[Congressional Record Volume 151, Number 128 (Wednesday, October 5, 2005)]
[Senate]
[Pages S11143-S11164]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2046. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 1042, to authorize appropriations for fiscal year 
2006 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 378, between lines 10 and 11, insert the following:

     SEC. 31__. MEDICAL ISOTOPE PRODUCTION.

       Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2160d) (as amended by section 630 of the Energy Policy Act of 
     2005 (Public Law 109-58; 119 Stat. 594)) is amended--
       (1) in subsection a., by striking ``Except as provided in 
     subsection b., the Commission'' and inserting ``The 
     Commission'';
       (2) by striking subsection b.; and
       (3) by redesignating subsection c. as subsection b.
                                 ______
                                 
  SA 2047. Mr. NELSON of Florida (for himself, Mr. Corzine, Mr. 
Martinez, Mr. Nelson of Nebraska, Mr. Thune, Mrs. Boxer, Ms. Landrieu, 
Mr. Bingaman, Ms. Cantwell, Mrs. Feinstein, Mr. Harkin, Mr. Kerry, and 
Ms. Mikulski) submitted an amendment intended to be proposed by him to 
the bill H.R. 2863, making appropriations for the Department of Defense 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of subtitle D of title VI of division A, as 
     added by Senate amendment No. 1955, add the following:

     SEC. 642. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR 
                   ANNUITIES BY DEPENDENCY AND INDEMNITY 
                   COMPENSATION.

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

     SEC. 643. EFFECTIVE DATE FOR PAID-UP COVERAGE UNDER SURVIVOR 
                   BENEFIT PLAN.

       Section 1452(j) of title 10, United States Code, is amended 
     by striking ``October 1, 2008'' and inserting ``October 1, 
     2005''.
                                 ______
                                 
  SA 2048. Mr. HARKIN (for himself and Mr. Dorgan) submitted an 
amendment intended to be proposed to amendment SA 1955 proposed by Mr. 
Warner (for himself and Mr. Levin) to the bill H.R. 2863, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of subtitle A of title IX of division A, as 
     added by Senate amendment No. 1955, add the following:

     SEC. 903. AMERICAN FORCES NETWORK.

       (a) Mission.--The American Forces Network (AFN) shall 
     provide members of the Armed Forces, civilian employees of 
     the Department of Defense, and their families stationed 
     outside the continental United States and at sea with the 
     same type and quality of American radio and television news, 
     information, sports, and entertainment as is available in the 
     continental United States.
       (b) Political Programming.--
       (1) Fairness and balance.--All political programming of the 
     American Forces Network shall be characterized by its 
     fairness and balance.
       (2) Free flow of programming.--The American Forces Network 
     shall provide in its programming a free flow of political 
     programming from United States commercial and public radio 
     and television stations.
       (c) Ombudsman of the American Forces Network.--
       (1) Establishment.--There is hereby established the Office 
     of the Ombudsman of the American Forces Network.
       (2) Head of office.--
       (A) Ombudsman.--The head of the Office of the Ombudsman of 
     the American Forces Network shall be the Ombudsman of the 
     American Forces Network (in this subsection referred to as 
     the ``Ombudsman''), who shall be appointed by the Secretary 
     of Defense.
       (B) Qualifications.--Any individual nominated for 
     appointment to the position of Ombudsman shall have 
     recognized expertise in

[[Page S11144]]

     the field of mass communications, print media, or broadcast 
     media.
       (C) Part-time status.--The position of Ombudsman shall be a 
     part-time position.
       (D) Term.--The term of office of the Ombudsman shall be 
     five years.
       (E) Removal.--The Ombudsman may be removed from office by 
     the Secretary only for malfeasance.
       (3) Duties.--
       (A) In general.--The Ombudsman shall ensure that the 
     American Forces Network adheres to the standards and 
     practices of the Network in its programming.
       (B) Particular duties.--In carrying out the duties of the 
     Ombudsman under this paragraph, the Ombudsman shall--
       (i) initiate and conduct, with such frequency as the 
     Ombudsman considers appropriate, reviews of the integrity, 
     fairness, and balance of the programming of the American 
     Forces Network;
       (ii) initiate and conduct, upon the request of Congress or 
     members of the audience of the American Forces Network, 
     reviews of the programming of the Network;
       (iii) identify, pursuant to reviews under clause (i) or 
     (ii) or otherwise, circumstances in which the American Forces 
     Network has not adhered to the standards and practices of the 
     Network in its programming, including circumstances in which 
     the programming of the Network lacked integrity, fairness, or 
     balance; and
       (iv) make recommendations to the American Forces Network on 
     means of correcting the lack of adherence identified pursuant 
     to clause (iii).
       (C) Limitation.--In carrying out the duties of the 
     Ombudsman under this paragraph, the Ombudsman may not engage 
     in any pre-broadcast censorship or pre-broadcast review of 
     the programming of the American Forces Network.
       (4) Resources.--The Secretary of Defense shall provide the 
     Office of the Ombudsman of the American Forces Network such 
     personnel and other resources as the Secretary and the 
     Ombudsman jointly determine appropriate to permit the 
     Ombudsman to carry out the duties of the Ombudsman under 
     paragraph (3).
       (5) Independence.--The Secretary shall take appropriate 
     actions to ensure the complete independence of the Ombudsman 
     and the Office of the Ombudsman of the American Forces 
     Network within the Department of Defense.
       (6) Annual reports.--
       (A) In general.--The Ombudsman shall submit to the 
     Secretary of Defense and the congressional defense committees 
     each year a report on the activities of the Office of the 
     Ombudsman of the American Forces Network during the preceding 
     year.
       (B) Availability to public.--The Ombudsman shall make 
     available to the public each report submitted under 
     subparagraph (A) through the Internet website of the Office 
     of the Ombudsman of the American Forces Network and by such 
     other means as the Ombudsman considers appropriate.
                                 ______
                                 
  SA 2049. Mr. WARNER (for himself and Mr. Levin) submitted an 
amendment intended to be proposed to amendment SA 1955 by Mr. Warner 
(for himself and Mr. Levin) to the bill H.R. 2863, making 
appropropriations for the Department of Defense for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

``10172. Navy Reserve Force.''.

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

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

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

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

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

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

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

[[Page S11145]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S11146]]

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

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

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

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

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

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

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

     SEC. 31 __. SAVANNAH RIVER NATIONAL LABORATORY.

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

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

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

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

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

[[Page S11147]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S11148]]

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

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

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

     SEC. 125. JOINT PRIMARY AIRCRAFT TRAINERS.

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

     SEC. 124. RAPID INTRAVENOUS INFUSION PUMP.

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

     SEC. 213. AGING MILITARY AIRCRAFT FLEET SUPPORT.

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

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

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

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

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

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

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

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

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

     SEC. 213. JOINT SERVICE SMALL ARMS PROGRAM.

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

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

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

[[Page S11149]]

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

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

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

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

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

[[Page S11150]]

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

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

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

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

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

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

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

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

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

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

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

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

       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to major defense acquisition 
     programs commenced on or after that date.

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

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

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

       (a) Quarterly Reports.--

[[Page S11151]]

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

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

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

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

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

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

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

     SEC. 224. ARROW BALLISTIC MISSILE DEFENSE SYSTEM.

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

     SEC. 213. FIELD PROGRAMMABLE GATE ARRAY.

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

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

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

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

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

[[Page S11152]]

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

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

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

     SEC. 213. DEFENSE BASIC RESEARCH PROGRAMS.

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

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

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

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

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

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

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

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

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

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

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

[[Page S11153]]

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

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

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

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

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

[[Page S11154]]

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

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

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

     SEC. 1205. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.

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

     SEC. 718. PANDEMIC AVIAN FLU PREPAREDNESS.

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

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

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

     SEC. 718. MENTAL HEALTH COUNSELORS UNDER TRICARE.

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

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

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

[[Page S11155]]

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

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

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

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

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

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

     ``Sec. 120101. Organization

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

     ``Sec. 120102. Purposes

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

     ``Sec. 120103. Membership

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

     ``Sec. 120104. Governing body

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

     ``Sec. 120105. Powers

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

     ``Sec. 120106. Restrictions

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

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

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

     ``Sec. 120108. Records and inspection

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

     ``Sec. 120109. Service of process

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

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

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

     ``Sec. 120111. Annual report

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

     ``Sec. 120112. Definition

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

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

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

     ``Sec. 992. Consumer education: financial services

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

[[Page S11156]]

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

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

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

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

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

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

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

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

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

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

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

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

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

     SEC. 573. NATIONAL CALL TO SERVICE PROGRAM.

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

[[Page S11157]]

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

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

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

       (a) In General.--Subsection (e)(1) of section 513 of the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1880) is 
     amended by striking ``except that'' and all that follows 
     through the end and inserting ``except that--
       ``(A) in applying the first sentence of subsection (a) of 
     section 957 of such Act to the Commission, `may' shall be 
     substituted for `shall'; and
       ``(B) in applying subsections (a), (c)(2), and (e) of 
     section 957 of such Act to the Commission, `level IV of the 
     Executive Schedule' shall be substituted for `level V of the 
     Executive Schedule'.''.
       (b) Technical Amendment.--Subsection (c)(2)(C) of such 
     section is amended by striking ``section 404(a)(4)'' and 
     inserting ``section 416(a)(4)''.
       On page 305, strike line 2 and all that follows through 
     line 6, and insert the following:
       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal year 2006 for the procurement 
     accounts for the Air Force in the amounts as follows:
       (1) For aircraft, $323,200,000.
       (2) For other procurement, $51,900,000.
       (b) Availability of Certain Amounts.--Of the amounts 
     authorized to be appropriated by subsection (a)(1), 
     $218,500,000 shall be available for purposes as follows:
       (1) Procurement of Predator MQ-1 air vehicles, initial 
     spares, and RSP kits.
       (2) Procurement of Containerized Dual Control Station 
     Launch and Recovery Elements.
       (3) Procurement of a Fixed Ground Control Station.
       (4) Procurement of other upgrades to Predator MQ-1 Ground 
     Control Stations, spares, and signals intelligence packages.

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

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

                  TITLE XV--RECRUITMENT AND RETENTION

     SEC. 1501. SHORT TITLE.

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

     SEC. 1502. INCREASE IN MAXIMUM ENLISTMENT BONUS.

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

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

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

     SEC. 1504. INCREASE IN MAXIMUM AGE FOR ENLISTMENT.

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

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

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

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

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

     SEC. 1507. ENHANCEMENT OF EDUCATIONAL LOAN REPAYMENT 
                   AUTHORITIES.

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

     SEC. 1508. REPORT ON RESERVE DENTAL INSURANCE PROGRAM.

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

[[Page S11158]]

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

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

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

     SEC. 213. PROJECT SHERIFF.

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

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

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

     SEC. 213. MEDIUM TACTICAL VEHICLE MODIFICATIONS.

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

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

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

     SEC. 1411. TACTICAL WHEELED VEHICLES.

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

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

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

[[Page S11159]]

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

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

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

     SEC. 846. SMALL BUSINESS CONTRACTING IN OVERSEAS 
                   PROCUREMENTS.

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

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

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

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

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

[[Page S11160]]

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

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

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

     SEC. 846. RADIO FREQUENCY IDENTIFIER TECHNOLOGY.

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

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

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

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

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

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

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

     SEC. __. ENSURING TRANSPARENCY IN FEDERAL CONTRACTING.

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

[[Page S11161]]

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

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

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

     SEC. 304. NAVY HUMAN RESOURCES BENEFIT CALL CENTER.

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page S11162]]

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

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

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

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

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

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

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

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

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the use of ground source heat pumps at Department of 
     Defense facilities.
       (b) Content.--The report required under subsection (a) 
     shall include--
       (1) a description of the types of Department of Defense 
     facilities that use ground source heat pumps;
       (2) an assessment of the applicability and cost-
     effectiveness of the use of ground source heat pumps at 
     Department of Defense facilities in different geographic 
     regions of the United States;
       (3) a description of the relative applicability of ground 
     source heat pumps for purposes of new construction at, and 
     retrofitting of, Department of Defense facilities; and
       (4) recommendations for facilitating and encouraging the 
     increased use of ground source heat pumps at Department of 
     Defense facilities.
                                 ______
                                 
  SA 2050. Mr. SCHUMER submitted an amendment intended to be proposed 
to amendment SA 1955 proposed by Mr. Warner (for himself and Mr. Levin) 
to the bill H.R. 2863, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title XXXI of division C, 
     insert the following:

     SEC. 31__. MEDICAL ISOTOPE PRODUCTION.

       Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2160d) (as amended by section 630 of the Energy Policy Act of 
     2005 (Public Law 109-58; 119 Stat. 594)) is amended--
       (1) in subsection a., by striking ``Except as provided in 
     subsection b., the Commission'' and inserting ``The 
     Commission'';
       (2) by striking subsection b.; and
       (3) by redesignating subsection c. as subsection b.
                                 ______
                                 
  SA 2051. Mrs. CLINTON (for herself, Ms. Mikulski, Mr. Lautenberg, Mr. 
Harkin, Mr. Jeffords, Mr. Reed, Mr. Salazar, Mr. Obama, Mrs. Boxer, Ms. 
Stabenow, Mr. Corzine, Mr. Schumer, Mr. Durbin, Mrs. Feinstein, Mr. 
Feingold, Mr. Carper, Mr. Johnson, and Mr. Leahy) submitted an 
amendment intended to be proposed by her to the bill S. 1042, to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe personnel 
strengths for such fiscal year for the Armed Forces, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                      TITLE __--KATRINA COMMISSION

     SEC. __01. ESTABLISHMENT OF COMMISSION.

       There is established in the legislative branch the Katrina 
     Commission (in this title referred to as the ``Commission'').

     SEC. __02. COMPOSITION OF COMMISSION.

       (a) Members.--The Commission shall be composed of 10 
     members, of whom--
       (1) 1 member shall be appointed by the President, who shall 
     serve as chairman of the Commission;
       (2) 1 member shall be appointed by the leader of the Senate 
     (majority or minority leader, as the case may be) of the 
     Democratic Party, in consultation with the leader of the 
     House of Representatives (majority or

[[Page S11163]]

     minority leader, as the case may be) of the Democratic Party, 
     who shall serve as vice chairman of the Commission;
       (3) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Democratic Party;
       (4) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Republican Party;
       (5) 2 members shall be appointed by the senior member of 
     the Senate leadership of the Republican Party; and
       (6) 2 members shall be appointed by the senior member of 
     the leadership of the House of Representatives of the 
     Democratic Party.
       (b) Qualifications; Initial Meeting.--
       (1) Political party affiliation.--Not more than 5 members 
     of the Commission shall be from the same political party.
       (2) Nongovernmental appointees.--An individual appointed to 
     the Commission may not be an officer or employee of the 
     Federal Government or any State or local government.
       (3) Other qualifications.--It is the sense of Congress that 
     individuals appointed to the Commission should be prominent 
     United States citizens who represent a diverse range of 
     citizens and enjoy national recognition and significant depth 
     of experience in such professions as governmental service, 
     emergency preparedness, mitigation planning, cataclysmic 
     planning and response, intergovernmental management, resource 
     planning, recovery operations and planning, Federal 
     coordination, military coordination, and other extensive 
     natural disaster and emergency response experience.
       (4) Deadline for appointment.--All members of the 
     Commission shall be appointed on or before October 1, 2005.
       (5) Initial meeting.--The Commission shall meet and begin 
     the operations of the Commission as soon as practicable.
       (c) Quorum; Vacancies.--After its initial meeting, the 
     Commission shall meet upon the call of the chairman or a 
     majority of its members. Six members of the Commission shall 
     constitute a quorum. Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner in 
     which the original appointment was made.

     SEC. __03. DUTIES.

       The duties of the Commission are to--
       (1) examine and report upon the Federal, State, and local 
     response to the devastation wrought by Hurricane Katrina in 
     the Gulf Region of the United States of America especially in 
     the States of Louisiana, Mississippi, Alabama, and other 
     areas impacted in the aftermath;
       (2) ascertain, evaluate, and report on the information 
     developed by all relevant governmental agencies regarding the 
     facts and circumstances related to Hurricane Katrina prior to 
     striking the United States and in the days and weeks 
     following;
       (3) build upon concurrent and prior investigations of other 
     entities, and avoid unnecessary duplication concerning 
     information related to existing vulnerabilities;
       (4) make a full and complete accounting of the 
     circumstances surrounding the approach of Hurricane Katrina 
     to the Gulf States, and the extent of the United States 
     government's preparedness for, and response to, the 
     hurricane;
       (5) planning necessary for future cataclysmic events 
     requiring a significant marshaling of Federal resources, 
     mitigation, response, and recovery to avoid significant loss 
     of life;
       (6) an analysis as to whether any decisions differed with 
     respect to response and recovery for different communities, 
     neighborhoods, parishes, and locations and what problems 
     occurred as a result of a lack of a common plan, 
     communication structure, and centralized command structure; 
     and
       (7) investigate and report to the President and Congress on 
     its findings, conclusions, and recommendations for immediate 
     corrective measures that can be taken to prevent problems 
     with Federal response that occurred in the preparation for, 
     and in the aftermath of, Hurricane Katrina so that future 
     cataclysmic events are responded to adequately.

     SEC. __04. FUNCTIONS OF COMMISSION.

       (a) In General.--The functions of the Commission are to--
       (1) conduct an investigation that--
       (A) investigates relevant facts and circumstances relating 
     to the catastrophic impacts that Hurricane Katrina exacted 
     upon the Gulf Region of the United States especially in New 
     Orleans and surrounding parishes, and impacted areas of 
     Mississippi and Alabama; and
       (B) shall include relevant facts and circumstances relating 
     to--
       (i) Federal emergency response planning and execution at 
     the Federal Emergency Management Agency, the Department of 
     Homeland Security, the White House, and all other Federal 
     entities with responsibility for assisting during, and 
     responding to, natural disasters;
       (ii) military and law enforcement response planning and 
     execution;
       (iii) Federal mitigation plans, programs, and policies 
     including prior assessments of existing vulnerabilities and 
     exercises designed to test those vulnerabilities;
       (iv) Federal, State, and local communication 
     interoperability successes and failures;
       (v) past, present, and future Federal budgetary provisions 
     for preparedness, mitigation, response, and recovery;
       (vi) the Federal Emergency Management Agency's response 
     capabilities as an independent agency and as part of the 
     Department of Homeland Security;
       (vii) the role of congressional oversight and resource 
     allocation;
       (viii) other areas of the public and private sectors 
     determined relevant by the Commission for its inquiry; and
       (ix) long-term needs for people impacted by Hurricane 
     Katrina and other forms of Federal assistance necessary for 
     large-scale recovery;
       (2) identify, review, and evaluate the lessons learned from 
     Hurricane Katrina including coordination, management 
     policies, and procedures of the Federal Government, State and 
     local governments, and nongovernmental entities, relative to 
     detection, planning, mitigation, asset prepositioning, and 
     responding to cataclysmic natural disasters such as Hurricane 
     Katrina; and
       (3) submit to the President and Congress such reports as 
     are required by this title containing such findings, 
     conclusions, and recommendations as the Commission shall 
     determine, including proposing organization, coordination, 
     planning, management arrangements, procedures, rules, and 
     regulations.

     SEC. __05. POWERS OF COMMISSION.

       (a) In General.--
       (1) Hearings and evidence.--The Commission or, on the 
     authority of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out this Act--
       (A) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, 
     administer such oaths; and
       (B) subject to paragraph (2)(A), require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such books, records, correspondence, 
     memoranda, papers, and documents, as the Commission or such 
     designated subcommittee or designated member may determine 
     advisable.
       (2) Subpoenas.--
       (A) Issuance.--
       (i) In general.--A subpoena may be issued under this 
     subsection only--

       (I) by the agreement of the chairman and the vice chairman; 
     or
       (II) by the affirmative vote of 6 members of the 
     Commission.

       (ii) Signature.--Subject to clause (i), subpoenas issued 
     under this subsection may be issued under the signature of 
     the chairman or any member designated by a majority of the 
     Commission, and may be served by any person designated by the 
     chairman or by a member designated by a majority of the 
     Commission.
       (B) Enforcement.--
       (i) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under subsection (a), the United 
     States district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence. Any 
     failure to obey the order of the court may be punished by the 
     court as a contempt of that court.
       (ii) Additional enforcement.--In the case of any failure of 
     any witness to comply with any subpoena or to testify when 
     summoned under authority of this section, the Commission may, 
     by majority vote, certify a statement of fact constituting 
     such failure to the appropriate United States attorney, who 
     may bring the matter before the grand jury for its action, 
     under the same statutory authority and procedures as if the 
     United States attorney had received a certification under 
     sections 102 through 104 of the Revised Statutes of the 
     United States (2 U.S.C. 192 through 194).
       (b) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriation Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this title.
       (c) Information From Federal Agencies.--
       (1) In general.--The Commission is authorized to secure 
     directly from any executive department, bureau, agency, 
     board, commission, office, independent establishment, or 
     instrumentality of the Government, information, suggestions, 
     estimates, and statistics for the purposes of this title. 
     Each department, bureau, agency, board, commission, office, 
     independent establishment, or instrumentality shall, to the 
     extent authorized by law, furnish such information, 
     suggestions, estimates, and statistics directly to the 
     Commission, upon request made by the chairman, the chairman 
     of any subcommittee created by a majority of the Commission, 
     or any member designated by a majority of the Commission.
       (2) Receipt, handling, storage, and dissemination.--
     Information shall only be received, handled, stored, and 
     disseminated by members of the Commission and its staff 
     consistent with all applicable statutes, regulations, and 
     Executive orders.
       (d) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other departments and agencies.--In addition to the 
     assistance prescribed in paragraph (1), departments and 
     agencies of the United States may provide to the Commission 
     such services, funds, facilities, staff, and

[[Page S11164]]

     other support services as they may determine advisable and as 
     may be authorized by law.
       (e) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (f) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as departments and agencies of the United States.

     SEC. __06. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 
                   ACT.

       (a) In General.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (b) Public Meetings and Release of Public Versions of 
     Reports.--The Commission shall--
       (1) hold public hearings and meetings to the extent 
     appropriate; and
       (2) release public versions of the reports required under 
     section __10.
       (c) Public Hearings.--Any public hearings of the Commission 
     shall be conducted in a manner consistent with the protection 
     of information provided to or developed for or by the 
     Commission as required by any applicable statute, regulation, 
     or Executive order.

     SEC. __07. STAFF OF COMMISSION.

       (a) In General.--
       (1) Appointment and compensation.--The chairman, in 
     consultation with the vice chairman, in accordance with rules 
     agreed upon by the Commission, may appoint and fix the 
     compensation of a staff director and such other personnel as 
     may be necessary to enable the Commission to carry out its 
     functions, without regard to the provisions of title 5, 
     United States Code, governing appointments in the competitive 
     service, and without regard to the provisions of chapter 51 
     and subchapter III of chapter 53 of such title relating to 
     classification and General Schedule pay rates, except that no 
     rate of pay fixed under this subsection may exceed the 
     equivalent of that payable for a position at level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       (2) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (b) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (c) Consultant Services.--The Commission is authorized to 
     procure the services of experts and consultants in accordance 
     with section 3109 of title 5, United States Code, but at 
     rates not to exceed the daily rate paid a person occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.

     SEC. __08. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level IV 
     of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which that member is 
     engaged in the actual performance of the duties of the 
     Commission.
       (b) Travel Expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703(b) 
     of title 5, United States Code.

     SEC. __09. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The appropriate Federal agencies or departments shall 
     cooperate with the Commission in expeditiously providing to 
     the Commission members and staff appropriate security 
     clearances to the extent possible pursuant to existing 
     procedures and requirements, except that no person shall be 
     provided with access to classified information under this 
     title without the appropriate security clearances.

     SEC. __10. REPORTS OF COMMISSION; TERMINATION.

       (a) Interim Reports.--The Commission may submit to the 
     President and Congress interim reports containing such 
     findings, conclusions, and recommendations for corrective 
     measures as have been agreed to by a majority of Commission 
     members.
       (b) Final Report.--Not later than 6 months after the date 
     of the enactment of this title, the Commission shall submit 
     to the President and Congress a final report containing such 
     findings, conclusions, and recommendations for corrective 
     measures as have been agreed to by a majority of Commission 
     members.
       (c) Termination.--
       (1) In general.--The Commission, and all the authorities of 
     this Act, shall terminate 60 days after the date on which the 
     final report is submitted under subsection (b).
       (2) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in paragraph 
     (1) for the purpose of concluding its activities, including 
     providing testimony to committees of Congress concerning its 
     reports and disseminating the final report.

     SEC. __11. FUNDING.

       (a) Emergency Appropriation of Funds.--There are authorized 
     to be appropriated $3,000,000 for purposes of the activities 
     of the Commission under this title and such funding is 
     designated as emergency spending under section 402 of H. Con. 
     Res. 95 (109th Congress).
       (b) Duration of Availability.--Amounts made available to 
     the Commission under subsection (a) shall remain available 
     until the termination of the Commission.
                                 ______
                                 
  SA 2052. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 1955 proposed by Mr. Warner (for himself and Mr. Levin) to 
the bill H.R. 2863, making appropriations for the Department of Defense 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title XII of division A, as added by Senate 
     amendment No. 1955, add the following:

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

       (a) Authority.--The President may authorize building the 
     capacity of partner nations' military or security forces to 
     disrupt or destroy terrorist networks, close safe havens, or 
     participate in or support United States, coalition, or 
     international military or stability operations.
       (b) Types of Partnership Security Capacity Building.--The 
     partnership security capacity building authorized under 
     subsection (a) may include the provision of equipment, 
     supplies, services, training, and funding.
       (c) Availability of Funds.--The Secretary of Defense may, 
     at the request of the Secretary of State, support partnership 
     security capacity building as authorized under subsection (a) 
     including by transferring funds available to the Department 
     of Defense to the Department of State, or to any other 
     Federal agency. Any funds so transferred shall remain 
     available until expended. The amount of such partnership 
     security capacity building provided by the Department of 
     Defense under this section may not exceed $750,000,000 in any 
     fiscal year.
       (d) Congressional Notification.--Before building 
     partnership security capacity under this section, the 
     Secretaries of State and Defense shall submit to their 
     congressional oversight committees a notification of the 
     nations designated by the President with which partnership 
     security capacity will be built under this section and the 
     nature and amounts of security capacity building to occur. 
     Any such notification shall be submitted not less than 7 days 
     before the provision of such partnership security capacity 
     building.
       (e) Complementary Authority.--The authority to build 
     partnership security capacity under this section is in 
     addition to any other authority of the Department of Defense 
     to provide assistance to a foreign country.
       (f) Military and Security Forces Defined.--In this section, 
     the term ``military and security forces'' includes armies, 
     guard, border security, civil defense, infrastructure 
     protection, and police forces.

     SEC. __. SECURITY AND STABILIZATION ASSISTANCE.

       (a) In General.--Notwithstanding any other provision of 
     law, upon a request from the Secretary of State and upon a 
     determination by the Secretary of Defense that an unforeseen 
     emergency exists that requires immediate reconstruction, 
     security, or stabilization assistance to a foreign country 
     for the purpose of restoring or maintaining peace and 
     security in that country, and that the provision of such 
     assistance is in the national security interests of the 
     United States, the Secretary of Defense may authorize the use 
     or transfer of defense articles, services, training or other 
     support, including support acquired by contract or otherwise, 
     to provide such assistance.
       (b) Availability of Funds.--Subject to subsection (a), the 
     Secretary of Defense may transfer funds available to the 
     Department of Defense to the Department of State, or to any 
     other Federal agency, to carry out the purposes of this 
     section, and funds so transferred shall remain available 
     until expended.
       (c) Limitation.--The aggregate value of assistance provided 
     or funds transferred under the authority of this section may 
     not exceed $200,000,000.
       (d) Complementary Authority.--The authority to provide 
     assistance under this section shall be in addition to any 
     other authority to provide assistance to a foreign country.
       (e) Expiration.--The authority in this section shall expire 
     on September 30, 2006.

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