.--The Secretary shall
evaluate whether effectiveness of the program developed under
subsection (a) would be improved by providing materials in
languages other than English and take action accordingly
(e) Report.--Not later than one year after implementation
of the program developed under subsection (a), the Secretary
shall submit to Congress a report on the effectiveness of the
program, including the extent to which the program is used by
low-English-proficient individuals.
Modification to amendment No. 28 offered by Mr. Spratt:
At the end of title XII (page 427, after line 11), insert
the following new section:
SEC. ___. WAR-RELATED REPORTING REQUIREMENTS.
(a) Reports Required for Operation Iraqi Freedom, Operation
Enduring Freedom, and Operation Noble Eagle.--The Secretary
of Defense shall submit to the congressional defense
committees, in accordance with this section, war-related
reports on costs, reconstitution, and military construction
for each of Operation Iraqi Freedom, Operation Enduring
Freedom, and Operation Noble Eagle.
(b) Submission to GAO of Certain Reports on Costs.--The
Secretary of Defense shall submit to the Comptroller General,
no later than 45 days after the end of each reporting month,
the Department of Defense Supplemental and Cost of War
Execution reports. Based on these reports, the Comptroller
General shall provide Congress quarterly updates on war
costs.
(c) Reconstitution.--
(1) Procurement.--The report prepared under subsection (a)
shall identify, for each war-related procurement funding
request since fiscal year 2003, end-item quantities requested
and the purpose of the request (such as replacement for
battle losses, improved capability, increase in force size,
restructuring of forces), shown by service.
(2) Equipment maintenance.--The report prepared under
subsection (a) shall provide an assessment that compares
peacetime versus wartime equipment maintenance requirements.
The assessment should include the effect of war operations on
the backlog of maintenance requirements over the period of
fiscal years 2003 to the present. It should also examine the
extent that war operations have precluded maintenance from
being performed because equipment was unavailable.
(3) Submission requirements.--The report under this
subsection shall be submitted to the Congress not later than
180 days after the date of the enactment of this Act. The
Secretary of Defense shall submit updated procurement and
equipment maintenance reports concurrently with future war-
related funding requests.
(d) Military Construction.--
(1) Military construction.--The report prepared under
subsection (a) shall identify the number of United States
military personnel that can be supported by the facility
infrastructure in Iraq and Afghanistan and in the neighboring
countries from where Operation Iraq Freedom and Operation
Enduring Freedom are supported.
(2) Submission requirements.--The report shall be submitted
to Congress not later than 180 days after the date of the
enactment of this Act. The Secretary of Defense shall submit
an updated military construction report concurrently with
future war-related funding requests.
Mr. HUNTER (during the reading). Mr. Chairman, I ask unanimous
consent that the amendments, as modified, be considered as read and
printed in the Record.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from California?
There was no objection.
The Acting CHAIRMAN. Without objection, the modifications are agreed
to.
There was no objection.
The Acting CHAIRMAN. Pursuant to House Resolution 293, the gentleman
from California (Mr. Hunter) and the gentleman from Missouri (Mr.
Skelton) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Hunter).
Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from
Connecticut (Mr. Simmons).
Mr. SIMMONS. Mr. Chairman, I rise in strong support of the en bloc
amendments. I would like to draw particular attention to one portion of
the en bloc amendments that deals with space-available travel, space-
available, or space-A travel for certain military personnel.
One of the benefits of serving in the U.S. military is that you are
allowed to access available spaces on military aircraft flying around
the country or, indeed, flying around the world. It is a benefit that
we extend to our active duty servicemembers, to some of the Guard and
the Reserve. But if you happen to be a retired member of the U.S. Army
reserve or a retired member of the Guard, not yet 60 years old, you are
not eligible for space-A, or space-available travel.
What my amendment does is extends to those members of our Guard and
Reserve who are retired but under 60 years old the benefit of allowing
them to go on space-A travel for themselves and for their dependents.
This would affect all branches of service, for those Guardsmen and
those retirees from the U.S. Army and other branches of the Reserve.
This eligibility is cost free. After all, the airplanes are flying.
They have empty seats. So why should we not extend this privilege to
those retired members of our Guard and Reserve?
I think that in recent years, we have come to understand and respect
the fact that members of the Guard and the Reserve are stepping up to
the plate when it comes to deployments in the war against terror. The
least that we can do here in this body, in this amendment, is extend to
them the privilege of space-available travel when they retire.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Connecticut (Ms. DeLauro).
Ms. DeLAURO. Mr. Chairman, my amendment would require the Department
of Defense to implement a new mental health awareness campaign for
families of servicemembers who are soon to be deployed or have recently
been deployed to a combat theater.
The amendment is important for families of National Guardsmen and
Reservists whose families face unique challenges when loved ones are
deployed. Unlike their active duty counterparts, Reserve and Guard
families often live far from a military base and the wider array of
social, family, and medical services that can be found there.
According to the Army, one in six soldiers serving in Operation Iraqi
Freedom suffers from post-traumatic stress disorder. More than 900
soldiers have been evacuated from Iraq because of problems related to
mental health. Today, mental illnesses like PTSD remain a stigma for
many in our society. We know the damage mental illnesses can do away
from the battlefield, ruining families, causing alcoholism, drug abuse,
and homelessness. It is a difficult time for troops and their families
when our soldiers are deployed.
In April 2004, I met with many families of the Army Reserve's 439th
Quartermaster Company. Initially what was supposed to be a 6-month tour
of duty was extended twice and the unit wound up serving for 14 months
or longer. I met with their families. I saw the unbelievable strain
they were under, bills mounting, responsibilities to family
multiplying, frustrated in their efforts to get the answers they needed
regarding the unit's status. It illustrated what we need to do for our
Reservists, what it means for what they leave behind, not only their
families, their jobs and their lives back home. That is what happens
when Reservists are activated. Everyone sacrifices. We need to make
sure that when all our soldiers come home that their homecomings are
accompanied by any services and treatment that they and their families
may need. They deserve no less.
This is a commonsense amendment. I want to thank the gentleman from
California (Mr. Hunter) and the gentleman from Missouri (Mr. Skelton)
[[Page H4004]]
for their advice and my colleagues on the Rules Committee for making
this amendment in order. I urge my colleagues to support it.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
South Carolina (Mr. Spratt).
Mr. SPRATT. I thank the gentleman for yielding me this time.
Mr. Chairman, I rise to speak in support of the en bloc amendment and
also a particular provision of it whereby the leadership of the
committee has worked with me to include some reporting requirements.
They are not as complete as I would like. In fact, we have pared them
back three or four times in order to reach consensus, but nevertheless
I am glad that we will put them in here because they relate to
reporting and oversight of our commitment in Iraq and Afghanistan and
Operation Nobel Eagle.
There are three main areas that will be covered in these war-related
reports: costs with numerous breakdowns, the reconstitution of
equipment, and military construction, partly because it is a good
indicator of where we are headed. The Congress has just passed an $82
billion supplemental making the total amount provided this year for
Afghanistan and Iraq over $100 billion. Only 2 weeks after its
enactment, the Army is already hinting that they may run out of O&M
funds. As a consequence, we have a bridge provision in this particular
bill authorizing an additional $49 billion. The House Appropriations
Committee just approved a $45 billion bridge, a supplemental that is
intended to carry the services through the early months of fiscal year
2006, at which time another supplemental will be needed.
We need a better system for tracking these costs as they are
incurred. We do not get it in advance on the Committee on Armed
Services. That is why we are providing an advance authorization in this
bill. But we need to have at least the information retrospectively so
that we can see where the costs are being incurred and we can keep tabs
on some of the contingencies that are going to have to be paid down the
road, costs that are being incurred now like repairing equipment which
has suffered greatly in the environment in Afghanistan and in Iraq.
These are, I think, essential amendments if we are to do our
oversight job on the Committee on Armed Services. I appreciate the
chairman and the ranking member working with me to see that they are
included in the en bloc amendments.
Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentlewoman from
New York (Mrs. Kelly).
Mrs. KELLY. Mr. Chairman, I rise today to express concerns about the
recent Department of Defense study, ``Domestic Dependent Elementary and
Secondary Schools Transfer Study,'' that was released in February. It
is called DDESS. It calls for significant changes to a number of the 58
elementary, middle and high schools on U.S. military installations that
would, I believe, be viewed as a reduction in benefits for our military
personnel. These are first-class schools, all 58 of which provide
prekindergarten programs, special education programs, and maintain
significantly higher student achievement in national test results.
My district is home to West Point, the U.S. Military Academy. The
elementary school at the academy is the finest of its kind in the
Department of Defense. During a recent study, it was ranked number one
out of 55 in the entire Nation. The school maintains a number of
advantages that simply cannot be duplicated, including the maintenance
of a federally funded pre-K program, onsite provision for 95 percent of
special education services, and minority achievement scores which meet
or exceed national averages. Notwithstanding these factors, the DOD
study recommended the students be transferred to the local school
system. Similarly, seemingly unsupportable recommendations were made
for other DOD schools.
Mr. Chairman, given this, I ask that the committee and Congress give
careful consideration before allowing the Secretary of Defense to
implement any recommendation of the DDESS transfer study to close any
Department of Defense domestic dependent elementary or secondary school
or to transfer any faculty or students of the Department of Defense
domestic dependent elementary or secondary schools system to an entity
of a State or local government.
Mr. HUNTER. Mr. Chairman, will the gentlewoman yield?
Mrs. KELLY. I yield to the gentleman from California.
Mr. HUNTER. Mr. Chairman, I understand the gentlewoman's concern. I
look forward to working with her to prevent unnecessary closures or
transfers not just at West Point but also at DDESS across the country.
I agree it is important to provide such benefits for our military
personnel to not only recruit the best for our military but to provide
the safety, security, and necessary programs to the DDESS students and
their parents.
{time} 1415
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
New York (Mr. Crowley).
Mr. CROWLEY. Mr. Chairman, I thank the distinguished gentleman from
Missouri (Mr. Skelton), the ranking member, for yielding me this time.
Mr. Chairman, I rise in support of the Defense Authorization bill. I
want to thank the gentleman from California (Chairman Hunter), chairman
of the committee; and, again, his counterpart, the gentleman from
Missouri (Mr. Skelton), a man whom I greatly respect for crafting
along, with the gentleman from California (Mr. Hunter), a very
bipartisan bill.
While this is not a perfect bill, in today's environment here on
Capitol Hill, it is a testament to both of these men and their staffs
that they are able to work so well together to put a bill forward that
so many of us can support; and to both of them we are extremely
grateful.
I would also like to thank the Committee on Rules for making our
amendment in order for debate today. My amendment is a Sense of
Congress honoring the diversity of the men and women who have given
their lives in defense of our country. The people of our Armed Forces
are put in harm's way on a daily basis, and I am so proud of them for
having the ability to keep fighting to protect our Nation's security.
Over 1,500 members of the armed services have been killed while
serving in Operation Iraqi Freedom and Operation Enduring Freedom. And
I believe it is important for this body to recognize the sacrifices
being made by these diverse members of the Armed Forces and their
families in the war on terror. Several members of our Armed Forces from
my district have been killed while serving in defense of our Nation.
I happen to represent one of the most diverse districts in our
country today, and I am proud to say that this diversity is strongly
represented in the military today as well. When I am back in my
district, I make it my business to meet with veterans and members of
the Armed Forces who have just returned from service, and I have found
that many of these brave men and women are from the Latino and African
American communities. While they are so happy to be home with their
families, many of them still have the sense that their mission is not
over, and they want to continue to protect our Nation against those who
look to do us harm.
The military is an opportunity for minority communities to start a
better way of life for themselves, whether it is going to college after
service or using the skills they have learned in the military to find a
good job.
I commend these men and women and send my sincerest condolences to
the families of those who have lost loved ones in their service to our
Nation.
Mr. HUNTER. Mr. Chairman, I yield 4 minutes to the gentleman from
Virginia (Mr. Tom Davis), chairman of the Committee on Government
Reform.
Mr. TOM DAVIS of Virginia. Mr. Chairman, I would like to speak
against the Manzullo amendment, which is part of the en bloc
amendments, and also the Blunt amendment.
The Manzullo amendment, basically, will radically change the current
application of the Buy American Act. I think it could place the United
States in violation of more than 20 critical defense memoranda of
understanding with some of our strong allies like Australia, Canada,
Israel, and the United Kingdom.
Under DOD policies, under Buy American, there is a 50 percent cost
differential if they cannot certify that a product is made with more
than half
[[Page H4005]]
of its components in the United States. In a global economy it is often
hard to certify, and we actually put some of these companies at risk
with their certifications. Some companies have had to set up costly
accounting procedures so that they can track where different pieces of
a product's components are assembled around the world to add up: Does
it comply with the Buy American Act or does it not comply with the Buy
American Act?
This amendment would sweep away the current waivers of the Buy
American Act that have been carefully negotiated with our strongest
military partners, and I am afraid will invoke retaliation if they are
upheld. The restriction would cause the Department of Defense problems
in purchasing the best goods for a fair price, particularly commercial
technologies, so we would be denied in some cases the best cameras, the
best laboratory and surveillance equipment. Even the BlackBerrys, which
Members have, would be subject to this because 50 percent of its
components are not assembled in the United States.
With this we would deprive our soldiers of the best equipment, the
best equipment in many cases that would make them more efficient. In
some cases it could make them even less safe. And that is the problem
with this amendment. Our soldiers deserve the best wherever its
components are assembled, and this blanks out some of the waiver
provisions that we have under the current law.
We are already challenged to compete in a global marketplace where we
do not always have a competitive advantage. Dismantling the regime of
defense memoranda of understanding that have helped create and support
the vibrant world marketplace in the end only hurts American workers.
Besides violating our defense MOUs, this provision will require DOD
to pay an artificially high price for products it needs to protect all
of us. Defense dollars are already scarce. We need to be getting the
maximum bang for our bucks, and the difficulty with our procurement
system is that the Members try to do too many things with them.
In the Blunt amendment case, they want to give a differentiation for
people who hire a number of National Guard or Reserve officers; in this
case, it is Buy American; in other cases, it may be a small or minority
business. At the end of the day, this creates many inefficiencies in
our procurement system that cost our taxpayers billions of dollars
when, in fact, we do not have them.
I think when we go out and procure goods for our soldiers, we ought
to get the best goods, we ought to get them at the lowest price. The
American taxpayer demands it and our soldiers demand it.
Under this amendment, more businesses would be required to certify
compliance with the Buy American Act, potentially exposing them to
civil false claims and other sanctions even if they have made a good-
faith effort to comply with these government-unique requirements. This
creates significant financial and legal burdens for industry, given
that more and more IT, information technology, so critical for our
defense efforts, is being sourced, in a global economy, from around the
world.
Some companies have responded by setting up costly, labor-intensive
product tracking systems that are not needed in their commercial
business simply to sell to the government. That ends up costing the
taxpayer more. Some companies have simply stopped selling certain
products in the Federal marketplace, denying us access to some of the
latest, most cost-effective, safest products for our soldiers.
This radical expansion of the application of the Buy American Act
will impose financial and legal burdens on commercial companies that
sell to the government. In fact, it could well prevent our brave
servicemembers from obtaining the best technology to protect them and
to protect our Nation.
This increased restriction on DOD's ability to obtain needed
technology from the world market is basically a Cold War anachronism.
Given DOD's growing reliance on information technology and other
products and the current global nature, these are crippling in their
restrictive provisions.
Mr. HUNTER. Mr. Chairman, I yield 5 minutes to the gentleman from
Colorado (Mr. Beauprez), who has exhibited enormous concern and support
for our men and women in uniform.
Mr. BEAUPREZ. Mr. Chairman, I appreciate the chairman's comments.
I rise for the purpose of engaging the gentleman from Maryland (Mr.
Bartlett), the chairman of the Projection Forces Subcommittee of the
Committee on Armed Services, in a colloquy.
Mr. BARTLETT of Maryland. Mr. Chairman, will the gentleman yield?
Mr. BEAUPREZ. I yield to the gentleman from Maryland.
Mr. BARTLETT of Maryland. Mr. Chairman, I would be happy to join my
colleague in a colloquy.
Mr. BEAUPREZ. Mr. Chairman, reclaiming my time, as the chairman is
aware, our larger ships such as carriers, amphibious, and logistic
ships with many sailors and Marines embarked, could be vulnerable to
torpedo attack. The threat increases when we move our ships from open
ocean to restricted littoral waters where torpedo launch platforms such
as diesel submarines and surface patrol craft can get closer to our
ships and our reaction time is lessened.
Currently, there is a proliferation of torpedoes of various types
available on the world market that could cause significant damage to
our surface ships. These weapons could be launched from the shoreline
or small boats, threats that we were not too worried about until the
USS Cole incident.
The gentleman and the Committee on Armed Services have provided the
leadership needed for defense of our Navy ships and its sailors from
torpedo attack through their support of the Surface Ship Torpedo
Defense program. I agree with the gentleman that this is a very
important program and believe that the Anti-Torpedo Torpedo is a key
element of the program.
My concern, Mr. Chairman, is that we have not made the type of
progress on this issue that we likely should have. I would appreciate
the chairman's thoughts on this.
Mr. BARTLETT of Maryland. Mr. Chairman, will the gentleman yield?
Mr. BEAUPREZ. I yield to the gentleman from Maryland.
Mr. BARTLETT of Maryland. Mr. Chairman, I agree with the gentleman
from Colorado (Mr. Beauprez) that the Surface Ship Torpedo Defense
program is extremely important for the protection of our high-value
ships and sailors at sea. I will encourage the Navy to move
expeditiously to field this system with the Anti-Torpedo Torpedo.
Mr. BEAUPREZ. Mr. Chairman, reclaiming my time, I thank the gentleman
from Maryland for his commitment to this issue and look forward to
working with him and the House Committee on Armed Services on this
critical problem.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Ohio (Ms. Kaptur).
Ms. KAPTUR. Mr. Chairman, I thank the gentleman from Missouri (Mr.
Skelton), ranking member, for yielding me this time.
I also want to thank the gentleman from California (Chairman Hunter)
for including the amendment concerning America's energy independence in
the en bloc amendments. I thank him for helping us move toward energy
independence.
We all know that our Nation is petroleum addicted, that those
supplies are being drawn down from the most undemocratic places in the
world. America has to change and the world has to change in this
century.
This amendment requires the Department of Defense and related
agencies to conduct a study and report back to Congress on the use of
new fuels, biodiesel and ethanol, that can be manufactured right here
in the good old U.S.A. and used by the Armed Forces and the defense
agencies, as compared to how the Department currently uses petroleum.
The study requires a review of requirements for increased use of
biodiesel and ethanol by the U.S. Department of Defense. It requires a
forecast of the requirements of the Armed Forces and the Department for
the use of biodiesel and ethanol fuels for each of the years 2007
through 2012.
It requires a review of what actions the Department of Defense has
taken to work in collaboration with State and local governments to
support the expansion of alternative fuel refueling
[[Page H4006]]
stations that are accessible to the public. Members might think about
the one that is located right across the street, the Citgo station,
from the Pentagon itself.
We know that the Department of Defense has the largest vehicle fleet
in the United States Government. It should be a leader in the use of
new fuels and power systems. It should be a leader also in alternative
fuels research to help America transition to a new day. So we are
really looking to this report to help us meet that growing need for
energy independence.
I end with a story as a member of the Defense Subcommittee of the
Committee on Appropriations. It was shocking to me to hear the
Secretary of Defense, Mr. Rumsfeld, when he came before us and I asked
him, ``Mr. Secretary, what is your role and your department's role, in
helping America to move toward energy independence?'' Again, over two-
thirds of the petroleum we use is imported and it puts America in a
very vulnerable position strategically on the globe.
And his answer was, ``I do not have anything to do with it. That is
the job of another department.''
No, Mr. Secretary. It is every department's job, and it is every
household's job in this country to convert. You and your department--
the largest in the government of the U.S.--are not exempt. In fact, you
must be the leader.
I thank the gentleman from Missouri (Mr. Skelton) and the gentleman
from California (Mr. Hunter) for including this amendment in the en
bloc. amendments and the membership to ask support the measure.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
California (Mr. Filner).
Mr. FILNER. Mr. Chairman, I thank the gentleman for yielding me this
time.
I thank the gentleman from San Diego, California (Mr. Hunter), for
including my amendment in the en bloc amendment.
My amendment would call for a study by the Secretary of Defense in
conjunction with the Secretary of the Department of Veterans Affairs on
the feasibility of allowing veterans with a service-connected
disability rating 50 percent or higher access to transportation on
military aircraft on a space available, or Space-A, basis. Such a study
is supported by the national organization, Disabled American Veterans.
Space-A, of course, is used for government-owned or contracted
aircraft where there is space available that is unused for the primary
purpose of the flight. Currently, disabled veterans are not eligible
for this Space-A travel solely on the basis of their disability. But
other groups are, whether they are members of the uniformed services
and their families, foreign exchange servicemembers on permanent duty
with the Department of Defense, civilian employees of the Department of
Defense stationed overseas, American Red Cross personnel stationed
overseas. All these are eligible for Space-A travel.
We should allow disabled veterans the same access to Space-A travel.
From all indications, the Department of Defense would incur no cost by
allowing disabled veterans access to this Space-A travel. We need to
allow the seats which would otherwise go unused to be occupied by men
and women who have been disabled in their service to our great Nation.
Again, I thank the gentleman from California (Mr. Hunter) and the
gentleman from Missouri (Mr. Skelton) for including the amendment in
the bill.
Ms. WOOLSEY. Mr. Chairman, I rise in support of the DeLauro amendment
because every time we send our young men and women into a combat
situation, we are asking them to make a sacrifice for the rest of us.
When they return we must honor them by giving them the services they
need. The lives and health of our soldiers are the real cost of war.
The new England Journal of Medicine recently reported that a many as
one out of four veterans of the wars in Afghanistan and Iraq treated at
VA Hospitals in the past 16 months were diagnosed with mental
disorders. Alarmingly, veterans of these wars are already showing up in
our homeless populations.
We must take steps to protect those who protect us. I urge my
colleagues to join me in supporting the DeLauro amendment to expand
mental health services to our soldiers.
{time} 1430
Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
Mr. HUNTER. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Culberson). All time having expired on this
debate, the question is on the amendments, en bloc, as modified,
offered by the gentleman from California (Mr. Hunter).
The amendments, en bloc, as modified, were agreed to.
The Acting CHAIRMAN. It is now in order to consider amendment No. 24
printed in House Report 109-96.
Amendment No. 24 Offered by Mrs. Jo Ann Davis of Virginia
Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 24 offered by Mrs. Jo Ann Davis of Virginia:
At the end of title X (page 402, after line 22), add the
following new section:
SEC. 1048. DEPARTMENT OF DEFENSE SUPPORT FOR YOUTH
ORGANIZATIONS, INCLUDING THE BOY SCOUTS OF
AMERICA.
(a) Support for Youth Organizations.--No Federal law
(including any rule, regulation, directive, instruction, or
order) shall be construed to limit the Department of Defense
from providing any form of support described in subsection
(b) to a youth organization (including the Boy Scouts of
America and any group officially affiliated with the Boy
Scouts of America) described in part B of subtitle II of
title 36, United States Code, that is intended to serve
individuals under the age of 21 years that would result in
the Department of Defense providing less support to that
youth organization than was provided by the Department of
Defense during each of the preceding four fiscal years.
(b) Types of Support.--Support referred to in subsection
(a) includes--
(1) holding meetings, camping events, or other activities
on defense property; and
(2) hosting any official event of the youth organization.
The Acting CHAIRMAN. Pursuant to House Resolution 293, the
gentlewoman from Virginia (Mrs. Jo Ann Davis) and a Member opposed each
will control 15 minutes.
Mr. DINGELL. Mr. Chairman, although not opposed, I ask unanimous
consent to claim the 15 minutes in opposition.
The Acting CHAIRMAN. Without objection, the gentleman from Michigan
(Mr. Dingell) will control the 15 minutes in opposition.
There was no objection.
The Acting CHAIRMAN. The Chair recognizes the gentlewoman from
Virginia (Mrs. Jo Ann Davis).
Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I yield myself such time
as I may consume.
Mr. Chairman, I offer this amendment in support of the Boy Scouts of
America in order to reaffirm their long-standing partnership with the
Department of Defense. This summer an estimated 40,000 Boy Scouts and
their leaders will take to the 76,000 acres of land at Fort A.P. Hill
to do something traditionally American: they will go camping. The Boy
Scout Jamboree at A.P. Hill is a quadrennial gathering of Scouts and a
celebration of what is good in America.
Mr. Chairman, I think we can all agree that institutions like the Boy
Scouts and their Boy Scout Jamboree are welcome sights in our current
times. I remind my colleagues that the Supreme Court asked that ``God
save the United States and this honorable Court,'' and that our
national currency reads ``In God We Trust,'' and that the military and
congressional oaths of office end with ``so help me God.''
There are some who believe that this simple acknowledgment of God by
young men is reason to sever a nearly 100-year-old relationship between
the Boy Scouts and the Federal Government. This amendment will ensure
that the Boy Scouts are treated fairly by guaranteeing their right to
equal access to public facilities, forums and programs, and will
clarify Federal law so that the Boy Scouts of America will receive the
same amount of support from the Department of Defense as any other
nonprofit organization in this country, including the right to continue
the Boy Scout Jamboree at Fort A.P. Hill in Caroline County, Virginia,
in my district.
The Department of Defense has every right to support the activities
of the Boy Scouts of America, and this amendment will protect this
important
[[Page H4007]]
relationship. This relationship between the Scouts and DOD should not
be manipulated or infringed upon. The national jamboree is an
incomparable opportunity for training our military, and it would be a
detriment to our armed services and to the Boy Scouts to jeopardize it
by frivolous lawsuits. Since 1937 when the Boy Scouts have held the
national jamboree, six jamborees have taken place at Fort A.P. Hill
since 1981.
Mr. Chairman, this relationship between DOD and the Boy Scouts of
America is a mutually beneficial partnership, as many former Scouts
choose to join the ranks of our Nation's Armed Forces.
It is worth noting that every enlistee and officer swear a similar
oath before God as a prerequisite for service to our country.
In a time of uncertainty and angst, our Nation's young people face
more challenges than ever before. As a parent and a concerned citizen,
I have seen the temptations and the dangers that meet our children
every day of their lives. I have seen the decisions that they must
make, and I have seen the repercussions from poor decisions.
Yet here is a refuge, an institution that teaches civility,
friendship, loyalty, honor, and character. It is an institution that
encompasses all that is good in our society: faith, family, and
country. The Boy Scouts of America has made a lasting contribution to
America, and the partnership between the Pentagon and the Boy Scouts
has played an important role in this contribution.
Mr. Chairman, I urge my colleagues to support this amendment.
Mr. HUNTER. Mr. Chairman, will the gentlewoman yield?
Mrs. JO ANN DAVIS of Virginia. I yield to the gentleman from
California.
Mr. HUNTER. Mr. Chairman, I just want to thank the gentlewoman for
her amendment, she is a valued member of the committee, and let her
know I support her amendment very strongly. I think it is an excellent
partnership, and one that has taken place for many, many years. We hope
at some point to have a Shining Sea Scout March from the shores of
California all the way out to A.P. Hill, almost to the ocean.
Mr. DINGELL. Mr. Chairman, I yield myself 2 minutes.
(Mr. DINGELL asked and was given permission to revise and extend his
remarks.)
Mr. DINGELL. Mr. Chairman, I rise in strong support of the amendment.
I thank my colleague, the gentlewoman from Virginia (Mrs. Jo Ann
Davis), for introducing a very important amendment to support the Boy
Scouts of America and their jamborees. I also would like to thank my
colleagues, the gentleman from Missouri (Mr. Blunt) and the gentleman
from Colorado (Mr. Hefley), for their hard work on this issue.
Mr. Chairman, in 1937, the first jamboree was held at the base of the
Washington Monument on the National Mall. Interestingly enough, as a
young boy, I attended, not as a Scout, but as an observer, that
wonderful event. Since then, there have been 15 national scout
jamborees, with the last six being held at Fort A.P. Hill.
These jamborees have given better than 600,000 young Americans the
opportunity to celebrate the skills and lessons they have learned in
scouting. They have had the opportunity to learn to hike, camp, learn
about citizenship, leadership, and service to their community. In
short, the Scouts teach our young people important skills and values
that will help them throughout their lives and make them more
productive and more valuable citizens.
I recently introduced H.R. 1301, which, if passed, would restore the
ability of our Armed Forces to directly support Scout troops and to
ensure that Scouts will continue to have the use of Fort A.P. Hill and
the assistance of our Armed Forces for its jamborees as they have for
so many years. I believe this amendment furthers that objective, and I
support it strongly for that reason.
I grew up, Mr. Chairman, as a Boy Scout. I became a scoutmaster and I
watched proudly as both of my sons became Scouts and my two daughters
became Girl Scouts. It is important for Scouts to continue to be able
to hold their national jamborees at A.P. Hill and for us to remove
impediments to proper contributions by this government to the
citizenship of our young people.
Mr. Chairman, I urge my colleagues to support the Davis amendment,
and I urge the adoption of the amendment.
Mr. Chairman, I reserve the balance of my time.
Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I yield 2 minutes to the
gentleman from South Carolina (Mr. Wilson).
Mr. WILSON of South Carolina. Mr. Chairman, I thank the gentlewoman
for yielding me time and for her leadership on this issue. I also
appreciate the leadership of our chairman, the gentleman from
California (Chairman Hunter), and the support from our friends on the
other side. This is a very important issue, providing for the ability
of the Department of Defense to support youth organizations, including
the Boy Scouts of America.
I am very pleased about scouting and what it means as a worldwide
movement to so many young people and how it has been so inspiring in
promoting character, education, and training. I also know that you can
look at young people and tell and forecast success, because persons
involved in scouting, nearly 70 percent of the persons who attend the
different academies of the United States have been members of scouting:
23 of the 26 first American astronauts were active in scouting; 85
percent of FBI agents have been active in scouting. This has a great
impact on our Nation.
Additionally, I know the hard work of the adult leaders. We have
people in my home community with the Indian Waters Council, the past
president, John Hipp, has raised phenomenal amounts of money to promote
scouting camps so young people have opportunities during the summer. We
have got good people, such as our commissioner, Larry Brown, who is now
leading our council, so that we have opportunities for young people.
I know firsthand, too, and am very pleased about the national
jamboree. I have had two sons attend at Camp A.P. Hill. Additionally, I
am very familiar that the Naval Academy provides the Eagle Scout
Association Weekend with opportunities for the Scouts to learn about
opportunities at the Naval Academy at Annapolis.
I have worked very closely with Scouts units in visiting here in
Washington to tour Washington. We have the ability of Scouts to stay
overnight with space available for Scouts to come and visit and tour
Washington, to go to Philmont, the Boy Scout camp in New Mexico.
A final point I would like to make is personally I have worked with
Troop 1, Faith Lutheran Church in West Columbia, and I have three sons
who are Eagle Scouts. All three are now military officers in the
military of the United States. The fourth will be an Eagle Scout later
this year.
A highlight for us is that our second son, a Navy lieutenant, arrives
for service in San Diego today, so we are very proud that he will be in
the company of our chairman, the gentleman from California (Chairman
Hunter).
In conclusion, God bless our troops. We will never forget September
11.
Mr. DINGELL. Mr. Chairman, with great pleasure, I yield 2 minutes to
my dear friend, the gentleman from Missouri (Mr. Skelton).
Mr. SKELTON. Mr. Chairman, I thank the gentleman from Michigan for
yielding me time.
Mr. Chairman, there are magic moments in a person's life. One of
those magic moments happened to me in April 1948 in Kansas City,
Missouri, at the Music Hall Auditorium, where I manned the stage with a
good number of other Boy Scouts, my mother walking up the steps with
me, a rose being handed to me which I handed to her, and I shook hands
with the sponsor of the Eagle Scout class, Dr. Milton Eisenhower, the
then-president of Kansas State University. It was a moment to remember.
That was my Eagle Scout Code of Honor. Of course, I am pleased to say
that we have a son also that is an Eagle Scout.
Scouting builds good citizenship. I have been around it all my life.
Looking back, I have so much to thank my scoutmaster, John L.
Marchetti, old Troop 418, for the young men he worked with and molded
into good Missouri citizens.
[[Page H4008]]
It is important that young Scouts have the finest places to camp, the
finest places to learn the skills, the camping, the frontiering, learn
the active parts of the Scout law: to be trustworthy, loyal, helpful,
friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean
and reverent. They can learn these on reservations that are and do
belong to our military. As a matter of fact, a good number of Scouts
that come through the Scouts ranks volunteer and become part of the
military, many of them for a career.
So it certainly is fitting that the gentlewoman from Virginia offers
this amendment. I thoroughly endorse it. I certainly hope it passes
overwhelmingly. I thank the gentleman from Michigan (Mr. Dingell) again
for giving me this opportunity to speak in support thereof.
Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I yield 2 minutes to the
gentleman from Missouri (Mr. Blunt), our majority whip.
Mr. BLUNT. Mr. Chairman, I thank the gentlewoman for yielding me
time, and I am pleased to be here on the floor as she brings this
amendment to this bill. I am also pleased to be part of the debate that
is joined by my good friend, the gentleman from Michigan (Mr. Dingell),
and my good friend, the gentleman from Missouri (Mr. Skelton), and to
listen a moment ago when the gentleman from South Carolina (Mr. Wilson)
gave such a great sense of what scouting has meant to America and to so
many American lives.
At one time I know the military academy applications had the question
on there, ``Were you an Eagle Scout?'' It mattered if you were, just as
it matters now if people realize you received that kind of recognition,
had that kind of dedication to scouting, the value of scouting to our
country, the value of scouting to individuals, the memories like the
one that the gentleman from Missouri (Mr. Skelton) just mentioned,
which are important.
But the values of scouting are also important, and as we evaluate
those values, you have to ask yourselves based on the reason to have
this debate today, what is next? What other core value of America would
begin to stand in the way of institutions that have been so much part
of what we are? Extremist groups want to remove God from the national
symbols, attack the Pledge of Allegiance, and now even the Boy Scouts.
There is no more American symbol of our Scouts than the understanding
that the Scouts represent the values of America. Some groups well
outside the mainstream of our society have wanted to penalize the
Scouts for representing those mainstream values by isolating them, by
not allowing them to use some public facilities, some public forums, to
really see a fundamental change in these programs that should not be
changed because they are based on fundamentals.
{time} 1445
So as we bring this amendment today, obviously our goal is to support
the Scouts, support their commitment to God and country, support the Jo
Ann Davis of Virginia amendment, and ensure that our Scouts have access
to Department of Defense facilities, and the support and encouragement
of this Congress.
Mr. DINGELL. Mr. Chairman, I have no requests for time at this time,
so I reserve the balance of my time. If the gentlewoman wants to
terminate the debate, I will be supportive of that.
Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I have several other
speakers. I yield 3 minutes to the gentleman from Missouri (Mr. Akin),
who is chairman of the Boy Scout Caucus.
Mr. AKIN. Mr. Chairman, I am the cochair, with the gentleman from
Missouri (Mr. Skelton), and I rise in support of this good amendment of
the gentlewoman from Virginia.
I am a father of four Eagle Scouts, and I have to say I am a little
proud of that. I have had a chance to work with Eagle Scouts and Boy
Scouts now for a good many years, more than I would care to publicly
admit. I have to say that this is an institution just as American and
just as fine as any American tradition. I have seen so many young Boy
Scouts come in, and they hardly know their right hand from their left
hand, and after a couple years of scouting, they emerge as young
leaders. It is always an encouragement to work with them.
Now, what the Jo Ann Davis of Virginia amendment would do would be to
reaffirm the Boy Scouts' long-standing partnership with the Department
of Defense. I was really opposed to and offended by the fact that the
Department of Defense gave instruction to its bases worldwide that
precluded official sponsorship of Boy Scout troops. While this policy
allows military personnel to sponsor scouting events and troops in a
private capacity, this unsound policy was reached as a partial
settlement to a lawsuit filed against the Department of Defense in 1999
by the ACLU, because the ACLU did not like the scouting oath of
allegiance to God.
Now, this is particularly ironic, is it not, that they do not like
the Boy Scouts having a pledge saying that this is under God, and, yet,
the armed services take the same oath when they join the armed
services. There seems to be some sort of an irony here, I suppose.
The amendment would further clarify that relationship between the
Department of Defense and the Boy Scouts of America, and it would
specifically authorize meetings, jamborees, camporees or other scouting
activities on Federal property as long as the scouting troops obtain
the appropriate permission.
So I think this is an excellent amendment, and I thank my colleagues
so much for their consideration of this amendment.
Hats off to the gentlewoman from Virginia (Mrs. Davis), and I
strongly urge the support of my colleagues.
Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I yield 2 minutes to the
gentleman from Louisiana (Mr. Boustany).
Mr. BOUSTANY. Mr. Chairman, I thank the gentlewoman for yielding me
this time.
I rise in support of the Jo Ann Davis of Virginia amendment which
would allow the Department of Defense to continue its prior support of
youth organizations, including the Boy Scouts of America and its
affiliates.
The Boy Scouts of America is a valuable organization which has served
thousands of children and young adults since 1910, teaching them the
value of family, community, service and leadership. The Department of
Defense has sponsored affiliates of the Boy Scouts of America for
years, providing valuable support by holding meetings, camping events
and other activities on Defense property, as well as hosting official
events. That partnership will come to a halt if Congress does not act.
In order to settle a lawsuit, the Department of Defense agreed to
instruct its bases worldwide not to sponsor Boy Scout troops because of
the Scouts' oath of allegiance to God. How can we as a Nation punish an
organization for a pledge similar to that which every single enlistee
and officer swears before God as a prerequisite for service to our
country?
By passing this amendment, we will ensure that youth organizations,
including the Boy Scouts of America, are not discriminated against
because of their values and beliefs; and for that reason, I urge
adoption of this amendment.
Mr. DINGELL. Mr. Chairman, I have no further requests for time on
this side. If the gentlewoman would like, then, we could yield back
time and conclude the debate and have a vote.
Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I have no further
speakers either, and I urge adoption of the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. DINGELL. Mr. Chairman, I urge the adoption of the amendment.
Mr. DUNCAN. Mr. Chairman, I rise in support of the gentlelady from
Virginia's amendment to allow the Department of Defense to allow Boy
Scout troops on military bases. The Boy Scouts of America is probably
one of the finest organizations in the Nation today.
The Scouts teach young boys to support God and family and Country,
and this Nation would be a stronger place today if we had more
organizations like the Boy Scouts. The Scouts also teach young boys all
sorts of skills and how to work to achieve ranks and merit badges that
they certainly would not learn from any other group.
Most young people today have grown up with the television as a
babysitter and have been taught to worship the computer. I have nothing
against either television or computers, but anything that we can do to
get young people outdoors or actually into constructive activities
rather than just staring at a screen is a
[[Page H4009]]
really good thing in my opinion. The Boy Scouts do this.
I was a Scout leader for two years prior to coming to Congress and
several years ago was given the highest designation given to any adult
in Scouts, the Silver Beaver Award. Only about 16 percent of all boys
ever start in Scouts in the first place, and these are probably
primarily our finest boys. Anything we can do to get more boys involved
in Scouting is a good thing for this Country, and I think Scouting will
lead many young boys to consider careers in the military. So, I
strongly support the amendment by Mrs. Davis and urge my colleagues to
do likewise.
Mr. DINGELL. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Culberson). All time having expired, the
question is on the amendment offered by the gentlewoman from Virginia
(Mrs. Jo Ann Davis).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I demand a recorded
vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Virginia
(Mrs. Jo Ann Davis) will be postponed.
The Acting CHAIRMAN. It is now in order to consider Amendment No. 12
printed in House report 109-96.
Amendment No. 12 Offered by Mrs. Davis of California
Mrs. DAVIS of California. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 12 offered by Mrs. Davis of California:
Add at the end of title VII the following new section:
SEC. 7__. LIMITING RESTRICTION OF USE OF DEPARTMENT OF
DEFENSE MEDICAL FACILITIES TO PERFORM ABORTIONS
TO FACILITIES IN THE UNITED STATES.
Section 1093(b) of title 10, United States Code, is
amended by inserting ``in the United States'' after
``Defense''.
The Acting CHAIRMAN. Pursuant to House Resolution 293, the
gentlewoman from California (Mrs. Davis) and a Member opposed each will
control 15 minutes.
The Chair recognizes the gentlewoman from California (Mrs. Davis).
Mrs. DAVIS of California. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, today we are considering how the Defense bill can best
provide for the men and women serving overseas. The Davis-Harman-
Sanchez amendment lifts the current restriction on reproductive care in
overseas military hospitals and permits servicewomen to walk into a
U.S. military hospital, a familiar and trusted place, to use their own
private funds for safe and legal pregnancy termination services.
Under current law, women have to return home for medical services
after obtaining permission from their commanding officer and finding
space on military transport. The other option for them is venturing out
to a hospital in a foreign country if, in fact, they are able to do
that.
Servicewomen do not receive the protection of the Constitution they
defend. Mr. Chairman, let me repeat that again. Servicewomen do not
receive the protection of the Constitution they defend.
We trust women in the military to secure our safety. We ask women to
put their lives at risk for our freedoms. So why is it that we do not
support them when they require safe and legal medical services?
I want to clarify a few points about this amendment. No Federal funds
would be used for these procedures. Military women would use their own
funds. This amendment only affects overseas military hospitals and
would not violate host country laws. It will, however, open up
reproductive services at bases in countries where abortion is legal.
And it does not compel any doctor, any doctor who opposes these
procedures on principle, to perform one.
I ask that all the Members support our servicewomen, support our
servicewomen by supporting the Davis-Sanchez-Harman amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. RYUN of Kansas. Mr. Chairman, I rise in opposition, and I yield
myself such time as I may consume.
Mr. Chairman, I strongly oppose the Davis amendment. Allowing self-
funded abortions would simply turn our military hospitals overseas into
abortion clinics.
This amendment is not about equal access to health care; it is simply
offered to make a political point. Female military personnel who are
stationed overseas already have access to abortion clinics where they
are legal. In some cases, women prefer to have abortions in the United
States, and that option is available under the current law that is now
in operation.
Furthermore, overseas military hospitals already offer self-funded
abortions when the life of the mother is in danger or the pregnancy is
the result of rape or incest.
Abortion services are already available, and there is no demonstrated
need for expanding abortion access. Furthermore, this amendment does
not seek to address operational requirements or ensure access to an
entitlement.
Although this amendment is presented as providing for solely self-
funded abortion, the fact is that American taxpayers will be forced to
pay for the use of military facilities, the procurement of additional
equipment needed to perform abortions, and the use of needed military
personnel to perform these abortions.
Military doctors signed up to save the lives of our dedicated
servicemen and women, not to end the lives of babies. Many military
doctors, even those who are pro-choice, would not want to perform
abortions.
I think it is important to note that this amendment was offered in
the Committee on Armed Services where only 19 of the committee's 64
members supported it.
I ask my colleagues to vote against turning our military hospitals
into abortion clinics and to vote against the Davis amendment.
Mr. Chairman, I reserve the balance of my time.
Mrs. DAVIS of California. Mr. Chairman, I yield 2 minutes to the
gentlewoman from California (Ms. Harman).
Ms. HARMAN. Mr. Chairman, I thank my colleague for yielding me this
time and other colleagues from California for letting me speak early in
this debate.
Mr. Chairman, I was a member of the Committee on Armed Services for 6
years and, during that time, every single year, played a role in
sponsoring this worthy amendment. I urge its adoption again this year.
Mr. Chairman, I just returned from the Middle East and the World
Economic Forum where the First Lady spoke. Her speech, which emphasized
the importance of women's equality in the region, was extremely well
received.
Mrs. Bush serves as a wonderful ambassador to the world, but she is
just one woman. There are over 200,000 women serving in the U.S.
military and 19,000 women currently in Iraq and Afghanistan. These
women are flying helicopters and fighter aircraft. They are saving
lives as nurses and doctors. They are driving support vehicles,
patrolling bomb-ridden highways, and standing duty at checkpoints,
shouldering weapons. They serve as an example and an inspiration to the
women they come into contact with, and they break down stereotypes held
by many men.
With this in mind, I urge my colleagues to support this amendment
which would lift the current ban on privately funded abortions in
military overseas hospitals.
The amendment does not force military doctors to perform abortions,
and it does not place an undue focus on the procedure in such
facilities, because abortions in the case of incest, rape, or life
endangerment are already performed there. What this amendment does is
to give servicewomen and female military dependents stationed abroad
the same constitutional rights as women living here.
Separate from this amendment, but also enormously important, is the
issue of career opportunities for women in the military. I applaud the
Committee on Armed Services for coming back from the precipice and
removing language barring women from serving in forward support
companies. I am confident that following the Pentagon's review of its
personnel policies, assessing what positions should be open to
[[Page H4010]]
servicewomen, we will be here on the floor to heap praise on our GI
Janes, rather than barring them from opportunities to serve our
country.
Vote for the Davis-Harman-Sanchez amendment.
Mr. RYUN of Kansas. Mr. Chairman, I yield 2 minutes to the
gentlewoman from North Carolina (Ms. Foxx).
{time} 1500
Ms. FOXX. Mr. Chairman, I rise today in strong opposition to the
Davis amendment.
Military treatment centers which are dedicated to healing, nurturing
and saving life should not be forced to facilitate the taking of the
most innocent human life, the child in the womb. This amendment is a
barely germane, blatant distraction from the important bill we are
considering today.
The amendment would mandate that Federal dollars be used to fund
abortions, and contradicts fundamental U.S. military values such as
honor, courage, and taking responsibility for one's own actions.
Mr. Chairman, as stewards of hard-working Americans' tax dollars, we
cannot ask our constituents to fund the killing of human life on our
military installations.
Life does begin at conception, and it is sacred.
As Members of Congress, we should do all we can to protect life.
Instead, while we stand here today to fund our troops and protect our
great Nation, opportunist Members of the Democratic Party are once
again belittling and devaluing the sanctity of human life.
If this inappropriate amendment were adopted, not only would
taxpayer-funded facilities be used to provide abortion on demand, but
resources could be used to search for, hire, and transport new
personnel simply so that abortions could be performed.
That is right. Instead of hiring new personnel to operate tanks, fly
planes, fight insurgents, train coalition forces, treat troops and
defend America, this amendment asks taxpayers to pay new personnel to
perform abortions and kill human fetuses.
Mr. Chairman, that is despicable.
This amendment must be defeated so we can return to the meaningful
consideration of the national defense authorization bill.
I urge my colleagues to join me in protecting human life by voting
against the Davis amendment.
Mrs. DAVIS of California. Mr. Chairman, I yield 2 minutes to the
gentlewoman from California (Ms. Loretta Sanchez).
Ms. LORETTA SANCHEZ of California. Mr. Chairman, I would like to
thank the gentlewoman from California for introducing this very
important and necessary amendment.
Members of the Armed Forces are entitled to quality of life equal to
that of the Nation that they are pledged to defend. Female military
servicemembers and military dependents are stationed overseas, and they
deserve the same rights as their counterparts who are stationed here in
the United States.
Whether you are pro-choice or pro-life, agree or disagree with the
merits of reproductive freedom, the fact remains: women of the United
States have a constitutional right to these services.
Military women should not be forced to go to off-post medical
facilities where language barriers and questionable conditions can be
insurmountable obstacles. Nor should they be forced to arrange for
leave and military transport to return stateside, requiring the
intensely personal reason for their leave to be, at best, an open
secret, if not outright common knowledge.
If your daughter or your wife or your sister or friend had to make
this tough reproductive choice and was stationed overseas, do you
believe that, as an adult woman, they should be required to disclose
this information to their commanding officer? Would you want to put her
on a plane, alone? Our servicewomen and their dependents deserve
better.
This amendment allows military personnel and their dependents serving
overseas to use their private funds to obtain safe, legal abortion
services in overseas military hospitals. No Federal funds will be used.
This amendment will not violate host country laws, nor does it compel
any doctor who opposes abortion on principle to perform one. It will,
however, open up reproductive services at bases and countries where
abortion is legal.
Current law treats the women who so bravely defend our country like
second-class citizens in terms of their legal right to have an
abortion. And this injustice needs to end.
Mr. Chairman, I urge my colleagues to vote for the rights of our
servicewomen and dependents abroad. And again I thank the gentlewoman
from California (Mrs. Davis) for introducing this amendment.
Mr. RYUN of Kansas. Mr. Chairman, I yield 1 minute to the gentlewoman
from Virginia (Mrs. JoAnn Davis).
Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I rise today in
opposition to the amendment offered by my colleague, the gentlewoman
from California. For the last 9 years, without fail, this body has
voted against funding abortions in DOD medical treatment facilities,
and I trust that today we will make that number 10.
Military physicians and personnel are tasked to provide life-saving
and nurturing care to our men and women of the armed services. In this
amendment, we are asking them to facilitate the exact opposite of their
mission by performing abortions.
Particularly at a time when their resources are devoted to addressing
the needs of servicemembers suffering from wounds and trauma sustained
in Operations Iraqi Freedom and Enduring Freedom, we must continue to
support the doctors and nurses of the military in their effort to save
and sustain life.
Mr. Chairman, American taxpayer dollars should not be used to pay for
abortions, directly or indirectly, wherever they occur. Supporters of
this amendment claim that taxpayer dollars would not actually pay for
abortions, as you just heard. However, as previously pointed out, this
simply is not true.
Taxpayers would be paying for these abortions by subsidizing the cost
of the physician services, the hospitals, and the abortion equipment.
Our current law protects against this, and I urge my colleagues to keep
this commonsense policy intact.
Mrs. DAVIS of California. Mr. Chairman, I yield one minute to the
gentlewoman from California (Ms. Woolsey).
Ms. WOOLSEY. Mr. Chairman, I rise today in strong support of the
Davis-Harman amendment. Today, and over the last few years, we
continually have voiced our support for our troops many, many times
over, passing resolutions of support, providing our troops with
adequate training and equipment, just the beginning. And I know of no
better way to demonstrate our genuine support than by finally giving
women in our Armed Forces and the wives and the daughters of the men in
our military, the ability to exercise their constitutional right to
choose, to choose their reproductive options while being stationed
abroad.
We routinely ask servicewomen to put their lives on the line in
defense of our country and our country's ideals. That is why we must
not require them to put their lives on the line when seeking
constitutionally protected reproductive services. Please join me in
supporting our troops by supporting this much needed amendment. Lift
the current ban on life-threatening procedures withheld from our women
serving overseas.
Mr. RYUN of Kansas. Mr. Chairman, may I inquire as to how much time I
have left.
The Acting CHAIRMAN (Mr. Putnam). The gentleman from Kansas has 10\1/
2\ minutes remaining.
Mr. RYUN of Kansas. Mr. Chairman, I yield 1 minute to the gentleman
from Louisiana (Mr. Boustany).
Mr. BOUSTANY. Mr. Chairman, this is the second time this week that
the House has considered the important issue of life of the unborn.
I rise in strong opposition to the Davis amendment which attempts for
the ninth time in 9 years to repeal a provision of law which prevents
military doctors from performing abortions at overseas military
hospitals.
As a physician, I have dedicated my life to healing and nurturing
human life. Military hospitals, which are paid entirely with taxpayer
dollars, should not facilitate the taking of innocent human lives.
Additionally, this does not take away a single existing right for women
serving overseas, as they do have the option to travel to other
locations for the procedure.
[[Page H4011]]
Mr. Chairman, I urge my colleagues to preserve military hospitals as
a place of healing and to vote against the Davis amendment.
Mrs. DAVIS of California. Mr. Chairman, I yield 1 minute to the
gentleman from New York (Mr. Crowley).
Mr. CROWLEY. Mr. Chairman, I rise in strong support of the amendment
being offered by the gentlewoman from California (Mrs. Davis), the
gentlewoman from California (Ms. Harman), and the gentlewoman from
California (Ms. Loretta Sanchez).
No one here would dare question the contributions being made by
American woman living on military bases overseas.
Whether they are active servicemembers, spouses or dependents of
military personnel, every last one of them is making a great sacrifice
to support our country abroad.
Every last one of them should have access to safe medical procedures
that are legally available to every American woman here in the United
States.
Why would our government tell these women that they can receive
abortion care in the U.S., that with their own private funds that it is
too bad they are serving in our military and happen to be overseas, and
therefore be denied access to care they could receive right here on
terra firma?
Why would our government tell women who are willing to die to protect
their country that their country's laws on health care services do not
extend to them when they leave U.S. soil?
Regardless of one's personal feelings on abortion, I would hope that
everyone could agree that it is most certainly wrong to discriminate
against women in the military.
For our government to tell this essential and noble group of women,
some of whom literally dodge bullets to protect our interests, that we
will not allow them the same range of quality care available to women
living within our borders, that is not only dangerous; I believe it is
un-American, and I urge an ``aye'' vote.
Mr. RYUN of Kansas. Mr. Chairman, I yield 2 minutes to the gentleman
from Missouri (Mr. Akin).
Mr. AKIN. Mr. Chairman, I once again come to this floor, to this body
to a debate on the issue of abortion in overseas military hospitals.
And I would urge my colleagues to honor the consciences of the
caregivers and also the taxpayers who fund these facilities.
As a member of the Armed Services Committee, as a former military
officer, but also as a father with two sons in the military, I have
seen the dedication of our troops. I have even heard very-close-to-home
accounts of people that are willing to sacrifice their lives so that we
could have life and liberty and the pursuit of happiness in this land.
And is it so odd then to make the next step to understand that the
young men and women who are entering our medical divisions of the armed
services also hold the same set of values? And now, are we going to
compel these people to be active and to take part in destroying life
when they are risking their lives to protect life? It seems to make no
sense whatsoever to compel them to do this thing.
Well, in fact when the Clinton administration overturned the DOD
policy against abortion in 1993 through 1996, military physicians
refused to perform or assist in elective abortions, thus forcing the
administration to spend additional taxpayer dollars on recruiting and
hiring civilians who would do the abortions.
Now, this government should never condone abortion by turning
military hospitals into abortion clinics with the taxpayers picking up
the tab. Now, I understand that supposedly this woman is going to pay
for it. But certainly, even if she does, you are still going to have to
hire these new doctors that are going to come in and all of the other
services to support that all come out of taxpayer expense. This is
unconscionable. Our policy is reasonable the way it is stated, and the
language before us has been debated and rejected year after year since
1996.
I ask my colleagues to defeat this amendment.
Mrs. DAVIS of California. Mr. Chairman, I yield 1\1/2\ minutes to the
gentlewoman from New York (Mrs. Maloney).
Mrs. MALONEY. Mr. Chairman, I rise in support of the Davis amendment
which would allow our brave servicewomen to obtain safe, legal abortion
services in overseas military hospitals at no cost to the taxpayers.
Today a female soldier overseas lacks on-base access for her
constitutional right to choose, even if she pays for it herself.
At a time when the military is spread thin and not meeting its
recruiting targets, we are sending an odd message to women soldiers and
possible recruits. As a reward for protecting our freedom, we restrict
yours. As a reward for risking your life, we give you a lecture on the
right to life instead of giving you the care that you seek. As a reward
for receiving modest wages, we tell you that you cannot buy some health
care, even at any price.
This Congress has made over 211 anti-choice votes since 1994. For the
sake of our women serving in Afghanistan and Baghdad, let us not make
it 212.
Mr. RYUN of Kansas. Mr. Chairman, I yield 1 minute to the gentleman
from Pennsylvania (Mr. Pitts).
Mr. PITTS. Mr. Chairman, I rise to oppose the Davis amendment, which
year after year has been offered and defeated. When President Clinton
allowed abortions in military facilities in the early 1990s, all
military physicians, as well as many nurses and supporting personnel,
refused to perform or assist in elective abortions. In response, the
administration sought to hire civilians to do abortions. The current
administration would not do this. But future administrations could.
Therefore, if the Davis amendment were adopted, not only could
taxpayer-funded facilities be used to support abortion on demand, but
resources could be used to search for, hire, and transport new
personnel simply so that abortions could be performed.
Military treatment centers, which are dedicated to healing and
nurturing life, should not be forced to facilitate the taking of the
most innocent human life, the child in the womb. The American working
family should not be forced to fund the extremist health care agenda of
this amendment. Vote ``no'' on the Davis amendment.
Mrs. DAVIS of California. Mr. Chairman, can I inquire into the time
we have available.
The Acting Chairman (Mr. Putnam). The gentlewoman has 6 minutes
remaining.
Mrs. DAVIS of California. Mr. Chairman, I now yield 1\1/2\ minutes to
the gentleman from New York (Mr. Nadler).
Mr. NADLER. Mr. Chairman, I will rise to support this amendment which
would reverse the shameful policy forbidding women in our Armed Forces
from using even their own funds to pay for an abortion at a safe U.S.
medical facility abroad. It is truly sad and disgraceful that our
current policy requires women who are serving their country to
sacrifice their constitutional right to an abortion if they so choose.
I have heard the rhetoric from the opponents of this amendment. They
say that abortion is terrible. Well, that is their opinion. They are
entitled to it. But it is the law. It is a constitutional right of a
woman, if she so chooses, to have an abortion. And as long as that is
so, she should not be required to sacrifice her constitutional right
because she serves her country in the military abroad, or to choose to
give up her right or to go into a possibly unsafe foreign facility.
I have heard people say, well, even if she spends her own money, she
might have to spend money for a doctor because doctors do not want to
do it.
{time} 1515
It is not up to doctors or anybody else as to whether people should
enjoy their constitutional rights. If it costs money to enable a woman
who has chosen to serve her country in the armed services to have the
ability to have her constitutional rights, then it costs money.
Although I do not see why we should make sure that among the doctors in
the military there are those who are willing to perform any service
that the Constitution requires be afforded upon request.
So even to require a woman to give up her constitutional right which
she has, and whatever you may say about the duty is to heal and not to
take a life, some of us do not regard that as taking a life. But it is
her constitutional right. She should not be required
[[Page H4012]]
to give it up, especially when she pays for it herself. We should not
discriminate against women in the military.
Mr. RYUN of Kansas. Mr. Chairman, how much time have I remaining?
The Acting CHAIRMAN (Mr. Putnam). The gentleman from Kansas (Mr.
Ryun) has 6\1/2\ minutes remaining.
Mr. RYUN of Kansas. Mr. Chairman, I yield 3 minutes to the gentleman
from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Chairman, I thank my friend for yielding
me time, and I congratulate him for his courage in leading the battle
on this amendment.
Mr. Chairman, 90 percent of the hospitals in the United States today
refuse to abort unborn children, and the trend is for hospitals to
divest themselves of this violence against children.
It is outrageous that as hospitals in our country repudiate abortion,
the Davis amendment seeks to turn our overseas military hospitals into
abortion mills. With all due respect to the gentlewoman from California
(Mrs. Davis), the amendment she offers will result in babies being
brutally killed by abortion. It will harm women, and it will force pro-
life Americans to facilitate and subsidize the slaughter of innocent
children.
We want no part of the carnage.
Abortion is violence against children and it harms women. Some
methods of abortion dismember and rip apart the fragile little bodies
of children. Other methods chemically poison kids. Abortion has turned
children's bodies into burned corpses, the direct result of the caustic
effect of the chemicals.
Now we learn, Mr. Chairman, from science and from medicine that due
to the nerve cell development, unborn children from at least 20 weeks
onward, and most likely even earlier, feel excruciating pain. They feel
pain, two to four times more pain than you and I would feel from the
same assault.
One of those methods depicted to my left on this poster board, the D
and E method, it is a common, later-term method of abortion, takes
about 30 minutes to commit as the arms and the legs and the torso are
painfully hacked into pieces. Interestingly, Mr. Chairman, the partial-
birth abortion legal trials in various courts around the country drew
attention to the pain issue that children feel during an abortion.
Dr. Sunny Anand, Director of the Pain Neurobiology Lab at Arkansas
Children's Hospital said, ``The human fetus possesses the ability to
experience pain from 20 weeks of gestation onward, if not earlier, and
the pain that is perceived by a fetus is more intense than that
perceived by newborns or by older children.'' He went on to explain
that the pain inhibitory mechanisms, in other words, the fibers that
dampen and modulate the pain or the experience of it, do not begin to
develop until about 32 to 34 weeks.
Finally, Mr. Speaker, Dr. Alveda King, niece of the late Dr. Martin
Luther King, has said, ``How can the dream survive if we murder the
children?''
Dr. King, who has had an abortion herself, but is now pro-life and
bravely speaks out, says, ``We can no longer sits idly by and allow
this horrible spirit of murder to cut down and cut away our unborn.
This is the day to choose life,''
Dr. King goes on to say, ``We must allow our babies to live. If the
dream of Dr. Martin Luther King is to live, our babies must live.''
There is nothing benign or nurturing or curing about abortion. It is
violence against children. It dismembers them. It chemically poisons
them.
Vote down the Davis amendment.
Mrs. DAVIS of California. Mr. Chairman, I yield 1 minute to the
gentlewoman from Ohio (Mrs. Jones).
Mrs. JONES of Ohio. Mr. Chairman, I thank the gentlewoman for
yielding me time, and I thank her and her colleagues for this
amendment.
The prior speaker was talking about Dr. King, and Dr. King believed
in the rights of all people. This amendment provides rights to women
serving overseas and their dependents.
They are hollering over here, ``Murder.'' I do not believe in murder.
They are hollering over here about all these other issues. But the
reality is that the United States Supreme Court has decided that women
have the right to a legal, safe abortion. And all we are saying is that
women serving in the military ought to have the same rights as the
women in the United States of America since they give their lives.
The amendment allows women to pay for it. The amendment allows women
to exercise their right of choice.
If we were debating whether or not the United States would fund
Viagra, all these guys who talk about the pain that they know about
having an abortion would not be standing up saying that. None of them
will know about a woman's choice, and none of them will ever understand
the dilemma the woman has to face when she makes a choice.
Mr. Chairman, I rise in support of the Davis/Harman/Sanchez Amendment
to the Defense Authorization Bill.
This amendment repeals the statutory prohibition on abortions in
overseas hospitals and simply allows military personnel and their
family members serving overseas to use their own funds to obtain safe,
legal abortion services in overseas U.S. military hospitals.
Mr. Chairman, this administration has continued at attempts to chip
away the rights of women. This congress has proposed that women be
prohibited from paying for their own abortion and now have plans to
exclude us from military combat. What is next, Mr. Chairman?
I believe that military women should be able to depend on their base
hospitals for all of their health care needs. A repeal of the current
ban on privately funded abortion would allow military women and
dependents based overseas the same range and quality of medical care
available to women in the United States. No Federal funds would be used
to perform these procedures and no undue burden is placed on military
physicians overseas. In addition, this amendment does not compel any
doctor who opposes abortion on principle to perform one; it simply
opens up reproductive services at bases in countries where abortion is
legal.
It is unconscionable that this Congress would seek to prohibit a
woman's right to a safe and legal procedure. The fact that a woman is
stationed and is serving overseas should not deny her the opportunity
to obtain safe, reproductive services. I urge adoption of the Davis/
Harman/Sanchez amendment.
Mr. RYUN of Kansas. Mr. Chairman, I yield 1 minute to the gentleman
from Florida (Mr. Stearns).
Mr. STEARNS. Mr. Chairman, let me say to my colleagues, I come from
north central Florida, and we have a lot of beautiful Indian-sounding
names like Ocala, Okhumpka, Micanopy, Oklawaha.
Just for a moment, let us say I walked down anywhere from
Jacksonville through these wonderful small towns and I walked up to
somebody on the street and I said, Do you think we should allow the
Department of Defense medical facilities to be turned into abortion
clinics?
Now, if I asked that to anyone in north central Florida, I bet you
almost 99 percent of the people would say, Why are we turning our
military medical hospitals into abortion clinics?
That is why here on the House floor we have voted time and time again
and overwhelmingly defeated it. In fact, going back to 1996, 1997,
1998, 1999 right on up to currently we have defeated this amendment. It
will be defeated on the House floor too.
So I really find this debate one of persuasion on this side who wants
to turn medical facilities or medical military hospitals into abortion
clinics. I think, for many of us, that is just wrong, and that is why I
am against this amendment.
I urge my colleagues to vote against the bill.
Mrs. DAVIS of California. Mr. Chairman, I yield 1 minute to the
gentlewoman from California (Ms. Solis).
Ms. SOLIS. Mr. Chairman, today I rise in strong support of the Davis-
Harman-Sanchez amendment.
This amendment would repeal the current ban that forbids servicewomen
and female military dependents from using their own private funds for
an abortion, abortion care at overseas military hospitals.
Abortion is a very personal issue. I do not think it is one that
anyone here takes very lightly, but Members have to understand that
currently there are over 100,000 women that are right now serving on
active duty somewhere abroad, or their family members are there near a
military base. Health care for them is very important.
God forbid that one of these young women, or soldiers, is raped when
we know in fact in Afghanistan and currently in Iraq there have been
sexual
[[Page H4013]]
assaults and rapes. For God's sake, let us be rational about this
discussion. Let us allow these servicewomen to pay for the appropriate
care that they are willing to pay.
It is not taxpayer dollars that we are expending on this particular
procedure, and I think it is a gross misrepresentation for Members to
think that somehow this is an abuse of unwanted children. The fact of
the matter is that there are women who do need this health care and
many women who are in the service who are rape victims.
Mr. RYUN of Kansas. Mr. Chairman, I believe I have the right to, and
I reserve the balance of my time.
Mrs. DAVIS of California. Mr. Chairman, I yield 1\1/2\ minutes to the
gentleman from Connecticut (Mr. Shays).
Mr. SHAYS. Mr. Chairman, I rise in support of the Davis-Harman
amendment to H.R. 1815, the National Defense Authorization Act. This
amendment would lift the ban on privately funded abortion care provided
at overseas military bases. It would restore the right of female
servicemembers and dependents who are stationed overseas to use their
own funds to obtain reproductive health services, including abortion.
Current law forbids military hospitals from offering abortion care
except in cases of life endangerment, rape or incest. This amendment
does not ask for public funds to be used to finance these additional
reproductive health services. Rather, it allows U.S. servicewomen and
their military dependents to have access to privately funded abortion
services, the same as they would if they were living in the United
States.
I was disappointed the Committee on Rules did not make in order an
amendment I offered with the gentlewoman from Florida (Ms. Wasserman
Schultz) that would have allowed publicly funded abortions in the case
of rape or incest, just as Medicare allows and as currently allowed if
a woman's life is in danger.
Despite its not being included, I think passage of the Davis-Harman
amendment would be a positive development for women in the military,
and I urge its passage.
Currently, there are over 100,000 women who serve the United States
and are working in the military overseas, and the number grows rapidly
each year.
This amendment seeks to give back to servicewomen the
Constitutionally guaranteed right to reproductive choice.
Although I know many of my colleagues would prefer otherwise, Roe v.
Wade is the law of the land, and this ban takes away the legal rights
of servicewomen and their families in the military.
The ban discriminates against the women and families who have
volunteered to serve their country.
I support this amendment and encourage my colleagues to do so as
well.
Mr. RYUN of Kansas. Mr. Chairman, I reserve the balance of my time.
Mrs. DAVIS of California. Mr. Chairman, how much time remains?
The Acting CHAIRMAN. The gentlewoman has 1\1/2\ minutes remaining.
Mrs. DAVIS of California. Mr. Chairman, I yield myself the balance of
my time.
Mr. Chairman, as we consider this amendment and others today, I want
to urge my colleagues to consider the following questions:
What message do we give to the brave servicewoman whose life is on
the line this very minute in Iraq? What message do we give the young
woman who recently chose to join the military and defend this country?
Distilled to its essence, this defense bill reaches to the heart of
some very basic questions about America's policy towards servicewomen
and how we choose to treat them. And the question is, will we treat
them equally and with respect, or not?
Military women deserve the right to make private medical decisions
according to their own beliefs and to receive timely care from a
doctor. They should not have to find themselves alone on a plane to the
U.S. or alone in a foreign hospital.
The Davis-Harman-Sanchez amendment is about safety, individual
responsibility and fairness. I believe we owe our servicewomen this
much.
Mr. RYUN of Kansas. Mr. Chairman, I yield myself the balance of my
time.
Mr. Chairman, in conclusion, let me say I urge my colleagues to
oppose this amendment. It is an unnecessary amendment. We must not turn
our military installations into abortion clinics. Our military doctors
did not sign up to perform abortions, and we must not put them in that
position.
I urge my colleagues to vote ``no'' on the Davis amendment.
Ms. LEE. Mr. Chairman, I rise today in strong support of the Davis-
Harman-Sanchez Amendment.
There are over 200,000 women serving on active duty in the United
States military, and over 150,000 serving with the Guard or Reserve.
This common sense amendment allows these military women stationed
overseas and their dependents to exercise the same rights as women in
this country: The right to comprehensive family planning, including
access to a safe, legal abortion.
This amendment does not allow one cent of taxpayer money to fund
these procedures. It simply allows women to use their own money to pay
for this procedure in an overseas military facility.
It makes no sense that we have asked these soldiers to serve our
country and yet we cannot serve them with basic comprehensive health
care.
Let us reject this administration's ongoing, politically and
ideologically motivated war on women. Let's adopt this important common
sense amendment. I urge a ``yes'' vote.
Mr. RYUN of Kansas. Mr. Chairman, I yield back the balance of my
time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from California (Mrs. Davis).
The question was taken; and the Acting Chairman announced that the
noes appeared to have it.
Mrs. DAVIS of California. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from California
(Mrs. Davis) will be postponed.
It is now in order to consider amendment No. 1 printed in House
Report 109-96.
Amendment No. 1 Offered by Mr. Hunter
Mr. HUNTER. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 1 offered by Mr. Hunter:
Page 34, line 1, insert ``, to the extent provided in
advance in appropriations Acts,'' after ``shall''.
Page 58, after line 15, insert the following new section:
SEC. 228. FUNDING FOR SUPERSONIC CRUISE MISSILE ENGINE
QUALIFICATION.
(a) In General.--The amount in section 201(3) for research,
development, test, and evaluation, Air Force, is hereby
increased by $10,000,000, to be available for supersonic
cruise missile engine qualification, program element
0603216F, project 4921.
(b) Offset.--The amount in section 104 for procurement,
Defense-wide, is hereby reduced by $10,000,000, to be derived
from the chemical demilitarization program.
Strike section 574 (page 188, line 21, through page 194,
line 11) and insert the following:
SEC. 574. GROUND COMBAT AND OTHER EXCLUSION POLICIES.
(a) In General.--
(1) Chapter 37 of title 10, United States Code, is amended
by inserting after section 651 the following new section:
``Sec. 652. Notice to Congress of proposed changes in units,
assignments, etc. to which female members may be assigned
``(a) Rule for Ground Combat Personnel Policy.--(1) If the
Secretary of Defense proposes to make any change described in
paragraph (2)(A) or (2)(B) to the ground combat exclusion
policy or proposes to make a change described in paragraph
(2)(C), the Secretary shall, before any such change is
implemented, submit to Congress a report providing notice of
the proposed change. Such a change may then be implemented
only after the end of a period of 60 days of continuous
session of Congress (excluding any day on which either House
of Congress is not in session) following the date on which
the report is received.
``(2) A change referred to in paragraph (1) is a change
that--
``(A) closes to female members of the armed forces any
category of unit or position that at that time is open to
service by such members;
``(B) opens to service by female members of the armed
forces any category of unit or positon that at that time is
closed to service by such members; or
``(C) opens or closes to the assignment of female members
of the armed forces any military career designator as
described in paragraph (6).
``(3) The Secretary shall include in any report under
paragraph (1)--
``(A) a detailed description of, and justification for, the
proposed change; and
``(B) a detailed analysis of legal implication of the
proposed change with respect to the constitutionality of the
application of
[[Page H4014]]
the Military Selective Service Act (50 App. U.S.C. 451 et
seq.) to males only.
``(4) In this subsection, the term `ground combat exclusion
policy' means the military personnel policies of the
Department of Defense and the military departments, as in
effect on October 1, 1994, by which female members of the
armed forces are restricted from assignment to units and
positions below brigade level whose primary mission is to
engage in direct combat on the ground.
``(5) For purposes of this subsection, the continuity of a
session of Congress is broken only by an adjournment of the
Congress sine die.
``(6) For purposes of this subsection, a military career
designator is one that is related to military operations on
the ground as of May 18, 2005, and applies--
``(A) for enlisted members and warrant officers, to
military occupational specialties, specialty codes, enlisted
designators, enlisted classification codes, additional skill
identifiers, and special qualification identifiers; and
``(B) for officers (other than warrant officers), to
officer areas of concentration, occupational specialties,
specialty codes, designators, additional skill identifiers,
and special qualification identifiers.
``(b) Other Personnel Policy Changes.--(1) Except in a case
covered by section 6035 of this title or by subsection (a),
whenever the Secretary of Defense proposes to make a change
to military personnel policies described in paragraph (2),
the Secretary shall, not less than 30 days before such change
is implemented, submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives notice, in writing, of the proposed
change.
``(2) Paragraph (1) applies to a proposed military
personnel policy change, other than a policy change covered
by subsection (a), that would make available to female
members of the armed forces assignment to any of the
following that, as of the date of the proposed change, is
closed to such assignment:
``(A) Any type of unit not covered by subsection (a).
``(B) Any class of combat vessel.
``(C) Any type of combat platform.''.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section
651 the following new item:
``652. Notice to Congress of proposed changes in units, assignments,
etc. to which female members may be assigned.''.
(b) Report on Implementation of Department of Defense
Policies With Regard to the Assignment of Women.--Not later
than March 31, 2006, the Secretary of Defense shall submit to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a
report of the Secretary's review of the current and future
implementation of the policy regarding the assignment of
women as articulated in the Secretary of Defense memorandum,
dated January 13, 1994, and entitled, ``Direct Ground Combat
Definition and Assignment Rule''. In conducting that review,
the Secretary shall closely examine Army unit modularization
efforts, and associated personnel assignment policies, to
ensure their compliance with the Department of Defense policy
articulated in the January 1994 memorandum.
(c) Conforming Repeal.--Section 542 of the National Defense
Authorization Act for Fiscal Year 1994 (10 U.S.C. 113 note)
is repealed.
In section 825(d) (page 325, line 22), insert after
``Defense'' the following: ``for the Joint Military
Intelligence Program or Tactical Intelligence and Related
Activities''.
In section 825(e) (page 325, line 24), insert after
``committees'' the following: ``and the Permanent Select
Committee on Intelligence of the House of Representatives''.
At the end of subtitle B of title X (page 365, after line
19), insert the following new section:
SEC. 1017. ESTABLISHMENT OF MEMORIAL TO U.S.S. OKLAHOMA.
(a) Identification of Site for Memorial.--The Secretary of
the Navy, in consultation with the Secretary of the Interior,
shall identify an appropriate site on Ford Island, Hawaii,
for the location of a memorial to the U.S.S. Oklahoma, which
was sunk during the attack on Pearl Harbor on December 7,
1941.
(b) Establishment and Administration.--After the site for
the memorial is identified under subsection (a), the
Secretary of the Interior shall establish and administer a
memorial to the U.S.S. Oklahoma as part of the USS Arizona
National Memorial, a unit of the National Park System, in
accordance with the laws and regulations applicable to lands
administered by the National Park Service.
(c) Memorialization Plan.--Not later than one year after
the date of the enactment of this Act, the Secretary of the
Navy shall submit to Congress a memorialization plan for the
portion of Pearl Harbor where United States naval vessels
were attacked on December 7, 1941. The Secretary of the Navy
shall prepare the plan in consultation with the Secretary of
the Interior.
At the end of title XI (page 411, after line 5), insert the
following new section:
SEC. 1108. VETERANS' PREFERENCE STATUS FOR CERTAIN VETERANS
WHO SERVED ON ACTIVE DUTY DURING THE PERIOD
BEGINNING ON SEPTEMBER 11, 2001, AND ENDING AS
OF THE CLOSE OF OPERATION IRAQI FREEDOM.
(a) Definition of Veteran.--Section 2108(1) of title 5,
United States Code, is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by adding ``or'' after the
semicolon; and
(3) by inserting after subparagraph (C) the following:
``(D) served on active duty as defined by section 101(21)
of title 38 at any time in the armed forces for a period of
more than 180 consecutive days any part of which occurred
during the period beginning on September 11, 2001, and ending
on the date prescribed by Presidential proclamation or by law
as the last date of Operation Iraqi Freedom;''.
(b) Conforming Amendment.--Section 2108(3)(B) of such title
is amended by striking ``paragraph (1)(B) or (C)'' and
inserting ``paragraph (1)(B), (C), or (D)''.
Redesignate titles I through VIII of division B as titles
XXI through XXVIII, respectively.
The Acting CHAIRMAN. Pursuant to House Resolution 293, the gentleman
from California (Mr. Hunter) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California (Mr. Hunter).
Mr. HUNTER. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, this is a manager's amendment which has several
components. One component is cruise missile funding for the supersonic
cruise missile; another is a USS Oklahoma memorial; another is
veterans' preference. But the heart of this manager's amendment is the
amendment on women in combat, and that is not women in uniform as the
gentleman from Missouri (Mr. Skelton) likes to describe it, but women
in combat and the exclusion from direct ground combat in the United
States Department of Defense.
Mr. Chairman, let us make it clear to everyone, because clarity is
what we all want, there is presently a policy, a DOD policy, put forth
by then-Secretary of Defense Les Aspin, that has been adhered to, that
continues the American policy and tradition of not having women in
direct ground combat. That means manning machine guns, assaulting enemy
positions at close range with rifle and bayonet, with tanks, with
Bradley fighting vehicles, engaging in firefights; in short, doing all
the things that we know now that we have elements of the Marine Special
Operations and Army doing in the war against terror.
Now, the committee in asking, in inquiring of the Army as to what
their position was on this as they go into the development of the new
Army, it became clear that they were not sure.
{time} 1530
There were three separate briefing teams sent to the Hill, each of
whom had a different position within 3 days as to exactly what the
policy would be of excluding women from direct ground combat. As a
result of that, we had a provision in the bill that would statutorily
take the Army policy, the present policy, and Xerox it, exactly the
same policy, but would make it law.
We have had a number of people who have expressed concern about that.
We have had also a number of people who want to make sure we maintain
that policy and, as a result of that, we have, I think, an excellent
compromise, an excellent provision in the bill which says this: if DOD
wants to change the existing policy that excludes women from direct
ground combat, they have to give Congress 60 continuous legislative
days' notice.
Now, what that means is we have now injected ourselves, as we should,
being people who under the Constitution have the obligation of
regulating the Armed Forces, we have injected ourselves into any change
of this long-standing DOD policy. We will have 60 legislative days,
continuous legislative days, in which we can change that policy. We
direct the Secretary of Defense to come back to us and tell us how he
is going to implement that policy and specifically how he is going to
reshape the Army and the Army modularity and comply with that 1994
policy which excludes women from direct ground combat.
This is an excellent provision, Mr. Chairman. And for all the women
out there who are concerned about the possibility of being moved into
direct ground combat, certainly we make it very clear they will not be,
by action of the U.S. Congress.
[[Page H4015]]
Mrs. TAUSCHER. Mr. Chairman, I claim the time in opposition, although
I will not, in the end, oppose it.
The Acting CHAIRMAN. Without objection, the gentlewoman from
California (Mrs. Tauscher) will control the time in opposition.
There was no objection.
Mrs. TAUSCHER. Mr. Chairman, I yield myself such time as I may
consume, and I rise to express my deep concern about the portion of the
Hunter amendment that amends the language regarding women in combat.
Currently, women in the military are barred from direct ground combat
positions by policy and by the will of the American people. However,
while I recommend that the Hunter amendment get passed, I want to make
it crystal clear to the American people that this does not go far
enough in amending what previously had been put in the bill, and it
potentially infringes on the right of women to serve in combat support
positions alongside men, positions that women currently hold. Equally
important, it also greatly reduces the ability of the Pentagon to make
needed personnel changes at a time of war.
For the last 2 weeks, Mr. Chairman, women in the military have been
under assault by the majority in the House Committee on Armed Services.
While this latest version of the Hunter amendment is an improvement
over the horrendous language he included in the bill 2 weeks ago, this
is like a school yard bully taking your lunch money, getting caught,
giving you half the money back and then demanding you thank him for it.
We should not be in this position in the first place.
At a time when our Armed Forces are overstretched and Army recruiting
and retention has hit the skids, we should not appear to be restricting
patriotic Americans who want to serve their country in the military.
This entire effort sends a harmful message to the women serving today
on the front lines of Iraq that Congress is considering the right that
they have achieved to serve their country through military service may
be in jeopardy.
Just a short while ago, this Congress was praising Jessica Lynch and
Shoshana Johnson for their service. We should be thanking women in
uniform, not limiting their opportunities. Suicide bombers do not
discriminate, why should we?
Mr. Chairman, this is an ill-thought-out policy that has been
proposed, revised, revised again, and argued all at the last minute
without any hearings in the subcommittee or the committee. Apparently,
in offering the most recently altered amendment, even the gentleman
from California (Mr. Hunter) recognizes he had gone too far. While far
from undoing the mixed signal this effort to change the rules has sent
to women and men serving with distinction in a very dangerous
environment, this amendment corrects the most egregious language
currently in the bill and should be supported.
I guess what is most disappointing about this issue is that nothing
has been done to repair the damage that this effort inflicts on women
serving in the military today. Repairing the damage in this bill still
begs the question: What are we going to do to restore the trust of our
servicewomen?
Mr. Chairman, I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, how much time do we have left?
The Acting CHAIRMAN (Mr. Putnam). The gentleman from California has 2
minutes remaining.
Mr. HUNTER. Mr. Chairman, I yield myself 2 minutes. Mr. Chairman, we
live sometimes in a fantasy world here in Washington, D.C. Let me take
us to the real world. The real world in direct ground combat is what
you saw in Fallujah, where people were assaulting heavily fortified
areas, very close range, fierce firefights, rocket-propelled grenades,
machine gun fire, and in the end, 78 dead Marines, KIA.
I have here an article: ``War Makes Recruiting Women Tough.'' Reading
from the Columbia State Journal: ``As the Iraq war wears on and
casualties mount, young women are marching away from the Army.'' This
is the real world, not the fantasy world the gentlewoman speaks about.
``The number of women in Army recruiting classes has dropped 20 percent
in the last 5 years. Why the drop? `It's the war,' Army spokesman
Douglas Smith said, adding `recruiting of women has slipped, despite
larger signing bonuses and an increase in the number of recruiters.' ''
The facts are that 90 percent of the women polled who are in the Army
do not want to go in direct ground combat. There may be people here in
Washington, D.C. who want to send young women into direct ground
combat, but the vast majority of those in the military do not want
that. And the real reassurance to American moms and dads sitting around
the breakfast table talking to their youngsters about joining the
military is that they will not be sent into direct ground combat. And
if a proposal is made to change that, then the U.S. Congress, under its
obligation, will have a requirement to review that policy and act
before it becomes the new policy.
Mr. Chairman, I reserve the balance of my time.
Mrs. TAUSCHER. Mr. Chairman, how much time do I have left?
The Acting CHAIRMAN. The gentlewoman from California has 2\1/2\
minutes remaining.
Mrs. TAUSCHER. Mr. Chairman, I yield 1\1/2\ minutes to the
gentlewoman from California (Mrs. Davis).
Mrs. DAVIS of California. Mr. Chairman, I think that several of our
colleagues want to really put this issue aside, but I think it has had
an impact. I spoke to Sergeant Cynthia Hanna this morning. Sergeant
Hanna works for the San Diego Police Department and is a Marine Corps
veteran. Like many women in Iraq right now, Sergeant Hanna was an
integral part of the fight. But let me tell you where her fight is now.
Her fight is on the streets of San Diego.
I thought Sergeant Hanna summed up the issue best. Not once did she
talk about whether this is a Democrat or Republican issue. She said,
``The desire to serve has never been about women's equality to the
exclusion of readiness considerations. The struggle,'' the struggle,
``is about the privilege of serving one's country without artificial
barriers based solely on gender. Women's struggle for a place in the
military has been about seeking the full rights and responsibilities of
citizenship. The struggle is about women being judged by the same
standards as men in any job for which they can qualify. It has always
been about being able to pursue a career based on individual
qualifications rather than unrelated stereotypes.''
Mrs. TAUSCHER. Mr. Chairman, I yield the balance of my time to the
gentlewoman from California (Ms. Loretta Sanchez).
Ms. LORETTA SANCHEZ of California. Mr. Chairman, I thank my colleague
from California for yielding me this time, and I rise today in support
of the thousands of women serving their country bravely and honorably
in the armed services today.
Two weeks ago, in the Subcommittee on Military Personnel of the
Committee on Armed Services, there was an amendment put forward by the
gentleman from New York (Mr. McHugh) and it was wrong, and I told him
it was wrong; but they passed it. A week ago, they changed it because
it was so bad. And I told him, I do not even know what we are voting
on, and yet the majority passed it. Today, they have a third amendment,
because it was wrong and it did not make sense. This one, we can live
with. It is just about reporting and reporting to the Congress.
But I will tell my colleagues something I believe is true. Not every
man nor every woman makes a good soldier. But if a woman can do it, and
she wants to do it, and she is good at it, then let her do it. As I
have said before, this is not a question of equal opportunity; it is a
question of our national security.
Mr. HUNTER. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, there are 2,800 job opportunities open to women in the
military. This provision, very appropriately, injects Congress into the
policy role of making the determination, if it should ever be proposed
by DOD to move women into direct ground combat. That injects Congress
into that policy role.
And if anybody makes that profound determination, it has to be
Congress. I hope it is never made, but certainly we should not stand by
and have such a profound decision made without the U.S. Congress
weighing in. This guarantees our participation.
[[Page H4016]]
Mrs. DRAKE. Mr. Chairman, first let me thank the gentleman from
California for his leadership and hard work on this issue and for
drafting an amendment that confirms Congress' constitutional duty to
oversee the military. Any decision to allow women to serve in direct
ground combat is a decision that must be made by Congress.
Our men and women in Iraq, Afghanistan, Bosnia, and around the world
are serving our Nation with distinction and honor. In the Global War on
Terror, there are no designated front lines and at any moment even a
mess hall can become a combat zone.
The jobs that place our military members in direct ground combat are
currently closed to women.
The amendment before us today will allow congressional oversight in
any decision to open direct ground combat specialties to women by
requiring notification by the Defense Secretary and Congress. It also
requires a report from the Secretary in March of 2006 which will allow
Congress to further explore this issue.
Let me be clear, this amendment does not impact any specialties
currently open to women. All women will continue serving in their
current roles. Any change in current roles would be completely
unacceptable.
I urge my colleagues to support this measure.
Mr. HUNTER. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. Hunter).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. HUNTER. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
(Mr. Hunter) will be postponed.
Sequential Votes Postponed in Committee Of The Whole
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings
will now resume on those amendments on which further proceedings were
postponed, in the following order: amendment No. 20 offered by the
gentleman from Virginia (Mr. Goode), amendment No. 24 offered by the
gentlewoman from Virginia (Mrs. Jo Ann Davis), amendment No. 12 offered
by the gentlewoman from California (Mrs. Davis), and amendment No. 1
offered by the gentleman from California (Mr. Hunter).
The Chair will reduce to 5 minutes the time for any electronic vote
after the first vote in this series.
Amendment No. 20 Offered by Mr. Goode
The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on the amendment offered by the gentleman from Virginia
(Mr. Goode) on which further proceedings were postponed and on which
the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 245,
noes 184, not voting 4, as follows:
[Roll No. 214]
AYES--245
Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Bradley (NH)
Brady (TX)
Brown-Waite, Ginny
Burgess
Burton (IN)
Calvert
Camp
Cannon
Cantor
Capito
Carter
Case
Castle
Chabot
Chandler
Chocola
Coble
Cole (OK)
Conaway
Costello
Cox
Cramer
Crenshaw
Cubin
Culberson
Cunningham
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Duncan
English (PA)
Etheridge
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hooley
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Israel
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
Kind
King (IA)
King (NY)
Kingston
Kirk
Knollenberg
Kuhl (NY)
LaHood
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
Matheson
McCarthy
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moore (KS)
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Pryce (OH)
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (OH)
Ryan (WI)
Ryun (KS)
Saxton
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Spratt
Stearns
Sullivan
Sweeney
Tancredo
Tanner
Taylor (MS)
Taylor (NC)
Terry
Thomas
Tiahrt
Tiberi
Turner
Udall (CO)
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOES--184
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Bean
Becerra
Berkley
Berman
Berry
Blumenauer
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Buyer
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Clay
Cleaver
Clyburn
Conyers
Cooper
Costa
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Dreier
Edwards
Ehlers
Emanuel
Engel
Eshoo
Evans
Farr
Fattah
Filner
Flake
Frank (MA)
Gonzalez
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Herseth
Higgins
Hinchey
Hinojosa
Holden
Holt
Honda
Hoyer
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kline
Kolbe
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Matsui
McCollum (MN)
McDermott
McGovern
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (WI)
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pelosi
Price (NC)
Putnam
Rahall
Rangel
Reyes
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Sherman
Simmons
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Souder
Stark
Strickland
Stupak
Tauscher
Thompson (CA)
Thompson (MS)
Thornberry
Tierney
Towns
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Wilson (NM)
Woolsey
Wu
Wynn
NOT VOTING--4
Brown (SC)
Emerson
Hastings (WA)
Millender-McDonald
{time} 1608
Ms. McCOLLUM of Minnesota and Messrs. BROWN of Ohio, DINGELL, ENGEL
and SCOTT of Georgia changed their vote from ``aye'' to ``no.''
Messrs. ISSA, ISTOOK, CANTOR, KNOLLENBERG and BISHOP of Georgia
changed their vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 24 Offered by Mrs. Jo Ann Davis of Virginia
The Acting CHAIRMAN (Mr. Putnam). The pending business is the demand
for a recorded vote on the amendment offered by the gentlewoman from
Virginia (Mrs. Jo Ann Davis) on which further proceedings were
postponed and on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
[[Page H4017]]
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 413,
noes 16, not voting 4, as follows:
[Roll No. 215]
AYES--413
Abercrombie
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Carter
Case
Castle
Chabot
Chandler
Chocola
Clay
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Cooper
Costa
Costello
Cox
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Emanuel
Engel
English (PA)
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Filner
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Al
Green, Gene
Grijalva
Gutknecht
Hall
Harman
Harris
Hart
Hastings (FL)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Higgins
Hinchey
Hinojosa
Hobson
Hoekstra
Holden
Holt
Honda
Hooley
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inglis (SC)
Inslee
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McGovern
McHenry
McHugh
McIntyre
McKeon
McKinney
McMorris
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore (KS)
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Loretta
Sanders
Saxton
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Souder
Spratt
Stearns
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Walsh
Wamp
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Wu
Wynn
Young (AK)
Young (FL)
NOES--16
Ackerman
Baldwin
Blumenauer
Conyers
Frank (MA)
Gutierrez
Kucinich
Lee
McDermott
Moore (WI)
Sanchez, Linda T.
Schakowsky
Solis
Stark
Wasserman Schultz
Woolsey
NOT VOTING--4
Brown (SC)
Emerson
Hastings (WA)
Millender-McDonald
Announcement by the Acting Chairman
The Acting CHAIRMAN (Mr. Terry) (during the vote). Members are
advised there are 2 minutes left in this vote.
{time} 1616
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 12 Offered by Mrs. Davis of California
The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on amendment No. 12 offered by the gentlewoman from
California (Mrs. Davis) on which further proceedings were postponed and
on which the noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 194,
noes 233, not voting 6, as follows:
[Roll No. 216]
AYES--194
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Barrow
Bass
Bean
Becerra
Berkley
Berman
Biggert
Bishop (GA)
Bishop (NY)
Blumenauer
Boehlert
Bono
Boswell
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brown (OH)
Brown, Corrine
Capito
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Case
Castle
Chandler
Clay
Cleaver
Clyburn
Conyers
Cooper
Costa
Cramer
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Doggett
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Frelinghuysen
Gilchrest
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Herseth
Higgins
Hinchey
Hinojosa
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (CT)
Johnson, E. B.
Jones (OH)
Kaptur
Kelly
Kennedy (RI)
Kilpatrick (MI)
Kind
Kirk
Kolbe
Kucinich
Lantos
Larsen (WA)
Larson (CT)
Leach
Lee
Levin
Lewis (GA)
Lofgren, Zoe
Lowey
Maloney
Markey
Matheson
Matsui
McCarthy
McCollum (MN)
McDermott
McGovern
McKinney
Meehan
Meek (FL)
Meeks (NY)
Menendez
Miller (NC)
Miller, George
Moore (KS)
Moore (WI)
Moran (VA)
Nadler
Napolitano
Neal (MA)
Obey
Olver
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Pomeroy
Price (NC)
Pryce (OH)
Ramstad
Rangel
Reyes
Rothman
Roybal-Allard
Ruppersberger
Rush
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Shaw
Shays
Sherman
Simmons
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Tanner
Tauscher
Thomas
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walden (OR)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOES--233
Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Beauprez
Berry
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonilla
Bonner
Boozman
Boren
Boustany
Brady (TX)
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Calvert
Camp
Cannon
Cantor
Carter
Chabot
Chocola
Coble
Cole (OK)
Conaway
Costello
Cox
Crenshaw
Cubin
Cuellar
Culberson
Cunningham
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Doyle
Drake
Dreier
Duncan
Ehlers
English (PA)
Everett
Feeney
[[Page H4018]]
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gillmor
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Holden
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (IL)
Johnson, Sam
Jones (NC)
Kanjorski
Keller
Kennedy (MN)
Kildee
King (IA)
King (NY)
Kingston
Kline
Knollenberg
Kuhl (NY)
LaHood
Langevin
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas
Lungren, Daniel E.
Lynch
Mack
Manzullo
Marchant
Marshall
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
McNulty
Melancon
Michaud
Miller (FL)
Miller (MI)
Miller, Gary
Mollohan
Moran (KS)
Murphy
Murtha
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Ortiz
Osborne
Otter
Oxley
Paul
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Price (GA)
Putnam
Radanovich
Rahall
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Royce
Ryan (OH)
Ryan (WI)
Ryun (KS)
Salazar
Saxton
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Sherwood
Shimkus
Shuster
Simpson
Skelton
Smith (NJ)
Smith (TX)
Sodrel
Souder
Stearns
Stupak
Sullivan
Sweeney
Tancredo
Taylor (MS)
Taylor (NC)
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--6
Brown (SC)
Buyer
Emerson
Hastings (WA)
Mica
Millender-McDonald
Announcement by the Acting Chairman
The Acting CHAIRMAN (during the vote). Members are advised there are
2 minutes left in this vote.
{time} 1625
So the amendment was rejected.
The result of the vote was announced as above recorded.
Stated against:
Mr. MICA. Mr. Chairman, on rollcall No. 216 I was unavoidably
detained. Had I been present, I would have voted ``no.''
PERSONAL EXPLANATION
Mr. FOLEY. Mr. Chairman, on rollcall No. 216, I inadvertently voted
``nay.'' I meant to vote ``aye.''
Amendment No. 1 Offered by Mr. Hunter
The Acting CHAIRMAN. The pending business is the demand for a
recorded vote on amendment No. 1 offered by the gentleman from
California (Mr. Hunter) on which further proceedings were postponed and
on which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The Acting CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 428,
noes 1, not voting 4, as follows:
[Roll No. 217]
AYES--428
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Carter
Case
Castle
Chabot
Chandler
Chocola
Clay
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Cox
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Emanuel
Engel
English (PA)
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Filner
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Al
Green, Gene
Grijalva
Gutierrez
Gutknecht
Hall
Harman
Harris
Hart
Hastings (FL)
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Higgins
Hinchey
Hinojosa
Hobson
Hoekstra
Holden
Holt
Honda
Hooley
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inglis (SC)
Inslee
Israel
Issa
Istook
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kucinich
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McKinney
McMorris
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Oberstar
Obey
Olver
Ortiz
Osborne
Otter
Owens
Oxley
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Saxton
Schakowsky
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Solis
Souder
Spratt
Stark
Stearns
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walden (OR)
Walsh
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Woolsey
Wu
Wynn
Young (AK)
Young (FL)
NOES--1
Maloney
NOT VOTING--4
Brown (SC)
Emerson
Hastings (WA)
Millender-McDonald
Announcement by the Acting Chairman
The Acting CHAIRMAN (Mr. Terry) (during the vote). Members are
advised 2 minutes remain in this vote.
{time} 1632
So the amendment was agreed to.
The result of the vote was announced as above recorded.
The Acting CHAIRMAN. It is now in order to consider amendment No. 6
printed in House Report 109-96.
Amendment No. 6 Offered by Mr. Stearns
Mr. STEARNS. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 6 offered by Mr. Stearns:
[[Page H4019]]
At the end of title V (page 194, after line 11), insert the
following new section:
SEC. 6XX. SENSE OF CONGRESS THAT COLLEGES AND UNIVERSITIES
GIVE EQUAL ACCESS TO MILITARY RECRUITERS AND
ROTC IN ACCORDANCE WITH THE SOLOMON AMENDMENT
AND REQUIREMENT FOR REPORT TO CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) The Reserve Officer Training Corps (ROTC) program is
the most common means for undergraduates to become United
States military officers, producing 60 percent of all
officers in the Armed Forces and 75 percent of Army officers.
(2) The ROTC program is officially banned from many leading
universities and, although students at those institutions can
participate in ROTC programs at other colleges, they often
have to travel significant distances to do so.
(3) The United States is engaged in a global war on
terrorism, and it is thus more important than ever for the
Armed Forces to recruit high quality and well-qualified
personnel.
(4) Recruiting on university campuses is one of the primary
means of obtaining new, highly qualified personnel for the
Armed Forces and is an integral, effective, and necessary
part of overall military recruitment.
(5) In 1996, Congress enacted a provision of law that has
become known as the ``Solomon Amendment'' that provides for
the Secretary of Defense to deny Federal funding to colleges
and universities if they prohibit or prevent ROTC or military
recruitment on campus.
(6) A group of university law schools have challenged the
constitutionality of the Solomon Amendment, and the Supreme
Court has agreed to hear the case in the term beginning in
October 2005.
(b) Sense of Congress.--It is the sense of Congress that--
(1) any college or university that discriminates against
ROTC programs or military recruiters should be denied certain
Federal taxpayer support, especially funding for many
military and defense programs; and
(2) universities and colleges that receive Federal funds
should provide military recruiters access to college campuses
and to college students equal in quality and scope to that
provided all other employers.
(c) Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report on the colleges and
universities that are denying equal access to military
recruiters and ROTC programs.
The Acting CHAIRMAN. Pursuant to House Resolution 293, the gentleman
from Florida (Mr. Stearns) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Florida (Mr. Stearns).
Mr. STEARNS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise today to urge all of my colleagues to support
this very simple amendment to the Defense authorization bill. This
amendment does two very important things.
First, it expresses the sense of Congress that any college or any
university that denies equal access or discriminates against ROTC
programs or military recruiters should be denied certain Federal
taxpayer support, especially funding for many military and defense
programs. Secondly, Mr. Chairman, it requires the Secretary of Defense
to issue a report to Congress on those colleges and universities that
are denying equal access to military recruiters and these ROTC
programs.
In 1996, Congress enacted a provision of law that became known as the
Solomon Amendment. Representative Solomon, as you remember, was a
colleague from New York who was chairman of the Committee on Rules.
This provision provided for the Secretary of Defense to deny Federal
funding to colleges and universities if they prohibited or prevented
ROTC or military recruitment on campuses.
Mr. Chairman, a number of universities and colleges today are denying
equal access to military recruiters. For example, at Yale University
students who wish to participate in the ROTC program must drive to the
University of Connecticut in Storrs at least once a week. That is like
you and me driving down to Richmond once a week while attending a
university here in Washington, D.C. This trip could take up to an hour
and a half each way.
Perhaps worse, Yale accepts ROTC dollars, but refuses to grant credit
for ROTC courses; so if you are an ROTC scholarship and taking courses
at Yale and attending at Storrs, the Air Force, the Army and the Navy
will pay for your courses at Yale; but, again, Yale says you have to go
to Storrs and denies access to the ROTC program right there at Yale.
While students at Harvard can participate in ROTC programs at nearby
MIT, ROTC courses may be taken only on a noncredit basis. This
banishment of ROTC led Harvard President Lawrence Summers to say, ``We
need to be careful about adopting any policy on campus of nonsupport
for those involved in defending this country. We should be proud that
we have in our midst students who will make the commitment to the
ROTC.''
This is why it is so important for Congress to make a strong
statement in support of full and equal access to military recruiters on
campus and for the ROTC.
Therefore, it is vital to national security that we improve the
ability of students to simply participate in ROTC programs and ensure
that colleges and universities provide military recruiters entry to
campuses and simple access to students that is at least equal in
quality and scope to that provided by any other employer in America.
Mr. Chairman, I urge my colleagues to support my amendment.
Mr. ANDREWS. Mr. Chairman, although I do not intend to oppose the
amendment, I ask unanimous consent to claim the time in opposition.
The Acting CHAIRMAN. Without objection, the gentleman from New Jersey
is recognized for 5 minutes.
There was no objection.
Mr. ANDREWS. Mr. Chairman, I yield such time as he may consume to the
ranking member of our committee, the gentleman from Missouri (Mr.
Skelton).
Mr. SKELTON. Mr. Chairman, I stand in full support of this amendment.
ROTC has been an integral part of college life for many, many, many
decades in our country. Land grant colleges across the Nation are
required to have ROTC, as they should. But I think those colleges and
universities, institutions of higher learning, that have Federal funds
flow into them for any number of reasons, any number of grants, for
good purposes, of course, should also support the ROTC programs and
allow recruiters free access to those that wish to inquire of and join
the ROTC.
ROTC is not just a proposition whereby someone may become an officer
in the United States Army, Air Force, Navy or Marines. It also is a
character builder for young people. They learn about obligations, about
duty, about patriotism. I think ROTC has certainly played an important
part in so many young lives in our country.
Mr. Chairman, I certainly support this amendment, and I think it is
wrong not to allow ROTC on such campuses.
Mr. ANDREWS. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in support of the amendment, although I would
note that there are three interests that must be delicately balanced in
this instance. The first is the need for our military institutions to
have full access to recruit on every campus in the country and to do so
in a thorough way; the second interest that has to be balanced is the
academic freedom of our colleges and universities to make judgments
about what they think should and should not happen on their campuses;
and the third interest that has to be balanced is the right of students
who are enrolled in ROTC programs, and other students, for that matter,
to have a full range of employment options so that if they choose to go
into the military, they are not denied that option because of a policy
of their college or university.
This is a delicate balance that I think is being properly handled
under present law. I would note that the amendment before the body is a
sense of Congress resolution. It is one of the reasons I am supporting
the amendment. It expresses, I think accurately, the sentiment of the
Congress; but it does not disrupt the delicate balance under the law
that we presently have today, which I think is wise and prudent.
Mr. Chairman, I yield back the balance of my time.
Mr. STEARNS. Mr. Chairman, I yield 1 minute to the gentleman from
Alabama (Mr. Rogers).
Mr. ROGERS of Alabama. Mr. Chairman, I would like to thank my
colleague, the gentleman from Florida (Mr. Stearns), for offering this
amendment.
[[Page H4020]]
Mr. Chairman, Congress has voted time and time again to remove
obstacles facing some of our military recruiters; and to the credit of
most institutions, like those in my home State of Alabama, most do the
right thing. Yet a small, but growing, group of institutions just do
not seem to get it.
Recently, the University of Wisconsin at Stout joined the exclusive
club of liberal institutions that prohibit the military from campus.
Instead of doing the right thing and opening their doors to the
uniformed personnel, this university has instead chosen to make a
narrow-minded political statement.
What the university is doing simply flies in the face of common
sense, especially during wartime. For the graduating students, this
says clearly that a career in the military is not worth their
consideration. Try telling that to the soldiers serving with honor and
dignity in Afghanistan and Iraq, or their families praying for their
safety.
This practice has got to stop, and I urge my colleagues to vote for
this amendment.
Mr. STEARNS. Mr. Chairman, I yield 50 seconds to the gentleman from
Minnesota (Mr. Kline).
Mr. KLINE. Mr. Chairman, I thank the gentleman for yielding me time.
Mr. Chairman, this is a very important subject. I wholeheartedly
support the amendment. While our men and women in uniform are fighting
around the world, we have colleges and universities around this country
denying equal access to ROTC programs and military recruiters in the
name of political correctness.
{time} 1645
I would just remind my colleagues of the words of the former
Commandant of the Marine Corps, General Krulak, who told us that our
``all-volunteer force'' is an ``all-recruited force.'' By recruiting
the best and the brightest, our United States Armed Forces are today
the very best in the world.
We have to stand up for the rights of our recruiters and the rights
of our military to gain access to those campuses. Vote for this
amendment.
Mr. STEARNS. Mr. Chairman, I yield myself such time as I may consume.
With the United States engaged in a global war on terrorism, it is
more important than ever before for the Armed Forces to recruit high-
quality, well-qualified, and well-trained personnel. This amendment
ensures in a larger sense that this Congress is on record saying we
support them and we think the universities and colleges in this country
should also support them by giving access.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIRMAN (Mr. Terry). The question is on the amendment
offered by the gentleman from Florida (Mr. Stearns).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. STEARNS. Mr. Chairman, I demand a recorded vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Florida (Mr.
Stearns) will be postponed.
Amendments En Bloc Offered by Mr. Hunter
Mr. HUNTER. Mr. Chairman, I offer amendments en bloc.
The Acting CHAIRMAN. The Clerk will designate the amendments en bloc.
The Clerk designated the amendments en bloc, as follows:
Amendments en bloc offered by Mr. Hunter printed in House Report 109-
96 consisting of amendment No. 4; amendment No. 5; amendment No. 8;
amendment No. 9; amendment No. 11; amendment No. 14; amendment No. 16;
amendment No. 17; amendment No. 22; and amendment No. 23.
Amendment No. 4 Offered by Mr. Stark
The text of the amendment is as follows:
At the end of title V (page 194, after line 1), insert the
following new section:
SEC. 5XX. COMPTROLLER GENERAL STUDY OF MILITARY RECRUITING.
(a) Report.--Not later than one year after the date of
enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on military recruiting.
(b) Matters To Be Included.--The Comptroller General shall
include in the report the following:
(1) Whether military recruitment criminal violations have
increased in any branches of the Armed Forces since the
beginning of combat in Iraq.
(2) Whether policies of the Department of Defense or of any
of the specific military branches have caused or encouraged
military recruiters to carry out criminal actions to increase
recruitment numbers.
(3) Whether the Department of Justice, Department of
Defense, or specific military branches have adequately and
independently carried out investigations and prosecutions of
all Department of Defense officials who are complicit or
directly involved in criminal actions to increase military
recruitment.
(4) Any recommendations for any legislation or
administrative actions that the Comptroller General considers
appropriate.
(5) Any other matter the Comptroller General considers
relevant.
Amendment No. 5 Offered by Mr. Strickland
The text of the amendment is as follows:
At the end of title V (page 194, after line 11), insert the
following new section:
SEC. 5XX. ADDITION OF INFORMATION CONCERNING MENTAL HEALTH
SERVICES AND TREATMENT TO SUBJECTS REQUIRED TO
BE COVERED IN MANDATORY PRESEPARATION
COUNSELING.
Section 1142(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(11) Information concerning the availability of mental
health services and the treatment of post-traumatic stress
disorder, anxiety disorders, depression, suicidal ideations,
or other mental health conditions associated with service in
the armed forces.''.
Amendment No. 8 Offered by Ms. Slaughter
The text of the amendment is as follows:
At the end of title V (page 194, after line 11), insert the
following new section:
SEC. 5XX. IMPROVEMENT TO DEPARTMENT OF DEFENSE RESPONSE TO
SEXUAL ASSAULT AFFECTING MEMBERS OF THE ARMED
FORCES.
(a) Assessment.--The Secretary of Defense shall conduct an
inventory of supplies, trained personnel, and transportation
resources assigned or deployed to deal with sexual assault.
The Secretary shall assess the availability and accessibility
within deployed units of rape evidence kits, testing supplies
for sexually transmitted infections and diseases (STIs),
including HIV, and for pregnancy, transportation resources,
and medication. The assessment shall be completed not later
than 120 days after the date of the enactment of this Act.
(b) Action Plan for Deployed Units.--The Secretary shall
develop a plan to enhance accessibility and availability of
supplies, trained personnel, and transportation resources in
response to sexual assaults occurring in deployed units. Such
plan shall include the following:
(1) Training of new and existing first responders to sexual
assaults, including criminal investigators, medical providers
responsible for rape kit evidence collection, and victims
advocates, with such training to include current techniques
on processing of evidence, including rape kits, and
conducting investigations.
(2) Accessibility and availability of supplies for victims
of sexual assault who present at a military hospital,
including rape kits, equipment for processing rape kits, and
testing supplies and treatment for sexually transmitted
infections and diseases, including HIV, and pregnancy.
(c) Annual Report.--The Secretary shall include in the
annual report to the Committees on Armed Services of the
Senate and House of Representatives on sexual assaults a
report as to the supply inventory, location, accessibility,
and availability of supplies, trained personnel, and
transportation resources in response to sexual assault in
deployed units.
Amendment No. 9 Offered by Mr. Reichert
The text of the amendment is as follows:
At the end of title V (page 194, after line 11), insert the
following new section:
SEC. 575. REPORT ON EMPLOYMENT MATTERS FOR MEMBERS OF THE
NATIONAL GUARD AND RESERVE.
(a) Requirement for Report.--Not later than 270 days after
the date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress a
report on difficulties faced by members of the National Guard
and Reserve with respect to employment as a result of being
ordered to perform full time National Guard duty or being
ordered to active duty service, respectively.
(b) Specific Matters.--In preparing the report required
under subsection (a), the Comptroller General shall include
information on the following matters
(1) Type of employers.--An estimate of the number of
employers of members of the National Guard and Reserve who
are private sector employers and those who are public sector
employers.
(2) Size of employers.--An estimate of the number of
employers of members of the National Guard and Reserve who
employ fewer than 50 full-time employees.
(3) Self-employed.--An estimate of the number of members of
the National Guard and Reserve who are self-employed.
(4) Nature of business.--A description of the nature of the
business of employers of members of the National Guard and
Reserve.
[[Page H4021]]
(5) Reemployment difficulties.--A description of
difficulties faced by members of the National Guard and
Reserve in gaining reemployment after having performed full
time National Guard duty or active duty service, including
difficulties faced by members who are disabled and who are
Veterans of the Vietnam Era.
Amendment No. 11 Offered by Mr. Menendez
The text of the amendment is as follows:
At the end of title VI (page 279, after line 6), add the
following new section:
SEC. 677. COMPTROLLER GENERAL REPORT REGARDING COMPENSATION
AND BENEFITS FOR RESERVE COMPONENT MEMBERS.
(a) Report Required.--The Comptroller General shall prepare
a report reviewing the terms and elements of reserve
compensation, benefit, and personnel support programs,
including the retirement system.
(b) Elements of Report.--The report required by subsection
(a) shall address at a minimum the following:
(1) The effectiveness and adequacy of compensation and
benefit programs, income protection for members of the
reserve components called to active duty, family support
programs, health care access, and other programs of interest
to such members.
(2) The need for these programs to be improved, including
such recommendations as the Comptroller General considers
appropriate for achieving needed improvements.
(3) A comparison of these programs to similar programs
conducted for the benefit of regular forces to determine if
the reserve programs are fair and equitable given the
increased contributions by reserve component forces to the
defense of the United States.
(4) An examination of the differences in benefits and
protections provided to reservists who are called to serve
under different authorities, including title 10, United
States Code, title 32, United States Code, and State active
duty.
(5) The need for benefits and protections to be made
consistent regardless of the authority under which members of
the reserve components are called to serve, including such
recommendations as the Comptroller General considers
appropriate for achieving that objective.
(c) Relationship to Other Studies and Reports.--To the
extent that an issue required to be addressed by subsection
(b) is also the subject of other studies or reports being
prepared by the Comptroller General, the Comptroller General
may drop the issue from this report to avoid duplication of
effort.
(d) Submission of Report.--The Comptroller General shall
submit the report to the congressional defense committees not
later than March 31, 2006.
Amendment No. 14 Offered by Mr. Bishop of Georgia
The text of the amendment is as follows:
At the end of title VII (page 297, after line 26), add the
following new section:
SEC. 718. STUDY RELATING TO PREDEPLOYMENT AND POSTDEPLOYMENT
MEDICAL EXAMS OF CERTAIN MEMBERS OF THE ARMED
FORCES.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall conduct a study of
the effectiveness of self-administered surveys included in
predeploy-
ment and postdeployment medical exams of members of the Armed
Forces that are carried out as part of the medical tracking
system required under section 1074f of title 10, United
States Code.
Amendment No. 16 Offered by Mr. Andrews
The text of the amendment is as follows:
At the end of subtitle B of title VIII (page 321, after
line 3), insert the following new section:
SEC. 818. PROHIBITION ON DEFENSE CONTRACTORS REQUIRING
LICENSES OR FEES FOR USE OF MILITARY LIKENESSES
AND DESIGNATIONS.
The Secretary of Defense shall require that any contract
entered into by the Department of Defense include a provision
prohibiting the contractor from requiring toy and hobby
manufacturers, distributors, or merchants to obtain licenses
from or pay fees to the contractor for the use of military
likenesses or designations on items provided under the
contract.
Amendment No. 17 Offered by Mr. Blunt
The text of the amendment is as follows:
At the end of subtitle B of title VIII (page 321, after
line 7), add the following new section:
SEC. 818. ESTABLISHMENT OF EVALUATION FACTOR FOR DEFENSE
CONTRACTORS EMPLOYING OR SUBCONTRACTING WITH
MEMBERS OF THE SELECTED RESERVE OF THE RESERVE
COMPONENTS OF THE ARMED FORCES.
(a) Defense Contracts.--In awarding any contract for the
procurement of goods or services, the Department of Defense,
when considering source selection criteria, shall use as an
evaluation factor whether entities intend to carry out the
contract using employees or individual subcontractors for
goods and services who are members of the Selected Reserve of
the reserve components of the Armed Forces.
(b) Documentation of Selected Reserve-Related Evaluation
Factor.--Any entity claiming intent to carry out a contract
using employees or individual subcontractors for goods and
services who are members of the Selected Reserve of the
reserve components of the Armed Forces shall be required to
document to the Department of Defense the number (and names,
if requested) of such members of the Selected Reserve that
the entity will employ, or execute personal services
contracts with, for the contract in question.
(c) National Security Waiver.--The Secretary of the
military department concerned, or, in the case of contracts
which are not negotiated by a military department, the
Secretary of Defense, may waive the requirement in subsection
(a) with respect to a contract if the Secretary concerned
determines that the waiver is necessary for reasons of
national security.
(d) Regulations.--The Federal Acquisition Regulation shall
be revised as necessary to implement this section.
Amendment No. 22 Offered by Mr. Matheson
The text of the amendment is as follows:
At the end of title X (page 402, after line 22), insert the
following new section:
SEC. 10XX. PRESERVATION OF INFORMATION AND RECORDS PERTAINING
TO RADIOACTIVE FALLOUT.
(a) Prohibition of Destruction of Certain Documents.--The
Secretary of Defense may not destroy any document in the
custody or control of the Department of Defense that is a
historical record (or part of a historical record) relating
to radioactive fallout from the testing of any nuclear
device.
(b) Preservation and Publication of Information.--The
Secretary of Defense shall identify, preserve, and publish
information contained in documents referred to in subsection
(a).
Amendment No. 23 Offered by Mr. Hostettler
The text of the amendment is as follows:
At the end of title X (page 402, after line 22), insert the
following new section:
SEC. __. SPECIAL IMMIGRANT STATUS FOR PERSONS SERVING AS
TRANSLATORS WITH UNITED STATES ARMED FORCES.
(a) In General.--For purposes of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), subject to
subsection (c)(1), the Secretary of Homeland Security may
provide an alien described in subsection (b) with the status
of a special immigrant under section 101(a)(27) of such Act
(8 U.S.C. 1101(a)(27)), if the alien--
(1) files with the Secretary of Homeland Security a
petition under section 204 of such Act (8 U.S.C. 1154) for
classification under section 203(b)(4) of such Act (8 U.S.C.
1153(b)(4)); and
(2) is otherwise eligible to receive an immigrant visa and
is otherwise admissible to the United States for permanent
residence, except in determining such admissibility, the
grounds for inadmissibility specified in section 212(a)(4) of
such Act (8 U.S.C. 1182(a)(4)) shall not apply.
(b) Aliens Described.--
(1) Principal aliens.--An alien is described in this
subsection if the alien--
(A) is a national of Iraq or Afghanistan;
(B) worked directly with United States Armed Forces as a
translator for a period of at least 12 months;
(C) obtained a favorable written recommendation from the
first general or flag officer in the chain of command of the
United States Armed Forces unit that was supported by the
alien; and
(D) prior to filing the petition described in subsection
(a)(1), cleared a background check and screening, as
determined by the first general or flag officer in the chain
of command of the United States Armed Forces unit that was
supported by the alien.
(2) Spouses and children.--An alien is described in this
subsection if the alien is the spouse or child of a principal
alien described in paragraph (1), and is following or
accompanying to join the principal alien.
(c) Numerical Limitations.--
(1) In general.--The total number of principal aliens who
may be provided special immigrant status under this section
during any fiscal year shall not exceed 50.
(2) Counting against special immigrant cap.--For purposes
of the application of sections 201 through 203 of the
Immigration and Nationality Act (8 U.S.C. 1151-1153) in any
fiscal year, aliens eligible to be provided status under this
section shall be treated as special immigrants described in
section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are
not described in subparagraph (A), (B), (C), or (K) of such
section.
(d) Application of Immigration and Nationality Act
Provisions.--The definitions in subsections (a) and (b) of
section 101 of the Immigration and Nationality Act (8 U.S.C.
1101) shall apply in the administration of this section.
Modification to Amendment No. 16 Offered by Mr. Hunter
Mr. HUNTER. Mr. Chairman, I ask unanimous consent that amendment No.
16 offered by the gentleman from New Jersey (Mr. Andrews) and printed
in House Report 109-96 be modified in the form I have placed at the
desk.
The Acting CHAIRMAN. The Clerk will report the modification.
The Clerk read as follows:
[[Page H4022]]
Modification to amendment No. 16 offered by Mr. Andrews:
At the end of subtitle B of title VIII (page 321, after
line 3), insert the following new section:
SEC. 818. PROHIBITION ON DEFENSE CONTRACTORS REQUIRING
LICENSES OR FEES FOR USE OF MILITARY LIKENESSES
AND DESIGNATIONS.
(a) In General.--The Secretary of Defense shall require
that any contract entered into by the Department of Defense
include a provision prohibiting the contractor from requiring
toy and hobby manufacturers, distributors, or merchants to
obtain licenses from or pay fees to the contractor for the
use of military likenesses or designations on items provided
under the contract.
(b) Limitation to United States Companies.--Subsection (a)
applies only with respect to toy and hobby manufacturers,
distributors, or merchants incorporated in or organized under
the laws of the United States.
Mr. HUNTER (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment, as modified, be considered as read and
printed in the Record.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from California?
There was no objection.
The Acting CHAIRMAN. Without objection, the amendment is modified.
There was no objection.
The Acting CHAIRMAN. Pursuant to House Resolution 293, the gentleman
from California (Mr. Hunter) and the gentleman from Missouri (Mr.
Skelton) each will control 20 minutes.
The Chair recognizes the gentleman from California (Mr. Hunter).
Mr. HUNTER. Mr. Chairman, we are gathering our speakers, and I would
hope my colleague, the gentleman from Missouri (Mr. Skelton) would be
able to lead off with his speakers, so I reserve my time.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
New Jersey (Mr. Menendez).
(Mr. MENENDEZ asked and was given permission to revise and extend his
remarks.)
Mr. MENENDEZ. Mr. Chairman, I thank the gentleman for yielding me
this time.
Mr. Chairman, over the past 15 to 20 years, there has been a major
and fundamental change in the way that our Reserve component has been
used. Historically, National Guardsmen and Reservists were primarily
viewed as a force expansion that could be used to supplement our active
duty troops at times of a major war or conflict. But today these forces
not only support our active forces, they also replace them in
operations around the world.
Since September 11, a large number of our Reserve component has been
called to active duty, and the pace of Reserve perstempo is very high
and expected to remain that way for the foreseeable future. In fact, as
of May 20, we had over 162,000 National Guard members and Reservists on
active duty both here at home and around the world.
Unfortunately, there have been a variety of reports detailing
recruiting and retention problems that our Armed Forces have
experienced over the last year. Clearly, if our Nation continues to
rely more and more on National Guard members and Reservists without
providing them and their families the support they need at home, we
risk establishing a pattern of failure when it comes to meeting the
recruitment and retention targets.
That is why I am very happy that we have included this amendment as
part of the en bloc, and I appreciate the chairman's and the ranking
member's help in doing so.
In September of 2003, the GAO found that the DOD lacked sufficient
information and data to address financial and health care issues
affecting Reservists and their families. Fortunately, there is new
information that could be used to determine the effect on readiness,
recruiting, retention and, yes, on these families.
Both a CBO study and a DOD survey, which were recently completed,
have some interesting facts: 56 percent of National Guard members and
Reservists are married; 55 percent of married Guard members and
Reservists report a loss of income over their civilian jobs; 15 percent
of those Guard members and Reservists report a pay decrease of $30,000
a year; and 71 percent of them cite family burdens as a reason to leave
the military.
For all of those reasons, I am happy to see that our amendment, which
will have a GAO report to provide recommendations to the Congress on
how these programs can be improved to treat more fairly our Guardsmen,
our Reservists, and their families, will be a reality.
Mr. SKELTON. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from Georgia (Mr. Bishop).
Mr. BISHOP of Georgia. Mr. Chairman, I thank the gentleman for
yielding me this time.
I rise today in support of the en bloc amendment to H.R. 1815 and in
support of my ``Healthy Troops'' amendment contained therein.
Mr. Chairman, I first introduced the Healthy Troops Act when it was
brought to my attention that many of our men and women serving in
harm's way are not receiving hands-on medical examinations before or
after they are deployed in combat. A 1997 congressional mandate
requires both pre- and post-deployment medical exams, but this
requirement is currently being met by the DOD by having our troops fill
out self-administered questionnaires.
This concerns me, as I believe it should concern all Americans,
first, because the health of our servicemembers should not rely on
their ability to self-diagnose; and secondly, because these brave men
and women deserve an accurate documentation of their health status in
combat so that, if necessary, they can claim veterans' health benefits
when they come home.
My original amendment required that DOD provide full hands-on and
pre- and post-deployment exams for all deployed troops as opposed to
the self-administered questionnaires. It also mandated a study of the
effectiveness of the self-administered exams.
The revised amendment, which reflects a bipartisan compromise struck
with the chairman and the committee, provides only for the study into
the effectiveness of the questionnaires and that the study be performed
within 120 days of enactment.
I do not believe that this is enough, but it does represent a victory
for our servicemembers, men and women because, one, it continues an
important, ongoing dialogue on the health and safety of our servicemen
and -women, and two, because it requires further analysis of the
effectiveness of the actual hands-on health screens.
I think that we can all agree that the health of servicemembers must
be at the top of our agenda. This amendment puts the focus where it
belongs.
I urge my colleagues to support the en bloc amendment.
Mr. HUNTER. Mr. Chairman, I yield 3\1/2\ minutes to the gentleman
from Missouri (Mr. Blunt).
Mr. BLUNT. Mr. Chairman, I thank the gentleman from California
(Chairman Hunter) for yielding me this time and for the work he has
done on this bill.
In the en bloc amendment, really several of the provisions of a bill
that I introduced recently, along with the gentleman from Illinois (Mr.
Kirk) and others, to try to address the concerns that we have and, I
think, concerns that are shared by not only the gentleman from
California (Chairman Hunter) and the gentleman from Missouri (Ranking
Member Skelton), but many of the Members of this Congress, on people
who serve in the National Guard and Reserves.
We see declining recruitment numbers. Clearly, the service, and the
Guard and Reserves is a service where people who often have already
served full-time in the military are willing to be available to the
country in time of crisis, in times of imminent need; but people who
were joining the Guard and Reserve, until recent years, until the last
decade, at least, did not expect to be joining the Guard and Reserve to
effectively be serving in the full-time force.
I believe in an integrated armed service. I believe in the importance
of a full-time force that is no bigger than it needs to be, to be
supplemented in times of crisis by the great skills of people who
either have served in the full-time force or who have received their
training in the Guard and the Reserve.
The Army is more than halfway through its fiscal year with only
33,000 soldiers signed up, and is certainly likely to miss the target
of 80,000 for 2005. That sort of recruiting puts more pressure on the
Guard and Reserve. For 3 consecutive months, the Army has been short of
its goal; and the Marines,
[[Page H4023]]
that traditionally meet their goals, have not met their monthly goal
this entire year. So we need to be concerned about the use of the full-
time force and, obviously, the impact that has on the Guard and Reserve
that are available.
Legislation from our bill will be included in this en bloc amendment.
The gentleman from Illinois (Mr. Kirk) is joining me in proposing this
amendment, and the gentleman from Connecticut (Mr. Simmons) and the
gentleman from Washington (Mr. Reichert) will bring other amendments
from our bill to the floor.
In the amendment that I am speaking in favor of, this is an amendment
that just simply would allow and encourage the Department of Defense to
take into account National Guard and Reserve personnel as one of the
items that they would look at when they evaluate a bid for DOD work.
I had a specific instance in my district in the last year where a
business that had a government repair contract, that had a significant
number of Guardsmen, in fact, those Guardsmen had been called up; and
while those Guardsmen were called up, the work that they had been doing
was given, in competitive bidding, no doubt, but given in competitive
bidding to a Canadian company. Nobody in that Canadian company was
serving in Iraq at the time for reasons we all understand.
We would like to see that taken into account as these contracts are
evaluated and look for other ways that the military can do things to
further support our Guardsmen and Reservists.
Mr. HUNTER. Mr. Chairman, I yield myself 1 minute to thank the
gentleman for his amendment.
There is nothing more important for our returning Guardsmen and
Reservists than to know that they have a good job, and the idea of
directing some of this money, the massive amount is $441 billion, that
we pass in this bill goes to not only pay for people, but also to pay
for the products that are used in the defense apparatus; to make sure
that that is, as much as possible, those products are made by
Americans. And made by Americans who are serving this flag should be a
priority for our country.
So I can assure the gentleman, we will be happy to continue to work
on this as it moves through the process.
Mr. BLUNT. Mr. Chairman, if the gentleman will yield, I really
appreciate the chairman's understanding of this problem and his
commitment to this problem.
The other thing that we need to be doing is to ensure that Guardsmen
and Reservists do have jobs when they come back; and if that job is a
government contract, we should be doing everything we can to ensure
that their service is noted in awarding the extension of that contract.
Mr. SKELTON. Mr. Chairman, before I recognize the gentleman from
Utah, let me say I wish to compliment my fellow Missourian on his
amendment. The Guard and Reserve mean very much to us, and I think it
is a major step in the right direction.
Mr. Chairman, I yield 2 minutes to the gentleman from Utah (Mr.
Matheson).
{time} 1700
Mr. MATHESON. Mr. Chairman, I rise in support of this en bloc
amendment to the Defense bill.
I have offered an amendment to the bill that would require the
Department of Defense to preserve irreplaceable historical records
related to radioactive fallout, and I am pleased this amendment was
ruled in order and is part of this en bloc amendment.
Now currently the Department of Energy has ordered a moratorium on
the destruction of such records, but the Department of Defense has no
such prohibition and relevant records could potentially be lost.
The National Academy of Sciences has pointed out that both the Navy
and the Air Force have important documents that should be archived.
As a result, the National Academy urged Congress to require better
preservation of historical data related to radioactive fallout records.
That is exactly what this amendment does.
My amendment prohibits the Department of Defense from destroying
these historical records and directs the Department to identify,
preserve, and publish information contained in these records.
Atmospheric testing was a dark period in our history for many
Americans. We should do whatever we can to preserve the limited records
from that time so they remain viable for scientific study. With this
amendment we are taking a good first step toward preserving history.
Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from
Illinois (Mr. Kirk).
Mr. KIRK. Mr. Chairman, I thank the chairman especially for his
inclusion of major parts of the Americans in Uniform Act authored by
the majority whip, the gentleman from Missouri (Mr. Blunt), in this
legislation.
One amendment in particular would allow the Defense Department to
review the record of a contractor in retaining and keeping Reservists.
Now, we have had a case in which some employers are so good at keeping
Reservists that they have got a number of positions missing; and then
they have failed to get a new contract award and providing material to
the Department of Defense, and contracts have even gone to other
companies in other countries that have no such Reserve obligation. That
is wrong.
This amendment says that the Department of Defense at least will be
able to look at the record of contractors in keeping Americans in
uniform when they make new awards. And that means a signal will go
throughout the business community that you should be a good employer of
Reservists.
We have had over 400,000 Americans called to active duty. I stand
here as, I think, the only Member of Congress still regularly drilling
in the Reserves. I have got duty this weekend. And when I talk to my
fellow Americans in uniform, there are unique pressures on the
Reserves. But we are proud. We are proud to wear the uniform. We are
proud to take part in what we need to do in the war on terror. And we
are proud to stand with other leaders, like my colleague, the gentleman
from Washington (Mr. Larsen), that have done so much to make it easier
for Reservists to keep their jobs.
When you look at the gentleman from Washington (Mr. Reichert),
sheriff, now Congressman, and what he did as a good employer of making
sure that Reservists, when they go on active duty, do not suffer a loss
in pay, it is what every employer should do in America; but sadly some
do not. And we need to change that. This set of reforms in this
legislation under the Americans in Uniform Act, the Blunt legislation,
help do that, on the Space-A reforms of the gentleman from Connecticut
(Mr. Simmons), on the study in which we are going to see exactly what
we need to do for Reservists under the Reichert legislation and under
the Blunt/Larsen/Kirk reforms that make DOD contractors report on how
they are taking care of our Americans in uniform, and to know that it
will be considered in the award of contracts sends a powerful signal
that the all-volunteer military is working, that the total force is
working, and that we look on these Americans who wear the uniform part-
time, in Winston Churchill's eyes, as twice a citizen, as someone who
is a good member of their community, but when the country calls they
respond exactly when we need them to go into harm's way and to be on
the frontier of freedom.
And, Mr. Chairman, thank you so much for including these reforms in
the Americans for Uniform Act.
Mr. SNYDER. Mr. Chairman, I yield 1 minute to the gentleman from
Washington (Mr. Larsen).
Mr. LARSEN of Washington. Mr. Chairman, I also want to stand in
support of the Blunt/Kirk amendment to the Defense Authorization Act.
Today our Guard and Reserve are protecting our security abroad. And,
frankly, it is Congress's job and responsibility to create a network of
job security when they come home. That is why I support this amendment.
Our Guard and Reserve are overextended. Their Nation has called on
them to serve. In most cases they have left a place of employment to do
so, and Congress has a responsibility to ensure that we do not create
any barriers for our Guard and Reserve that would keep them from
returning to those jobs.
This amendment will help ensure that if you are a member of the
National Guard Or Reserve you will not
[[Page H4024]]
be at a disadvantage if working on a DOD contract through your
employment.
Mr. Chairman, this amendment will push the DOD to consider the
employment of Guard and Reserve members when they award contracts. When
serving, these women and men of the Guard and Reserve protect this
Nation. This amendment gives us one more way that we can protect these
brave women and men and their families when they come home.
Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from
Washington (Mr. Reichert).
Mr. REICHERT. Mr. Chairman, I too am proud to be a part of today's
process and ensuring that our National Guardsmen and -women and
Reservists are respected and we are showing them that we have listened
to their concerns.
I have served in the Air Force Reserves, and I will not tell you how
long ago that exactly was. But let us just say that my pay at that time
was as a police officer around $700 to $800 a month. So it was awhile
ago.
When I was on duty as a Reservist, I took a pay cut. And that was a
cut from $700 a month. So you can imagine that it was a little bit hard
to keep your family supported during that period of time. And I know
what it is like to be a Reservist. I had a financial responsibility. I
had employment issues. And it is not easy to juggle those weighty
concerns while preparing to serve your country or as soon as you
return.
When I was sheriff of King County, we developed a standard to support
our employees who were also Reserve soldiers. Their jobs were
guaranteed no matter what length of time they served or how long their
tour of duty was. The soldiers knew that when they came back they had a
job, they had employment, and that they were supported 100 percent. Men
and women serving our country should be praised, not punished for being
guardians of our Flag.
During the last recess, I had the honor of sitting down with 20
National Guard soldiers who had just returned from Iraq. In the 2 hours
I spent with them, we discussed a number of concerns. But the issue
reiterated by nearly every soldier in attendance was employment.
That is why I am offering an amendment today to commission a study
requiring the GAO to report on employment matters for the National
Guard and Reserve, in particular the difficulties faced by soldiers in
gaining reemployment once they return from duty.
It is important that we know what types of jobs our servicemembers
hold so we can address their employment issues. Our National Guard and
Reserves are an incredibly important part of our military; and we need
to protect their interests, protect their families, protect their jobs,
and make sure that they are respected for their service.
Mr. SNYDER. Mr. Chairman, I yield 2 minutes to the gentleman from
Ohio (Mr. Strickland).
Mr. STRICKLAND. Mr. Chairman, I rise today in support of the en bloc
amendment which includes my amendment regarding VA mental health
services. My amendment will make sure that soldiers returning from Iraq
and Afghanistan know about the mental health services available to them
by requiring that they be fully informed of these services when
separating from active duty.
Our men and women are returning from deployments with very high rates
of mental and emotional disorders. And as we know, there is often a
stigma regarding mental health treatment, especially in the military.
That is why we need to clearly communicate to our returning troops that
they are entitled to receive help in dealing with problems resulting
from their service to our country. Whether they are struggling with
PTSD, depression or any other mental disorder, there is treatment
available for them at our VA facilities. My amendment would simply
require that those mental health treatment options are presented to our
soldiers so that they can make informed decisions as they return to
civilian life.
I appreciate that this amendment was made in order, and I encourage
my colleagues to support the en bloc amendment. Our men and women are
bearing great physical and mental burdens from the operations in Iraq
and Afghanistan. The very least we can do is to inform them of the
benefits they have earned.
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I would like to engage my colleague, the gentleman from
California (Mr. Farr), in a colloquy.
Mr. FARR. Mr. Chairman, will the gentleman yield?
Mr. HUNTER. I yield to the gentleman from California.
Mr. FARR. Mr. Chairman, I rise today to ask for the gentleman's help
to make military golf courses accessible with specialty golf carts for
veterans community and disabled golf patrons. Our Nation's disabled
military personnel and veterans have paid a great debt to their
country. We have an obligation to make their reintegration into society
as seamless as possible, and one way is to make it easier for them to
resume recreational activities like golf.
And I would ask the chairman if he would agree that the committee
should explore the feasibility of the cost of providing specialty carts
for disabled golf patrons at military golf courses with DOD and the
services.
Mr. HUNTER. Mr. Chairman, I would just say to my colleague, I think
he has brought a great idea forward. We have military bases around the
country that serve not only the active duty folks, but also retired
folks and disabled folks; and it seems absolutely appropriate that we
make sure that those golf courses, all of which have electric golf
carts, have some specialty carts to accommodate those who need them. So
I will work with the gentleman, and let us see if we can make sure that
there are enough carts available at all the courses to accommodate all
the folks that need them.
Mr. FARR. I thank the chairman. I look forward to working with the
gentleman.
Mr. HUNTER. Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Chairman, first of all I want to thank
the ranking member, the gentleman from Missouri (Mr. Skelton), and the
chairman, the gentleman from California (Mr. Hunter), for a bill that
is probably one of the more important initiatives that this Congress
addresses, and that is the ordering and the governance of the United
States Military, particularly this week that we honor those fallen
heroes.
Might I also say, however, that I wish appropriately that this
legislation had the fullness of opportunity for many of us to debate. I
am reminded that times before this legislation was debated for 2 weeks
because it is so important and so crucial for the men and women of the
United States military.
I rise in support of an amendment offered by my distinguished
colleague, the gentleman from Indiana (Mr. Hostettler), which I am a
cosponsor of. I was a cosponsor of that bill, and this was an amendment
that was taken from H.R. 2293. I continue to support it. It would
provide special immigrant status for a limited number of Iraqis and
Afghanis who have served as translators for the U.S. armed services.
The translators are providing services for our combat forces in Iraq.
And according to the Marines who work with them, the translators and
their immediate families live in constant danger of debt because of the
key support they are providing for our combat forces. The Marine
commanders have expressed a desire to help them come to the U.S. with
their immediate families, and we wanted to answer their call. The
commanders believe that the lives of the translators will be in even
jeopardy when the Marines withdraw from Iraq.
The translators have gone far beyond just providing translation
services. They stay with the Marines in their camps, in the same living
quarters, and eat chow with the soldiers every day.
I am reminded of the individual who helped translate and ultimately
found Saddam Hussein. He now is a citizen of the United States, was
previously so, but has the ability to come here and he is provided
safety for him and his family.
The amendment would make permanent resident visas available to the
nationals of Iraq and Afghanistan and
[[Page H4025]]
their spouses and children who have helped the U.S. in this most
difficult effort. And so I would ask my colleagues to support this.
As I rise to honor these individuals, might I also say that we need
to honor the fallen dead who come home to our shores and allow them to
be honored when these soldiers return home. And I hope that we will
look forward to removing the executive order that requires lights out
when our fallen heroes have come back having served in the United
States military, and having lost their lives in battle.
Mr. Chairman, I ask my colleagues to support the Hostettler/Jackson-
Lee amendment.
I rise in support of the amendment offered by my distinguished
colleague, the gentleman from Indiana, Mr. Hostettler. I was a
cosponsor of the bill that this amendment was taken from, H.R. 2293,
and I continue to support it in its present form. It would provide
special immigrant status for a limited number of Iraqis and
Afghanistani who have served as translators for the U.S. Armed Forces.
The translators are providing services for our combat forces in Iraq.
According to the Marines who work with them, the translators and their
immediate families live in constant danger of death because of the key
support they are providing for our combat forces. The Marine commanders
have expressed a desire to help them to come to the U.S. with their
immediate families. The commanders believe that the lives of the
translators will be in even greater jeopardy when the Marines withdraw
from Iraq.
The translators have gone far beyond just providing translation
services. They stay with the Marines in their camp, in the same living
quarters, and eat chow with the soldiers every day. They go into the
field with the Marines. They have fought along side of them and shed
blood with them during combat operations. Some of the Marines feel so
strongly about helping the translators that they have offered to take
them into their homes in the United States until they have had enough
time to settle in and find places of their own.
The amendment would make permanent resident visas available to
nationals of Iraq and Afghanistan (and their spouses and minor
children) who have worked directly with U.S. Armed Forces as
translators for at least 12 months, who have obtained favorable written
recommendations from the officer in charge of the unit they worked
with, and who have cleared a background check. No more than 50
principals would be eligible to receive permanent resident status. The
recipients would count towards the 10,000-per-year quota of special
immigrant visas.
I am pleased that we can offer permanent resident status to such
deserving immigrants with a bipartisan bill. I urge you to vote for
this amendment.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
New York (Mr. Nadler).
Mr. NADLER. Mr. Chairman, the en bloc amendment calls among other
things for special immigrant status for Iraqi or Afghani nationals who
have served as translators with the United States Armed Forces. This
amendment is a direct response to the critical need for translators and
linguists in our military. This interpreter shortage is well
documented. The 9/11 Commission report stated that the government
``lacked sufficient translators proficient in Arabic and other key
languages, resulting in a significant backlog of untranslated
intercepts.''
The 2002 GAO study and the September 2004 Justice Department IG
report made the same findings. The shortage of Arabic translators in
Iraq and Afghanistan has made it harder for U.S. soldiers to protect
themselves and has jeopardized interrogations of suspected al Qaeda
terrorists in U.S. custody.
{time} 1715
I commend the author of this legislation for his willingness to open
the immigration doors to Arabic and Farsi linguists serving as
translators with the United States Armed Forces. Yet, the answer to
this dire need is not to give U.S. citizenship to Iraqis and Afghanis,
but rather to stop discriminating against American citizens who are
ready to loyally serve their country as Arabic translators.
It is no coincidence that this bill would create 50 spots for Iraqi
and Afghani nationals, almost the exact number of translators who have
been discharged under the military's ``Don't Ask, Don't Tell'' law in
effect since 1994. Fifty-four Arabic and nine Persian/Iranian,
including Farsi, translators have been discharged under this policy.
Because of ``Don't Ask, Don't Tell,'' the military continues to
devote its resources to rooting out patriotic gay Americans whose
service is central to the war on terrorism. This is another example of
how ``Don't Ask, Don't Tell'' is not in the best interest of our
national security.
Mr. Chairman, this Congress says, ``Don't ask, Don't tell, Don't
translate.''
I urge my colleagues to recognize the fundamental rights of American
citizens and the fundamental absurdity of denying the right to serve to
citizens who have vitally needed skills that we all know we need.
I urge this Congress to repeal the obnoxious and incredibly self-
defeating policy of ``Don't Ask, Don't Tell.''
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from
New Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Chairman, I thank the gentleman from Missouri (Mr.
Skelton) for yielding me time.
Mr. Chairman, I want to express my appreciation to the gentleman from
California (Mr. Hunter) and to the ranking member, the gentleman from
Missouri (Mr. Skelton), and to the members of the staff for including
in this en bloc amendment a proposal with respect to the retailers and
distributors of model airplanes and model ships.
One way to express your patriotism and support for the military is to
collect and assemble and build models of military craft and military
vehicles. An unfortunate occurrence has happened in the last few years
where the large defense contractors which received the right to build
these materials are extracting royalties from the consumers who buy
them. They extract those royalties from the distributors and the
retailers. We would like to stop that practice.
These ships and planes are designed with public money. They are
conceived of with public money, and we do not think the American public
should pay for this twice.
I very much appreciate the fact that language that takes us in that
direction has been included in the bill. Frankly, there is more work to
do in my judgment concerning who is covered by the scope of the
language but this is an important first step. It will promote
patriotism for those who collect and build these models, and it will do
so in a fair way to the consumer.
I thank the gentleman from California (Mr. Hunter), the gentleman
from Missouri (Mr. Skelton) and the staffs for making this possible.
I would ask for support of the en bloc amendment.
Mr. HUNTER. Mr. Chairman, I yield 2 minutes to the gentleman from
Colorado (Mr. Hefley), the chairman of the Subcommittee on Readiness.
Mr. HEFLEY. Mr. Chairman, I do not intend to take 2 minutes, but I
just wanted to say that in committee the gentleman from New Jersey (Mr.
Andrews) introduced this amendment. I thought it was an excellent
amendment and that we ought to follow through on it.
We had a problem in committee that it might have a jurisdictional
problem. The gentleman was nice enough to agree to withdraw it so we
could check that jurisdictional problem. We do not have that problem at
this point.
The gentleman is on the right track. It ought to be passed. I am glad
it is in the en bloc, and I thank the gentleman for bringing this to
our attention.
I do not think most of us who grew up with the thrill of playing with
model airplanes ever dreamed that this was the situation, and this will
correct the situation. I appreciate the gentleman doing that.
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, we have talked about the translator provision that
would give some accommodation to those folks who have served our U.S.
military in those warfighting theaters, and I just wanted to give some
credit for the originator of this proposal. It was a Marine captain in
Fallujah who talked about the service of these translators, how much
they risk, the exposure that they take, and the dedication that they
have to America and to our cause. So it was that recommendation that
found its way back to the floor of the House, and I am glad that we are
passing it.
[[Page H4026]]
I want to thank all of my colleagues who have spoken in favor of this
provision.
Mr. STARK. Mr. Chairman, I rise in opposition to this defense
authorization bill. Once again, the Republican majority has pushed
forward a defense budget that does nothing to make this country any
safer.
This bill continues Congress' long-held tradition of throwing away
billions on the development of ineffective or duplicative weapons
systems that pad the pockets of big defense contractors. It authorizes
$7.9 billion on pie-in-the-sky Star Wars missile defense, a $100
million increase over President Bush's request. Yet, this unproven Cold
War concept does not address the very real security threat posed by
weapons of significant magnitude that are readily delivered in a
suitcase or cargo container.
Developing new nuclear weapons, as this bill encourages, will not
deter terrorists or rogue nations like North Korea. It encourages them
to answer in kind, especially as the Bush Administration pursues its
belligerent policy of preemption.
Further, as long as the United States is in Iraq, the Iraqi
insurgency will continue to have a justification to carry out their
savage attacks on the Iraqi people and security forces and American
soldiers. It is unfortunate the Republican majority continues to
believe that throwing more money at the problems in Iraq will somehow
slow death rates.
Over 1,500 young Americans and more than 20,000 Iraqi civilians have
been killed; the immediate withdrawal of U.S. troops from Iraq is
necessary if the United States is serious about bringing peace and
security to the Iraqi people.
Whether or not those soldiers currently fighting overseas are active
duty, National Guard or reserves, they all deserve the same access to
health care. Unfortunately, this bill once again shortchanges our
troops. The Chairman of the Armed Services Committee unilaterally
stripped out language in the bill that provided the same health care to
our National Guard members and reservists as the rest of our soldiers.
President Bush's war in Iraq has leaned heavily on National Guard
members and reservists. It is only fair that we provide them--and their
family members--the same health care as the rest of our soldiers; their
sacrifice has been no less.
The American people may be surprised to know that even a defense bill
can be used to advance the agenda of the religious right. An amendment
to allow servicewomen to use their own funds to obtain an abortion at
an overseas U.S. military medical facility was beaten back by
conservatives who continue to prove they vote first, and think second.
How can we ask our women in uniform to fight abroad for the rights of
others, when we prevent them from exercising their own constitutional
right to choose?
I urge my colleagues to vote down this wasteful and irresponsible
bill. It is time we had a defense budget that lives within its means,
accounts for what is truly required in Iraq, and provides the best
possible support for all our troops. Nor does it alleviate years of
Defense Department policies that discriminate against sexual
orientation and gender.
Ms. SLAUGHTER. Mr. Chairman, I am pleased to have the opportunity to
offer this very important amendment that will help the Department of
Defense improve their capability to provide care to victims of sexual
assault in the military.
Earlier this month, the Department of Defense released their first
annual report to Congress on sexual assault in the military. And the
findings were not good. Of the 1,275 cases of sexual assault among
service members, only 113 cases resulted in a court martial.
More discouraging is the fact that 278 cases were not pursued because
the perpetrator could not be identified. And, another 351 cases were
not pursued because of unsubstantiated or insufficient evidence. Mr.
Chairman, this amounts to 629 sexual assault cases, nearly 50 percent
of those reported, where the perpetrator is still out there, free to
commit further assaults on our brave service women defending our
country.
Surely the Department of Defense can and needs to do a better job of
training new and existing first responders to respond to sexual
assaults occurring in the military. Criminal investigators, medical
professionals, and victims advocates all need to be trained on
gathering, protecting, and processing evidence.
The Defense Department must do a better job of providing the best
possible care for service women who are victims of sexual assault. And
that is what my amendment will do.
Last March, servicewomen spoke before the Congressional Women's
Caucus about the inability of some military healthcare facilities to
appropriately care for women who had been sexually assaulted. In some
areas, medical providers are not familiar with the gathering and
processing of rape kits. More dismaying, some facilities are not even
equipped with rape kits. With great emotion, these service women
recounted the military's failure to provide them with a private
examination or tests for pregnancy and sexually transmitted infections.
Mr. Chairman, we cannot allow women to be victimized once by their
perpetrator and then again by the lack of appropriate, compassionate
care at military healthcare facilities.
My amendment seeks to prevent our women in uniform from experiencing
this egregious treatment. It requires the Secretary of Defense to
assess the training and resource gaps, which have prevented victims of
sexual assault in the military from receiving the best possible care.
Based on this assessment, my amendment also requires the Secretary to
develop a plan to address these gaps by enhancing the accessibility and
availability of supplies and trained personnel by military victims of
sexual assault.
It is my hope that through this plan the Secretary will require
military healthcare facilities to carry emergency contraception (EC).
Although emergency contraception has been available in the U.S. by
prescription since the late 1990s, it is not available to U.S.
servicewomen. EC is widely recognized as an integral part of
comprehensive and compassionate emergency treatment for sexual assault
survivors. We do a disservice to women in the military by not requiring
EC be available to them after a sexual assault.
Women in the service put themselves in harms way to protect us and
our Nation from threats at home and abroad. The least we can do is
ensure they are protected when facing a horrible tragedy. My amendment
helps the Defense Department provide military victims of sexual assault
with honor, respect, and the best possible care that they deserve.
I urge everyone to support my amendment.
Ms. WOOLSEY. Mr. Chairman, when a woman enlists in the military to
serve her country honorably, she expects that the resources will be
there to take care of her in the unfortunate tragedy of rape. But a
recent report from the Miles Foundation revealed that three fourths of
the female veterans who were raped did not report the incident to a
ranking officer. One third didn't know how to; and one fifth believed
that rape was to be expected in the military. Even if they had reported
the incident, if the service woman who had been sexually assaulted
seeks care at a military healthcare facility, she may not be granted a
private examination or tests for pregnancy and STIS. This is an
outrageous way to treat our female military volunteers. That's why I
urge my colleagues to support the Slaughter amendment, which would
assure that our service women have access to the medical care and
evaluation that they need when this type of strategy strikes. We owe
them no less.
Mr. GRAVES. Mr. Chairman, I would like to commend the gentleman from
Washington on this amendment. It is important to evaluate and
understand the financial difficulties that citizen-soldiers face when
called to serve their country.
Over 400,000 citizen-soldiers have been mobilized since September 11,
2001. This is the largest activation of National Guard and Reserve
members since World War II and will likely continue for the immediate
future. About half of our total military are National Guard and Reserve
forces.
Recent government studies show that 40 percent of them make less
money while mobilized than they earn in their civilian jobs. To solve
this pay problem, I have introduced H.R. 838, which would offer
employers a tax credit to help make up some of the pay gap.
Military Reservists and Guardsmen unselfishly answer the call to
serve and protect their country at a moment's notice, many times at a
personal and financial cost. In turn, we need to show appreciation and
support for their patriotic efforts.
We ask a lot of those who serve the cause of American freedom.
Financial ruin should not be one of those sacrifices.
I commend the gentleman for his work on behalf of our Guard and
Reservists and urge passage of this amendment.
Mr. HUNTER. Mr. Chairman, I reserve the balance of my time.
Mr. SKELTON. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. HUNTER. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The Acting CHAIRMAN (Mr. Terry). The question is on the amendment
offered by the gentleman from California (Mr. Hunter).
The amendment was agreed to.
The Acting CHAIRMAN. It is now in order to consider the amendment No.
2 printed in House Report 109-96.
Amendment No. 2 Offered by Mr. Bradley of New Hampshire
Mr. BRADLEY of New Hampshire. Mr. Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
[[Page H4027]]
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. Bradley of New Hampshire:
At the end of subtitle C of title XXVIII, insert the
following new section:
SEC. 28__. POSTPONEMENT OF 2005 ROUND OF DEFENSE BASE CLOSURE
AND REALIGNMENT.
(a) Postponement.--The Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-09510; 10
U.S.C. 2687 note) is amended by adding at the end the
following new section:
``SEC. 2915. POSTPONEMENT OF 2005 ROUND OF DEFENSE BASE
CLOSURE AND REALIGNMENT.
``(a) In General.--Notwithstanding any other provision of
this part, the round of defense base closure and realignment
otherwise scheduled to occur under this part in 2005 by
reasons of sections 2912, 2913, and 2914 shall occur instead
in the year following the year in which the last of the
actions described in subsection (b) occurs (in this section
referred to as the `postponed closure round year').
``(b) Actions Required Before Base Closure Round.--(1) The
actions referred to in subsection (a) are the following
actions:
``(A) The complete analysis, consideration, and, where
appropriate, implementation by the Secretary of Defense of
the recommendations of the Commission on Review of Overseas
Military Facility Structure of the United States.
``(B) The return from deployment in the Iraq theater of
operations of substantially all (as determined by the
Secretary of Defense) major combat units and assets of the
Armed Forces.
``(C) The receipt by the Committees on Armed Services of
the Senate and the House of Representatives of the report on
the quadrennial defense review required to be submitted in
2006 by the Secretary of Defense under section 118(d) of
title 10, United States Code.
``(D) The complete development and implementation by the
Secretary of Defense and the Secretary of Homeland Security
of the National Maritime Security Strategy.
``(E) The complete development and implementation by the
Secretary of Defense of the Homeland Defense and Civil
Support directive.
``(F) The receipt by the Committees on Armed Services of
the Senate and the House of Representatives of a report
submitted by the Secretary of Defense that assesses military
installation needs taking into account--
``(i) relevant factors identified through the
recommendations of the Commission on Review of Overseas
Military Facility Structure of the United States;
``(ii) the return of the major combat units and assets
described in subparagraph (B);
``(iii) relevant factors identified in the report on the
2005 quadrennial defense review;
``(iv) the National Maritime Security Strategy; and
``(v) the Homeland Defense and Civil Support directive.
``(2) The report required under subparagraph (F) of
paragraph (1) shall be submitted not later than one year
after the occurrence of the last action described in
subparagraphs (A) through (E) of such paragraph.
``(c) Administration.--For purposes of sections 2912, 2913,
and 2914, each date in a year that is specified in such
sections shall be deemed to be the same date in the postponed
closure round year, and each reference to a fiscal year in
such sections shall be deemed to be a reference to the fiscal
year that is the number of years after the original fiscal
year that is equal to the number of years that the postponed
closure round year is after 2005.''.
(b) Ineffectiveness of 2005 Round of Defense Base Closure
and Realignment.--Effective as of the date of the enactment
of this Act, any list of military installations recommended
for closure or realignment submitted to Congress pursuant to
section 2914 of the Defense Base Closure and Realignment Act
of 1990 shall have no further force and effect.
The Acting CHAIRMAN. Pursuant to House Resolution 293, the gentleman
from New Hampshire (Mr. Bradley) and a Member opposed each will control
30 minutes.
The Chair recognizes the gentleman from New Hampshire (Mr. Bradley).
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, let me start out by thanking the ranking member, the
gentleman from Missouri (Mr. Skelton); the chairman of the House
Committee on Armed Services, the gentleman from California (Mr.
Hunter); the gentleman from Colorado (Mr. Hefley); the gentleman from
Arkansas (Mr. Snyder); and all of the members of the House Committee on
Armed Services for the defense of our Nation and for working so hard
for our troops.
The gentleman from California (Mr. Hunter) and the gentleman from
Missouri (Mr. Skelton) are indeed fine leaders and it is a pleasure to
serve under them in the bipartisan fashion that they conduct the
committee business.
Mr. Chairman, let me explain this amendment because the sponsors
believe that this amendment is critical to our Nation's defense. It
postpones the base realignment and closure process until 1 year after a
number of studies are completed and until 1 year after the troops have
returned home from the Iraqi theater.
The studies in question, number one, the Overseas Base Commission
Report, which was released on May 9, 4 days before the BRAC list came
out, what of the 70,000 troops that are slated to return to our country
and the 30,000 new troops that we have authorized? Where will they be
housed, on what bases? Where will the children of these troops go to
school? What are the MILCON expenditures likely to be that we have to
appropriate? We need to have those answers.
We also need the Quadrennial Defense Review, the potential threats
that our Nation faces, the force structure, the defense infrastructure.
Mr. Speaker, the last QDR was completed on September 30 of 2001, so
the Department of Defense is using outdated information, information
that predates Iraq, predates the hostility in Afghanistan, predates the
war on terror. The next QDR is slated to be completed this fall, too
late for the BRAC Commission's report.
Other studies that are necessary are the National Marine Security
Strategy Study by the Department of Defense, as well as the Secretary's
report assessing our Nation's military installation needs.
Mr. Speaker, let us be extremely careful before closing 33 major
bases and hundreds of smaller facilities that we have not undermined
through the base closure process the security of our Nation.
This amendment ensures that we exercise that necessary care and
necessary restraint so important to the security of our country.
Mr. Chairman, I yield 3 minutes to the gentlewoman from South Dakota
(Ms. Herseth).
Ms. HERSETH. Mr. Chairman, I thank the gentleman from New Hampshire
(Mr. Bradley) for his leadership on this important issue.
I rise today in support of this amendment, delaying the
implementation of the BRAC recommendation, because it is clear that we
need to slow this process down. Given the broad range of uncertainties
surrounding our overall military infrastructure and operations, now is
not the time to be shutting down domestic military installations. There
are serious questions that need to be answered first.
We have more than 120,000 soldiers currently deployed in Iraq and
Afghanistan. We are planning to realign our overseas bases. We are less
than 1 year away from completing a comprehensive Quadrennial Defense
Review. There are simply too many moving parts and too many unanswered
questions right now to complete this domestic BRAC round end process on
the currently prescribed schedule and close bases here at home.
Simply put, we need to slow the process down to ensure we do not make
critical mistakes when we are deciding our national security and
military strategy. These are decisions that we should make with all
available information and we are nowhere near having all of the
necessary information.
Ellsworth Air Force Base in Rapid City, South Dakota, is my State's
second largest employer and an integral part of our national defense as
home to the 28th Bomb Wing and the B-1 Bomber. It is also scheduled for
closure, along with 32 other major installations across the country.
Now, inexcusably, we have yet to receive complete information regarding
the criteria and the reasons for the Department of Defense's
recommendations. This is true of many other installations in affected
communities.
Site visits by BRAC commissioners are already under way. We are only
weeks away from the commission holding regional hearings, including one
in Rapid City to discuss the DOD's recommendations. But neither they
nor we have received the complete information that was used to make
those recommendations.
That fact alone is evidence that there is not adequate time built
into this process and ample reason to slow the process down.
I respectfully request every one of my colleagues, regardless of how
your district may have been affected by DOD's recommendations, to
support
[[Page H4028]]
this important amendment for our national security and for essential
fairness in the process.
Is postponing this BRAC round a reasonable action in light of the
fact that we as Members of Congress and every member of the commission
lacks the information that we have identified here today, lacks the
information underlying the DOD's analysis in their decisions? The
obvious answer to that question is ``yes,'' it is a reasonable action.
And the obvious vote on this amendment is a ``yes'' vote.
Mr. HEFLEY. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIRMAN. The gentleman from Colorado (Mr. Hefley) is
recognized for 30 minutes.
Mr. HEFLEY. Mr. Chairman, I ask unanimous consent to yield 15 minutes
of my time to the gentleman from Arkansas (Mr. Snyder), a very active
and thoughtful member of the Subcommittee on Readiness of the Committee
on Armed Services, for purposes of control.
The Acting CHAIRMAN. Is there objection to the request of the
gentleman from Colorado?
There was no objection.
Mr. HEFLEY. Mr. Chairman, I yield myself such time as I may consume.
Over the past several years many Members of this body, including
myself, have tried to delay or cancel the 2005 Base Closure Realignment
and Closure round. Last year, in fact for a couple of years, the House
has actually passed something to do that. And last year in the Defense
act we passed a 2-year delay which would have required very much
similar types of reports and so forth, which we thought was a very
reasonable approach to give us more evidence to base our decision on.
I think the approach the gentleman makes today is a very reasonable
approach. And I had hopes that last year we could delay the process
because it did not seem to me to be the time for a base closure round,
and I used many of the same reasons that the gentleman from New
Hampshire (Mr. Bradley) does. But I do think that last year was the
last chance to delay BRAC.
Unfortunately, we faced a veto threat from the President and
opposition from the other body, and in the conference committee what we
passed here in the House disappeared. And as I said, I think it is too
late now. The Secretary of Defense has made recommendations for the
base realignments and closures.
The BRAC Commission has been appointed and has begun review of BRAC
data. The Commission has held hearings. I think today they started
their visits to bases around the Nation. And as the old cliche says,
``The train has left the station.'' I think it is very difficult to
call that train back at this stage.
BRAC is a carefully crafted process. It was designed in time to
ensure that base closures are made in a fair and nonpartisan manner.
The process allows for Congress to disapprove the final BRAC
recommendations. And while I recognize that disapproving the
recommendations is a difficult hurdle to clear, that is our best
remaining opportunity to terminate the BRAC process.
The Bradley amendment before us today may be tempting to anybody who
has a military installation in or near their district. Those who dodged
the bullet fired by the DOD's BRAC recommendations are still at risk of
being placed on a closure or realignment list by the Commission. Those
who were not so fortunate face a very difficult task in trying to
convince the BRAC Commission to remove their bases from the closure and
reassignment list.
{time} 1730
However, those tempted to support this amendment should know that it
does have some problems.
First, the amendment would terminate all that has already occurred
and would restart the BRAC process at some undetermined time out in the
future. For communities not on the DOD's BRAC list, this amendment
would reset the process and put them through years, perhaps, of worry
that DOD might change its mind. For communities on DOD's BRAC list, the
Bradley amendment may spare them temporarily, but they would face the
likelihood and perception that DOD is likely to reach the same closure
and realignment conclusions when the round recommenced in the future.
Such a stigma would leave those communities in a state of limbo.
Can any of us imagine businesses investing money into a community
around a base they almost are sure or know will be closed or realigned,
but that lacks a redevelopment plan? For such communities, the sooner
BRAC is complete, the sooner they will be able to redevelop and attract
new businesses and commerce.
Secondly, the Bradley amendment would postpone BRAC until some
unknown period in the future. According to the amendment, BRAC would
restart 1 year after a number of items are completed, including the
quadrennial defense review and the withdrawal of substantially all
major combat units and assets from Iraq.
Not only would this rolling delay leave all of our communities
without any clarity when the next BRAC round will occur, but it means
the next BRAC round could occur during an election year. We tried to
get away from that because of the partisanship of it. Those that built
the 2005 round of BRAC timed it carefully to ensure that Presidential
politics or even congressional politics for that matter do not drive
the process. So the timing would be a problem, perhaps.
On a final note, the Bradley amendment is effectively dead on
arrival, unfortunately. The administration threatened to veto the bill
2 years ago, and I am sure that threat will come about again. I do not
think the Senate is in a mood to change its mind, although that may
have changed because of the recommendations that were made.
Mr. Chairman, I have the greatest respect for my colleagues from New
Hampshire and Connecticut and those who are very interested in this.
They have the best of intentions. But with reluctance, I cannot support
the amendment, and I encourage a ``no'' vote on it.
Mr. HUNTER. Mr. Chairman, will the gentleman yield?
Mr. HEFLEY. I yield to the gentleman from California.
Mr. HUNTER. Mr. Chairman, I thank the gentleman for yielding because
he mentioned our great colleague, the gentleman from New Hampshire (Mr.
Bradley); and I know this is a matter of heartfelt importance to him
and to his constituents, and to the gentleman from Connecticut (Mr.
Simmons) and to all the Members who have bases in their districts that
have been targeted.
I have had bases removed from our defense complex in San Diego. I
know what it means and how difficult it is, and I can just say that
those constituents have had no finer representation than the people who
are fighting for them right now. I understand this is a very difficult
process. It is a tough one.
We do have another, through this summer, the opportunity for
communities to make their case with their congressional leadership to
the base closing commission, which reports on September 5; and that is
the course that all Members will have to take.
It is a tough, tough call. I join with my friend from Colorado in his
analysis of this particular situation. I think the horse is out of the
stable at this point, and we need to move ahead with the process; but I
want to thank everyone who is involved in this debate.
Mr. HEFLEY. Mr. Chairman, I reserve the balance of my time.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 5 minutes to the
gentleman from Connecticut (Mr. Simmons).
Mr. SIMMONS. Mr. Chairman, I rise in support of the amendment, and I
thank my friend, the gentleman from New Hampshire (Mr. Bradley), for
his leadership on this important undertaking.
In simplest terms, this amendment simply delays the process of
realigning and closing bases across our country until certain events
take place and certain reports are submitted to Congress by the
Department of Defense. And there are several important reasons why this
should take place.
First and foremost, Mr. Chairman, we are at war. We are at war. We
have troops abroad fighting in Iraq and Afghanistan. We should focus
all of our energy on supporting these troops in the field. We should
not be distracted with the complicated burden of realigning our whole
military base structure here at home.
[[Page H4029]]
In October of 2003, I went to Iraq and learned that our troops were
desperately in need of armor on their vehicles. One month later, the
Secretary of the Army wrote to me and said getting armor into the field
was a ``top priority.'' A top priority, and yet today there are tens of
thousands of vehicles in theater that are still not armored. We should
be spending our time, Mr. Chairman, and our money on this life-
threatening problem and not wasting time and energy and resources on
realigning and closing bases.
Second, the strategic environment in which we are trying to operate
is changing. The threats from North Korea, from China, from Iran are
rising while we are still engaged in Iraq and Afghanistan. How do we
know what the future basing requirements will be? We do not. We do not.
The quadrennial defense review, the last one we did, is September 2001.
The next one due is later this year. The quadrennial defense review
will answer the questions that we need answered before we can decide
what our basing needs are going to be.
Thirdly, closing bases costs billions of dollars. Not millions of
dollars, billions of dollars. The Department of Defense cannot close or
dispose of a property until it is properly cleaned up, but the
investment of these cleanup dollars takes dollars away from our troops.
That is wrong.
Fourth, I hope that our troops overseas will not be there forever. I
look forward to when they come home. But when will they come home? Who
knows? Where will they go when they come home? Who knows? As for the
Guard and the Reserve, we do know that many of them will no longer have
a Guard or a Reserve center when they get back.
For example, in my State of Connecticut, where I served for many
years as a Reserve officer, they are recommending closing three Reserve
centers and realigning the Air Guard's A-10s out of Bradley Field. Why
is this good for morale of returning troops? It is not. Why does this
help build the force and contribute to readiness of those Guard and
Reserve forces still in this country? It does not.
I know from my own service as a member of the U.S. Army Reserve that
the location of the drill center contributes to reenlistment and
readiness. This is why we need to slow this process down and take a
closer look.
Fifth, I represent the Naval Submarine Base New London located in
Groton, Connecticut, the submarine capital of the world. Working with
our friends around the country, we design, develop, build, maintain,
base and deploy the best submarines in the world. The synergy between
those who design and build submarines and those who drive them is
critical to our national security.
One of the BRAC principles requires ``access to logistical and
industrial infrastructure capabilities optimally integrated into a
skilled and cost-efficient industrial base.'' This synergy is just what
we have between this submarine base and Electric Boat, which designs
and builds these submarines. Yet the Department of Defense is violating
its own principles for BRAC in making a recommendation to close the
base.
Close the submarine base in Groton is kind of like taking cars out of
Detroit. Decisions of this magnitude require time and study, and yet
the Department of Defense has delayed release of vital data in support
of their decision, making it impossible for us, the defense
communities, to respond to these decisions in a timely manner. I still
do not have the data that was used in their decisions, and yet the BRAC
committee will be going up to Groton New London on the 31st of this
month. We need additional time, Mr. Chairman, to make reasonable
judgments.
We, as Members of Congress, have the responsibility under article 1,
section 8 to provide for the common defense. Let us accept these
responsibilities. Let us support the Bradley amendment.
Mr. SNYDER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I too want to join in commending the gentleman from New
Hampshire (Mr. Bradley) for his zealous advocacy on behalf of our men
and women in uniform and on behalf of the national defense of this
country. We have served together on the Committee on Armed Services,
and he is a great, great member.
One of the problems that we have with base closure is we are not
talking about bad bases. We are not talking about bases that are not
achieving good things on behalf of America. We are not talking about
bad workers that are somehow not cutting it. We are talking about
wonderful people working at great and historic places that have been a
vital part of the national security of our country. The problem is, the
world has changed and our military must be leaner and smarter and save
money to prepare for the future.
During the Committee on Armed Services markup, we had two different
amendments on BRAC, one to eliminate it and one to delay it. The vote
on the amendment to eliminate it was eight people for it and 50 against
in the Committee on Armed Services. On the one to delay it, there were
10 votes in support of it and 47 against. Also, the chairman, the
gentleman from California (Mr. Hunter), and the ranking member, the
gentleman from Missouri (Mr. Skelton), are in opposition to this
amendment, as they were during the committee markup.
Now, why is that? The issue that we have here is this is not a good
process to go through, and the gentleman from Connecticut and New
Hampshire make good points about wanting additional information and
would like to have additional time. The problem is, we cannot take a
time out. The United States cannot declare and say, Time out. We need a
couple, 3 or 4 years to go through finding the most efficient way of
delivering our national security. The world does not work that way.
There will never be a good time to do something like this.
As the gentleman from Colorado (Mr. Hefley) pointed out, we have
already had a considerable amount of effort put into coming up with the
process thus far. That money will be wasted if we were to delay this
further.
I think it also bears repeating, in reflection on the fact that the
supporters of base closure have been bipartisan, both the Clinton
administration and the second Bush administration have been in support
of another round of base closures. When we look at the numbers of
former Secretaries of Defense and former chairmen of the joint chiefs,
they have been in support of another round of base closures.
And it is not just closure; it is realignment. It is shifting things
around to modernize the military and to prepare for the efficiencies of
the future. If we delay 1 year or 2 years or 3 years, it delays the
savings that can come from a realignment and closure. Obviously, the
American people expect us as lawmakers to administer government
efficiently.
Probably the biggest concern I have, as someone who also has
facilities in my district and in our State, we know the turmoil that
communities go through. This will prolong that turmoil were we to adopt
this amendment and delay it. So I strongly recommend a vote against
this amendment. Let the process proceed in a very fair manner over the
next 4 or 5 months.
Mr. Chairman, I reserve the balance of my time.
Mr. BRADLEY of New Hampshire. Mr. Chairman, it is with great pleasure
that I yield 2 minutes to the gentlewoman from West Virginia (Mrs.
Capito).
Mrs. CAPITO. Mr. Chairman, I thank the gentleman from New Hampshire
for yielding me this time, and I appreciate his efforts on this
important issue.
Mr. Chairman, I rise today in strong support of the Bradley amendment
to delay the 2005 round of base closings and realignment because of
questions involving these decisions, the timing, and also the way it is
affecting my State.
The BRAC recommendations released by the Secretary of Defense include
the removal of eight C-130 aircraft from the 130th Airlift Wing in
Charleston, West Virginia. That means taking all the aircraft out. Do
you have an air base without aircraft? I do not believe so. This
removal will cost hundreds of jobs in the Kanawha Valley. The loss of
the C-130s will strip the 130th of its primary mission, and it will
hurt the West Virginia National Guard that responds to natural
disasters in our State quite frequently and also inhibits their
important mission in training and readiness.
[[Page H4030]]
The 130th Airlift Wing has a long reputation as one of the Nation's
elite National Guard units. They have served in the first Gulf War,
Kosovo, Afghanistan, and are currently in Iraq. They have demonstrated
a commitment to service and sacrifice made by thousands of West
Virginians and their families.
Despite adding four new units, the 130th is at 104 percent strength.
The unit has a retention rate of nearly 97 percent, fifth best in the
Nation. The National Guard Association has consistently ranked the
130th as one of the best units in the country. These are not the
rankings of a unit that should be realigned.
The Bradley amendment to delay BRAC is the correct approach because
the additional time will allow the Department of Defense and the BRAC
Commission to gather accurate information about the bases they are
closing and realigning.
{time} 1745
In West Virginia's case, the Department of Defense makes the
incorrect assertion that Yeager Airport is only large enough for eight
C-130s, when it can already accommodate 14 C-130s, and they are making
accommodations to accommodate up to 26 C-130s.
I ask my colleagues to join me in supporting the Bradley amendment to
allow a comprehensive look at our defense needs prior to the closing of
these important facilities.
Mr. HEFLEY. Mr. Chairman, I reserve the balance of my time.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 2 minutes to the
gentleman from Maine (Mr. Allen).
Mr. ALLEN. Mr. Chairman, I thank the gentleman for yielding me this
time.
Mr. Chairman, I rise in support of
the Bradley-Herseth-Simmons-Allen amendment to postpone the base
closure process. Why are we closing military installations when we are
at war? Why are we building new bases in Iraq while closing them in
America? Will our troops in Iraq and Afghanistan have the right
facilities to come home to?
These are the questions my constituents are asking. I do not have
good answers, but neither does the Pentagon. This BRAC was formulated
in 2001 before September 11 and before our occupation of two countries.
The world has changed, but the process has not.
The Pentagon says it wants to bring home 70,000 troops, but the
Overseas Basing Commission has found that the massive realignment of
forces requires that the pace of events be slowed and reordered.
This validates our concern that this BRAC is the wrong process at the
wrong time. If we do not do this right, our Nation risks losing key
assets that can never be reconstituted, like the nuclear shipyard in
Kittery, Maine. We jeopardize our security if we close infrastructure
before we first come to consensus on an overall defense and homeland
security strategy.
Our amendment puts the horse where it belongs, before the cart. It
requires implementation of the Overseas Basing Initiative, the
Quadrennial Defense Review, the National Maritime Security Strategy and
the Homeland Defense and Civil Support Strategy before BRAC takes
effect.
It is the right process, and I urge my colleagues to vote ``yes'' on
the Bradley amendment.
Mr. SNYDER. Mr. Chairman, I reserve the balance of my time.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 3 minutes to the
gentleman from Texas (Mr. Paul).
(Mr. PAUL asked and was given permission to revise and extend his
remarks.)
Mr. PAUL. Mr. Chairman, I rise in strong support of this amendment.
Some Members wonder why I would support this amendment, considering
the fact that I am the most fiscally conservative Member of Congress
and vote for the least amount of spending. But I think this amendment
is a good amendment, and I think the closing of these bases represents
bad policy. I do not have a base in my district that is being
threatened to be closed.
Let me tell Members why I think this is a mistake. First, I think the
process is very poor. I think we are ducking our responsibility. To
turn this responsibility over to a commission and duck the
responsibility of facing up to making tough decisions, I think, is
something we do too often. Too often in the Congress, we do things we
should not be doing, and we forget to assume the responsibilities we
have. In this case, I think we are not assuming the responsibility to
face up to making this tough decision.
It is claimed we will save $5 billion a year on base closings. We
spend $5 billion a month in Iraq. We are spending nearly a billion
dollars in building an embassy in Iraq. We are going to build four
bases in Iraq that are going to be permanent, costing tens of billions
of dollars. I think we have our priorities all messed up.
I think that it makes a lot more sense to keep a submarine base in
Connecticut and keep a deep seaport in Ingleside, Texas, than it does
to be closing these down and at the same time building bases up around
the world.
I think the savings issue is a red herring. Between 1995 and 2001,
the last base closing, $6.5 billion was spent, and $6.1 billion was
saved. So we are spending more money than we are saving in closing down
these bases.
I have a quote here I want to read; it comes from a think tank, one
of the defense policy think tanks. This to me is important. ``The big
story here is not going to be saving money; the big story is going to
be preparing the force for future threats by moving it to more logical
locations.'' In other words, defending our borders, protecting our
homeland, worry about defending this country is less important than
spreading our troops and protecting the empire and expanding the empire
and exposing us to greater danger.
This is an issue of policy. This is an issue of process, and this is
a red herring when you think you are saving money. We are not going to
be saving money in this process. We are just going to be giving an
excuse to build bases around the world.
This is the time that we ought to reassess our policies and how we
spend our money. This is why a 1-year delay is a perfect time to take
time, stand back and figure out when we are going to get our troops
home, when are we going to have a defense policy that defends this
country and our borders rather than spreading ourselves so thinly
around the world and building huge bases in foreign lands.
That, to me, is the real issue. I hope we take deep consideration and
support this amendment.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 2 minutes to the
gentleman from Mississippi (Mr. Taylor).
Mr. TAYLOR of Mississippi. Mr. Chairman, if you were to travel to
North Carolina today, you would find the Navy out trying to buy 35,000
acres of land. Once they buy it, they have to get the environmental
permits. Once they do that, they are going to bulldoze the woods and
build a runway. After they build a runway, they build a firehouse.
After they build a firehouse, they build the enlisted barracks. After
that, they build the married housing. After that, they will have to
have mess halls, a clinic, golf course, tennis courts, swimming pools,
all of the things that people in uniform deserve.
They had all of those things. It is called Cecil Field. They had
three 8,000-foot runways and a 10,000-foot runway. It had world-class
dining facilities, world-class barracks and world-class family housing.
It was already paid for by the American taxpayer, and they shut it down
in a previous round of BRAC.
If Members need one word, or two words, to tell you why we do not
need another round of BRAC, it is Cecil Field.
Right now, the Navy has to have a place to put their F-18E and Fs
when they come off the carriers. Cecil Field would have been the
perfect place, but no, because it was closed and the property was given
away. And before we gave it away, we had to clean it up environmentally
at no telling how many billions of dollars.
So before we closed it and gave it away, just to replace it by
building it someplace else, maybe we should not make that mistake
again. Maybe the people who are given the constitutional responsibility
to provide for the common defense, who every 2 years go out and beg for
this job, which entails the constitutional responsibility to provide
for the common defense, maybe we
[[Page H4031]]
ought to make that call and maybe we should not rush into more bad
judgments like Cecil Field.
Last year, this House by over a 100-vote margin passed the 2-year
delay to BRAC. Now we have even more troops coming home from Korea and
Iraq. We have agreed finally to grow the Army and the Marine Corps.
Where are we going to put these folks if we are closing bases? And how
many more mistakes like Cecil Field are we going to rush into just for
the sake of doing something, even if it is wrong?
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 1 minute to the
gentleman from New Jersey (Mr. Holt).
Mr. SNYDER. Mr. Chairman, I yield 1 minute to the gentleman from New
Jersey (Mr. Holt).
(Mr. HOLT asked and was given permission to revise and extend his
remarks.)
Mr. HOLT. Mr. Chairman, I thank the gentleman for offering this
amendment, and I rise in support of it.
We could go through a list of all of the problems that will be
created, but let me just paint a picture here. At Fort Monmouth in New
Jersey, there are really the best people in the world, mostly
civilians, engineers, scientists, procurement specialists, providing
communications, surveillance, tracking friendly forces and unfriendly
forces, providing equipment, services, software that men and women in
the field in Iraq and Afghanistan need and use every day. Thousands of
jobs will be sent elsewhere.
Now picture this: A commander in Iraq places an emergency call back
to the U.S. The insurgents have changed the electronics in the roadside
bombs, the IED devices, and they need new electronics to detect and
disarm them. The reply, ``I am sorry, that guy does not work here
anymore. We are in the middle of realignment and we have not hired his
replacement yet.''
Repeated 5,000 times, ``That guy does not work here anymore,'' that
is what is at stake here. The gentleman from Arkansas says there is
never a good time, there are no bad bases; this is a terrible time.
I can talk about the economic impact of moving jobs away from Fort
Monmouth or to some other place. That is not the point. There are
soldiers in the field. We are to look after their safety and
effectiveness. The Secretary of the Army himself said before the BRAC
Commission this past week that they have concerns whether those
civilians, those experts with security clearance, with advanced
degrees, with specialties, will make the move. How many years of
reduced capability can we tolerate while we have men and women in the
field?
This is a terrible time to proceed. Let us admit that we have gotten
off on the wrong track, slow it down and look after the interests of
the people in the field.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield the gentleman
from New Mexico (Mr. Udall) 2 minutes.
(Mr. UDALL of New Mexico asked and was given permission to revise and
extend his remarks.)
Mr. UDALL of New Mexico. Mr. Chairman, first of all, I thank the
gentleman from New Hampshire (Mr. Bradley) for his hard work on this
important issue and support the amendment today.
This amendment simply postpones the implementation of the Pentagon's
BRAC recommendations until we have a more thorough inventory of our
military assets and priorities. This is entirely appropriate and
necessary, considering the number of operations our Armed Forces are
currently engaged in around the world.
As we have heard, we are at war. I have great concern about the
Pentagon's ability to adequately assess our needs and assets while
there are so many soldiers abroad and while the Pentagon awaits
recommendations and reviews pertaining to almost all of its branches of
service.
My concern about the Pentagon's ability to adequately assess their
needs is further heightened by their recommendation to close Cannon Air
Force Base. This recommendation demonstrates to me that they have
failed to adequately collect and interpret the facts. Cannon Air Force
Base is the home of the 27th Fighter Wing and offers the Air Force and
its pilots unrestricted air space and bombing ranges in which to train
just off the runways. This is a rarity in today's Air Force as more and
more bases experience increasing encroachment. Cannon has zero
encroachment.
In addition, the Pentagon did not take into account the New Mexico
Training Initiative, which is expected to be approved soon. This
initiative would make Cannon's air space wider and taller and allow for
training at supersonic speeds, another rarity today.
If we lose this air space, we lose it forever. I urge my colleagues
to support the Bradley-Herseth amendment.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 2 minutes to the
gentleman from Maine (Mr. Michaud).
Mr. MICHAUD. Mr. Chairman, I rise in strong support of the Bradley
amendment. I do not believe that the Department of Defense's BRAC
recommendations were based on facts and future threats, and I believe
this amendment is critical to ensuring that we understand the security
environment in which we are making BRAC decisions.
The Department of Defense's recommendations continue an irrational
and dangerous assault on New England that would leave it as an
undefended region of our Nation.
{time} 1800
The proposals would close the best performing shipyard in the
country, Portsmouth Naval Shipyard, a facility that actually saves the
Navy money by completing its work ahead of schedule and under budget.
They would realign Brunswick Naval Air Station, the last active
military airfield in the Northeast, despite being described as critical
to our national security by the Department of Defense. And they would
close one of the most cost-efficient and innovative facilities in the
Defense Finance and Accounting Service system located in Limestone,
Maine.
Worst of all, the BRAC Commission and the affected communities do not
even have the detailed information used by the Department of Defense to
formulate their proposal. The delay by DOD in releasing the data to the
BRAC Commission and local communities is an outrage. It calls into
question the credibility of the process. And from reviewing the limited
information that DOD has submitted, it turns out that some of the data
used by DOD is actually inaccurate. BRAC is not an experiment for
testing theories. Once we lose these assets, we cannot bring them back.
Mr. Chairman, our national security is at stake. We must move
cautiously when we use these facts to justify our actions, and we must
allow the critical actions outlined in this amendment to take place to
make sure we understand our future threats before we close any of our
key military assets.
I urge my colleagues to support this amendment.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 1 minute to the
gentleman from New Jersey (Mr. Pallone).
Mr. SNYDER. Mr. Chairman, I yield 1 minute to the gentleman from New
Jersey (Mr. Pallone).
The CHAIRMAN. The gentleman from New Jersey is recognized for 2
minutes.
Mr. PALLONE. Mr. Chairman, let me say that I very much support the
Bradley amendment. At a time when American troops are dying on a daily
basis in Iraq, we simply cannot afford to disrupt the military
framework that our soldiers rely on every day to help them in their
mission and to keep them alive.
I want to say last week I listened to the BRAC hearings and I saw the
commissioners ask many questions related to the fact that our military
are now in combat. The Pentagon could not answer many of the more
important questions that were asked by the BRAC commissioners. This was
not the case in previous BRAC rounds. I have been here since 1988, and
I have now been through three or four BRAC rounds. The fact of the
matter is there were many unanswered questions regarding the future of
our military, and it is simply not the right time to be shutting down
military facilities here at home. If you listened to the BRAC last week
and you listened to the questions, you could see why in fact the
Bradley amendment makes sense.
I want to mention one thing about my base, Fort Monmouth, that was
[[Page H4032]]
mentioned already by the gentleman from New Jersey (Mr. Holt). What
many people do not realize, and I will use Fort Monmouth but it could
be any base, in the case of Fort Monmouth, though, we have people on a
daily basis, soldiers in the field and their commanders that will call
back and ask for a particular type of communications or electronic
equipment that may have to be altered in a matter of days or a number
of weeks in order to be able to be prepared for combat, to defend the
soldier in the field, to make sure that they are not wounded, to make
sure that they are adequately prepared for combat.
Imagine a situation where in the course of the next 2 or 3 years,
that research and development, that operation, that communication,
electronics function, is transferred to another location and all that
science and all that engineering background is lost. It would be very,
very difficult to operate and make sure that that soldier in the field
is properly equipped and is able to deal with that particular situation
that he or she may face on a daily or weekly basis. That is why it does
not make sense to do this in time of war.
Support the Bradley amendment.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 1 minute to the
gentlewoman from Wisconsin (Ms. Moore).
Ms. MOORE of Wisconsin. Mr. Chairman, I would like to associate
myself with the many sage comments of supporters of this amendment. The
gentleman from Colorado has opined that the BRAC Commission would reach
the same conclusion if we were to grant this extension. I really
question that. Since we are at war, we have engaged in two wars since
the BRAC Commission was last considering these bases, we have had many
humanitarian requests for assistance. Our men and women in uniform have
been stretched thin all across this country and throughout the world.
Mr. Chairman, I would ask that we support the Bradley amendment
because I believe that a comprehensive examination of our future
defense needs, our potential threats, have not been adequately
reviewed.
Mr. HEFLEY. Mr. Chairman, I yield 1 minute to the gentlewoman from
New Mexico (Mrs. Wilson).
Mrs. WILSON of New Mexico. Mr. Chairman, I thank the gentleman from
Colorado for yielding me this time. I thank the gentlemen from New
Hampshire and Connecticut for their leadership on this issue.
The Base Realignment and Closure Commission is starting its visit to
America's bases today and many of our communities do not have the data
or the analysis to be able to explain where they are wrong. That is not
fair. We are expanding the Army and the Marine Corps by 39,000 troops
over the next 3 years and bringing back 70,000 troops and their
families from overseas. We are fighting a war 6,000 miles from home and
about to go through a quadrennial defense review to restructure our
forces and changing around the organization of the entire United States
Army. BRAC was a bad idea when we started it, and it is an even worse
idea today.
I encourage my colleagues to vote in favor of the amendment.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 1\1/2\ minutes to
the gentleman from New York (Mr. Crowley).
Mr. CROWLEY. Mr. Chairman, I thank the gentleman from New Hampshire
for yielding me the time and for his leadership here. I thank all of
those who are participating in this evening's debate.
Mr. Chairman, I rise today to speak in strong support of the Bradley/
Simmons/Herseth/Allen amendment to postpone the base realignment and
closure. This amendment will force the Department of Defense to
postpone BRAC for 1 year until more information is out there. I believe
it is imperative to have a real discussion of this issue before the
closures begin.
The amendment would postpone the BRAC recommendations until 1 year
after the last of the following actions occurs: the recommendations of
the Commission to Review of Overseas Military Facility Structure are
implemented by the Secretary of Defense; a substantial number of
American troops return from Iraq as determined by the Secretary of
Defense; the House and Senate Armed Services Committees receive the
quadrennial defense review; the national maritime security strategy is
implemented; and the homeland defense and civil support directive is
implemented.
While I do not have any bases in my district, I recognize the
devastation too many of my colleagues' districts who have bases will
incur by the closure of those bases. In today's environment of job loss
all around the country, many of these towns that depend on the military
bases for their livelihoods will be simply devastated if these bases
were to close. Before the Department of Defense closes bases, they need
to keep in mind what the closure will do to the communities that have
been supportive of our military for many, many years. I urge all of my
colleagues to support this amendment to make sure we have all the facts
before us before this process moves any further forward.
Mr. SNYDER. Mr. Chairman, I yield 3 minutes to the gentleman from
Ohio (Mr. Kucinich).
Mr. KUCINICH. I want to thank the gentleman from Arkansas for
yielding me this time.
Mr. Chairman, I rise in strong support of the Bradley amendment
because my hometown, Cleveland, is losing 1,100 jobs. The Defense
Finance and Accounting Service, DFAS, which is the fourth largest
employer in Cleveland, is shifting these jobs to DFAS facilities in
Columbus; Denver, Colorado; and Indianapolis. The NASA Glenn Research
Center will also lose 50 civilian military research jobs as a part of
BRAC. The Army research laboratory at Glenn is losing the vehicle
technology directorate. And, finally, the Navy Corps Reserve Center in
Cleveland will close and lose 25 jobs.
The Secretary of Defense is required to consider the economic impact
on existing communities in the vicinity of military installations. In
this case, the Department of Defense erroneously states that a 0.1
percent job loss in the Cleveland metropolitan statistical area has
minimal economic impact. However, the Department of Defense failed to
take into account the current economic position of the Cleveland area.
Cleveland has been labeled as the poorest city in the country today.
Its poverty rate of 31.3 percent is the highest in the Nation,
according to the most recent Census Bureau data from 2003. Cleveland's
number one ranking in poverty rate results from the significant job
losses in the steel and manufacturing industries over the past several
decades.
These job losses continue. For example, the current 2006 budget
recently passed by Congress would slash up to 700 high-paying Federal
jobs at the NASA Glenn Research Center. The economy around Cleveland is
stagnating. It is inconceivable that the Department of Defense thinks
that 1,100 more job losses will not have a major impact on the city of
Cleveland.
If the process used to cut these jobs is flawed, I have no choice but
to vote for a fix to disable the BRAC process.
Mr. HEFLEY. Mr. Chairman, I yield 2 minutes to the gentleman from
Georgia (Mr. Gingrey).
Mr. GINGREY. I thank the gentleman for yielding me this time.
Mr. Chairman, I rise today in strong support of the Bradley amendment
that would postpone the BRAC recommendations until 1 year after several
important actions by the Department of Defense occur, including the
recommendations of the Review of Overseas Military Facility Structure
are implemented by the Secretary of Defense and the Armed Services
Committees receive the quadrennial defense review. These are important
and very telling studies that have not yet been completed that will
give us in Congress a much clearer picture of our military's future
landscape and needs.
For example, Mr. Chairman, I just returned a few moments ago from my
district where I had the pleasure of meeting one of the nine BRAC
commissioners as he toured Naval Air Station Atlanta in my district.
While we were there, a comment was made that the commander of the
facility would like to have rolled out the 40-plus planes, Humvees, and
Cobra helicopters on the tarmac for review, but they are all deployed
in the war on terror. Mr. Chairman, the DOD has recommended that these
assets be realigned elsewhere. Yet I am concerned that proper due
[[Page H4033]]
diligence has not been paid to consider the overall force structure
needs of the military, the very purpose of the QDR that will not be
completed for months.
If BRAC is to occur, I believe that it can be carried out in a much
more effective manner once we have a better idea about what the future
holds.
Mr. SNYDER. Mr. Chairman, I yield 1 minute to the gentlewoman from
South Dakota (Ms. Herseth) who is one of the cosponsors of the
gentleman from New Hampshire's amendment.
Ms. HERSETH. I thank the gentleman for yielding me this time.
Mr. Chairman, I would just like to echo the comments made by the
gentleman from Texas (Mr. Paul) a little bit ago. It has been about a
year since I came to Congress to represent South Dakota. This is one of
those instances in which we do have time to do the right thing. We can
take a step back and take a breath and realize that the train has not
left the station and the growing frustration of Members of this body as
you can see from the testimony offered today is about whether or not we
have complete information for us to make wise and prudent decisions and
for the commission to make wise and prudent decisions. And we can learn
from the lessons of what is happening with our overseas Base
Realignment and Closure Commission when they released major conclusions
and recommendations on May 9, only 4 days before the BRAC list was
released.
According to that report ``the detailed synchronization required by
so massive a realignment of forces requires that the pace of events be
slowed and reordered. That is precisely what the Bradley amendment is
requesting to do, an action this body has taken before.
Again, I encourage my colleagues to vote ``yes'' on the Bradley
amendment.
Mr. HEFLEY. Mr. Chairman, I yield 1 minute to the gentleman from
Texas (Mr. Conaway), a member of the committee.
Mr. CONAWAY. I thank the gentleman from Colorado for yielding me this
time and appreciate this opportunity, Mr. Chairman.
I want to speak against the Bradley amendment. Many of my colleagues
have stood at these microphones this afternoon and said it is our
responsibility as Members of this House to perform this function. I
would respectfully disagree with that. No one member of this committee
could speak or vote to close a facility in their district.
{time} 1815
I represent a community that has a base that was not on the list, and
the euphoria of that day would be lost if we have to put that community
back through this process over again.
All of the communities affected have an opportunity to present their
best foot forward through the BRAC Commission's visits. The gentleman
from Georgia has already said he met with one of the members of the
BRAC Commission on that base that was affected today. That process will
go on. Those communities will be able to demonstrate to the Commission
that the criteria were improperly applied to their bases and present
their case for keeping those open.
So I respectfully disagree with the Members who have spoken in favor
of the amendment and ask my colleagues to vote against the Bradley
amendment.
Mr. HEFLEY. Mr. Chairman, I yield myself such time as I may consume.
It will not be much time because we are coming to the end of this. I
just want to say this. I think we have heard some excellent debate here
this afternoon, and the arguments have been very good, mostly in favor
of the Bradley amendment and very positive. And if I thought it was
possible for us to get from here to there in a reasonable manner, as
those who serve on the Committee on Armed Services with me know, I
would be very sympathetic with the Bradley amendment.
The gentleman from New Hampshire (Mr. Bradley) and the gentleman from
Connecticut (Mr. Simmons) and the gentleman from Mississippi (Mr.
Taylor) particularly serve on the Committee on Armed Services. I serve
with these gentlemen on the Committee on Armed Services. They are fine,
decent, hard-working, thoughtful members of the committee that are
valued by, I think, all of their colleagues on that committee.
And I got to thinking about this as we have approached this day, if
anyone could have kept those bases of theirs off the list, they would
have been able to do it because they have that kind of respect. But the
gentleman from Texas made the point that the way the BRAC situation is
set up is to take us out of that formula at this stage and to let the
Department of Defense and then the Commission do their work. Once the
Commission gets started, we can get back into it and do whatever we can
do to do that, but it was designed to take politics out of it.
So the people who try to make a political issue out of someone's base
closing, I think, are making a very bad mistake and are fooling the
American public.
And we see this from both sides going on, rushing to say, oh, my
gosh, if someone else had been there. No, that is not the case. This
should not be a political issue; this should be a national defense
issue. It should be evaluated based upon the need to defend this
country. And we will have disagreements about what is needed and what
is not needed, but that is what it should be based on. It should not be
political.
I commend these gentlemen and all those who have spoken. They did an
excellent job.
But I encourage people, reluctantly, not to support the Bradley
amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. SNYDER. Mr. Chairman, I yield myself such time as I may consume.
I will be brief here. I once again want to commend the gentleman from
New Hampshire (Mr. Bradley) for the work he does on behalf of our
country and on national security. He is a great member of the
committee.
I would like to restate two points. First of all, there is never a
good time to do a round of base closure. The United States cannot say,
let us take a break here for a few years, let us just stop having
conflict, let us let the tension go away so we can all work this out on
our time schedule.
It is not going to work that way. The world has never worked that
way. There is never a good time. This is the time, and the process
needs to move forward.
For those Members who are watching in their offices and who follow
the committee process, the Committee on Armed Services dealt last week
with two different amendments to either eliminate or delay the BRAC
process, and the vote on one was 8 in support, 50 against. The other
one was 10 in support and 47 against.
The committee now recognizes, as has been the gentleman from
Colorado's (Mr. Hefley) metaphor, The horse is out of the barn, and the
opposition to this amendment includes the gentleman from California
(Chairman Hunter) and the gentleman from Missouri (Mr. Skelton), the
ranking member.
With that, I recommend a ``no'' vote on the gentleman from New
Hampshire's (Mr. Bradley) amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield myself such time
as I may consume.
First of all, I would like to commend my colleague from Arkansas and
my colleague from Colorado for the very courteous way in which they
have conducted this debate, allowing those of us who did not have
adequate time to speak to be able to do so tonight.
Mr. Chairman, I believe that we must be very cautious before reducing
our Nation's industrial base capability and base capacity. Many of the
33 bases are irreplaceable national security assets. For instance, the
nuclear license facility in my area, the Portsmouth Naval Shipyard, it
will never be recreated again if closed. The Portsmouth Naval Shipyard
has served our Nation well for 200 years and saves taxpayers millions
and millions of hard-earned dollars while returning our Nation's
nuclear submarines to the water ahead of schedule.
Mr. Chairman, we all know that our Nation is fighting a war on
terror. It began on a fateful morning in September 3\1/2\ years ago.
Let us be careful before we close irreplaceable national security
assets that we will not have the ability to recreate without either
huge expense or local opposition.
This amendment appropriately delays that process, enables our Nation
[[Page H4034]]
to study that process so that we can best defend ourselves from the
threats to our national security.
I urge my colleagues to vote for the Bradley amendment.
Mr. LARSON of Connecticut. Mr. Chairman, I rise today in strong
support of the Bradley amendment to H.R. 1815 to postpone the 2005 Base
Realignment and Closure (BRAC) recommendations until Congress receives
critical reports from the Overseas Basing Commission and the 2005
Quadrennial Defense Review.
Quite simply, this is the wrong process at the wrong time. Even as
100,000 of our men and women are in uniform are serving overseas in the
Middle East and our armed services continue to miss their recruiting
goals, this Administration has rushed forward with a plan that closes
33 major bases across the country. We should not be closing and
consolidating bases and infrastructure here in the states now, when in
another 2 years we may be bringing a significant amount of troops and
equipment back from Europe and other forward deployed locations and we
would have to spend more money again to reopen or recreate space for
them.
Since the Pentagon released their recommendations on May 13, the BRAC
commission has moved swiftly forward with its job. Yet even as BRAC
begins to hold regional hearings and site visits as early as next week,
the Pentagon has yet to release the detailed and facility specific
information that was used to formulate their recommendations.
The BRAC process has the potential to drastically impact communities
surrounding facilities slated for closure or realignment, and it is
vital that this process be as open and opaque as possible. However, if
the department continues to delay the release of this information,
these same communities will be unable to asses or challenge the
Pentagon's recommendations in the limited time they have remaining.
Anyone familiar with the 103rd Fighter Wing at Bradley, the Sub base
in New London, and the assets both bring to our national defense are at
a loss to explain these recommendations. The 103rd calls home an
international airport with the capability and resources to host a range
of aircraft, large and small--including Air Force One. Yet, the
Pentagon apparently deemed Bradley unable to retain their current
aircraft or take on more. In New London, one finds incredible and
dynamic synergy between the base, the Sub School and an industrial base
capable of manufacturing and repairing today's most advanced vessels.
Yet, the birthplace of the modem submarine service was unable to garner
enough military value points in the Pentagon's review to stay off the
BRAC list.
Were other options explored? How did each score in critical
evaluation areas? Did the Pentagon accurately asses both bases and
their capabilities? Will leaving the state, like several others,
without a flying unit affect recruiting and retention for the Air
National Guard? These are all questions that hold the key to the future
of the ``Flying Yankees'' and the Sub base--questions that cannot be
answered until the Pentagon levels with us and countless other bases
around the country facing the same delay.
I sincerely hope that there is no agenda behind this delay. But the
clock is ticking and deadlines are fast approaching. Next week, four
commissioners will visit the New London Submarine base without ever
seeing the facility specific data that led to its recommended closure.
And, in little over a month, Connecticut will have the opportunity to
present its rebuttal to the recommendations to the commission. The
submariners, airmen and communities affected deserve the most thorough
and extensive review possible because once these recommendations are
implemented, they can never be undone.
There is no doubt that Connecticut was hit hard by BRAC, but this is
not a political or parochial issue. This is an issue of ensuring the
best possible defense of our Nation, and the best possible resources
for our men and women in uniform. But neither this Congress, nor the
BRAC Commissioners, can make a judicious and thoughtful review of these
recommendations with the lack of data and shortened timeframe we now
face.
In 2002 I voted in the Armed Services Committee to repeal the BRAC
process outright, and again in 2003 to postpone it for 2 more years,
because I have felt all along that the process had serious flaws.
However, there is still time to put on the brakes before we reach the
point of no return. That time is now. I urge my colleagues to support
this amendment.
Mrs. JONES of Ohio. Mr. Chairman, I thank my colleagues on both sides
of the isle for their leadership on this issue and I rise in support of
the Bradley/Simmons/Herseth/Allen amendment to the National Defense
Authorization Bill.
Mr. Chairman, why are we proposing base closures during a time of
war? This BRAC round should be delayed until the recommendations of the
Review of Overseas Military Facility Structure are implemented by the
Secretary of Defense, a substantial number of American troops return
from Iraq, the House and Senate Armed Services Committees receive the
quadrennial defense review, the National Maritime Security Strategy is
implemented, and the Homeland Defense and Civil Support directive is
implemented. It is important that these issues be addressed before
implementing the BRAC process because once a base is closed, it can
never be reopened.
In the 11th Congressional District and in Northeast Ohio, over 1100
jobs will be lost through the BRAC process. These job losses will have
a tremendous economic impact on the City of Cleveland, which has been
named ``The Most Impoverished City'' in the country. Now is simply not
the time for BRAC; in Cleveland or around the country.
Communities affected by the BRAC process are going to be hit with a
double whammy--once when the base closes and the military leaves town,
then again when the Defense Department leaves an environmental mess
behind: unexploded bombs, chemical contamination, and environmental
toxins.
I believe we need to address the environmental and redevelopment
issues pending from previous rounds before initiating another round of
BRAC closings. According to the General Accountability Office, 28
percent of the bases closed in previous BRAC rounds have still not been
transferred, which means about 219 square miles of property are sitting
unused.
Mr. Chairman, I realize the importance of the BRAC process, however,
now is simply not the time for it. I commend my Colleagues Stephanie
Herseth and John Thune for introducing legislation to address this
issue. I support this amendment.
Mr. HOLT. Mr. Chairman, I rise today in strong support of the
amendment to the Fiscal Year 2006 Defense Authorization bill offered by
the gentleman from New Hampshire, Mr. Bradley. Like my friend from New
Hampshire, I believe that the current BRAC round should be delayed and
the process re-evaluated. Let me explain why.
At the BRAC hearing on May 4, BRAC Commission Chairman Anthony
Principi and several other Commissioners asked Defense Department
witnesses whether they had taken into account the need to house troops
returning from Europe and other overseas locations as part of the BRAC
evaluation. The Pentagon's witnesses assured the Commission that, yes,
the department had indeed factored the returning troops into the
equation, and that the proposed BRAC list would reflect those planning
assumptions.
The next day--the very next day--Mr. Al Cornella, Chairman of the
Overseas Basing Commission, issued a statement in which he said in
part:
Our review leads us to conclude that the timing and
synchronization of such a massive realignment of forces...
requires that the proposed pace of events for our overseas
basing posture be slowed and re-ordered. Such a step is of
paramount importance in addressing quality of life issues for
70,000 returning American military personnel plus their
families. Schools, health care and housing need to be in
place at domestic receiving bases on the first day troops and
their families arrive home.
Mr. Cornella went on to note that ``The interagency process has not
been fully used in the development of the Department's plan'' and that
``The Commission notes there has been almost no public discussion of
this multi-billion dollar process that affects the security of every
American.''
In other words, DoD had failed to truly factor in the return of
American forces from overseas into the BRAC equation . . . and the
Overseas Basing Commission isn't the only independent body to question
the Pentagon's BRAC criteria.
On May 3, the Government Accountability Office issued a report on the
methodology used by the Pentagon in the BRAC process that states the
Defense Department ``did not fully consider the impact of force
structure changes underway and the planned restationing of thousands of
forces from overseas bases.''
Mr. Chairman, we know the day is coming--and I pray that it's sooner
rather than later--that those serving in Iraq and Afghanistan will be
coming home. The Overseas Basing Commission and GAO are warning DoD and
the Congress that we must ensure that any changes in our domestic
basing structure do not leave these troops and their families with no
place to call home. That's reason enough to delay the current BRAC
round, but there are others.
The Defense Department will not submit its report on the Quadrennial
Defense Review--the QDR, as it's known, is the Department's method of
examining of America's defense needs from 1997 to 2015--until at least
the first quarter of 2006, after the current BRAC round has run its
course. Several BRAC Commissioners have questioned the wisdom of
[[Page H4035]]
proceeding with the current BRAC round before the QDR report has been
delivered to Congress. I would argue, as others have, that this is
another example of putting the proverbial cart before the horse. How
can DoD restructure its forces for the future--including its domestic
and overseas bases--when its primary blueprint for the future is still
a work in progress?
For my part, I've also discovered a BRAC-related planning issue that
the Pentagon does not appear to have addressed. Nowhere in the hundreds
of pages of BRAC reports that DoD has thus far made public will you
find a single reference to the difficulty in getting properly qualified
scientists and engineers the security clearances they need in a timely
fashion.
Why is this important? At the May 18 BRAC hearing on the Army's
portion of the proposed BRAC list, Army Secretary Francis Harvey said,
``I won't sit here and tell you that we expect all the people from Fort
Monmouth to move to Aberdeen Proving Ground . . . I won't sit here and
tell you that that's not a concern.'' Mr. Speaker, the bottom line is
that the vast majority of the skilled scientists and engineers who have
current security clearances won't move to Aberdeen Proving Ground or
anywhere else. Their lives, their families, their research centers are
all in New Jersey--and we can say the same thing about any other
community with a military installation that employs a large number of
skilled civilian specialists with security clearances anywhere in the
country.
Every day at Ft. Monmouth, the talented engineers, scientists and
technicians--working in secrecy--are providing the latest intelligence
and communications technologies to our troops in the field, including
the roadside bomb jammers that have become so very important in our
struggle against the insurgents in Iraq. If we allow the Pentagon to
play the BRAC equivalent of musical chairs with our critical research
and development assets in wartime, we will lose thousands of skilled,
trained, and cleared intelligence and communications specialists that
we will not be able to replace for years. That's an unacceptable risk
in wartime, Mr. Speaker, and for that reason and the other, strategic
reasons cited by the Overseas Basing Commission and GAO, we need to
terminate the current BRAC round. Let's restructure our military for
the 21st century, but let's do it right, and minimize the risk to our
warfighters in Iraq and Afghanistan. Again, I urge adoption of the
Bradley amendment.
Mr. DELAHUNT. Mr. Chairman, I rise today in support of the amendment.
Since the BRAC list was announced, many of my constituents have been
asking the same question. Did the Pentagon, did the White House, take
into account the homeland security implications of closing military
bases?
The honest answer is that it doesn't appear so. In fact, it doesn't
appear that anyone is obligated to consider the homeland security
implications of these base closings.
On September 11, 2001, fighter jets from the 102nd Fighter Wing of
the Otis Air Force Base on Cape Cod, Massachusetts, were the first
military presence to arrive on the scene in New York City.
Just last week, the Air Wing escorted an Al Italia flight to Bangor,
Maine, after it was discovered that a passenger on board was on the no-
fly list.
Yet, Otis is slated for closure on the BRAC list.
It takes nine minutes for the fighters on Cape Cod to reach New York
City. Nine minutes because they can take off and land in totally
unrestricted air space. The same can't be said of Atlantic City--where
some of the planes may be reassigned.
We shouldn't have to ask commercial air traffic to back off so we can
scramble our own planes to defend us.
Contrary to the prevailing logic at the Pentagon, national defense
and homeland security are not conflicting priorities--they go hand in
hand. Many of these bases--like Otis--complement the defense of our
homeland.
I urge the adoption of this amendment.
Mr. ORTIZ. Mr. Chairman, I rise in support of the amendment by the
gentleman from New Hampshire, Mr. Bradley and join him in his concerns
about conducting a BRAC right now.
There are a number of concerns that I have about conducting base
closures during a time of war, and without the benefit of global
forethought.
I have spoken to the need for this Nation to be more focused and more
careful about how we proceed.
We are conducting a global war.
We are closing bases overseas.
We are just one year out from our QDR to establish our global
strategic footprint.
It is folly to proceed with domestic base closures while we are at
war and unclear of our global military presence.
It is akin to replacing a hot engine in a flying plane--we ought not
do it.
Ms. SLAUGHTER. Mr. Chairman, I rise in strong support of the Bradley
amendment. We are a nation at war and now is not the time to be closing
American military bases.
In formulating the BRAC list, Secretary Rumsfeld ignored the base-
closure criteria that Congress approved. Just yesterday, an Air Force
BRAC spokesman admitted that the extensive criterion used to evaluate
the strategic military value of each base was not adhered to by the
Pentagon. Instead, the Base Closure Executive Group used their
``collective judgment'' to recommend closure for bases that had higher
rankings--such as the Niagara Falls Air Reserve Station--than many
others which were kept off the list.
This amendment would let the DoD know that a group's ``collective
judgment'' is not good enough. Secretary Rumsfeld better have some
stronger arguments than ``collective judgment,'' because his proposed
BRAC list would cripple Guard and Reserve recruitment and weaken our
homeland defense.
By passing this amendment, Congress would recognize that the DoD's
base closure recommendations were budget-driven and did not take into
account the military's long-term needs. I urge a ``yes'' vote on the
Bradley amendment.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield back the balance
of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from New Hampshire (Mr. Bradley).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Mr. BRADLEY of New Hampshire. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentleman from New Hampshire (Mr.
Bradley) will be postponed.
It is now in order to consider amendment No. 26 printed in House
Report 109-96.
Amendment No. 26 Offered by Ms. Woolsey
Ms. WOOLSEY. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 26 Offered by Ms. Woolsey:
At the end of title XII (page 427, after line 11), insert
the following new section:
SEC. 1223. WITHDRAWAL OF UNITED STATES ARMED FORCES FROM
IRAQ.
It is the sense of Congress that the President should--
(1) develop a plan as soon as practicable after the date of
the enactment of this Act to provide for the withdrawal of
United States Armed Forces from Iraq; and
(2) transmit to the congressional defense committees a
report that contains the plan described in paragraph (1).
The CHAIRMAN. Pursuant to House Resolution 293, the gentlewoman from
California (Ms. Woolsey) and the gentleman from California (Mr. Hunter)
each will control 15 minutes.
The Chair recognizes the gentlewoman from California (Ms. Woolsey).
Ms. WOOLSEY. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I thank the members of the Committee on Rules for
making this important amendment in order. It has been a long time
coming for Congress to discuss this war in Iraq and how we will plan to
end the terrible suffering it is causing our troops, their families,
and the Iraqi people.
First and foremost, I honor and I support the brave men and women who
are serving our country in Iraq, and I believe that the best way to
support them is to establish a plan to bring them home.
In just over 2 years of war, more than 1,600 American soldiers and an
estimated 25,000 Iraqi civilians have been killed. The number of
American wounded, according to the Pentagon, is greater than 12,000,
and that does not even count the invisible mental wounds they are
bringing home, afflicting tens of thousands of our soldiers.
And, of course, with more than $200 billion on the line, do the
Members not think that the American people deserve to know what the
President plans to do in Iraq?
I also honor the many voters who risked their lives to ``give Iraq
back to the Iraqi people.'' But our continued presence in Iraq after
the election has caused America to be seen by the Iraqi people as an
occupying power, not as a liberating force. Our continued presence in
Iraq works against efforts for democracy, provides a rallying point for
angry insurgents, and ultimately makes the United States less safe.
My amendment expresses the Sense of the Congress that the President
[[Page H4036]]
must develop a plan to bring our troops home and that he must submit
this plan to the appropriate committees in Congress. We can truly
support our troops by bringing them home.
At the same time, withdrawing U.S. troops must not result in
abandoning a country that has been devastated. We must assist Iraq, not
through our military but through international humanitarian efforts to
rebuild their war-torn economic and physical infrastructure. We need to
defend America by relying on the very best of American values, our
commitment to peace and freedom, our compassion for the people of the
world, and our capacity for multilateral leadership.
Mr. Chairman, Congress must support our troops, and we must begin the
difficult recovery process from a long and destructive war. But first,
the President must create a plan to bring our troops home. Our troops
deserve nothing less.
Mr. Chairman, I reserve the balance of my time.
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in strong opposition to the gentlewoman's
amendment.
Make no mistake about it. This amendment is a message-sender. It is a
message-sender to people like Al Sadr who are considering even now
continuing to foment rebellion against the elected government in Iraq.
It is a message-sender to Zarqawi and his followers, who think that
perhaps the United States does not have the stomach to continue to
oppose them. It is a message-sender to our troops, who might, in seeing
if this amendment should pass, feel that the resolve of the American
people is fading away.
This is precisely the kind of a message we do not want to send to
friend and foe alike, and certainly not to the 140,000 Americans
serving presently in Iraq, who feel that the country is strongly behind
them.
Mr. Chairman, I yield 3 minutes to the gentleman from Kentucky (Mr.
Davis).
Mr. DAVIS of Kentucky. Mr. Chairman, I speak not simply as a Member
of Congress, but as a former enlisted soldier and military officer.
I find myself somewhat dismayed that we have to spend time here today
debating an amendment that would tell our enemies when our forces are
going to withdraw from Iraq. This amendment is tantamount to posting a
billboard saying, ``We will be gone by 5 o'clock Friday. If you wait
until 6 o'clock, you can perform a murderous rampage through this
growing democracy and terrify and intimidate the people back into
living under a despotic regime.''
I respect the gentlewoman's passionate declarations regarding
tolerance, diversity, and the rights of women, all of which would be
ruthlessly, violently, and murderously suppressed if we were to leave
at this time, something I am sure she would not want to see happen.
Some might argue that this amendment does not set a timetable, but
rather states that Congress just wants to see a plan. The amendment,
some would argue, is innocuous. I cannot stress enough how damaging
this amendment would be, if it passes, to our troops, to our national
security, and also to the Iraqi democracy.
Our troops in the field look to us for strength and solid, confident,
unwavering leadership. If this passes, they would instead see a
government that does not possess the fortitude to hold the course and
finish the job. If this passes, their families would see a Congress
that cares more for timelines and wordy resolutions than it does for
the safety of their loved ones.
We also need to understand how others will see this around the world.
If this passes, the Iraqis, who every day put their lives on the line
to form security forces and battle terrorists in their streets and in
their neighborhoods, would see a military that is not committed to
training them to defend themselves. They would see an America that
broke its promise to walk with them to democracy and independence.
If this passes, the world would see a country that takes no pride in
its role in establishing a free Iraq, one that confirms the lies of the
terrorists that we are weak and lack the fortitude and resolve to
finish this mission.
Are we going to let less than 1 percent of the Iraqi population
dictate our course and the course of the Iraqi people? I say no. Our
enemies would stand up if this passes and cheer the moment it is passed
because they would know that we will desert the Iraqi people who have
invested their blood to defeat.
Mr. Chairman, we will not abandon a people who have so willingly
given of themselves for the dream that we can help them achieve.
Mohandas Gandhi said, ``The spirit of democracy cannot be imposed from
without. It has to come from within.'' The people have democracy in
their hearts. They can feel it within their grasp. They can look up and
see it shining near them. We just have to stand and give them a hand to
reach for it.
It is all the more distressing to me that we would consider this
amendment so close to Memorial Day, a day when we honor the courage and
the valor of our veterans, especially those who gave the ultimate
sacrifice. We can all sleep better at night because of the blood shed
by ordinary heroes who believe their government supported them and
believe they were doing the right thing.
{time} 1830
I recently spent 3 days visiting with numerous units of the United
States Special Operations Command. Their valor, their commitment to
protecting our freedom is insulted by bringing forth this amendment so
close to Memorial Day.
I ask my colleague to join me in opposing this amendment in honor of
those who have gone before us and in honor of those whose names we do
not yet know, but will learn as we read of their sacrifice.
Let our foes understand one thing. Our exit strategy from Iraq is
simply this: winning the war on terror. We must hold firm to the course
and be resolved in our determination to win this fight.
I ask my colleagues on the other side of the aisle to stand with us
today and reaffirm our commitment to our troops, to their families, to
our country, to the Iraqis and to our enemies that we will not retreat
in the face of this evil.
Ms. WOOLSEY. Mr. Chairman, I am proud to yield 2\1/2\ minutes to the
gentleman from North Carolina (Mr. Jones).
Mr. JONES of North Carolina. Mr. Chairman, I want to thank the
gentlewoman for yielding me this time.
Mr. Chairman, I want to say to my side, my leader on the Committee on
Armed Services who I have great respect for, this is not about our
troops. This is about a policy, that I believed when I voted 2 years
ago to commit the troops that I was making my decision on facts. Since
that time, I have been very disappointed in what I have learned about
the justification for going into Iraq. Afghanistan, absolutely. We
should be there. We should probably have more troops. But we cannot
have more troops when they are in Iraq.
Mr. Chairman, with regard to this effort by the gentlewoman from
California, we have never voted one time together, not one time in the
11 years I have been here. But, Mr. Chairman, I have beside me a
picture of a young man whose name is Tyler Jordan. His daddy was a
gunny sergeant killed two years ago, Phillip Jordan. He has under his
arm the flag that was over the coffin.
To my left are just a few faces of those who have died for this
country. They died doing what they thought was right for America, and
God bless them.
But all this amendment does is just say that it is time for the
Congress to meet its responsibility. The responsibility of Congress is
to make decisions whether we should send our men and women to war or
not send them to war. What we are saying here tonight is we think it is
time for the Congress to begin, to start the debate and discussion of
what the exit strategy is of this government, whether it be 2 years
down the road, 3 years down the road, or 1 year.
Mr. Chairman, what I am saying tonight is we have a responsibility.
We should not be into some endless, endless war in Iraq, when we have
so many other countries that we need to be watching much more carefully
than Iraq. So I hope that this resolution passes and we can start
meeting our responsibilities of discussing the policy for America.
[[Page H4037]]
Mr. HUNTER. Mr. Chairman, I yield 2 minutes to the gentlewoman from
Michigan (Mrs. Miller)
Mrs. MILLER of Michigan. Mr. Chairman, I thank our great chairman of
the Committee on Armed Services for yielding.
Mr. Chairman, I would urge all of my colleagues to oppose this
amendment because it is totally unnecessary. In fact, no one who has
ever studied at a war college, no one who is a combat commander, no
military strategist, no one who really wants to achieve victory, would
ever support what this amendment is asking those of us in the House to
support here today. Besides, we already have a timetable for withdrawal
from Iraq, and that is when we have achieved victory, that is when we
have helped to deliver freedom to the Iraqi people, and that is when we
have secured a foothold for liberty in the Middle East.
My question is this: Did we ask General Eisenhower for a plan for the
withdrawal of the forces from Europe before the war was won? Of course
not. And I would ask this: Did we ask General McArthur for a plan for
withdrawal in the Pacific before the war was won? Of course not.
Mr. Chairman, it makes no sense to telegraph our plans to the enemy.
In fact, that would be an incredibly dangerous thing for us to do. But
our enemies should know this: America will not cut and run. And to the
Iraqi people, I would say this: liberty, democracy and freedom are
coming, and the men and women of the American Armed Forces, God bless
them, will help you achieve all of them.
Ms. WOOLSEY. Mr. Chairman, I yield 1 minute to the gentleman from
Massachusetts (Mr. McGovern).
Mr. McGOVERN. Mr. Chairman, I rise in support of this amendment. This
is a very modest amendment. As a sense of Congress provision, it is a
recommendation from Congress, not a requirement. It sets no date by
when the President must present a plan to Congress, just as soon as it
is practicable. I cannot imagine why anyone would oppose this language.
Currently, we have close to 140,000 uniformed men and women in Iraq.
No matter where you stand on the question of Iraq, we owe it to these
courageous men and women, and to their families, to let them know when
and how we will bring them home to stay.
Mr. Chairman, it is easy to start a war; but it is hard to get out of
one. It is easy to go along and accept the military occupation. It is a
lot harder to take an honest look at where we are now and determine
when and how we are going to get out. But that is what we need to do,
and we need to do it now.
As a Congress, we should be ashamed that we have not demanded such a
report from the President. This is the least we can do, to suggest that
he send one.
There has been no accountability with regard to this war, and this
Congress has been all too content to just go along with an open-ended
occupation. It is time we change that complacency. It is time we do our
job. Support the Woolsey amendment.
Mr. HUNTER. Mr. Chairman, I yield 2\3/4\ minutes to the gentleman
from Texas (Mr. Conaway).
Mr. CONAWAY. Mr. Chairman, I thank the chairman of the Committee on
Armed Services for yielding me time.
Mr. Chairman, I would speak today in strong opposition to this
amendment of my colleague from California. First, let me say that I
certainly understand their concern about the safety and well-being of
our dedicated men and women of our Armed Forces who are currently
deployed in Iraq. I, too, look forward to their safe and expeditious
return home to the United States and to their loved ones.
However, I cannot support this amendment, as I believe it sends
exactly the wrong message concerning our current commitment in Iraq and
gives aid and comfort to those who oppose us.
Mr. Chairman, I am concerned that passing this amendment will send a
clear signal to the insurgents in Iraq that Congress, and by extension
the United States, is wavering in our commitment to their defeat. Doing
so would create the impression that their terrorist tactics are working
and that a U.S. withdrawal from the region is imminent.
The last thing we want to do is create a new burst of enthusiasm for
the misguided causes championed by the insurgents and al Qaeda.
Establishing a plan for withdrawal would give those groups the hope
that they are wearing down our resolve when, instead, we need to be
clear in our commitment to defeating the insurgents in Iraq.
Further, I believe that this amendment would serve only to discourage
those Iraqi citizens who are dedicated to building a stable and secure
democracy and defending it against terrorist factions. The coalition
forces involved in the Multinational Security Transition Command in
Iraq are working hard to build and train a competent Iraqi security
force capable of defending their government and aiding the transition
to democracy. Thus far, they have demonstrated initial success, as
evidenced by the ISF's role in securing polling locations during the
January elections.
It is imperative that we continue to mirror their commitment and
remain dedicated to the stabilization efforts as they work toward the
ultimate goal of a free and democratic Iraq. This amendment would, in
my opinion, undermine the Iraqis' confidence in our continuing support.
Mr. Chairman, I think it is important to stress that we in Congress,
in addition to the President and the Department of Defense leadership,
do not want to maintain a U.S. military presence in Iraq one day longer
than is necessary. Clearly, the goal is to bring our troops home as
quickly and as efficiently as possible. However, we cannot do so until
we succeed in enabling the Iraqis to defend themselves, secure their
borders, and ensure the success of this new democracy.
We agree there are certain milestones that must be met before we can
in good conscience withdraw our forces from Iraq. It is not prudent to
set an arbitrary date or timeline about which we can only speculate.
While my colleague's amendment does not specify specifically a required
date or timeline, I believe any formal plan would be misinterpreted and
would send the wrong message.
As the President has stated, ``It is inappropriate to put a specific
timeline on the ultimate goal of ensuring that the Iraqi people can
take care of themselves, protect themselves and provide for their
fellow citizens.''
Mr. Chairman, I urge my colleagues to vote against this amendment and
send a message to the Iraqi forces and the Iraqi people, as well as to
the insurgent groups, that the U.S. Congress and, by extension, the
United States of America, is fully committed to the establishment of a
stable and secure democracy in Iraq.
Ms. WOOLSEY. Mr. Chairman, I yield 2 minutes to the gentleman from
Ohio (Mr. Kucinich).
Mr. KUCINICH. Mr. Chairman, I thank the gentlewoman from California
for yielding me time.
The reason I am rising to support her amendment is because I think
that we have come to a time in the war in Iraq where Democrats and
Republicans alike need to consider all the events that have transpired,
to do it in a way that is compassionate for the decisions that were
made to send us into war, and to do it without recriminations, without
challenging each other's integrity, without challenging each other's
love for our country or support for the troops.
Democrats and Republicans came together to send this country to war.
We can only come together to take this country out of Iraq. You start
to see the signs that make it so apparent that the time is near. The
time is near when this Congress must consider the reality facing our
troops, the reality of the circumstances which sent our troops into
battle. And we need to do this as colleagues who may have started from
different points of view on Iraq. I certainly have a different point of
view. I voted against the war. But now we are starting to see people
who voted for the war coming forward and expressing their concerns.
We have to have that capacity for rational reflection and an ability,
not to say so much that we were wrong, but to say we have new
information and we therefore have a right to reappraise the situation
and take a new direction. The Woolsey amendment gives us a chance to do
that, and it sets us on a path.
So whether it is the Woolsey amendment or something that happens in
the
[[Page H4038]]
next few weeks and months, Democrats and Republicans are going to have
to come together to help the President get out of the mess that this
country is in.
So I think we can proceed in a spirit that is amicable. We do not
have to be beating each other up on this. We do not have to have a war
about war, or certainly a war about a peaceful withdrawal.
So the Woolsey amendment is an important step in the direction of
setting this country on a path towards extricating ourself from Iraq.
For that reason, I support it, and I want to commend her for her
activity on behalf of it.
Mr. HUNTER. Mr. Chairman, I yield 4 minutes to the gentleman from
Indiana (Mr. Buyer), a veteran of Desert Storm and the chairman of the
Committee on Veterans' Affairs.
Mr. BUYER. Mr. Chairman, I thank the gentleman for yielding me time.
Mr. Chairman, I rise in opposition to this amendment because of its
timing. It is wonderful to talk about an exit strategy, if in fact it
was timely to do so. But I oppose the timing of this conversation and
debate.
As a Nation and society committed to freedom and democratic
principles and peace, I believe this amendment at this time would
undermine our core values and the mentorship that we are having with a
new, free country.
When the President declared the global war on terrorism and Congress
authorized the use of force in Iraq, the United States made a
significant investment in world peace. Like any sound investment, our
investment in peace is subject to volatility and outside influences.
The forces of evil that oppose the U.S. liberation of Iraq are the same
forces in Iraq that want to suppress women and children, kill innocent
people, attack schools, hospitals and religious institutions.
Asking for an exit strategy for U.S. forces at this time is
essentially calling it quits, and that is not the America I know. I
believe that peace and freedom are inextricable and inseparable.
Forsaking the Iraqi people in their hour of need is counter to the
fabric of this great Nation.
As a newly established free society, the Iraqi people are in their
infancy of establishing the rule of law. Like the birth of any nation,
there will be growing pains and unpleasant and tragic events. But let
us be very clear: it has been the United States and our coalition
partners that have given the Iraqi people hope.
So this debate with regard to setting an exit strategy or a timetable
for withdrawal, again, is not timely. It would be arbitrary. It is the
mission that determines the exit strategy.
Mr. Chairman, the debate we are having here really is not too much
different from the debate we had during the Balkans, at the time when
President Clinton, to his credit, brought the guns to silence. But what
he said was, ``I want to commit U.S. ground troops for only 1 year.''
{time} 1845
The Republicans immediately said, But, Mr. President, that is not an
exit strategy. You cannot say we will only send the troops for 1 year,
because it is the mission that will determine the exit. The exit then
was determined in the civil implementation of the Dayton Accords by
creating benchmarks for the success of the implementation of Dayton.
So it is the mission with regard to stable civil institutions in
achieving benchmarks of that free society in Iraq that will determine
the exit strategy. The stabilizing of Iraq is extremely important. The
training of their security forces is extremely important. And I assure
my friends that the more that the insurgents attack security forces and
police forces in Iraq, mosques, schools, innocent people within Iraq,
it builds the esprit of the Iraqi people themselves, who are a very
proud people, that they want to take these insurgents who are not of
their land, not of their people and expel them from their land. I
assure my colleagues that they equally, at that moment in time, will be
just as eager for us to come home.
So it is the mission that will determine the exit strategy. This
amendment, while worthy and noble in its cause, is just not timely and,
therefore, I will oppose the amendment.
Ms. WOOLSEY. Mr. Chairman, I yield 1 minute to the gentleman from
Michigan (Mr. Conyers).
Mr. CONYERS. Mr. Chairman, what a great day this is. After 73 times
on the floor, the gentlewoman from California (Ms. Woolsey) now has an
amendment to discuss a plan to develop a plan as soon as practicable to
provide for the withdrawal of the United States Armed Forces from Iraq.
Here are Members of the House of Representatives who are, if we look at
Article I, Section 8, the only ones that can declare war under this
great Constitution, saying, We do not even want to talk about a plan.
Well, I say to my colleagues, the President of the United States has
already said that America does not plan an indefinite occupation of
Iraq, and neither do the independent Iraqi people. So what we want our
colleagues to understand is that Congress can talk about this. Please,
summon up your courage. That is your job. That is why we are here.
Mr. HUNTER. Mr. Chairman, I yield 2 minutes to the gentleman from San
Diego, California (Mr. Cunningham).
Mr. CUNNINGHAM. Mr. Chairman, summon up my courage? I do not think I
have to question anybody to summon up my courage. I am a combat
veteran, I was shot down in Vietnam, I was shot, and you do not tell
the enemy what you are going to do, because you put those people at
risk.
Mr. Chairman, it is interesting that as a combat veteran, I spoke to
literally thousands of other combat veterans, and it is amazing the
differences of their opinions versus liberal politicians.
Our kids over there are proud of what they do. Yes, I want them back.
I wanted to get out of Vietnam just like anybody else, but I did not
want to leave before the job was done. I do not want the over 1,700 men
and women that have died in Iraq to die for nothing. And if we go ahead
and tell the enemy what we are going to do, we put those kids at risk.
I just think it is wrong. From my experience in the military of 20
years, it is wrong, what the gentlewoman is trying to do. She has good
intentions. But I will tell my colleagues that if we let folks know
what we are going to do, I say to the gentlewoman, it is going to put
those men and women at risk, and I think it is wrong.
I urge opposition to this amendment.
Ms. WOOLSEY. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from New Jersey (Mr. Payne).
(Mr. PAYNE asked and was given permission to revise and extend his
remarks.)
Mr. PAYNE. Mr. Chairman, as a cosponsor of the Woolsey amendment
calling on the President to develop and implement a plan to begin the
withdrawal of U.S. troops from Iraq and to take other steps to provide
the Iraqi people with the opportunity to control their internal
affairs, I rise in support of this amendment.
Mr. Chairman, although I strongly opposed the preemptive war in Iraq,
which the administration promoted based on false information and which
has resulted in tragic loss of American and Iraqi lives, I would have
supported as many troops as necessary in Afghanistan where our enemy,
Osama bin Laden, was.
I do not believe that it would be fair to abandon the Iraqi people at
this juncture. So, therefore, we should look towards having the United
Nations create an international peacekeeping force to keep Iraq secure.
I would also like to take this opportunity, though, to commend a
group of activists in my congressional district who are lending their
voices to the important debate about our future in Iraq. South Mountain
Peace Action, representing residents of Maplewood and South Orange, New
Jersey, are strongly committed to seeking an international solution,
led by the United Nations, and a rapid return of U.S. soldiers. Nearly
80 percent of Maplewood and South Orange voters and 52 percent of New
Jersey voters voiced their agreement that President Bush's war in Iraq
is the wrong war at the wrong time in the wrong place.
The war has already exacted a heavy price. More than 1,600 American
lives have been lost and over 10,000 servicemen and women have been
wounded. More than 100,000 Iraqi civilians have lost their lives, and
$210 billion have been spent.
I urge support of the Woolsey amendment.
[[Page H4039]]
Mr. HUNTER. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman
from Michigan (Mr. Schwarz).
Mr. SCHWARZ of Michigan. Mr. Chairman, I rise in opposition to the
Woolsey amendment.
As a veteran of two tours of duty in Vietnam, I do not think it is
appropriate to pull the forces out. The Iraqis want us to stay until
the government takes on its full mission. Creating a timetable for
withdrawal would hand the military initiative over to the insurgents
and undermine the Iraqi Government to draft a constitution and prepare
for a constitutional government.
As Generals Myers, Pace, and Abizaid have reminded us, the enemy gets
a vote on how the war is fought. Iraqi-U.S. coalition forces need
flexibility to respond to any enemy offensive which a benchmark-based
plan for withdrawal would absolutely preclude.
I believe the amendment is well-intentioned, but the President, the
Secretary of Defense, General Abizaid and the democratically elected
Government of Iraq agree that it would not be in U.S. or Iraqi
interests for the U.S. to remain in Iraq any longer than the government
wants us there, but they are committed to reducing the U.S. presence
only when that U.S. presence can safely be reduced and no sooner.
Vote ``no'' on this amendment.
Ms. WOOLSEY. Mr. Chairman, I yield 1 minute to the gentleman from
Washington State (Mr. McDermott).
(Mr. McDERMOTT asked and was given permission to revise and extend
his remarks.)
Mr. McDERMOTT. Mr. Chairman, Monday's Guardian's editorial line was,
``U.S. Military to Build Four Giant New Bases in Iraq.''
The violence in Iraq has never been greater. That is not what winning
looks like to me.
The President's strategy is to re-create the Old West: Build four
forts capable of withstanding mortar rounds. With the death toll and
casualties mounting, the President's best idea is to keep U.S. soldiers
in the midst of uncontrollable, horrific violence.
This administration has put this Nation and our generals in a no-win
situation. We have been there before in Vietnam, and we vowed never to
let it happen again. But this administration has frayed the military,
keeping soldiers in the target zone without enough armor to protect
them and without a plan to bring them home.
Colonel David Hackworth died about 2 weeks ago, a highly decorated
combat veteran of the Vietnam War, eight Purple Hearts, a soldier's
soldier who recently died, said we will be in Iraq for 30 years, 30
years. Colonel Hackworth was a man who saw the battlefield and could
see the folly of the Iraq war.
The American people know the truth. The President misled this country
into war, and it is time to get out.
[From the Guardian, Monday, May 23, 2005]
U.S. Military To Build Four Giant New Bases in Iraq
(By Michael Howard in Baghdad)
U.S. military commanders are planning to pull back their
troops from Iraq's towns and cities and redeploy them in four
giant bases in a strategy they say is a prelude to eventual
withdrawal.
The plan, details of which emerged at the weekend, also
foresees a transfer to Iraqi command of more than 100 bases
that have been occupied by U.S.-led multinational forces
since the invasion of Iraq in March 2003.
However, the decision to invest in the bases, which will
require the construction of more permanent structures such as
blast-proof barracks and offices, is seen by some as a sign
that the U.S. expects to keep a permanent presence in Iraq.
Politicians opposed to a long-term U.S. presence on Iraqi
soil questioned the plan.
``They appear to settling in a for the long run, and that
will only give fuel for the terrorists,'' said a spokesman
for the mainstream Sunni Iraqi Islamic party.
A senior U.S. official in Baghdad said yesterday: ``It has
always been a main plank of our exit strategy to withdraw
from the urban areas as and when Iraqi forces are trained up
and able to take the strain. It is much better for all
concerned that Iraqis police themselves.''
Under the plan, for which the official said there was no
``hard-and-fast'' deadline, U.S. troops would gradually
concentrate inside four heavily fortified air bases, from
where they would provide ``logistical support and quick
reaction capability where necessary to Iraqis''. The bases
would be situated in the north, south, west and centre of the
country.
He said the place of the ``troop consolidation'' would be
dictated by the level of the insurgency and the progress of
Iraq's fledgling security structures.
A report in yesterday's Washington Post said the new bases
would be constructed around existing airfields to ensure
supply lines and troop mobility. It named the four probable
locations as: Tallil in the south; Al Asad in the west; Balad
in the centre and either Irbil or Qayyarah in the north.
U.S. officers told the paper that the bases would have a
more permanent character to them, with more robust buildings
and structures than can be seen at most existing bases in
Iraq. The new buildings would be constructed to withstand
direct mortar fire.
A source at the Iraqi defence ministry said: ``We expect
these facilities will ultimately be to the benefit of the
domestic forces, to be handed over when the U.S. leaves.''
Three Romanian journalists kidnapped in Iraq were freed
yesterday after two months in captivity.
Ms. WOOLSEY. Mr. Chairman, I yield 2 minutes to the gentleman from
Massachusetts (Mr. Meehan).
Mr. MEEHAN. Mr. Chairman, I rise in strong support of the Woolsey
amendment.
This amendment does not say, Cut and run. This amendment does not
call it quits. It asks the President for an exit strategy. And since
the President declared victory in Iraq, more than 1,500 Americans have
been killed. The Bush administration still has not laid out a strategy
to win the peace in Iraq and bring our American forces home.
Now, when he was Governor of Texas, this is the advice that George W.
Bush gave President Clinton about the war in Kosovo. Victory, he said,
means exit strategy, and it is important for the President of the
United States to explain to us what the exit strategy is.
Now, that is what Governor Bush said about President Clinton and the
war in Kosovo, and the need for an exit strategy is even more apparent
in Iraq. In the absence of an exit strategy, the administration
continues to pursue the same strategy that has only led to more
casualties and less stability. We have killed or captured 1,000 to
3,000 insurgents every month for more than a year. But with thousands
of new recruits, the insurgency strengths have quadrupled.
Without an exit strategy to win the peace and bring our troops home,
our policy is going in circles.
Our troops have won tactical victories, but they have not translated
into strategic advances. Any successful strategy in Iraq has to address
the fundamental factors that are continuing to fuel the insurgency.
One of those factors is the suspicion that U.S. troops are going to
occupy Iraq indefinitely. Those suspicions are being reinforced by the
fact that we have three or four times as many troops in Iraq today as
the administration predicted we would. Until we lay out a framework for
bringing our troops home and replacing them with Iraqis, the Iraqi
people will never feel that they are in control of their own destiny.
A clear exit strategy would help splinter insurgent groups who have
set aside their own differences in order to unite against the United
States. It would send a message to the Iraqi Government that it needs
to take responsibility for its own security. And, finally, an exit
strategy is that light at the end of the tunnel that our troops need
and the taxpayers need.
Ms. WOOLSEY. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman
from California (Ms. Lee).
Ms. LEE. Mr. Chairman, I want to thank my friend and cochair of the
Congressional Progressive Caucus, the gentlewoman from California (Ms.
Woolsey), for her leadership in offering this amendment.
I stand here today as the proud daughter of a veteran of two wars.
Let me just say, this amendment says what we have been saying all
along, and it is time to make it real in terms of supporting our
troops. The way we support our troops is by developing a plan to get
them out of harm's way and to bring them home.
To date, more than 1,600 American troops have given their lives, over
11,000 American troops have been injured, and over 17,000 innocent
Iraqi civilians, including women and children, have died in a war that
should never have started in the first place.
I distinctly remember the day in May 2003 when the President stood on
the deck of the USS Abraham Lincoln and proclaimed, ``Mission
Accomplished.'' Of course, the administration has
[[Page H4040]]
called off the search for weapons of mass destruction because there
simply were not any. But the occupation still continues.
We have seen a war that has created a haven for terrorists in Iraq.
We have seen troops become targets of the insurgency when they were
supposed to be liberators.
Mr. Chairman, the President needs to be honest with the American
people and tell us what his plan is, and that is what this amendment
says. Give us a plan to bring our troops home. It is very important. We
need an exit strategy.
The taxpayers have spent over $200 billion, soon to be $300 billion,
and we have little or no accountability for where this money has gone.
I congratulate the gentlewoman from California (Ms. Woolsey) for this
amendment. We should adopt this amendment. We should send the signal
that we support our troops, we love our troops, we value our troops,
and we want them home.
{time} 1900
Mr. SKELTON. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I yield to the gentlewoman from Texas (Ms. Jackson-
Lee).
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the distinguished
gentleman from Missouri (Mr. Skelton), and I thank him again for his
leadership. I thank the distinguished gentlewoman from California (Ms.
Woolsey) for allowing us to have the opportunity to stand on the floor
of the House just a few days away from honoring America's war dead, and
I hope that this debate is not in any way suggesting our lack of
respect and admiration for those fallen as well as their families. I do
not believe the distinguished gentlewoman from California has any idea
or any sense of disrespecting the Nation's fallen dead. In fact, so
many of us, no matter where we have come from, have soldiers and
families living among us, families that mourned and families that are
willing and wanting for their loved ones to come home.
This is not Vietnam in terms of the approach that those of us who are
against the war would put it in that context. We understand that the
troops are following the orders of their leaders, the Commander in
Chief, the United States Congress. That is why this amendment puts the
burden on the United States Congress and asks for the President to
create a success strategy, an exit strategy that will allow these
troops to come home.
This is about conserving resources. We have 140,000 troops in Iraq.
We have equipment that is stretched. We have questions about the armor
that is being utilized by our troops, the body armor. We have 60 people
dead in the last 24 hours and eight of our troops dying in the last 24
hours and troops dying every single day. And you know what the tragedy
of it is? That when our fallen heroes come to the soil of the United
States we cannot even view their bodies with the Flag draped over the
coffin. We are denied that opportunity to mourn them.
So this amendment is really to respond to the need that the Congress
have the opportunity to address the question in hearing and to review
the President's offering of a withdrawal or a success strategy, in
great respect to the men and women in the United States military, in
great respect to the families, in great respect to those who have lost
their lives.
I ask my colleagues to consider this amendment primarily to give us
an opportunity to do our constitutional duty, and that is a declaration
of war is a constitutional duty by this Congress to declare war. We
failed in that duty a couple of years ago, in 2002 September. But let
us accept the challenge to review the process and the strategy of this
administration.
I close by simply saying to the executive, I ask you to join us in a
collaborative effort to have a vote for peace and to be able to
conserve the resources and to honor our fallen dead and those who now
serve, that we respect their families, respect, in fact, their lives
and we will craft a strategy to return our heroes home. That is not in
any way giving up on them. That is saving them.
Mr. SKELTON. Mr. Chairman, I yield to the gentlewoman from California
(Ms. Woolsey).
Ms. WOOLSEY. Mr. Chairman, again, I would like to thank the members
of the Rules Committee that made this important amendment in order. It
is about time that in the Congress we discuss what is going on in the
war in Iraq. And it is only too bad that we had only 15 minutes for
this, well, a half an hour, 15 minutes on both sides, for this very,
very important issue that is facing everybody in the United States of
America, our troops and their families and the Iraqi people.
My amendment expresses the sense of the Congress that the President
must develop a plan to bring our troops home, that he must submit this
plan to the appropriate committees in Congress so that we can truly
support our troops and bring them home where they are safe.
So in closing, Mr. Chairman, Congress must support our troops. We
must begin the difficult recovery process from a long and destructive
war. The President has to create a plan and tell us what he is going to
do, and he must get these troops home before we lose any more lives.
This is the best way to support our troops, and they deserve nothing
less.
Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The gentleman from California has 30 seconds remaining.
Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, and my colleagues, we have an exit strategy, and that
exit strategy is a free Iraq and a free government in Iraq and a
military which is strong enough to protect that government. And that is
the military that we are standing up right now, and that is the
mission, and that is the timetable. And I would hope that the
gentlewoman's amendment would be defeated.
Mr. FARR. Mr. Chairman, a safe and democratic Iraq is a goal I share
with every American. Congresswoman Woolsey's amendment is critically
important for reaching this goal. The amendment urges the
administration to lay out a plan for withdrawing U.S. troops from Iraq.
This amendment does not demand the U.S. troops be withdrawn from Iraq
immediately or prematurely. It simply requests that the President
establish a plan for when he will begin to bring our soldiers back
home.
The best way to make Iraq a strong and democratic country is to give
Iraqis the training and education necessary for them to assume
responsibility for their own security needs and to develop their civil
society infrastructure. Iraqis yearn for freedom and democracy, and
ownership of their own country. American soldiers, sailors and marines
want to return home to be reunited with their families. A withdrawal
plan is in the best national security interests of the United States
and in the best interests of a democratic Iraq.
I urge my colleagues to support the Woolsey amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentlewoman from California (Ms. Woolsey).
The question was taken; and the Chairman announced that the noes
appeared to have it.
Ms. WOOLSEY. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings
on the amendment offered by the gentlewoman from California (Ms.
Woolsey) will be postponed.
The Chair understands that amendment No. 19 was disposed of by the
adoption of amendment No. 1.
It is now in order to consider amendment No. 27 printed in House
Report 109-96.
Amendment No. 27 Offered by Mr. Weldon of Pennsylvania
Mr. WELDON of Pennsylvania. Mr. Chairman, I offer an amendment.
The CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 27 offered by Mr. Weldon of Pennsylvania:
At the end of title XII (page 427, after line 11), insert
the following new section:
SEC. ___. SENSE OF CONGRESS CONCERNING COOPERATION WITH
RUSSIA ON ISSUES PERTAINING TO MISSILE DEFENSE.
It is the sense of Congress that--
(1) cooperation between the United States and Russia with
regard to missile defense is in the interest of the United
States;
(2) there does not exist strong enough engagement between
the United States and Russia with respect to missile defense
cooperation;
(3) the United States should explore innovative and
nontraditional means of cooperation with Russia on issues
pertaining to missile defense; and
[[Page H4041]]
(4) as part of such an effort, the Secretary of Defense
should consider the possibilities for United States-Russian
cooperation with respect to missile defense through--
(A) the testing of specific elements of the detection and
tracking equipment of the Missile Defense Agency of the
United States Department of Defense through the use of
Russian target missiles; and
(B) the provision of early warning radar to the Missile
Defense Agency by the use of Russian radar data.
The CHAIRMAN. Pursuant to House Resolution 293, the gentleman from
Pennsylvania (Mr. Weldon) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Pennsylvania (Mr. Weldon).
Mr. WELDON of Pennsylvania. Mr. Chairman, I yield myself such time as
I may consume.
Mr. Chairman, this is an amendment that I wish I did not have to
offer because the amendment follows the language of the President of
the United States, our leader, who has called for joint cooperation
with Russia on missile defense. The amendment calls for the language of
our Secretary of Defense, who has called for joint cooperation on
missile defense. The language calls for an amendment that my good
friend, the gentleman from South Carolina (Mr. Spratt), and I offered
in 1998 in H.R. 4 that actually calls for a national missile defense,
and as a part of that called for joint cooperation on missile defense.
In fact, the weekend before the vote on H.R. 4, I took Don Rumsfeld,
private citizen; Jim Woolsey, private citizen; Bill Snyder, private
citizen; and Democrat Jim Turner and other Republicans to Moscow, and
we told the Russians that our move in moving forward on missile defense
and not only abrogating the ABN treaty was not about us scoring a
strategic advantage over them, but was about an effort to protect
ourselves, as they had been doing with their system around Moscow. And
we told them that we saw threats coming from North Korea, China and
Iran and, therefore, we had to take the action.
Mr. Chairman, for the past several years we have had a joint program
with the Russians called RAMOS. A year ago, our four star general,
General Kadisch, came in and said to me, Congressman, I have got to
cancel the program, but I want to do a follow-on with the Russians. And
I said, that is great because that is the intent of the President and
that is the intent of the Congress. He said, But Congressman, I cannot
get a meeting with my Russian counterparts.
So in April of last year, we took, at the request of General Kadisch
and General Obering, General Shakleford to Moscow with us. And General
Shakleford sat across the table in Straya Polochad, the equivalent of
the West Wing in Moscow with General Balyevsky who would become the
chief of the general staff. During the summer of last year, they
negotiated a multi-phase agreement to work with the Russians on joint
use of their large phased array radar, which we need; on joint use of
the Russian missile systems for targeting purposes, which we want. But
because none of the Missile Defense Agency, but because of the
bureaucracy in the Pentagon, today we have no cooperative program with
Russia, and that is unacceptable and it is outrageous.
So this amendment gets to the heart of the office of Secretary of
Defense and the policy shop. You do not override the President of the
United States. You are not the ultimate decision-makers above the
Congress. The Congress made a conscientious bipartisan veto-proof
effort in passing H.R. 4 in 1998. We were the ones that called for this
cooperation. The President has said this repeatedly, and this amendment
says to those bureaucrats in the policy shop, do your job.
I thank my colleagues for their effort. I ask all of my colleagues to
support this because this is about our word. This is about the trust of
America. This is about building a relationship that our Missile Defense
Agency wants.
General Obering was in my office 2 months ago with a policy person
sitting across the room, and General Obering looked at him and said, I
want to do this. What we are saying is we support General Obering. We
support the Secretary of Defense. We support the President of the
United States. And to those bureaucrats in the Pentagon, wake up and
listen, because that is who this amendment is aimed at.
Mr. Chairman, I yield back the balance of my time.
Mr. SPRATT. Mr. Chairman, I do not object to the amendment, but ask
unanimous consent to claim the time in opposition.
The CHAIRMAN. Is there objection to the request of the gentleman from
South Carolina?
There was no objection.
The CHAIRMAN. The gentleman from South Carolina (Mr. Spratt) is
recognized for 5 minutes.
Mr. SPRATT. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, my good friend and colleague, the gentleman from
Pennsylvania (Mr. Weldon), has been a leader in the Congress on
relations with Russia for some time. I reviewed his amendment, and I
support it and would like to state several reasons for supporting it
that I think others can readily identify with.
First of all, this is not a new idea. It has been talked about at
least as long ago as Reagan's Presidency, when Mr. Reagan was trying to
make the point that he did not necessarily seek nuclear dominance, and
that he was ready to share certain parts of missile defense with the
Russians if necessary to show that it was consistent with the balance
of power between our two countries.
But today, if you want principle reasons, one reason to have an
amendment like this and the policy that it supports is to show the
Russians that ballistic missile defense need not be perceived by them
as adverse to their security. Just as our missiles are no longer
explicitly targeted at the Russians, the ballistic missile defense
systems we are building are not directed really at countering their
systems, but of the adversaries.
The gentleman from Pennsylvania (Mr. Weldon) mentions two good
reasons, two practical reasons, for making this amendment our policy.
Number one, it is possible that the Russians could cooperate with us in
allowing us to test specific elements of their tracking equipment of
their own missile systems. And, number two, they have early warning
radar that the Missile Defense Agency may find very useful. In fact, if
we begin some day in the near future to install systems that will give
us protection against threats like Iran, we may find the geography
inside Russia is ideal geography, ideally located for the kind of early
warning system and detection that we would need and want and would be
preferable possibly to locating some of these systems in Eastern
European countries.
So there are many good reasons at this point in time to support this
policy and therefore to support this amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Pennsylvania (Mr. Weldon).
The amendment was agreed to.
Sequential Votes Postponed in Committee of the Whole
The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will
now resume on those amendments on which further proceedings were
postponed in the following order: amendment No. 6 offered by the
gentleman from Florida (Mr. Stearns), amendment No. 29 offered by the
gentleman from New Hampshire (Mr. Bradley), amendment No. 26 offered by
the gentlewoman from California (Ms. Woolsey).
The Chair will reduce to 5 minutes the time for any electronic votes
after the first vote in this series.
Amendment No. 6 Offered by Mr. Stearns
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Florida (Mr. Stearns) on
which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 336,
noes 92, not voting 5, as follows:
[[Page H4042]]
[Roll No. 218]
AYES--336
Abercrombie
Aderholt
Akin
Alexander
Andrews
Baca
Bachus
Baird
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Bradley (NH)
Brady (TX)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capuano
Cardin
Cardoza
Carnahan
Carter
Case
Castle
Chabot
Chocola
Clay
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Cooper
Costa
Costello
Cox
Cramer
Crenshaw
Cubin
Cuellar
Culberson
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
Delahunt
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Doggett
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards
Ehlers
Engel
English (PA)
Etheridge
Evans
Everett
Fattah
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Gene
Gutknecht
Hall
Harman
Harris
Hart
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Higgins
Hinojosa
Hobson
Hoekstra
Holden
Hooley
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inglis (SC)
Inslee
Israel
Issa
Istook
Jefferson
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Kanjorski
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Latham
LaTourette
Leach
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lucas
Lungren, Daniel E.
Lynch
Mack
Manzullo
Marchant
Marshall
Matheson
McCarthy
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
Meek (FL)
Menendez
Mica
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Moore (KS)
Moran (KS)
Murphy
Murtha
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Ortiz
Osborne
Otter
Oxley
Paul
Pearce
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Loretta
Saxton
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Souder
Spratt
Stearns
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Towns
Turner
Udall (CO)
Upton
Van Hollen
Visclosky
Walden (OR)
Walsh
Wamp
Waxman
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Wynn
Young (AK)
Young (FL)
NOES--92
Ackerman
Allen
Baldwin
Becerra
Blumenauer
Brady (PA)
Brown (OH)
Capps
Carson
Conyers
Crowley
Davis (IL)
DeGette
DeLauro
Dingell
Emanuel
Eshoo
Farr
Filner
Frank (MA)
Green, Al
Grijalva
Gutierrez
Hastings (FL)
Hinchey
Holt
Honda
Jackson (IL)
Jackson-Lee (TX)
Jones (OH)
Kaptur
Kilpatrick (MI)
Kucinich
Larson (CT)
Lee
Levin
Lewis (GA)
Lofgren, Zoe
Lowey
Maloney
Markey
Matsui
McCollum (MN)
McDermott
McGovern
McKinney
McNulty
Meehan
Meeks (NY)
Melancon
Michaud
Miller, George
Mollohan
Moore (WI)
Moran (VA)
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Rahall
Rangel
Rothman
Roybal-Allard
Rush
Sanchez, Linda T.
Sanders
Schakowsky
Scott (VA)
Serrano
Slaughter
Solis
Stark
Thompson (CA)
Tierney
Udall (NM)
Velazquez
Wasserman Schultz
Waters
Watson
Watt
Weiner
Wexler
Woolsey
Wu
NOT VOTING--5
Brown (SC)
Chandler
Emerson
Hastings (WA)
Millender-McDonald
{time} 1935
Mr. MORAN of Virginia, Mr. BROWN of Ohio, Ms. KAPTUR, Ms. PELOSI, Mr.
RAHALL and Mr. MOLLOHAN changed their vote from ``aye'' to ``no.''
Mr. WAXMAN, Mr. MEEK of Florida, and Ms. LORETTA SANCHEZ of
California changed their vote from ``no'' to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Amendment No. 29 Offered by Mr. Bradley of New Hampshire
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from New Hampshire (Mr.
Bradley) on which further proceedings were postponed and on which the
noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 112,
noes 316, not voting 5, as follows:
[Roll No. 219]
AYES--112
Abercrombie
Allen
Baird
Barrow
Bass
Boozman
Bradley (NH)
Brady (PA)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Capito
Capps
Cardoza
Clay
Crowley
Cuellar
Davis (AL)
Davis, Jo Ann
Davis, Tom
DeFazio
Delahunt
DeLauro
Doyle
Ehlers
Evans
Fattah
Fitzpatrick (PA)
Ford
Gallegly
Gerlach
Gibbons
Gingrey
Gohmert
Gonzalez
Gordon
Green, Al
Green, Gene
Hall
Hart
Hastings (FL)
Herseth
Higgins
Hinchey
Hinojosa
Holt
Hooley
Jackson-Lee (TX)
Jefferson
Jenkins
Jindal
Johnson (CT)
Jones (NC)
Jones (OH)
Kucinich
LaHood
Langevin
Larson (CT)
LaTourette
Lewis (GA)
Lowey
Lynch
Manzullo
McCollum (MN)
McCotter
McNulty
Melancon
Menendez
Michaud
Mollohan
Moore (WI)
Moran (VA)
Murphy
Murtha
Oberstar
Ortiz
Owens
Pallone
Pascrell
Paul
Payne
Pearce
Pickering
Poe
Rahall
Rehberg
Reynolds
Ross
Rothman
Schakowsky
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Serrano
Shays
Shimkus
Simmons
Slaughter
Smith (NJ)
Strickland
Taylor (MS)
Thompson (MS)
Udall (NM)
Velazquez
Wasserman Schultz
Watson
Weldon (FL)
Wicker
Wilson (NM)
Wolf
Wu
NOES--316
Ackerman
Aderholt
Akin
Alexander
Andrews
Baca
Bachus
Baker
Baldwin
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bean
Beauprez
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Blackburn
Blumenauer
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boren
Boswell
Boucher
Boustany
Boyd
Brady (TX)
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Cantor
Capuano
Cardin
Carnahan
Carson
Carter
Case
Castle
Chabot
Chandler
Chocola
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Cox
Cramer
Crenshaw
Cubin
Culberson
Cummings
Cunningham
Davis (CA)
Davis (FL)
Davis (IL)
Davis (KY)
Davis (TN)
Deal (GA)
DeGette
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Doolittle
Drake
Dreier
Duncan
Edwards
Emanuel
Engel
English (PA)
Eshoo
Etheridge
Everett
Farr
Feeney
Ferguson
Filner
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Garrett (NJ)
Gilchrest
Gillmor
Goode
Goodlatte
Granger
Graves
Green (WI)
Grijalva
Gutierrez
Gutknecht
Harman
Harris
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Holden
Honda
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inglis (SC)
Inslee
Israel
Issa
Istook
Jackson (IL)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
Lantos
Larsen (WA)
Latham
Leach
[[Page H4043]]
Lee
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lucas
Lungren, Daniel E.
Mack
Maloney
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy
McCaul (TX)
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McKinney
McMorris
Meehan
Meek (FL)
Meeks (NY)
Mica
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Moore (KS)
Moran (KS)
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Obey
Olver
Osborne
Otter
Oxley
Pastor
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pitts
Platts
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Ramstad
Rangel
Regula
Reichert
Renzi
Reyes
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Saxton
Schiff
Sensenbrenner
Sessions
Shadegg
Shaw
Sherman
Sherwood
Shuster
Simpson
Skelton
Smith (TX)
Smith (WA)
Snyder
Sodrel
Solis
Souder
Spratt
Stark
Stearns
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Turner
Udall (CO)
Upton
Van Hollen
Visclosky
Walden (OR)
Walsh
Wamp
Waters
Watt
Waxman
Weiner
Weldon (PA)
Weller
Westmoreland
Wexler
Whitfield
Wilson (SC)
Woolsey
Wynn
Young (AK)
Young (FL)
NOT VOTING--5
Bishop (UT)
Brown (SC)
Emerson
Hastings (WA)
Millender-McDonald
Announcement by the Chairman
The CHAIRMAN (during the vote). There are 2 minutes remaining in this
vote.
{time} 1944
Mr. TAYLOR of Mississippi changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment No. 26 Offered by Ms. Woolsey
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentlewoman from California (Ms.
Woolsey) on which further proceedings were postponed and on which the
noes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 128,
noes 300, not voting 5, as follows:
[Roll No. 220]
AYES--128
Abercrombie
Allen
Baca
Baird
Baldwin
Becerra
Blumenauer
Boswell
Brady (PA)
Brown (OH)
Capps
Capuano
Carnahan
Carson
Clay
Cleaver
Clyburn
Coble
Conyers
Costello
Cummings
Davis (IL)
DeFazio
DeGette
Delahunt
Doggett
Doyle
Duncan
Emanuel
Eshoo
Evans
Farr
Fattah
Filner
Frank (MA)
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hastings (FL)
Hinchey
Hinojosa
Holt
Honda
Hooley
Inslee
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (NC)
Jones (OH)
Kaptur
Kilpatrick (MI)
Kucinich
Larson (CT)
Leach
Lee
Lewis (GA)
Lipinski
Lofgren, Zoe
Lynch
Maloney
Markey
Matsui
McCollum (MN)
McDermott
McGovern
McKinney
McNulty
Meehan
Meeks (NY)
Melancon
Menendez
Michaud
Miller (NC)
Miller, George
Moore (WI)
Moran (VA)
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Price (NC)
Rahall
Rangel
Rothman
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanders
Schakowsky
Schwartz (PA)
Scott (VA)
Serrano
Sherman
Slaughter
Smith (WA)
Solis
Stark
Strickland
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (NM)
Van Hollen
Velazquez
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOES--300
Ackerman
Aderholt
Akin
Alexander
Andrews
Bachus
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boucher
Boustany
Boyd
Bradley (NH)
Brady (TX)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Cardin
Cardoza
Carter
Case
Castle
Chabot
Chandler
Chocola
Cole (OK)
Conaway
Cooper
Costa
Cox
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLauro
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doolittle
Drake
Dreier
Edwards
Ehlers
Engel
English (PA)
Etheridge
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Granger
Graves
Green (WI)
Gutknecht
Hall
Harman
Harris
Hart
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Higgins
Hobson
Hoekstra
Holden
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inglis (SC)
Israel
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Kanjorski
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Latham
LaTourette
Levin
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lowey
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
Marshall
Matheson
McCarthy
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
Meek (FL)
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Mollohan
Moore (KS)
Moran (KS)
Murphy
Murtha
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Ortiz
Osborne
Otter
Oxley
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Pomeroy
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Roybal-Allard
Royce
Ruppersberger
Ryan (WI)
Ryun (KS)
Salazar
Sanchez, Loretta
Saxton
Schiff
Schwarz (MI)
Scott (GA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Smith (NJ)
Smith (TX)
Snyder
Sodrel
Souder
Spratt
Stearns
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Udall (CO)
Upton
Visclosky
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--5
Brown (SC)
Emerson
Hastings (WA)
Millender-McDonald
Porter
{time} 1952
Mr. BUTTERFIELD changed his vote from ``aye'' to ``no.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Mr. HUNTER. Mr. Chairman, I move to strike the last word.
Mr. Chairman, this place and our accomplishments all depend on great
staff people. And that is what we had in Mr. Robert Rangel, who has
been the staff director over these last several terms on the Committee
on Armed Services. He was a staff leader for some 18 years, heading up
our great bipartisan staff, and he is now leaving.
I thought of all of the great descriptions of people who serve this
Nation in uniform, that adherence to duty and honor and country, and I
think those are the metrics by which Mr. Rangel has worked to serve our
interests and serve the interests of the people of this country and to
serve the interests of the people who wear the uniform of the United
States.
Mr. SKELTON. Mr. Chairman, will the gentleman yield?
Mr. HUNTER. I yield to the gentleman from Missouri.
Mr. SKELTON. Mr. Chairman, let me add a thank-you and it is a job
well
[[Page H4044]]
done to Robert Rangel. Your professionalism, your friendship, your
integrity, your hard work have served this institution well. You love
this institution, we know that, and we are most appreciative of all you
have done for us in a bipartisan way. You understand politics; but on
the other hand, you understand this institution and help make it work
very, very well.
I might say, Robert, back in Lafayette County, Missouri, the highest
compliment you ever get is, You done good. So Robert Rangel, you done
good.
The CHAIRMAN. There being no further amendments, the question is on
the committee amendment in the nature of a substitute, as amended.
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The CHAIRMAN. Under the rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
LaHood) having assumed the chair, Mr. Simpson, Chairman of the
Committee of the Whole House on the State of the Union, reported that
that Committee, having had under consideration the bill (H.R. 1815) to
authorize appropriations for fiscal year 2006 for military activities
of the Department of Defense, to prescribe military personnel strengths
for fiscal year 2006, and for other purposes, pursuant to House
Resolution 293, he reported the bill back to the House with an
amendment adopted by the Committee of the Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any amendment to the committee
amendment in the nature of a substitute adopted by the Committee of the
Whole? If not, the question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit Offered by Mr. Taylor of Mississippi
Mr. TAYLOR of Mississippi. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. TAYLOR of Mississippi. In its present form, Mr. Speaker.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Taylor of Mississippi moves to recommit the bill H.R.
1815 to the Committee on Armed Services with instructions to
report the same back to the House forthwith with the
following amendments:
At the end of subtitle A of title VII (page 290, after line
5), add the following new section:
SEC. 707. EXPANDED ELIGIBILITY OF SELECTED RESERVE MEMBERS
UNDER 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.
Page 508, line 14, insert after the dollar amount the
following: ``(reduced by $182,000,000)''.
Page 509, line 22, insert after the dollar amount the
following: ``(reduced by $182,000,000)''.
Mr. TAYLOR of Mississippi (during the reading). Mr. Speaker, I ask
unanimous consent that the motion be considered as read and printed in
the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Mississippi?
There was no objection.
The SPEAKER pro tempore. The gentleman from Mississippi (Mr. Taylor)
is recognized for 5 minutes.
Mr. TAYLOR of Mississippi. Mr. Speaker, a few minutes ago the
gentleman from California (Chairman Hunter), in speaking to the Woolsey
amendment, described it as a message-sender. This motion to recommit,
which is an amendment to the bill, is a message-sender.
This is a message-sender to the Guardsmen and Reservists of this
Nation who comprise 38 percent of the total force, and who at this
moment comprise 40 percent of the men and women who are serving in Iraq
and Afghanistan. By the way, they provide about that same percentage of
the wounded, about the same percentage of the people who come home dead
from that war.
See, unlike the regular soldier to their right and the regular Marine
to their left, who are guaranteed health care coverage through the
TRICARE program, 20 percent of our Guardsmen and Reservists have no
health care coverage whatsoever. Coincidentally, about 20 percent of
our Guard and Reservists who are called up could not be deployed
because they were not medically ready to be deployed. This amendment
addresses that.
This amendment would take $185 million out of the fund that is going
to fund base closure and apply it to TRICARE for Guard and Reservists
to let those people know we appreciate them.
{time} 2000
Why is this important? Just today in south Mississippi, five families
got the worst message you could ever receive, and that is that their
loved one died in Iraq. Every one of them was a Guardsman or Reservist.
Last Friday, I visited Walter Reed just like all of you do, but a
little bit different from my colleagues, just to see Mississippians.
Every one of the five Mississippians that are there are Guardsmen or
Reservists. One is a double amputee. The other two have lost one leg.
The other two are in wheelchairs and will be for some time. Every one
of them is a Guardsman or Reservist.
I have heard in committee that maybe the Guard and Reserve does not
deserve this. What could be farther from the truth? There are people
who say, Well, we can't afford the money. It is going to be expensive.
I am not going to lie about that. When it is fully implemented, it is
going to cost $1 billion a year. But I will also remind you that when
it is fully implemented, that will amount to one-quarter of 1 percent
of the entire DOD budget, one-quarter of 1 percent of the DOD budget so
we can tell our Guardsmen, so we can tell our Reservists, and there are
really only three types of Guardsmen and Reservists, because I know a
bunch of them. There are those that have been to Iraq, there are those
that are in Iraq, and there are those that are going to Iraq. That is
the only type of Guardsmen and Reservists we have now. That is how much
we use them in the force. As a matter of fact, the aviation
classification repair unit that is shared in the district of the
gentleman from Connecticut (Mr. Simmons) and my own has already been to
Iraq and they have been told they are going back.
This is going to become law. It is going to become law. The question
is whether the House is going to lead on this or whether we are going
to follow, because tomorrow the Senator from South Carolina is going to
offer this amendment, and it is going to pass. So
[[Page H4045]]
then it goes to conference. One of the arguments that is going to be
made is that by this motion to recommit, we are slowing the process
down. I would beg to differ. By this motion to recommit, we are stating
the House's position that we agree with you, that this is something
that is worthwhile to do and we go to conference, we are already in
agreement that we are going to provide TRICARE for our Guardsmen and
Reservists. I think it is a pretty good idea, but that is just me. But
there are a lot of other folks who think this is a good idea.
This motion to recommit has been endorsed by the Military Officers
Association of America, by the National Guard Association of America,
by the Enlisted Association of the National Guard, a unanimous vote
last weekend by the Adjutants General of the 54 States and territories,
the Reserve Officers Association, and the Fleet Reserve Association.
Mr. Chairman, we are all going to go to Memorial Day services on
Monday. A heck of a lot of people in that crowd are going to be
Guardsmen, Reservists and their families. They are going to know how we
voted. So you can plan to maybe duck some and hide from some, you can
give them some lame excuse that, well, it wasn't what my party wanted,
it wasn't what my chairman wanted; or you can look that young person
who in the next year might be the father of a child and say, You're a
National Guardsman. You're a Reservist. We as a Nation are willing to
help you pay for that child.
Who in the next year may have cancer in their family, we are saying,
Doggone it, you're serving your country. We're there to help you for
that. Or that you have a preexisting condition. We all know how hard it
is for someone who has a loved one with a preexisting condition to get
insurance. We are telling them we value your service.
On Monday, when you look them in the eye, I hope you will be in a
position to say we appreciate your service. You were there for us. And
last Wednesday night, I was there for you.
Mr. HUNTER. Mr. Speaker, I rise in opposition to the motion to
recommit.
The SPEAKER pro tempore (Mr. LaHood). The gentleman from California
(Mr. Hunter) is recognized for 5 minutes.
Mr. HUNTER. Mr. Speaker, my good colleague from Mississippi has
spoken of our great Guardsmen and Reservists a number of times in his
very eloquent statement and talked about their deployment, their
imminent deployment, or the deployment they are involved in right now
or the one they are returning from in Afghanistan, Iraq, or other
places around the world.
We, in fact, do provide TRICARE. It is medical care for every one of
them and every one of their dependents, for 90 days before mobilization
and 180 days after mobilization.
So this body, starting with the Committee on Armed Services and then
the full House, moving and working with the Senate and with the
President, have done that. Now, let me just tell you, there is a major
problem from my perspective and I have looked at this during the last
session and you have a major, major problem, because all of these
people have jobs, they have employers who are carrying health care in
the private sector right now. If you give an opportunity to employers,
to the private sector, to terminate the health care that they are
providing right now to their employees, once they understand that the
government will pick up that health care pursuant to that status in the
Guard, across the board, you are going to see that 18 percent of
Guardsmen who right now do not have that health care, you are going to
see that number go way up in the private sector and you are going to
see, very simply, a large displacement of that burden from the private
sector on to the DOD budget.
That gets to another responsibility that everyone here has. We have a
responsibility to replace those 18-year-old helicopters. We have a
responsibility to replace those jet aircraft that average now in the
Navy about 17\1/2\ years old. We have a responsibility to replace those
tanks, those trucks, those ships. If we take that $5.8 billion that
this will amount to over 5 years, much of which will be the shifting of
this burden from the private sector to DOD, we may think we have served
that Guardsman very well in one way, but we will disserve him in
another way because he will not have the best equipment.
Let me get to the issue at hand. We have a $500 billion bill which
provides the tools to get the job done in this war against terror. The
war really started when Todd Beamer, when that United flight was over
Pennsylvania and he took on the terrorists and the last words we heard
from him were, Let's roll. Let's roll echoed across the mountains of
Afghanistan, through those dark canyons and those caves, across the
sands of Iraq; and right now it is being carried in units like the 10th
Mountain Division, the First Marine Division out to the western AO in
Iraq, the First Armored Division in Baghdad, and all those great
Guardsmen and Reservists who are fighting in this war against terror.
We have provided in this bill the tools to get the job done.
Let us pass this bill. Let's roll.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Recorded Vote
Mr. TAYLOR of Mississippi. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair
will reduce to 5 minutes the minimum time for any electronic vote on
the question of passage.
The vote was taken by electronic device, and there were--ayes 211,
noes 218, not voting 4, as follows:
[Roll No. 221]
AYES--211
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Butterfield
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Case
Chandler
Clay
Cleaver
Clyburn
Conyers
Cooper
Costa
Costello
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Filner
Ford
Frank (MA)
Gonzalez
Goode
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Harman
Hastings (FL)
Herseth
Higgins
Hinchey
Hinojosa
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson, E. B.
Jones (NC)
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick (MI)
Kind
Kucinich
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
Leach
Lee
Levin
Lewis (GA)
Lipinski
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey
Marshall
Matheson
Matsui
McCarthy
McCollum (MN)
McDermott
McGovern
McIntyre
McKinney
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor
Paul
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Ramstad
Rangel
Reyes
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Schakowsky
Schiff
Schwartz (PA)
Scott (GA)
Scott (VA)
Serrano
Shays
Sherman
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Spratt
Stark
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tierney
Towns
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Wexler
Wilson (NM)
Woolsey
Wu
Wynn
NOES--218
Aderholt
Akin
Alexander
Bachus
Baker
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boustany
Bradley (NH)
Brady (TX)
Burgess
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Castle
Chabot
Chocola
Coble
Cole (OK)
Conaway
Cox
Crenshaw
Cubin
[[Page H4046]]
Culberson
Cunningham
Davis (KY)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
English (PA)
Everett
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Goodlatte
Granger
Graves
Green (WI)
Gutknecht
Hall
Harris
Hart
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Inglis (SC)
Issa
Istook
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, Sam
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Osborne
Otter
Oxley
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schwarz (MI)
Sensenbrenner
Sessions
Shadegg
Shaw
Sherwood
Shimkus
Shuster
Simmons
Simpson
Smith (NJ)
Smith (TX)
Sodrel
Souder
Stearns
Sullivan
Sweeney
Tancredo
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Whitfield
Wicker
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--4
Brown (SC)
Emerson
Hastings (WA)
Millender-McDonald
{time} 2026
Mr. WHITFIELD changed his vote from ``aye'' to ``no.''
So the motion to recommit was rejected.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. LaHood). The question is on the passage
of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. DeLAY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 390,
nays 39, not voting 4, as follows:
[Roll No. 222]
YEAS--390
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baker
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bass
Bean
Beauprez
Becerra
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boehlert
Boehner
Bonilla
Bonner
Bono
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carnahan
Carson
Carter
Case
Castle
Chabot
Chandler
Chocola
Clay
Cleaver
Clyburn
Coble
Cole (OK)
Conaway
Cooper
Costa
Costello
Cox
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Cunningham
Davis (AL)
Davis (CA)
Davis (FL)
Davis (KY)
Davis (TN)
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeFazio
DeGette
DeLauro
DeLay
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Doolittle
Doyle
Drake
Dreier
Edwards
Ehlers
Emanuel
Engel
English (PA)
Eshoo
Etheridge
Evans
Everett
Farr
Fattah
Feeney
Ferguson
Fitzpatrick (PA)
Flake
Foley
Forbes
Ford
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green (WI)
Green, Al
Green, Gene
Gutknecht
Hall
Harman
Harris
Hart
Hayes
Hayworth
Hefley
Hensarling
Herger
Herseth
Higgins
Hinojosa
Hobson
Hoekstra
Holden
Holt
Honda
Hooley
Hostettler
Hoyer
Hulshof
Hunter
Hyde
Inglis (SC)
Inslee
Israel
Issa
Istook
Jackson-Lee (TX)
Jefferson
Jenkins
Jindal
Johnson (CT)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Kanjorski
Kaptur
Keller
Kelly
Kennedy (MN)
Kennedy (RI)
Kildee
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
Kuhl (NY)
LaHood
Langevin
Lantos
Larsen (WA)
Larson (CT)
Latham
LaTourette
Leach
Levin
Lewis (CA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Maloney
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McHenry
McHugh
McIntyre
McKeon
McMorris
McNulty
Meehan
Meek (FL)
Meeks (NY)
Melancon
Menendez
Mica
Michaud
Miller (FL)
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mollohan
Moore (KS)
Moran (KS)
Moran (VA)
Murphy
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Ney
Northup
Norwood
Nunes
Nussle
Obey
Ortiz
Osborne
Otter
Oxley
Pallone
Pascrell
Pastor
Pearce
Pelosi
Pence
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pombo
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Ryan (OH)
Ryan (WI)
Ryun (KS)
Sabo
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Saxton
Schiff
Schwartz (PA)
Schwarz (MI)
Scott (GA)
Scott (VA)
Sensenbrenner
Sessions
Shadegg
Shaw
Shays
Sherman
Sherwood
Shimkus
Shuster
Simmons
Simpson
Skelton
Slaughter
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Sodrel
Souder
Spratt
Stearns
Strickland
Stupak
Sullivan
Sweeney
Tancredo
Tanner
Tauscher
Taylor (MS)
Taylor (NC)
Terry
Thomas
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Towns
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Visclosky
Walden (OR)
Walsh
Wamp
Wasserman Schultz
Watson
Waxman
Weiner
Weldon (FL)
Weldon (PA)
Weller
Westmoreland
Wexler
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Wynn
Young (AK)
Young (FL)
NAYS--39
Baldwin
Blumenauer
Conyers
Davis (IL)
Delahunt
Duncan
Filner
Frank (MA)
Grijalva
Gutierrez
Hastings (FL)
Hinchey
Jackson (IL)
Jones (OH)
Kilpatrick (MI)
Kucinich
Lee
Lewis (GA)
McDermott
McGovern
McKinney
Moore (WI)
Oberstar
Olver
Owens
Paul
Payne
Rangel
Rush
Schakowsky
Serrano
Solis
Stark
Tierney
Velazquez
Waters
Watt
Woolsey
Wu
NOT VOTING--4
Brown (SC)
Emerson
Hastings (WA)
Millender-McDonald
{time} 2037
So the bill was passed.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mr. LaHood). Without objection, the
committee amendment to the title is adopted.
There was no objection.
The text of the committee amendment to the title is as follows:
Amend the title so as to read: ``A bill 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 military personnel strengths for
such fiscal year, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________