[Congressional Record Volume 151, Number 164 (Sunday, December 18, 2005)]
[House]
[Pages H12739-H13175]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 1815, NATIONAL DEFENSE AUTHORIZATION ACT FOR 
                            FISCAL YEAR 2006

  Mr. HUNTER submitted the following conference report and statement on 
the bill (H.R. 1815) to authorize appropriations for fiscal year 2006 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes:

                  Conference Report (H. Rept. 109-360)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     1815), to authorize appropriations for fiscal year 2006 for 
     military activities of the Department of Defense, for 
     military construction, and for defense activities of the 
     Department of Energy, to prescribe military personnel 
     strengths for such fiscal year, and for other purposes, 
     having met, after full and free conference, have agreed to 
     recommend and do recommend to their respective Houses as 
     follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

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

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

       (a) Divisions.--This Act is organized into three divisions 
     as follows:
       (1) Division A--Department of Defense Authorizations.
       (2) Division B--Military Construction Authorizations.
       (3) Divisions C--Department of Energy National Security 
     Authorizations and Other Authorizations.NOTICE

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By order of the Joint Committee on Printing.
                                                                
TRENT LOTT, Chairman.

[[Page H12740]]

  

       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

            Division A--Department of Defense Authorizations

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.

                       Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for utility helicopters.
Sec. 112. Multiyear procurement authority for modernized target 
              acquisition designation sight/pilot night vision sensors 
              for AH-64 Apache attack helicopters.
Sec. 113. Multiyear procurement authority for conversion of AH-64A 
              Apache attack helicopters to the AH-64D Block II 
              configuration.
Sec. 114. Acquisition strategy for tactical wheeled vehicle programs.
Sec. 115. Report on Army Modular Force Initiative.

                       Subtitle C--Navy Programs

Sec. 121. Virginia-class submarine program.
Sec. 122. LHA Replacement (LHA(R)) amphibious assault ship program.
Sec. 123. Cost limitation for next-generation destroyer program.
Sec. 124. Littoral Combat Ship (LCS) program.
Sec. 125. Prohibition on acquisition of next-generation destroyer 
              through a single shipyard.
Sec. 126. Aircraft carrier force structure.
Sec. 127. Refueling and complex overhaul of the U.S.S. Carl Vinson.
Sec. 128. CVN-78 aircraft carrier.
Sec. 129. LHA Replacement (LHA(R)) ship.
Sec. 130. Report on alternative propulsion methods for surface 
              combatants and amphibious warfare ships.

                     Subtitle D--Air Force Programs

Sec. 131. C-17 aircraft program and assessment of intertheater airlift 
              requirements.
Sec. 132. Prohibition on retirement of KC-135E aircraft.
Sec. 133. Prohibition on retirement of F-117 aircraft during fiscal 
              year 2006.
Sec. 134. Prohibition on retirement of C-130E/H tactical airlift 
              aircraft during fiscal year 2006.
Sec. 135. Procurement of C-130J/KC-130J aircraft after fiscal year 
              2005.
Sec. 136. Report on Air Force aircraft aeromedical evacuation programs.

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Requirement that tactical unmanned aerial vehicles use 
              specified standard data link.
Sec. 142. Limitation on initiation of new unmanned aerial vehicle 
              systems.
Sec. 143. Advanced SEAL Delivery System.

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

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Annual Comptroller General report on Future Combat Systems 
              program.
Sec. 212. Contract for the procurement of the Future Combat Systems 
              (FCS).
Sec. 213. Limitations on systems development and demonstration of 
              manned ground vehicles under Armored Systems 
              Modernization program.
Sec. 214. Separate program elements required for significant systems 
              development and demonstration projects for Armored 
              Systems Modernization program.
Sec. 215. Initiation of program to design and develop next-generation 
              nuclear attack submarine.
Sec. 216. Extension of requirements relating to management 
              responsibility for naval mine countermeasures programs.
Sec. 217. Single set of requirements for Army and Marine Corps heavy 
              lift rotorcraft program.
Sec. 218. Requirements for development of tactical radio communications 
              systems.
Sec. 219. Limitation on systems development and demonstration of 
              Personnel Recovery Vehicle.
Sec. 220. Limitation on VXX helicopter program.
Sec. 221. Report on testing of Internet Protocol version 6.

                  Subtitle C--Missile Defense Programs

Sec. 231. Report on capabilities and costs for operational boost/
              ascent-phase missile defense systems.
Sec. 232. One-year extension of Comptroller General assessments of 
              ballistic missile defense programs.
Sec. 233. Fielding of ballistic missile defense capabilities.
Sec. 234. Plans for test and evaluation of operational capability of 
              the ballistic missile defense system.

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

Sec. 241. Pilot program for identification and transition of advanced 
              manufacturing processes and technologies.
Sec. 242. Transition of transformational manufacturing processes and 
              technologies to defense manufacturing base.
Sec. 243. Manufacturing technology strategies.
Sec. 244. Report.
Sec. 245. Definitions.

                       Subtitle E--Other Matters

Sec. 251. Comptroller General report on program element structure for 
              research, development, test, and evaluation projects.
Sec. 252. Research and development efforts for purposes of small 
              business research.
Sec. 253. Revised requirements relating to submission of Joint 
              Warfighting Science and Technology Plan.
Sec. 254. Report on efficiency of naval shipbuilding industry.
Sec. 255. Technology transition.
Sec. 256. Prevention, mitigation, and treatment of blast injuries.
Sec. 257. Modification of requirements for annual report on DARPA 
              program to award cash prizes for advanced technology 
              achievements.
Sec. 258. Designation of facilities and resources constituting the 
              Major Range and Test Facility Base.
Sec. 259. Report on cooperation between Department of Defense and 
              National Aeronautics and Space Administration on 
              research, development, test, and evaluation activities.
Sec. 260. Delayed effective date for limitation on procurement of 
              systems not GPS-equipped.
Sec. 261. Report on development and use of robotics and unmanned ground 
              vehicle systems.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.

                  Subtitle B--Environmental Provisions

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

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Modification of authority of Army working-capital funded 
              facilities to engage in cooperative activities with non-
              Army entities.
Sec. 322. Limitation on transition of funding for east coast shipyards 
              from funding through Navy working capital fund to direct 
              funding.
Sec. 323. Armament Retooling and Manufacturing Support Initiative 
              matters.
Sec. 324. Sense of Congress regarding depot maintenance.

              Subtitle D--Extension of Program Authorities

Sec. 331. Extension of authority to provide logistics support and 
              services for weapons systems contractors.
Sec. 332. Extension of period for reimbursement for certain protective, 
              safety, or health equipment purchased by or for members 
              of the Armed Forces deployed in contingency operations.

                        Subtitle E--Outsourcing

Sec. 341. Public-private competition.
Sec. 342. Contracting for procurement of certain supplies and services.
Sec. 343. Performance of certain work by Federal Government employees.
Sec. 344. Extension of temporary authority for contractor performance 
              of security-guard functions.

             Subtitle F--Analysis, Strategies, and Reports

Sec. 351. Report on Department of Army programs for prepositioning of 
              equipment and other materiel.
Sec. 352. Reports on budget models used for base operations support, 
              sustainment, and facilities recapitalization.
Sec. 353. Army training strategy for brigade-based combat teams and 
              functional supporting brigades.
Sec. 354. Report regarding effect on military readiness of undocumented 
              immigrants trespassing upon operational ranges.
Sec. 355. Report regarding management of Army lodging.
Sec. 356. Comptroller General report on corrosion prevention and 
              mitigation programs of the Department of Defense.
Sec. 357. Study on use of biodiesel and ethanol fuel.
Sec. 358. Report on effects of windmill farms on military readiness.
Sec. 359. Report on space-available travel for certain disabled 
              veterans and gray-area retirees.
Sec. 360. Report on joint field training and experimentation on 
              stability, security, transition, and reconstruction 
              operations.
Sec. 361. Reports on budgeting relating to sustainment of key military 
              equipment.
Sec. 362. Repeal of Air Force report on military installation 
              encroachment issues.

                       Subtitle G--Other Matters

Sec. 371. Supervision and management of Defense Business Transformation 
              Agency.

[[Page H12741]]

Sec. 372. Codification and revision of limitation on modification of 
              major items of equipment scheduled for retirement or 
              disposal.
Sec. 373. Limitation on purchase of investment items with operation and 
              maintenance funds.
Sec. 374. Operation and use of general gift funds of the Department of 
              Defense and Coast Guard.
Sec. 375. Inclusion of packet based telephony in Department of Defense 
              telecommunications benefit.
Sec. 376. Limitation on financial management improvement and audit 
              initiatives within Department of Defense.
Sec. 377. Provision of welfare of special category residents at Naval 
              Station Guantanamo Bay, Cuba.
Sec. 378. Commemoration of success of the Armed Forces in Operation 
              Enduring Freedom and Operation Iraqi Freedom.

                Subtitle H--Utah Test and Training Range

Sec. 381. Definitions.
Sec. 382. Military operations and overflights, Utah Test and Training 
              Range.
Sec. 383. Analysis of military readiness and operational impacts in 
              planning process for Federal lands in Utah Test and 
              Training Range.
Sec. 384. Designation and management of Cedar Mountain Wilderness, 
              Utah.
Sec. 385. Relation to other lands.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum 
              levels.
Sec. 403. Additional authority for increases of Army and Marine Corps 
              active duty end strengths for fiscal years 2007 through 
              2009.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
              reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2006 limitation on number of non-dual status 
              technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on 
              active duty for operational support.

              Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Temporary increase in percentage limits on reduction of time-
              in-grade requirements for retirement in grade upon 
              voluntary retirement.
Sec. 502. Two-year renewal of temporary authority to reduce minimum 
              length of commissioned service required for voluntary 
              retirement as an officer.
Sec. 503. Exclusion from active-duty general and flag officer 
              distribution and strength limitations of officers on 
              leave pending separation or retirement or between senior 
              positions.
Sec. 504. Consolidation of grade limitations on officer assignment and 
              insignia practice known as frocking.
Sec. 505. Clarification of deadline for receipt by promotion selection 
              boards of certain communications from eligible officers.
Sec. 506. Furnishing to promotion selection boards of adverse 
              information on officers eligible for promotion to certain 
              senior grades.
Sec. 507. Applicability of officer distribution and strength 
              limitations to officers serving in intelligence community 
              positions.
Sec. 508. Grades of the Judge Advocates General.
Sec. 509. Authority to retain permanent professors at the Naval Academy 
              beyond 30 years of active commissioned service.
Sec. 510. Authority for designation of a general/flag officer position 
              on the Joint Staff to be held by reserve component 
              general or flag officer on active duty.

                Subtitle B--Reserve Component Management

Sec. 511. Separation at age 64 for reserve component senior officers.
Sec. 512. Modification of strength-in-grade limitations applicable to 
              Reserve flag officers in active status.
Sec. 513. Military technicians (dual status) mandatory separation.
Sec. 514. Military retirement credit for certain service by National 
              Guard members performed while in a State duty status 
              immediately after the terrorist attacks of September 11, 
              2001.
Sec. 515. Redesignation of the Naval Reserve as the Navy Reserve.
Sec. 516. Clarification of certain authorities relating to the 
              Commission on the National Guard and Reserves.
Sec. 517. Report on employment matters for members of the reserve 
              components.
Sec. 518. Defense Science Board study on deployment of members of the 
              National Guard and Reserves in the Global War on 
              Terrorism.
Sec. 519. Sense of Congress on certain matters relating to the National 
              Guard and Reserves.
Sec. 520. Pilot program on enhanced quality of life for members of the 
              Army Reserve and their families.

                   Subtitle C--Education and Training

            Part I--Department of Defense Schools Generally

Sec. 521. Authority for National Defense University award of degree of 
              Master of Science in Joint Campaign Planning and 
              Strategy.
Sec. 522. Authority for certain professional military education schools 
              to receive faculty research grants for certain purposes.

            Part II--United States Naval Postgraduate School

Sec. 523. Revision to mission of the Naval Postgraduate School.
Sec. 524. Modification of eligibility for position of President of the 
              Naval Postgraduate School.
Sec. 525. Increased enrollment for eligible defense industry employees 
              in the defense product development program at Naval 
              Postgraduate School.
Sec. 526. Instruction for enlisted personnel by the Naval Postgraduate 
              School.

               Part III--Reserve Officers' Training Corps

Sec. 531. Repeal of limitation on amount of financial assistance under 
              ROTC scholarship programs.
Sec. 532. Increase in annual limit on number of ROTC scholarships under 
              Army Reserve and National Guard program.
Sec. 533. Procedures for suspending financial assistance and 
              subsistence allowance for Senior ROTC cadets and 
              midshipmen on the basis of health-related conditions.
Sec. 534. Eligibility of United States nationals for appointment to the 
              Senior Reserve Officers' Training Corps.
Sec. 535. Promotion of foreign language skills among members of the 
              Reserve Officers' Training Corps.
Sec. 536. Designation of Ike Skelton Early Commissioning Program 
              scholarships.

                         Part IV--Other Matters

Sec. 537. Enhancement of educational loan repayment authorities.
Sec. 538. Payment of expenses of members of the Armed Forces to obtain 
              professional credentials.
Sec. 539. Use of Reserve Montgomery GI Bill benefits and benefits for 
              mobilized members of the Selected Reserve and National 
              Guard for payments for licensing or certification tests.
Sec. 540. Modification of educational assistance for Reserves 
              supporting contingency and other operations.

                Subtitle D--General Service Requirements

Sec. 541. Ground combat and other exclusion policies.
Sec. 542. Uniform citizenship or residency requirements for enlistment 
              in the Armed Forces.
Sec. 543. Increase in maximum age for enlistment.
Sec. 544. Increase in maximum term of original enlistment in regular 
              component.
Sec. 545. National Call to Service program.
Sec. 546. Reports on information provided to potential recruits and to 
              new entrants into the Armed Forces on ``stop loss'' 
              authorities and initial period of military service 
              obligation.

       Subtitle E--Military Justice and Legal Assistance Matters

Sec. 551. Offense of stalking under the Uniform Code of Military 
              Justice.
Sec. 552. Rape, sexual assault, and other sexual misconduct under 
              Uniform Code of Military Justice.
Sec. 553. Extension of statute of limitations for murder, rape, and 
              child abuse offenses under the Uniform Code of Military 
              Justice.
Sec. 554. Reports by officers and senior enlisted members of conviction 
              of criminal law.
Sec. 555. Clarification of authority of military legal assistance 
              counsel to provide military legal assistance without 
              regard to licensing requirements.
Sec. 556. Use of teleconferencing in administrative sessions of courts-
              martial.
Sec. 557. Sense of Congress on applicability of Uniform Code of 
              Military Justice to Reserves on inactive-duty training 
              overseas.

               Subtitle F--Matters Relating to Casualties

Sec. 561. Authority for members on active duty with disabilities to 
              participate in Paralympic Games.
Sec. 562. Policy and procedures on casualty assistance to survivors of 
              military decedents.
Sec. 563. Policy and procedures on assistance to severely wounded or 
              injured service members.
Sec. 564. Designation by members of the Armed Forces of persons 
              authorized to direct the disposition of member remains.

   Subtitle G--Assistance to Local Educational Agencies for Defense 
                          Dependents Education

Sec. 571. Expansion of authorized enrollment in Department of Defense 
              dependents schools overseas.
Sec. 572. Assistance to local educational agencies that benefit 
              dependents of members of the Armed Forces and Department 
              of Defense civilian employees.

[[Page H12742]]

Sec. 573. Impact aid for children with severe disabilities.
Sec. 574. Continuation of impact aid assistance on behalf of dependents 
              of certain members despite change in status of member.

                   Subtitle H--Decorations and Awards

Sec. 576. Eligibility for Operation Enduring Freedom campaign medal.

                Subtitle I--Consumer Protection Matters

Sec. 577. Requirement for regulations on policies and procedures on 
              personal commercial solicitations on Department of 
              Defense installations.
Sec. 578. Consumer education for members of the Armed Forces and their 
              spouses on insurance and other financial services.
Sec. 579. Report on predatory lending practices directed at members of 
              the Armed Forces and their dependents.

          Subtitle J--Reports and Sense of Congress Statements

Sec. 581. Report on need for a personnel plan for linguists in the 
              Armed Forces.
Sec. 582. Sense of Congress that colleges and universities give equal 
              access to military recruiters and ROTC in accordance with 
              the Solomon Amendment and requirement for report to 
              Congress.
Sec. 583. Sense of Congress concerning study of options for providing 
              homeland defense education.
Sec. 584. Sense of Congress recognizing the diversity of the members of 
              the Armed Forces serving in Operation Iraqi Freedom and 
              Operation Enduring Freedom and honoring their sacrifices 
              and the sacrifices of their families.

                       Subtitle K--Other Matters

Sec. 589. Expansion and enhancement of authority to present recognition 
              items for recruitment and retention purposes.
Sec. 590. Extension of date of submittal of report of Veterans' 
              Disability Benefits Commission.
Sec. 591. Recruitment and enlistment of home-schooled students in the 
              Armed Forces.
Sec. 592. Modification of requirement for certain intermediaries under 
              certain authorities relating to adoptions.
Sec. 593. Adoption leave for members of the Armed Forces adopting 
              children.
Sec. 594. Addition of information to be covered in mandatory 
              preseparation counseling.
Sec. 595. Report on Transition Assistance Programs.
Sec. 596. Improvement to Department of Defense capacity to respond to 
              sexual assault affecting members of the Armed Forces.
Sec. 597. Authority for appointment of Coast Guard flag officer as 
              Chief of Staff to the President.
Sec. 598. Prayer at military service academy activities.
Sec. 599. Modification of authority to make military working dogs 
              available for adoption.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2006.
Sec. 602. Additional pay for permanent military professors at United 
              States Naval Academy with over 36 years of service.
Sec. 603. Basic pay rates for reserve component members selected to 
              attend military service academy preparatory schools.
Sec. 604. Clarification of restriction on compensation for 
              correspondence courses.
Sec. 605. Enhanced authority for agency contributions for members of 
              the Armed Forces participating in the Thrift Savings 
              Plan.
Sec. 606. Pilot program on contributions to Thrift Savings Plan for 
              initial enlistees in the Army.
Sec. 607. Prohibition against requiring certain injured members to pay 
              for meals provided by military treatment facilities.
Sec. 608. Permanent authority for supplemental subsistence allowance 
              for low-income members with dependents.
Sec. 609. Increase in basic allowance for housing and extension of 
              temporary lodging expenses authority for areas subject to 
              major disaster declaration or for installations 
              experiencing sudden increase in personnel levels.
Sec. 610. Basic allowance for housing for reserve component members.
Sec. 611. Permanent increase in length of time dependents of certain 
              deceased members may continue to occupy military family 
              housing or receive basic allowance for housing.
Sec. 612. Overseas cost of living allowance.
Sec. 613. Allowance to cover portion of monthly deduction from basic 
              pay for Servicemembers' Group Life Insurance coverage for 
              members serving in Operation Enduring Freedom or 
              Operation Iraqi Freedom.
Sec. 614. Income replacement payments for Reserves experiencing 
              extended and frequent mobilization for active duty 
              service.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 621. Extension or resumption of certain bonus and special pay 
              authorities for reserve forces.
Sec. 622. Extension of certain bonus and special pay authorities for 
              certain health care professionals.
Sec. 623. Extension of special pay and bonus authorities for nuclear 
              officers.
Sec. 624. Extension of other bonus and special pay authorities.
Sec. 625. Eligibility of oral and maxillofacial surgeons for incentive 
              special pay.
Sec. 626. Eligibility of dental officers for additional special pay.
Sec. 627. Increase in maximum monthly rate authorized for hardship duty 
              pay.
Sec. 628. Flexible payment of assignment incentive pay.
Sec. 629. Active-duty reenlistment bonus.
Sec. 630. Reenlistment bonus for members of the Selected Reserve.
Sec. 631. Consolidation and modification of bonuses for affiliation or 
              enlistment in the Selected Reserve.
Sec. 632. Expansion and enhancement of special pay for enlisted members 
              of the Selected Reserve assigned to certain high priority 
              units.
Sec. 633. Eligibility requirements for prior service enlistment bonus.
Sec. 634. Increase and enhancement of affiliation bonus for officers of 
              the Selected Reserve.
Sec. 635. Increase in authorized maximum amount of enlistment bonus.
Sec. 636. Discretion of Secretary of Defense to authorize retroactive 
              hostile fire and imminent danger pay.
Sec. 637. Increase in maximum bonus amount for nuclear-qualified 
              officers extending period of active duty.
Sec. 638. Increase in maximum amount of nuclear career annual incentive 
              bonus for nuclear-qualified officers trained while 
              serving as enlisted members.
Sec. 639. Uniform payment of foreign language proficiency pay to 
              eligible reserve component members and regular component 
              members.
Sec. 640. Retention bonus for members qualified in certain critical 
              skills or assigned to high priority units.
Sec. 641. Incentive bonus for transfer between Armed Forces.
Sec. 642. Availability of special pay for members during rehabilitation 
              from wounds, injuries, and illnesses incurred in a combat 
              operation or combat zone.
Sec. 643. Pay and benefits to facilitate voluntary separation of 
              targeted members of the Armed Forces.
Sec. 644. Ratification of payment of critical-skills accession bonus 
              for persons enrolled in Senior Reserve Officers' Training 
              Corps obtaining nursing degrees.
Sec. 645. Temporary authority to pay bonus to encourage members of the 
              Army to refer other persons for enlistment in the Army.

            Subtitle C--Travel and Transportation Allowances

Sec. 651. Authorized absences of members for which lodging expenses at 
              temporary duty location may be paid.
Sec. 652. Extended period for selection of home for travel and 
              transportation allowances for dependents of deceased 
              members.
Sec. 653. Transportation of family members in connection with the 
              repatriation of members held captive.
Sec. 654. Increased weight allowances for shipment of household goods 
              of senior noncommissioned officers.
Sec. 655. Permanent authority to provide travel and transportation 
              allowances for family members to visit hospitalized 
              members of the Armed Forces injured in combat operation 
              or combat zone.

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 661. Monthly disbursement to States of State income tax withheld 
              from retired or retainer pay.
Sec. 662. Denial of certain burial-related benefits for individuals who 
              committed a capital offense.
Sec. 663. Concurrent receipt of veterans disability compensation and 
              military retired pay.
Sec. 664. Additional amounts of death gratuity for survivors of certain 
              members of the Armed Forces dying on active duty.
Sec. 665. Child support for certain minor children of retirement-
              eligible members convicted of domestic violence resulting 
              in death of child's other parent.
Sec. 666. Comptroller General report on actuarial soundness of the 
              Survivor Benefit Plan.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality 
                                Benefits

Sec. 671. Increase in authorized level of supplies and services 
              procurement from overseas exchange stores.
Sec. 672. Requirements for private operation of commissary store 
              functions.
Sec. 673. Provision of and payment for overseas transportation services 
              for commissary and exchange supplies and products.
Sec. 674. Compensatory time off for certain nonappropriated fund 
              employees.
Sec. 675. Rest and recuperation leave programs.

[[Page H12743]]

                       Subtitle F--Other Matters

Sec. 681. Temporary Army authority to provide additional recruitment 
              incentives.
Sec. 682. Clarification of leave accrual for members assigned to a 
              deployable ship or mobile unit or other duty.
Sec. 683. Expansion of authority to remit or cancel indebtedness of 
              members of the Armed Forces incurred on active duty.
Sec. 684. Loan repayment program for chaplains in the Selected Reserve.
Sec. 685. Inclusion of Senior Enlisted Advisor for the Chairman of the 
              Joint Chiefs of Staff among senior enlisted members of 
              the Armed Forces.
Sec. 686. Special and incentive pays considered for saved pay upon 
              appointment of members as officers.
Sec. 687. Repayment of unearned portion of bonuses, special pays, and 
              educational benefits.
Sec. 688. Rights of members of the Armed Forces and their dependents 
              under Housing and Urban Development Act of 1968.
Sec. 689. Extension of eligibility for SSI for certain individuals in 
              families that include members of the Reserve and National 
              Guard.
Sec. 690. Information for members of the Armed Forces and their 
              dependents on rights and protections of the 
              Servicemembers Civil Relief Act.

                   TITLE VII--HEALTH CARE PROVISIONS

        Subtitle A--Improvements to Health Benefits for Reserves

Sec. 701. Enhancement of TRICARE Reserve Select program.
Sec. 702. Expanded eligibility of members of the Selected Reserve under 
              the TRICARE program.

                Subtitle B--TRICARE Program Improvements

Sec. 711. Additional information required by surveys on TRICARE 
              Standard.
Sec. 712. Availability of chiropractic health care services.
Sec. 713. Surviving-dependent eligibility under TRICARE dental plan for 
              surviving spouses who were on active duty at time of 
              death of military spouse.
Sec. 714. Exceptional eligibility for TRICARE Prime Remote.
Sec. 715. Increased period of continued TRICARE Prime coverage of 
              children of members of the uniformed services who die 
              while serving on active duty for a period of more than 30 
              days.
Sec. 716. TRICARE Standard in TRICARE Regional Offices.
Sec. 717. Qualifications for individuals serving as TRICARE Regional 
              Directors.

              Subtitle C--Mental Health-Related Provisions

Sec. 721. Program for mental health awareness for dependents and pilot 
              project on post traumatic stress disorder.
Sec. 722. Pilot projects on early diagnosis and treatment of post 
              traumatic stress disorder and other mental health 
              conditions.
Sec. 723. Department of Defense task force on mental health.

                    Subtitle D--Studies and Reports

Sec. 731. Study relating to predeployment and postdeployment medical 
              exams of certain members of the Armed Forces.
Sec. 732. Requirements for physical examinations and medical and dental 
              readiness for members of the Selected Reserve not on 
              active duty.
Sec. 733. Report on delivery of health care benefits through the 
              military health care system.
Sec. 734. Comptroller General studies and report on differential 
              payments to children's hospitals for health care for 
              children dependents and maximum allowable charge for 
              obstetrical care services under TRICARE.
Sec. 735. Report on the Department of Defense AHLTA global electronic 
              health record system.
Sec. 736. Comptroller General study and report on Vaccine Healthcare 
              Centers.
Sec. 737. Report on adverse health events associated with use of anti-
              malarial drugs.
Sec. 738. Report on Reserve dental insurance program.
Sec. 739. Demonstration project study on Medicare Advantage regional 
              preferred provider organization option for TRICARE-
              medicare dual-eligible beneficiaries.
Sec. 740. Pilot projects on pediatric early literacy among children of 
              members of the Armed Forces.

                       Subtitle E--Other Matters

Sec. 741. Authority to relocate patient safety center; renaming 
              MedTeams Program.
Sec. 742. Modification of health care quality information and 
              technology enhancement reporting requirement.
Sec. 743. Correction to eligibility of certain Reserve officers for 
              military health care pending active duty following 
              commissioning.
Sec. 744. Prohibition on conversions of military medical and dental 
              positions to civilian medical positions until submission 
              of certification.
Sec. 745. Clarification of inclusion of dental care in medical 
              readiness tracking and health surveillance program.
Sec. 746. Cooperative outreach to members and former members of the 
              naval service exposed to environmental factors related to 
              sarcoidosis.
Sec. 747. Repeal of requirement for Comptroller General reviews of 
              certain Department of Defense-Department of Veterans 
              Affairs projects on sharing of health care resources.
Sec. 748. Pandemic avian flu preparedness.
Sec. 749. Follow up assistance for members of the Armed Forces after 
              preseparation physical examinations.
Sec. 750. Policy on role of military medical and behavioral science 
              personnel in interrogation of detainees.

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

 Subtitle A--Provisions Relating to Major Defense Acquisition Programs

Sec. 801. Requirement for certification before major defense 
              acquisition program may proceed to Milestone B.
Sec. 802. Requirements applicable to major defense acquisition programs 
              exceeding baseline costs.
Sec. 803. Requirement for determination by Secretary of Defense and 
              notification to Congress before procurement of major 
              weapon systems as commercial items.
Sec. 804. Reports on significant increases in program acquisition unit 
              costs or procurement unit costs of major defense 
              acquisition programs.
Sec. 805. Report on use of lead system integrators in the acquisition 
              of major systems.
Sec. 806. Congressional notification of cancellation of major automated 
              information systems.

             Subtitle B--Acquisition Policy and Management

Sec. 811. Internal controls for procurements on behalf of the 
              Department of Defense.
Sec. 812. Management structure for the procurement of contract 
              services.
Sec. 813. Report on service surcharges for purchases made for military 
              departments through other Department of Defense agencies.
Sec. 814. Review of defense acquisition structures and capabilities.
Sec. 815. Modification of requirements applicable to contracts 
              authorized by law for certain military materiel.
Sec. 816. Guidance on use of tiered evaluations of offers for contracts 
              and task orders under contracts.
Sec. 817. Joint policy on contingency contracting.
Sec. 818. Acquisition strategy for commercial satellite communication 
              services.
Sec. 819. Authorization of evaluation factor for defense contractors 
              employing or subcontracting with members of the Selected 
              Reserve of the reserve components of the Armed Forces.

Subtitle C--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

Sec. 821. Participation by Department of Defense in acquisition 
              workforce training fund.
Sec. 822. Increase in cost accounting standard threshold.
Sec. 823. Modification of authority to carry out certain prototype 
              projects.
Sec. 824. Increased limit applicable to assistance provided under 
              certain procurement technical assistance programs.

      Subtitle D--United States Defense Industrial Base Provisions

Sec. 831. Clarification of exception from Buy American requirements for 
              procurement of perishable food for establishments outside 
              the United States.
Sec. 832. Training for defense acquisition workforce on the 
              requirements of the Berry Amendment.
Sec. 833. Amendments to domestic source requirements relating to 
              clothing materials and components covered.

                       Subtitle E--Other Matters

Sec. 841. Review and report on Department of Defense efforts to 
              identify contract fraud, waste, and abuse.
Sec. 842. Extension of contract goal for small disadvantaged businesses 
              and certain institutions of higher education.
Sec. 843. Extension of deadline for report of advisory panel on laws 
              and regulations on acquisition practices.
Sec. 844. Exclusion of certain security expenses from consideration for 
              purpose of small business size standards.
Sec. 845. Disaster relief for small business concerns damaged by 
              drought.
Sec. 846. Extension of limited acquisition authority for the commander 
              of the United States Joint Forces Command.
Sec. 847. Civilian Board of Contract Appeals.
Sec. 848. Statement of policy and report relating to contracting with 
              employers of persons with disabilities.
Sec. 849. Study on Department of Defense contracting with small 
              business concerns owned and controlled by service-
              disabled veterans.

[[Page H12744]]

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

      Subtitle A--General Department of Defense Management Matters

Sec. 901. Parity in pay levels among Under Secretary positions.
Sec. 902. Expansion of eligibility for leadership of Department of 
              Defense Test Resource Management Center.
Sec. 903. Standardization of authority for acceptance of gifts and 
              donations for Department of Defense regional centers for 
              security studies.
Sec. 904. Directors of Small Business Programs in Department of Defense 
              and military departments.
Sec. 905. Plan to defend the homeland against cruise missiles and other 
              low-altitude aircraft.
Sec. 906. Provision of audiovisual support services by White House 
              Communications Agency on nonreimbursable basis.
Sec. 907. Report on establishment of a Deputy Secretary of Defense for 
              Management.
Sec. 908. Responsibility of the Joint Chiefs of Staff as military 
              advisers to the Homeland Security Council.
Sec. 909. Improvement in health care services for residents of Armed 
              Forces Retirement Home.

                      Subtitle B--Space Activities

Sec. 911. Space Situational Awareness Strategy and space control 
              mission review.
Sec. 912. Military satellite communications.
Sec. 913. Operationally responsive space.
Sec. 914. Report on use of Space Radar for topographical mapping for 
              scientific and civil purposes.
Sec. 915. Sense of Congress regarding national security aspect of 
              United States preeminence in human spaceflight.

             Subtitle C--Chemical Demilitarization Program

Sec. 921. Clarification of Cooperative Agreement Authority under 
              Chemical Demilitarization Program.
Sec. 922. Chemical demilitarization facilities.

                Subtitle D--Intelligence-Related Matters

Sec. 931. Department of Defense Strategy for Open-Source Intelligence.
Sec. 932. Comprehensive inventory of Department of Defense Intelligence 
              and Intelligence-related programs and projects.
Sec. 933. Operational files of the Defense Intelligence Agency.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Authorization of emergency supplemental appropriations for 
              fiscal years 2005 and 2006.
Sec. 1003. Increase in fiscal year 2005 general transfer authority.
Sec. 1004. Reports on feasibility and desirability of capital budgeting 
              for major defense acquisition programs.
Sec. 1005. United States contribution to NATO common-funded budgets in 
              fiscal year 2006.

                Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Conveyance, Navy drydock, Seattle, Washington.
Sec. 1012. Conveyance, Navy drydock, Jacksonville, Florida.
Sec. 1013. Conveyance, Navy drydock, Port Arthur, Texas.
Sec. 1014. Transfer of battleships U.S.S. WISCONSIN and U.S.S. IOWA.
Sec. 1015. Transfer of ex-U.S.S. Forrest Sherman.
Sec. 1016. Report on leasing of vessels to meet national defense 
              sealift requirements.
Sec. 1017. Establishment of the USS Oklahoma Memorial and other 
              memorials at Pearl Harbor.
Sec. 1018. Authority to use National Defense Sealift Fund to purchase 
              certain maritime prepositioning ships currently under 
              charter to the Navy.

                  Subtitle C--Counter-Drug Activities

Sec. 1021. Resumption of reporting requirement regarding Department of 
              Defense expenditures to support foreign counter-drug 
              activities.
Sec. 1022. Clarification of authority for joint task forces to support 
              law enforcement agencies conducting counter-terrorism 
              activities.
Sec. 1023. Sense of Congress regarding drug trafficking deterrence.

            Subtitle D--Matters Related to Homeland Security

Sec. 1031. Responsibilities of Assistant Secretary of Defense for 
              Homeland Defense relating to nuclear, chemical, and 
              biological emergency response.
Sec. 1032. Testing of preparedness for emergencies involving nuclear, 
              radiological, chemical, biological, and high-yield 
              explosives weapons.
Sec. 1033. Department of Defense chemical, biological, radiological, 
              nuclear, and high-yield explosives response teams.
Sec. 1034. Repeal of Department of Defense emergency response 
              assistance program.
Sec. 1035. Report on use of Department of Defense aerial reconnaissance 
              assets to support Homeland Security border security 
              missions.

                    Subtitle E--Reports and Studies

Sec. 1041. Review of Defense Base Act insurance.
Sec. 1042. Report on Department of Defense response to findings and 
              recommendations of Defense Science Board Task Force on 
              High Performance Microchip Supply.

                       Subtitle F--Other Matters

Sec. 1051. Commission on the Implementation of the New Strategic 
              Posture of the United States.
Sec. 1052. Reestablishment of EMP Commission.
Sec. 1053. Modernization of authority relating to security of defense 
              property and facilities.
Sec. 1054. Revision of Department of Defense counterintelligence 
              polygraph program.
Sec. 1055. Preservation of records pertaining to radioactive fallout 
              from nuclear weapons testing.
Sec. 1056. Technical and clerical amendments.
Sec. 1057. Deletion of obsolete definitions in titles 10 and 32, United 
              States Code.
Sec. 1058. Support for youth organizations.
Sec. 1059. Special immigrant status for persons serving as translators 
              with United States Armed Forces.
Sec. 1060. Expansion of emergency services under reciprocal agreements.
Sec. 1061. Renewal of moratorium on return of veterans memorial objects 
              to foreign nations without specific authorization in law.
Sec. 1062. Sense of Congress on national security interest of 
              maintaining aeronautics research and development.
Sec. 1063. Airport certification.

                   Subtitle G--Military Mail Matters

Sec. 1071. Safe delivery of mail in military mail system.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

                 Subtitle A--Extensions of Authorities

Sec. 1101. Extension of eligibility to continue Federal employee health 
              benefits.
Sec. 1102. Extension of Department of Defense voluntary reduction in 
              force authority.
Sec. 1103. Extension of authority to make lump sum severance payments.
Sec. 1104. Permanent extension of Science, Mathematics, and Research 
              for Transformation (SMART) Defense Education Program.
Sec. 1105. Authority to waive annual limitation on total compensation 
              paid to Federal civilian employees.

                Subtitle B--Veterans Preference Matters

Sec. 1111. Veterans' preference status for certain veterans who served 
              on active duty during the period beginning on September 
              11, 2001, and ending as of the close of Operation Iraqi 
              Freedom.
Sec. 1112. Veterans' preference eligibility for military reservists.

                       Subtitle C--Other Matters

Sec. 1121. Transportation of family members in connection with the 
              repatriation of Federal employees held captive.
Sec. 1122. Strategic human capital plan for civilian employees of the 
              Department of Defense.
Sec. 1123. Independent study on features of successful personnel 
              management systems of highly technical and scientific 
              workforces.
Sec. 1124. Support by Department of Defense of pilot project for 
              Civilian Linguist Reserve Corps.
Sec. 1125. Increase in authorized number of positions in Defense 
              Intelligence Senior Executive Service.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

Sec. 1201. Extension of humanitarian and civic assistance provided to 
              host nations in conjunction with military operations.
Sec. 1202. Commanders' Emergency Response Program.
Sec. 1203. Modification of geographic restriction under bilateral and 
              regional cooperation programs for payment of certain 
              expenses of defense personnel of developing countries.
Sec. 1204. Authority for Department of Defense to enter into 
              acquisition and cross-servicing agreements with regional 
              organizations of which the United States is not a member.
Sec. 1205. Two-year extension of authority for payment of certain 
              administrative services and support for coalition liaison 
              officers.
Sec. 1206. Authority to build the capacity of foreign military forces.
Sec. 1207. Security and stabilization assistance.
Sec. 1208. Reimbursement of certain coalition nations for support 
              provided to United States military operations.
Sec. 1209. Authority to transfer defense articles and provide defense 
              services to the military and security forces of Iraq and 
              Afghanistan.

     Subtitle B--Nonproliferation Matters and Countries of Concern

Sec. 1211. Prohibition on procurements from Communist Chinese military 
              companies.
Sec. 1212. Report on nonstrategic nuclear weapons.

          Subtitle C--Reports and Sense of Congress Provisions

Sec. 1221. War-related reporting requirements.
Sec. 1222. Quarterly reports on war strategy in Iraq.
Sec. 1223. Report on records of civilian casualties in Afghanistan and 
              Iraq.

[[Page H12745]]

Sec. 1224. Annual report on Department of Defense costs to carry out 
              United Nations resolutions.
Sec. 1225. Report on claims related to the bombing of the LaBelle 
              Discotheque.
Sec. 1226. Sense of Congress concerning cooperation with Russia on 
              issues pertaining to missile defense.
Sec. 1227. United States policy on Iraq.

                       Subtitle D--Other Matters

Sec. 1231. Purchase of weapons overseas for force protection purposes 
              in countries in which combat operations are ongoing.
Sec. 1232. Riot control agents.
Sec. 1233. Requirement for establishment of certain criteria applicable 
              to Global Posture Review.
Sec. 1234. The United States-China Economic Security Review Commission.

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

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
              funds.
Sec. 1302. Funding allocations.
Sec. 1303. Permanent waiver of restrictions on use of funds for threat 
              reduction in states of the former Soviet Union.
Sec. 1304. Report on elimination of impediments to threat-reduction and 
              nonproliferation programs in the former Soviet Union.
Sec. 1305. Repeal of requirement for annual Comptroller General 
              assessment of annual Department of Defense report on 
              activities and assistance under Cooperative Threat 
              Reduction programs.

                TITLE XIV--MATTERS RELATING TO DETAINEES

Sec. 1401. Short title.
Sec. 1402. Uniform standards for the interrogation of persons under the 
              detention of the Department of Defense.
Sec. 1403. Prohibition on cruel, inhuman, or degrading treatment or 
              punishment of persons under custody or control of the 
              United States Government.
Sec. 1404. Protection of United States Government personnel engaged in 
              authorized interrogations.
Sec. 1405. Procedures for status review of detainees outside the United 
              States.
Sec. 1406. Training of Iraqi security forces regarding treatment of 
              detainees.

  TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI 
                 FREEDOM AND OPERATION ENDURING FREEDOM

Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Defense-wide activities procurement.
Sec. 1506. Research, development, test and evaluation.
Sec. 1507. Operation and maintenance.
Sec. 1508. Defense Working Capital Fund.
Sec. 1509. Defense Health Program.
Sec. 1510. Military personnel.
Sec. 1511. Iraq Freedom Fund.
Sec. 1512. Treatment as additional authorizations.
Sec. 1513. Transfer authority.
Sec. 1514. Availability of funds.

           Division  B--Military Construction Authorizations

Sec. 2001. Short title.

                            TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 
              2004 project.

                            TITLE XXII--NAVY

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

                         TITLE XXIII--AIR FORCE

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

                      TITLE XXIV--DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land 
              acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land 
              acquisition projects.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be 
              specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2003 
              projects.
Sec. 2703. Extension of authorizations of certain fiscal year 2002 
              projects.

                    TITLE XXVIII--GENERAL PROVISIONS

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

Sec. 2801. Modification of congressional notification requirements for 
              certain military construction activities.
Sec. 2802. Increase in number of family housing units in Korea 
              authorized for lease by the Army at maximum amount.
Sec. 2803. Improvement in availability and timeliness of Department of 
              Defense information regarding military construction and 
              family housing accounts and activities.
Sec. 2804. Modification of cost variation authority.
Sec. 2805. Inapplicability to child development centers of restriction 
              on authority to acquire or construct ancillary supporting 
              facilities.
Sec. 2806. Department of Defense Housing Funds.
Sec. 2807. Use of design-build selection procedures to accelerate 
              design effort in connection with military construction 
              projects.
Sec. 2808. Acquisition of associated utilities, equipment, and 
              furnishings in reserve component facility exchange.
Sec. 2809. One-year extension of temporary, limited authority to use 
              operation and maintenance funds for construction projects 
              outside the United States.
Sec. 2810. Temporary program to use minor military construction 
              authority for construction of child development centers.
Sec. 2811. General and flag officers quarters in the National Capital 
              Region.

        Subtitle B--Real Property and Facilities Administration

Sec. 2821. Consolidation of Department of Defense land acquisition 
              authorities and limitations on use of such authorities.
Sec. 2822. Modification of authorities on agreements to limit 
              encroachments and other constraints on military training, 
              testing, and operations.
Sec. 2823. Modification of utility system conveyance authority and 
              related reporting requirements.
Sec. 2824. Report on application of force protection and anti-terrorism 
              standards to leased facilities.
Sec. 2825. Report on use of ground source heat pumps at Department of 
              Defense facilities.

                Subtitle C--Base Closure and Realignment

Sec. 2831. Additional reporting requirements regarding base closure 
              process and use of Department of Defense base closure 
              accounts.
Sec. 2832. Expanded availability of adjustment and diversification 
              assistance for communities adversely affected by mission 
              realignments in base closure process.
Sec. 2833. Treatment of Indian Tribal Governments as public entities 
              for purposes of disposal of real property recommended for 
              closure in July 1993 BRAC Commission report.
Sec. 2834. Termination of project authorizations for military 
              installations approved for closure in 2005 round of base 
              realignments and closures.
Sec. 2835. Required consultation with State and local entities on 
              issues related to increase in number of military 
              personnel at military installations.
Sec. 2836. Sense of Congress regarding infrastructure and installation 
              requirements for transfer of units and personnel from 
              closed and realigned military installations to receiving 
              locations.
Sec. 2837. Defense access road program and military installations 
              affected by defense base closure process or Integrated 
              Global Presence and Basing Strategy.
Sec. 2838. Sense of Congress on reversionary interests involving real 
              property at Navy homeports.

                      Subtitle D--Land Conveyances

                        Part I--Army Conveyances

Sec. 2841. Land conveyance, Camp Navajo, Arizona.
Sec. 2842. Land conveyance, Iowa Army Ammunition Plant, Middletown, 
              Iowa.
Sec. 2843. Land conveyance, Helena, Montana.
Sec. 2844. Lease authority, Army Heritage and Education Center, 
              Carlisle, Pennsylvania.
Sec. 2845. Land exchange, Fort Hood, Texas.
Sec. 2846. Modification of land conveyance, Engineer Proving Ground, 
              Fort Belvoir, Virginia.

[[Page H12746]]

Sec. 2847. Land conveyance, Fort Belvoir, Virginia.
Sec. 2848. Land conveyance, Army Reserve Center, Bothell, Washington.

                       Part II--Navy Conveyances

Sec. 2851. Land conveyance, Marine Corps Air Station, Miramar, San 
              Diego, California.
Sec. 2852. Lease or license of United States Navy Museum facilities at 
              Washington Navy Yard, District of Columbia.

                    Part III--Air Force Conveyances

Sec. 2861. Purchase of build-to-lease family housing, Eielson Air Force 
              Base, Alaska.
Sec. 2862. Land conveyance, Air Force property, Jacksonville, Arkansas.
Sec. 2863. Land conveyance, Air Force property, La Junta, Colorado.
Sec. 2864. Lease, National Imagery and Mapping Agency site, St. Louis, 
              Missouri.

                       Subtitle E--Other Matters

Sec. 2871. Clarification of moratorium on certain improvements at Fort 
              Buchanan, Puerto Rico.
Sec. 2872. Transfer of excess Department of Defense property on Santa 
              Rosa and Okaloosa Island, Florida, to Gulf Islands 
              National Seashore.
Sec. 2873. Authorized military uses of Papago Park Military 
              Reservation, Phoenix, Arizona.
Sec. 2874. Assessment of water needs for Presidio of Monterey and Ord 
              Military Community.
Sec. 2875. Redesignation of McEntire Air National Guard Station, South 
              Carolina, as McEntire Joint National Guard Base.
Sec. 2876. Sense of Congress regarding community impact assistance 
              related to construction of Navy landing field, North 
              Carolina.
Sec. 2877. Sense of Congress on establishment of Bakers Creek Memorial.

Division  C--Department of Energy National Security Authorizations and 
                          Other Authorizations

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.

                       Subtitle B--Other Matters

Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Rocky Flats Environmental Technology Site.
Sec. 3113. Report on compliance with Design Basis Threat issued by 
              Department of Energy in 2005.
Sec. 3114. Reports associated with Waste Treatment and Immobilization 
              Plant Project, Hanford Site, Richland, Washington.
Sec. 3115. Report on assistance for a comprehensive inventory of 
              Russian nonstrategic nuclear weapons.
Sec. 3116. Report on international border security programs.
Sec. 3117. Savannah River National Laboratory.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revisions to required receipt objectives for previously 
              authorized disposals from National Defense Stockpile.
Sec. 3303. Authorization for disposal of tungsten ores and 
              concentrates.
Sec. 3304. Disposal of ferromanganese.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                  TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2006.
Sec. 3502. Payments for State and regional maritime academies.
Sec. 3503. Maintenance and repair reimbursement pilot program.
Sec. 3504. Tank vessel construction assistance.
Sec. 3505. Improvements to the Maritime Administration vessel disposal 
              program.
Sec. 3506. Assistance for small shipyards and maritime communities.
Sec. 3507. Transfer of authority for title XI non-fishing loan 
              guarantee decisions to Maritime Administration.
Sec. 3508. Technical corrections.
Sec. 3509. United States Maritime Service.
Sec. 3510. Awards and medals.

     SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

       For purposes of this Act, the term ``congressional defense 
     committees'' has the meaning given that term in section 
     101(a)(16) of title 10, United States Code.
            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.

                       Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for utility helicopters.
Sec. 112. Multiyear procurement authority for modernized target 
              acquisition designation sight/pilot night vision sensors 
              for AH-64 Apache attack helicopters.
Sec. 113. Multiyear procurement authority for conversion of AH-64A 
              Apache attack helicopters to the AH-64D Block II 
              configuration.
Sec. 114. Acquisition strategy for tactical wheeled vehicle programs.
Sec. 115. Report on Army Modular Force Initiative.

                       Subtitle C--Navy Programs

Sec. 121. Virginia-class submarine program.
Sec. 122. LHA Replacement (LHA(R)) amphibious assault ship program.
Sec. 123. Cost limitation for next-generation destroyer program.
Sec. 124. Littoral Combat Ship (LCS) program.
Sec. 125. Prohibition on acquisition of next-generation destroyer 
              through a single shipyard.
Sec. 126. Aircraft carrier force structure.
Sec. 127. Refueling and complex overhaul of the U.S.S. Carl Vinson.
Sec. 128. CVN-78 aircraft carrier.
Sec. 129. LHA Replacement (LHA(R)) ship.
Sec. 130. Report on alternative propulsion methods for surface 
              combatants and amphibious warfare ships.

                     Subtitle D--Air Force Programs

Sec. 131. C-17 aircraft program and assessment of intertheater airlift 
              requirements.
Sec. 132. Prohibition on retirement of KC-135E aircraft.
Sec. 133. Prohibition on retirement of F-117 aircraft during fiscal 
              year 2006.
Sec. 134. Prohibition on retirement of C-130E/H tactical airlift 
              aircraft during fiscal year 2006.
Sec. 135. Procurement of C-130J/KC-130J aircraft after fiscal year 
              2005.
Sec. 136. Report on Air Force aircraft aeromedical evacuation programs.

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Requirement that tactical unmanned aerial vehicles use 
              specified standard data link.
Sec. 142. Limitation on initiation of new unmanned aerial vehicle 
              systems.
Sec. 143. Advanced SEAL Delivery System.
              Subtitle A--Authorization of Appropriations

     SEC. 101. ARMY.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for procurement for the Army as follows:
       (1) For aircraft, $2,792,580,000.
       (2) For missiles, $1,246,850,000.
       (3) For weapons and tracked combat vehicles, 
     $1,652,949,000.
       (4) For ammunition, $1,738,872,000.
       (5) For other procurement, $4,328,934,000.

     SEC. 102. NAVY AND MARINE CORPS.

       (a) Navy.--Funds are hereby authorized to be appropriated 
     for fiscal year 2006 for procurement for the Navy as follows:
       (1) For aircraft, $9,803,126,000.
       (2) For weapons, including missiles and torpedoes, 
     $2,737,841,000.
       (3) For shipbuilding and conversion, $8,880,623,000.
       (4) For other procurement, $5,518,287,000.
       (b) Marine Corps.--Funds are hereby authorized to be 
     appropriated for fiscal year 2006 for procurement for the 
     Marine Corps in the amount of $1,396,705,000.
       (c) Navy and Marine Corps Ammunition.--Funds are hereby 
     authorized to be appropriated for fiscal year 2006 for 
     procurement of ammunition for the Navy and the Marine Corps 
     in the amount of $867,470,000.

     SEC. 103. AIR FORCE.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for procurement for the Air Force as follows:
       (1) For aircraft, $12,862,333,000.
       (2) For ammunition, $1,021,207,000.
       (3) For missiles, $5,394,557,000.
       (4) For other procurement, $14,024,689,000.

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for Defense-wide procurement in the amount of 
     $2,646,988,000.
                       Subtitle B--Army Programs

     SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR UTILITY 
                   HELICOPTERS.

       (a) UH-60M Black Hawk Helicopters.--Subject to subsection 
     (c), the Secretary of the Army may enter into a multiyear 
     contract for the procurement of UH-60M Black Hawk 
     helicopters.
       (b) MH-60S Seahawk Helicopters.--Subject to subsection (c), 
     the Secretary of the Army, acting as executive agent for the 
     Department of the Navy, may enter into a multiyear contract 
     for the procurement of MH-60S Seahawk helicopters.
       (c) Contract Requirements.--Any multiyear contract under 
     this section shall be entered into in accordance with section 
     2306b of title 10, United States Code, and shall commence 
     with the fiscal year 2007 program year.

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

       (a) Authority.--The Secretary of the Army may, in 
     accordance with section 2306b of title 10, United States 
     Code, enter into a multiyear contract, beginning with the 
     fiscal year 2006 program year, for procurement of modernized 
     target acquisition designation sight/pilot night vision 
     sensors for AH-64 Apache attack helicopters.

[[Page H12747]]

       (b) Limitation on Term of Contract.--Notwithstanding 
     subsection (k) of section 2306b of title 10, United States 
     Code, a contract under this section may not be for a period 
     in excess of four program years.

     SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR CONVERSION OF 
                   AH-64A APACHE ATTACK HELICOPTERS TO THE AH-64D 
                   BLOCK II CONFIGURATION.

       (a) Authority.--The Secretary of the Army may, in 
     accordance with section 2306b of title 10, United States 
     Code, enter into a multiyear contract, beginning with the 
     fiscal year 2006 program year, for conversion of AH-64A 
     Apache attack helicopters to the AH-64D Block II 
     configuration.
       (b) Limitation on Term of Contract.--Notwithstanding 
     subsection (k) of section 2306b of title 10, United States 
     Code, a contract under this section may not be for a period 
     in excess of four program years.

     SEC. 114. ACQUISITION STRATEGY FOR TACTICAL WHEELED VEHICLE 
                   PROGRAMS.

       (a) Army.--If, in carrying out a program for modernization 
     and recapitalization of the fleet of tactical wheeled 
     vehicles of the Army, the Secretary of the Army determines to 
     award a contract for procurement of a new vehicle class for 
     the next-generation tactical wheeled vehicle, the Secretary 
     shall award and execute the acquisition program under that 
     contract as a joint service program with the Marine Corps.
       (b) Marine Corps.--If, in carrying out a program for 
     modernization and recapitalization of the fleet of tactical 
     wheeled vehicles of the Marine Corps, the Secretary of the 
     Navy determines to award a contract for procurement of a new 
     vehicle class for the next-generation tactical wheeled 
     vehicle, the Secretary shall award and execute the 
     acquisition program under that contract as a joint service 
     program with the Army.
       (c) Applicability Only to New Vehicle Class.--Subsections 
     (a) and (b) do not apply to a contract for modifications, 
     upgrades, or product improvements to the existing fleet of 
     tactical wheeled vehicles of the Army or Marine Corps, 
     respectively.

     SEC. 115. REPORT ON ARMY MODULAR FORCE INITIATIVE.

       (a) Report.--The Secretary of the Army shall submit to the 
     congressional defense committees a report on the complex of 
     programs referred to as the Army Modular Force Initiative. 
     The report shall be submitted not later than 30 days after 
     the date of the submission to Congress of a request by the 
     President for the enactment of emergency supplemental 
     appropriations for the Department of Defense for fiscal year 
     2006.
       (b) Matters to Be Included.--The report under subsection 
     (a) shall include the following:
       (1) A specification of each acquisition program of the Army 
     that is considered by the Secretary of the Army to be part of 
     the complex of programs constituting the Army Modular Force 
     Initiative.
       (2) For each program specified under paragraph (1), the 
     acquisition objective of the program, the funding profile of 
     the program, and the requirement for the program.
       (3) The requirements of each such program that, under 
     current funding plans of the Department of Defense for fiscal 
     years after fiscal year 2006, would not be funded.
       (4) A detailed accounting of the amounts for the Army 
     Modular Force Initiative in the request for supplemental 
     appropriations referred to in subsection (a).
                       Subtitle C--Navy Programs

     SEC. 121. VIRGINIA-CLASS SUBMARINE PROGRAM.

       (a) Limitation of Costs.--Except as provided in subsection 
     (b), the total amount obligated or expended for procurement 
     of the five Virginia-class submarines designated as SSN-779, 
     SSN-780, SSN-781, SSN-782, and SSN-783 may not exceed the 
     following amounts:
       (1) For the SSN-779 submarine, $2,330,000,000.
       (2) For the SSN-780 submarine, $2,470,000,000.
       (3) For the SSN-781 submarine, $2,550,000,000.
       (4) For the SSN-782 submarine, $2,670,000,000.
       (5) For the SSN-783 submarine, $2,720,000,000.
       (b) Adjustment of Limitation Amounts.--The Secretary of the 
     Navy may adjust the amount set forth in subsection (a) for 
     any Virginia-class submarine specified in that subsection by 
     the following:
       (1) The amounts of increases or decreases in costs 
     attributable to economic inflation after September 30, 2005.
       (2) The amounts of increases or decreases in costs 
     attributable to compliance with changes in Federal, State, or 
     local laws enacted after September 30, 2005.
       (3) The amounts of outfitting costs and post-delivery costs 
     incurred for that submarine.
       (4) The amounts of increases or decreases in costs of that 
     submarine that are attributable to insertion of new 
     technology into that submarine, as compared to the technology 
     built into the lead vessel of the Virginia class.
       (c) Limitation on Technology Insertion Cost Adjustment.--
     The Secretary of the Navy may use the authority under 
     paragraph (4) of subsection (b) to adjust the amount set 
     forth in subsection (a) for any Virginia-class submarine with 
     respect to insertion of new technology into that submarine 
     only if--
       (1) the Secretary determines, and certifies to the 
     congressional defense committees, that insertion of the new 
     technology would lower the life-cycle cost of the submarine; 
     or
       (2) the Secretary determines, and certifies to the 
     congressional defense committees, that insertion of the new 
     technology is required to meet an emerging threat and the 
     Secretary of Defense certifies to those committees that such 
     threat poses grave harm to national security.
       (d) Notice to Congress of Program Changes.--The Secretary 
     of the Navy shall submit to the congressional defense 
     committees each year, at the same time that the budget is 
     submitted under section 1105(a) of title 31, United States 
     Code, for the next fiscal year, written notice of any change 
     in any of the amounts set forth in subsection (a) during the 
     preceding fiscal year that the Secretary has determined to be 
     associated with a cost referred to in subsection (b).

     SEC. 122. LHA REPLACEMENT (LHA(R)) AMPHIBIOUS ASSAULT SHIP 
                   PROGRAM.

       (a) Limitation on Procurement Funds.--Of the funds 
     available to the Department of the Navy for Shipbuilding and 
     Conversion, Navy, for fiscal year 2006 for procurement for 
     the LHA Replacement (LHA(R)) amphibious assault ship program, 
     not more than 70 percent may be obligated or expended until 
     the Secretary of the Navy submits to the congressional 
     defense committees the Secretary's certification in writing 
     that--
       (1) a detailed operational requirements document for the 
     program has been approved within the Department of Defense by 
     an appropriate approval authority; and
       (2) there exists a stable design for the LHA(R) class of 
     vessels.
       (b) Stable Design.--For purposes of this section, the 
     design of a class of vessels shall be considered to be stable 
     when no substantial change to the design is anticipated.

     SEC. 123. COST LIMITATION FOR NEXT-GENERATION DESTROYER 
                   PROGRAM.

       (a) Limitation of Costs.--Except as provided in subsection 
     (b), the total amount obligated or expended for procurement 
     of the fifth vessel in the next-generation destroyer program 
     may not exceed $2,300,000,000.
       (b) Adjustment of Limitation Amount.--The Secretary of the 
     Navy may adjust the amount set forth in subsection (a) for 
     the vessel referred to in that subsection by the following:
       (1) The amounts of increases or decreases in costs 
     attributable to economic inflation after September 30, 2005.
       (2) The amounts of increases or decreases in costs 
     attributable to compliance with changes in Federal, State, or 
     local laws enacted after September 30, 2005.
       (3) The amounts of outfitting costs and post-delivery costs 
     incurred for that vessel.
       (4) The amounts of increases or decreases in costs of that 
     vessel that are attributable to insertion of new technology 
     into that vessel, as compared to the technology built into 
     the lead vessel of the next-generation destroyer program 
     class.
       (c) Limitation on Technology Insertion Cost Adjustment.--
     The Secretary of the Navy may use the authority under 
     paragraph (4) of subsection (b) to adjust the amount set 
     forth in subsection (a) for the vessel referred to in that 
     subsection with respect to insertion of new technology into 
     that vessel only if--
       (1) the Secretary determines, and certifies to the 
     congressional defense committees, that insertion of the new 
     technology would lower the life-cycle cost of the vessel; or
       (2) the Secretary determines, and certifies to the 
     congressional defense committees, that insertion of the new 
     technology is required to meet an emerging threat and the 
     Secretary of Defense certifies to those committees that such 
     threat poses grave harm to national security.
       (d) Written Notice of Change in Amount.--
       (1) Requirement.--The Secretary of the Navy shall submit to 
     the congressional defense committees each year, at the same 
     time that the budget is submitted under section 1105(a) of 
     title 31, United States Code, for the next fiscal year, 
     written notice of any change in the amount set forth in 
     subsection (a) during the preceding fiscal year that the 
     Secretary has determined to be associated with a cost 
     referred to in subsection (b).
       (2) Effective date.--The requirement in paragraph (1) shall 
     become effective with the budget request for the year of 
     procurement of the vessel referred to in subsection (a), such 
     year being the fiscal year in which the Secretary of the Navy 
     intends to award a contract for detail design and 
     construction.
       (e) Next-Generation Destroyer Program.--In this section, 
     the term ``next-generation destroyer program'' means the 
     program to acquire and deploy a new class of destroyers as 
     the follow-on to the Arleigh Burke class of destroyers.

     SEC. 124. LITTORAL COMBAT SHIP (LCS) PROGRAM.

       (a) Limitation of Costs.--Except as provided in subsection 
     (b), the total amount obligated or expended for procurement 
     of the fifth and sixth vessels in the Littoral Combat Ship 
     (LCS) class of vessels, excluding amounts for elements 
     designated by the Secretary of the Navy as a mission package, 
     may not exceed $220,000,000 per vessel.
       (b) Adjustment of Limitation Amount.--The Secretary of the 
     Navy may adjust the amount set forth in subsection (a) for 
     either vessel referred to in that subsection by the 
     following:
       (1) The amounts of increases or decreases in costs 
     attributable to economic inflation after September 30, 2005.
       (2) The amounts of increases or decreases in costs 
     attributable to compliance with changes in Federal, State, or 
     local laws enacted after September 30, 2005.
       (3) The amounts of outfitting costs and post-delivery costs 
     incurred for that vessel.
       (4) The amounts of increases or decreases in costs of that 
     vessel that are attributable to insertion of new technology 
     into that vessel, as compared to the technology built into 
     the first and second vessels, respectively, of the Littoral 
     Combat Ship (LCS) class of vessels.
       (c) Limitation on Technology Insertion Cost Adjustment.--
     The Secretary of the Navy may use the authority under 
     paragraph (4) of subsection (b) to adjust the amount set 
     forth in subsection (a) for any vessel referred to in that 
     subsection with respect to insertion of new technology into 
     that vessel only if--

[[Page H12748]]

       (1) the Secretary determines, and certifies to the 
     congressional defense committees, that insertion of the new 
     technology would lower the life-cycle cost of the vessel; or
       (2) the Secretary determines, and certifies to the 
     congressional defense committees, that insertion of the new 
     technology is required to meet an emerging threat and the 
     Secretary of Defense certifies to those committees that such 
     threat poses grave harm to national security.
       (d) Annual Report on Cost Growth.--
       (1) Requirement.--The Secretary of the Navy shall submit to 
     the congressional defense committees each year, at the same 
     time that the budget is submitted under section 1105(a) of 
     title 31, United States Code, for the next fiscal year, 
     written notice of any change in the amount set forth in 
     subsection (a) during the preceding fiscal year that the 
     Secretary has determined to be associated with a cost 
     referred to in subsection (b).
       (2) Effective date.--The requirement in paragraph (1) shall 
     become effective with the budget request for the year of 
     procurement of the fifth and sixth vessels in the Littoral 
     Combat Ship (LCS) class of vessels, such year being the 
     fiscal year in which the Secretary of the Navy intends to 
     award a contract for detail design and construction of those 
     vessels.
       (e) Annual Report on Mission Packages.--The Secretary of 
     the Navy shall submit to the congressional defense committees 
     each year, at the same time as the President's budget for the 
     next fiscal year is submitted under section 1105(a) of title 
     31, United States Code, a report that provides current 
     information regarding the content of any element of the 
     Littoral Combat Ship (LCS) class of vessels that is 
     designated as a ``mission package'', the estimated cost of 
     any such element, and the total number of such elements 
     anticipated.
       (f) Limitation on Ships and Mission Modules.--No funds 
     available to the Navy may be used for the procurement of 
     Littoral Combat Ships, or elements for such Littoral Combat 
     Ships referred to in subsection (e), after procurement of the 
     first four vessels in the Littoral Combat Ship (LCS) class 
     until the Secretary of the Navy submits to the congressional 
     defense committees the Secretary's certification in writing 
     that there exist stable designs for the Littoral Combat Ship 
     class of vessels.
       (g) Stable Design.--For purposes of this section, the 
     designs of a class of vessels shall be considered to be 
     stable when no substantial change to those designs is 
     anticipated.

     SEC. 125. PROHIBITION ON ACQUISITION OF NEXT-GENERATION 
                   DESTROYER THROUGH A SINGLE SHIPYARD.

       (a) Prohibition.--The Secretary of the Navy may not acquire 
     vessels under the next-generation destroyer program through a 
     winner-take-all acquisition strategy.
       (b) Prohibition on Use of Funds.--The Secretary of the Navy 
     may not obligate or expend any funds to prepare for, conduct, 
     or implement a strategy for the acquisition of vessels under 
     the next-generation destroyer program through a winner-take-
     all acquisition strategy.
       (c) Winner-Take-All Acquisition Strategy Defined.--In this 
     section, the term ``winner-take-all acquisition strategy'', 
     with respect to the acquisition of vessels under the next-
     generation destroyer program, means the acquisition 
     (including design and construction) of such vessels through a 
     single shipyard.
       (d) Next-Generation Destroyer Program.--In this section, 
     the term ``next-generation destroyer program'' means the 
     program to acquire and deploy a new class of destroyers as 
     the follow-on to the Arleigh Burke class of destroyers.

     SEC. 126. AIRCRAFT CARRIER FORCE STRUCTURE.

       (a) Requirement for 12 Operational Aircraft Carriers Within 
     the Navy.--Section 5062 of title 10, United States Code, is 
     amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) The naval combat forces of the Navy shall include not 
     less than 12 operational aircraft carriers. For purposes of 
     this subsection, an operational aircraft carrier includes an 
     aircraft carrier that is temporarily unavailable for 
     worldwide deployment due to routine or scheduled maintenance 
     or repair.''.
       (b) Funding for Repair and Maintenance of U.S.S. John F. 
     Kennedy.--Of the amounts available for operation and 
     maintenance for the Navy pursuant to this Act and any other 
     Act for fiscal year 2006, not more than $288,000,000 shall be 
     available for repair and maintenance to extend the life of 
     the U.S.S. John F. Kennedy (CVN-67).

     SEC. 127. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. CARL 
                   VINSON.

       (a) Amount Authorized From FY06 SCN Account.--Of the amount 
     authorized to be appropriated by section 102(a)(3) for fiscal 
     year 2006 for shipbuilding and conversion, Navy, 
     $1,493,563,000 is available for work on the nuclear refueling 
     and complex overhaul of the U.S.S. Carl Vinson (CVN-70) under 
     the contract authorized by Public Law 109-104.
       (b) Contract Authority.--The amount specified in subsection 
     (a) includes the amount of $89,000,000 made available by 
     Public Law 109-104 for fiscal year 2006 for a period of such 
     fiscal year preceding the enactment of this Act.

     SEC. 128. CVN-78 AIRCRAFT CARRIER.

       (a) Authority to Use Multiple Years of Funding.--The 
     Secretary of the Navy is authorized to enter into a contract 
     for detail design and construction of the aircraft carrier 
     designated CVN-78 that provides that, subject to subsection 
     (b), funds for payments under the contract may be provided 
     from amounts appropriated for Shipbuilding and Conversion, 
     Navy, for fiscal years 2007, 2008, and 2009.
       (b) Condition for Out-Year Contract Payments.--A contract 
     described in subsection (a) shall provide that any obligation 
     of the United States to make a payment under the contract for 
     a fiscal year after fiscal year 2006 is subject to the 
     availability of appropriations for that purpose for that 
     fiscal year.

     SEC. 129. LHA REPLACEMENT (LHA(R)) SHIP.

       (a) Amount Authorized From SCN Account for Fiscal Year 
     2006.--Of the amount authorized to be appropriated by section 
     102(a)(3) for fiscal year 2006 for shipbuilding and 
     conversion, Navy, $200,447,000 shall be available for design, 
     advance procurement, advance construction, detail design, and 
     construction with respect to the LHA Replacement (LHA(R)) 
     ship.
       (b) Amounts Authorized From SCN Account for Fiscal Years 
     2007 and 2008.--Amounts authorized to be appropriated for 
     fiscal years 2007 and 2008 for shipbuilding and conversion, 
     Navy, shall be available for construction with respect to the 
     LHA Replacement ship.
       (c) Contract Authority.--
       (1) Design, advance procurement, and advance 
     construction.--The Secretary of the Navy may enter into a 
     contract during fiscal year 2006 for design, advance 
     procurement, and advance construction with respect to the LHA 
     Replacement ship.
       (2) Detail design and construction.--The Secretary may 
     enter into a contract during fiscal year 2006 for the detail 
     design and construction of the LHA Replacement ship.
       (d) Condition for Out-Year Contract Payments.--A contract 
     entered into under subsection (c) shall provide that any 
     obligation of the United States to make a payment under the 
     contract for a fiscal year after fiscal year 2006 is subject 
     to the availability of appropriations for that purpose for 
     such fiscal year.
       (e) Funding as Increment of Full Funding.--The amounts 
     available under subsections (a) and (b) for the LHA 
     Replacement ship are the first increments of funding for the 
     full funding of the LHA Replacement (LHA(R)) ship program.

     SEC. 130. REPORT ON ALTERNATIVE PROPULSION METHODS FOR 
                   SURFACE COMBATANTS AND AMPHIBIOUS WARFARE 
                   SHIPS.

       (a) Analysis of Alternatives.--The Secretary of the Navy 
     shall conduct an analysis of alternative propulsion methods 
     for surface combatant vessels and amphibious warfare ships of 
     the Navy.
       (b) Report.--The Secretary shall submit to the 
     congressional defense committees a report on the analysis of 
     alternative propulsion systems carried out under subsection 
     (a). The report shall be submitted not later than November 1, 
     2006.
       (c) Matters to Be Included.--The report under subsection 
     (b) shall include the following:
       (1) The key assumptions used in carrying out the analysis 
     under subsection (a).
       (2) The methodology and techniques used in conducting the 
     analysis.
       (3) A description of current and future technology relating 
     to propulsion that has been incorporated in recently-designed 
     surface combatant vessels and amphibious warfare ships or 
     that is expected to be available for those types of vessels 
     within the next 10-to-20 years.
       (4) A description of each propulsion alternative for 
     surface combatant vessels and amphibious warfare ships that 
     was considered under the study and an analysis and evaluation 
     of each such alternative from an operational and cost-
     effectiveness standpoint.
       (5) A comparison of the life-cycle costs of each propulsion 
     alternative.
       (6) For each nuclear propulsion alternative, an analysis of 
     when that nuclear propulsion alternative becomes cost 
     effective as the price of a barrel of crude oil increases for 
     each type of surface combatant vessel and each type of 
     amphibious warfare ship.
       (7) The conclusions and recommendations of the study, 
     including those conclusions and recommendations that could 
     impact the design of future ships or lead to modifications of 
     existing ships.
       (8) The Secretary's intended actions, if any, for 
     implementation of the conclusions and recommendations of the 
     study.
       (d) Life-Cycle Costs.--For purposes of this section, the 
     term ``life-cycle costs'' includes those elements of cost 
     that would be considered for a life-cycle cost analysis for a 
     major defense acquisition program.
                     Subtitle D--Air Force Programs

     SEC. 131. C-17 AIRCRAFT PROGRAM AND ASSESSMENT OF 
                   INTERTHEATER AIRLIFT REQUIREMENTS.

       (a) Multiyear Procurement Authorized.--Subject to 
     subsection (b), the Secretary of the Air Force may, in 
     accordance with section 2306b of title 10, United States 
     Code, enter into a multiyear contract, beginning with the 
     fiscal year 2006 program year, for the procurement of up to 
     42 additional C-17 aircraft.
       (b) Certification Required.--The Secretary of the Air Force 
     may not exercise the authority in subsection (a) until the 
     Secretary of Defense submits to the congressional defense 
     committees a certification that the additional airlift 
     capacity to be provided by the C-17 aircraft to be procured 
     under that authority is consistent with the assessment of the 
     intertheater airlift capabilities required to support the 
     national defense strategy carried out pursuant to subsection 
     (c) and submitted to the congressional committees pursuant to 
     subsection (d).
       (c) Assessment of Intertheater Airlift Requirements.--
       (1) Requirement.--The Secretary of Defense shall carry out 
     an assessment of the intertheater

[[Page H12749]]

     airlift capabilities required to support the national defense 
     strategy. The assessment shall include development of 
     recommendations for future airlift force structure 
     requirements, together with an explanation for each such 
     recommendation. The Secretary shall submit the assessment 
     pursuant to subsection (d).
       (2) Additional information.--In the report on the results 
     of the assessment required by paragraph (1), the Secretary 
     shall explain how the recommendations for future airlift 
     force structure requirements in that report take into account 
     the following:
       (A) The increased airlift demands associated with the Army 
     modular brigade combat teams.
       (B) The objective to be able to deliver--
       (i) a brigade combat team anywhere in the world within four 
     to seven days;
       (ii) a division anywhere in the world within 10 days; and
       (iii) multiple divisions anywhere in the world within 20 
     days.
       (C) The increased airlift demands associated with the 
     expanded scope of operational activities of the Special 
     Operations forces.
       (D) The realignment of the overseas basing structure in 
     accordance with the Integrated Presence and Basing Strategy 
     announced by the Secretary of Defense on March 20, 2003.
       (E) Adjustments in the force structure to meet homeland 
     defense requirements.
       (F) The potential for simultaneous homeland defense 
     activities and major combat operations.
       (G) Potential changes in requirements for intratheater 
     airlift or sealift capabilities.
       (H) The capability of the Civil Reserve Air Fleet to 
     provide adequate augmentation in meeting global mobility 
     requirements.
       (d) Submission of Assessment of Intertheater Airlift 
     Requirements.--
       (1) Inclusion in quadrennial defense review.--Subject to 
     paragraph (2), the assessment of the intertheater airlift 
     capabilities required to support the national defense 
     strategy required by subsection (c)(1) shall be carried out 
     as part of the quadrennial defense review under section 118 
     of title 10, United States Code, in 2005 and in accordance 
     with the provisions of subsection (d)(9) of that section, and 
     the report under subsection (c)(1) on that assessment shall 
     be included in the report on that quadrennial defense review 
     submitted to the Committees on Armed Services of the Senate 
     and House of Representatives with the budget of the President 
     for fiscal year 2007 (as submitted under section 1105(a) of 
     title 31, United States Code).
       (2) Alternative submission.--If the Secretary of Defense 
     determines that, because of the date required by law for the 
     submission of the report on the quadrennial defense review 
     referred to in paragraph (1), the assessment of the 
     intertheater airlift capabilities required to support the 
     national defense strategy required by subsection (c)(1) 
     cannot be carried out as part of the quadrennial defense 
     review referred to in paragraph (1), the Secretary may submit 
     the report of such assessment not later than 45 days after 
     the date of the submission of that review pursuant to section 
     118(d) of title 10, United States Code. In that case, the 
     Secretary shall submit the report of such assessment to the 
     congressional defense committees.
       (e) Maintenance of C-17 Aircraft Production Line.--If the 
     Secretary of Defense is unable to make the certification 
     specified in subsection (b), the Secretary of the Air Force 
     should procure sufficient C-17 aircraft to maintain the C-17 
     aircraft production line at not less than the minimum 
     sustaining rate until sufficient flight test data regarding 
     improved C-5 aircraft mission capability rates as a result of 
     the Reliability Enhancement and Re-engining Program and 
     Avionics Modernization Program have been obtained to 
     determine the validity of assumptions concerning the C-5 
     aircraft used in the Mobility Capabilities Study.

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

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

     SEC. 133. PROHIBITION ON RETIREMENT OF F-117 AIRCRAFT DURING 
                   FISCAL YEAR 2006.

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

     SEC. 134. PROHIBITION ON RETIREMENT OF C-130E/H TACTICAL 
                   AIRLIFT AIRCRAFT DURING FISCAL YEAR 2006.

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

     SEC. 135. PROCUREMENT OF C-130J/KC-130J AIRCRAFT AFTER FISCAL 
                   YEAR 2005.

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

     SEC. 136. REPORT ON AIR FORCE AIRCRAFT AEROMEDICAL EVACUATION 
                   PROGRAMS.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of the Air Force 
     shall submit to the congressional defense committees a report 
     on aircraft aeromedical evacuation programs of the Air Force. 
     The report shall contain a comprehensive evaluation and 
     overall assessment of (1) the current aeromedical evacuation 
     program, carried out through the use of designated aircraft, 
     compared to (2) the former aeromedical evacuation program, 
     carried out through the use of dedicated aircraft.
       (b) Matters to Be Included.--The report shall include the 
     following:
       (1) A description of challenges and capability gaps of the 
     current aircraft aeromedical evacuation program compared to 
     the challenges and capability gaps of the former program.
       (2) A description of possible means by which to best 
     mitigate or resolve the challenges and capability gaps 
     described under paragraph (1) with respect to the current 
     program.
       (3) Specification of medical equipment or upgrades needed 
     to enhance the current program.
       (4) Specification of aircraft equipment or upgrades needed 
     to enhance the current program.
       (5) A description of the advantages and disadvantages of 
     the current program compared to the advantages and 
     disadvantages of the former program.
       (6) A cost comparison analysis of the current program and 
     the former program.
       (7) A description of the manner in which customer feedback 
     is obtained and applied to the current program.
               Subtitle E--Joint and Multiservice Matters

     SEC. 141. REQUIREMENT THAT TACTICAL UNMANNED AERIAL VEHICLES 
                   USE SPECIFIED STANDARD DATA LINK.

       (a) Requirement.--The Secretary of Defense shall take such 
     steps as necessary to ensure that (except as specified in 
     subsection (c)) all tactical unmanned aerial vehicles (UAVs) 
     of the Army, Navy, Marine Corps, and Air Force are equipped 
     and configured so that--
       (1) the data link used by those vehicles is the Department 
     of Defense standard tactical unmanned aerial vehicle data 
     link known as the Tactical Common Data Link (TCDL), until 
     such time as the Tactical Common Data Link standard is 
     replaced by an updated standard for use by those vehicles; 
     and
       (2) those vehicles use data formats consistent with the 
     architectural standard for tactical unmanned aerial vehicles 
     known as STANAG 4586, developed to facilitate multinational 
     interoperability among NATO member nations.
       (b) Funding Limitation.--After December 1, 2006, no funds 
     available to the Department of Defense may be used to enter 
     into a contract for procurement of a new tactical unmanned 
     aerial vehicle system with data links other than as required 
     by subsection (a)(1).
       (c) Waiver Authority.--The Under Secretary of Defense for 
     Acquisition, Technology, and Logistics may waive the 
     applicability of subsection (a) to any tactical unmanned 
     aerial vehicle if the Under Secretary determines, and 
     certifies to the congressional defense committees, that it 
     would be technologically infeasible or uneconomically 
     acceptable to integrate a tactical data link specified in 
     that subsection into that tactical unmanned aerial vehicle.
       (d) Report.--Not later than February 1, 2006, the Secretary 
     of each military department shall submit to Congress a report 
     on the status of implementation of standard data links for 
     unmanned aerial vehicles under the jurisdiction of the 
     Secretary in accordance with subsection (a).

     SEC. 142. LIMITATION ON INITIATION OF NEW UNMANNED AERIAL 
                   VEHICLE SYSTEMS.

       (a) Limitation.--Funds available to the Department of 
     Defense may not be used to procure an unmanned aerial vehicle 
     (UAV) system, including any air vehicle, data link, ground 
     station, sensor, or other associated equipment for any such 
     system, or to modify any such system to include any form of 
     armament, unless such procurement or modification is 
     authorized in writing in advance by the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics.
       (b) Exception for Existing Systems.--The limitation in 
     subsection (a) does not apply with respect to an unmanned 
     aerial vehicle (UAV) system for which funds are under 
     contract as of the date of the enactment of this Act or for 
     which funds have been appropriated for procurement before the 
     date of the enactment of this Act.

     SEC. 143. ADVANCED SEAL DELIVERY SYSTEM.

       (a) Limitation.--Of the amounts authorized to be 
     appropriated for fiscal year 2006 for operation and 
     maintenance, Defense-wide, that are available for the United 
     States Special Operations Command, $10,100,000 may not be 
     obligated or expended until the Secretary of Defense submits 
     to the congressional defense committees each of the 
     following:
       (1) The Secretary's certification that the Secretary has 
     revalidated the requirement for the Advanced SEAL Delivery 
     System.
       (2) A report on the Advanced SEAL Delivery System program 
     that, at a minimum, includes--
       (A) the conclusions of the quadrennial defense review 
     concerning the program;
       (B) the number of boats required for the program and the 
     manner of their expected employment;
       (C) an updated cost estimate for the program; and
       (D) a timeline for addressing the technological challenges 
     faced by the program by March 1, 2006.
       (b) Report on Ongoing Critical Systems Review.--Not later 
     than January 1, 2007, the Secretary shall submit to the 
     congressional defense committees a report providing the 
     conclusions of the ongoing critical systems review with 
     respect to the Advanced SEAL Delivery System program.
         TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

              Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Annual Comptroller General report on Future Combat Systems 
              program.

[[Page H12750]]

Sec. 212. Contract for the procurement of the Future Combat Systems 
              (FCS).
Sec. 213. Limitations on systems development and demonstration of 
              manned ground vehicles under Armored Systems 
              Modernization program.
Sec. 214. Separate program elements required for significant systems 
              development and demonstration projects for Armored 
              Systems Modernization program.
Sec. 215. Initiation of program to design and develop next-generation 
              nuclear attack submarine.
Sec. 216. Extension of requirements relating to management 
              responsibility for naval mine countermeasures programs.
Sec. 217. Single set of requirements for Army and Marine Corps heavy 
              lift rotorcraft program.
Sec. 218. Requirements for development of tactical radio communications 
              systems.
Sec. 219. Limitation on systems development and demonstration of 
              Personnel Recovery Vehicle.
Sec. 220. Limitation on VXX helicopter program.
Sec. 221. Report on testing of Internet Protocol version 6.

                  Subtitle C--Missile Defense Programs

Sec. 231. Report on capabilities and costs for operational boost/
              ascent-phase missile defense systems.
Sec. 232. One-year extension of Comptroller General assessments of 
              ballistic missile defense programs.
Sec. 233. Fielding of ballistic missile defense capabilities.
Sec. 234. Plans for test and evaluation of operational capability of 
              the ballistic missile defense system.

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

Sec. 241. Pilot program for identification and transition of advanced 
              manufacturing processes and technologies.
Sec. 242. Transition of transformational manufacturing processes and 
              technologies to defense manufacturing base.
Sec. 243. Manufacturing technology strategies.
Sec. 244. Report.
Sec. 245. Definitions.

                       Subtitle E--Other Matters

Sec. 251. Comptroller General report on program element structure for 
              research, development, test, and evaluation projects.
Sec. 252. Research and development efforts for purposes of small 
              business research.
Sec. 253. Revised requirements relating to submission of Joint 
              Warfighting Science and Technology Plan.
Sec. 254. Report on efficiency of naval shipbuilding industry.
Sec. 255. Technology transition.
Sec. 256. Prevention, mitigation, and treatment of blast injuries.
Sec. 257. Modification of requirements for annual report on DARPA 
              program to award cash prizes for advanced technology 
              achievements.
Sec. 258. Designation of facilities and resources constituting the 
              Major Range and Test Facility Base.
Sec. 259. Report on cooperation between Department of Defense and 
              National Aeronautics and Space Administration on 
              research, development, test, and evaluation activities.
Sec. 260. Delayed effective date for limitation on procurement of 
              systems not GPS-equipped.
Sec. 261. Report on development and use of robotics and unmanned ground 
              vehicle systems.
              Subtitle A--Authorization of Appropriations

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the use of the Department of Defense for 
     research, development, test, and evaluation as follows:
       (1) For the Army, $10,036,004,000.
       (2) For the Navy, $18,581,441,000.
       (3) For the Air Force, $22,305,012,000.
       (4) For Defense-wide activities, $19,277,402,000, of which 
     $168,458,000 is authorized for the Director of Operational 
     Test and Evaluation.

     SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

       (a) Fiscal Year 2006.--Of the amounts authorized to be 
     appropriated by section 201, $11,363,021,000 shall be 
     available for the Defense Science and Technology Program, 
     including basic research, applied research, and advanced 
     technology development projects.
       (b) Basic Research, Applied Research, and Advanced 
     Technology Development Defined.--For purposes of this 
     section, the term ``basic research, applied research, and 
     advanced technology development'' means work funded in 
     program elements for defense research and development under 
     Department of Defense budget activities 1, 2, and 3.
    Subtitle B--Program Requirements, Restrictions, and Limitations

     SEC. 211. ANNUAL COMPTROLLER GENERAL REPORT ON FUTURE COMBAT 
                   SYSTEMS PROGRAM.

       (a) Annual GAO Review.--The Comptroller General shall 
     conduct an annual review of the Future Combat Systems program 
     and shall, not later than March 15 of each year, submit to 
     Congress a report on the results of the most recent review. 
     With each such report, the Comptroller General shall submit a 
     certification as to whether the Comptroller General has had 
     access to sufficient information to enable the Comptroller 
     General to make informed judgments on the matters covered by 
     the report.
       (b) Matters to Be Included.--Each report on the Future 
     Combat Systems program under subsection (a) shall include the 
     following with respect to research and development under the 
     program:
       (1) The extent to which systems development and 
     demonstration under the program is meeting established goals, 
     including the goals established for performance, key 
     performance parameters, technology readiness levels, cost, 
     and schedule.
       (2) The budget for the current fiscal year, and the 
     projected budget for the next fiscal year, for all Department 
     of Defense programs directly supporting the Future Combat 
     Systems program and an evaluation of the contribution each 
     such program makes to meeting the goals established for 
     performance, key performance parameters, and technology 
     readiness levels of the Future Combat Systems program.
       (3) The plan for such systems development and demonstration 
     (leading to production) for the fiscal year that begins in 
     the year in which the report is submitted.
       (4) The Comptroller General's conclusion regarding whether 
     such systems development and demonstration (leading to 
     production) is likely to be completed at a total cost not in 
     excess of the amount specified (or to be specified) for such 
     purpose in the Selected Acquisition Report for the Future 
     Combat Systems program under section 2432 of title 10, United 
     States Code, for the first quarter of the fiscal year during 
     which the report of the Comptroller General is submitted.
       (c) Termination.--No report is required under this section 
     after systems development and demonstration under the Future 
     Combat Systems program is completed.

     SEC. 212. CONTRACT FOR THE PROCUREMENT OF THE FUTURE COMBAT 
                   SYSTEMS (FCS).

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

     SEC. 213. LIMITATIONS ON SYSTEMS DEVELOPMENT AND 
                   DEMONSTRATION OF MANNED GROUND VEHICLES UNDER 
                   ARMORED SYSTEMS MODERNIZATION PROGRAM.

       (a) Limitations.--Of the amounts appropriated or otherwise 
     made available pursuant to the authorization of 
     appropriations in section 201 for the Armored Systems 
     Modernization program, not more than 70 percent may be 
     obligated for systems development and demonstration of manned 
     ground vehicle variants under that program until each of the 
     following occurs:
       (1) The Secretary of Defense certifies to the congressional 
     defense committees that the threshold requirements for manned 
     ground vehicle variants with respect to lethality and 
     survivability have been met and demonstrated, in accordance 
     with applicable regulations, in a relevant environment to be 
     at least equal to the lethality and survivability of the 
     manned ground vehicles to be replaced by those variants.
       (2) The Secretary of Defense submits to the congressional 
     defense committees the results of an independent analysis 
     carried out with respect to the transportability requirement 
     for the manned ground vehicle variants under the Future 
     Combat Systems program for the purpose of determining 
     whether--
       (A) the requirement can be supported by the future-years 
     defense plan and the projected extended planning period 
     inter-theater and intra-theater airlift force structure 
     budget;
       (B) the requirement is justified by any likely deployment 
     scenario envisioned by current operational plans; and
       (C) the projected unit procurement cost warrants the 
     investment required to deploy those variants.
       (3) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics submits to the congressional 
     defense committees the results of an independent cost 
     estimate, prepared by the cost analysis improvement group of 
     the Office of the Secretary of Defense, with respect to the 
     Future Combat Systems program.
       (4) The Secretary of the Army submits to the congressional 
     defense committees a report containing--
       (A) the organizational design, quantities, and fielding 
     plan for each of the current force Brigade Combat Teams and 
     the Future Combat Systems Brigade Combat Teams; and
       (B) the Future Combat Systems Manned Ground Vehicle 
     research, development, test, and evaluation and procurement 
     plan and budgets through the future-years defense plan, 
     including unit procurement cost for each Future Combat 
     Systems Manned Ground Vehicle variant in constant and 
     current-year dollars.
       (5) The Secretary of Defense submits to the congressional 
     defense committees a report describing and evaluating the 
     requirements and budgets for the technology insertion program 
     for integrating Future Combat Systems capabilities into 
     current force programs through the future-years defense plan 
     for the purpose of determining--
       (A) the balance in programs and resources between the 
     Future Combat Systems Brigade Combat Teams and the current 
     force Brigade Combat Teams;
       (B) the feasibility of accelerating technology insertion 
     into the current force Brigade Combat Teams;
       (C) the level of research, development, test, and 
     evaluation and procurement funding to support planned 
     technology insertions into the

[[Page H12751]]

     current force Brigade Combat Teams through the future-years 
     defense plan; and
       (D) the capabilities of a current force Brigade Combat Team 
     equipped with planned technology insertions in 2010, in 
     comparison to a Future Combat Systems Manned Ground Vehicle 
     Brigade Combat Team in 2014.
       (b) Exception for Non-Line-of-Sight Cannon System.--This 
     section does not apply with respect to the obligation of 
     funds for systems development and demonstration of the non-
     line-of-sight cannon system.

     SEC. 214. SEPARATE PROGRAM ELEMENTS REQUIRED FOR SIGNIFICANT 
                   SYSTEMS DEVELOPMENT AND DEMONSTRATION PROJECTS 
                   FOR ARMORED SYSTEMS MODERNIZATION PROGRAM.

       (a) Program Elements Specified.--Effective for the budget 
     of the President submitted to Congress under section 1105(a) 
     of title 31, United States Code, for fiscal year 2008 and 
     each fiscal year thereafter, the Secretary of Defense shall 
     ensure that a separate, dedicated program element is assigned 
     to each of the following systems development and 
     demonstration projects of the Armored Systems Modernization 
     program:
       (1) Manned Ground Vehicles.
       (2) Systems of Systems Engineering and Program Management.
       (3) Future Combat Systems Reconnaissance Platforms and 
     Sensors.
       (4) Future Combat Systems Unmanned Ground Vehicles.
       (5) Unattended Sensors.
       (6) Sustainment.
       (b) Early Commencement of Display in Budget Justification 
     Materials.--As part of the budget justification materials 
     submitted to Congress in support of the Department of Defense 
     budget for fiscal year 2007, as submitted with the budget of 
     the President under such section 1105(a), the Secretary of 
     the Army shall set forth the budget justification material 
     for the systems development and demonstration projects of the 
     Armored Systems Modernization program identified in 
     subsection (a) as if the projects were already separate 
     program elements.
       (c) Technology Insertion to Current Force.--
       (1) Report on establishment of additional program 
     element.--Not later than June 1, 2006, the Secretary of the 
     Army shall submit a report to the congressional defense 
     committees describing the manner in which the costs of 
     integrating Future Combat Systems capabilities into current 
     force programs could be assigned to a separate, dedicated 
     program element and any management issues that would be 
     raised as a result of establishing such a program element.
       (2) Display in budget justification materials.--As part of 
     the budget justification materials submitted to Congress in 
     support of the Department of Defense budget for fiscal year 
     2007 and each fiscal year thereafter, as submitted with the 
     budget of the President under such section 1105(a), the 
     Secretary of the Army shall set forth the budget 
     justification material for technology insertion to the 
     current force under the Armored Systems Modernization 
     program.

     SEC. 215. INITIATION OF PROGRAM TO DESIGN AND DEVELOP NEXT-
                   GENERATION NUCLEAR ATTACK SUBMARINE.

       (a) Program Required.--The Secretary of the Navy shall 
     initiate a program to design and develop the next-generation 
     of nuclear attack submarines.
       (b) Objective.--The objective of the program required by 
     subsection (a) is to develop a nuclear attack submarine that 
     meets or exceeds the warfighting capability of a submarine of 
     the current Virginia class at a cost dramatically lower than 
     the cost of a submarine of the Virginia class. The Secretary 
     may meet such objective by modifying the Virginia class of 
     nuclear submarines to incorporate new technology.
       (c) Report.--
       (1) In general.--The Secretary of the Navy shall include, 
     with the defense budget justification materials submitted in 
     support of the President's budget for fiscal year 2007 
     submitted to Congress under section 1105 of title 31, United 
     States Code, a report on the program required by subsection 
     (a).
       (2) Contents.--The report shall include--
       (A) an outline of the management approach to be used in 
     carrying out the program;
       (B) the goals for the program; and
       (C) a schedule for the program.

     SEC. 216. EXTENSION OF REQUIREMENTS RELATING TO MANAGEMENT 
                   RESPONSIBILITY FOR NAVAL MINE COUNTERMEASURES 
                   PROGRAMS.

       (a) In General.--Section 216 of the National Defense 
     Authorization Act for Fiscal Years 1992 and 1993 (Public Law 
     102-190; 105 Stat. 1317), as most recently amended by section 
     212 of the Bob Stump National Defense Authorization Act for 
     Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2480), is 
     amended--
       (1) in subsection (a), by striking ``2008'' and inserting 
     ``2011'';
       (2) in subsection (b)(1), by inserting after ``Secretary of 
     Defense'' the following: ``, and the Secretary of Defense has 
     forwarded to the congressional defense committees,'';
       (3) in subsection (b)(2), by inserting before the semicolon 
     at the end the following: ``and, by so certifying, ensures 
     that the budget meets the requirements of section 2437 of 
     title 10, United States Code''; and
       (4) by striking subsection (c) and inserting the following 
     new subsection (c):
       ``(c) Notification of Certain Proposed Changes.--
       ``(1) In general.--With respect to a fiscal year, the 
     Secretary may not carry out any change to the naval mine 
     countermeasures master plan or the budget resources for mine 
     countermeasures with respect to that fiscal year until after 
     the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics submits to the congressional defense committees 
     a notification of the proposed change. Such notification 
     shall describe the nature of the proposed change and the 
     effect of the proposed change on the naval mine 
     countermeasures program or related programs with respect to 
     that fiscal year.
       ``(2) Exception.--Paragraph (1) does not apply to a change 
     if both--
       ``(A) the amount of the change is below the applicable 
     reprogramming threshold; and
       ``(B) the effect of the change does not affect the validity 
     of the decision to certify.''.
       (b) Notice and Certification Before Decommissiong of MHC-51 
     Vessels.--The Secretary of the Navy may not decommission any 
     vessel of the MHC-51 mine countermeasures class before the 
     end of the service life of that vessel until--
       (1) the Secretary submits to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a report on existing 
     capabilities to assume the MHC-51 mission, together with the 
     Secretary's certification that the capabilities of the 
     vessels of the MHC-51 mine countermeasures class are no 
     longer required; and
       (2) a period of 30 days has elapsed after the date of 
     receipt of that report and certification by those committees.

     SEC. 217. SINGLE SET OF REQUIREMENTS FOR ARMY AND MARINE 
                   CORPS HEAVY LIFT ROTORCRAFT PROGRAM.

       (a) Joint Requirement.--The Secretary of the Army and the 
     Secretary of the Navy shall develop a single set of 
     requirements for the Joint Heavy Lift program for the Army 
     and the Marine Corps.
       (b) Approval by JROC Required.--The Secretary of Defense 
     may not authorize entry into Systems Development and 
     Demonstration for the next-generation heavy lift rotorcraft 
     until the single joint requirement required by subsection (a) 
     has been approved by the Joint Requirements Oversight 
     Council.
       (c) Exception.--This section does not apply to the CH-53X 
     Heavy Lift Replacement Program.

     SEC. 218. REQUIREMENTS FOR DEVELOPMENT OF TACTICAL RADIO 
                   COMMUNICATIONS SYSTEMS.

       (a) Interim Tactical Radio Communications.--The Secretary 
     of Defense shall--
       (1) assess the immediate requirements of the military 
     departments for tactical radio communications systems;
       (2) ensure that the military departments rapidly acquire 
     tactical radio communications systems utilizing existing 
     technology or mature systems readily available in the 
     commercial marketplace; and
       (3) develop a plan and roadmap for the development, 
     procurement, deployment, and sustainment of interim and 
     future tactical radio communications systems.
       (b) Joint Tactical Radio System.--The Secretary of Defense 
     shall apply Department of Defense Instruction 5000.2 to the 
     Joint Tactical Radio System in a manner that does not permit 
     the Milestone B entrance requirements to be waived unless the 
     Secretary certifies that the Department is unable to meet 
     critical national security objectives.
       (c) Certification of Budgets.--
       (1) Budgeting through joint program office.--The Secretary 
     of Defense shall require that the Secretary of each military 
     department, and the head of each Defense Agency with programs 
     developing components of or research related to the Joint 
     Tactical Radio System transmit such proposed budgets for 
     these activities, including all waveform development 
     activities, for a fiscal year to the head of the single joint 
     program office designated under section 213 of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136; 117 Stat. 1416) for review and certification under 
     paragraph (2) before submitting such proposed budget to the 
     Under Secretary of Defense (Comptroller).
       (2) Actions of head of joint program office.--The head of 
     the single joint program office designated under section 213 
     of the National Defense Authorization Act for Fiscal Year 
     2004 (Public Law 108-136; 117 Stat. 1416) shall review each 
     proposed budget transmitted under paragraph (1) and shall, 
     not later than January 31 of the year preceding the fiscal 
     year for which such budgets are proposed, submit to the 
     Secretary of Defense a report containing comments with 
     respect to all such proposed budgets, together with the 
     certification as to whether such proposed budgets are 
     adequate and whether such proposed budgets provide balanced 
     support for the plan required under subsection (a)(3).
       (3) Actions of secretary of defense.--The Secretary of 
     Defense shall, not later than March 31 of the year preceding 
     the fiscal year for which such budgets are proposed, submit 
     to Congress a report on those proposed budgets which the head 
     of the single joint program office has not certified under 
     paragraph (2) to be adequate, including a discussion of the 
     actions that the Secretary proposes to take to address the 
     inadequacy of the proposed budgets.
       (d) Report on Implementation Required.--Not later than May 
     1, 2006, the Secretary of Defense shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives a report on 
     the implementation of this section.

     SEC. 219. LIMITATION ON SYSTEMS DEVELOPMENT AND DEMONSTRATION 
                   OF PERSONNEL RECOVERY VEHICLE.

       Not more than 40 percent of the amounts made available 
     pursuant to the authorization of appropriations in section 
     201 for systems development and demonstration of the 
     Personnel Recovery Vehicle may be obligated until 30 days 
     after the date on which the Secretary of Defense submits to 
     the congressional defense committees each of the following:
       (1) The Secretary's certification that the requirements for 
     the Personnel Recovery Vehicle have been validated by the 
     Joint Requirements Oversight Council and that the acquisition

[[Page H12752]]

     schedule has been validated by the Under Secretary of Defense 
     for Acquisition, Technology, and Logistics.
       (2) The Secretary's certification that all technologies 
     required to meet the requirements (as validated under 
     paragraph (1)) for the Personnel Recovery Vehicle are mature 
     and will have been demonstrated in a relevant environment 
     before inclusion in production aircraft.
       (3) The Secretary's assessment of whether another aircraft, 
     or modification of an aircraft, in the inventory of the 
     Department of Defense can meet the requirements and provide a 
     more cost effective solution (as validated under paragraph 
     (1)) for the Personnel Recovery Vehicle Program.
       (4) In the event that the Department chooses to award a 
     contract for the Personnel Recovery Vehicle Program for an 
     aircraft not in the Department of Defense inventory, the 
     Secretary's explanation of the reasons why the chosen system 
     would be more effective or less expensive in terms of total 
     life-cycle costs.
       (5) A statement setting forth the independent cost estimate 
     and manpower estimate (as required by section 2434 of title 
     10, United States Code) for the Personnel Recovery Vehicle.

     SEC. 220. LIMITATION ON VXX HELICOPTER PROGRAM.

       (a) Limitation.--Of the amounts appropriated or otherwise 
     made available pursuant to the authorization of 
     appropriations in section 201 for the VXX executive 
     helicopter program, not more than 75 percent may be obligated 
     for system development and demonstration of the VXX 
     helicopter until the Secretary of the Navy submits to 
     Congress an event-driven acquisition strategy for Increment 
     Two of the program that includes the completion of at least 
     one phase of operational testing on production representative 
     test vehicles before the initiation of aircraft production. 
     That acquisition strategy shall be developed by the Secretary 
     working the with the Director of Operational Test and 
     Evaluation of the Department of Defense.
       (a) Report.--Not later than March 15, 2006, the Secretary 
     of the Navy shall submit to the congressional defense 
     committees a report setting forth in detail the acquisition 
     strategy referred to in subsection (a). The report shall, at 
     a minimum, include the following:
       (1) A list of the critical technologies required for the 
     production and operation of Increment Two aircraft for the 
     VXX executive helicopter program.
       (2) A schedule that accepts no more than moderate risk in 
     either cost or schedule for the demonstration and test of 
     each critical technology listed pursuant to paragraph (1).
       (3) A description of the event-based decision points and 
     associated decision criteria that will occur before the 
     initiation of production of Increment two aircraft.
       (4) A description of a proposed operational evaluation 
     using production representative test vehicles to occur before 
     the initiation of production of Increment Two aircraft.
       (5) An evaluation of the acquisition strategy for Increment 
     Two aircraft detailed in the report provided by the Director 
     of Operational Test and Evaluation of the Department of 
     Defense.

     SEC. 221. REPORT ON TESTING OF INTERNET PROTOCOL VERSION 6.

       (a) Additional Plan Element.--Subsection (b) of section 331 
     of the Ronald W. Reagan National Defense Authorization Act 
     for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1850) is 
     amended by adding at the end the following new paragraph:
       ``(5) A certification by the Chairman of the Joint Chiefs 
     of Staff that the conversion of Department of Defense 
     networks to Internet Protocol version 6 will provide 
     equivalent or better performance and capabilities than that 
     which would be provided by any other combination of available 
     technologies or protocols.''.
       (b) Official Responsible for Oversight of Test and 
     Evaluation Plan.--Such section is further amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Official Responsible for Oversight of Test and 
     Evaluation Plan.--The Secretary of Defense shall designate 
     the Director of Operational Test and Evaluation of the 
     Department of Defense as the official responsible within the 
     Department of Defense for oversight and direction of the test 
     and evaluation plan under this section and for approval of 
     the master test and evaluation plan under this section.''.
       (c) Annual Report.--Subsection (e) of such section (as 
     redesignated by subsection (b)(1)) is amended to read as 
     follows:
       ``(e) Reports.--
       ``(1) Not later than June 30, 2006, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report containing the transition plan under subsection (a), 
     updated to the time of the submission of the report.
       ``(2) For each of fiscal years 2006 through 2008, the 
     Secretary of Defense shall, not later than the end of that 
     fiscal year, submit to the congressional defense committees a 
     report on the testing and evaluation carried out pursuant to 
     subsection (c).''.
                  Subtitle C--Missile Defense Programs

     SEC. 231. REPORT ON CAPABILITIES AND COSTS FOR OPERATIONAL 
                   BOOST/ASCENT-PHASE MISSILE DEFENSE SYSTEMS.

       (a) Secretary of Defense Assessment.--The Secretary of 
     Defense shall conduct an assessment of the United States 
     missile defense programs that are designed to provide 
     capability against threat ballistic missiles in the boost/
     ascent phase of flight.
       (b) Purpose.--The purpose of the assessment shall be to 
     compare and contrast--
       (1) capabilities of those programs (if operational) to 
     defeat, while in the boost/ascent phase of flight, ballistic 
     missiles launched from North Korea or a location in the 
     Middle East against the continental United States, Alaska, or 
     Hawaii; and
       (2) asset requirements and costs for those programs to 
     become operational with the capabilities referred to in 
     paragraph (1).
       (c) Report.--Not later than October 1, 2006, the Secretary 
     shall submit to Congress a report providing the results of 
     the assessment.

     SEC. 232. ONE-YEAR EXTENSION OF COMPTROLLER GENERAL 
                   ASSESSMENTS OF BALLISTIC MISSILE DEFENSE 
                   PROGRAMS.

       (a) Extension.--Section 232(g) of the National Defense 
     Authorization Act for Fiscal Year 2002 (Public Law 107-107; 
     10 U.S.C. 2431 note) is amended--
       (1) in paragraph (1), by striking ``through 2006'' and 
     inserting ``through 2007''; and
       (2) in paragraph (2), by striking ``through 2007'' and 
     inserting ``through 2008''.
       (b) Modification of Submittal Date.--Paragraph (2) of such 
     section is further amended by striking ``February 15'' and 
     inserting ``March 15''.

     SEC. 233. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

       Upon approval by the Secretary of Defense, funds authorized 
     to be appropriated for fiscal years 2006 and 2007 for 
     research, development, test, and evaluation for the Missile 
     Defense Agency may be used for the development and fielding 
     of ballistic missile defense capabilities.

     SEC. 234. PLANS FOR TEST AND EVALUATION OF OPERATIONAL 
                   CAPABILITY OF THE BALLISTIC MISSILE DEFENSE 
                   SYSTEM.

       (a) Test and Evaluation Plans for Blocks.--
       (1) Plans required.--With respect to block 06 and each 
     subsequent block of the Ballistic Missile Defense System, the 
     appropriate joint and service operational test and evaluation 
     components of the Department of Defense concerned with the 
     block shall prepare a plan, appropriate for the level of 
     technological maturity of the block, to test, evaluate, and 
     characterize the operational capability of the block.
       (2) Consultation and review.--The preparation of each plan 
     under this subsection shall be--
       (A) carried out in coordination with the Missile Defense 
     Agency; and
       (B) subject to the review and approval of the Director of 
     Operational Test and Evaluation.
       (b) Reports on Test and Evaluation of Blocks.--At the 
     conclusion of the test and evaluation of block 06 and each 
     subsequent block of the Ballistic Missile Defense System, the 
     Director of Operational Test and Evaluation shall submit to 
     the Secretary of Defense and the congressional defense 
     committees a report providing--
       (1) the assessment of the Director as to whether or not the 
     test and evaluation was adequate to evaluate the operational 
     capability of the block; and
       (2) the characterization of the Director as to the 
     operational effectiveness, suitability, and survivability of 
     the block, as appropriate for the level of technological 
     maturity of the block tested.
Subtitle D--High-Performance Defense Manufacturing Technology Research 
                            and Development

     SEC. 241. PILOT PROGRAM FOR IDENTIFICATION AND TRANSITION OF 
                   ADVANCED MANUFACTURING PROCESSES AND 
                   TECHNOLOGIES.

       (a) Pilot Program Required.--The Under Secretary of Defense 
     for Acquisition, Technology, and Logistics shall conduct a 
     pilot program under the authority of section 2521 of title 
     10, United States Code, to identify and transition advanced 
     manufacturing processes and technologies the utilization of 
     which would achieve significant productivity and efficiency 
     gains in the defense manufacturing base.
       (b) Consideration of Defense Priorities.--In carrying out 
     subsection (a), the Under Secretary shall take into 
     consideration the defense priorities established in the most 
     current Joint Warfighting Science and Technology plan, as 
     required under section 270 of the National Defense 
     Authorization Act for Fiscal Year 1997 (Public Law 104-201; 
     10 U.S.C. 2501 note).
       (c) Identification for Transition.--In identifying 
     manufacturing processes and technologies for transition to 
     the defense manufacturing base under the pilot program, the 
     Under Secretary shall select the most promising 
     transformational technologies and manufacturing processes, in 
     consultation with the Director of Defense Research and 
     Engineering, the Joint Defense Manufacturing Technology 
     Panel, and other such entities as may be appropriate, 
     including the Director of the Small Business Innovation 
     Research Program.

     SEC. 242. TRANSITION OF TRANSFORMATIONAL MANUFACTURING 
                   PROCESSES AND TECHNOLOGIES TO DEFENSE 
                   MANUFACTURING BASE.

       (a) Prototypes and Test Beds.--The Under Secretary of 
     Defense for Acquisition, Technology, and Logistics shall 
     undertake the development of prototypes and test beds to 
     validate the manufacturing processes and technologies 
     selected for transition under the pilot program under section 
     241.
       (b) Diffusion of Enhancements.--The Under Secretary shall 
     seek the cooperation of industry in adopting such 
     manufacturing processes and technologies through the 
     following:
       (1) The Manufacturing Extension Partnership Program.
       (2) The identification of incentives for industry to 
     incorporate and utilize such manufacturing processes and 
     technologies.

     SEC. 243. MANUFACTURING TECHNOLOGY STRATEGIES.

       (a) In General.--The Under Secretary of Defense for 
     Acquisition, Technology, and Logistics may--

[[Page H12753]]

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

     SEC. 244. REPORT.

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

     SEC. 245. DEFINITIONS.

       In this subtitle:
       (1) Defense manufacturing base.--The term ``defense 
     manufacturing base'' includes any supplier of the Department 
     of Defense, including a supplier of raw materials.
       (2) Manufacturing extension partnership program.--The term 
     ``Manufacturing Extension Partnership Program'' means the 
     Manufacturing Extension Partnership Program of the Department 
     of Commerce.
       (3) Small business innovation research program.--The term 
     ``Small Business Innovation Research Program'' has the 
     meaning given that term in section 2500(11) of title 10, 
     United States Code.
                       Subtitle E--Other Matters

     SEC. 251. COMPTROLLER GENERAL REPORT ON PROGRAM ELEMENT 
                   STRUCTURE FOR RESEARCH, DEVELOPMENT, TEST, AND 
                   EVALUATION PROJECTS.

       (a) Report Required.--The Comptroller General shall prepare 
     a report containing assessments of--
       (1) the current program element structure and content used 
     to account for projects carried out, or proposed to be 
     carried out, using amounts for research, development, test, 
     and evaluation activities; and
       (2) the effectiveness of such program elements, and related 
     budget justification materials, in providing necessary 
     information for budget transparency and oversight by the 
     congressional defense committees.
       (b) Recommendations.--The report required by subsection (a) 
     shall also include such recommendations as the Comptroller 
     General considers to be appropriate regarding program element 
     size and content, budget justification material content, and 
     appropriate reprogramming authorities within and between 
     program elements, particularly in connection with highly 
     complex research and development programs that employ the 
     system-of-systems concept.
       (c) Submission.-- The report required by subsection (a) 
     shall be submitted to the congressional defense committees 
     not later than February 1, 2007.

     SEC. 252. 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 new 
     subsections:
       ``(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 (Public Law 104-201; 
     10 U.S.C. 2501 note).
       ``(B) The Defense Technology Area Plan of the Department of 
     Defense.
       ``(C) The Basic Research Plan of the Department of Defense.
       ``(3) Input in identification of areas of effort.--The 
     criteria and procedures described in paragraph (1) shall 
     include input in the identification of areas of research and 
     development efforts described in that paragraph from 
     Department of Defense program managers (PMs) and program 
     executive officers (PEOs).
       ``(y) Commercialization Pilot Program.--
       ``(1) In general.--The Secretary of Defense and the 
     Secretary of each military department is authorized to create 
     and administer a `Commercialization Pilot Program' to 
     accelerate the transition of technologies, products, and 
     services developed under the Small Business Innovation 
     Research Program to Phase III, including the acquisition 
     process.
       ``(2) Identification of research programs for accelerated 
     transition to acquisition process.--In carrying out the 
     Commercialization Pilot Program, the Secretary of Defense and 
     the Secretary of each military department shall identify 
     research programs of the Small Business Innovation Research 
     Program that have the potential for rapid transitioning to 
     Phase III and into the acquisition process.
       ``(3) Limitation.--No research program may be identified 
     under paragraph (2) unless the Secretary of the military 
     department concerned certifies in writing that the successful 
     transition of the program to Phase III and into the 
     acquisition process is expected to meet high priority 
     military requirements of such military department.
       ``(4) Funding.--For payment of expenses incurred to 
     administer the Commercialization Pilot Program under this 
     subsection, the Secretary of Defense and each Secretary of a 
     military department is authorized to use not more than an 
     amount equal to 1 percent of the funds available to the 
     Department of Defense or the military department pursuant to 
     the Small Business Innovation Research Program. Such funds--
       ``(A) shall not be subject to the limitations on the use of 
     funds in subsection (f)(2); and
       ``(B) shall not be used to make Phase III awards.
       ``(5) Evaluative report.--At the end of each fiscal year, 
     the Secretary of Defense 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 
     prime contractors; and
       ``(C) a detailed compilation of results achieved by the 
     Commercialization Pilot Program, including the number of 
     small business concerns assisted and the number of projects 
     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), as amended by 
     subsection (a), is further 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.''.

     SEC. 253. REVISED REQUIREMENTS RELATING TO SUBMISSION OF 
                   JOINT WARFIGHTING SCIENCE AND TECHNOLOGY PLAN.

       (a) Biennial Submittal.--Section 270 of the National 
     Defense Authorization Act for Fiscal Year 1997 (Public Law 
     104-201; 10 U.S.C. 2501 note) is amended--
       (1) by striking ``ANNUAL'' in the section heading and 
     inserting ``BIENNIAL''; and
       (2) by striking ``(a) Annual Plan Required.--On March 1 of 
     each year'' and inserting ``Not later than March 1 of each 
     even-numbered year''.
       (b) Repeal of Requirement for Inclusion of Technology Area 
     Review and Assessment Summaries With JWSTP.--Subsection (b) 
     of such section is repealed.
       (c) Requirement for Separate Reports on Technology Area 
     Review and Assessment Summaries.--Whenever the Secretary of 
     Defense provides for the conduct of a study referred to as a 
     Technology Area Review and Assessment, the Secretary shall, 
     not later than March 1 of the year following the year in 
     which

[[Page H12754]]

     that study is conducted, submit to the congressional defense 
     committees a report containing a summary of each such 
     Technology Area Review and Assessment conducted during that 
     year.

     SEC. 254. REPORT ON EFFICIENCY OF NAVAL SHIPBUILDING 
                   INDUSTRY.

       (a) Assessment of Efficiency of Naval Shipbuilding 
     Industry.--
       (1) Assessment required.--The Secretary of the Navy shall 
     conduct an assessment of the United States naval shipbuilding 
     industry to determine how worldwide shipbuilding industry 
     best practices for innovation, design, and production 
     technologies, processes, and infrastructure could be adopted 
     to improve efficiency in the following areas:
       (A) Program design, engineering, and production 
     engineering.
       (B) Organization and operating systems.
       (C) Steelwork production.
       (D) Ship construction and outfitting.
       (2) Contents of assessment.--The assessment under paragraph 
     (1) shall include the following:
       (A) An identification of any best practice of the worldwide 
     shipbuilding industry that the United States naval 
     shipbuilding industry has not adopted, the adoption of which 
     would lower construction costs.
       (B) The estimated cost of adopting any best practice 
     identified under subparagraph (A) and any estimated return on 
     an investment made by a shipyard to adopt such a best 
     practice.
       (C) Any recommendation of the Secretary to increase the 
     efficiency of the United States naval shipbuilding industry.
       (3) Relation to independent navy ship construction 
     assessment.--The assessment under paragraph (1) shall occur 
     subsequent to, and take into consideration the results of, 
     the study of the cost effectiveness of the ship construction 
     program of the Navy required by section 1014 of the Ronald W. 
     Reagan National Defense Authorization Act for Fiscal Year 
     2005 (Public Law 108-375; 118 Stat. 2041).
       (b) Report.--Not later than April 1, 2006, the Secretary of 
     the Navy shall submit to the congressional defense committees 
     a report containing the Secretary's findings and conclusions 
     based on the assessment under subsection (a).

     SEC. 255. TECHNOLOGY TRANSITION.

       (a) Clarification of Duties of Technology Transition 
     Council.--Paragraph (2) of section 2359a(g) of title 10, 
     United States Code, is amended to read as follows:
       ``(2) The duty of the Council shall be to support the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics in developing policies to facilitate the rapid 
     transition of technologies from science and technology 
     programs into acquisition programs of the Department of 
     Defense.''.
       (b) Report on Technology Transition.--
       (1) Report required.--The Secretary of Defense shall submit 
     to the Committee on Armed Services of the Senate and the 
     Committee on Armed Services of the House of Representatives a 
     report concerning the challenges associated with technology 
     transition from the science and technology programs of the 
     Department of Defense to the acquisition programs of the 
     Department of Defense. The Secretary shall include in the 
     report a strategy to address those challenges. The Secretary 
     shall prepare the report working through the Technology 
     Transition Council of the Department of Defense established 
     under section 2359a(g) of title 10, United States Code.
       (2) Matters to be included.--The report shall include the 
     following:
       (A) A description of any internal organizational barriers 
     within the Department to technology transition between the 
     technology development, acquisition, and operations 
     components of the Department.
       (B) An assessment of the effect of Department acquisition 
     regulations on technology transition.
       (C) An assessment of the effects of the requirements 
     validation process and the planning, programming, budgeting, 
     and execution processes of the Department on technology 
     transition.
       (D) A description of other challenges associated with 
     technology transition in the Department that are identified 
     by the Secretary.
       (E) A Department-wide strategy for pursuing technology 
     transition.
       (F) Such recommendations as the Secretary considers 
     appropriate to eliminate internal barriers within the 
     Department to technology transition.
       (3) Submittal date.--The report under paragraph (1) shall 
     be submitted not later than nine months after the date of the 
     enactment of this Act.

     SEC. 256. PREVENTION, MITIGATION, AND TREATMENT OF BLAST 
                   INJURIES.

       (a) Designation of Executive Agent.--The Secretary of 
     Defense shall designate an executive agent to be responsible 
     for coordinating and managing the medical research efforts 
     and programs of the Department of Defense relating to the 
     prevention, mitigation, and treatment of blast injuries.
       (b) General Responsibilities.--The executive agent 
     designated under subsection (a) shall be responsible for--
       (1) planning for the medical research and development 
     projects, diagnostic and field treatment programs, and 
     patient tracking and monitoring activities within the 
     Department that relate to combat blast injuries;
       (2) efficient execution of such projects, programs, and 
     activities;
       (3) enabling the sharing of blast injury health hazards and 
     survivability data collected through such projects, programs, 
     and activities with the programs of the Department of 
     Defense;
       (4) working with the Director, Defense Research and 
     Engineering and the Secretaries of the military departments 
     to ensure resources are adequate to also meet non-medical 
     requirements related to blast injury prevention, mitigation, 
     and treatment; and
       (5) ensuring that a joint combat trauma registry is 
     established and maintained for the purposes of collection and 
     analysis of contemporary combat casualties, including 
     casualties with traumatic brain injury.
       (c) Medical Research Efforts.--
       (1) In general.--The executive agent designated under 
     subsection (a) shall review and assess the adequacy of 
     medical research efforts of the Department of Defense as of 
     the date of the enactment of this Act relating to the 
     following:
       (A) The characterization of blast effects leading to 
     injury, including the injury potential of blasts in various 
     environments.
       (B) Medical technologies and protocols to more accurately 
     detect and diagnose blast injuries, including improved 
     discrimination between traumatic brain injuries and mental 
     health disorders.
       (C) Enhanced treatment of blast injuries in the field.
       (D) Integrated treatment approaches for members of the 
     Armed Forces who have a combination of traumatic brain 
     injuries and mental health disorders or other injuries.
       (E) Such other blast injury matters as the executive agent 
     considers appropriate.
       (2) Requirements for research efforts.--Based on the 
     assessment under paragraph (1), the executive agent shall 
     establish requirements for medical research efforts described 
     in that paragraph in order to enhance and accelerate those 
     research efforts.
       (3) Oversight of research efforts.--The executive agent 
     shall establish, coordinate, and oversee Department-wide 
     medical research efforts relating to the prevention, 
     mitigation, and treatment of blast injuries, as necessary, to 
     fulfill requirements established under paragraph (2).
       (d) Other Related Research Efforts.--The Director, Defense 
     Research and Engineering, in coordination with the executive 
     agent designated under subsection (a) and the Director of the 
     Joint IED Defeat Task Force, shall--
       (1) review and assess the adequacy of current research 
     efforts of the Department on the prevention and mitigation of 
     blast injuries;
       (2) based on subsection (c)(1), establish requirements for 
     further research; and
       (3) address any deficiencies identified in paragraphs (1) 
     and (2) by establishing, coordinating, and overseeing 
     Department-wide research and development initiatives on the 
     prevention and mitigation of blast injuries, including 
     explosive detection and defeat and personnel and vehicle 
     blast protection.
       (e) Studies.--The executive agent designated under 
     subsection (a) shall conduct studies on the prevention, 
     mitigation, and treatment of blast injuries, including--
       (1) studies to improve the clinical evaluation and 
     treatment approach for blast injuries, with an emphasis on 
     traumatic brain injuries and other consequences of blast 
     injury, including acoustic and eye injuries and injuries 
     resulting from over-pressure wave;
       (2) studies on the incidence of traumatic brain injuries 
     attributable to blast injury in soldiers returning from 
     combat;
       (3) studies to develop protocols for medical tracking of 
     members of the Armed Forces for up to five years following 
     blast injuries; and
       (4) studies to refine and improve educational interventions 
     for blast injury survivors and their families.
       (f) Training.--The executive agent designated under 
     subsection (a), in coordination with the Director of the 
     Joint IED Defeat Task Force, shall develop training protocols 
     for medical and non-medical personnel on the prevention, 
     mitigation, and treatment of blast injuries. Those protocols 
     shall be intended to improve field and clinical training on 
     early identification of blast injury consequences, both seen 
     and unseen, including traumatic brain injuries, acoustic 
     injuries, and internal injuries.
       (g) Information Sharing.--The executive agent designated 
     under subsection (a) shall make available the results of 
     relevant medical research and development projects and 
     studies to--
       (1) Department of Defense programs focused on--
       (A) promoting the exchange of blast health hazards data 
     with blast characterization data and blast modeling and 
     simulation tools; and
       (B) encouraging the incorporation of blast hazards data 
     into design and operational features of blast detection, 
     mitigation, and defeat capabilities, such as comprehensive 
     armor systems which provide blast, ballistic, and fire 
     protection for the head, neck, ears, eyes, torso, and 
     extremities; and
       (2) traumatic brain injury treatment programs to enhance 
     the evaluation and care of members of the Armed Forces with 
     traumatic brain injuries in medical facilities in the United 
     States and in deployed medical facilities, including those 
     outside the Department of Defense.
       (h) Reports on Blast Injury Matters.--
       (1) Reports required.--Not later than 270 days after the 
     date of the enactment of this Act, and annually thereafter 
     through 2008, the Secretary of Defense shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives a report on 
     the efforts and programs of the Department of Defense 
     relating to the prevention, mitigation, and treatment of 
     blast injuries.
       (2) Elements.--Each report under paragraph (1) shall 
     include the following:
       (A) A description of the activities undertaken under this 
     section during the two years preceding the report to improve 
     the prevention, mitigation, and treatment of blast injuries.

[[Page H12755]]

       (B) A consolidated budget presentation for Department of 
     Defense biomedical research efforts and studies related to 
     blast injury for the two fiscal years following the year of 
     the report.
       (C) A description of any gaps in the capabilities of the 
     Department and any plans to address such gaps within 
     biomedical research related to blast injury, blast injury 
     diagnostic and treatment programs, and blast injury tracking 
     and monitoring activities.
       (D) A description of collaboration, if any, with other 
     departments and agencies of the Federal Government, and with 
     other countries, during the two years preceding the report in 
     efforts for the prevention, mitigation, and treatment of 
     blast injuries.
       (E) A description of any efforts during the two years 
     preceding the report to disseminate findings on the diagnosis 
     and treatment of blast injuries through civilian and military 
     research and medical communities.
       (F) A description of the status of efforts during the two 
     years preceding the report to incorporate blast injury 
     effects data into appropriate programs of the Department of 
     Defense and into the development of comprehensive force 
     protection systems that are effective in confronting blast, 
     ballistic, and fire threats.
       (i) Deadline for Designation of Executive Agent.--The 
     Secretary shall make the designation required by subsection 
     (a) not later than 90 days after the date of the enactment of 
     this Act.
       (j) Blast Injuries Defined.--In this section, the term 
     ``blast injuries'' means injuries that occur as the result of 
     the detonation of high explosives, including vehicle-borne 
     and person-borne explosive devices, rocket-propelled 
     grenades, and improvised explosive devices.
       (k) Executive Agent Defined.--In this section, the term 
     ``executive agent'' has the meaning provided such term in 
     Department of Defense Directive 5101.1.

     SEC. 257. MODIFICATION OF REQUIREMENTS FOR ANNUAL REPORT ON 
                   DARPA PROGRAM TO AWARD CASH PRIZES FOR ADVANCED 
                   TECHNOLOGY ACHIEVEMENTS.

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

     SEC. 258. DESIGNATION OF FACILITIES AND RESOURCES 
                   CONSTITUTING THE MAJOR RANGE AND TEST FACILITY 
                   BASE.

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

     SEC. 259. REPORT ON COOPERATION BETWEEN DEPARTMENT OF DEFENSE 
                   AND 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 the 
     following:
       (1) Aeronautics research.
       (2) Facilities, personnel, and support infrastructure.
       (3) Propulsion and power technologies.
       (4) Space access and operations, including responsive 
     launch and small satellite development.

     SEC. 260. 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 (10 U.S.C. 
     2281 note) is amended by striking ``After September 30, 
     2005'' and inserting ``After September 30, 2007''.
       (b) Ratification of Actions.--The amendment made by 
     subsection (a) shall be deemed to have taken effect at the 
     close of September 30, 2005, and 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 with 
     respect to the provision of law specified in subsection (a).

     SEC. 261. REPORT ON DEVELOPMENT AND USE OF ROBOTICS AND 
                   UNMANNED GROUND VEHICLE SYSTEMS.

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

              Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Other Department of Defense programs.

                  Subtitle B--Environmental Provisions

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

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Modification of authority of Army working-capital funded 
              facilities to engage in cooperative activities with non-
              Army entities.
Sec. 322. Limitation on transition of funding for east coast shipyards 
              from funding through Navy working capital fund to direct 
              funding.
Sec. 323. Armament Retooling and Manufacturing Support Initiative 
              matters.
Sec. 324. Sense of Congress regarding depot maintenance.

              Subtitle D--Extension of Program Authorities

Sec. 331. Extension of authority to provide logistics support and 
              services for weapons systems contractors.

[[Page H12756]]

Sec. 332. Extension of period for reimbursement for certain protective, 
              safety, or health equipment purchased by or for members 
              of the Armed Forces deployed in contingency operations.

                        Subtitle E--Outsourcing

Sec. 341. Public-private competition.
Sec. 342. Contracting for procurement of certain supplies and services.
Sec. 343. Performance of certain work by Federal Government employees.
Sec. 344. Extension of temporary authority for contractor performance 
              of security-guard functions.

             Subtitle F--Analysis, Strategies, and Reports

Sec. 351. Report on Department of Army programs for prepositioning of 
              equipment and other materiel.
Sec. 352. Reports on budget models used for base operations support, 
              sustainment, and facilities recapitalization.
Sec. 353. Army training strategy for brigade-based combat teams and 
              functional supporting brigades.
Sec. 354. Report regarding effect on military readiness of undocumented 
              immigrants trespassing upon operational ranges.
Sec. 355. Report regarding management of Army lodging.
Sec. 356. Comptroller General report on corrosion prevention and 
              mitigation programs of the Department of Defense.
Sec. 357. Study on use of biodiesel and ethanol fuel.
Sec. 358. Report on effects of windmill farms on military readiness.
Sec. 359. Report on space-available travel for certain disabled 
              veterans and gray-area retirees.
Sec. 360. Report on joint field training and experimentation on 
              stability, security, transition, and reconstruction 
              operations.
Sec. 361. Reports on budgeting relating to sustainment of key military 
              equipment.
Sec. 362. Repeal of Air Force report on military installation 
              encroachment issues.

                       Subtitle G--Other Matters

Sec. 371. Supervision and management of Defense Business Transformation 
              Agency.
Sec. 372. Codification and revision of limitation on modification of 
              major items of equipment scheduled for retirement or 
              disposal.
Sec. 373. Limitation on purchase of investment items with operation and 
              maintenance funds.
Sec. 374. Operation and use of general gift funds of the Department of 
              Defense and Coast Guard.
Sec. 375. Inclusion of packet based telephony in Department of Defense 
              telecommunications benefit.
Sec. 376. Limitation on financial management improvement and audit 
              initiatives within Department of Defense.
Sec. 377. Provision of welfare of special category residents at Naval 
              Station Guantanamo Bay, Cuba.
Sec. 378. Commemoration of success of the Armed Forces in Operation 
              Enduring Freedom and Operation Iraqi Freedom.

                Subtitle H--Utah Test and Training Range

Sec. 381. Definitions.
Sec. 382. Military operations and overflights, Utah Test and Training 
              Range.
Sec. 383. Analysis of military readiness and operational impacts in 
              planning process for Federal lands in Utah Test and 
              Training Range.
Sec. 384. Designation and management of Cedar Mountain Wilderness, 
              Utah.
Sec. 385. Relation to other lands.
              Subtitle A--Authorization of Appropriations

     SEC. 301. OPERATION AND MAINTENANCE FUNDING.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     expenses, not otherwise provided for, for operation and 
     maintenance, in amounts as follows:
       (1) For the Army, $24,686,295,000.
       (2) For the Navy, $30,538,089,000.
       (3) For the Marine Corps, $3,809,526,000.
       (4) For the Air Force, $31,117,136,000.
       (5) For Defense-wide activities, $18,550,169,000.
       (6) For the Army Reserve, $1,992,542,000.
       (7) For the Navy Reserve, $1,237,295,000.
       (8) For the Marine Corps Reserve, $198,034,000.
       (9) For the Air Force Reserve, $2,487,786,000.
       (10) For the Army National Guard, $4,478,319,000.
       (11) For the Air National Guard, $4,701,991,000.
       (12) For the United States Court of Appeals for the Armed 
     Forces, $11,236,000.
       (13) For Environmental Restoration, Army, $407,865,000.
       (14) For Environmental Restoration, Navy, $305,275,000.
       (15) For Environmental Restoration, Air Force, 
     $406,461,000.
       (16) For Environmental Restoration, Defense-wide, 
     $28,167,000.
       (17) For Environmental Restoration, Formerly Used Defense 
     Sites, $261,921,000.
       (18) For Overseas Humanitarian, Disaster, and Civic Aid 
     programs, $61,546,000.
       (19) For Cooperative Threat Reduction programs, 
     $415,459,000.
       (20) For the Overseas Contingency Operations Transfer Fund, 
     $20,000,000.

     SEC. 302. WORKING CAPITAL FUNDS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     providing capital for working capital and revolving funds in 
     amounts as follows:
       (1) For the Defense Working Capital Funds, $316,340,000.
       (2) For the National Defense Sealift Fund, $1,657,717,000.
       (3) For the Defense Working Capital Fund, Defense 
     Commissary, $1,155,000,000.

     SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

       (a) Defense Health Program.--Funds are hereby authorized to 
     be appropriated for the Department of Defense for fiscal year 
     2006 for expenses, not otherwise provided for, for the 
     Defense Health Program, in the amount of $19,892,594,000, of 
     which--
       (1) $19,348,119,000 is for Operation and Maintenance;
       (2) $169,156,000 is for Research, Development, Test, and 
     Evaluation; and
       (3) $375,319,000 is for Procurement.
       (b) Chemical Agents and Munitions Destruction, Defense.--
       (1) Authorization of appropriations.--Funds are hereby 
     authorized to be appropriated for the Department of Defense 
     for fiscal year 2006 for expenses, not otherwise provided 
     for, for Chemical Agents and Munitions Destruction, Defense, 
     in the amount of $1,425,827,000, of which--
       (A) $1,241,514,000 is for Operation and Maintenance;
       (B) $67,786,000 is for Research, Development, Test, and 
     Evaluation; and
       (C) $116,527,000 is for Procurement.
       (2) Use.--Amounts authorized to be appropriated under 
     paragraph (1) are authorized for--
       (A) the destruction of lethal chemical agents and munitions 
     in accordance with section 1412 of the Department of Defense 
     Authorization Act, 1986 (50 U.S.C. 1521); and
       (B) the destruction of chemical warfare materiel of the 
     United States that is not covered by section 1412 of such 
     Act.
       (c) Drug Interdiction and Counter-Drug Activities, Defense-
     Wide.--Funds are hereby authorized to be appropriated for the 
     Department of Defense for fiscal year 2006 for expenses, not 
     otherwise provided for, for Drug Interdiction and Counter-
     Drug Activities, Defense-wide, in the amount of $901,741,000.
       (d) Defense Inspector General.--Funds are hereby authorized 
     to be appropriated for the Department of Defense for fiscal 
     year 2006 for expenses, not otherwise provided for, for the 
     Office of the Inspector General of the Department of Defense, 
     in the amount of $209,687,000, of which--
       (1) $208,687,000 is for Operation and Maintenance; and
       (2) $1,000,000 is for Procurement.
                  Subtitle B--Environmental Provisions

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

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

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

       (a) Activities at Former Defense Property Subject to 
     Covenant for Additional Remedial Action.--Section 2701(d) of 
     title 10, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by inserting ``any owner of covenant property,'' after 
     ``any Indian tribe,''; and
       (B) by inserting ``owner,'' after ``, Indian tribe,'';
       (2) in paragraph (3), by adding at the end the following 
     new sentence: ``An agreement under such paragraph with 
     respect to a site also may not change the cleanup standards 
     selected for the site pursuant to law.'';
       (3) in paragraph (4), by adding at the end the following 
     new subparagraph:
       ``(C) The term `owner of covenant property' means an owner 
     of property subject to a covenant provided by the United 
     States in accordance with the requirements of paragraphs (3) 
     and (4) of section 120(h) of CERCLA (42 U.S.C. 9620(h)), so 
     long as the covenant property is the site at which the 
     services procured under paragraph (1) are to be performed.''; 
     and
       (4) by adding at the end the following new paragraph:
       ``(5) Savings clause.--Nothing in this subsection affects 
     the applicability of section 120 of CERCLA (42 U.S.C. 6920) 
     to the Department of Defense or the obligations and 
     responsibilities of

[[Page H12757]]

     the Department of Defense under subsection (h) of such 
     section.''.
       (b) Source of Funds for Former BRAC Property Subject to 
     Covenant for Additional Remedial Action.--Section 2703 of 
     such title is amended--
       (1) in subsection (g)(1), by striking ``The sole source'' 
     and inserting ``Except as provided in subsection (h), the 
     sole source''; and
       (2) by adding at the end the following new subsection:
       ``(h) Sole Source of Funds for Environmental Remediation at 
     Certain Base Realignment and Closure Sites.--In the case of 
     property disposed of pursuant to a base closure law and 
     subject to a covenant that was required to be provided by 
     paragraphs (3) and (4) of section 120(h) of CERCLA (42 U.S.C. 
     9620(h)), the sole source of funds for services procured 
     under subsection 2701(d)(1) of this title shall be the 
     applicable Department of Defense base closure account. The 
     limitation in this subsection shall expire upon the closure 
     of the applicable base closure account.''.
                 Subtitle C--Workplace and Depot Issues

     SEC. 321. 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), (i), 
     and (j) as subsections (f), (g), (h), (i), (j), and (k) 
     respectively;
       (3) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Proceeds Credited to Working Capital Fund.--The 
     proceeds received from the sale of an article or service 
     pursuant to a contract or other cooperative arrangement under 
     this section shall be credited to the working capital fund 
     that incurs the cost of manufacturing the article or 
     performing the service.''; and
       (4) in subsection (g), as redesignated by paragraph (2), by 
     striking ``subsection (e)'' and inserting ``subsection (f)''.

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

       (a) Limitation.--The Secretary of the Navy may not convert 
     funding for the shipyards of the Navy on the east coast of 
     the United States from funding through the working capital 
     fund of the Navy to funding on a direct basis (also known as 
     ``mission funding'') before October 1, 2006.
       (b) Report on Direct Funding for Puget Sound Naval 
     Shipyard.--
       (1) Report required.--Not later than March 1, 2006, the 
     Secretary shall submit to the congressional defense 
     committees a report that contains the assessment of the 
     Secretary on the effects on Puget Sound Naval Shipyard, 
     Washington, of the conversion of that shipyard from funding 
     through the working capital fund of the Navy to funding on a 
     direct basis.
       (2) Matters to be included.--The report under paragraph (1) 
     shall address the effect of the conversion of Puget Sound 
     Naval Shipyard to direct funding on each of the following:
       (A) The cost visibility of specific work performed.
       (B) The total cost of consolidated ship maintenance 
     operations on an ongoing basis.
       (C) The ability to distinguish between depot and 
     intermediate work of consolidated ship maintenance 
     activities.
       (D) The costs associated with buyout expenses for the 
     transfer of the shipyards of the Navy on the east coast of 
     the United States from funding through the working capital 
     fund of the Navy to funding on a direct basis.
       (E) The flexibility of the shipyard to continue routine 
     ship maintenance operations during a potential funding gap at 
     the beginning of a fiscal year or when expected maintenance 
     costs exceed annual appropriations.
       (F) Operational and financial flexibility and 
     responsiveness of funding on a direct basis compared to 
     funding through the working capital fund of the Navy.
       (G) Long-term funding for the capital improvement programs 
     of the shipyard.
       (H) Compliance with section 2460 of title 10, United States 
     Code, which defines the work that is considered to be depot-
     level maintenance and repair versus work that is considered 
     to be a major modification of a weapons system.
       (I) Compliance with section 2466 of title 10, United Status 
     Code, which limits the amount of depot-level maintenance and 
     repair workload of the Department of Navy that is performed 
     by non-Federal Government personnel in any fiscal year to not 
     more than 50 percent of the total depot workload reported to 
     the Department in that fiscal year.
       (J) Compliance with sections 1115 and 1116 of title 31, 
     United States Code, which require agencies to set annual 
     performance goals, measure performance toward the achievement 
     of those goals, and publicly report on progress.
       (K) Compliance with chapter 35 of title 31, United States 
     Code, which requires audited financial statements to include 
     the ability to properly charge and account for reimbursable 
     workload.
       (3) Government accountability office review.--Not later 
     than 60 days after the date on which the report required 
     under paragraph (1) is submitted, the Comptroller General 
     shall submit to the congressional defense committees a review 
     of the report, which shall include the Comptroller General's 
     assessment of whether the report adequately addresses each of 
     the matters specified under paragraph (2).
       (c) Report on Proposed Congressional Budget Exhibits for 
     Navy Mission-Funded Shipyards.--
       (1) Report required.--Not later than March 1, 2006, the 
     Secretary shall submit to the congressional defense 
     committees a report that proposes congressional budget 
     exhibits for use in connection with the funding of Navy 
     shipyards on a direct basis.
       (2) Matters to be included.--The report under paragraph (1) 
     shall comprehensively address the following:
       (A) The establishment of annual categories, metrics, and 
     measurements to objectively compare the performance of each 
     shipyard over time with respect to the following:
       (i) Schedule adherence.
       (ii) Quality of work.
       (iii) Cost management.
       (iv) Administrative efficiency.
       (v) Number of hulls for which repairs are completed during 
     the fiscal year.
       (vi) Number of hulls that are in the process of being 
     repaired at the end of the fiscal year.
       (B) Capital replenishment for each shipyard.
       (C) Workload indicators to determine whether each shipyard 
     is effectively utilized.
       (D) Annual budget management reports to enable effective 
     monitoring of each shipyard with respect to the following:
       (i) Obligation authority from Department of the Navy 
     accounts, including operation and maintenance funds for the 
     Atlantic Fleet, the Pacific Fleet, and the Naval Sea Systems 
     Command and procurement funds for the Navy shipbuilding and 
     conversion account and the other procurement accounts.
       (ii) Obligation authority provided by reimbursement from 
     non-Department of the Navy sources, including other 
     Department of Defense accounts, foreign military sales 
     accounts, other Federal Government agency accounts, and non-
     Federal Government sources.
       (iii) Costs and expenses of military personnel, civilian 
     personnel, materials, contracts, travel, supplies, overhead, 
     and other costs.
       (iv) Capital expenditures.
       (v) Military construction.
       (vi) Base operating support.
       (vii) Facilities sustainment, restoration, and 
     modernization.
       (viii) Personnel and labor management, including military 
     end strengths, civilian end strengths, military mandays, and 
     civilian mandays.
       (3) Congressional budget office review.--Not later than 60 
     days after the date on which the report required under 
     paragraph (1) is submitted, the Director of the Congressional 
     Budget Office shall submit to the congressional defense 
     committees a review of the report, which shall include the 
     Director's assessment of whether the report comprehensively 
     addresses each of the matters specified in subparagraphs (A) 
     through (D) of paragraph (2).

     SEC. 323. ARMAMENT RETOOLING AND MANUFACTURING SUPPORT 
                   INITIATIVE MATTERS.

       (a) Inclusion of Additional Facilities Within ARMS 
     Initiative.--Section 4551(2) of title 10, United States Code, 
     is amended by inserting ``, or a Government-owned, 
     contractor-operated depot for the storage, maintenance, 
     renovation, or demilitarization of ammunition,'' after 
     ``manufacturing facility''.
       (b) Additional Consideration for Use of Facilities.--
     Section 4554(b)(2) of such title is amended by adding at the 
     end the following new subparagraph:
       ``(D) The demilitarization and storage of conventional 
     ammunition.''.
       (c) Additional Policy Objectives With Respect to Ammunition 
     Facilities and Capacity.--Section 4552 of such title is 
     amended in paragraphs (1) and (8) by inserting ``, storage, 
     maintenance, renovation, and demilitarization'' after 
     ``manufacturing''.
       (d) Broadening of Purpose of ARMS Initiative With Respect 
     to Work Force Skills.--Section 4533(b)(3) of such title is 
     amended by striking ``in manufacturing processes that are''.

     SEC. 324. SENSE OF CONGRESS REGARDING DEPOT MAINTENANCE.

       (a) Findings.--Congress finds the following:
       (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 Air Force has 
     made great progress toward modernizing all three of its 
     depots, in order to maintain the status of those depots as 
     ``world class'' maintenance repair and overhaul operations.
       (3) One of the central 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 each fiscal year 
     for six years, beginning in fiscal year 2004, for 
     recapitalization and investment, including the procurement of 
     technologically advanced facilities and equipment, of the 
     Nation's three Air Force depots.
       (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 Congress.--It is the sense of Congress that--
       (1) the Air Force should be commended for the 
     implementation of its Depot Maintenance Strategy and Master 
     Plan and, in particular, meeting

[[Page H12758]]

     the capital investment strategy pursuant to the Plan; and
       (2) the Air Force should remain committed to the depot 
     maintenance process improvement initiatives and the 
     investments and recapitalization projects pursuant to the 
     Depot Maintenance Strategy and Master Plan.
              Subtitle D--Extension of Program Authorities

     SEC. 331. EXTENSION OF AUTHORITY TO PROVIDE LOGISTICS SUPPORT 
                   AND SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.

       Section 365(g)(1) of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2521; 10 U.S.C. 2302 note) is amended by striking 
     ``September 30, 2007'' and inserting ``September 30, 2010''.

     SEC. 332. EXTENSION OF PERIOD FOR REIMBURSEMENT FOR CERTAIN 
                   PROTECTIVE, SAFETY, OR HEALTH EQUIPMENT 
                   PURCHASED BY OR FOR MEMBERS OF THE ARMED FORCES 
                   DEPLOYED IN CONTINGENCY OPERATIONS.

       (a) Extension.--Section 351(a)(3) of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375; 118 Stat. 1857) is amended by striking 
     ``July 31, 2004'' and inserting ``April 1, 2006''.
       (b) Funding.--Amounts for reimbursements made under section 
     351 of the Ronald W. Reagan National Defense Authorization 
     Act for Fiscal Year 2005 after the date of the enactment of 
     this Act shall be derived from supplemental appropriations 
     for the Department of Defense for fiscal year 2006 for 
     military operations in Iraq and Afghanistan and the Global 
     War on Terrorism, contingent upon such appropriations being 
     enacted.
                        Subtitle E--Outsourcing

     SEC. 341. PUBLIC-PRIVATE COMPETITION.

       (a) Public-Private Competition Required Prior to Conversion 
     of Certain Department of Defense Functions.--Subsection (a) 
     of section 2461 of title 10, United States Code, is amended 
     to read as follows:
       ``(a) Public-Private Competition.--(1) A function of the 
     Department of Defense performed by 10 or more Department of 
     Defense 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 
     that--
       ``(A) formally compares the cost of performance of the 
     function by Department of Defense civilian employees with the 
     cost of performance by a contractor;
       ``(B) 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;
       ``(C) includes the issuance of a solicitation;
       ``(D) determines whether the submitted offers meet the 
     needs of the Department of Defense with respect to factors 
     other than cost, including quality and reliability;
       ``(E) examines the cost of performance of the function by 
     Department of Defense civilian employees and the cost of 
     performance of the function by one or more contractors to 
     demonstrate whether converting to performance by a contractor 
     will result in savings to the Government over the life of the 
     contract, including--
       ``(i) the estimated cost to the Government (based on offers 
     received) for performance of the function by a contractor;
       ``(ii) the estimated cost to the Government for performance 
     of the function by Department of Defense civilian employees; 
     and
       ``(iii) an estimate of all other costs and expenditures 
     that the Government would incur because of the award of such 
     a contract;
       ``(F) requires continued performance of the function by 
     Department of Defense civilian employees unless the 
     difference in the cost of performance of the function by a 
     contractor compared to the cost of performance of the 
     function by Department of Defense civilian employees would, 
     over all performance periods required by the solicitation, be 
     equal to or exceed the lesser of--
       ``(i) 10 percent of the personnel-related costs for 
     performance of that function in the agency tender; or
       ``(ii) $10,000,000; and
       ``(G) examines the effect of performance of the function by 
     a contractor on the military mission associated with the 
     performance of the function.
       ``(2) A function that is performed by the Department of 
     Defense and is reengineered, reorganized, modernized, 
     upgraded, expanded, or changed to become more efficient, but 
     still essentially provides the same service, shall not be 
     considered a new requirement.
       ``(3) In no case may a function being performed by 
     Department of Defense personnel be--
       ``(A) modified, reorganized, divided, or in any way changed 
     for the purpose of exempting the conversion of the function 
     from the requirements of this section; or
       ``(B) converted to performance by a contractor to 
     circumvent a civilian personnel ceiling.''.
       (b) Congressional Notification.--Subsection (b) of such 
     section is amended--
       (1) in paragraph (1)--
       (A) by striking ``to analyze'' and all that follows through 
     ``private sector'' and inserting ``a public-private 
     competition under subsection (a)'';
       (B) in subparagraph (A), by striking ``to be analyzed for 
     possible change'' and inserting ``for which such public-
     private competition is to be conducted'';
       (C) in subparagraph (C), by inserting ``Department of 
     Defense'' before ``civilian employee'';
       (D) in subparagraph (D), by striking ``the analysis'' both 
     places it appears and inserting ``the public-private 
     competition''; and
       (E) in subparagraph (E)--
       (i) by striking ``commercial or industrial type'' before 
     ``function''; and
       (ii) by striking ``persons who are not civilian employees 
     of the Department of Defense'' and inserting ``a 
     contractor'';
       (2) by striking paragraphs (2) and (3) and inserting the 
     following new paragraph (2):
       ``(2) The report required under paragraph (1) shall include 
     an examination the potential economic effect of performance 
     of the function by a contractor on--
       ``(A) Department of Defense civilian employees who would be 
     affected by such a conversion in performance; and
       ``(B) the local community and the Government, if more than 
     50 Department of Defense civilian employees perform the 
     function.'';
       (3) by redesignating paragraph (4) as paragraph (3); and
       (4) in paragraph (3), as so redesignated--
       (A) in subparagraph (A)--
       (i) by striking ``where a commercial'' and all that follows 
     through ``performance'' and inserting ``where a public-
     private competition is conducted''; and
       (ii) by striking ``the analysis'' both places it appears 
     and inserting ``the public private competition''; and
       (B) in subparagraph (B), by striking ``the commercial'' and 
     all that follows through ``to which objected'' and inserting 
     ``the function for which the public-private competition was 
     conducted for which the objection was submitted''.
       (c) Consolidation and Restatement of Reporting 
     Provisions.--
       (1) Consolidation and restatement.--Section 2462 of such 
     title is amended to read as follows:

     ``Sec. 2462. Reports on public-private competition

       ``(a) Report on Public-Private Competition Results.--(1) 
     Upon the completion of a public-private competition under 
     section 2461 of this title, the Secretary of Defense shall 
     submit to Congress a report containing the results of the 
     public-private competition required by subsection (a) of such 
     section.
       ``(2) Each report under this subsection shall include the 
     following:
       ``(A) The date on which the public-private competition was 
     commenced.
       ``(B) The number of Department of Defense civilian 
     employees who were performing the function when the public-
     private competition was commenced and the number of such 
     employees whose employment was or will be terminated or 
     otherwise affected by converting to performance of the 
     function by a contractor or by implementation of the most 
     efficient organization of the function.
       ``(C) The Secretary's certification that the Government's 
     calculation of the cost of performance of the function by 
     Department of Defense civilian employees is based on an 
     estimate of the most cost effective manner for performance of 
     the function by Department of Defense civilian employees that 
     meets the needs of the Department with respect to factors 
     other than cost, including quality and reliability.
       ``(D) The Secretary's certification that the public-private 
     competition did not include any predetermined personnel 
     constraint or limitation in terms of man years, end strength, 
     full-time equivalent positions, or maximum number of 
     employees.
       ``(E) The Secretary's certification that the entire public-
     private competition is available for examination.
       ``(F) In the case of a function performed at a Center of 
     Industrial and Technical Excellence designated under section 
     2474(a) of this title or an Army ammunition plant, a 
     description of the effect that the manner of performance of 
     the function, and administration of the resulting contract if 
     any, will have on the overhead costs of the center or 
     ammunition plant, as the case may be.
       ``(G) A schedule for implementing the results of the 
     public-private competition.
       ``(3)(A) No decision made on the basis of a public-private 
     competition under section 2461 of this title may be 
     implemented until after the submission of a report under 
     paragraph (1).
       ``(B) Notwithstanding subparagraph (A), in the case of 
     function performed at a Center of Industrial and Technical 
     Excellence designated under section 2474(a) of this title or 
     an Army ammunition plant, the conversion of the function to 
     performance by a contractor may not begin until at least 60 
     days after the submission of a report under paragraph (1).
       ``(b) Annual Report.--Not later than June 30 of each year, 
     the Secretary of Defense shall submit to Congress a written 
     report, which shall include the following:
       ``(1) An estimate of the percentage of functions (other 
     than functions that are inherently governmental) that 
     Department of Defense civilian employees will perform and an 
     estimate of the percentage of such functions that contractors 
     will perform during the fiscal year during which the report 
     is submitted.
       ``(2) The results of public-private competitions conducted 
     under section 2461 of this title that were completed during 
     the preceding fiscal year, including each of the following:
       ``(A) The number of such competitions completed during such 
     fiscal year and the number of Department of Defense civilian 
     employees performing functions for which such a competition 
     was conducted.
       ``(B) The percentage of such competitions that resulted in 
     the continued performance of a function by Department of 
     Defense civilian employees.
       ``(C) The percentage of such competitions that resulted in 
     the conversion of a function to performance by a contractor.
       ``(D) The percentage of the Department of Defense civilian 
     employees identified pursuant to subparagraph (A) whose 
     positions will be converted to performance by contractors or 
     eliminated as a result of implementing the results of such 
     competitions.

[[Page H12759]]

       ``(3) The results of monitoring the performance of 
     Department functions under section 2461a of this title, 
     including for each function subject to monitoring, each of 
     the following:
       ``(A) The cost of the public-private competition conducted 
     under section 2461 of this title.
       ``(B) The cost of performing the function before such 
     competition compared to the costs incurred after implementing 
     the conversion, reorganization, or reengineering actions 
     recommended pursuant to the competition.
       ``(C) The actual savings derived from the implementation of 
     the recommendations made pursuant to such competition, if 
     any, compared to the anticipated savings that were to result 
     from the conversion, reorganization, or reengineering 
     actions.''.
       (2) Waiver for small functions and conforming amendments.--
     Section 2461 of such title, as amended by subsections (a) and 
     (b), is further amended--
       (A) by striking subsections (c), (d), (f) and (g); and
       (B) by redesignating subsections (e) and (h) as subsections 
     (c) and (d) respectively.
       (3) Correction of terminology.--The heading for subsection 
     (c) of such section, as redesignated by paragraph (2), is 
     amended by striking ``Waiver'' and inserting ``Exemption''.
       (d) Performance Monitoring.--Section 2461a of such title is 
     amended--
       (1) by striking subsections (a), (c), and (d);
       (2) by redesignating subsections (b) and (e) as subsections 
     (a) and (b) respectively;
       (3) in subsection (a), as so redesignated--
       (A) in paragraph (1)--
       (i) by striking ``establish a system for monitoring'' and 
     inserting ``monitor''; and
       (ii) by striking ``a workforce review'' and inserting ``a 
     public-private competition conducted under section 2461 of 
     this title'';
       (B) in paragraph (2), by striking all and inserting the 
     following:
       ``(2) In carrying out paragraph (1), the Secretary shall--
       ``(A) compare the cost of performing the function before 
     the public-private competition to the cost of performing the 
     function after the implementation of the results of the 
     public-private competition; and
       ``(B) identify any actual savings of the Department of 
     Defense after the implementation of the results of the 
     public-private competition and compare such savings to the 
     estimated savings identified pursuant to section 
     2461(a)(1)(E) of this title for that public-private 
     competition;''; and
       (C) in paragraph (3), by inserting ``pursuant to such a 
     public-private competition'' after ``reengineering of the 
     function''; and
       (4) in subsection (b), as so redesignated, by striking 
     ``workforce reviews'' and inserting ``public-private 
     competitions conducted under section 2461 of this title''.
       (e) Inapplicability to Best-Value Source Selection Pilot 
     Program.--Subsection (a)(1)(E) of section 2461 of title 10, 
     United States Code, as amended 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).
       (f) Repeal of Redundant Provision.--Section 2463 of such 
     title is repealed.
       (g) Clerical and Conforming Amendments.--
       (1) Section 2461.--Section 2461(c) of such title, as 
     redesignated by subsection (c), is amended by striking 
     ``Subsections (a) through (c) and subsection (g)'' and 
     inserting ``This section''.
       (2) Headings.--
       (A) 2461.--The heading for section 2461 of such title is 
     amended to read as follows:

     ``Sec. 2461. Public-private competition required before 
       conversion to contractor performance''.

       (B) 2461(b).--The heading for subsection (b) of such 
     section is amended to read as follows:
       ``(b) Congressional Notification.--''.
       (C) 2461a.--The heading for section 2461a of such title is 
     amended to read as follows:

     ``Sec. 2461a. Development and implementation of system for 
       monitoring cost saving resulting from public-private 
       competitions''.

       (3) Public law 108-375.--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.
       (4) Table of sections.--The table of sections at the 
     beginning of chapter 146 of title 10, United States Code, is 
     amended by striking the items relating to sections 2461 
     through 2463 and inserting the following new items:

``2461. Public-private competition required before conversion to 
              contractor performance.
``2461a. Development and implementation of system for monitoring cost 
              saving resulting from public-private competitions.
``2462. Reports on public-private competition.''.

     SEC. 342. CONTRACTING FOR PROCUREMENT OF CERTAIN SUPPLIES AND 
                   SERVICES.

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

     SEC. 343. 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 for work that is 
     currently performed or would otherwise be performed under 
     Department of Defense contracts.
       (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) 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.
       (c) Definitions.--In this section:
       (1) The term ``National Security Personnel System'' means 
     the human resources management system established under the 
     authority of section 9902 of title 5, United States Code.
       (2) The term ``inherently governmental function'' has the 
     meaning given that term in section 5 of the Federal 
     Activities Inventory Reform Act of 1998 (Public Law 105-270; 
     112 Stat. 2384; 31 U.S.C. 501 note).

     SEC. 344. EXTENSION OF TEMPORARY AUTHORITY FOR CONTRACTOR 
                   PERFORMANCE OF SECURITY-GUARD FUNCTIONS.

       Section 332(c) of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2513) is amended--
       (1) by striking ``2006'' each place it appears and 
     inserting ``2007''; and
       (2) in paragraph (1), by striking ``, except that'' and all 
     that follows through the end and inserting a period.
             Subtitle F--Analysis, Strategies, and Reports

     SEC. 351. REPORT ON DEPARTMENT OF ARMY PROGRAMS FOR 
                   PREPOSITIONING OF EQUIPMENT AND OTHER MATERIEL.

       (a) Secretary of Army Assessment.--The Secretary of the 
     Army shall conduct an assessment of the programs of the 
     Department of Army for the prepositioning of equipment and 
     other materiel stocks. The assessment shall focus on how such 
     programs are configured to support the evolving goals of the 
     Department of Army and shall include an identification of 
     each of the following:
       (1) The key operational capabilities currently available in 
     both the afloat and ashore prepositioned stocks of the Army, 
     organized by geographic region, including inventory levels in 
     brigade sets, operational projects, and sustainment programs.
       (2) Any significant shortfalls that exist in such stocks, 
     particularly in combat and support equipment, spare parts, 
     and munitions, and how the Army would mitigate those 
     shortfalls in the event of a new conflict.
       (3) The maintenance condition of prepositioned equipment 
     and supplies, especially the key ``pacing'' items in brigade 
     sets, including the percentage currently maintained at the 
     Technical Manual -10/20 standard required by the Army.
       (4) The percentage of required cyclic maintenance performed 
     on all stocks for each of fiscal years 2003, 2004, and 2005, 
     and the quality control procedures used to ensure that such 
     maintenance was completed according to Army standards.
       (5) Whether the oversight mechanisms and internal 
     management reports of the Army with respect to such stocks 
     are adequate and ensure an accurate portrayal of the 
     readiness of such stocks.
       (6) The funding allocated and expended for prepositioning 
     programs for each fiscal year beginning with fiscal year 
     2000, organized by region, and an assessment of whether the 
     funding levels for such programs have been adequate to 
     maintain program readiness.
       (7) The facilities used to store and maintain brigade sets, 
     organized by region, and whether those facilities provide 
     adequate (or excess) capacity for the current and future 
     mission.
       (8) The current funding for the war reserve, the 
     sufficiency of the war reserve inventory, and the effect of 
     the war reserve on the ability of the Army to conduct 
     operations.
       (b) Report.--Not later than March 1, 2006, the Secretary 
     shall submit to Congress a report on the assessment under 
     subsection (a). The report shall include each of the matters 
     specified in paragraphs (1) through (8) of that subsection.
       (c) Comptroller General Review.--Not later than 120 days 
     after the date of the receipt of the report under subsection 
     (b), the Comptroller General shall submit to Congress a 
     review of the assessment conducted by the Secretary of the 
     Army under subsection (a). The review under this subsection 
     shall include the following:
       (1) The Comptroller General's assessment of whether the 
     assessment by the Secretary of the Army under subsection (a) 
     comprehensively addresses each of the matters specified in 
     paragraphs (1) through (8) of that subsection.
       (2) The extent to which any shortfall or other issue 
     reported by the Secretary of the Army or identified by the 
     Comptroller General has been addressed and an assessment of 
     any plan to address any remaining such shortfalls in the 
     future.

[[Page H12760]]

     SEC. 352. REPORTS ON BUDGET MODELS USED FOR BASE OPERATIONS 
                   SUPPORT, SUSTAINMENT, AND FACILITIES 
                   RECAPITALIZATION.

       (a) Reports Required.--Not later than March 30 of each of 
     the calendar years 2006 through 2010, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report describing the models used to prepare the budget 
     requests for base operations support, sustainment, and 
     facilities recapitalization submitted to Congress by the 
     President under section 1105(a) of title 31, United States 
     Code, for the next fiscal year.
       (b) Content of Reports.--The report for a fiscal year under 
     subsection (a) shall include the following:
       (1) An explanation of the methodology used to develop each 
     model and, if there have been any changes to the methodology 
     since the previous report, an explanation of the changes and 
     the reasons therefor.
       (2) A description of the items contained in each model.
       (3) An explanation of whether the models are being applied 
     to each military department and Defense Agency under common 
     definitions of base operations support, sustainment, and 
     facilities recapitalization and, if common definitions are 
     not being used, an explanation of the differences and the 
     reasons therefor.
       (4) A description of the requested funding levels for base 
     operations support, sustainment, and facilities 
     recapitalization for the fiscal year covered by the report 
     and the funding goals established for base operations 
     support, sustainment, and facilities recapitalization for at 
     least the four succeeding fiscal years.
       (5) If the requested funding levels for base operations 
     support, sustainment, and facilities recapitalization for the 
     fiscal year covered by the report deviate from the goals for 
     that fiscal year contained in the preceding report, or the 
     funding goals established for succeeding fiscal years deviate 
     from the goals for those fiscal years contained in the 
     preceding report, a justification for the funding levels and 
     goals and an explanation of the reasons for the changes from 
     the preceding report.

     SEC. 353. ARMY TRAINING STRATEGY FOR BRIGADE-BASED COMBAT 
                   TEAMS AND FUNCTIONAL SUPPORTING BRIGADES.

       (a) Training Strategy.--
       (1) Strategy required.--The Secretary of the Army shall 
     develop and implement a strategy for the training of brigade-
     based combat teams and functional supporting brigades in 
     order to ensure the readiness of such teams and brigades.
       (2) Elements.--The training strategy under paragraph (1) 
     shall include the following:
       (A) A statement of the purpose of training for brigade-
     based combat teams and functional supporting brigades.
       (B) Performance goals for both active-component and 
     reserve-component brigade-based combat teams and functional 
     supporting brigades, including goals for live, virtual, and 
     constructive training.
       (C) Metrics to quantify training performance against the 
     performance goals specified under subparagraph (B).
       (D) A process to report the status of collective training 
     to Army leadership for monitoring the training performance of 
     brigade-based combat teams and functional supporting 
     brigades.
       (E) A model to quantify, and to forecast, operation and 
     maintenance funding required for each fiscal year to attain 
     the performance goals specified under subparagraph (B).
       (3) Timing of implementation.--The Secretary of the Army 
     shall develop and implement the training strategy under 
     paragraph (1) as soon as practicable.
       (b) Report.--
       (1) Report required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of the Army 
     shall submit to the congressional defense committees a report 
     on the training strategy developed under subsection (a).
       (2) Elements.--The report under paragraph (1) shall include 
     the following:
       (A) A discussion of the training strategy developed under 
     subsection (a), including a description of the performance 
     goals and metrics developed under that subsection.
       (B) A discussion and description of the training ranges and 
     other essential elements required to support the training 
     strategy.
       (C) A list of the funding requirements, shown by fiscal 
     year and set forth in a format consistent with the future-
     years defense program to accompany the budget of the 
     President under section 221 of title 10, United States Code, 
     necessary to meet the requirements of the training ranges and 
     other essential elements described under subparagraph (B).
       (D) A schedule for the implementation of the training 
     strategy.
       (c) Comptroller General Review of Implementation.--
       (1) In general.--The Comptroller General shall monitor the 
     implementation of the training strategy developed under 
     subsection (a).
       (2) Report.--Not later than 180 days after the date on 
     which the Secretary of the Army submits the report under 
     subsection (b), the Comptroller General shall submit to the 
     congressional defense committees a report containing the 
     assessment of the Comptroller General of the current progress 
     of the Army in implementing the training strategy.

     SEC. 354. REPORT REGARDING EFFECT ON MILITARY READINESS OF 
                   UNDOCUMENTED IMMIGRANTS TRESPASSING UPON 
                   OPERATIONAL RANGES.

       (a) Report Containing Assessment and Response Plan.--Not 
     later than April 15, 2006, the Secretary of Defense shall 
     submit to Congress a report containing--
       (1) an assessment of the impact on military readiness 
     caused by undocumented immigrants whose entry into the United 
     States involves trespassing upon operational ranges of the 
     Department of Defense; and
       (2) a plan for the implementation of measures to prevent 
     such trespass.
       (b) Preparation and Elements of Assessment.--The assessment 
     required by subsection (a)(1) shall be prepared by the 
     Secretary of Defense. The assessment shall include the 
     following:
       (1) A listing of the operational ranges adversely affected 
     by the trespass of undocumented immigrants upon operational 
     ranges.
       (2) A description of the types of range activities affected 
     by such trespass.
       (3) A determination of the amount of time lost for range 
     activities, and the increased costs incurred, as a result of 
     such trespass.
       (4) An evaluation of the nature and extent of such trespass 
     and means of travel.
       (5) An evaluation of the factors that contribute to the use 
     by undocumented immigrants of operational ranges as a means 
     to enter the United States.
       (6) A description of measures currently in place to prevent 
     such trespass, including the use of barriers to vehicles and 
     persons, military patrols, border patrols, and sensors.
       (c) Preparation and Elements of Plan.--The plan required by 
     subsection (a)(2) shall be prepared jointly by the Secretary 
     of Defense and the Secretary of Homeland Security. The plan 
     shall include the following:
       (1) The types of measures to be implemented to improve 
     prevention of trespass of undocumented immigrants upon 
     operational ranges, including the specific physical methods, 
     such as barriers and increased patrols or monitoring, to be 
     implemented and any legal or other policy changes recommended 
     by the Secretaries.
       (2) The costs of, and timeline for, implementation of the 
     plan.
       (d) Implementation Reports.--Not later than September 15, 
     2006, March 15, 2007, September 15, 2007, and March 15, 2008, 
     the Secretary of Defense shall submit to Congress a report 
     detailing the progress made by the Department of Defense, 
     during the period covered by the report, in implementing 
     measures recommended in the plan required by subsection 
     (a)(2) to prevent undocumented immigrants from trespassing 
     upon operational ranges. Each report shall include the number 
     and types of mitigation measures implemented and the success 
     of such measures in preventing such trespass.
       (e) Definitions.--In this section, the terms ``operational 
     range'' and ``range activities'' have the meaning given those 
     terms in section 101(e) of title 10, United States Code.

     SEC. 355. REPORT REGARDING MANAGEMENT OF ARMY LODGING.

       (a) Report on Merits and Impacts of Privatization.--The 
     Secretary of the Army shall submit to Congress a report 
     containing the results of a study evaluating the merits of 
     privatization of Army lodging. The study should consider at a 
     minimum the following:
       (1) The potential overall costs and benefits of 
     privatization of Army lodging.
       (2) Whether current lodging agreements with the Army and 
     Air Force Exchange Service to provide hospitality 
     telecommunication services would be impacted by privatization 
     and whether the proposed change will have an impact on funds 
     contributed to morale, welfare, and recreation accounts.
       (3) Whether privatization of Army lodging will result in 
     significant cost increases to members of the Armed Forces or 
     other eligible patrons or the loss of such lodging if it is 
     determined that management of such lodging is not a 
     profitable marketing venture.
       (4) Whether privatization of Army lodging will provide 
     ancillary support facilities and services that might impact 
     the Army and Air Force Exchange Service and to what extent 
     such facilities and services may impact the funds contributed 
     to morale, welfare, and recreation accounts.
       (5) The number of Army lodging personnel who would be 
     impacted by privatization and the total personnel-related 
     costs that could occur as a result of privatization.
       (b) Army and Air Force Exchange Service Participation in 
     Privatization.--The Army and Air Force Exchange Service shall 
     submit to Congress a report commenting on the feasibility of 
     its participation in privatization of Army lodging. The 
     report should include at a minimum the following:
       (1) The potential overall costs and benefits of an Army and 
     Air Force Exchange Service partnership in Army lodging.
       (2) Whether the Army and Air Force Exchange Service can 
     adequately participate as a partner in the management of Army 
     lodging, including whether such participation could enhance 
     the quality of lodging and improve access to such lodging 
     when provided through a nonprofit organization versus a 
     partnership with a for-profit corporation.
       (3) Whether there are certain benefits, including cost 
     benefits, to having the Army and Air Force Exchange Service 
     become the partner with the Army that would not exist were 
     the Army to partner with a private sector entity.
       (4) The number of Army lodging personnel who would be 
     impacted by an Army and Air Force Exchange Service 
     partnership and the total personnel related costs that could 
     occur as a result of such partnership.
       (c) Limitation Pending Submission of Report.--Until the 
     Secretary of the Army submits the report required by 
     subsection (a) to Congress, the Secretary may not solicit or 
     consider any request for qualifications that would privatize 
     Army lodging beyond the level of privatization identified for 
     inclusion in Group A of the Privatization of Army Lodging 
     Initiative.

[[Page H12761]]

     SEC. 356. COMPTROLLER GENERAL REPORT ON CORROSION PREVENTION 
                   AND MITIGATION PROGRAMS OF THE DEPARTMENT OF 
                   DEFENSE.

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

     SEC. 357. STUDY ON USE OF BIODIESEL AND ETHANOL FUEL.

       (a) In General.--The Secretary of Defense shall conduct a 
     study on the use of biodiesel and ethanol fuel by the Armed 
     Forces and the Defense Agencies and any measures that can be 
     taken to increase such use.
       (b) Elements.--The study shall include--
       (1) an evaluation of the historical utilization of 
     biodiesel and ethanol fuel by the Armed Forces and the 
     Defense Agencies, including the quantity of biodiesel and 
     ethanol fuel acquired by the Department of Defense for the 
     Armed Forces and the Defense Agencies during the 5-year 
     period ending on the date of the report under subsection (c);
       (2) a review and assessment of potential requirements for 
     increased use of biodiesel and ethanol fuel within the 
     Department of Defense and any research and development 
     efforts required to meet those increased requirements;
       (3) based on the review under paragraph (2), a forecast of 
     the requirements of the Armed Forces and the Defense Agencies 
     for biodiesel and ethanol fuels for each of fiscal years 2007 
     through 2012;
       (4) an assessment of the current and future commercial 
     availability of biodiesel and ethanol fuel, including 
     facilities for the production, storage, transportation, 
     distribution, and commercial sale of such fuel;
       (5) an assessment of the utilization by the Department of 
     Defense of the commercial infrastructure for ethanol fuel as 
     described in paragraph (4);
       (6) a review of the actions of the Department of Defense to 
     coordinate with State, local, and private entities to support 
     the expansion and use of alternative fuel refueling stations 
     that are accessible to the public; and
       (7) an assessment of the fueling infrastructure on military 
     installations in the United States, including storage and 
     distribution facilities, that could be adapted or converted 
     for the delivery of biodiesel and ethanol fuel, including--
       (A) an assessment of cost of the adaptation or conversion 
     of such infrastructure to the delivery of biodiesel and 
     ethanol fuel; and
       (B) an assessment of the feasibility and advisability of 
     that adaptation or conversion.
       (c) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives a report on 
     the study conducted under this section.
       (d) Definitions.--In this section:
       (1) The term ``ethanol fuel'' means fuel that is 85 percent 
     ethyl alcohol.
       (2) The term ``biodiesel'' means a diesel fuel substitute 
     produced from nonpetroleum renewable resources that meets the 
     registration requirements for fuels and fuel additives 
     established by the Environmental Protection Agency under 
     section 211 of the Clean Air Act (42 U.S.C. 7545).

     SEC. 358. REPORT ON EFFECTS OF WINDMILL FARMS ON MILITARY 
                   READINESS.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives a report on 
     the effects of windmill farms on military readiness, 
     including an assessment of the effects on the operations of 
     military radar installations of the proximity of windmill 
     farms to such installations and of technologies that could 
     mitigate any adverse effects on military operations 
     identified.

     SEC. 359. REPORT ON SPACE-AVAILABLE TRAVEL FOR CERTAIN 
                   DISABLED VETERANS AND GRAY-AREA RETIREES.

       (a) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a report on the feasibility of 
     providing transportation on Department of Defense aircraft on 
     a space-available basis for--
       (1) veterans with a service-connected disability rating of 
     50 percent or higher;
       (2) members and former members of a reserve component under 
     60 years of age who, but for age, would be eligible for 
     retired pay under chapter 1223 of title 10, United States 
     Code; and
       (3) dependents of persons described in paragraph (1) or 
     (2).
       (b) Consultation.--The Secretary of Defense shall prepare 
     the report in consultation with the Secretary of Veterans 
     Affairs.

     SEC. 360. REPORT ON JOINT FIELD TRAINING AND EXPERIMENTATION 
                   ON STABILITY, SECURITY, TRANSITION, AND 
                   RECONSTRUCTION OPERATIONS.

       Not later than February 1, 2007, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on joint field training and experimentation conducted to 
     address matters relating to stability, security, transition, 
     and reconstruction operations during fiscal years 2005 and 
     2006. The report shall include--
       (1) a description of each such joint field training and 
     experimentation event, including a description of the 
     participation of other Federal departments and agencies and 
     of the participation of allied and coalition partners;
       (2) the findings of the Secretary as a result of such joint 
     field training and experimentation; and
       (3) such recommendations as the Secretary considers 
     appropriate in light of such joint field training and 
     experimentation, including recommendations with respect to 
     legislative or administrative action and recommendations for 
     any funding required to implement such action.

     SEC. 361. REPORTS ON BUDGETING RELATING TO SUSTAINMENT OF KEY 
                   MILITARY EQUIPMENT.

       (a) Reports Required.--In each of 2006, 2007, and 2008, at 
     or about the time that the budget of the President is 
     submitted to Congress that year under section 1105(a) of 
     title 31, United States Code, the Secretary of Defense shall 
     submit to Congress a report on the budgeting of the 
     Department of Defense for the sustainment of key military 
     equipment.
       (b) Report Elements.--The report required by subsection (a) 
     for a year shall set forth the following:
       (1) A description of the current strategies of the 
     Department of Defense for sustaining key military equipment, 
     and for any modernization that will be required of such 
     equipment.
       (2) A description of the amounts required for the 
     Department for the fiscal year beginning in such year in 
     order to fully fund the strategies described in paragraph 
     (1).
       (3) A description of the amounts requested for the 
     Department for such fiscal year in order to fully fund such 
     strategies.
       (4) A description of the risks, if any, of failing to fund 
     such strategies in the amounts required to fully fund such 
     strategies (as specified in paragraph (2)).
       (5) A description of the actions being taken by the 
     Department of Defense to mitigate the risks described in 
     paragraph (4).
       (c) Key Military Equipment Defined.--In this section, the 
     term ``key military equipment''--
       (1) means--
       (A) major weapons systems that are essential to 
     accomplishing the national defense strategy; and
       (B) other military equipment, such as major command, 
     control, communications, computer, intelligence, 
     surveillance, and reconnaissance (C4ISR) equipment, and 
     systems designed to prevent fratricide, that is critical to 
     the readiness of military units; and
       (2) includes equipment reviewed in the report of the 
     Comptroller General of the United States numbered GAO-06-141.

     SEC. 362. REPEAL OF AIR FORCE REPORT ON MILITARY INSTALLATION 
                   ENCROACHMENT ISSUES.

       Section 315 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 1843) is repealed.
                       Subtitle G--Other Matters

     SEC. 371. SUPERVISION AND MANAGEMENT OF DEFENSE BUSINESS 
                   TRANSFORMATION AGENCY.

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

     SEC. 372. CODIFICATION AND REVISION OF LIMITATION ON 
                   MODIFICATION OF MAJOR ITEMS OF EQUIPMENT 
                   SCHEDULED FOR RETIREMENT OR DISPOSAL.

       (a) In General.--Chapter 134 of title 10, United States 
     Code, is amended by inserting after section 2244 the 
     following new section:

     ``Sec. 2244a. Equipment scheduled for retirement or disposal: 
       limitation on expenditures for modifications

       ``(a) Prohibition.--Except as otherwise provided in this 
     section, the Secretary of a military

[[Page H12762]]

     department may not carry out a modification of an aircraft, 
     weapon, vessel, or other item of equipment that the Secretary 
     plans to retire or otherwise dispose of within five years 
     after the date on which the modification, if carried out, 
     would be completed.
       ``(b) Exceptions.--
       ``(1) Exception for below-threshold modifications.--The 
     prohibition in subsection (a) does not apply to a 
     modification for which the cost is less than $100,000.
       ``(2) Exception for transfer of reusable items of value.--
     The prohibition in subsection (a) does not apply to a 
     modification in a case in which--
       ``(A) the reusable items of value, as determined by the 
     Secretary, installed on the item of equipment as part of such 
     modification will, upon the retirement or disposal of the 
     item to be modified, be removed from such item of equipment, 
     refurbished, and installed on another item of equipment; and
       ``(B) the cost of such modification (including the cost of 
     the removal and refurbishment of reusable items of value 
     under subparagraph (A)) is less than $1,000,000.
       ``(3) Exception for safety modifications.--The prohibition 
     in subsection (a) does not apply to a safety modification.
       ``(c) Waiver Authority.--The Secretary concerned may waive 
     the prohibition in subsection (a) in the case of any 
     modification otherwise subject to that subsection if the 
     Secretary determines that carrying out the modification is in 
     the national security interest of the United States. Whenever 
     the Secretary issues such a waiver, the Secretary shall 
     notify the congressional defense committees in writing.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2244 the following new item:

``2244a. Equipment scheduled for retirement or disposal: limitation on 
              expenditures for modifications.''.

       (c) Conforming Repeal.--Section 8053 of the Department of 
     Defense Appropriations Act, 1998 (Public Law 105-56; 10 
     U.S.C. 2241 note) is repealed.

     SEC. 373. LIMITATION ON PURCHASE OF INVESTMENT ITEMS WITH 
                   OPERATION AND MAINTENANCE FUNDS.

       (a) Limitation on Use of Operation and Maintenance Funds.--
     Chapter 134 of title 10, United States Code, is amended by 
     inserting after section 2245 the following new section:

     ``Sec. 2245a. Use of operation and maintenance funds for 
       purchase of investment items: limitation

       ``Funds appropriated to the Department of Defense for 
     operation and maintenance may not be used to purchase any 
     item (including any item to be acquired as a replacement for 
     an item) that has an investment item unit cost that is 
     greater than $250,000.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2245 the following new item:

``2245a. Use of operation and maintenance funds for purchase of 
              investment items: limitation.''.

     SEC. 374. OPERATION AND USE OF GENERAL GIFT FUNDS OF THE 
                   DEPARTMENT OF DEFENSE AND COAST GUARD.

       Section 2601 of title 10, United States Code, is amended to 
     read as follows:

     ``Sec. 2601. General gift funds

       ``(a) General Authority to Accept Gifts.--Subject to 
     subsection (d)(2), the Secretary concerned may accept, hold, 
     administer, and spend any gift, devise, or bequest of real 
     property, personal property, or money made on the condition 
     that the gift, devise, or bequest be used for the benefit, or 
     in connection with, the establishment, operation, or 
     maintenance, of a school, hospital, library, museum, 
     cemetery, or other institution or organization under the 
     jurisdiction of the Secretary.
       ``(b) Additional Authority to Accept Gifts to Benefit 
     Certain Members, Dependents, and Civilian Employees.--(1) 
     Subject to subsection (d)(2), the Secretary concerned may 
     accept, hold, administer, and spend any gift, devise, or 
     bequest of real property, personal property, money, or 
     services made on the condition that the gift, devise, or 
     bequest be used for the benefit of--
       ``(A) members of the armed forces, including members 
     performing full-time National Guard duty under section 502(f) 
     of title 32, who incur a wound, injury, or illness while in 
     the line of duty;
       ``(B) civilian employees of the Department of Defense who 
     incur a wound, injury, or illness while in the line of duty;
       ``(C) dependents of such members or employees; and
       ``(D) survivors of such members or employees who are 
     killed.
       ``(2) The Secretary concerned may not accept a gift of 
     services from a foreign government or international 
     organization under this subsection. A gift of real property, 
     personal property, or money from a foreign government or 
     international organization may be accepted under this 
     subsection only if the gift is not designated for a specific 
     individual.
       ``(3) The Secretary of Defense shall prescribe regulations 
     specifying the conditions that may be attached to a gift, 
     devise, or bequest accepted under this subsection.
       ``(4) The authority to accept gifts, devises, or bequests 
     under this subsection expires on December 31, 2007.
       ``(c) Gift Funds.--Gifts and bequests of money, and the 
     proceeds of the sale of property, received under subsection 
     (a) or (b) shall be deposited in the Treasury in the 
     following accounts:
       ``(1) The Department of the Army General Gift Fund, in the 
     case of deposits made by the Secretary of the Army.
       ``(2) The Department of the Navy General Gift Fund, in the 
     case of deposits made by the Secretary of the Navy.
       ``(3) The Department of the Air Force General Gift Fund, in 
     the case of deposits made by the Secretary of the Air Force.
       ``(4) The Coast Guard General Gift Fund, in the case of 
     deposits made by the Secretary of Homeland Security.
       ``(5) The Department of Defense General Gift Fund, in the 
     case of deposits made by the Secretary of Defense.
       ``(d) Use of Gifts; Prohibitions.--(1) Except as provided 
     in paragraph (2), property and money accepted under 
     subsection (a) or (b) may be used by the Secretary concerned, 
     and services accepted under subsection (b) may be performed, 
     without further specific authorization in law.
       ``(2) Property and money may not be accepted under 
     subsection (a) and property, money, and services may not be 
     accepted under subsection (b)--
       ``(A) if the use of the property or money or the 
     performance of the services in connection with any program, 
     project, or activity would result in the violation of any 
     prohibition or limitation otherwise applicable to such 
     program, project, or activity;
       ``(B) if the conditions attached to the property, money, or 
     services are inconsistent with applicable law or regulations;
       ``(C) if the Secretary concerned determines that the use of 
     the property or money or the performance of the services 
     would reflect unfavorably on the ability of the Department of 
     Defense or the Coast Guard, any employee of the Department or 
     Coast Guard, or any member of the armed forces to carry out 
     any responsibility or duty in a fair and objective manner; or
       ``(D) if the Secretary concerned determines that the use of 
     the property or money or the performance of the services 
     would compromise the integrity or appearance of integrity of 
     any program of the Department of Defense or Coast Guard, or 
     any individual involved in such a program.
       ``(3) The Secretary concerned may disburse funds deposited 
     in a gift fund referred to in subsection (c) for the purposes 
     specified in subsections (a) and (b), subject to the terms of 
     the gift, devise, or bequest.
       ``(e) Payment of Expenses.--The Secretary concerned may pay 
     all necessary expenses in connection with the conveyance or 
     transfer of a gift, devise, or bequest accepted under this 
     section.
       ``(f) Treatment of Gifts.--For the purposes of Federal 
     income, estate, and gift taxes, any property or money 
     accepted under subsection (a) and any property, money, or 
     services accepted under subsection (b) shall be considered as 
     a gift, devise, or bequest to or for the use of the United 
     States.
       ``(g) Management of Funds.--In the case of each gift fund 
     referred to in subsection (c), the Secretary of the Treasury, 
     upon the request of the Secretary concerned, may retain 
     money, securities, and the proceeds of the sale of securities 
     in the gift fund and may invest money and reinvest the 
     proceeds of the sale of securities in the gift fund in 
     securities of the United States or in securities guaranteed 
     as to principal and interest by the United States. The 
     interest and profits accruing from those securities shall be 
     deposited to the credit of the gift fund and may be disbursed 
     as provided in subsection (d).
       ``(h) Comptroller General Review.--The Comptroller General 
     shall make periodic audits of gifts, devises, and bequests 
     accepted under subsection (a) or (b) at such intervals as the 
     Comptroller General determines to be warranted. The 
     Comptroller General shall submit to Congress a report on the 
     results of each such audit.
       ``(i) Definitions.--In this section:
       ``(1) The term `Secretary concerned' includes the Secretary 
     of Defense.
       ``(2) The term `services' includes activities that benefit 
     the morale, welfare, or recreation of members of the armed 
     forces and their dependents or are related or incidental to 
     the conveyance of a gift, devise, or bequest of real property 
     or personal property under subsection (a) or (b).''.

     SEC. 375. INCLUSION OF PACKET BASED TELEPHONY IN DEPARTMENT 
                   OF DEFENSE TELECOMMUNICATIONS BENEFIT.

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

     SEC. 376. LIMITATION ON FINANCIAL MANAGEMENT IMPROVEMENT AND 
                   AUDIT INITIATIVES WITHIN DEPARTMENT OF DEFENSE.

       (a) Limitation.--During fiscal year 2006, the Secretary of 
     Defense may not obligate or expend any funds for the purpose 
     of any financial management improvement activity relating to 
     the preparation, processing, or auditing of financial

[[Page H12763]]

     statements until the Secretary submits to the congressional 
     defense committees each of the following:
       (1) A comprehensive and integrated financial management 
     improvement plan that--
       (A) describes specific actions to be taken to correct 
     financial management deficiencies that impair the ability of 
     the Department of Defense to prepare timely, reliable, and 
     complete financial management information; and
       (B) systematically ties such actions to process and control 
     improvements and business systems modernization efforts 
     described in the business enterprise architecture and 
     transition plan required by section 2222 of title 10, United 
     States Code.
       (2) A written determination that each financial management 
     improvement activity to be undertaken is--
       (A) consistent with the financial management improvement 
     plan submitted pursuant to paragraph (1); and
       (B) likely to improve internal controls or otherwise result 
     in sustained improvements in the ability of the Department to 
     produce timely, reliable, and complete financial management 
     information.
       (b) Exception.--The limitation under subsection (a) shall 
     not apply to an activity directed exclusively at assessing 
     the adequacy of internal controls and remediating any 
     inadequacy identified pursuant to such an assessment.

     SEC. 377. PROVISION OF 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 
     ``special category resident''.
       (b) Prohibition on Construction of New Facilities.--The 
     authorization under subsection (a) shall not be construed as 
     an authorization for the construction a new housing facility 
     or medical treatment facility.
       (c) Prior Use of Funds.--Any obligation or expenditure of 
     funds for the general welfare of any person described in 
     subsection (a) before the date of the enactment of this Act 
     is deemed to be not subject to the provisions of chapter 13 
     of title 31, United States Code.

     SEC. 378. COMMEMORATION OF SUCCESS OF THE ARMED FORCES IN 
                   OPERATION ENDURING FREEDOM AND OPERATION IRAQI 
                   FREEDOM.

       (a) Celebration Honoring Military Efforts in Operation 
     Enduring Freedom and Operation Iraqi Freedom.--The President 
     may--
       (1) designate a day of celebration to honor the soldiers, 
     sailors, airmen, and Marines of the Armed Forces who have 
     served in Operation Enduring Freedom or Operation Iraqi 
     Freedom and have returned to the United States; and
       (2) issue a proclamation calling on the people of the 
     United States to observe that day with appropriate ceremonies 
     and activities.
       (b) Participation of Armed Forces in Celebration.--
       (1) Participation authorized.--Members and units of the 
     Armed Forces may participate in activities associated with a 
     day of celebration designated under subsection (a) that are 
     held in Washington, District of Columbia.
       (2) Availability of funds.--Subject to paragraph (4), 
     amounts authorized to be appropriated for the Department of 
     Defense for fiscal year 2006 may be used to cover costs 
     associated with the participation of members and units of the 
     Armed Forces in the activities described in paragraph (1).
       (3) Acceptance of private contributions.--(A) 
     Notwithstanding any other provision of law, the Secretary of 
     Defense may accept cash contributions from private 
     individuals and entities for the purposes of covering the 
     costs of the participation of members and units of the Armed 
     Forces in the activities described in paragraph (1). Amounts 
     so accepted shall be deposited in an account established for 
     purposes of this paragraph.
       (B) Amounts accepted under subparagraph (A) may be used for 
     the purposes described in that subparagraph until expended.
       (4) Limitation.--The total amount of funds described in 
     paragraph (2) that are available for the purpose set forth in 
     that paragraph may not exceed the amount equal to--
       (A) $20,000,000, minus
       (B) the amount of any cash contributions accepted by the 
     Secretary under paragraph (3).
       (c) Award of Recognition Items.--
       (1) Authority to award.--Under regulations prescribed by 
     the Secretary of Defense, appropriate recognition items may 
     be awarded to any individual who served honorably as a member 
     of the Armed Forces in Operation Enduring Freedom or 
     Operation Iraqi Freedom during the Global War on Terrorism. 
     The purpose of the award of such items is to recognize the 
     contribution of such individuals to the success of the United 
     States in those operations.
       (2) Recognition items defined.--In this subsection, the 
     term ``recognition items'' means recognition items authorized 
     for presentation under section 2261 of title 10, United 
     States Code (as added by section 589 of this Act).
                Subtitle H--Utah Test and Training Range

     SEC. 381. DEFINITIONS.

       In this subtitle:
       (1) The term ``covered wilderness'' means the wilderness 
     area designated by this subtitle and wilderness study areas 
     located near lands withdrawn for military use and beneath 
     special use airspace critical to the support of military test 
     and training missions at the Utah Test and Training Range, 
     including the Deep Creek, Fish Springs, Swasey Mountain, 
     Howell Peak, Notch Peak, King Top, Wah Wah Mountain, and 
     Conger Mountain units designated by the Department of the 
     Interior.
       (2) The term ``Utah Test and Training Range'' means those 
     portions of the military operating area of the Utah Test and 
     Training Area located solely in the State of Utah. The term 
     includes the Dugway Proving Ground.
       (3) The term ``Wilderness Act'' means Public Law 88-577, 
     approved September 3, 1964 (16 U.S.C. 1131 et seq.).

     SEC. 382. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND 
                   TRAINING RANGE.

       (a) Findings.--The Congress finds the following:
       (1) The testing and development of military weapons systems 
     and the training of military forces are critical to ensuring 
     the national security of the United States.
       (2) The Utah Test and Training Range in the State of Utah 
     is a unique and irreplaceable national asset at the core of 
     the test and training mission of the Department of Defense.
       (3) The Cedar Mountain Wilderness Area designated by 
     section 384, as well as several wilderness study areas, are 
     located near lands withdrawn for military use or are beneath 
     special use airspace critical to the support of military test 
     and training missions at the Utah Test and Training Range.
       (4) The Utah Test and Training Range and special use 
     airspace withdrawn for military uses create unique management 
     circumstances for the covered wilderness in this subtitle, 
     and it is not the intent of Congress that passage of this 
     subtitle shall be construed as establishing a precedent with 
     respect to any future national conservation area or 
     wilderness designation.
       (5) Continued access to the special use airspace and lands 
     that comprise the Utah Test and Training Range, under the 
     terms and conditions described in this subtitle, is a 
     national security priority and is not incompatible with the 
     protection and proper management of the natural, 
     environmental, cultural, and other resources of such lands.
       (b) Overflights.--Nothing in this subtitle or the 
     Wilderness Act shall preclude low-level overflights and 
     operations of military aircraft, helicopters, missiles, or 
     unmanned aerial vehicles over the covered wilderness, 
     including military overflights and operations that can be 
     seen or heard within the covered wilderness.
       (c) Special Use Airspace and Training Routes.--Nothing in 
     this subtitle or the Wilderness Act shall preclude the 
     designation of new units of special use airspace, the 
     expansion of existing units of special use airspace, or the 
     use or establishment of military training routes over the 
     covered wilderness.
       (d) Communications and Tracking Systems.--Nothing in this 
     subtitle shall prevent any required maintenance of existing 
     communications, instrumentation, or electronic tracking 
     systems (or infrastructure supporting such systems) or 
     prevent the installation of new communication, 
     instrumentation, or other equipment necessary for effective 
     testing and training to meet military requirements in 
     wilderness study areas located beneath special use airspace 
     comprising the Utah Test and Training Range, including the 
     Deep Creek, Fish Springs, Swasey Mountain, Howell Peak, Notch 
     Peak, King Top, Wah Wah Mountain, and Conger Mountain units 
     designated by the Department of Interior, so long as the 
     Secretary of the Interior, after consultation with the 
     Secretary of the Air Force, determines that the installation 
     and maintenance of such systems, when considered both 
     individually and collectively, comply with section 603 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1782).
       (e) Emergency Access and Response.--Nothing in this 
     subtitle or the Wilderness Act shall preclude the 
     continuation of the memorandum of understanding in existence 
     as of the date of the enactment of this Act between the 
     Department of the Interior and the Department of the Air 
     Force with respect to emergency access and response.
       (f) Prohibition on Ground Military Operations.--Except as 
     provided in subsections (d) and (e), nothing in this section 
     shall be construed to permit a military operation to be 
     conducted on the ground in covered wilderness in the Utah 
     Test and Training Range unless such ground operation is 
     otherwise permissible under Federal law and consistent with 
     the Wilderness Act.

     SEC. 383. ANALYSIS OF MILITARY READINESS AND OPERATIONAL 
                   IMPACTS IN PLANNING PROCESS FOR FEDERAL LANDS 
                   IN UTAH TEST AND TRAINING RANGE.

       The Secretary of the Interior shall develop, maintain, and 
     revise land use plans pursuant to section 202 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S. C. 1712) for 
     Federal lands located in the Utah Test and Training Range in 
     consultation with the Secretary of Defense. As part of the 
     required consultation in connection with a proposed revision 
     of a land use plan, the Secretary of Defense shall prepare 
     and transmit to the Secretary of the Interior an analysis of 
     the military readiness and operational impacts of the 
     proposed revision within six months of a request from the 
     Secretary of the Interior.

     SEC. 384. DESIGNATION AND MANAGEMENT OF CEDAR MOUNTAIN 
                   WILDERNESS, UTAH.

       (a) Designation.--Certain Federal lands in Tooele County, 
     Utah, as generally depicted on the map entitled ``Cedar 
     Mountain Wilderness'' and dated March 7, 2004, are hereby 
     designated as wilderness and, therefore, as a component of 
     the National Wilderness Preservation System to be known as 
     the Cedar Mountain Wilderness Area.
       (b) Withdrawal.--Subject to valid existing rights, the 
     Federal lands in the Cedar Mountain

[[Page H12764]]

     Wilderness Area are hereby withdrawn from all forms of entry, 
     appropriation, or disposal under the public land laws, from 
     location, entry, and patent under the United States mining 
     laws, and from disposition under all laws pertaining to 
     mineral and geothermal leasing, and mineral materials, and 
     all amendments to such laws.
       (c) Map and Description.--
       (1) Transmittal.--As soon as practicable after the date of 
     the enactment of this Act, the Secretary of the Interior 
     shall transmit a map and legal description of the Cedar 
     Mountain Wilderness Area to the Committee on Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate.
       (2) Legal effect.--The map and legal description shall have 
     the same force and effect as if included in this Act, except 
     that the Secretary of the Interior may correct clerical and 
     typographical errors in the map and legal description.
       (3) Availability.--The map and legal description shall be 
     on file and available for public inspection in the office of 
     the Director of the Bureau of Land Management and the office 
     of the State Director of the Bureau of Land Management in the 
     State of Utah.
       (d) Administration.--Subject to valid existing rights and 
     this subtitle, the Cedar Mountain Wilderness Area shall be 
     administered by the Secretary of the Interior in accordance 
     with the provisions of the Wilderness Act, except that any 
     reference in such provisions to the effective date of the 
     Wilderness Act (or any similar reference) shall be deemed to 
     be a reference to the date of the enactment of this Act.
       (e) Land Acquisition.--Any lands or interest in lands 
     within the boundaries of the Cedar Mountain Wilderness Area 
     acquired by the United States after the date of the enactment 
     of this Act shall be added to and administered as part of the 
     Cedar Mountain Wilderness Area.
       (f) Fish and Wildlife Management.--As provided in section 
     4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing 
     in this subtitle shall be construed as affecting the 
     jurisdiction of the State of Utah with respect to fish and 
     wildlife on the Federal lands located in that State.
       (g) Grazing.--Within the Cedar Mountain Wilderness Area, 
     the grazing of livestock, where established before the date 
     of the enactment of this Act, shall be permitted to continue 
     subject to such reasonable regulations, policies, and 
     practices as the Secretary of the Interior considers 
     necessary, as long as such regulations, policies, and 
     practices fully conform with and implement the intent of 
     Congress regarding grazing in such areas, as such intent is 
     expressed in the Wilderness Act, section 101(f) of Public Law 
     101-628 (104 Stat. 4473), and appendix A of the Report of the 
     Committee on Interior and Insular Affairs to accompany H.R. 
     2570 of the 101st Congress (H. Rept. 101-405).
       (h) Buffer Zones.--Congress does not intend for the 
     designation of the Cedar Mountain Wilderness Area to lead to 
     the creation of protective perimeters or buffer zones around 
     the wilderness area. The fact that nonwilderness activities 
     or uses can be seen or heard within the wilderness area shall 
     not, of itself, preclude such activities or uses up to the 
     boundary of the wilderness area.
       (i) Release From Wilderness Study Area Status.--The lands 
     identified as the Browns Spring Cherrystem on the map 
     entitled ``Proposed Browns Spring Cherrystem'' and dated May 
     11, 2004, are released from their status as a wilderness 
     study area, and shall no longer be subject to the 
     requirements of section 603(c) of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1782(c)) pertaining to the 
     management of wilderness study areas in a manner that does 
     not impair the suitability of those areas for preservation of 
     wilderness.

     SEC. 385. RELATION TO OTHER LANDS.

       Nothing in this subtitle shall be construed to affect any 
     Federal lands located outside of the covered wilderness or 
     the management of such lands.
              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent active duty end strength minimum 
              levels.
Sec. 403. Additional authority for increases of Army and Marine Corps 
              active duty end strengths for fiscal years 2007 through 
              2009.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the 
              reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2006 limitation on number of non-dual status 
              technicians.
Sec. 415. Maximum number of reserve personnel authorized to be on 
              active duty for operational support.

              Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.
Sec. 422. Armed Forces Retirement Home.
                       Subtitle A--Active Forces

     SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

       (a) In General.--The Armed Forces are authorized strengths 
     for active duty personnel as of September 30, 2006, as 
     follows:
       (1) The Army, 512,400.
       (2) The Navy, 352,700.
       (3) The Marine Corps, 179,000.
       (4) The Air Force, 357,400.
       (b) Limitation.--
       (1) Army.--The authorized strength for the Army provided in 
     paragraph (1) of subsection (a) for active duty personnel for 
     fiscal year 2006 is subject to the condition that costs of 
     active duty personnel of the Army for that fiscal year in 
     excess of 482,400 shall be paid out of funds authorized to be 
     appropriated for that fiscal year for a contingent emergency 
     reserve fund or as an emergency supplemental appropriation.
       (2) Marine corps.--The authorized strength for the Marine 
     Corps provided in paragraph (3) of subsection (a) for active 
     duty personnel for fiscal year 2006 is subject to the 
     condition that costs of active duty personnel of the Marine 
     Corps for that fiscal year in excess of 175,000 shall be paid 
     out of funds authorized to be appropriated for that fiscal 
     year for a contingent emergency reserve fund or as an 
     emergency supplemental appropriation.

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

       Section 691(b) of title 10, United States Code, is amended 
     by striking paragraphs (1) through (4) and inserting the 
     following:
       ``(1) For the Army, 502,400.
       ``(2) For the Navy, 352,700.
       ``(3) For the Marine Corps, 179,000.
       ``(4) For the Air Force, 357,400.''.

     SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND 
                   MARINE CORPS ACTIVE DUTY END STRENGTHS FOR 
                   FISCAL YEARS 2007 THROUGH 2009.

       Effective October 1, 2006, the text of section 403 of the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1863) is 
     amended to read as follows:
       ``(a) Authority.--
       ``(1) Army.--For each of fiscal years 2007, 2008, and 2009, 
     the Secretary of Defense may, as the Secretary determines 
     necessary for the purposes specified in paragraph (3), 
     establish the active-duty end strength for the Army at a 
     number greater than the number otherwise authorized by law up 
     to the number equal to the fiscal-year 2006 baseline plus 
     20,000.
       ``(2) Marine corps.--For each of fiscal years 2007, 2008, 
     and 2009, the Secretary of Defense may, as the Secretary 
     determines necessary for the purposes specified in paragraph 
     (3), establish the active-duty end strength for the Marine 
     Corps at a number greater than the number otherwise 
     authorized by law up to the number equal to the fiscal-year 
     2006 baseline plus 5,000.
       ``(3) Purpose of increases.--The purposes for which 
     increases may be made in Army and Marine Corps active duty 
     end strengths under paragraphs (1) and (2) are--
       ``(A) to support operational missions; and
       ``(B) to achieve transformational reorganization 
     objectives, including objectives for increased numbers of 
     combat brigades and battalions, increased unit manning, force 
     stabilization and shaping, and rebalancing of the active and 
     reserve component forces.
       ``(4) Fiscal-year 2006 baseline.--In this subsection, the 
     term `fiscal-year 2006 baseline', with respect to the Army 
     and Marine Corps, means the active-duty end strength 
     authorized for those services in section 401 of the National 
     Defense Authorization Act for Fiscal Year 2006.
       ``(5) Active-duty end strength.--In this subsection, the 
     term `active-duty end strength' means the strength for 
     active-duty personnel of one the Armed Forces as of the last 
     day of a fiscal year.
       ``(b) Relationship to Presidential Waiver Authority.--
     Nothing in this section shall be construed to limit the 
     President's authority under section 123a of title 10, United 
     States Code, to waive any statutory end strength in a time of 
     war or national emergency.
       ``(c) Relationship to Other Variance Authority.--The 
     authority under subsection (a) is in addition to the 
     authority to vary authorized end strengths that is provided 
     in subsections (e) and (f) of section 115 of title 10, United 
     States Code.
       ``(d) Budget Treatment.--
       ``(1) Fiscal year 2007 budget.--The budget for the 
     Department of Defense for fiscal year 2007 as submitted to 
     Congress shall comply, with respect to funding, with 
     subsections (c) and (d) of section 691 of title 10, United 
     States Code.
       ``(2) Other increases.--If the Secretary of Defense plans 
     to increase the Army or Marine Corps active duty end strength 
     for a fiscal year under subsection (a), then the budget for 
     the Department of Defense for that fiscal year as submitted 
     to Congress shall include the amounts necessary for funding 
     that active duty end strength in excess of the fiscal year 
     2006 active duty end strength authorized for that service 
     under section 401 of the National Defense Authorization Act 
     for Fiscal Year 2006.''.
                       Subtitle B--Reserve Forces

     SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

[[Page H12765]]

     Whenever such units or such individual members are released 
     from active duty during any fiscal year, the end strength 
     prescribed for such fiscal year for the Selected Reserve of 
     such reserve component shall be increased proportionately by 
     the total authorized strengths of such units and by the total 
     number of such individual members.

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

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

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

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

     SEC. 414. FISCAL YEAR 2006 LIMITATION ON NUMBER OF NON-DUAL 
                   STATUS TECHNICIANS.

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

     SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO 
                   BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.

       During fiscal year 2006, the maximum number of members of 
     the reserve components of the Armed Forces who may be serving 
     at any time on full-time operational support duty under 
     section 115(b) of title 10, United States Code, is the 
     following:
       (1) The Army National Guard of the United States, 17,000.
       (2) The Army Reserve, 13,000.
       (3) The Naval Reserve, 6,200.
       (4) The Marine Corps Reserve, 3,000.
       (5) The Air National Guard of the United States, 16,000.
       (6) The Air Force Reserve, 14,000.
              Subtitle C--Authorization of Appropriations

     SEC. 421. MILITARY PERSONNEL.

       There is hereby authorized to be appropriated to the 
     Department of Defense for military personnel for fiscal year 
     2006 a total of $108,942,746,000. The authorization in the 
     preceding sentence supersedes any other authorization of 
     appropriations (definite or indefinite) for such purpose for 
     fiscal year 2006.

     SEC. 422. ARMED FORCES RETIREMENT HOME.

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

                  Subtitle A--Officer Personnel Policy

Sec. 501. Temporary increase in percentage limits on reduction of time-
              in-grade requirements for retirement in grade upon 
              voluntary retirement.
Sec. 502. Two-year renewal of temporary authority to reduce minimum 
              length of commissioned service required for voluntary 
              retirement as an officer.
Sec. 503. Exclusion from active-duty general and flag officer 
              distribution and strength limitations of officers on 
              leave pending separation or retirement or between senior 
              positions.
Sec. 504. Consolidation of grade limitations on officer assignment and 
              insignia practice known as frocking.
Sec. 505. Clarification of deadline for receipt by promotion selection 
              boards of certain communications from eligible officers.
Sec. 506. Furnishing to promotion selection boards of adverse 
              information on officers eligible for promotion to certain 
              senior grades.
Sec. 507. Applicability of officer distribution and strength 
              limitations to officers serving in intelligence community 
              positions.
Sec. 508. Grades of the Judge Advocates General.
Sec. 509. Authority to retain permanent professors at the Naval Academy 
              beyond 30 years of active commissioned service.
Sec. 510. Authority for designation of a general/flag officer position 
              on the Joint Staff to be held by reserve component 
              general or flag officer on active duty.

                Subtitle B--Reserve Component Management

Sec. 511. Separation at age 64 for reserve component senior officers.
Sec. 512. Modification of strength-in-grade limitations applicable to 
              Reserve flag officers in active status.
Sec. 513. Military technicians (dual status) mandatory separation.
Sec. 514. Military retirement credit for certain service by National 
              Guard members performed while in a State duty status 
              immediately after the terrorist attacks of September 11, 
              2001.
Sec. 515. Redesignation of the Naval Reserve as the Navy Reserve.
Sec. 516. Clarification of certain authorities relating to the 
              Commission on the National Guard and Reserves.
Sec. 517. Report on employment matters for members of the reserve 
              components.
Sec. 518. Defense Science Board study on deployment of members of the 
              National Guard and Reserves in the Global War on 
              Terrorism.
Sec. 519. Sense of Congress on certain matters relating to the National 
              Guard and Reserves.
Sec. 520. Pilot program on enhanced quality of life for members of the 
              Army Reserve and their families.

                   Subtitle C--Education and Training

            Part I--Department of Defense Schools Generally

Sec. 521. Authority for National Defense University award of degree of 
              Master of Science in Joint Campaign Planning and 
              Strategy.
Sec. 522. Authority for certain professional military education schools 
              to receive faculty research grants for certain purposes.

            Part II--United States Naval Postgraduate School

Sec. 523. Revision to mission of the Naval Postgraduate School.
Sec. 524. Modification of eligibility for position of President of the 
              Naval Postgraduate School.
Sec. 525. Increased enrollment for eligible defense industry employees 
              in the defense product development program at Naval 
              Postgraduate School.
Sec. 526. Instruction for enlisted personnel by the Naval Postgraduate 
              School.

               Part III--Reserve Officers' Training Corps

Sec. 531. Repeal of limitation on amount of financial assistance under 
              ROTC scholarship programs.
Sec. 532. Increase in annual limit on number of ROTC scholarships under 
              Army Reserve and National Guard program.
Sec. 533. Procedures for suspending financial assistance and 
              subsistence allowance for Senior ROTC cadets and 
              midshipmen on the basis of health-related conditions.
Sec. 534. Eligibility of United States nationals for appointment to the 
              Senior Reserve Officers' Training Corps.
Sec. 535. Promotion of foreign language skills among members of the 
              Reserve Officers' Training Corps.
Sec. 536. Designation of Ike Skelton Early Commissioning Program 
              Scholarships.

                         Part IV--Other Matters

Sec. 537. Enhancement of educational loan repayment authorities.
Sec. 538. Payment of expenses of members of the Armed Forces to obtain 
              professional credentials.
Sec. 539. Use of Reserve Montgomery GI Bill benefits and benefits for 
              mobilized members of the Selected Reserve and National 
              Guard for payments for licensing or certification tests.
Sec. 540. Modification of educational assistance for reserves 
              supporting contingency and other operations.

                Subtitle D--General Service Requirements

Sec. 541. Ground combat and other exclusion policies.
Sec. 542. Uniform citizenship or residency requirements for enlistment 
              in the Armed Forces.
Sec. 543. Increase in maximum age for enlistment.
Sec. 544. Increase in maximum term of original enlistment in regular 
              component.
Sec. 545. National Call to Service program.
Sec. 546. Reports on information provided to potential recruits and to 
              new entrants into the Armed Forces on ``stop loss'' 
              authorities and initial period of military service 
              obligation.

       Subtitle E--Military Justice and Legal Assistance Matters

Sec. 551. Offense of stalking under the Uniform Code of Military 
              Justice.
Sec. 552. Rape, sexual assault, and other sexual misconduct under 
              Uniform Code of Military Justice.

[[Page H12766]]

Sec. 553. Extension of statute of limitations for murder, rape, and 
              child abuse offenses under the Uniform Code of Military 
              Justice.
Sec. 554. Reports by officers and senior enlisted members of conviction 
              of criminal law.
Sec. 555. Clarification of authority of military legal assistance 
              counsel to provide military legal assistance without 
              regard to licensing requirements.
Sec. 556. Use of teleconferencing in administrative sessions of courts-
              martial.
Sec. 557. Sense of Congress on applicability of Uniform Code of 
              Military Justice to Reserves on inactive-duty training 
              overseas.

               Subtitle F--Matters Relating to Casualties

Sec. 561. Authority for members on active duty with disabilities to 
              participate in Paralympic Games.
Sec. 562. Policy and procedures on casualty assistance to survivors of 
              military decedents.
Sec. 563. Policy and procedures on assistance to severely wounded or 
              injured service members.
Sec. 564. Designation by members of the Armed Forces of persons 
              authorized to direct the disposition of member remains.

   Subtitle G--Assistance to Local Educational Agencies for Defense 
                          Dependents Education

Sec. 571. Expansion of authorized enrollment in Department of Defense 
              dependents schools overseas.
Sec. 572. Assistance to local educational agencies that benefit 
              dependents of members of the Armed Forces and Department 
              of Defense civilian employees.
Sec. 573. Impact aid for children with severe disabilities.
Sec. 574. Continuation of impact aid assistance on behalf of dependents 
              of certain members despite change in status of member.

                   Subtitle H--Decorations and Awards

Sec. 576. Eligibility for Operation Enduring Freedom campaign medal.

                Subtitle I--Consumer Protection Matters

Sec. 577. Requirement for regulations on policies and procedures on 
              personal commercial solicitations on Department of 
              Defense installations.
Sec. 578. Consumer education for members of the Armed Forces and their 
              spouses on insurance and other financial services.
Sec. 579. Report on predatory lending practices directed at members of 
              the Armed Forces and their dependents.

          Subtitle J--Reports and Sense of Congress Statements

Sec. 581. Report on need for a personnel plan for linguists in the 
              Armed Forces.
Sec. 582. Sense of Congress that colleges and universities give equal 
              access to military recruiters and ROTC in accordance with 
              the Solomon Amendment and requirement for report to 
              Congress.
Sec. 583. Sense of Congress concerning study of options for providing 
              homeland defense education.
Sec. 584. Sense of Congress recognizing the diversity of the members of 
              the Armed Forces serving in Operation Iraqi Freedom and 
              Operation Enduring Freedom and honoring their sacrifices 
              and the sacrifices of their families.

                       Subtitle K--Other Matters

Sec. 589. Expansion and enhancement of authority to present recognition 
              items for recruitment and retention purposes.
Sec. 590. Extension of date of submittal of report of Veterans' 
              Disability Benefits Commission.
Sec. 591. Recruitment and enlistment of home-schooled students in the 
              Armed Forces.
Sec. 592. Modification of requirement for certain intermediaries under 
              certain authorities relating to adoptions.
Sec. 593. Adoption leave for members of the Armed Forces adopting 
              children.
Sec. 594. Addition of information to be covered in mandatory 
              preseparation counseling.
Sec. 595. Report on Transition Assistance Programs.
Sec. 596. Improvement to Department of Defense capacity to respond to 
              sexual assault affecting members of the Armed Forces.
Sec. 597. Authority for appointment of Coast Guard flag officer as 
              Chief of Staff to the President.
Sec. 598. Prayer at military service academy activities.
Sec. 599. Modification of authority to make military working dogs 
              available for adoption.
                  Subtitle A--Officer Personnel Policy

     SEC. 501. TEMPORARY INCREASE IN PERCENTAGE LIMITS ON 
                   REDUCTION OF TIME-IN-GRADE REQUIREMENTS FOR 
                   RETIREMENT IN GRADE UPON VOLUNTARY RETIREMENT.

       Section 1370(a)(2) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(F) Notwithstanding subparagraph (E), during the period 
     ending on December 31, 2007, the number of lieutenant 
     colonels and colonels of the Air Force, and the number of 
     commanders and captains of the Navy, for whom a reduction is 
     made under this section during any fiscal year in the period 
     of service-in-grade otherwise required under this paragraph 
     may not exceed four percent of the authorized active-duty 
     strength for that fiscal year for officers of that armed 
     force in that grade.''.

     SEC. 502. TWO-YEAR RENEWAL OF TEMPORARY AUTHORITY TO REDUCE 
                   MINIMUM LENGTH OF COMMISSIONED SERVICE REQUIRED 
                   FOR VOLUNTARY RETIREMENT AS AN OFFICER.

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

     SEC. 503. EXCLUSION FROM ACTIVE-DUTY GENERAL AND FLAG OFFICER 
                   DISTRIBUTION AND STRENGTH LIMITATIONS OF 
                   OFFICERS ON LEAVE PENDING SEPARATION OR 
                   RETIREMENT OR BETWEEN SENIOR POSITIONS.

       (a) Distribution Limitations.--Section 525 of title 10, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(e) In determining the total number of general officers 
     or flag officers of an armed force on active duty for 
     purposes of this section, the following officers shall not be 
     counted:
       ``(1) An officer of that armed force in the grade of 
     brigadier general or above or, in the case of the Navy, in 
     the grade of rear admiral (lower half) or above, who is on 
     leave pending the retirement, separation, or release of that 
     officer from active duty, but only during the 60-day period 
     beginning on the date of the commencement of such leave of 
     such officer.
       ``(2) An officer of that armed force who has been relieved 
     from a position designated under section 601(a) of this title 
     and is under orders to assume another such position, but only 
     during the 60-day period beginning on the date on which those 
     orders are published.''.
       (b) Active-Duty Strength Limitations.--
       (1) In general.--Section 526 of such title is amended by 
     adding at the end the following new subsection:
       ``(e) Exclusion of Certain Officers Pending Separation or 
     Retirement or Between Senior Positions.--The limitations of 
     this section do not apply to a general or flag officer who is 
     covered by an exclusion under section 525(e) of this 
     title.''.
       (2) Conforming amendment.--The heading of subsection (d) of 
     such section is amended by striking ``Certain Officers'' and 
     inserting ``Certain Reserve Officers''.
       (c) Prohibition of Frocking to Grades Above Major General 
     and Rear Admiral.--Section 777(a) of such title is amended by 
     inserting ``in a grade below the grade of major general or, 
     in the case of the Navy, rear admiral,'' after ``An officer'' 
     in the first sentence.

     SEC. 504. CONSOLIDATION OF GRADE LIMITATIONS ON OFFICER 
                   ASSIGNMENT AND INSIGNIA PRACTICE KNOWN AS 
                   FROCKING.

       Section 777(d) of title 10, United States Code, is 
     amended--
       (1) in paragraph (1)--
       (A) by striking ``brigadier generals and Navy rear admirals 
     (lower half)'' and inserting ``colonels, Navy captains, 
     brigadier generals, and rear admirals (lower half)''; and
       (B) by striking ``the grade of'' and all that follows 
     through ``30'' and inserting ``the next higher grade may not 
     exceed 85'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).

     SEC. 505. CLARIFICATION OF DEADLINE FOR RECEIPT BY PROMOTION 
                   SELECTION BOARDS OF CERTAIN COMMUNICATIONS FROM 
                   ELIGIBLE OFFICERS.

       (a) Officers on Active-Duty List.--Section 614(b) of title 
     10, United States Code, is amended in the first sentence by 
     inserting `` the day before'' after ``not later than''.
       (b) Officers on Reserve Active-Status List.--Section 14106 
     of such title is amended in

[[Page H12767]]

     the second sentence by inserting ``the day before'' after 
     ``not later than''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on March 1, 2006, and shall apply with 
     respect to selection boards convened on or after that date.

     SEC. 506. FURNISHING TO PROMOTION SELECTION BOARDS OF ADVERSE 
                   INFORMATION ON OFFICERS ELIGIBLE FOR PROMOTION 
                   TO CERTAIN SENIOR GRADES.

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

     SEC. 507. 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 that 
     position, shall be excluded from the limitations in sections 
     525 and 526 of this title.
       ``(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.
       ``(d) Officers Serving in Office of DNI.--A general or flag 
     officer of the armed forces assigned to a position in the 
     Office of the Director of National Intelligence designated by 
     agreement between the Secretary of Defense and the Director 
     of National Intelligence, while serving in that position, 
     shall be excluded from the limitations in sections 525 and 
     526 of this title, except that not more than five such 
     officers may be so excluded at any time.''.
       (b) Clerical Amendment.--The item relating to such section 
     in the table of sections at the beginning of chapter 32 of 
     such title is amended to read as follows:

``528. Exclusion: officers serving in certain intelligence 
              positions.''.

     SEC. 508. GRADES OF THE JUDGE ADVOCATES GENERAL.

       (a) Judge Advocate General of the Army.--Section 3037(a) of 
     title 10, United States Code, is amended by striking the last 
     sentence and inserting the following new sentences: ``The 
     Judge Advocate General, while so serving, shall hold a grade 
     not lower than major general. An officer appointed as 
     Assistant Judge Advocate General who holds a lower regular 
     grade shall be appointed in the regular grade of major 
     general.''.
       (b) Judge Advocate General of the Navy.--Section 5148(b) of 
     such title is amended by striking the last sentence and 
     inserting the following new sentence: ``The Judge Advocate 
     General, while so serving, shall hold a grade not lower than 
     rear admiral or major general, as appropriate.''.
       (c) Judge Advocate General of the Air Force.--Section 
     8037(a) of such title is amended by striking the last 
     sentence and inserting the following new sentence: ``The 
     Judge Advocate General, while so serving, shall hold a grade 
     not lower than major general.''.

     SEC. 509. AUTHORITY TO RETAIN PERMANENT PROFESSORS AT THE 
                   NAVAL ACADEMY BEYOND 30 YEARS OF ACTIVE 
                   COMMISSIONED SERVICE.

       (a) Waiver of Mandatory Retirement for Years of Service.--
       (1) Lieutenant colonels and commanders.--Section 633 of 
     title 10, United States Code, is amended--
       (A) by striking ``Except an'' and all that follows through 
     ``except as provided'' and inserting ``(a) 28 Years of Active 
     Commissioned Service.--Except as provided in subsection (b) 
     and as provided''; and
       (B) by adding at the end the following:
       ``(b) Exceptions.--Subsection (a) does not apply to the 
     following:
       ``(1) An officer of the Navy or Marine Corps who is an 
     officer designated for limited duty to whom section 5596(e) 
     or 6383 of this title applies.
       ``(2) An officer of the Navy or Marine Corps who is a 
     permanent professor at the United States Naval Academy.''.
       (2) Colonels and navy captains.--Section 634 of such title 
     is amended--
       (A) by striking ``Except an'' and all that follows through 
     ``except as provided'' and inserting ``(a) 30 Years of Active 
     Commissioned Service.--Except as provided in subsection (b) 
     and as provided''; and
       (B) by adding at the end the following:
       ``(b) Exceptions.--Subsection (a) does not apply to the 
     following:
       ``(1) An officer of the Navy who is designated for limited 
     duty to whom section 6383(a)(4) of this title applies.
       ``(2) An officer of the Navy or Marine Corps who is a 
     permanent professor at the United States Naval Academy.''.
       (b) Authority for Retention of Permanent Professors Beyond 
     30 Years.--
       (1) Authority.--Chapter 603 of such title is amended by 
     inserting after section 6969 the following new section:

     ``Sec. 6970. Permanent professors: retirement for years of 
       service; authority for deferral

       ``(a) Retirement for Years of Service.--(1) Except as 
     provided in subsection (b), an officer of the Navy or Marine 
     Corps serving as a permanent professor at the Naval Academy 
     in the grade of commander or lieutenant colonel who is not on 
     a list of officers recommended for promotion to the grade of 
     captain or colonel, as the case may be, shall, if not earlier 
     retired, be retired on the first day of the month after the 
     month in which the officer completes 28 years of active 
     commissioned service.
       ``(2) Except as provided in subsection (b), an officer of 
     the Navy or Marine Corps serving as a permanent professor at 
     the Naval Academy in the grade of captain or colonel who is 
     not on a list of officers recommended for promotion to the 
     grade of rear admiral (lower half) or brigadier general, as 
     the case may be, shall, if not earlier retired, be retired on 
     the first day of the month after the month in which the 
     officer completes 30 years of active commissioned service.
       ``(b) Continuation on Active Duty.--(1) An officer subject 
     to retirement under subsection (a) may have his retirement 
     deferred and be continued on active duty by the Secretary of 
     the Navy.
       ``(2) Subject to section 1252 of this title, the Secretary 
     of the Navy shall determine the period of any continuation on 
     active duty under this section.
       ``(c) Eligibility for Promotion.--A permanent professor at 
     the Naval Academy in the grade of commander or lieutenant 
     colonel who is continued on active duty as a permanent 
     professor under subsection (b) remains eligible for 
     consideration for promotion to the grade of captain or 
     colonel, as the case may be.
       ``(d) Retired Grade and Retired Pay.--Each officer retired 
     under this section--
       ``(1) unless otherwise entitled to a higher grade, shall be 
     retired in the grade determined under section 1370 of this 
     title; and
       ``(2) is entitled to retired pay computed under section 
     6333 of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 6969 the following new item:

``6970. Permanent professors: retirement for years of service; 
              authority for deferral.''.

       (c) Mandatory Retirement at Age 64.--
       (1) Reorganization and standardization.--Chapter 63 of such 
     title is amended by inserting after section 1251 the 
     following new section:

     ``Sec. 1252. Age 64: permanent professors at academies

       ``(a) Mandatory Retirement for Age.--Unless retired or 
     separated earlier, each regular

[[Page H12768]]

     commissioned officer of the Army, Navy, Air Force, or Marine 
     Corps covered by subsection (b) shall be retired on the first 
     day of the month following the month in which the officer 
     becomes 64 years of age.
       ``(b) Covered Officers.--This section applies to the 
     following officers:
       ``(1) An officer who is a permanent professor or the 
     director of admissions of the United States Military Academy.
       ``(2) An officer who is a permanent professor at the United 
     States Naval Academy.
       ``(3) An officer who is a permanent professor or the 
     registrar of the United States Air Force Academy.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1251 the following new item:

``1252. Age 64: permanent professors at academies.''.

       (3) Conforming amendment.--Section 1251(a) of such title is 
     amended--
       (A) in the first sentence, by inserting ``, a permanent 
     professor at the United States Naval Academy,'' after ``Air 
     Force Academy''; and
       (B) by striking the second sentence.
       (d) Conforming Amendments Relating to Computation of 
     Retired Pay.--
       (1) Age 64 retirement.--Chapter 71 of such title is 
     amended--
       (A) in the table in section 1401(a), by inserting at the 
     bottom of the column under the heading ``For sections'', in 
     the entry for Formula Number 5, the following: ``1252''; and
       (B) in the table in section 1406(b)(1), by inserting at the 
     bottom of the first column the following: ``1252''.
       (2) Years-of-service retirement.--Section 6333(a) of such 
     title is amended--
       (A) in the matter preceding the table, by inserting ``6970 
     or'' after ``section''; and
       (B) in the table, by inserting ``6970'' immediately below 
     ``6325(b)'' in the column under the heading ``For sections'', 
     in the entry for Formula B.

     SEC. 510. AUTHORITY FOR DESIGNATION OF A GENERAL/FLAG OFFICER 
                   POSITION ON THE JOINT STAFF TO BE HELD BY 
                   RESERVE COMPONENT GENERAL OR FLAG OFFICER ON 
                   ACTIVE DUTY.

       Section 526(b)(2)(A) of title 10, United States Code, is 
     amended by inserting ``, and a general and flag officer 
     position on the Joint Staff,'' after ``combatant commands''.
                Subtitle B--Reserve Component Management

     SEC. 511. SEPARATION AT AGE 64 FOR RESERVE COMPONENT SENIOR 
                   OFFICERS.

       Section 14512(a) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' before ``Unless retired,'';
       (2) by striking ``who is Chief'' and all that follows 
     through ``of a State,'' and inserting ``who is specified in 
     paragraph (2)''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Paragraph (1) applies to a reserve officer of the 
     Army or Air Force who is any of the following:
       ``(A) The Chief of the National Guard Bureau.
       ``(B) The Chief of the Army Reserve, Chief of the Air Force 
     Reserve, Director of the Army National Guard, or Director of 
     the Air National Guard.
       ``(C) An adjutant general.
       ``(D) If a reserve officer of the Army, the commanding 
     general of the troops of a State.''.

     SEC. 512. MODIFICATION OF STRENGTH-IN-GRADE LIMITATIONS 
                   APPLICABLE TO RESERVE FLAG OFFICERS IN ACTIVE 
                   STATUS.

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

     SEC. 513. MILITARY TECHNICIANS (DUAL STATUS) MANDATORY 
                   SEPARATION.

       (a) Deferral of Separation.--Section 10216 of title 10, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(f) Deferral of Mandatory Separation.--The Secretary of 
     the Army shall implement personnel policies so as to allow a 
     military technician (dual status) who continues to meet the 
     requirements of this section for dual status to continue to 
     serve beyond a mandatory removal date for officers, and any 
     applicable maximum years of service limitation, until the 
     military technician (dual status) reaches age 60 and attains 
     eligibility for an unreduced annuity (as defined in section 
     10218(c) of this title).''.
       (b) Effective Date.--The Secretary of the Army shall 
     implement subsection (f) of section 10216 of title 10, United 
     States Code, as added by subsection (a), not later than 90 
     days after the date of the enactment of this Act.

     SEC. 514. MILITARY RETIREMENT CREDIT FOR CERTAIN SERVICE BY 
                   NATIONAL GUARD MEMBERS PERFORMED WHILE IN A 
                   STATE DUTY STATUS IMMEDIATELY AFTER THE 
                   TERRORIST ATTACKS OF SEPTEMBER 11, 2001.

       (a) Retirement Credit.--Service of a member of the Ready 
     Reserve of the Army National Guard or Air National Guard 
     described in subsection (b) shall be deemed to be service 
     creditable under section 12732(a)(2)(A)(i) of title 10, 
     United States Code.
       (b) Covered Service.--Service referred to in subsection (a) 
     is full-time State active duty service that a member of the 
     National Guard performed on or after September 11, 2001, and 
     before October 1, 2002, in any of the counties specified in 
     subsection (c) to support a Federal declaration of emergency 
     following the terrorist attacks on the United States of 
     September 11, 2001.
       (c) Covered Counties.--The counties referred to in 
     subsection (b) are the following:
       (1) In the State of New York: Bronx, Kings, New York 
     (boroughs of Brooklyn and Manhattan), Queens, Richmond, 
     Delaware, Dutchess, Nassau, Orange, Putnam, Rockland, 
     Suffolk, Sullivan, Ulster, and Westchester.
       (2) In the State of Virginia: Arlington.
       (d) Applicability.--Subsection (a) shall take effect as of 
     September 11, 2001.

     SEC. 515. REDESIGNATION OF THE NAVAL RESERVE AS THE NAVY 
                   RESERVE.

       (a) Redesignation of Reserve Component.--
       (1) Redesignation.--The reserve component of the Armed 
     Forces known as the Naval Reserve is redesignated as the Navy 
     Reserve.
       (2) Conforming repeal.--Section 517 of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375; 118 Stat. 1884; 10 U.S.C. 10101 note) is 
     repealed.
       (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 the following provisions and inserting ``Navy Reserve'':
       (A) Section 513(a).
       (B) Section 516.
       (C) Section 526(b)(2)(C)(i).
       (D) Section 971(a).
       (E) Section 5001(a)(1).
       (F) Section 5143.
       (G) Section 5596(c).
       (H) Section 6323(f).
       (I) Section 6327.
       (J) Section 6330(b).
       (K) Section 6331(a)(2).
       (L) Section 6336.
       (M) Section 6389.
       (N) Section 6911(c)(1).
       (O) Section 6913(a).
       (P) Section 6915.
       (Q) Section 6954(b)(3).
       (R) Section 6956(a)(2).
       (S) Section 6959.
       (T) Section 7225.
       (U) Section 7226.
       (V) Section 7605(1).
       (W) Section 7852.
       (X) Section 7853.
       (Y) Section 7854.
       (Z) Section 10101(3).
       (AA) Section 10108.
       (BB) Section 10172.
       (CC) Section 10301(a)(7).
       (DD) Section 10303.
       (EE) Section 12004(e)(2).
       (FF) Section 12005.
       (GG) Section 12010.
       (HH) Section 12011(a)(2).
       (II) Section 12012(a).
       (JJ) Section 12103.
       (KK) Section 12205.
       (LL) Section 12207(b)(2).
       (MM) Section 12732.
       (NN) Section 12774(b) (other than the first place it 
     appears).
       (OO) Section 14002(b).
       (PP) Section 14101(a)(1).
       (QQ) Section 14107(d).
       (RR) Section 14302(a)(1)(A).
       (SS) Section 14313(b).
       (TT) Section 14501(a).
       (UU) Section 14512(b).
       (VV) Section 14705(a).
       (WW) Section 16201(d)(1)(B)(ii).
       (2) Subsection caption amendments.--Such title is further 
     amended in sections 971(a) and 5143(a) by striking ``Naval 
     Reserve'' and inserting ``Navy Reserve''.
       (3) Section heading amendments.--Such title is further 
     amended as follows:
       (A) The heading of section 5143 is amended to read as 
     follows:

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

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

     ``Sec. 7225. Navy Reserve flag''.

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

     ``Sec. 7226. Navy Reserve yacht pennant''.

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

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

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

     ``Sec. 10172. Navy Reserve Force''.

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

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

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

[[Page H12769]]

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

       (4) Tables of sections amendments.--Such title is further 
     amended as follows:
       (A) The item relating to section 5143 in the table of 
     sections at the beginning of chapter 513 is amended to read 
     as follows:

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

       (B) The item relating to section 6327 in the table of 
     sections at the beginning of chapter 571 is amended to read 
     as follows:

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

       (C) The item relating to section 6389 in the table of 
     sections at the beginning of chapter 573 is amended to read 
     as follows:

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

       (D) The items relating to sections 7225 and 7226 in the 
     table of sections at the beginning of chapter 631 are amended 
     to read as follows:

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

       (E) The item relating to section 10108 in the table of 
     sections at the beginning of chapter 1003 is amended to read 
     as follows:

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

       (F) The item relating to section 10172 in the table of 
     sections at the beginning of chapter 1006 is amended to read 
     as follows:

``10172. Navy Reserve Force.''.

       (G) The item relating to section 10303 in the table of 
     sections at the beginning of chapter 1009 is amended to read 
     as follows:

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

       (H) The item relating to section 12010 in the table of 
     sections at the beginning of chapter 1201 is amended to read 
     as follows:

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

       (I) The item relating to section 14306 in the table of 
     sections at the beginning of chapter 1405 is amended to read 
     as follows:

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

       (c) Conforming Amendment to Title 14, United States Code.--
     Section 705 of title 14, United States Code, is amended by 
     striking ``Naval Reserve'' each place it appears and 
     inserting ``Navy Reserve''.
       (d) Conforming Amendments to Title 37, United States 
     Code.--
       (1) Text amendments.--Title 37, United States Code, is 
     amended by striking ``Naval Reserve'' each place it appears 
     in the following provisions 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) Subsection 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 the following 
     provisions 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.--Title 46, United States 
     Code, is amended as follows:
       (A) Sections 8103(g) and 8302(g) are amended by striking 
     ``Naval Reserve'' each place it appears and inserting ``Navy 
     Reserve''.
       (B) The heading of section 8103 is amended to read as 
     follows:

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

       (C) The table of sections at the beginning of chapter 81 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) The Merchant Marine Act, 1936 is amended--
       (A) by striking ``Naval Reserve'' each place it appears in 
     sections 301(b) (46 U.S.C. App. 1131(b)), 1303 (46 U.S.C. 
     App. 1295b), and 1304 (46 U.S.C. App. 1295c) and inserting 
     ``Navy Reserve''; and
       (B) by striking ``Naval Reserve'' in sections 1303(c) and 
     1304(h) and inserting ``Navy Reserve'':
       (3) The Military Selective Service Act is amended--
       (A) in section 6(a)(1) (50 U.S.C. App. 456(a)(1)), by 
     striking ``United States Naval Reserves'' and inserting 
     ``members of the United States Navy Reserve''; and
       (B) in section 16(i) (50 U.S.C. App. 466(i)), by striking 
     ``Naval Reserve'' and inserting ``Navy Reserve''.
       (h) Other References.--Any reference in any law, 
     regulation, document, record, or other paper of the United 
     States to the Naval Reserve, other than a reference to the 
     Naval Reserve regarding the United States Naval Reserve 
     Retired List, shall be considered to be a reference to the 
     Navy Reserve.

     SEC. 516. CLARIFICATION OF CERTAIN AUTHORITIES RELATING TO 
                   THE COMMISSION ON THE NATIONAL GUARD AND 
                   RESERVES.

       (a) Nature of Commission.--Subsection (a) of section 513 of 
     the Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1880) is 
     amended by inserting ``in the legislative branch'' after 
     ``There is established''.
       (b) Pay of Members.--Subsection (e)(1) of such section is 
     amended 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'.''.
       (c) Technical Amendment.--Subsection (c)(2)(C) of such 
     section is amended by striking ``section 404(a)(4)'' and 
     inserting ``section 416(a)(4)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 28, 2004, as if included in the 
     enactment of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005.

     SEC. 517. REPORT ON EMPLOYMENT MATTERS FOR MEMBERS OF THE 
                   RESERVE COMPONENTS.

       (a) Requirement for Report.--Not later than 270 days after 
     the date of the enactment of this Act, the Comptroller 
     General shall submit to Congress a report on problems faced 
     by members of the reserve components with respect to 
     employment as a result of being ordered to perform full-time 
     National Guard duty or being ordered to active duty.
       (b) Specific Matters.--In preparing the report under 
     subsection (a), the Comptroller General shall include the 
     following:
       (1) Type of employers.--An estimate of the number of 
     employers of members of the reserve components who are 
     private-sector employers and the number who are public-sector 
     employers.
       (2) Size of employers.--An estimate of the number of 
     employers of members of the reserve components who employ 
     fewer than 50 full-time employees.
       (3) Self-employed.--An estimate of the number of members of 
     the reserve components who are self-employed.
       (4) Nature of business.--A description of the nature of the 
     business of employers of members of the reserve components.
       (5) Reemployment difficulties.--A description of 
     difficulties faced by members of the reserve components in 
     gaining reemployment after having performed full-time 
     National Guard duty or active duty, including difficulties 
     faced by members who are disabled as a result of their 
     service.

     SEC. 518. 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 Committee on Armed Services 
     of the Senate and the Committee on Armed Services of the 
     House of Representatives a report on the study required by 
     subsection (a). The report shall include the results of the 
     study and such recommendations as the Defense Science Board 
     considers appropriate in light of the study.

     SEC. 519. SENSE OF CONGRESS ON CERTAIN MATTERS RELATING TO 
                   THE NATIONAL GUARD AND RESERVES.

       It is the sense of Congress--
       (1) to recognize the important and integral role played by 
     members of the Active Guard and Reserve and military 
     technicians (dual status) in the efforts of the Armed Forces; 
     and

[[Page H12770]]

       (2) to urge the Secretary of Defense to promptly resolve 
     issues relating to appropriate authority for payment of 
     reenlistment bonuses stemming from reenlistment contracts 
     entered into between January 14, 2005, and April 17, 2005, 
     involving members of the Army National Guard and military 
     technicians (dual status).

     SEC. 520. PILOT PROGRAM ON ENHANCED QUALITY OF LIFE FOR 
                   MEMBERS OF THE ARMY RESERVE AND THEIR FAMILIES.

       (a) Pilot Program Required.--
       (1) In general.--The Secretary of the Army shall carry out 
     a pilot program to assess the feasibility and advisability of 
     using a coalition of military and civilian community 
     personnel in order to enhance the quality of life for members 
     of the Army Reserve and their families.
       (2) Locations.--The Secretary shall carry out the pilot 
     program in areas of the United States in which members of the 
     Army Reserve and their families are concentrated. The 
     Secretary shall select one area in two States for purposes of 
     the pilot program.
       (b) Participating Personnel.--A coalition of personnel 
     under the pilot program shall include--
       (1) military personnel; and
       (2) appropriate members of the civilian community, such as 
     clinicians and teachers, who volunteer for participation in 
     the coalition.
       (c) Report.--Not later than April 1, 2007, the Secretary 
     shall submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report on the 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 using a coalition of 
     military and civilian community personnel 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.
                   Subtitle C--Education and Training
            PART I--DEPARTMENT OF DEFENSE SCHOOLS GENERALLY

     SEC. 521. AUTHORITY FOR NATIONAL DEFENSE UNIVERSITY AWARD OF 
                   DEGREE OF MASTER OF SCIENCE IN JOINT CAMPAIGN 
                   PLANNING AND STRATEGY.

       (a) Joint Forces Staff College Program.--Section 2163 of 
     title 10, United States Code, is amended to read as follows:

     ``Sec. 2163. National Defense University: master of science 
       degrees

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

``2163. National Defense University: master of science degrees.''.

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

     SEC. 522. AUTHORITY FOR CERTAIN PROFESSIONAL MILITARY 
                   EDUCATION SCHOOLS TO RECEIVE FACULTY RESEARCH 
                   GRANTS FOR CERTAIN PURPOSES.

       (a) National Defense University.--Section 2165 of title 10, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(e) Acceptance of Faculty Research Grants.--(1) The 
     Secretary of Defense may authorize the President of the 
     National Defense University 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 one of the institutions comprising the University for a 
     scientific, literary, or educational purpose.
       ``(2) A qualifying research grant under this subsection 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) A grant may be accepted under this subsection only 
     from 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 
     administering funds received as research grants under this 
     subsection. The President of the University shall use the 
     funds in the account in accordance with applicable provisions 
     of the regulations and the terms and condition of the grants 
     received.
       ``(5) Subject to such limitations as may be provided in 
     appropriations Acts, appropriations available for the 
     National Defense University may be used to pay expenses 
     incurred by the University in applying for, and otherwise 
     pursuing, the award of qualifying research grants.
       ``(6) The Secretary shall prescribe regulations for the 
     administration of this subsection.''.
       (b) Army War College.--
       (1) In general.--Chapter 407 of such title is amended by 
     adding at the end the following new section:

     ``Sec. 4417. United States Army War College: acceptance of 
       grants for faculty research for scientific, literary, and 
       educational purposes

       ``(a) Acceptance of Research Grants.--The Secretary of the 
     Army may authorize the Commandant of the United States Army 
     War College 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 College 
     for a scientific, literary, or educational purpose.
       ``(b) Qualifying Grants.--A qualifying research grant under 
     this section is a grant that is awarded on a competitive 
     basis by an entity referred to in subsection (c) for a 
     research project with a scientific, literary, or educational 
     purpose.
       ``(c) Entities From Which Grants May Be Accepted.--A grant 
     may be accepted under this section only from a corporation, 
     fund, foundation, educational institution, or similar entity 
     that is organized and operated primarily for scientific, 
     literary, or educational purposes.
       ``(d) Administration of Grant Funds.--The Secretary shall 
     establish an account for administering funds received as 
     research grants under this section. The Commandant shall use 
     the funds in the account in accordance with applicable 
     provisions of the regulations and the terms and condition of 
     the grants received.
       ``(e) Related Expenses.--Subject to such limitations as may 
     be provided in appropriations Acts, appropriations available 
     for the Army War College may be used to pay expenses incurred 
     by the College in applying for, and otherwise pursuing, the 
     award of qualifying research grants.
       ``(f) Regulations.--The Secretary shall prescribe 
     regulations for the administration of this section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``4417. United States Army War College: acceptance of grants for 
              faculty research for scientific, literary, and 
              educational purposes.''.

       (c) United States Naval Postgraduate School.--
       (1) In general.--Chapter 605 of such title is amended by 
     adding at the end the following new section:

     ``Sec. 7050. Grants for faculty research for scientific, 
       literary, and educational purposes: acceptance; authorized 
       grantees

       ``(a) Acceptance of Research Grants.--The Secretary of the 
     Navy may authorize the President of the Naval Postgraduate 
     School 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 School for a 
     scientific, literary, or educational purpose.
       ``(b) Qualifying Grants.--A qualifying research grant under 
     this section is a grant that is awarded on a competitive 
     basis by an entity referred to in subsection (c) for a 
     research project with a scientific, literary, or educational 
     purpose.
       ``(c) Entities From Which Grants May Be Accepted.--A grant 
     may be accepted under this section only from a corporation, 
     fund, foundation, educational institution, or similar entity 
     that is organized and operated primarily for scientific, 
     literary, or educational purposes.
       ``(d) Administration of Grant Funds.--The Secretary shall 
     establish an account for administering funds received as 
     research grants under this section. The President of the 
     Naval Postgraduate School shall use the funds in the account 
     in accordance with applicable provisions of the regulations 
     and the terms and condition of the grants received.
       ``(e) Related Expenses.--Subject to such limitations as may 
     be provided in appropriations Acts, appropriations available 
     for the Naval Postgraduate School may be used to pay expenses 
     incurred by the School in applying for, and otherwise 
     pursuing, the award of qualifying research grants.
       ``(f) Regulations.--The Secretary shall prescribe 
     regulations for the administration of this section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``7050. Grants for faculty research for scientific, literary, and 
              educational purposes: acceptance, authorized grantees.''.

       (d) Naval War College and Marine Corps University.--
       (1) In general.--Chapter 609 of such title is amended by 
     adding at the end the following new sections:

     ``Sec. 7103. Naval War College: acceptance of grants for 
       faculty research for scientific, literary, and educational 
       purposes

       ``(a) Acceptance of Research Grants.--The Secretary of the 
     Navy may authorize the President of the Naval War College 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

[[Page H12771]]

     College for a scientific, literary, or educational purpose.
       ``(b) Qualifying Grants.--A qualifying research grant under 
     this section is a grant that is awarded on a competitive 
     basis by an entity referred to in subsection (c) for a 
     research project with a scientific, literary, or educational 
     purpose.
       ``(c) Entities From Which Grants May Be Accepted.--A grant 
     may be accepted under this section only from a corporation, 
     fund, foundation, educational institution, or similar entity 
     that is organized and operated primarily for scientific, 
     literary, or educational purposes.
       ``(d) Administration of Grant Funds.--The Secretary shall 
     establish an account for administering funds received as 
     research grants under this section. The President of the 
     Naval War College shall use the funds in the account in 
     accordance with applicable provisions of the regulations and 
     the terms and condition of the grants received.
       ``(e) Related Expenses.--Subject to such limitations as may 
     be provided in appropriations Acts, appropriations available 
     for the Naval War College may be used to pay expenses 
     incurred by the College in applying for, and otherwise 
     pursuing, the award of qualifying research grants.
       ``(f) Regulations.--The Secretary shall prescribe 
     regulations for the administration of this section.

     ``Sec. 7104. Marine Corps University: acceptance of grants 
       for faculty research for scientific, literary, and 
       educational purposes

       ``(a) Acceptance of Research Grants.--The Secretary of the 
     Navy may authorize the President of the Marine Corps 
     University 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 one of the 
     institutions comprising the University for a scientific, 
     literary, or educational purpose.
       ``(b) Qualifying Grants.--A qualifying research grant under 
     this section is a grant that is awarded on a competitive 
     basis by an entity referred to in subsection (c) for a 
     research project with a scientific, literary, or educational 
     purpose.
       ``(c) Entities From Which Grants May Be Accepted.--A grant 
     may be accepted under this section only from a corporation, 
     fund, foundation, educational institution, or similar entity 
     that is organized and operated primarily for scientific, 
     literary, or educational purposes.
       ``(d) Administration of Grant Funds.--The Secretary shall 
     establish an account for administering funds received as 
     research grants under this section. The President of the 
     Marine Corps University shall use the funds in the account in 
     accordance with applicable provisions of the regulations and 
     the terms and condition of the grants received.
       ``(e) Related Expenses.--Subject to such limitations as may 
     be provided in appropriations Acts, appropriations available 
     for the Marine Corps University may be used to pay expenses 
     incurred by the University in applying for, and otherwise 
     pursuing, the award of qualifying research grants.
       ``(f) Regulations.--The Secretary shall prescribe 
     regulations for the administration of this section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new items:

``7103. Naval War College: acceptance of grants for faculty research 
              for scientific, literary, and educational purposes.
``7104. Marine Corps University: acceptance of grants for faculty 
              research for scientific, literary, and educational 
              purposes.''.

       (e) United States Air Force Institute of Technology.--
     Section 9314 of such title 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) A qualifying research grant under this subsection 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) A grant may be accepted under this subsection only 
     from 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 
     administering funds received as research grants under this 
     section. The Commandant of the Institute shall use the funds 
     in the account in accordance with applicable provisions of 
     the regulations and the terms and condition of the grants 
     received.
       ``(5) Subject to such limitations as may be provided in 
     appropriations Acts, appropriations available for the 
     Institute 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 shall prescribe regulations for the 
     administration of this subsection.''.
       (f) Air War College.--
       (1) In general.--Chapter 907 of such title is amended by 
     adding at the end the following new section:

     ``Sec. 9417. Air War College: acceptance of grants for 
       faculty research for scientific, literary, and educational 
       purposes

       ``(a) Acceptance of Research Grants.--The Secretary of the 
     Air Force may authorize the Commandant of the Air War College 
     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 College for a scientific, 
     literary, or educational purpose.
       ``(b) Qualifying Grants.--A qualifying research grant under 
     this section is a grant that is awarded on a competitive 
     basis by an entity referred to in subsection (c) for a 
     research project with a scientific, literary, or educational 
     purpose.
       ``(c) Entities From Which Grants May Be Accepted.--A grant 
     may be accepted under this section only from a corporation, 
     fund, foundation, educational institution, or similar entity 
     that is organized and operated primarily for scientific, 
     literary, or educational purposes.
       ``(d) Administration of Grant Funds.--The Secretary shall 
     establish an account for administering funds received as 
     research grants under this section. The Commandant shall use 
     the funds in the account in accordance with applicable 
     provisions of the regulations and the terms and condition of 
     the grants received.
       ``(e) Related Expenses.--Subject to such limitations as may 
     be provided in appropriations Acts, appropriations available 
     for the Air War College may be used to pay expenses incurred 
     by the College in applying for, and otherwise pursuing, the 
     award of qualifying research grants.
       ``(f) Regulations.--The Secretary shall prescribe 
     regulations for the administration of this section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``9417. Air War College: acceptance of grants for faculty research for 
              scientific, literary, and educational purposes.''.

            PART II--UNITED STATES NAVAL POSTGRADUATE SCHOOL

     SEC. 523. REVISION TO MISSION OF THE NAVAL POSTGRADUATE 
                   SCHOOL.

       (a) Inclusion of Professional Education and Research 
     Opportunities.--The text of section 7041 of title 10, United 
     States Code, is amended to read as follows:
       `` There is a United States Naval Postgraduate School, the 
     primary function of which is to provide advanced instruction 
     and professional and technical education and research 
     opportunities for commissioned officers of the naval service 
     in--
       ``(1) their practical and theoretical duties;
       ``(2) the science, physics, and systems engineering of 
     current and future naval warfare doctrine, operations, and 
     systems; and
       ``(3) the integration of naval operations and systems into 
     joint, combined, and multinational operations.''.
       (b) Conforming Amendment.--Section 7042(b)(1) of such title 
     is amended by striking ``and technical education of 
     students'' and inserting ``and professional and technical 
     education of students and the provision of research 
     opportunities for students''.

     SEC. 524. MODIFICATION OF ELIGIBILITY FOR POSITION OF 
                   PRESIDENT OF THE NAVAL POSTGRADUATE SCHOOL.

       Subsection (a) of section 7042 of title 10, United States 
     Code, is amended to read as follows:
       ``(a)(1) The President of the Naval Postgraduate School 
     shall be one of the following:
       ``(A) An officer of the Navy in a grade not below the grade 
     of captain who is detailed to such position.
       ``(B) A civilian individual having qualifications 
     appropriate to the position of President of the Naval 
     Postgraduate School who is assigned to such position.
       ``(2) The President of the Naval Postgraduate School shall 
     be detailed or assigned to such position by the Secretary of 
     the Navy, upon the recommendation of the Chief of Naval 
     Operations.
       ``(3) An individual assigned to the position of President 
     of the Naval Postgraduate School under paragraph (1)(B) shall 
     serve in that position for a term of not more than five years 
     and may be reassigned to that position for an additional term 
     of up to five years.
       ``(4) The qualifications appropriate for selection for 
     detail or assignment to the position of President of the 
     Naval Postgraduate School include the following:
       ``(A) A doctorate degree in a field of study relevant to 
     the mission and function of the Naval Postgraduate School, in 
     the case of a civilian, or a doctorate or master's degree in 
     such a field of study, in the case of an officer of the Navy.
       ``(B) A comprehensive understanding of the Navy, the 
     Department of Defense, and joint and combined operations.
       ``(C) Leadership experience at the senior level in a large 
     and diverse organization.
       ``(D) Demonstrated ability to foster and encourage a 
     program of research in order to sustain academic excellence.
       ``(E) Other qualifications, as determined by the Secretary 
     of the Navy.''.

     SEC. 525. INCREASED ENROLLMENT FOR ELIGIBLE DEFENSE INDUSTRY 
                   EMPLOYEES IN THE DEFENSE PRODUCT DEVELOPMENT 
                   PROGRAM AT NAVAL POSTGRADUATE SCHOOL.

       Section 7049(a) of title 10, United States Code, is 
     amended--
       (1) by inserting ``and systems engineering'' after 
     ``curriculum related to defense product development''; and
       (2) by striking ``10'' and inserting ``25''.

     SEC. 526. INSTRUCTION FOR ENLISTED PERSONNEL BY THE NAVAL 
                   POSTGRADUATE SCHOOL.

       (a) Expanded Eligibility for Instruction.--Section 7045 of 
     title 10, United States Code, is amended--

[[Page H12772]]

       (1) in subsection (a)(2)--
       (A) by redesignating subparagraph (C) as subparagraph (D);
       (B) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) The Secretary may permit an eligible enlisted member 
     of the Navy or Marine Corps to receive instruction from the 
     Postgraduate School in certificate programs and courses 
     required for the performance of the member's duties.''; and
       (C) in subparagraph (D), as so redesignated, by striking 
     ``(A) and (B)'' and inserting ``(A), (B), and (C)''; and
       (2) in subsection (b)(2), by striking ``(a)(2)(C)'' and 
     inserting ``(a)(2)(D)''.
       (b) Limitation on Degree Awards.--Such section is further 
     amended by adding at the end the following new subsection:
       ``(d) The Secretary may not award a baccalaureate, masters, 
     or doctorate degree to an enlisted member based upon 
     instruction received at the Postgraduate School under 
     subsection (a)(2)(C).''.
       (c) Report on Rationale and Plans of the Navy to Provide 
     Enlisted Members an Opportunity to Obtain Graduate Degrees.--
     The Secretary of the Navy shall submit to the Committee on 
     Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives a report on the 
     plans, if any, of the Secretary, and the rationale for those 
     plans, for a program to provide enlisted members of the Navy 
     with opportunities to pursue graduate degree programs either 
     through Navy schools or paid for by the Navy in return for an 
     additional service obligation. The report shall include the 
     following:
       (1) The underlying philosophy and objectives supporting a 
     decision to provide opportunities for graduate degrees to 
     enlisted members of the Navy.
       (2) An overall description of how the award of a graduate 
     degree to an enlisted member would fit in an integrated, 
     progressive, coordinated, and systematic way into the goals 
     and requirements of the Navy for enlisted career development 
     and for professional education, together with a discussion of 
     a wider requirement, if any, for programs for the award of 
     associate and baccalaureate degrees to enlisted members, 
     particularly in the career fields under consideration for the 
     pilot program referred to in subsection (d).
       (3) A discussion of the scope and details of the plan to 
     ensure that Navy enlisted members have the requisite academic 
     baccalaureate degrees as a prerequisite for undertaking 
     graduate-level work.
       (4) Identification of the specific enlisted career fields 
     for which the Secretary has determined that a graduate degree 
     should be a requirement, as well as the rationale for that 
     determination.
       (5) A description of the concept of the Secretary for the 
     process and mechanism of providing graduate degrees to 
     enlisted members, including, at a minimum, the Secretary's 
     plan for whether the degree programs would be provided 
     through civilian or military degree-granting institutions and 
     whether through in-resident or distance learning or some 
     combination thereof.
       (6) A description of the plan to ensure proper and 
     effective utilization of enlisted members following the award 
     of a graduate degree.
       (d) Plan for Pilot Program.--In addition to the report 
     under subsection (c), the Secretary of the Navy may submit a 
     plan for a pilot program to make available opportunities to 
     pursue graduate degree programs to a limited number of Navy 
     enlisted members in a specific, limited set of critical 
     career fields. Such a plan shall include, as a minimum, the 
     following:
       (1) The specific objectives of the pilot program.
       (2) An identification of the specific enlisted career 
     fields from which candidates for the program would be drawn, 
     the numbers and prerequisite qualifications of initial 
     candidates, and the process for selecting the enlisted 
     members who would initially participate.
       (3) The process and mechanism for providing the degrees, 
     described in the same manner as specified under subsection 
     (c)(5), and a general description of course content.
       (4) An analysis of the cost effectiveness of using Navy, 
     other service, or civilian degree granting institutions in 
     the program.
       (5) The plan for post-graduation utilization of the 
     enlisted members who obtain graduate degrees under the 
     program.
       (6) The criteria and plan for assessing whether the 
     objectives of the program are met.
               PART III--RESERVE OFFICERS' TRAINING CORPS

     SEC. 531. REPEAL OF LIMITATION ON AMOUNT OF FINANCIAL 
                   ASSISTANCE UNDER ROTC SCHOLARSHIP PROGRAMS.

       (a) General ROTC Program.--Section 2107(c) of title 10, 
     United States Code, is amended--
       (1) by striking paragraph (4); and
       (2) in paragraph (5)(B), by striking ``, (3), or (4)'' and 
     inserting ``or (3)''.
       (b) Army Reserve and Army National Guard Program.--Section 
     2107a(c) of such title is amended by striking paragraph (3).
       (c) Effective Date.--Paragraph (4) of section 2107(c) of 
     title 10, United States Code, and paragraph (3) of section 
     2107a(c) of such title, as in effect on the day before the 
     date of the enactment of this Act, shall continue to apply in 
     the case of any individual selected before the date of the 
     enactment of this Act for appointment as a cadet or 
     midshipman under section 2107 or 2107a of such title.

     SEC. 532. INCREASE IN ANNUAL LIMIT ON NUMBER OF ROTC 
                   SCHOLARSHIPS UNDER ARMY RESERVE AND NATIONAL 
                   GUARD PROGRAM .

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

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

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

     SEC. 534. ELIGIBILITY OF UNITED STATES NATIONALS FOR 
                   APPOINTMENT TO THE SENIOR RESERVE OFFICERS' 
                   TRAINING CORPS.

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

     SEC. 535. 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 Committee on Armed Services the Senate and the 
     Committee on Armed Services of the House of Representatives a 
     report on the actions taken to carry out this section.

     SEC. 536. DESIGNATION OF IKE SKELTON EARLY COMMISSIONING 
                   PROGRAM SCHOLARSHIPS.

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

     SEC. 537. 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;

[[Page H12773]]

       (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. 538. PAYMENT OF EXPENSES OF MEMBERS OF THE ARMED FORCES 
                   TO OBTAIN PROFESSIONAL CREDENTIALS.

       (a) In General.--Chapter 101 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2015. Payment of expenses to obtain professional 
       credentials

       ``(a) Authority.--The Secretary of Defense and the 
     Secretary of Homeland Security, with respect to the Coast 
     Guard when it is not operating as a service in the Navy, may 
     pay for--
       ``(1) expenses for members of the armed forces to obtain 
     professional credentials, including expenses for professional 
     accreditation, State-imposed and professional licenses, and 
     professional certification; and
       ``(2) examinations to obtain such credentials.
       ``(b) Limitation.--The authority under subsection (a) may 
     not be used to pay the expenses of a member to obtain 
     professional credentials that are a prerequisite for 
     appointment in the armed forces.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2015. Payment of expenses to obtain professional credentials.''.

     SEC. 539. USE OF RESERVE MONTGOMERY GI BILL BENEFITS AND 
                   BENEFITS FOR MOBILIZED MEMBERS OF THE SELECTED 
                   RESERVE AND NATIONAL GUARD FOR PAYMENTS FOR 
                   LICENSING OR CERTIFICATION TESTS.

       (a) Chapter 1606.--Section 16131 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(j)(1) Subject to paragraph (3), the amount of 
     educational assistance payable under this chapter for a 
     licensing or certification test described in section 3452(b) 
     of title 38 is the lesser of $2,000 or the fee charged for 
     the test.
       ``(2) The number of months of entitlement charged in the 
     case of any individual for such licensing or certification 
     test is equal to the number (including any fraction) 
     determined by dividing the total amount of educational 
     assistance paid such individual for such test by the full-
     time monthly institutional rate of educational assistance 
     which, but for paragraph (1), such individual would otherwise 
     be paid under subsection (b).
       ``(3) In no event shall payment of educational assistance 
     under this subsection for such a test exceed the amount of 
     the individual's available entitlement under this chapter.''.
       (b) Chapter 1607.--Section 16162 of such title is amended 
     by adding at the end the following new subsection:
       ``(e) Availability of Assistance for Licensing and 
     Certification Tests.--The provisions of section 16131(j) of 
     this title shall apply to the provision of educational 
     assistance under this chapter, except that, in applying such 
     section under this chapter, the reference to subsection (b) 
     in paragraph (2) of such section is deemed to be a reference 
     to subsection (c) of this section.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to a licensing or certification test administered 
     on or after the date of the enactment of this Act.

     SEC. 540. MODIFICATION OF EDUCATIONAL ASSISTANCE FOR RESERVES 
                   SUPPORTING CONTINGENCY AND OTHER OPERATIONS.

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

     SEC. 541. GROUND COMBAT AND OTHER EXCLUSION POLICIES.

       (a) In General.--
       (1) Chapter 37 of title 10, United States Code, is amended 
     by inserting after section 651 the following new section:

     ``Sec. 652. Notice to Congress of proposed changes in units, 
       assignments, etc. to which female members may be assigned

       ``(a) Rule for Ground Combat Personnel Policy.--(1) If the 
     Secretary of Defense proposes to make any change described in 
     paragraph (2)(A) or (2)(B) to the ground combat exclusion 
     policy or proposes to make a change described in paragraph 
     (2)(C), the Secretary shall, before any such change is 
     implemented, submit to Congress a report providing notice of 
     the proposed change. Such a change may then be implemented 
     only after the end of a period of 30 days of continuous 
     session of Congress (excluding any day on which either House 
     of Congress is not in session) following the date on which 
     the report is received.
       ``(2) A change referred to in paragraph (1) is a change 
     that--
       ``(A) closes to female members of the armed forces any 
     category of unit or position that at that time is open to 
     service by such members;
       ``(B) opens to service by female members of the armed 
     forces any category of unit or position that at that time is 
     closed to service by such members; or
       ``(C) opens or closes to the assignment of female members 
     of the armed forces any military career designator as 
     described in paragraph (6).
       ``(3) The Secretary shall include in any report under 
     paragraph (1)--
       ``(A) a detailed description of, and justification for, the 
     proposed change; and
       ``(B) a detailed analysis of legal implication of the 
     proposed change with respect to the constitutionality of the 
     application of the Military Selective Service Act (50 App. 
     U.S.C. 451 et seq.) to males only.
       ``(4) In this subsection, the term `ground combat exclusion 
     policy' means the military personnel policies of the 
     Department of Defense and the military departments, as in 
     effect on October 1, 1994, by which female members of the 
     armed forces are restricted from assignment to units and 
     positions below brigade level whose primary mission is to 
     engage in direct combat on the ground.
       ``(5) For purposes of this subsection, the continuity of a 
     session of Congress is broken only by an adjournment of the 
     Congress sine die.
       ``(6) For purposes of this subsection, a military career 
     designator is one that is related to military operations on 
     the ground as of May 18, 2005, and applies--
       ``(A) for enlisted members and warrant officers, to 
     military occupational specialties, specialty codes, enlisted 
     designators, enlisted classification codes, additional skill 
     identifiers, and special qualification identifiers; and
       ``(B) for officers (other than warrant officers), to 
     officer areas of concentration, occupational specialties, 
     specialty codes, designators, additional skill identifiers, 
     and special qualification identifiers.
       ``(b) Other Personnel Policy Changes.--(1) Except in a case 
     covered by section 6035 of this title or by subsection (a), 
     whenever the Secretary of Defense proposes to make a change 
     to military personnel policies described in paragraph (2), 
     the Secretary shall, not less than 30 days before such change 
     is implemented, submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives notice, in writing, of the proposed 
     change.
       ``(2) Paragraph (1) applies to a proposed military 
     personnel policy change, other than a policy change covered 
     by subsection (a), that would make available to female 
     members of the armed forces assignment to any of the 
     following that, as of the date of the proposed change, is 
     closed to such assignment:
       ``(A) Any type of unit not covered by subsection (a).
       ``(B) Any class of combat vessel.
       ``(C) Any type of combat platform.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     651 the following new item:

``652. Notice to Congress of proposed changes in units, assignments, 
              etc. to which female members may be assigned.''.

       (b) Report on Implementation of Department of Defense 
     Policies With Regard to the Assignment of Women.--Not later 
     than March 31, 2006, the Secretary of Defense shall submit to 
     the Committee on Armed Services of the Senate and the 
     Committee on Armed Services of the House of Representatives a 
     report of the Secretary's review of the current and future 
     implementation of the policy regarding the assignment of 
     women as articulated in the Secretary of Defense memorandum, 
     dated January 13, 1994, and entitled, ``Direct Ground Combat 
     Definition and Assignment Rule''. In conducting that review, 
     the Secretary shall closely examine Army unit modularization 
     efforts, and associated personnel assignment policies, to 
     ensure their compliance with the Department of Defense policy 
     articulated in the January 1994 memorandum.
       (c) Conforming Repeal.--Section 542 of the National Defense 
     Authorization Act for Fiscal Year 1994 (10 U.S.C. 113 note) 
     is repealed.

     SEC. 542. UNIFORM CITIZENSHIP OR RESIDENCY REQUIREMENTS FOR 
                   ENLISTMENT IN THE ARMED FORCES.

       (a) Uniform Requirements.--Section 504 of title 10, United 
     States Code, is amended--
       (1) by inserting ``(a) Insanity, Desertion, Felons, Etc.--
     '' before ``No person''; and
       (2) by adding at the end the following new subsection:
       ``(b) Citizenship or Residency.--(1) A person may be 
     enlisted in any armed force only if the person is one of the 
     following:
       ``(A) A national of the United States, as defined in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)).
       ``(B) An alien who is lawfully admitted for permanent 
     residence, as defined in section 101(a)(20) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
       ``(C) A person described in section 341 of one of the 
     following compacts:
       ``(i) The Compact of Free Association between the Federated 
     States of Micronesia and the

[[Page H12774]]

     United States (section 201(a) of Public Law 108-188 (117 
     Stat. 2784; 48 U.S.C. 1921 note)).
       ``(ii) The Compact of Free Association between the Republic 
     of the Marshall Islands and the United States (section 201(b) 
     of Public Law 108-188 (117 Stat. 2823; 48 U.S.C. 1921 note)).
       ``(iii) The Compact of Free Association between Palau and 
     the United States (section 201 of Public Law 99-658 (100 
     Stat. 3678; 48 U.S.C. 1931 note)).
       ``(2) Notwithstanding paragraph (1), the Secretary 
     concerned may authorize the enlistment of a person not 
     described in paragraph (1) if the Secretary determines that 
     such enlistment is vital to the national interest.''.
       (b) Repeal of Superseded Limitations for the Army and Air 
     Force.--
       (1) Repeal.--Sections 3253 and 8253 of such title are 
     repealed.
       (2) Clerical amendments.--The table of sections at the 
     beginning of chapter 333 of such title is amended by striking 
     the item relating to section 3253. The table of sections at 
     the beginning of chapter 833 of such title is amended by 
     striking the item relating to section 8253.

     SEC. 543. 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. 544. INCREASE IN MAXIMUM TERM OF ORIGINAL ENLISTMENT IN 
                   REGULAR COMPONENT.

       Section 505(c) of title 10, United States Code, is amended 
     by striking ``six years'' and inserting ``eight years''.

     SEC. 545. 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) Extension of Qualifying Service for Initial Military 
     Service Under Program.--Subsection (d) of such title section 
     is amended by inserting before the period at the end the 
     following: ``and shall include military occupational 
     specialties for enlistments for officer training and 
     subsequent service as an officer, in cases in which the 
     reason for the enlistment and entry into an agreement under 
     subsection (b) is to enter an officer training program''.
       (c) Administration of Education Incentives by Secretary of 
     Veterans Affairs.--Paragraph (2) of subsection (h) of such 
     section is amended to read as follows:
       ``(2)(A) Educational assistance under paragraphs (3) or (4) 
     of subsection (e) shall be provided through the Department of 
     Veterans Affairs under an agreement to be entered into by the 
     Secretary of Defense and the Secretary of Veterans Affairs. 
     The agreements shall include administrative procedures to 
     ensure the prompt and timely transfer of funds from the 
     Secretary concerned to the Secretary of Veterans Affairs for 
     the making of payments under this section.
       ``(B) Except as otherwise provided in this section, the 
     provisions of sections 503, 511, 3470, 3471, 3474, 3476, 
     3482(g), 3483, and 3485 of title 38 and the provisions of 
     subchapters I and II of chapter 36 of such title (with the 
     exception of sections 3686(a), 3687, and 3692) shall be 
     applicable to the provision of educational assistance under 
     this chapter. The term `eligible veteran' and the term 
     `person', as used in those provisions, shall be deemed for 
     the purpose of the application of those provisions to this 
     section to refer to a person eligible for educational 
     assistance under paragraph (3) or (4) of subsection (e).''.

     SEC. 546. REPORTS ON INFORMATION PROVIDED TO POTENTIAL 
                   RECRUITS AND TO NEW ENTRANTS INTO THE ARMED 
                   FORCES ON ``STOP LOSS'' AUTHORITIES AND INITIAL 
                   PERIOD OF MILITARY SERVICE OBLIGATION.

       (a) Report on Information Provided to Potential Recruits.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committee on Armed Services of the Senate and 
     the Committee on Armed Services of the House of 
     Representatives a report on the actions being taken to ensure 
     that each individual being recruited for service in the Armed 
     Forces is provided, before making a formal enlistment in the 
     Armed Forces, precise and detailed information on the period 
     or periods of service to which such individual may be 
     obligated by reason of enlistment in the Armed Forces, 
     including any revisions to Department of Defense Form 4/1.
       (2) Elements.--The report under paragraph (1) shall 
     include--
       (A) a description of how the Department informs enlistees 
     in the Armed Forces on--
       (i) the so-called ``stop loss'' authority and the manner in 
     which exercise of such authority could affect the duration of 
     an individual's service on active duty in the Armed Forces;
       (ii) the authority for the call or order to active duty of 
     members of the Individual Ready Reserve and the manner in 
     which such a call or order to active duty could affect an 
     individual following the completion of the individual's 
     expected period of service on active duty or in the 
     Individual Ready Reserve; and
       (iii) any other authorities applicable to the call or order 
     to active duty of the Reserves, or of the retention of 
     members of the Armed Forces on active duty, that could affect 
     the period of service of an individual on active duty or in 
     the Armed Forces; and
       (B) such other information as the Secretary considers 
     appropriate.
       (b) Report on Information Provided to New Entrants and 
     Other Service Members.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committee on Armed Services of the Senate and 
     the Committee on Armed Services of the House of 
     Representatives a report on the actions being taken to ensure 
     that each individual covered by section 651(a) of title 10, 
     United States Code, is provided, upon commencing that 
     person's initial period of service as a member of the Armed 
     Forces and at other points during a military career, precise 
     information regarding the date on which the initial service 
     obligation of that person under such section ends.
       (2) Elements of report.--The report under subsection (a) 
     shall include the following:
       (A) A description of how the Department notifies members of 
     the Armed Forces of--
       (i) the completion date of their military service 
     obligation upon entry in the Armed Forces;
       (ii) the expiration of their military service obligation; 
     and
       (iii) before the expiration of a member's military service 
     obligation, the opportunity, if the member is qualified and 
     serving in the Individual Ready Reserve, to continue 
     voluntarily in the Ready Reserve or to transfer to an active 
     component.
       (B) A description of the policy and procedures of the 
     Department of Defense regarding the involuntary recall or 
     mobilization of members serving in the Individual Ready 
     Reserve beyond the date of expiration of their military 
     service obligation.
       (C) Such other information as the Secretary considers 
     appropriate.
       Subtitle E--Military Justice and Legal Assistance Matters

     SEC. 551. OFFENSE OF STALKING UNDER THE UNIFORM CODE OF 
                   MILITARY JUSTICE.

       (a) Establishment of Offense.--
       (1) New punitive article.--Subchapter X of chapter 47 of 
     title 10, United States Code (the Uniform Code of Military 
     Justice), is amended by inserting after section 920 (article 
     120) the following new section:

     ``Sec. 920a. Art. 120a. Stalking

       ``(a) Any person subject to this section--
       ``(1) who wrongfully engages in a course of conduct 
     directed at a specific person that would cause a reasonable 
     person to fear death or bodily harm, including sexual 
     assault, to himself or herself or a member of his or her 
     immediate family;
       ``(2) who has knowledge, or should have knowledge, that the 
     specific person will be placed in reasonable fear of death or 
     bodily harm, including sexual assault, to himself or herself 
     or a member of his or her immediate family; and
       ``(3) whose acts induce reasonable fear in the specific 
     person of death or bodily harm, including sexual assault, to 
     himself or herself or to a member of his or her immediate 
     family;
     is guilty of stalking and shall be punished as a court-
     martial may direct.
       ``(b) In this section:
       ``(1) The term `course of conduct' means--
       ``(A) a repeated maintenance of visual or physical 
     proximity to a specific person; or
       ``(B) a repeated conveyance of verbal threat, written 
     threats, or threats implied by conduct, or a combination of 
     such threats, directed at or toward a specific person.
       ``(2) The term `repeated', with respect to conduct, means 
     two or more occasions of such conduct.
       ``(3) The term `immediate family', in the case of a 
     specific person, means a spouse, parent, child, or sibling of 
     the person, or any other family member, relative, or intimate 
     partner of the person who regularly resides in the household 
     of the person or who within the six months preceding the 
     commencement of the course of conduct regularly resided in 
     the household of the person.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 920 the following new item:

``920a. 120a. Stalking.''.

       (b) Applicability.--Section 920a of title 10, United States 
     Code (article 120a of the Uniform Code of Military Justice), 
     as added by subsection (a), applies to offenses committed 
     after the date that is 180 days after the date of the 
     enactment of this Act.

     SEC. 552. RAPE, SEXUAL ASSAULT, AND OTHER SEXUAL MISCONDUCT 
                   UNDER UNIFORM CODE OF MILITARY JUSTICE.

       (a) Revision to UCMJ.--
       (1) In general.--Section 920 of title 10, United States 
     Code (article 120 of the Uniform Code of Military Justice), 
     is amended to read as follows:

     ``Sec. 920. Art. 120. Rape, sexual assault, and other sexual 
       misconduct

       ``(a) Rape.--Any person subject to this chapter who causes 
     another person of any age to engage in a sexual act by--
       ``(1) using force against that other person;
       ``(2) causing grievous bodily harm to any person;
       ``(3) threatening or placing that other person in fear that 
     any person will be subjected to death, grievous bodily harm, 
     or kidnaping;
       ``(4) rendering another person unconscious; or
       ``(5) administering to another person by force or threat of 
     force, or without the knowledge or permission of that person, 
     a drug, intoxicant, or other similar substance and thereby 
     substantially impairs the ability of that other person to 
     appraise or control conduct;
     is guilty of rape and shall be punished as a court-martial 
     may direct.
       ``(b) Rape of a Child.--Any person subject to this chapter 
     who--
       ``(1) engages in a sexual act with a child who has not 
     attained the age of 12 years; or

[[Page H12775]]

       ``(2) engages in a sexual act under the circumstances 
     described in subsection (a) with a child who has attained the 
     age of 12 years;
     is guilty of rape of a child and shall be punished as a 
     court-martial may direct.
       ``(c) Aggravated Sexual Assault.--Any person subject to 
     this chapter who--
       ``(1) causes another person of any age to engage in a 
     sexual act by--
       ``(A) threatening or placing that other person in fear 
     (other than by threatening or placing that other person in 
     fear that any person will be subjected to death, grievous 
     bodily harm, or kidnapping); or
       ``(B) causing bodily harm; or
       ``(2) engages in a sexual act with another person of any 
     age if that other person is substantially incapacitated or 
     substantially incapable of--
       ``(A) appraising the nature of the sexual act;
       ``(B) declining participation in the sexual act; or
       ``(C) communicating unwillingness to engage in the sexual 
     act;
     is guilty of aggravated sexual assault and shall be punished 
     as a court-martial may direct.
       ``(d) Aggravated Sexual Assault of a Child.--Any person 
     subject to this chapter who engages in a sexual act with a 
     child who has attained the age of 12 years is guilty of 
     aggravated sexual assault of a child and shall be punished as 
     a court-martial may direct.
       ``(e) Aggravated Sexual Contact.--Any person subject to 
     this chapter who engages in or causes sexual contact with or 
     by another person, if to do so would violate subsection (a) 
     (rape) had the sexual contact been a sexual act, is guilty of 
     aggravated sexual contact and shall be punished as a court-
     martial may direct.
       ``(f) Aggravated Sexual Abuse of a Child.--Any person 
     subject to this chapter who engages in a lewd act with a 
     child is guilty of aggravated sexual abuse of a child and 
     shall be punished as a court-martial may direct.
       ``(g) Aggravated Sexual Contact With a Child.--Any person 
     subject to this chapter who engages in or causes sexual 
     contact with or by another person, if to do so would violate 
     subsection (b) (rape of a child) had the sexual contact been 
     a sexual act, is guilty of aggravated sexual contact with a 
     child and shall be punished as a court-martial may direct.
       ``(h) Abusive Sexual Contact.--Any person subject to this 
     chapter who engages in or causes sexual contact with or by 
     another person, if to do so would violate subsection (c) 
     (aggravated sexual assault) had the sexual contact been a 
     sexual act, is guilty of abusive sexual contact and shall be 
     punished as a court-martial may direct.
       ``(i) Abusive Sexual Contact With a Child.--Any person 
     subject to this chapter who engages in or causes sexual 
     contact with or by another person, if to do so would violate 
     subsection (d) (aggravated sexual assault of a child) had the 
     sexual contact been a sexual act, is guilty of abusive sexual 
     contact with a child and shall be punished as a court-martial 
     may direct.
       ``(j) Indecent Liberty With a Child.--Any person subject to 
     this chapter who engages in indecent liberty in the physical 
     presence of a child--
       ``(1) with the intent to arouse, appeal to, or gratify the 
     sexual desire of any person; or
       ``(2) with the intent to abuse, humiliate, or degrade any 
     person;
      is guilty of indecent liberty with a child and shall be 
     punished as a court-martial may direct.
       ``(k) Indecent Act.--Any person subject to this chapter who 
     engages in indecent conduct is guilty of an indecent act and 
     shall be punished as a court-martial may direct.
       ``(l) Forcible Pandering.--Any person subject to this 
     chapter who compels another person to engage in an act of 
     prostitution with another person to be directed to said 
     person is guilty of forcible pandering and shall be punished 
     as a court-martial may direct.
       ``(m) Wrongful Sexual Contact.--Any person subject to this 
     chapter who, without legal justification or lawful 
     authorization, engages in sexual contact with another person 
     without that other person's permission is guilty of wrongful 
     sexual contact and shall be punished as a court-martial may 
     direct.
       ``(n) Indecent Exposure.--Any person subject to this 
     chapter who intentionally exposes, in an indecent manner, in 
     any place where the conduct involved may reasonably be 
     expected to be viewed by people other than members of the 
     actor's family or household, the genitalia, anus, buttocks, 
     or female areola or nipple is guilty of indecent exposure and 
     shall by punished as a court-martial may direct.
       ``(o) Age of Child.--
       ``(1) Twelve years.--In a prosecution under subsection (b) 
     (rape of a child), subsection (g) (aggravated sexual contact 
     with a child), or subsection (j) (indecent liberty with a 
     child), it need not be proven that the accused knew that the 
     other person engaging in the sexual act, contact, or liberty 
     had not attained the age of 12 years. It is not an 
     affirmative defense that the accused reasonably believed that 
     the child had attained the age of 12 years.
       ``(2) Sixteen years.--In a prosecution under subsection (d) 
     (aggravated sexual assault of a child), subsection (f) 
     (aggravated sexual abuse of a child), subsection (i) (abusive 
     sexual contact with a child), or subsection (j) (indecent 
     liberty with a child), it need not be proven that the accused 
     knew that the other person engaging in the sexual act, 
     contact, or liberty had not attained the age of 16 years. 
     Unlike in paragraph (1), however, it is an affirmative 
     defense that the accused reasonably believed that the child 
     had attained the age of 16 years.
       ``(p) Proof of Threat.--In a prosecution under this 
     section, in proving that the accused made a threat, it need 
     not be proven that the accused actually intended to carry out 
     the threat.
       ``(q) Marriage.--
       ``(1) In general.--In a prosecution under paragraph (2) of 
     subsection (c) (aggravated sexual assault), or under 
     subsection (d) (aggravated sexual assault of a child), 
     subsection (f) (aggravated sexual abuse of a child), 
     subsection (i) (abusive sexual contact with a child), 
     subsection (j) (indecent liberty with a child), subsection 
     (m) (wrongful sexual contact), or subsection (n) (indecent 
     exposure), it is an affirmative defense that the accused and 
     the other person when they engaged in the sexual act, sexual 
     contact, or sexual conduct are married to each other.
       ``(2) Definition.--For purposes of this subsection, a 
     marriage is a relationship, recognized by the laws of a 
     competent State or foreign jurisdiction, between the accused 
     and the other person as spouses. A marriage exists until it 
     is dissolved in accordance with the laws of a competent State 
     or foreign jurisdiction.
       ``(3) Exception.--Paragraph (1) shall not apply if the 
     accused's intent at the time of the sexual conduct is to 
     abuse, humiliate, or degrade any person.
       ``(r) Consent and Mistake of Fact as to Consent.--Lack of 
     permission is an element of the offense in subsection (m) 
     (wrongful sexual contact). Consent and mistake of fact as to 
     consent are not an issue, or an affirmative defense, in a 
     prosecution under any other subsection, except they are an 
     affirmative defense for the sexual conduct in issue in a 
     prosecution under subsection (a) (rape), subsection (c) 
     (aggravated sexual assault), subsection (e) (aggravated 
     sexual contact), and subsection (h) (abusive sexual contact).
       ``(s) Other Affirmative Defenses not Precluded.--The 
     enumeration in this section of some affirmative defenses 
     shall not be construed as excluding the existence of others.
       ``(t) Definitions.--In this section:
       ``(1) Sexual act.--The term `sexual act' means--
       ``(A) contact between the penis and the vulva, and for 
     purposes of this subparagraph contact involving the penis 
     occurs upon penetration, however slight; or
       ``(B) the penetration, however slight, of the genital 
     opening of another by a hand or finger or by any object, with 
     an intent to abuse, humiliate, harass, or degrade any person 
     or to arouse or gratify the sexual desire of any person.
       ``(2) Sexual contact.--The term `sexual contact' means the 
     intentional touching, either directly or through the 
     clothing, of the genitalia, anus, groin, breast, inner thigh, 
     or buttocks of another person, or intentionally causing 
     another person to touch, either directly or through the 
     clothing, the genitalia, anus, groin, breast, inner thigh, or 
     buttocks of any person, with an intent to abuse, humiliate, 
     or degrade any person or to arouse or gratify the sexual 
     desire of any person.
       ``(3) Grievous bodily harm.--The term `grievous bodily 
     harm' means serious bodily injury. It includes fractured or 
     dislocated bones, deep cuts, torn members of the body, 
     serious damage to internal organs, and other severe bodily 
     injuries. It does not include minor injuries such as a black 
     eye or a bloody nose. It is the same level of injury as in 
     section 928 (article 128) of this chapter, and a lesser 
     degree of injury than in section 2246(4) of title 18.
       ``(4) Dangerous weapon or object.--The term `dangerous 
     weapon or object' means--
       ``(A) any firearm, loaded or not, and whether operable or 
     not;
       ``(B) any other weapon, device, instrument, material, or 
     substance, whether animate or inanimate, that in the manner 
     it is used, or is intended to be used, is known to be capable 
     of producing death or grievous bodily harm; or
       ``(C) any object fashioned or utilized in such a manner as 
     to lead the victim under the circumstances to reasonably 
     believe it to be capable of producing death or grievous 
     bodily harm.
       ``(5) Force.--The term `force' means action to compel 
     submission of another or to overcome or prevent another's 
     resistance by--
       ``(A) the use or display of a dangerous weapon or object;
       ``(B) the suggestion of possession of a dangerous weapon or 
     object that is used in a manner to cause another to believe 
     it is a dangerous weapon or object; or
       ``(C) physical violence, strength, power, or restraint 
     applied to another person, sufficient that the other person 
     could not avoid or escape the sexual conduct.
       ``(6) Threatening or placing that other person in fear.--
     The term `threatening or placing that other person in fear' 
     under paragraph (3) of subsection (a) (rape), or under 
     subsection (e) (aggravated sexual contact), means a 
     communication or action that is of sufficient consequence to 
     cause a reasonable fear that non-compliance will result in 
     the victim or another person being subjected to death, 
     grievous bodily harm, or kidnapping.
       ``(7) Threatening or placing that other person in fear.--
       ``(A) In general.--The term `threatening or placing that 
     other person in fear' under paragraph (1)(A) of subsection 
     (c) (aggravated sexual assault), or under subsection (h) 
     (abusive sexual contact), means a communication or action 
     that is of sufficient consequence to cause a reasonable fear 
     that non-compliance will result in the victim or another 
     being subjected to a lesser degree of harm than death, 
     grievous bodily harm, or kidnapping.
       ``(B) Inclusions.--Such lesser degree of harm includes--
       ``(i) physical injury to another person or to another 
     person's property; or
       ``(ii) a threat--

       ``(I) to accuse any person of a crime;
       ``(II) to expose a secret or publicize an asserted fact, 
     whether true or false, tending to subject some person to 
     hatred, contempt or ridicule; or

[[Page H12776]]

       ``(III) through the use or abuse of military position, 
     rank, or authority, to affect or threaten to affect, either 
     positively or negatively, the military career of some person.

       ``(8) Bodily harm.--The term `bodily harm' means any 
     offensive touching of another, however slight.
       ``(9) Child.--The term `child' means any person who has not 
     attained the age of 16 years.
       ``(10) Lewd act.--The term `lewd act' means--
       ``(A) the intentional touching, not through the clothing, 
     of the genitalia of another person, with an intent to abuse, 
     humiliate, or degrade any person, or to arouse or gratify the 
     sexual desire of any person; or
       ``(B) intentionally causing another person to touch, not 
     through the clothing, the genitalia of any person with an 
     intent to abuse, humiliate or degrade any person, or to 
     arouse or gratify the sexual desire of any person.
       ``(11) Indecent liberty.--The term `indecent liberty' means 
     indecent conduct, but physical contact is not required. It 
     includes one who with the requisite intent exposes one's 
     genitalia, anus, buttocks, or female areola or nipple to a 
     child. An indecent liberty may consist of communication of 
     indecent language as long as the communication is made in the 
     physical presence of the child. If words designed to excite 
     sexual desire are spoken to a child, or a child is exposed to 
     or involved in sexual conduct, it is an indecent liberty; the 
     child's consent is not relevant.
       ``(12) Indecent conduct.--The term `indecent conduct' means 
     that form of immorality relating to sexual impurity which is 
     grossly vulgar, obscene, and repugnant to common propriety, 
     and tends to excite sexual desire or deprave morals with 
     respect to sexual relations. Indecent conduct includes 
     observing, or making a videotape, photograph, motion picture, 
     print, negative, slide, or other mechanically, 
     electronically, or chemically reproduced visual material, 
     without another person's consent, and contrary to that other 
     person's reasonable expectation of privacy, of--
       ``(A) that other person's genitalia, anus, or buttocks, or 
     (if that other person is female) that person's areola or 
     nipple; or
       ``(B) that other person while that other person is engaged 
     in a sexual act, sodomy (under section 925 (article 125)), or 
     sexual contact.
       ``(13) Act of prostitution.--The term `act of prostitution' 
     means a sexual act, sexual contact, or lewd act for the 
     purpose of receiving money or other compensation.
       ``(14) Consent.--The term `consent' means words or overt 
     acts indicating a freely given agreement to the sexual 
     conduct at issue by a competent person. An expression of lack 
     of consent through words or conduct means there is no 
     consent. Lack of verbal or physical resistance or submission 
     resulting from the accused's use of force, threat of force, 
     or placing another person in fear does not constitute 
     consent. A current or previous dating relationship by itself 
     or the manner of dress of the person involved with the 
     accused in the sexual conduct at issue shall not constitute 
     consent. A person cannot consent to sexual activity if--
       ``(A) under 16 years of age; or
       ``(B) substantially incapable of--
       ``(i) appraising the nature of the sexual conduct at issue 
     due to--

       ``(I) mental impairment or unconsciousness resulting from 
     consumption of alcohol, drugs, a similar substance, or 
     otherwise; or
       ``(II) mental disease or defect which renders the person 
     unable to understand the nature of the sexual conduct at 
     issue;

       ``(ii) physically declining participation in the sexual 
     conduct at issue; or
       ``(iii) physically communicating unwillingness to engage in 
     the sexual conduct at issue.
       ``(15) Mistake of fact as to consent.--The term `mistake of 
     fact as to consent' means the accused held, as a result of 
     ignorance or mistake, an incorrect belief that the other 
     person engaging in the sexual conduct consented. The 
     ignorance or mistake must have existed in the mind of the 
     accused and must have been reasonable under all the 
     circumstances. To be reasonable the ignorance or mistake must 
     have been based on information, or lack of it, which would 
     indicate to a reasonable person that the other person 
     consented. Additionally, the ignorance or mistake cannot be 
     based on the negligent failure to discover the true facts. 
     Negligence is the absence of due care. Due care is what a 
     reasonably careful person would do under the same or similar 
     circumstances. The accused's state of intoxication, if any, 
     at the time of the offense is not relevant to mistake of 
     fact. A mistaken belief that the other person consented must 
     be that which a reasonably careful, ordinary, prudent, sober 
     adult would have had under the circumstances at the time of 
     the offense.
       ``(16) Affirmative defense.--The term `affirmative defense' 
     means any special defense which, although not denying that 
     the accused committed the objective acts constituting the 
     offense charged, denies, wholly, or partially, criminal 
     responsibility for those acts. The accused has the burden of 
     proving the affirmative defense by a preponderance of 
     evidence. After the defense meets this burden, the 
     prosecution shall have the burden of proving beyond a 
     reasonable doubt that the affirmative defense did not 
     exist.''.
       (2) Clerical amendment.--The item relating to section 920 
     (article 120) in the table of sections at the beginning of 
     subchapter X of chapter 47 of title 10, United States Code 
     (the Uniform Code of Military Justice), is amended to read as 
     follows:

``920. 120. Rape, sexual assault, and other sexual misconduct.''.

       (b) Interim Maximum Punishments.--Until the President 
     otherwise provides pursuant to section 856 of title 10, 
     United States Code (article 56 of the Uniform Code of 
     Military Justice), the punishment which a court-martial may 
     direct for an offense under section 920 of such title 
     (article 120 of the Uniform Code of Military Justice), as 
     amended by subsection (a), may not exceed the following 
     limits:
       (1) Subsections (a) and (b).--For an offense under 
     subsection (a) (rape) or subsection (b) (rape of a child), 
     death or such other punishment as a court-martial may direct.
       (2) Subsection (c).--For an offense under subsection (c) 
     (aggravated sexual assault), dishonorable discharge, 
     forfeiture of all pay and allowances, and confinement for 30 
     years.
       (3) Subsections (d) and (e).--For an offense under 
     subsection (d) (aggravated sexual assault of a child) or 
     subsection (e) (aggravated sexual contact), dishonorable 
     discharge, forfeiture of all pay and allowances, and 
     confinement for 20 years.
       (4) Subsections (f) and (g).--For an offense under 
     subsection (f) (aggravated sexual abuse of a child) or 
     subsection (g) (aggravated sexual contact with a child), 
     dishonorable discharge, forfeiture of all pay and allowances, 
     and confinement for 15 years.
       (5) Subsections (h) through (j).--For an offense under 
     subsection (h) (abusive sexual contact), subsection (i) 
     (abusive sexual contact with a child), or subsection (j) 
     (indecent liberty with a child), dishonorable discharge, 
     forfeiture of all pay and allowances, and confinement for 7 
     years.
       (6) Subsections (k) and (l).--For an offense under 
     subsection (k) (indecent act) or subsection (l) (forcible 
     pandering), dishonorable discharge, forfeiture of all pay and 
     allowances, and confinement for 5 years.
       (7) Subsections (m) and (n).--For an offense under 
     subsection (m) (wrongful sexual contact) or subsection (n) 
     (indecent exposure), dishonorable discharge, forfeiture of 
     all pay and allowances, and confinement for one year.
       (c) Applicability.--Section 920 of title 10, United States 
     Code (article 120 of the Uniform Code of Military Justice), 
     as amended by subsection (a), shall apply with respect to 
     offenses committed on or after the effective date specified 
     in subsection (f).
       (d) Aggravating Factors for Offense of Murder.--Section 918 
     of title 10, United States Code (article 118 of the Uniform 
     Code of Military Justice), is amended in paragraph (4) by 
     striking ``rape,'' and inserting ``rape, rape of a child, 
     aggravated sexual assault, aggravated sexual assault of a 
     child, aggravated sexual contact, aggravated sexual abuse of 
     a child, aggravated sexual contact with a child,''.
       (e) Statute of Limitations.--Section 843(a) of title 10, 
     United States Code (article 843(a) of the Uniform Code of 
     Military Justice), as amended by section 553(a), is amended 
     by striking ``or rape,'' and inserting ``, rape, or rape of a 
     child,''.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2007.

     SEC. 553. EXTENSION OF STATUTE OF LIMITATIONS FOR MURDER, 
                   RAPE, AND CHILD ABUSE OFFENSES UNDER THE 
                   UNIFORM CODE OF MILITARY JUSTICE.

       (a) No Limitation for Murder or Rape.--Subsection (a) of 
     section 843 of title 10, United States Code (article 43 of 
     the Uniform Code of Military Justice), is amended by striking 
     ``or with any offense punishable by death'' and inserting 
     ``with murder or rape, or with any other offense punishable 
     by death''.
       (b) Special Rules for Child Abuse Offenses.--Subsection 
     (b)(2) of such section (article) is amended--
       (1) in subparagraph (A), by striking ``before the child 
     attains the age of 25 years'' and inserting ``during the life 
     of the child or within five years after the date on which the 
     offense was committed, whichever provides a longer period,'';
       (2) in subparagraph (B)--
       (A) in the matter preceding clause (i), by striking 
     ``sexual or physical'';
       (B) in clause (i), by striking ``Rape or carnal knowledge'' 
     and inserting ``Any offense''; and
       (C) in clause (v), by striking ``Indecent assault,'' and 
     inserting ``Kidnaping; indecent assault;''; and
       (3) by adding at the end the following new subparagraph:
       ``(C) In subparagraph (A), the term `child abuse offense' 
     includes an act that involves abuse of a person who has not 
     attained the age of 18 years and would constitute an offense 
     under chapter 110 or 117, or under section 1591, of title 
     18.''.

     SEC. 554. REPORTS BY OFFICERS AND SENIOR ENLISTED MEMBERS OF 
                   CONVICTION OF CRIMINAL LAW.

       (a) Requirement for Reports.--
       (1) In general.--The Secretary of Defense shall prescribe 
     in regulations a requirement that each covered member of the 
     Armed Forces shall submit to an authority in the military 
     department concerned designated pursuant to such regulations 
     a timely report of any conviction of such member by any law 
     enforcement authority of the United States for a violation of 
     a criminal law of the United States, whether or not the 
     member is on active duty at the time of the conduct that 
     provides the basis for the conviction. The regulations shall 
     apply uniformly throughout the military departments.
       (2) Covered members.--In this section, the term ``covered 
     member of the Armed Forces'' means a member of the Army, 
     Navy, Air Force, or Marine Corps who is on the active-duty 
     list or the reserve active-status list and who is--
       (A) an officer; or
       (B) an enlisted member in a pay grade above pay grade E-6.
       (b) Law Enforcement Authority of the United States.--For 
     purposes of this section, a law enforcement authority of the 
     United States includes--

[[Page H12777]]

       (1) a military or other Federal law enforcement authority;
       (2) a State or local law enforcement authority; and
       (3) such other law enforcement authorities within the 
     United States as the Secretary shall specify in the 
     regulations prescribed pursuant to subsection (a).
       (c) Criminal Law of the United States.--
       (1) In general.--Except as provided in paragraph (2), for 
     purposes of this section, a criminal law of the United States 
     includes--
       (A) any military or other Federal criminal law;
       (B) any State, county, municipal, or local criminal law or 
     ordinance; and
       (C) such other criminal laws and ordinances of 
     jurisdictions within the United States as the Secretary shall 
     specify in the regulations prescribed pursuant to subsection 
     (a).
       (2) Exception.--For purposes of this section, a criminal 
     law of the United States shall not include a law or ordinance 
     specifying a minor traffic offense (as determined by the 
     Secretary for purposes of such regulations).
       (d) Timeliness of Reports.--The regulations prescribed 
     pursuant to subsection (a) shall establish requirements for 
     the timeliness of reports under this section.
       (e) Forwarding of Information.--The regulations prescribed 
     pursuant to subsection (a) shall provide that, in the event a 
     military department receives information that a covered 
     member of the Armed Forces under the jurisdiction of another 
     military department has become subject to a conviction for 
     which a report is required by this section, the Secretary of 
     the military department receiving such information shall, in 
     accordance with such procedures as the Secretary of Defense 
     shall establish in such regulations, forward such information 
     to the authority in the military department having 
     jurisdiction over such member designated pursuant to such 
     regulations.
       (f) Convictions.--In this section, the term ``conviction'' 
     includes any plea of guilty or nolo contendere.
       (g) Deadline for Regulations.--The regulations required by 
     subsection (a), including the requirement in subsection (e), 
     shall go into effect not later than the end of the 180-day 
     period beginning on the date of the enactment of this Act.
       (h) Applicability of Requirement.--The requirement under 
     the regulations required by subsection (a) that a covered 
     member of the Armed Forces submit notice of a conviction 
     shall apply only to a conviction that becomes final after the 
     date of the enactment of this Act.

     SEC. 555. CLARIFICATION OF AUTHORITY OF MILITARY LEGAL 
                   ASSISTANCE COUNSEL TO PROVIDE MILITARY LEGAL 
                   ASSISTANCE WITHOUT REGARD TO LICENSING 
                   REQUIREMENTS.

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

     SEC. 556. USE OF TELECONFERENCING IN ADMINISTRATIVE SESSIONS 
                   OF COURTS-MARTIAL.

       Section 839 of title 10, United States Code (article 39 of 
     the Uniform Code of Military Justice), is amended--
       (1) by redesignating subsection (b) as subsection (c);
       (2) by designating the matter following paragraph (4) of 
     subsection (a) as subsection (b); and
       (3) in subsection (b), as so redesignated--
       (A) by striking ``These proceedings shall be conducted'' 
     and inserting ``Proceedings under subsection (a) shall be 
     conducted''; and
       (B) by adding at the end the following new sentence: ``If 
     authorized by regulations of the Secretary concerned, and if 
     at least one defense counsel is physically in the presence of 
     the accused, the presence required by this subsection may 
     otherwise be established by audiovisual technology (such as 
     videoteleconferencing technology).''.

     SEC. 557. SENSE OF CONGRESS ON APPLICABILITY OF UNIFORM CODE 
                   OF MILITARY JUSTICE TO RESERVES ON INACTIVE-
                   DUTY TRAINING OVERSEAS.

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

     SEC. 561. AUTHORITY FOR MEMBERS ON ACTIVE DUTY WITH 
                   DISABILITIES TO PARTICIPATE IN PARALYMPIC 
                   GAMES.

       Section 717(a) of title 10, United States Code, is amended 
     by striking ``participate in--'' and all that follows through 
     ``(2) any other'' and inserting ``participate in any of the 
     following sports competitions:
       ``(1) The Pan-American Games and the Olympic Games, and 
     qualifying events and preparatory competition for those 
     games.
       ``(2) The Paralympic Games, if eligible to participate in 
     those games, and qualifying events and preparatory 
     competition for those games.
       ``(3) Any other''.

     SEC. 562. POLICY AND PROCEDURES ON CASUALTY ASSISTANCE TO 
                   SURVIVORS OF MILITARY DECEDENTS.

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

[[Page H12778]]

     the benefits and financial assistance available to such 
     survivors through the casualty assistance programs of the 
     military departments under subsection (c); and
       (3) such recommendations for other legislative or 
     administrative action as the Secretary considers appropriate 
     to enhance and improve such programs to achieve their 
     intended purposes.
       (e) GAO Report.--
       (1) Report required.--Not later than July 1, 2006, the 
     Comptroller General shall submit to the committees specified 
     in subsection (d) a report on the evaluation by the 
     Comptroller General of the casualty assistance programs of 
     the Department of Defense and of such other departments and 
     agencies of the Federal Government as provide casualty 
     assistance to survivors and next of kin of military 
     decedents.
       (2) Assessment.--The report shall include the assessment of 
     the Comptroller General of the adequacy of the current 
     policies and procedures of, and funding for, the casualty 
     assistance programs covered by the report to achieve their 
     intended purposes.

     SEC. 563. POLICY AND PROCEDURES ON ASSISTANCE TO SEVERELY 
                   WOUNDED OR INJURED SERVICE MEMBERS.

       (a) Comprehensive Policy.--
       (1) Policy required.--Not later than June 1, 2006, the 
     Secretary of Defense shall prescribe a comprehensive policy 
     for the Department of Defense on the provision of assistance 
     to members of the Armed Forces who incur severe wounds or 
     injuries in the line of duty (in this section referred to as 
     ``severely wounded or injured servicemembers'').
       (2) Consultation.--The Secretary shall develop the policy 
     required by paragraph (1) in consultation with the 
     Secretaries of the military departments, the Secretary of 
     Veterans Affairs, and the Secretary of Labor.
       (3) Incorporation of past experience and practice.--The 
     policy required by paragraph (1) shall be based on--
       (A) the experience and best practices of the military 
     departments, including the Army Wounded Warrior Program, the 
     Marine Corps Marine for Life Injured Support Program, the Air 
     Force Palace HART program, and the Navy Wounded Marines and 
     Sailors Initiative;
       (B) the recommendations of nongovernment organizations with 
     demonstrated expertise in responding to the needs of severely 
     wounded or injured servicemembers; and
       (C) such other matters as the Secretary of Defense 
     considers appropriate.
       (4) Procedures and standards.--The policy shall include 
     guidelines to be followed by the military departments in the 
     provision of assistance to severely wounded or injured 
     servicemembers. The procedures and standards shall be uniform 
     across the military departments except to the extent 
     necessary to reflect the traditional practices or customs of 
     a particular military department. The procedures and 
     standards shall establish a minimum level of support and 
     shall specify the duration of programs.
       (b) Elements of Policy.--The comprehensive policy developed 
     under subsection (a) shall address the following matters:
       (1) Coordination with the Severely Injured Joint Support 
     Operations Center of the Department of Defense.
       (2) Promotion of a seamless transition to civilian life for 
     severely wounded or injured servicemembers who are or are 
     likely to be separated on account of their wound or injury.
       (3) Identification and resolution of special problems or 
     issues related to the transition to civilian life of severely 
     wounded or injured servicemembers who are members of the 
     reserve components.
       (4) The qualifications, assignment, training, duties, 
     supervision, and accountability for the performance of 
     responsibilities for the personnel providing assistance to 
     severely wounded or injured servicemembers.
       (5) Centralized, short-term and long-term case-management 
     procedures for assistance to severely wounded or injured 
     servicemembers by each military department, including rapid 
     access for severely wounded or injured servicemembers to case 
     managers and counselors.
       (6) The provision, through a computer accessible Internet 
     website and other means and at no cost to severely wounded or 
     injured servicemembers, of personalized, integrated 
     information on the benefits and financial assistance 
     available to such members from the Federal Government.
       (7) The provision of information to severely wounded or 
     injured servicemembers on mechanisms for registering 
     complaints about, or requests for, additional assistance.
       (8) Participation of family members.
       (9) Liaison with the Department of Veterans Affairs and the 
     Department of Labor in order to ensure prompt and accurate 
     resolution of issues relating to benefits administered by 
     those agencies for severely wounded or injured 
     servicemembers.
       (10) Data collection regarding the incidence and quality of 
     assistance provided to severely wounded or injured 
     servicemembers, including surveys of such servicemembers and 
     military and civilian personnel whose assigned duties include 
     assistance to severely wounded or injured servicemembers.
       (c) Adoption by Military Departments.--Not later than 
     September 1, 2006, the Secretary of each military department 
     shall prescribe regulations, or modify current regulations, 
     on the policies and procedures of such military department on 
     the provision of assistance to severely wounded or injured 
     servicemembers in order to conform such policies and 
     procedures to the policy prescribed under subsection (a).

     SEC. 564. DESIGNATION BY MEMBERS OF THE ARMED FORCES OF 
                   PERSONS AUTHORIZED TO DIRECT THE DISPOSITION OF 
                   MEMBER REMAINS.

       (a) In General.--Not later than June 1, 2006, the Secretary 
     of Defense shall complete, and the Secretaries of the 
     military departments shall implement, Department of Defense 
     Instruction 1300.18, including interim policy guidance, 
     regarding the requirement to have service members designate a 
     person authorized to direct disposition of their remains 
     should they become a casualty.
       (b) Report.--Not later than July 1, 2006, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     actions taken by the Secretary, and by the Secretaries of the 
     military departments, to carry out the requirement in 
     subsection (a).
   Subtitle G--Assistance to Local Educational Agencies for Defense 
                          Dependents Education

     SEC. 571. EXPANSION OF AUTHORIZED ENROLLMENT IN DEPARTMENT OF 
                   DEFENSE DEPENDENTS SCHOOLS OVERSEAS.

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


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

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

     SEC. 572. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT 
                   BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED 
                   FORCES AND DEPARTMENT OF DEFENSE CIVILIAN 
                   EMPLOYEES.

       (a) Assistance to Schools With Significant Numbers of 
     Military Dependent Students.--
       (1) Assistance authorized.--The Secretary of Defense shall 
     provide financial assistance to an eligible local educational 
     agency described in paragraph (2) if, without such 
     assistance, the local educational agency will be unable (as 
     determined by the Secretary of Defense in consultation with 
     the Secretary of Education) to provide the students in the 
     schools of the local educational agency with a level of 
     education that is equivalent to the minimum level of 
     education available in the schools of the other local 
     educational agencies in the same State.
       (2) Eligible local educational agencies.--A local 
     educational agency is eligible for assistance under this 
     subsection for a fiscal year if at least 20 percent (as 
     rounded to the nearest whole percent) of the students in 
     average daily attendance in the schools of the local 
     educational agency during the preceding school year were 
     military dependent students counted under section 8003(a)(1) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7703(a)(1)).
       (b) Assistance to Schools With Enrollment Changes Due to 
     Base Closures, Force Structure Changes, or Force 
     Relocations.--
       (1) Assistance authorized.--To assist communities in making 
     adjustments resulting from changes in the size or location of 
     the Armed Forces, the Secretary of Defense shall provide 
     financial assistance to an eligible local educational agency 
     described in paragraph (2) if, during the period between the 
     end of the school year preceding the fiscal year for which 
     the assistance is authorized and the beginning of the school 
     year immediately preceding that school year, the local 
     educational agency had (as determined by the Secretary of 
     Defense in consultation with the Secretary of Education) an 
     overall increase or reduction of--
       (A) not less than five percent in the average daily 
     attendance of military dependent students in the schools of 
     the local educational agency; or
       (B) not less than 250 military dependent students in 
     average daily attendance in the schools of the local 
     educational agency.
       (2) Eligible local educational agencies.--A local 
     educational agency is eligible for assistance under this 
     subsection for a fiscal year if--
       (A) the local educational agency is eligible for assistance 
     under subsection (a) for the same fiscal year, or would have 
     been eligible for such assistance if not for the reduction in 
     military dependent students in schools of the local 
     educational agency; and
       (B) the overall increase or reduction in military dependent 
     students in schools of the local educational agency is the 
     result of one or more of the following:
       (i) The global rebasing plan of the Department of Defense.
       (ii) The official creation or activation of one or more new 
     military units.
       (iii) The realignment of forces as a result of the base 
     closure process.
       (iv) A change in the number of housing units on a military 
     installation.
       (3) Calculation of amount of assistance.--
       (A) Pro rata distribution.--The amount of the assistance 
     provided under this subsection to a local educational agency 
     that is eligible for such assistance for a fiscal year shall 
     be equal to the product obtained by multiplying--
       (i) the per-student rate determined under subparagraph (B) 
     for that fiscal year; by
       (ii) the net of the overall increases and reductions in the 
     number of military dependent students in schools of the local 
     educational agency, as determined under paragraph (1).

[[Page H12779]]

       (B) Per-student rate.--For purposes of subparagraph (A)(i), 
     the per-student rate for a fiscal year shall be equal to the 
     dollar amount obtained by dividing--
       (i) the total amount of funds made available for that 
     fiscal year to provide assistance under this subsection; by
       (ii) the sum of the overall increases and reductions in the 
     number of military dependent students in schools of all 
     eligible local educational agencies for that fiscal year 
     under this subsection.
       (C) Maximum amount of assistance.--A local educational 
     agency may not receive more than $1,000,000 in assistance 
     under this subsection for any fiscal year.
       (4) Duration.--Assistance may not be provided under this 
     subsection after September 30, 2010.
       (c) Notification.--Not later than June 30, 2006, and June 
     30 of each fiscal year thereafter for which funds are made 
     available to carry out this section, the Secretary of Defense 
     shall notify each local educational agency that is eligible 
     for assistance under this section for that fiscal year of--
       (1) the eligibility of the local educational agency for the 
     assistance, including whether the agency is eligible for 
     assistance under either subsection (a) or (b) or both 
     subsections; and
       (2) the amount of the assistance for which the local 
     educational agency is eligible.
       (d) Disbursement of Funds.--The Secretary of Defense shall 
     disburse assistance made available under this section for a 
     fiscal year not later than 30 days after the date on which 
     notification to the eligible local educational agencies is 
     provided pursuant to subsection (c) for that fiscal year.
       (e) Finding for Fiscal Year 2006.--Of the amount authorized 
     to be appropriated pursuant to section 301(5) for operation 
     and maintenance for Defense-wide activities--
       (1) $30,000,000 shall be available only for the purpose of 
     providing assistance to local educational agencies under 
     subsection (a); and
       (2) $10,000,000 shall be available only for the purpose of 
     providing assistance to local educational agencies under 
     subsection (b).
       (f) Definitions.--In this section:
       (1) The term ``base closure process'' means the 2005 base 
     closure and realignment process authorized by Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note) or any base closure 
     and realignment process conducted after the date of the 
     enactment of this Act under section 2687 of title 10, United 
     States Code, or any other similar law enacted after that 
     date.
       (2) The term ``local educational agency'' has the meaning 
     given that term in section 8013(9) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
       (3) The term ``military dependent students'' refers to--
       (A) elementary and secondary school students who are 
     dependents of members of the Armed Forces; and
       (B) elementary and secondary school students who are 
     dependents of civilian employees of the Department of 
     Defense.
       (4) The term ``State'' means each of the 50 States and the 
     District of Columbia.
       (g) Repeal of Former Authority.--Section 386 of the 
     National Defense Authorization Act for Fiscal Year 1993 
     (Public Law 102-484; 20 U.S.C. 7703 note) is repealed.

     SEC. 573. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

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

     SEC. 574. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF OF 
                   DEPENDENTS OF CERTAIN MEMBERS DESPITE CHANGE IN 
                   STATUS OF MEMBER.

       (a) Special Rule.--For purposes of computing the amount of 
     a payment for an eligible local educational agency under 
     subsection (a) of section 8003 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7703) for school 
     year 2005-2006, the Secretary of Education shall continue to 
     count as a child enrolled in a school of such agency under 
     such subsection any child who--
       (1) would be counted under paragraph (1)(B) of such 
     subsection to determine the number of children who were in 
     average daily attendance in the school; but
       (2) due to the deployment of both parents or legal 
     guardians of the child, the deployment of a parent or legal 
     guardian having sole custody of the child, or the death of a 
     military parent or legal guardian while on active duty (so 
     long as the child resides on Federal property (as defined in 
     section 8013(5) of such Act (20 U.S.C. 7713(5))), is not 
     eligible to be so counted.
       (b) Termination.--The special rule provided under 
     subsection (a) applies only so long as the children covered 
     by such subsection remain in average daily attendance at a 
     school in the same local educational agency they attended 
     before their change in eligibility status.
                   Subtitle H--Decorations and Awards

     SEC. 576. ELIGIBILITY FOR OPERATION ENDURING FREEDOM CAMPAIGN 
                   MEDAL.

       For purposes of eligibility for the campaign medal for 
     Operation Enduring Freedom established pursuant to Public Law 
     108-234 (10 U.S.C. 1121 note), the beginning date of 
     Operation Enduring Freedom is September 11, 2001.
                Subtitle I--Consumer Protection Matters

     SEC. 577. REQUIREMENT FOR REGULATIONS ON POLICIES AND 
                   PROCEDURES ON PERSONAL COMMERCIAL SOLICITATIONS 
                   ON DEPARTMENT OF DEFENSE INSTALLATIONS.

       (a) Requirement.--As soon as practicable after the date of 
     the enactment of this Act, and not later than March 31, 2006, 
     the Secretary of Defense shall prescribe regulations, or 
     modify existing regulations, on the policies and procedures 
     relating to personal commercial solicitations, including the 
     sale of life insurance and securities, on Department of 
     Defense installations.
       (b) Repeal of Superseded Limitations.--The following 
     provisions of law are repealed:
       (1) Section 586 of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1493).
       (2) Section 8133 of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 
     1002).

     SEC. 578. CONSUMER EDUCATION FOR MEMBERS OF THE ARMED FORCES 
                   AND THEIR SPOUSES ON INSURANCE AND OTHER 
                   FINANCIAL SERVICES.

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

     ``Sec. 992. Consumer education: financial services

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

[[Page H12780]]

       ``(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) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first month that 
     begins more than 120 days after the date of the enactment of 
     this Act.

     SEC. 579. REPORT ON PREDATORY LENDING PRACTICES DIRECTED AT 
                   MEMBERS OF THE ARMED FORCES AND THEIR 
                   DEPENDENTS.

       (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 appropriate committees of Congress a 
     report on predatory lending practices directed at members of 
     the Armed Forces and their families. The report shall be 
     prepared in consultation with the Secretary of the Treasury, 
     the Chairman of the Federal Reserve, the Chairman of the 
     Federal Deposit Insurance Corporation, and representatives of 
     military charity organizations and consumer organizations.
       (b) Elements.--The report under subsection (a) shall 
     include the following:
       (1) A description of the prevalence of predatory lending 
     practices directed at members of the Armed Forces and their 
     families.
       (2) An assessment of the effects of predatory lending 
     practices on members of the Armed Forces and their families.
       (3) A description of the strategy of the Department of 
     Defense, and of any current or planned programs of the 
     Department, to educate members of the Armed Forces and their 
     families regarding predatory lending practices.
       (4) A description of the strategy of the Department of 
     Defense, and of any current or planned programs of the 
     Department, to reduce or eliminate--
       (A) the prevalence of predatory lending practices directed 
     at members of the Armed Forces and their families; and
       (B) the negative effect of such practices on members of the 
     Armed Forces and their families.
       (5) Recommendations for additional legislative and 
     administrative action to reduce or eliminate predatory 
     lending practices directed at members of the Armed Forces and 
     their families.
       (c) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Financial Services of the House of Representatives.
       (2) The term ``predatory lending practice'' means an unfair 
     or abusive loan or credit sale transaction or collection 
     practice.
          Subtitle J--Reports and Sense of Congress Statements

     SEC. 581. REPORT ON NEED FOR A PERSONNEL PLAN FOR LINGUISTS 
                   IN THE ARMED FORCES.

       (a) Need Assessment.--The Secretary of Defense shall review 
     the career tracks of members of the Armed Forces who are 
     linguists in an effort to improve the management of linguists 
     (in enlisted grades or officer grades, or both) and to assist 
     them in reaching their full linguistic and analytical 
     potential over a 20-year career. As part of such review, the 
     Secretary shall assess the need for a comprehensive plan to 
     better manage the careers of military linguists (in enlisted 
     grades or officer grades, or both) and to ensure that such 
     linguists have an opportunity to progress in grade and are 
     provided opportunities to enhance their language and cultural 
     skills. As part of the review, the Secretary shall consider 
     personnel management methods such as enhanced bonuses, 
     immersion opportunities, specialized career fields, 
     establishment of a dedicated career path for linguists, and 
     career monitoring to ensure career progress for linguists 
     serving in duty assignments that are not linguist related.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Committees on Armed Services of the Senate and House 
     of Representatives a report on the review and assessment 
     conducted under subsection (a). The report shall include the 
     findings, results, and conclusions of the Secretary's review 
     and assessment of the careers of officer and enlisted 
     linguists in the Armed Forces and the need for a 
     comprehensive plan to ensure effective career management of 
     linguists.

     SEC. 582. SENSE OF CONGRESS THAT COLLEGES AND UNIVERSITIES 
                   GIVE EQUAL ACCESS TO MILITARY RECRUITERS AND 
                   ROTC IN ACCORDANCE WITH THE SOLOMON AMENDMENT 
                   AND REQUIREMENT FOR REPORT TO CONGRESS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) any college or university that discriminates against 
     ROTC programs or military recruiters should be denied certain 
     Federal taxpayer support, especially funding for many 
     military and defense programs; and
       (2) universities and colleges that receive Federal funds 
     should provide military recruiters access to college campuses 
     and to college students equal in quality and scope to that 
     provided all other employers.
       (b) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a report on the colleges and 
     universities that are denying equal access to military 
     recruiters and ROTC programs.

     SEC. 583. SENSE OF CONGRESS CONCERNING STUDY OF OPTIONS FOR 
                   PROVIDING HOMELAND DEFENSE EDUCATION.

       It is the sense of Congress that--
       (1) the Secretary of Defense, in consultation with the 
     Secretary of Homeland Security, should study the options 
     among public and private educational institutions and 
     facilities (including an option of using the National Defense 
     University) for providing strategic-level homeland defense 
     education and related research opportunities to civilian and 
     military leaders from all agencies of government in order to 
     contribute to the development of a common understanding of 
     core homeland defense principles and of effective interagency 
     homeland defense strategies, policies, doctrines, and 
     processes; and
       (2) the results of such consultation and study should be 
     reported to the Committee on Armed Services of the House of 
     Representatives and the Committee on Armed Services of the 
     Senate, together with such recommendations as the Secretary 
     considers appropriate, including a request for any 
     implementing legislation that would contribute to the 
     development of strategic-level homeland defense education.

     SEC. 584. SENSE OF CONGRESS RECOGNIZING THE DIVERSITY OF THE 
                   MEMBERS OF THE ARMED FORCES SERVING IN 
                   OPERATION IRAQI FREEDOM AND OPERATION ENDURING 
                   FREEDOM AND HONORING THEIR SACRIFICES AND THE 
                   SACRIFICES OF THEIR FAMILIES.

       (a) Findings.--Congress finds the following:
       (1) Thousands of members of the United States Armed Forces 
     who come from a variety of ethnic and racial backgrounds have 
     served, and are serving, in Operation Iraqi Freedom and 
     Operation Enduring Freedom to defend the cause of freedom, 
     democracy, and liberty. Many have been killed, wounded, or 
     seriously injured.
       (2) Diversity is an essential part of the strength of the 
     Armed Forces, in which members having different ethnic and 
     racial backgrounds share the goal of defending the cause of 
     freedom, democracy, and liberty.
       (3) The Armed Forces are representative of the diverse 
     culture and backgrounds that make the United States a great 
     nation.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States should--
       (1) recognize and celebrate the diversity of the members of 
     the Armed Forces; and
       (2) recognize and honor the sacrifices being made by the 
     members of the Armed Forces and their families in the global 
     war on terrorism.
                       Subtitle K--Other Matters

     SEC. 589. EXPANSION AND ENHANCEMENT OF AUTHORITY TO PRESENT 
                   RECOGNITION ITEMS FOR RECRUITMENT AND RETENTION 
                   PURPOSES.

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

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

       ``(a) Expenditures for Recognition Items.--Under 
     regulations prescribed by the Secretary of Defense, 
     appropriated funds may be expended--
       ``(1) to procure recognition items of nominal or modest 
     value for recruitment or retention purposes; and
       ``(2) to present such items--
       ``(A) to members of the armed forces; and
       ``(B) to members of the families of members of the armed 
     forces, and other individuals, recognized as providing 
     support that substantially facilitates service in the armed 
     forces.
       ``(b) Provision of Meals and Refreshments.--For purposes of 
     section 520c of this title and any regulation prescribed to 
     implement that section, functions conducted for the purpose 
     of presenting recognition items described in subsection (a) 
     shall be treated as recruiting functions, and recipients of 
     such items shall be treated as persons who are the objects of 
     recruiting efforts.
       ``(c) Recognition Items of Nominal or Modest Value.--In 
     this section, the term `recognition item of nominal or modest 
     value' means a commemorative coin, medal, trophy, badge, 
     flag, poster, painting, or other similar item that is valued 
     at less than $50 per item and is designed to recognize or 
     commemorate service in the armed forces.
       ``(d) Termination of Authority.--The authority under this 
     section shall expire December 31, 2007.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of subchapter II of chapter 134 of such title is 
     amended by adding at the end the following new item:

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

       (b) Repeal of Superseded Authorities.--
       (1) Army reserve.--Section 18506 of title 10, United States 
     Code, is repealed. The table of sections at the beginning of 
     chapter 1805 of such title is amended by striking the item 
     relating to such section.
       (2) National guard.--Section 717 of title 32, United States 
     Code, is repealed. The table of sections at the beginning of 
     chapter 7 of such title is amended by striking the item 
     relating to such section.

     SEC. 590. EXTENSION OF DATE OF SUBMITTAL OF REPORT OF 
                   VETERANS' DISABILITY BENEFITS COMMISSION.

       Section 1503 of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1678; 38 
     U.S.C. 1101 note) is amended by striking ``Not later than 15 
     months after the date on which the commission first meets,'' 
     and inserting ``Not later than October 1, 2007,''.

[[Page H12781]]

     SEC. 591. 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) A communication plan to ensure that the policy 
     described in subsection (c) is understood by recruiting 
     officials of all the Armed Forces, to include field 
     recruiters at the lowest level of command.
       (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 under 
     subsection (a), the Secretary of Defense shall prescribe a 
     single set of criteria to be used by the Armed Forces in 
     determining whether an individual is a graduate of home 
     schooling. The Secretary concerned shall ensure compliance 
     with education credential coding requirements.
       (d) Secretary Concerned Defined.--In this section, the term 
     ``Secretary concerned'' has the meaning given such term in 
     section 101(a)(9) of title 10, United States Code.

     SEC. 592. MODIFICATION OF REQUIREMENT FOR CERTAIN 
                   INTERMEDIARIES UNDER CERTAIN AUTHORITIES 
                   RELATING TO ADOPTIONS.

       (a) Reimbursement for Adoption Expenses.--Section 
     1052(g)(1) of title 10, United States Code, is amended by 
     inserting ``or other source authorized to place children for 
     adoption under State or local law'' after ``qualified 
     adoption agency''.
       (b) Treatment as Children for Medical and Dental Care 
     Purposes.--Section 1072(6)(D)(i) of such title is amended by 
     inserting ``, or by any other source authorized by State or 
     local law to provide adoption placement,'' after 
     ``(recognized by the Secretary of Defense)''.

     SEC. 593. ADOPTION LEAVE FOR MEMBERS OF THE ARMED FORCES 
                   ADOPTING CHILDREN.

       (a) Leave Authorized.--Section 701 of title 10, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(i)(1) Under regulations prescribed by the Secretary of 
     Defense, a member of the armed forces adopting a child in a 
     qualifying child adoption is allowed up to 21 days of leave 
     in a calendar year to be used in connection with the 
     adoption.
       ``(2) For the purpose of this subsection, an adoption of a 
     child by a member is a qualifying child adoption if the 
     member is eligible for reimbursement of qualified adoption 
     expenses for such adoption under section 1052 of this title.
       ``(3) In the event that two members of the armed forces who 
     are married to each other adopt a child in a qualifying child 
     adoption, only one such member shall be allowed leave under 
     this subsection.
       ``(4) Leave under paragraph (1) is in addition to other 
     leave provided under other provisions of this section.''.
       (b) Effective Date.--Subsection (i) of section 701 of title 
     10, United States Code (as added by subsection (a)), shall 
     take effect on January 1, 2006, and shall apply only with 
     respect to adoptions completed on or after that date.

     SEC. 594. ADDITION OF INFORMATION TO BE COVERED IN MANDATORY 
                   PRESEPARATION COUNSELING.

       Section 1142(b) of title 10, United States Code, is 
     amended--
       (1) in paragraph (4), by striking ``(4) Information 
     concerning'' and inserting the following:
       ``(4) Provision of information on civilian occupations and 
     related assistance programs, including information 
     concerning--
       ``(A) certification and licensure requirements that are 
     applicable to civilian occupations;
       ``(B) civilian occupations that correspond to military 
     occupational specialties; and
       ``(C)''; and
       (2) by adding at the end the following:
       ``(11) Information concerning the availability of mental 
     health services and the treatment of post-traumatic stress 
     disorder, anxiety disorders, depression, suicidal ideations, 
     or other mental health conditions associated with service in 
     the armed forces.
       ``(12) Information concerning the priority of service for 
     veterans in the receipt of employment, training, and 
     placement services provided under qualified job training 
     programs of the Department of Labor.
       ``(13) Information concerning veterans small business 
     ownership and entrepreneurship programs of the Small Business 
     Administration and the National Veterans Business Development 
     Corporation.
       ``(14) Information concerning employment and reemployment 
     rights and obligations under chapter 43 of title 38.
       ``(15) Information concerning veterans preference in 
     federal employment and federal procurement opportunities.
       ``(16) Contact information for housing counseling 
     assistance.
       ``(17) A description, developed in consultation with the 
     Secretary of Veterans Affairs, of health care and other 
     benefits to which the member may be entitled under the laws 
     administered by the Secretary of Veterans Affairs.''.

     SEC. 595. REPORT ON TRANSITION ASSISTANCE PROGRAMS.

       (a) Report Required.--Not later than May 1, 2006, the 
     Secretary of Defense shall submit to Congress a report on the 
     actions taken, including those actions taken pursuant to the 
     recommendations in the May 2005 report of the Comptroller 
     General submitted to Congress pursuant to section 598 of the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1939), to 
     ensure that the Transition Assistance Programs for members of 
     the Armed Forces separating from the Armed Forces (including 
     members of the regular components of the Armed Forces and 
     members of the reserve components of the Armed Forces) 
     function effectively to provide such members with timely and 
     comprehensive transition assistance when separating from the 
     Armed Forces. The report under this section shall be prepared 
     in consultation with the Secretary of Labor and the Secretary 
     of Veterans Affairs.
       (b) Focus on Particular Members.--The report required by 
     subsection (a) shall include particular attention to the 
     actions taken with respect to the Transition Assistance 
     Programs to assist the following members of the Armed Forces:
       (1) Members deployed to Operation Iraqi Freedom.
       (2) Members deployed to Operation Enduring Freedom.
       (3) Members deployed to or in support of other contingency 
     operations.
       (4) Members of the National Guard activated under the 
     provisions of title 32, United States Code, in support of 
     relief efforts for Hurricane Katrina and Hurricane Rita.

     SEC. 596. IMPROVEMENT TO DEPARTMENT OF DEFENSE CAPACITY TO 
                   RESPOND TO SEXUAL ASSAULT AFFECTING MEMBERS OF 
                   THE ARMED FORCES.

       (a) Plan for System to Track Cases in Which Care or 
     Prosecution Hindered by Lack of Availability.--
       (1) Plan required.--The Secretary of Defense shall develop 
     and implement a system to track cases under the jurisdiction 
     of the Department of Defense in which care to a victim of 
     rape or sexual assault, or the investigation or prosecution 
     of an alleged perpetrator of rape or sexual assault, is 
     hindered by the lack of availability of a rape kit or other 
     needed supplies or by the lack of timely access to 
     appropriate laboratory testing resources.
       (2) Submittal to congressional committees.--The Secretary 
     shall submit the plan developed under paragraph (1) to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives not later 
     than 120 days after the date of the enactment of this Act.
       (b) Accessibility Plan for Deployed Units.--
       (1) Plan required.--The Secretary of Defense shall develop 
     and implement a plan for ensuring accessibility and 
     availability of supplies, trained personnel, and 
     transportation resources for responding to sexual assaults 
     occurring in deployed units. The plan shall include the 
     following:
       (A) A plan for the training of personnel who are considered 
     to be ``first responders'' to sexual assaults (including 
     criminal investigators, medical personnel responsible for 
     rape kit evidence collection, and victims advocates), such 
     training to include current techniques on the processing of 
     evidence, including rape kits, and on conducting 
     investigations.
       (B) A plan for ensuring the availability at military 
     hospitals of supplies needed for the treatment of victims of 
     sexual assault who present at a military hospital, including 
     rape kits, equipment for processing rape kits, and supplies 
     for testing and treatment for sexually transmitted infections 
     and diseases, including HIV, and for testing for pregnancy.
       (2) Submittal to congressional committees.--The Secretary 
     shall submit the plan developed under paragraph (1) to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives not later 
     than 120 days after the date of the enactment of this Act.
       (c) Additional Matters for Annual Report on Sexual 
     Assaults.--Section 577(f)(2) of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (Public Law 
     108-375; 118 Stat. 1927; 10 U.S.C. 113 note) is amended--
       (1) by redesignating subparagraph (D) as subparagraph (G); 
     and
       (2) by inserting after subparagraph (C) the following new 
     subparagraphs:
       ``(D) A description of the implementation during the year 
     covered by the report of the tracking system implemented 
     pursuant to section 596(a) of the National Defense 
     Authorization Act for Fiscal Year 2006, including information 
     collected on cases during that year in which care to a victim 
     of rape or sexual assault was hindered by the lack of 
     availability of a rape kit or other needed supplies or by the 
     lack of timely access to appropriate laboratory testing 
     resources.
       ``(E) A description of the implementation during the year 
     covered by the report of the accessibility plan implemented 
     pursuant to section 596(b) of the National Defense 
     Authorization Act for Fiscal Year 2006, including a 
     description of the steps taken during that year to provide 
     that trained personnel, appropriate supplies, and 
     transportation resources are accessible to deployed units in 
     order to provide an appropriate and timely response in any 
     case of reported sexual assault in a deployed unit.

[[Page H12782]]

       ``(F) A description of the required supply inventory, 
     location, accessibility, and availability of supplies, 
     trained personnel, and transportation resources needed, and 
     in fact in place, in order to be able to provide an 
     appropriate and timely response in any case of reported 
     sexual assault in a deployed unit.''.

     SEC. 597. AUTHORITY FOR APPOINTMENT OF COAST GUARD FLAG 
                   OFFICER AS CHIEF OF STAFF TO THE PRESIDENT.

       (a) Authority.--Chapter 3 of title 14, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 54. Chief of staff to President: appointment

       ``The President, by and with the advice and consent of the 
     Senate, may appoint a flag officer of the Coast Guard as the 
     Chief of Staff to the President.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``54. Chief of Staff to President: appointment.''.

     SEC. 598. PRAYER AT MILITARY SERVICE ACADEMY ACTIVITIES.

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

     SEC. 599. MODIFICATION OF AUTHORITY TO MAKE MILITARY WORKING 
                   DOGS AVAILABLE FOR ADOPTION.

       (a) Administration of Authority by Secretaries of Military 
     Departments.--Subsection (a) of section 2583 of title 10, 
     United States Code, is amended--
       (1) by striking ``Secretary of Defense may'' and inserting 
     ``Secretary of the military department concerned may''; and
       (2) by striking ``the Department of Defense'' and inserting 
     ``such military department''.
       (b) Authority to Make Dogs Available for Adoption Before 
     End of Useful Working Life.--Such subsection is further 
     amended by striking ``at the end'' and all that follows and 
     inserting ``, unless the dog has been determined to be 
     unsuitable for adoption under subsection (b), under 
     circumstances as follows:
       ``(1) At the end of the dog's useful working life.
       ``(2) Before the end of the dog's useful working life, if 
     such Secretary, in such Secretary's discretion, determines 
     that unusual or extraordinary circumstances justify making 
     the dog available for adoption before that time.
       ``(3) When the dog is otherwise excess to the needs of such 
     military department.''.
       (c) Clarification of Reporting Requirement.--Subsection (f) 
     of such section is amended by inserting ``of Defense'' after 
     ``Secretary''.
       (d) Conforming and Clerical Amendments.--The heading of 
     such section, and the item relating to such section in the 
     table of sections at the beginning of chapter 153 of such 
     title, are each amended by striking the last six words.
          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2006.
Sec. 602. Additional pay for permanent military professors at United 
              States Naval Academy with over 36 years of service.
Sec. 603. Basic pay rates for reserve component members selected to 
              attend military service academy preparatory schools.
Sec. 604. Clarification of restriction on compensation for 
              correspondence courses.
Sec. 605. Enhanced authority for agency contributions for members of 
              the Armed Forces participating in the Thrift Savings 
              Plan.
Sec. 606. Pilot program on contributions to Thrift Savings Plan for 
              initial enlistees in the Army.
Sec. 607. Prohibition against requiring certain injured members to pay 
              for meals provided by military treatment facilities.
Sec. 608. Permanent authority for supplemental subsistence allowance 
              for low-income members with dependents.
Sec. 609. Increase in basic allowance for housing and extension of 
              temporary lodging expenses authority for areas subject to 
              major disaster declaration or for installations 
              experiencing sudden increase in personnel levels.
Sec. 610. Basic allowance for housing for reserve component members.
Sec. 611. Permanent increase in length of time dependents of certain 
              deceased members may continue to occupy military family 
              housing or receive basic allowance for housing.
Sec. 612. Overseas cost of living allowance.
Sec. 613. Allowance to cover portion of monthly deduction from basic 
              pay for Servicemembers' Group Life Insurance coverage for 
              members serving in Operation Enduring Freedom or 
              Operation Iraqi Freedom.
Sec. 614. Income replacement payments for Reserves experiencing 
              extended and frequent mobilization for active duty 
              service.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 621. Extension or resumption of certain bonus and special pay 
              authorities for reserve forces.
Sec. 622. Extension of certain bonus and special pay authorities for 
              certain health care professionals.
Sec. 623. Extension of special pay and bonus authorities for nuclear 
              officers.
Sec. 624. Extension of other bonus and special pay authorities.
Sec. 625. Eligibility of oral and maxillofacial surgeons for incentive 
              special pay.
Sec. 626. Eligibility of dental officers for additional special pay.
Sec. 627. Increase in maximum monthly rate authorized for hardship duty 
              pay.
Sec. 628. Flexible payment of assignment incentive pay.
Sec. 629. Active-duty reenlistment bonus.
Sec. 630. Reenlistment bonus for members of the Selected Reserve.
Sec. 631. Consolidation and modification of bonuses for affiliation or 
              enlistment in the Selected Reserve.
Sec. 632. Expansion and enhancement of special pay for enlisted members 
              of the Selected Reserve assigned to certain high priority 
              units.
Sec. 633. Eligibility requirements for prior service enlistment bonus.
Sec. 634. Increase and enhancement of affiliation bonus for officers of 
              the Selected Reserve.
Sec. 635. Increase in authorized maximum amount of enlistment bonus.
Sec. 636. Discretion of Secretary of Defense to authorize retroactive 
              hostile fire and imminent danger pay.
Sec. 637. Increase in maximum bonus amount for nuclear-qualified 
              officers extending period of active duty.
Sec. 638. Increase in maximum amount of nuclear career annual incentive 
              bonus for nuclear-qualified officers trained while 
              serving as enlisted members.
Sec. 639. Uniform payment of foreign language proficiency pay to 
              eligible reserve component members and regular component 
              members.
Sec. 640. Retention bonus for members qualified in certain critical 
              skills or assigned to high priority units.
Sec. 641. Incentive bonus for transfer between Armed Forces.
Sec. 642. Availability of special pay for members during rehabilitation 
              from wounds, injuries, and illnesses incurred in a combat 
              operation or combat zone.
Sec. 643. Pay and benefits to facilitate voluntary separation of 
              targeted members of the Armed Forces.
Sec. 644. Ratification of payment of critical-skills accession bonus 
              for persons enrolled in Senior Reserve Officers' Training 
              Corps obtaining nursing degrees.
Sec. 645. Temporary authority to pay bonus to encourage members of the 
              Army to refer other persons for enlistment in the Army.

            Subtitle C--Travel and Transportation Allowances

Sec. 651. Authorized absences of members for which lodging expenses at 
              temporary duty location may be paid.
Sec. 652. Extended period for selection of home for travel and 
              transportation allowances for dependents of deceased 
              members.
Sec. 653. Transportation of family members in connection with the 
              repatriation of members held captive.
Sec. 654. Increased weight allowances for shipment of household goods 
              of senior noncommissioned officers.
Sec. 655. Permanent authority to provide travel and transportation 
              allowances for family members to visit hospitalized 
              members of the Armed Forces injured in combat operation 
              or combat zone.

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 661. Monthly disbursement to States of State income tax withheld 
              from retired or retainer pay.
Sec. 662. Denial of certain burial-related benefits for individuals who 
              committed a capital offense.
Sec. 663. Concurrent receipt of veterans' disability compensation and 
              military retired pay.
Sec. 664. Additional amounts of death gratuity for survivors of certain 
              members of the Armed Forces dying on active duty.
Sec. 665. Child support for certain minor children of retirement-
              eligible members convicted of domestic violence resulting 
              in death of child's other parent.
Sec. 666. Comptroller General report on actuarial soundness of the 
              Survivor Benefit Plan.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality 
                                Benefits

Sec. 671. Increase in authorized level of supplies and services 
              procurement from overseas exchange stores.
Sec. 672. Requirements for private operation of commissary store 
              functions.
Sec. 673. Provision of and payment for overseas transportation services 
              for commissary and exchange supplies and products.
Sec. 674. Compensatory time off for certain nonappropriated fund 
              employees.
Sec. 675. Rest and recuperation leave programs.

[[Page H12783]]

                       Subtitle F--Other Matters

Sec. 681. Temporary Army authority to provide additional recruitment 
              incentives.
Sec. 682. Clarification of leave accrual for members assigned to a 
              deployable ship or mobile unit or other duty.
Sec. 683. Expansion of authority to remit or cancel indebtedness of 
              members of the Armed Forces incurred on active duty.
Sec. 684. Loan repayment program for chaplains in the Selected Reserve.
Sec. 685. Inclusion of Senior Enlisted Advisor for the Chairman of the 
              Joint Chiefs of Staff among senior enlisted members of 
              the Armed Forces.
Sec. 686. Special and incentive pays considered for saved pay upon 
              appointment of members as officers.
Sec. 687. Repayment of unearned portion of bonuses, special pays, and 
              educational benefits.
Sec. 688. Rights of members of the Armed Forces and their dependents 
              under Housing and Urban Development Act of 1968.
Sec. 689. Extension of eligibility for SSI for certain individuals in 
              families that include members of the Reserve and National 
              Guard.
Sec. 690. Information for members of the Armed Forces and their 
              dependents on rights and protections of the 
              Servicemembers Civil Relief Act.
                     Subtitle A--Pay and Allowances

     SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2006.

       (a) Waiver of Section 1009 Adjustment.--The adjustment to 
     become effective during fiscal year 2006 required by section 
     1009 of title 37, United States Code, in the rates of monthly 
     basic pay authorized members of the uniformed services shall 
     not be made.
       (b) Increase in Basic Pay.--Effective on January 1, 2006, 
     the rates of monthly basic pay for members of the uniformed 
     services are increased by 3.1 percent.

     SEC. 602. ADDITIONAL PAY FOR PERMANENT MILITARY PROFESSORS AT 
                   UNITED STATES NAVAL ACADEMY WITH OVER 36 YEARS 
                   OF SERVICE.

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

     SEC. 603. BASIC PAY RATES FOR RESERVE COMPONENT MEMBERS 
                   SELECTED TO ATTEND MILITARY SERVICE ACADEMY 
                   PREPARATORY SCHOOLS.

       Section 203(e)(2) of title 37, United States Code, is 
     amended--
       (1) by striking ``on active duty for a period of more than 
     30 days shall continue to receive'' and inserting ``shall 
     receive''; and
       (2) by inserting before the period at the end the 
     following: ``or at the rate provided for cadets and 
     midshipmen under subsection (c), whichever is greater''.

     SEC. 604. CLARIFICATION OF RESTRICTION ON COMPENSATION FOR 
                   CORRESPONDENCE COURSES.

       Section 206(d)(1) of title 37, United States Code, is 
     amended by inserting after ``reserve component'' the 
     following: ``or by a member of the National Guard while not 
     in Federal service''.

     SEC. 605. ENHANCED AUTHORITY FOR AGENCY CONTRIBUTIONS FOR 
                   MEMBERS OF THE ARMED FORCES PARTICIPATING IN 
                   THE THRIFT SAVINGS PLAN.

       (a) Authority to Make Contributions for Certain First-Time 
     Enlistees.--Subsection (d) of section 211 of title 37, United 
     States Code, is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by inserting ``(i)'' after 
     ``(A)'';
       (B) by redesignating subparagraph (B) as clause (ii) of 
     subparagraph (A) and, in such clause, by striking the period 
     at the end and inserting ``; or''; and
       (C) by adding at the end the following new subparagraph 
     (B):
       ``(B) is enlisting in the armed forces for the first time 
     and the period of the member's enlistment is not less than 
     two years.'';
       (2) in paragraph (2), by striking ``paragraph (1)'' the 
     first place it appears and inserting ``paragraph (1)(A)'';
       (3) by designating the second sentence of paragraph (2) as 
     paragraph (4) and, in such paragraph, by striking ``this 
     paragraph'' and inserting ``this subsection''; and
       (4) by inserting before such paragraph (4) the following 
     new paragraph:
       ``(3) In the case of a member described by paragraph 
     (1)(B), the Secretary shall make contributions to the Fund 
     for the benefit of the member for each pay period of the 
     enlistment of the member described in that paragraph for 
     which the member makes a contribution to the Fund under 
     section 8440e of title 5 (other than under subsection (d)(2) 
     thereof).''.
       (b) Clerical Amendment.--Such subsection is further amended 
     by inserting ``and First-Time Enlistees'' after 
     ``Specialties''.

     SEC. 606. PILOT PROGRAM ON CONTRIBUTIONS TO THRIFT SAVINGS 
                   PLAN FOR INITIAL ENLISTEES IN THE ARMY.

       (a) Pilot Program Required.--During fiscal year 2006, the 
     Secretary of the Army shall use the authority provided by 
     section 211(d)(1)(B) of title 10, United States Code, as 
     amended by section 605, to carry out within the Army a pilot 
     program in order to assess the extent to which contributions 
     by the Secretary to the Thrift Savings Fund on behalf of 
     members of the Army described in subsection (b) would--
       (1) assist the Army in recruiting efforts; and
       (2) assist such members in establishing habits of financial 
     responsibility during their initial enlistment in the Armed 
     Forces.
       (b) Covered Members.--To be eligible to participate in the 
     pilot program under subsection (a), a member of the Army must 
     be serving under an initial enlistment for a period of not 
     less than two years.
       (c) Contributions to Thrift Savings Fund.--
       (1) In general.--The Secretary of the Army may make 
     contributions to the Thrift Savings Fund on behalf of any 
     participant in the pilot program under subsection (a) for any 
     pay period during the period of the pilot program.
       (2) Limitations.--The amount of any contributions made with 
     respect to a member under paragraph (1) shall be subject to 
     the provisions of section 8432(c) of title 5, United States 
     Code.
       (d) Report.--
       (1) In general.--Not later than February 1, 2007, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the pilot program under 
     subsection (a).
       (2) Elements.--The report shall include the following:
       (A) A description of the pilot program, including the 
     number of members of the Army who participated in the pilot 
     program and the contributions made by the Army to the Thrift 
     Savings Fund on behalf of such members during the period of 
     the pilot program.
       (B) An assessment, based on the pilot program and taking 
     into account the views of officers and senior enlisted 
     personnel of the Army, and of field recruiters, of the extent 
     to which contributions by the military departments to the 
     Thrift Savings Fund on behalf of members of the Armed Forces 
     similar to the participants in the pilot program--
       (i) would enhance the recruiting efforts of the Armed 
     Forces; and
       (ii) would assist such members in establishing habits of 
     financial responsibility during their initial enlistment in 
     the Armed Forces.

     SEC. 607. PROHIBITION AGAINST REQUIRING CERTAIN INJURED 
                   MEMBERS TO PAY FOR MEALS PROVIDED BY MILITARY 
                   TREATMENT FACILITIES.

       (a) Temporary Prohibition.--Section 402 of title 37, United 
     States Code, is amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g) the following new 
     subsection:
       ``(h) No Payment for Meals Received at Military Treatment 
     Facilities.--(1) A member of the armed forces who is 
     undergoing medical recuperation or therapy, or is otherwise 
     in the status of continuous care, including outpatient care, 
     at a military treatment facility for an injury, illness, or 
     disease described in paragraph (2) shall not be required to 
     pay any charge for meals provided to the member by the 
     military treatment facility during any month covered by 
     paragraph (3) in which the member is entitled to a basic 
     allowance for subsistence under this section.
       ``(2) Paragraph (1) applies with respect to an injury, 
     illness, or disease incurred or aggravated by a member while 
     the member was serving on active duty--
       ``(A) in support of Operation Iraqi Freedom or Operation 
     Enduring Freedom; or
       ``(B) in any other operation designated by the Secretary of 
     Defense as a combat operation or in an area designated by the 
     Secretary as a combat zone.
       ``(3) This subsection shall apply to months beginning 
     during the period beginning on October 1, 2005, and ending on 
     December 31, 2006.''.
       (b) Repeal of Temporary Authority.--Section 1023 of 
     division A of the Emergency Supplemental Appropriations Act 
     for Defense, the Global War on Terror, and Tsunami Relief, 
     2005 (Public Law 109-13), is repealed.

     SEC. 608. PERMANENT AUTHORITY FOR SUPPLEMENTAL SUBSISTENCE 
                   ALLOWANCE FOR LOW-INCOME MEMBERS WITH 
                   DEPENDENTS.

       (a) Repeal of Termination Provision.--Section 402a of title 
     37, United States Code, is amended by striking subsection 
     (i).
       (b) Technical and Conforming Amendments.--Subsection (f) of 
     such section is amended--
       (1) in the first sentence, by striking ``Secretary of 
     Transportation'' and inserting ``Secretary of Homeland 
     Security, with respect to the Coast Guard''; and
       (2) by striking the second sentence.

     SEC. 609. INCREASE IN BASIC ALLOWANCE FOR HOUSING AND 
                   EXTENSION OF TEMPORARY LODGING EXPENSES 
                   AUTHORITY FOR AREAS SUBJECT TO MAJOR DISASTER 
                   DECLARATION OR FOR INSTALLATIONS EXPERIENCING 
                   SUDDEN INCREASE IN PERSONNEL LEVELS.

       (a) Temporary Basic Allowance for Housing Increase 
     Authorized.--Section 403(b) of title 37, United States Code, 
     is amended by adding at the end the following new paragraph:
       ``(7)(A) Under the authority of this paragraph, the 
     Secretary of Defense may prescribe a temporary increase in 
     the rates of basic allowance for housing otherwise prescribed 
     for a military housing area or a portion of a military 
     housing area if the military housing area or portion 
     thereof--
       ``(i) is located in an area covered by a declaration by the 
     President under section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
     that a major disaster exists; or
       ``(ii) contains one or more military installations that are 
     experiencing a sudden increase in the number of members of 
     the armed forces assigned to the installation.
       ``(B) The Secretary of Defense shall base the amount of the 
     increase to be made in the rates of basic allowance for 
     housing for an area on a determination by the Secretary of 
     the amount by which the costs of adequate housing for 
     civilians have increased in the area by reason of the

[[Page H12784]]

     disaster or the influx of military personnel, except that the 
     increase may not exceed the amount equal to 20 percent of the 
     rate of basic allowance for housing otherwise prescribed for 
     the area.
       ``(C) A member may be paid a basic allowance for housing at 
     a rate increased under this paragraph only if the member 
     certifies to the Secretary concerned that the member has 
     incurred increased housing costs in the area by reason of the 
     disaster or the influx of military personnel.
       ``(D) Subject to subparagraph (E), an increase in the rates 
     of basic allowance for housing in an area under this 
     paragraph shall remain in effect until the effective date of 
     the first adjustment in rates of basic allowance for housing 
     made for the area pursuant to a redetermination of housing 
     costs in the area under this subsection that occurs after the 
     date of the increase under this paragraph.
       ``(E) An increase in the rates of basic allowance for 
     housing for an area may not be prescribed under this 
     paragraph or continue after December 31, 2008.''.
       (b) Temporary Extension of Temporary Lodging Expenses 
     Authority.--Section 404a(c) of such title is amended by 
     adding at the end the following new paragraph:
       ``(3) Whenever the conditions described in clause (i) or 
     (ii) of subparagraph (A) of section 403(b)(7) of this title 
     exist for a military housing area or portion thereof, the 
     Secretary concerned may increase the period for which 
     subsistence expenses are to be paid or reimbursed under this 
     section in the case of a change of permanent station 
     described in subparagraph (A) or (C) of subsection (a)(2) in 
     the same military housing area or portion thereof to a 
     maximum of 20 days.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to months beginning on or after 
     September 1, 2005.

     SEC. 610. BASIC ALLOWANCE FOR HOUSING FOR RESERVE COMPONENT 
                   MEMBERS.

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

     SEC. 611. PERMANENT INCREASE IN LENGTH OF TIME DEPENDENTS OF 
                   CERTAIN DECEASED MEMBERS MAY CONTINUE TO OCCUPY 
                   MILITARY FAMILY HOUSING OR RECEIVE BASIC 
                   ALLOWANCE FOR HOUSING.

       Effective immediately after the termination, pursuant to 
     subsection (b) of section 1022 of Public Law 109-13 (119 
     Stat. 251) and section 124 of Public Law 109-77 (119 Stat. 
     2041), of the amendments made by subsection (a) of such 
     section 1022, section 403(l) of title 37, United States Code, 
     is amended by striking ``180 days'' each place it appears and 
     inserting ``365 days''.

     SEC. 612. OVERSEAS COST OF LIVING ALLOWANCE.

       (a) Payment of Allowance Based on Overseas Location of 
     Dependents.--Section 405 of title 37, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(e) Payment of Allowance Based on Overseas Location of 
     Dependents.--In the case of a member assigned to duty inside 
     the continental United States whose dependents continue to 
     reside outside the continental United States, the Secretary 
     concerned may pay the member a per diem under this section 
     based on the location of the dependents and provide 
     reimbursement under subsection (d) for an unusual or 
     extraordinary expense incurred by the dependents if the 
     Secretary determines that such payment or reimbursement is in 
     the best interest of the member or the member's dependents 
     and in the best interest of the United States.''.
       (b) Clarification of Expenses Eligible for Lump-Sum 
     Reimbursement.--Subsection (d) of such section is amended--
       (1) in the subsection heading, by striking ``Nonrecurring'' 
     and inserting ``Unusual or Extraordinary'';
       (2) by inserting ``or (e)'' after ``subsection (a)'' each 
     place it appears; and
       (3) in paragraph (1)--
       (A) by striking ``a nonrecurring'' and inserting ``an 
     unusual or extraordinary'' in the matter preceding 
     subparagraph (A); and
       (B) in subparagraph (A), by inserting ``or the location of 
     the member's dependents'' before the semicolon.

     SEC. 613. ALLOWANCE TO COVER PORTION OF MONTHLY DEDUCTION 
                   FROM BASIC PAY FOR SERVICEMEMBERS' GROUP LIFE 
                   INSURANCE COVERAGE FOR MEMBERS SERVING IN 
                   OPERATION ENDURING FREEDOM OR OPERATION IRAQI 
                   FREEDOM.

       (a) Allowance to Cover SGLI Deductions.--Chapter 7 of title 
     37, United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 437. Allowance to cover portion of monthly premium for 
       Servicemembers' Group Life Insurance: members serving in 
       Operation Enduring Freedom or Operation Iraqi Freedom

       ``(a) Required Reimbursement for Premium Deduction.--(1) In 
     the case of a member of the armed forces who has insurance 
     coverage for the member under the Servicemembers' Group Life 
     Insurance program under subchapter III of chapter 19 of title 
     38 and who serves in the theater of operations for Operation 
     Enduring Freedom or Operation Iraqi Freedom at any time 
     during a month, the Secretary concerned shall pay the member 
     an allowance under this section for that month in an amount 
     equal to the amount of the deduction made under subsection 
     (a)(1) of section 1969 of such title for the first $150,000 
     of Servicemembers' Group Life Insurance coverage held by the 
     member under section 1967 of such title.
       ``(2) If a member described in paragraph (1) elected to be 
     insured in an amount less than the coverage amount specified 
     in paragraph (1) or in effect pursuant to subsection (b), the 
     amount of the allowance under this section for a month shall 
     be equal to the amount of the deduction made for that month 
     under subsection (a)(1) of section 1969 of title 38 from the 
     basic pay of the member for the amount of Servicemembers' 
     Group Life Insurance coverage actually held by the member 
     under section 1967 of such title.
       ``(b) Authority to Increase Maximum Reimbursement Amount.--
     For purposes of subsection (a), the Secretary of Defense is 
     authorized to increase the coverage amount specified in 
     paragraph (1) of such subsection to permit the reimbursement 
     of all or an additional amount of the deduction made under 
     section 1969(a)(1) of title 38 for levels of coverage in 
     excess of $150,000 for members under the Servicemembers' 
     Group Life Insurance program.
       ``(c) Notice of Availability of Allowance.--To the maximum 
     extent practicable, in advance of the deployment of a member 
     to a theater of operations referred to in subsection (a), the 
     Secretary concerned shall give the member information 
     regarding the following:
       ``(1) The availability of the allowance under this section 
     for members insured under the Servicemembers' Group Life 
     Insurance program.
       ``(2) The ability of members who elected not to be insured 
     under Servicemembers' Group Life Insurance, or elected less 
     than the coverage amount specified in subsection (a)(1) or in 
     effect pursuant to subsection (b), to obtain insurance, or to 
     obtain additional coverage, as the case may be, under the 
     authority provided in section 1967(c) of title 38.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 7 of title 37, United States Code, is 
     amended by adding at the end the following new item:

``437. Allowance to cover portion of monthly premium for 
              Servicemembers' Group Life Insurance: members serving in 
              Operation Enduring Freedom or Operation Iraqi Freedom.''.

       (c) Effective Date; Notification.--Section 437 of title 37, 
     United States Code, as added by subsection (a), shall apply 
     with respect to service by members of the Armed Forces in the 
     theater of operations for Operation Enduring Freedom or 
     Operation Iraqi Freedom for months beginning on or after the 
     date of the enactment of this Act. In the case of members who 
     are serving in the theater of operations for Operation 
     Enduring Freedom or Operation Iraqi Freedom as of such date, 
     the Secretary of Defense shall provide such members, as soon 
     as practicable, the information specified in subsection (c) 
     of that section.

     SEC. 614. INCOME REPLACEMENT PAYMENTS FOR RESERVES 
                   EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION 
                   FOR ACTIVE DUTY SERVICE.

       (a) In General.--Chapter 17 of title 37, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 910. Replacement of lost income: involuntarily 
       mobilized reserve component members subject to extended and 
       frequent active duty service

       ``(a) Payment Required.--The Secretary concerned shall pay 
     to an eligible member of a reserve component of the armed 
     forces an amount equal to the monthly active-duty income 
     differential of the member, as determined by the Secretary. 
     The payments shall be made on a monthly basis.
       ``(b) Eligibility.--Subject to subsection (c), a reserve 
     component member is entitled to a payment under this section 
     for any full month of active duty of the member, while on 
     active duty under an involuntary mobilization order, 
     following the date on which the member--
       ``(1) completes 18 continuous months of service on active 
     duty under such an order;
       ``(2) completes 24 months on active duty during the 
     previous 60 months under such an order; or
       ``(3) is involuntarily mobilized for service on active duty 
     for a period of 180 days or more within six months or less 
     following the member's separation from a previous period of 
     involuntary active duty for a period of 180 days or more.
       ``(c) Minimum and Maximum Payment Amounts.--(1) A payment 
     under this section shall be made to a member for a month only 
     if the amount of the monthly active-duty income differential 
     for the month is greater than $50.
       ``(2) Notwithstanding the amount determined under 
     subsection (d) for a member for a month, the monthly payment 
     to a member under this section may not exceed $3,000.
       ``(d) Monthly Active-Duty Income Differential.--For 
     purposes of this section, the monthly active-duty income 
     differential of a member is the difference between--
       ``(1) the average monthly civilian income of the member; 
     and

[[Page H12785]]

       ``(2) the member's total monthly military compensation.
       ``(e) Definitions.--In this section:
       ``(1) The term `average monthly civilian income', with 
     respect to a member of a reserve component, means the amount, 
     determined by the Secretary concerned, of the earned income 
     of the member for either the 12 months preceding the member's 
     mobilization or the 12 months covered by the member's most 
     recent Federal income tax filing, divided by 12.
       ``(2) The term `total monthly military compensation' means 
     the amount, computed on a monthly basis, of the sum of--
       ``(A) the amount of the regular military compensation (RMC) 
     of the member; and
       ``(B) any amount of special pay or incentive pay and any 
     allowance (other than an allowance included in regular 
     military compensation) that is paid to the member on a 
     monthly basis.
       ``(f) Regulations.--This section shall be administered 
     under regulations to be prescribed by the Secretary of 
     Defense.
       ``(g) Termination of Authority.--No payment shall be made 
     under this section after December 31, 2008.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``910. Replacement of lost income: involuntarily mobilized reserve 
              component members subject to extended and frequent active 
              duty service.''.

       (c) Effective Date.--Section 910 of title 37, United States 
     Code, as added by subsection (a), may apply only with respect 
     to months beginning after the end of the 180-day period 
     beginning on the date of the enactment of this Act.
           Subtitle B--Bonuses and Special and Incentive Pays

     SEC. 621. EXTENSION OR RESUMPTION OF CERTAIN BONUS AND 
                   SPECIAL PAY AUTHORITIES FOR RESERVE FORCES.

       (a) Selected Reserve Reenlistment Bonus.--Section 308b(g) 
     of title 37, United States Code, is amended by striking 
     ``December 31, 2005'' and inserting ``December 31, 2006''.
       (b) Special Pay for Enlisted Members Assigned to Certain 
     High Priority Units.--Section 308d(c) of such title is 
     amended by striking ``December 31, 2005'' and inserting 
     ``December 31, 2006''.
       (c) Ready Reserve Enlistment Bonus for Persons Without 
     Prior Service.--Section 308g(h) of such title is amended by 
     striking ``an enlistment after September 30, 1992'' and 
     inserting ``an enlistment--
       ``(1) during the period beginning on October 1, 1992, and 
     ending on September 30, 2005; or
       ``(2) after December 31, 2006.''.
       (d) Ready Reserve Enlistment and Reenlistment Bonus for 
     Persons With Prior Service.--Section 308h(g) of such title is 
     amended by striking ``December 31, 2005'' and inserting 
     ``December 31, 2006''.
       (e) Selected Reserve Enlistment Bonus for Persons With 
     Prior Service.--Section 308i(f) of such title is amended by 
     striking ``December 31, 2005'' and inserting ``December 31, 
     2006''.

     SEC. 622. EXTENSION OF CERTAIN BONUS AND SPECIAL PAY 
                   AUTHORITIES FOR CERTAIN HEALTH CARE 
                   PROFESSIONALS.

       (a) Nurse Officer Candidate Accession Program.--Section 
     2130a(a)(1) of title 10, United States Code, is amended by 
     striking ``December 31, 2005'' and inserting ``December 31, 
     2006''.
       (b) Repayment of Education Loans for Certain Health 
     Professionals Who Serve in the Selected Reserve.--Section 
     16302(d) of such title is amended by striking ``January 1, 
     2006'' and inserting ``January 1, 2007''.
       (c) Accession Bonus for Registered Nurses.--Section 
     302d(a)(1) of title 37, United States Code, is amended by 
     striking ``December 31, 2005'' and inserting ``December 31, 
     2006''.
       (d) Incentive Special Pay for Nurse Anesthetists.--Section 
     302e(a)(1) of such title is amended by striking ``December 
     31, 2005'' and inserting ``December 31, 2006''.
       (e) Special Pay for Selected Reserve Health Professionals 
     in Critically Short Wartime Specialties.--Section 302g(f) of 
     such title is amended by striking ``December 31, 2005'' and 
     inserting ``December 31, 2006''.
       (f) Accession Bonus for Dental Officers.--Section 
     302h(a)(1) of such title is amended by striking ``December 
     31, 2005'' and inserting ``December 31, 2006''.
       (g) Accession Bonus for Pharmacy Officers.--Section 302j(a) 
     of such title is amended by striking ``December 31, 2005'' 
     and inserting ``December 31, 2006''.

     SEC. 623. EXTENSION OF SPECIAL PAY AND BONUS AUTHORITIES FOR 
                   NUCLEAR OFFICERS.

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

     SEC. 624. EXTENSION OF OTHER BONUS AND SPECIAL PAY 
                   AUTHORITIES.

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

     SEC. 625. ELIGIBILITY OF ORAL AND MAXILLOFACIAL SURGEONS FOR 
                   INCENTIVE SPECIAL PAY.

       (a) Eligibility.--Subsection (a) of section 302b of title 
     37, United States Code, is amended--
       (1) in the subsection heading, by striking ``and Board 
     Certification'' and inserting ``Board Certification, and 
     Incentive''; and
       (2) by adding at the end the following new paragraph:
       ``(6) An officer described in paragraph (1) who is an oral 
     or maxillofacial surgeon may be paid incentive special pay at 
     the same rates, and subject to the same terms and conditions, 
     as incentive special pay available for medical officers under 
     section 302(b) of this title.''.
       (b) Conforming Amendments.--Such section is further amended 
     in subsections (b) and (d) by striking ``subsection (a)(4)'' 
     each place it appears and inserting ``paragraph (4) or (6) of 
     subsection (a)''.

     SEC. 626. ELIGIBILITY OF DENTAL OFFICERS FOR ADDITIONAL 
                   SPECIAL PAY.

       Section 302b(a)(4) of title 37, United States Code, is 
     amended in the first sentence--
       (1) by inserting ``also'' before ``is entitled''; and
       (2) by inserting ``initial'' before ``residency''.

     SEC. 627. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR 
                   HARDSHIP DUTY PAY.

       Section 305(a) of title 37, United States Code, is amended 
     by striking ``$300'' and inserting ``$750''.

     SEC. 628. FLEXIBLE PAYMENT OF ASSIGNMENT INCENTIVE PAY.

       (a) Authority to Provide Lump Sum or Installment 
     Payments.--Section 307a of title 37, United States Code, is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``monthly''; and
       (B) by adding at the end the following new sentence: 
     ``Incentive pay payable under this section may be paid on a 
     monthly basis, in a lump sum, or in installments.''; and
       (2) in subsection (b)--
       (A) by inserting ``(1)'' before ``The Secretary 
     concerned'';
       (B) in paragraph (1), as so designated, by striking 
     ``incentive pay'' in the first sentence and inserting ``the 
     payment of incentive pay on a monthly basis''; and
       (C) by adding at the end the following new paragraph:
       ``(2) The Secretary concerned shall require a member 
     performing service in an assignment designated under 
     subsection (a) to enter into a written agreement with the 
     Secretary in order to qualify for the payment of incentive 
     pay on a lump sum or installment basis under this section. 
     The written agreement shall specify the period for which the 
     incentive pay will be paid to the member and, subject to 
     subsection (c), the amount of the lump sum, or each 
     installment, of the incentive pay.''.
       (b) Maximum Rate or Amount.--Subsection (c) of such section 
     is amended to read as follows:
       ``(c) Maximum Rate or Amount.--(1) The maximum monthly rate 
     of incentive pay payable to a member on a monthly basis under 
     this section is $3,000.
       ``(2) The amount of the lump sum payment of incentive pay 
     payable to a member on a lump sum basis under this section 
     may not exceed an amount equal to the product of--
       ``(A) the maximum monthly rate authorized under paragraph 
     (1) at the time of the written agreement of the member under 
     subsection (b)(2); and
       ``(B) the number of months in the period for which 
     incentive pay will be paid pursuant to the agreement.
       ``(3) The amount of each installment payment of incentive 
     pay payable to a member on an installment basis under this 
     section shall be the amount equal to--
       ``(A) the product of (i) a monthly rate specified in the 
     written agreement of the member under subsection (b)(2) 
     (which monthly rate may not exceed the maximum monthly rate 
     authorized under paragraph (1) at the time of the written 
     agreement), and (ii) the number of months in the period for 
     which incentive pay will be paid; divided by
       ``(B) the number of installments over such period.
       ``(4) If a member extends an assignment specified in an 
     agreement with the Secretary under subsection (b), incentive 
     pay for the period of the extension may be paid under this 
     section on a monthly basis, in a lump sum, or in installments 
     in accordance with this section.''.
       (c) Repayment.--Such section is further amended--
       (1) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively; and
       (2) by inserting after subsection (c), as amended by 
     subsection (b) of this section, the following new subsection 
     (d):
       ``(d) Repayment of Incentive Pay.--(1) A member who, 
     pursuant to an agreement under

[[Page H12786]]

     subsection (b)(2), receives a lump sum or installment payment 
     of incentive pay under this section and who fails to complete 
     the total period of service or other conditions specified in 
     the agreement voluntarily or because of misconduct, shall 
     refund to the United States an amount equal to the percentage 
     of incentive pay paid which is equal to the unexpired portion 
     of the service divided by the total period of service. The 
     Secretary concerned may waive repayment of an amount of 
     incentive pay under this section, in whole or in part, if the 
     Secretary determines that conditions and circumstances 
     warrant.
       ``(2) An obligation to repay the United States imposed 
     under paragraph (1) is for all purposes a debt owed to the 
     United States.
       ``(3) A discharge in bankruptcy under title 11 that is 
     entered less than 5 years after the termination of the 
     agreement does not discharge the member signing the agreement 
     from a debt arising under paragraph (1).''.

     SEC. 629. ACTIVE-DUTY REENLISTMENT BONUS.

       (a) Eligibility of Senior Enlisted Members.--Subsection (a) 
     of section 308 of title 37, United States Code, is amended--
       (1) in paragraph (1)(A), by striking ``16 years of active 
     duty'' and inserting ``20 years of active duty''; and
       (2) in paragraph (3), by striking ``18 years'' and 
     inserting ``24 years''.
       (b) Increase in Authorized Maximum Amount of Bonus.--
     Paragraph (2)(B) of such subsection is amended by striking 
     ``$60,000'' and inserting ``$90,000''.
       (c) Repeal of Reference to Obsolete Special Pay.--Paragraph 
     (1) of such subsection is amended--
       (1) by inserting ``and'' at the end of subparagraph (B);
       (2) by striking subparagraph (C); and
       (3) by redesignating subparagraph (D) as subparagraph (C).
       (d) Repeal of Obsolete Special Pay.--
       (1) Repeal.--Section 312a of title 37, United States Code, 
     is repealed.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by striking 
     the item relating to section 312a.

     SEC. 630. REENLISTMENT BONUS FOR MEMBERS OF THE SELECTED 
                   RESERVE.

       (a) Eligibility of Senior Enlisted Members.--Subsection 
     (a)(1) of section 308b of title 37, United States Code, is 
     amended by striking ``16 years of total military service'' 
     and inserting ``20 years of total military service''.
       (b) Computation of Bonus Amount.--Subsection (b) of such 
     section is amended by adding at the end the following new 
     paragraph:
       ``(3) Any portion of a term of reenlistment or extension of 
     enlistment of a member that, when added to the total years of 
     service of the member at the time of discharge or release, 
     exceeds 24 years may not be used in computing the total bonus 
     amount under paragraph (1).''.

     SEC. 631. CONSOLIDATION AND MODIFICATION OF BONUSES FOR 
                   AFFILIATION OR ENLISTMENT IN THE SELECTED 
                   RESERVE.

       (a) Consolidation and Modification of Bonuses.--Section 
     308c of title 37, United States Code, is amended to read as 
     follows:

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

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

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

     ; and
       (2) by striking the item relating to section 308e.

     SEC. 632. EXPANSION AND ENHANCEMENT OF SPECIAL PAY FOR 
                   ENLISTED MEMBERS OF THE SELECTED RESERVE 
                   ASSIGNED TO CERTAIN HIGH PRIORITY UNITS.

       (a) Eligibility for Pay.--Subsection (a) of section 308d of 
     title 37, United States Code, is amended by striking ``an 
     enlisted member'' and inserting ``a member''.
       (b) Amount of Pay.--Such subsection is further amended by 
     striking ``$10'' and inserting ``$50''.
       (c) Conforming and Clerical Amendments.--
       (1) Conforming amendment.--The heading of such section is 
     amended to read as follows:

     ``Sec. 308d. Special pay: members of the Selected Reserve 
       assigned to certain high priority units''.

       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by striking 
     the item relating to section 308d and inserting the following 
     new item:

``308d. Special pay: members of the Selected Reserve assigned to 
              certain high priority units.''.

     SEC. 633. ELIGIBILITY REQUIREMENTS FOR PRIOR SERVICE 
                   ENLISTMENT BONUS.

       Section 308i(a)(2) of title 37, United States Code, is 
     amended--
       (1) by striking subparagraph (A) and inserting the 
     following new subparagraph:
       ``(A) The person has not more than 16 years of total 
     military service and received an honorable discharge at the 
     conclusion of all prior periods of service.''; and
       (2) by striking subparagraph (D).

     SEC. 634. 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''.
       (c) Conforming and Clerical Amendments.--
       (1) Conforming amendment.--The heading of such section is 
     amended to read as follows:

     ``Sec. 308j. Special pay: affiliation bonus for officers in 
       the Selected Reserve''.

       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by striking 
     the item relating to section 308j and inserting the following 
     new item:

``308j. Special pay: affiliation bonus for officers in the Selected 
              Reserve.''.

     SEC. 635. INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF ENLISTMENT 
                   BONUS.

       Section 309(a) of title 37, United States Code, is amended 
     by striking ``$20,000'' and inserting ``$40,000''.

     SEC. 636. DISCRETION OF SECRETARY OF DEFENSE TO AUTHORIZE 
                   RETROACTIVE HOSTILE FIRE AND IMMINENT DANGER 
                   PAY.

       Section 310(c) of title 37, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (2) by inserting before paragraph (2), as so redesignated, 
     the following new paragraph (1):
       ``(1) In the case of an area described in subparagraph (B) 
     or (D) of subsection (a)(2), the

[[Page H12787]]

     Secretary of Defense shall be responsible for designating the 
     period during which duty in the area will qualify members for 
     special pay under this section. The effective date designated 
     for the commencement of such a period may be a date occurring 
     before, on, or after the actual date on which the Secretary 
     makes the designation. If the commencement date for such a 
     period is a date occurring before the date on which the 
     Secretary makes the designation, the payment of special pay 
     under this section for the period between the commencement 
     date and the date on which the Secretary makes the 
     designation shall be subject to the availability of 
     appropriated funds for that purpose.''.

     SEC. 637. INCREASE IN MAXIMUM BONUS AMOUNT FOR NUCLEAR-
                   QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE 
                   DUTY.

       Section 312(a) of title 37, United States Code, is amended 
     by striking ``$25,000'' and inserting ``$30,000''.

     SEC. 638. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR CAREER ANNUAL 
                   INCENTIVE BONUS FOR NUCLEAR-QUALIFIED OFFICERS 
                   TRAINED WHILE SERVING AS ENLISTED MEMBERS.

       Section 312c(b)(1) of title 37, United States Code, is 
     amended by striking ``$10,000'' and inserting ``$14,000''.

     SEC. 639. UNIFORM PAYMENT OF FOREIGN LANGUAGE PROFICIENCY PAY 
                   TO ELIGIBLE RESERVE COMPONENT MEMBERS AND 
                   REGULAR COMPONENT MEMBERS.

       (a) Availability of Bonus in Lieu of Monthly Special Pay.--
     Subsection (a) of section 316 of title 37, United States 
     Code, is amended--
       (1) by striking ``Special Pay'' and inserting ``Bonus'';
       (2) by striking ``monthly special pay'' and inserting ``a 
     bonus''; and
       (3) by striking ``is entitled to basic pay under section 
     204 of this title and who''.
       (b) Payment of Bonus.--Such section is further amended--
       (1) by striking subsections (b), (d), (e), and (g);
       (2) by redesignating subsections (f) and (h) as subsections 
     (d) and (f), respectively; and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Bonus Amount; Time for Payment.--A bonus under 
     subsection (a) may not exceed $12,000 per one-year 
     certification period under subsection (c). The Secretary 
     concerned may pay the bonus in a single lump sum at the 
     beginning of the certification period or in installments 
     during the certification period. The bonus is in addition to 
     any other pay or allowance payable to a member under any 
     other provision of law.''.
       (c) Repayment.--Such section is further amended by 
     inserting after subsection (d), as redesignated by subsection 
     (b)(2) of this section, the following new subsection (e):
       ``(e) Repayment.--(1) A member who receives a bonus under 
     this section, but who does not satisfy an eligibility 
     requirement specified in paragraph (1), (2), (3), or (4) of 
     subsection (a) for the entire certification period, shall 
     repay to the United States the amount of the bonus so paid, 
     except as otherwise prescribed under paragraph (2).
       ``(2) The Secretary concerned shall prescribe in 
     regulations whether repayment of an amount otherwise required 
     under paragraph (1) shall be made in whole or in part, the 
     method for computing the amount of such repayment, and any 
     conditions under which an exception to required repayment 
     would apply.
       ``(3) An obligation to repay the United States imposed 
     under paragraph (1) is for all purposes a debt owed to the 
     United States. A discharge in bankruptcy under title 11 that 
     is entered less than five years after the date on which the 
     member received the bonus does not discharge the member from 
     a debt arising under paragraph (1).''.
       (d) Conforming Amendments.--Such section is further 
     amended--
       (1) in subsection (c)--
       (A) by striking ``special pay or'' both places it appears; 
     and
       (B) by striking ``or (b)'';
       (2) in subsection (d), as redesignated by subsection (b)(2) 
     of this section--
       (A) in paragraph (1)--
       (i) by striking ``monthly special pay or'' in the matter 
     preceding subparagraph (A); and
       (ii) in subparagraph (C), by striking ``for receipt'' and 
     all that follows through the period at the end and inserting 
     ``under subsection (a).'';
       (B) in paragraph (2), by striking ``For purposes'' and all 
     that follows through ``the Secretary concerned'' and 
     inserting ``The Secretary concerned'';
       (C) in paragraph (3)--
       (i) by striking ``special pay or'' both places it appears; 
     and
       (ii) by striking ``subsection (h)'' and inserting 
     ``subsection (f)''; and
       (D) in paragraph (4), by striking ``subsection (g)'' and 
     inserting ``section 303a(e) of this title''.
       (e) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 316. Special pay: bonus for members with foreign 
       language proficiency''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 5 of such title is amended by striking 
     the item relating to section 316 and inserting the following 
     new item:

``316. Special pay: bonus for members with foreign language 
              proficiency.''.

     SEC. 640. RETENTION BONUS FOR MEMBERS QUALIFIED IN CERTAIN 
                   CRITICAL SKILLS OR ASSIGNED TO HIGH PRIORITY 
                   UNITS.

       (a) Availability of Bonus for Reserve Component Members.--
     Section 323 of title 37, United States Code, is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``who is serving on active duty and'' and inserting ``who is 
     serving on active duty in a regular component or in an active 
     status in a reserve component and who'';
       (B) in paragraph (1), by inserting ``or to remain in an 
     active status in a reserve component for at least one year'' 
     before the semicolon; and
       (C) in paragraph (3), by inserting ``or to remain in an 
     active status in a reserve component for a period of at least 
     one year'' before the period; and
       (2) in subsection (e)(1), by inserting ``or service in an 
     active status in a reserve component'' after ``active duty'' 
     each place it appears.
       (b) Additional Criteria for Bonus.--Such section is further 
     amended--
       (1) in subsection (a), by striking ``designated critical 
     military skill'' and inserting ``critical military skill 
     designated under subsection (b) or accepts an assignment to a 
     high priority unit designated under such subsection'';
       (2) in subsection (b)--
       (A) by striking ``Designation of Critical Skills.--'' and 
     inserting ``Eligibility Criteria.--(1)''; and
       (B) by adding at the end the following new paragraph:
       ``(2) The Secretary of Defense, and the Secretary of 
     Homeland Security with respect to the Coast Guard when it is 
     not operating as a service in the Navy, may designate a unit 
     as a high priority unit regarding which a retention bonus 
     will be provided to a member of the armed forces who agrees 
     to accept an assignment to the unit under subsection (a).''; 
     and
       (3) in subsection (h)(1), by striking ``members qualified 
     in the critical military skills for which the bonuses were 
     offered'' and inserting ``members of the armed forces who 
     were offered a bonus under this section''.
       (c) Maximum Amount of Bonus for Reserve Component 
     Members.--Subsection (d)(1) of such section is amended by 
     inserting after ``$200,000'' the following: ``(or $100,000 in 
     the case of a reserve component member)''.
       (d) Extended Eligibility Period for Certain Members.--
     Subsection (e) of such section is amended by striking 
     paragraph (2) and inserting the following new paragraphs:
       ``(2) The limitations in paragraph (1) do not apply with 
     respect to an officer who, during the period of active duty 
     or service in an active status in a reserve component for 
     which the bonus is being offered, is assigned duties as a 
     health care professional.
       ``(3) The limitations in paragraph (1) do not apply with 
     respect to a member who, during the period of active duty or 
     service in an active status in a reserve component for which 
     the bonus is being offered--
       ``(A) is qualified in a skill designated as critical under 
     subsection (b)(1) related to special operations forces; or
       ``(B) is qualified for duty in connection with the 
     supervision, operation, and maintenance of naval nuclear 
     propulsion plants.''.
       (e) Repayment Requirements.--Subsection (g)(1) of such 
     section is amended by striking ``If'' and all that follows 
     through ``under this section,'' and inserting ``If a member 
     paid a bonus under this section fails, during the period of 
     service covered by the member's agreement, reenlistment, or 
     voluntary extension of enlistment under subsection (a), to 
     remain qualified in the critical military skill or to satisfy 
     the other eligibility criteria for which the bonus was 
     paid,''.
       (f) Clerical Amendments.--
       (1) Section heading.--The heading of section 323 of such 
     title is amended to read as follows:

     ``Sec. 323. Special pay: retention incentives for members 
       qualified in critical military skills or assigned to high 
       priority units''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 5 of such title is amended by striking 
     the item relating to section 323 and inserting the following 
     new item:

``323. Special pay: retention incentives for members qualified in 
              critical military skills or assigned to high priority 
              units.''.

     SEC. 641. INCENTIVE BONUS FOR TRANSFER BETWEEN ARMED FORCES.

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

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

       ``(a) Incentive Bonus Authorized.--A bonus under this 
     section may be paid to an eligible member of a regular 
     component or reserve component of an armed force who executes 
     a written agreement--
       ``(1) to transfer from such regular component or reserve 
     component to a regular component or reserve component of 
     another armed force; and
       ``(2) to serve pursuant to such agreement for a period of 
     not less than three years in the component to which 
     transferred.
       ``(b) Eligible Members.--A member is eligible to enter into 
     an agreement under subsection (a) if, as of the date of the 
     agreement, the member--
       ``(1) has not failed to satisfactorily complete any term of 
     enlistment in the armed forces;
       ``(2) is eligible for reenlistment in the armed forces or, 
     in the case of an officer, is eligible to continue in service 
     in a regular or reserve component of the armed forces; and
       ``(3) has fulfilled such requirements for transfer to the 
     component of the armed force to which the member will 
     transfer as the Secretary having jurisdiction over such armed 
     force shall establish.
       ``(c) Limitation.--A member may enter into an agreement 
     under subsection (a) to transfer to a regular component or 
     reserve component of

[[Page H12788]]

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

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

     SEC. 642. AVAILABILITY OF SPECIAL PAY FOR MEMBERS DURING 
                   REHABILITATION FROM WOUNDS, INJURIES, AND 
                   ILLNESSES INCURRED IN A COMBAT OPERATION OR 
                   COMBAT ZONE.

       (a) Special Pay Authorized.--Chapter 5 of title 37, United 
     States Code, is amended by inserting after section 327, as 
     added by section 641, the following new section:

     ``Sec. 328. Combat-related injury rehabilitation pay

       ``(a) Special Pay Authorized.--The Secretary concerned may 
     pay monthly special pay under this section to a member of the 
     armed forces who, while in the line of duty, incurs a wound, 
     injury, or illness in a combat operation or combat zone 
     designated by the Secretary of Defense and is evacuated from 
     the theater of the combat operation or from the combat zone 
     for medical treatment.
       ``(b) Commencement of Payment.--Subject to subsection (c), 
     the special pay authorized by subsection (a) may be paid to a 
     member described in such subsection for any month beginning 
     after the date on which the member was evacuated from the 
     theater of the combat operation or the combat zone in which 
     the member incurred the combat-related injury.
       ``(c) Termination of Payments.--The payment of special pay 
     to a member under subsection (a) shall terminate at the end 
     of the first month during which any of the following occurs:
       ``(1) The member is paid a benefit under the traumatic 
     injury protection rider of the Servicemembers' Group Life 
     Insurance Program issued under section 1980A of title 38.
       ``(2) The member receives notification of the eligibility 
     of the member for a benefit under such traumatic injury 
     protection rider and a period of 30 days expires after the 
     date of such notification.
       ``(3) The member is no longer hospitalized in a military 
     treatment facility or a facility under the auspices of the 
     military health care system.
       ``(d) Amount of Special Pay.--The monthly amount of special 
     pay paid to a member under this section shall be equal to 
     $430, less any payment received by the member for the same 
     month under section 310(b) of this title.
       ``(e) Relationship to Other Pay and Allowances.--Special 
     pay paid to a member under this section is in addition to any 
     other pay and allowances to which the member is entitled or 
     authorized to receive.''.
       (b) Continuation of Hostile Fire and Imminent Danger Pay 
     During Hospitalization.--Section 310(b) of such title is 
     amended--
       (1) by striking ``A member covered by subsection 
     (a)(2)(C)'' and all that follows through ``the injury or 
     wound'' and inserting ``(1) A member described in paragraph 
     (2)'';
       (2) by striking ``so hospitalized'' and inserting 
     ``hospitalized as described in such paragraph''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Paragraph (1) applies with respect to a member who--
       ``(A) is injured or wounded under the circumstances 
     described in subsection (a)(2)(C) and is hospitalized for the 
     treatment of the injury or wound; or
       ``(B) while in the line of duty, incurs a wound, injury, or 
     illness in a combat operation or combat zone designated by 
     the Secretary of Defense and is hospitalized outside of the 
     theater of the combat operation or the combat zone for the 
     treatment of the wound, injury, or illness.''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by inserting 
     after the item relating to section 327, as added by section 
     641, the following new item:

``328. Combat-related injury rehabilitation pay.''.

       (d) Effective Date.--The Secretary of a military department 
     may provide special pay under section 328 of title 37, United 
     States Code, as added by subsection (a), for months beginning 
     on or after the date of the enactment of this Act. A member 
     of the Armed Forces who incurred a wound, injury, or illness 
     under the circumstances described in subsection (a) of such 
     section before the date of the enactment of this Act may 
     receive such pay for such wound, injury, or illness for 
     months beginning on or after that date so long as the member 
     continues to satisfy the eligibility criteria specified in 
     such section.

     SEC. 643. PAY AND BENEFITS TO FACILITATE VOLUNTARY SEPARATION 
                   OF TARGETED MEMBERS OF THE ARMED FORCES.

       (a) Pay and Benefits Authorized.--
       (1) In general.--Chapter 59 of title 10, United States 
     Code, is amended by inserting after section 1175 the 
     following new section:

     ``Sec. 1175a. Voluntary separation pay and benefits

       ``(a) In General.--Under regulations approved by the 
     Secretary of Defense, the Secretary concerned may provide 
     voluntary separation pay and benefits in accordance with this 
     section to eligible members of the armed forces who are 
     voluntarily separated from active duty in the armed forces.
       ``(b) Eligible Members.--(1) Except as provided in 
     paragraph (2), a member of the armed forces is eligible for 
     voluntary separation pay and benefits under this section if 
     the member--
       ``(A) has served on active duty for more than 6 years but 
     not more than 20 years;
       ``(B) has served at least 5 years of continuous active duty 
     immediately preceding the date of the member's separation 
     from active duty;
       ``(C) has not been approved for payment of a voluntary 
     separation incentive under section 1175 of this title;
       ``(D) meets such other requirements as the Secretary 
     concerned may prescribe, which may include requirements 
     relating to--
       ``(i) years of service, skill, rating, military specialty, 
     or competitive category;
       ``(ii) grade or rank;
       ``(iii) remaining period of obligated service; or
       ``(iv) any combination of these factors; and
       ``(E) requests separation from active duty.
       ``(2) The following members are not eligible for voluntary 
     separation pay and benefits under this section:
       ``(A) Members discharged with disability severance pay 
     under section 1212 of this title.
       ``(B) Members transferred to the temporary disability 
     retired list under section 1202 or 1205 of this title.
       ``(C) Members being evaluated for disability retirement 
     under chapter 61 of this title.
       ``(D) Members who have been previously discharged with 
     voluntary separation pay.
       ``(E) Members who are subject to pending disciplinary 
     action or who are subject to administrative separation or 
     mandatory discharge under any other provision of law or 
     regulations.
       ``(3) The Secretary concerned shall determine each year the 
     number of members to be separated, and provided separation 
     pay and benefits, under this section during the fiscal year 
     beginning in such year.
       ``(c) Separation.--Each eligible member of the armed forces 
     whose request for separation from active duty under 
     subsection (b)(1)(E) is approved shall be separated from 
     active duty.
       ``(d) Additional Service in Ready Reserve.--Of the number 
     of members of the armed forces to be separated from active 
     duty in a fiscal year, as determined under subsection (b)(3), 
     the Secretary concerned shall determine a number of such 
     members, in such skill and grade combinations as the 
     Secretary concerned shall designate, who shall serve in the 
     Ready Reserve, after separation from active duty, for a 
     period of not less than three years, as a condition of the 
     receipt of voluntary separation pay and benefits under this 
     section.
       ``(e) Separation Pay and Benefits.--(1) A member of the 
     armed forces who is separated from active duty under 
     subsection (c) shall be paid voluntary separation pay in 
     accordance with subsection (g) in an amount determined by the 
     Secretary concerned pursuant to subsection (f).
       ``(2) A member who is not entitled to retired or retainer 
     pay upon separation shall be entitled to the benefits and 
     services provided under--
       ``(A) chapter 58 of this title during the 180-day period 
     beginning on the date the member is separated 
     (notwithstanding any termination date for such benefits and 
     services otherwise applicable under the provisions of such 
     chapter); and
       ``(B) sections 404 and 406 of title 37.
       ``(f) Computation of Voluntary Separation Pay.--The 
     Secretary concerned shall specify the amount of voluntary 
     separation pay that an individual or defined group of members 
     of the armed forces may be paid under subsection (e)(1). No 
     member may receive as voluntary separation pay an amount 
     greater than two times the full amount of separation pay for 
     a member of the same pay grade and years of service who is 
     involuntarily separated under section 1174 of this title.
       ``(g) Payment of Voluntary Separation Pay.--(1) Voluntary 
     separation pay under this section may be paid in a single 
     lump sum.

[[Page H12789]]

       ``(2) In the case of a member of the armed forces who, at 
     the time of separation under subsection (c), has completed at 
     least 15 years, but less than 20 years, of active service, 
     voluntary separation pay may be paid, at the election of the 
     Secretary concerned, in--
       ``(A) a single lump sum;
       ``(B) installments over a period not to exceed 10 years; or
       ``(C) a combination of lump sum and such installments.
       ``(h) Coordination With Retired or Retainer Pay and 
     Disability Compensation.--(1) A member who is paid voluntary 
     separation pay under this section and who later qualities for 
     retired or retainer pay under this title or title 14 shall 
     have deducted from each payment of such retired or retainer 
     pay an amount, in such schedule of monthly installments as 
     the Secretary concerned shall specify, until the total amount 
     deducted from such retired or retainer pay is equal to the 
     total amount of voluntary separation pay so paid.
       ``(2)(A) Except as provided in subparagraphs (B) and (C), a 
     member who is paid voluntary separation pay under this 
     section shall not be deprived, by reason of the member's 
     receipt of such pay, of any disability compensation to which 
     the member is entitled under the laws administered by the 
     Secretary of Veterans Affairs, but there shall be deducted 
     from such disability compensation an amount, in such schedule 
     of monthly installments as the Secretary concerned shall 
     specify, until the total amount deducted from such disability 
     compensation is equal to the total amount of voluntary 
     separation pay so paid, less the amount of Federal income tax 
     withheld from such pay (such withholding being at the flat 
     withholding rate for Federal income tax withholding, as in 
     effect pursuant to regulations prescribed under chapter 24 of 
     the Internal Revenue Code of 1986).
       ``(B) No deduction shall be made from the disability 
     compensation paid to an eligible disabled uniformed services 
     retiree under section 1413, or to an eligible combat-related 
     disabled uniformed services retiree under section 1413a of 
     this title, who is paid voluntary separation pay under this 
     section.
       ``(C) No deduction may be made from the disability 
     compensation paid to a member for the amount of voluntary 
     separation pay received by the member because of an earlier 
     discharge or release from a period of active duty if the 
     disability which is the basis for that disability 
     compensation was incurred or aggravated during a later period 
     of active duty.
       ``(3) The requirement under this subsection to repay 
     voluntary separation pay following retirement from the armed 
     forces does not apply to a member who was eligible to retire 
     at the time the member applied and was accepted for voluntary 
     separation pay and benefits under this section.
       ``(4) The Secretary concerned may waive the requirement to 
     repay voluntary separation pay under paragraphs (1) and (2) 
     if the Secretary determines that recovery would be against 
     equity and good conscience or would be contrary to the best 
     interests of the United States.
       ``(i) Retirement Defined.--In this section, the term 
     `retirement' includes a transfer to the Fleet Reserve or 
     Fleet Marine Corps Reserve.
       ``(j) Repayment for Members Who Return to Active Duty.--(1) 
     Except as provided in paragraphs (2) and (3), a member of the 
     armed forces who, after having received all or part of 
     voluntary separation pay under this section, returns to 
     active duty shall have deducted from each payment of basic 
     pay, in such schedule of monthly installments as the 
     Secretary concerned shall specify, until the total amount 
     deducted from such basic pay equals the total amount of 
     voluntary separation pay received.
       ``(2) Members who are involuntarily recalled to active duty 
     or full-time National Guard duty in accordance with section 
     12301(a), 12301(b), 12301(g), 12302, 12303, or 12304 of this 
     title or section 502(f)(1) of title 32 shall not be subject 
     to this subsection.
       ``(3) Members who are recalled or perform active duty or 
     full-time National Guard duty in accordance with section 
     101(d)(1), 101(d)(2), 101(d)(5), 12301(d) (insofar as the 
     period served is less than 180 consecutive days with the 
     consent of the member), 12319, or 12503 of title 10, or 
     section 114, 115, or 502(f)(2) of title 32 (insofar as the 
     period served is less than 180 consecutive days with consent 
     of the member), shall not be subject to this subsection.
       ``(4) The Secretary of Defense may waive, in whole or in 
     part, repayment required under paragraph (1) if the Secretary 
     determines that recovery would be against equity and good 
     conscience or would be contrary to the best interests of the 
     United States. The authority in this paragraph may be 
     delegated only to the Undersecretary of Defense for Personnel 
     and Readiness and the Principal Deputy Undersecretary of 
     Defense for Personnel and Readiness.
       ``(k) Termination of Authority.--(1) The authority to 
     separate a member of the armed forces from active duty under 
     subsection (c) shall terminate on December 31, 2008.
       ``(2) A member who separates by the date specified in 
     paragraph (1) may continue to be provided voluntary 
     separation pay and benefits under this section until the 
     member has received the entire amount of pay and benefits to 
     which the member is entitled under this section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 59 of such title is amended by inserting 
     after the item relating to section 1175 the following new 
     item:

``1175a. Voluntary separation pay and benefits.''.

       (b) Limitation on Applicability.--During the period 
     beginning on the date of the enactment of this Act and ending 
     on December 31, 2008, the members of the Armed Forces who are 
     eligible for separation, and for the provision of voluntary 
     separation pay and benefits, under section 1175a of title 10, 
     United States Code (as added by subsection (a)), shall be 
     limited to officers of the Armed Forces who meet the 
     eligibility requirements of section 1175a(b) of title 10, 
     United States Code (as so added), but have not completed more 
     than 12 years of active service as of the date of separation 
     from active duty.

     SEC. 644. RATIFICATION OF PAYMENT OF CRITICAL-SKILLS 
                   ACCESSION BONUS FOR PERSONS ENROLLED IN SENIOR 
                   RESERVE OFFICERS' TRAINING CORPS OBTAINING 
                   NURSING DEGREES.

       (a) Accession Bonus Authorized.--In the case of an 
     agreement executed under section 324 of title 37, United 
     States Code, from October 5, 2004, through December 31, 2005, 
     between the Secretary of the Army and a person who completed 
     the second year of an accredited baccalaureate degree program 
     in nursing to serve in the Army Nurse Corps, the payment of 
     an accession bonus to the person under such section is 
     authorized even though the person did not possess a skill 
     designated as critical and, at the time of the agreement, was 
     enrolled in the Senior Reserve Officers' Training Corps 
     program of the Army for advanced training under chapter 103 
     of title 10, United States Code, including a person receiving 
     financial assistance under section 2107 of such title.
       (b) Limitation on Amount of Bonus.--The amount of the 
     accession bonus referred to in subsection (a) may not exceed 
     $5,000.

     SEC. 645. 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) Duration of Authority.--A bonus may not be paid under 
     subsection (a) with respect to any referral that occurs after 
     December 31, 2007.
            Subtitle C--Travel and Transportation Allowances

     SEC. 651. AUTHORIZED ABSENCES OF MEMBERS FOR WHICH LODGING 
                   EXPENSES AT TEMPORARY DUTY LOCATION MAY BE 
                   PAID.

       (a) Absences Covered by Allowance.--Section 404b of title 
     37, United States Code, is amended--
       (1) in subsection (a), by striking ``while the member is in 
     an authorized leave status'' and inserting ``during an 
     authorized absence of the member from the temporary duty 
     location'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``taking the authorized 
     leave'' and inserting ``the authorized absence''; and
       (B) in paragraph (3), by striking ``immediately after 
     completing the authorized leave'' and inserting ``before the 
     end of the authorized absence'';
       (3) in subsection (c), by striking ``while the member was 
     in an authorized leave status'' and inserting ``during the 
     authorized absence of the member''; and
       (4) by adding at the end the following new subsection:
       ``(d) Authorized Absence Defined.--In this section, the 
     term `authorized absence', with respect to a member, means 
     that the member is in an authorized leave status or that the 
     absence of the member is otherwise authorized under 
     regulations prescribed by the Secretary concerned.''.
       (b) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 404b. Travel and transportation allowances: payment of 
       lodging expenses at temporary duty location during 
       authorized absence of member''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 7 of such title is amended by striking 
     the item relating to section 404b and inserting the following 
     new item:

``404b. Travel and transportation allowances: payment of lodging 
              expenses at temporary duty location during authorized 
              absence of member.''.

[[Page H12790]]

     SEC. 652. EXTENDED PERIOD FOR SELECTION OF HOME FOR TRAVEL 
                   AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS OF 
                   DECEASED MEMBERS.

       (a) Death of Members Entitled to Basic Pay.--Subsection (f) 
     section 406 of title 37, United States Code, is amended--
       (1) by inserting ``(1)'' after ``(f)'';
       (2) by striking ``he'' and inserting ``the member''; and
       (3) by adding at the end the following new paragraph:
       ``(2) The Secretary concerned shall give the dependents of 
     a member described in paragraph (1) a period of not less than 
     three years, beginning on the date of the death of the 
     member, during which to select a home for the purposes of the 
     travel and transportation allowances authorized by this 
     section.''.
       (b) Certain Other Deceased Members.--Subsection (g)(3) of 
     such section is amended in the first sentence--
       (1) by striking ``he exercises it'' and inserting ``the 
     member exercises the right or entitlement'';
       (2) by striking ``his surviving dependents or, if'' and 
     inserting ``the surviving dependents at any time before the 
     end of the three-year period beginning on the date on which 
     the member accrued that right or entitlement. If''; and
       (3) by striking ``his baggage and household effects'' and 
     inserting ``the baggage and household effects of the deceased 
     member''.

     SEC. 653. TRANSPORTATION OF FAMILY MEMBERS IN CONNECTION WITH 
                   THE REPATRIATION OF MEMBERS HELD CAPTIVE.

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

     ``Sec. 411j. Travel and transportation allowances: 
       transportation of family members incident to the 
       repatriation of members held captive

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

``411j. Travel and transportation allowances: transportation of family 
              members incident to the repatriation of members held 
              captive.''.

     SEC. 654. INCREASED WEIGHT ALLOWANCES FOR SHIPMENT OF 
                   HOUSEHOLD GOODS OF SENIOR NONCOMMISSIONED 
                   OFFICERS.

       (a) Increase.--The table in section 406(b)(1)(C) of title 
     37, United States Code, is amended by striking the items 
     relating to pay grades E-7 through E-9 and inserting the 
     following new items:


 
 
 
``E-9.................................          13,000           15,000
E-8...................................          12,000           14,000
E-7...................................          11,000        13,000''.
 

       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on January 1, 2006, and apply with respect 
     to an order in connection with a change of temporary or 
     permanent station issued on or after that date.

     SEC. 655. PERMANENT AUTHORITY TO PROVIDE TRAVEL AND 
                   TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS TO 
                   VISIT HOSPITALIZED MEMBERS OF THE ARMED FORCES 
                   INJURED IN COMBAT OPERATION OR COMBAT ZONE.

       (a) Authority to Continue Allowance.--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; 119 Stat. 254), is amended by 
     striking subsections (d) and (e).
       (b) Conforming Amendment.--Subsection (a)(2)(B)(ii) of 
     section 411h of title 37, United States Code, 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, is amended by striking ``under section 
     1967(e)(1)(A) of title 38''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the earlier of the following:
       (1) The date of the enactment of this Act.
       (2) The date specified in section 106(3) of Public Law 109-
     77 (119 Stat. 2039).
             Subtitle D--Retired Pay and Survivor Benefits

     SEC. 661. MONTHLY DISBURSEMENT TO STATES OF STATE INCOME TAX 
                   WITHHELD FROM RETIRED OR RETAINER PAY.

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

     SEC. 662. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR 
                   INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE.

       (a) Prohibition of Interment in National Cemeteries.--
     Section 2411 of title 38, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``for which the person 
     was sentenced to death or life imprisonment'' and inserting 
     ``and whose conviction is final (other than a person whose 
     sentence was commuted by the President)''; and
       (B) in paragraph (2), by striking ``for which the person 
     was sentenced to death or life imprisonment without parole'' 
     and inserting ``and whose conviction is final (other than a 
     person whose sentence was commuted by the Governor of a 
     State)''; and
       (2) in subsection (d)--
       (A) in paragraph (1), by striking ``the death penalty or 
     life imprisonment may be imposed'' and inserting ``a sentence 
     of imprisonment for life or the death penalty may be 
     imposed''; and
       (B) in paragraph (2), by striking ``the death penalty or 
     life imprisonment without parole may be imposed'' and 
     inserting ``a sentence of imprisonment for life or the death 
     penalty may be imposed''.
       (b) Prohibition of Certain Department of Defense 
     Benefits.--
       (1) Additional circumstances for prohibition of performance 
     of military honors.--Subsection (a) of section 985 of title 
     10, United States Code, is amended--
       (A) by inserting ``(under section 1491 of this title or any 
     other authority)'' after ``military honors''; and
       (B) by striking ``a person who'' and all that follows and 
     inserting the following: ``any of the following persons:
       ``(1) A person described in section 2411(b) of title 38.
       ``(2) A person who is a veteran (as defined in section 
     1491(h) of this title) or who died while on active duty or a 
     member of a reserve component, when the circumstances 
     surrounding the person's death or other circumstances as 
     specified by the Secretary of Defense are such that to 
     provide military honors at the funeral or burial of the 
     person would bring discredit upon the person's service (or 
     former service).''.
       (2) Additional circumstances for prohibition of interment 
     in military cemetery.--Subsection (b) of such section is 
     amended by striking ``convicted of a capital offense under 
     Federal law'' and inserting ``who is ineligible for interment 
     in a national cemetery under the control of the National 
     Cemetery Administration by reason of section 2411(b) of title 
     38''.
       (3) Conforming amendment.--Subsection (c) such section is 
     amended to read as follows:

[[Page H12791]]

       ``(c) Definition.--In this section, the term `burial' 
     includes inurnment.''.
       (4) Prohibition of funeral honors.--Section 1491(a) of 
     title 10, United States Code, is amended by inserting before 
     the period at the end the following: ``, except when military 
     honors are prohibited under section 985(a) of this title''.
       (c) Clerical Amendments.--
       (1) Section heading.--The heading of section 985 of such 
     title is amended to read as follows:

     ``Sec. 985. Persons convicted of capital crimes; certain 
       other persons: denial of specified burial-related 
       benefits''.

       (2) Table of sections.--The item relating to section 985 in 
     the table of sections at the beginning of chapter 49 of such 
     title is amended to read as follows:

``985. Persons convicted of capital crimes; certain other persons: 
              denial of specified burial-related benefits.''.

       (d) Rulemaking.--
       (1) Department of veterans affairs.--The Secretary of 
     Veterans Affairs shall prescribe regulations to ensure that a 
     person is not interred in any cemetery in the National 
     Cemetery System unless a good faith effort has been made to 
     determine whether such person is ineligible for such 
     interment or honors by reason of being a person described in 
     section 2411(b) of title 38, United States Code, or is 
     otherwise ineligible for such interment under Federal law.
       (2) Department of defense.--The Secretary of Defense shall 
     prescribe regulations to ensure that a person is not interred 
     in any military cemetery under the authority of the Secretary 
     of a military department or provided funeral honors under 
     section 1491 of title 10, United States Code, unless a good 
     faith effort has been made to determine whether such person 
     is ineligible for such interment or honors by reason of being 
     a person described in section 2411(b) of title 38, United 
     States Code, or is otherwise ineligible for such interment or 
     honors under Federal law.
       (e) Effective Date.--The amendments made by this section 
     shall apply with respect to funerals and burials that occur 
     on or after the date of the enactment of this Act.

     SEC. 663. CONCURRENT RECEIPT OF VETERANS' DISABILITY 
                   COMPENSATION AND MILITARY RETIRED PAY.

       Section 1414(a)(1) of title 10, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``, and in the case of a qualified retiree 
     receiving veterans' disability compensation at the rate 
     payable for a 100 percent disability by reason of a 
     determination of individual unemployability, payment of 
     retired pay to such veteran is subject to subsection (c) only 
     during the period beginning on January 1, 2004, and ending on 
     September 30, 2009''.

     SEC. 664. ADDITIONAL AMOUNTS OF DEATH GRATUITY FOR SURVIVORS 
                   OF CERTAIN MEMBERS OF THE ARMED FORCES DYING ON 
                   ACTIVE DUTY.

       (a) Increased Amount of Death Gratuity.--
       (1) Increased amount.--Subsection (a) of section 1478 of 
     title 10, United States Code, is amended by striking 
     ``$12,000'' and inserting ``$100,000''.
       (2) Amendments.--Such section is further amended--
       (A) in the first sentence of subsection (a), by striking 
     ``(as'' and all that follows in that sentence and inserting a 
     period; and
       (B) by striking subsection (c).
       (3) Effective date.--The amendment made by paragraph (1) 
     shall take effect as of October 7, 2001, and shall apply to 
     deaths occurring on or after the date of the enactment of 
     this Act and, subject to subsection (c), to deaths occurring 
     during the period beginning on October 7, 2001, and ending on 
     the day before the date of the enactment of this Act.
       (b) Retroactive Payment of Additional Death Gratuity for 
     Certain Members not Previously Covered.--Such section is 
     further amended by adding at the end the following new 
     subsection:
       ``(d)(1) In the case of a person described in paragraph 
     (2), a death gratuity shall be payable, subject to section 
     664(c) of the National Defense Authorization Act for Fiscal 
     Year 2006, for the death of such person that is in addition 
     to the death gratuity payable in the case of such death under 
     subsection (a).
       ``(2) This subsection applies in the case of a person who 
     died during the period beginning on October 7, 2001, and 
     ending on May 11, 2005, while a member of the armed forces on 
     active duty and whose death did not establish eligibility for 
     an additional death gratuity under the prior subsection (e) 
     of this section (as added by section 1013(b) of Public Law 
     109-13; 119 Stat. 247), because the person was not described 
     in paragraph (2) of that prior subsection.
       ``(3) The amount of additional death gratuity payable under 
     this subsection shall be $150,000.
       ``(4) A payment pursuant to this subsection shall be paid 
     in the same manner as provided under paragraph (4) of the 
     prior subsection (e) of this section (as added by section 
     1013(b) of Public Law 109-13; 119 Stat. 247), for payments 
     pursuant to paragraph (3)(A) of that prior subsection.''.
       (c) Funding.--Amounts for payments after the date of the 
     enactment of this Act by reason of the amendments made by 
     subsection (a) with respect to deaths before the date of the 
     date of the enactment of this Act, and amounts for payments 
     under subsection (d) of section 1478 of title 10, United 
     States Code, as added by subsection (b), shall be derived 
     from supplemental appropriations for the Department of 
     Defense for fiscal year 2006 for military operations in Iraq 
     and Afghanistan and the Global War on Terrorism, contingent 
     upon such appropriations being enacted.
       (d) Coordination of Amendments.--If the date of the 
     enactment of this Act occurs before the date specified in 
     section 106(3) of Public Law 109-77--
       (1) effective as of such date of enactment, the amendments 
     made to section 1478 of title 10, United States Code, by 
     section 1013 of Public Law 109-13 are repealed; and
       (2) effective immediately before the execution of the 
     amendments made by this section, the provisions of section 
     1478 of title 10, United States Code, as in effect on the day 
     before the date of the enactment of Public Law 109-13, are 
     revived.

     SEC. 665. CHILD SUPPORT FOR CERTAIN MINOR CHILDREN OF 
                   RETIREMENT-ELIGIBLE MEMBERS CONVICTED OF 
                   DOMESTIC VIOLENCE RESULTING IN DEATH OF CHILD'S 
                   OTHER PARENT.

       (a) Authority for Court-Ordered Payments.--Section 1408(h) 
     of title 10, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by inserting ``(A)'' after ``(1)''; and
       (B) by adding at the end of such paragraph the following:
       ``(B) If, in the case of a member or former member of the 
     armed forces referred to in paragraph (2)(A), a court order 
     provides for the payment as child support of an amount from 
     the disposable retired pay of that member or former member 
     (as certified under paragraph (4)) to an eligible dependent 
     child of the member or former member, the Secretary 
     concerned, beginning upon effective service of such court 
     order, shall pay that amount in accordance with this 
     subsection to such dependent child.'';
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``, or a dependent child,'' after ``former spouse'';
       (B) in subparagraph (B)--
       (i) by inserting ``in the case of eligibility of a spouse 
     or former spouse under paragraph (1)(A),'' after ``(B)''; and
       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) in the case of eligibility of a dependent child under 
     paragraph (1)(B), the other parent of the child died as a 
     result of the misconduct that resulted in the termination of 
     retired pay.'';
       (3) in paragraph (4), by inserting ``, or an eligible 
     dependent child,'' after ``former spouse'';
       (4) in paragraph (5), by inserting ``, or the dependent 
     child,'' after ``former spouse''; and
       (5) in paragraph (6), by inserting ``, or to a dependent 
     child,'' after ``former spouse''.
       (b) Effective Date.--A court order authorized by the 
     amendments made by this section may not provide for a payment 
     attributable to any period before the date of the enactment 
     of this Act, or the date of the court order, whichever is 
     later.

     SEC. 666. COMPTROLLER GENERAL REPORT ON ACTUARIAL SOUNDNESS 
                   OF THE SURVIVOR BENEFIT PLAN.

       (a) Report.--Not later than July 31, 2006, the Comptroller 
     General shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report on the 
     actuarial soundness of the Survivor Benefit Plan program 
     under subchapter II of chapter 73 of title 10, United States 
     Code.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the implications for the actuarial 
     soundness of the Survivor Benefit Plan program of recent 
     improvements to that program, including the implications of 
     such improvements for the actuarial soundness of that program 
     with respect to various categories of participants in the 
     program and with respect to the program as a whole.
       (2) An assessment of the implications for Government 
     contributions and payments to the Survivor Benefit Plan 
     program of the improvements to that program covered by 
     paragraph (1), including the implications of such 
     improvements on such contributions and payments with respect 
     to various categories of participants in the program and with 
     respect to the program as a whole.
       (3) An assessment of the implications for the actuarial 
     soundness of the Survivor Benefit Plan program, and for 
     Government contributions and payments to that program, of--
       (A) enactment of a law permitting participants in that 
     program to designate an insurable interest beneficiary if a 
     previously designated beneficiary dies; and
       (B) enactment of a law repealing the provisions of sections 
     1450(c) and 1451(c)(2) of title 10, United States Code, that 
     require the reduction of an annuity paid to a beneficiary 
     under that program by the amount of dependency and indemnity 
     compensation paid to the same beneficiary under section 
     1311(a) of title 38, United States Code.
       (c) Government Contributions.--In making the assessments 
     under paragraphs (2) and (3) of subsection (b), the 
     Comptroller General, in considering the Government 
     contributions to the Survivor Benefit Plan program, shall 
     consider both the Government's normal cost contributions 
     under the program and the Government's payments to amortize 
     unfunded liability under the program.
    Subtitle E--Commissary and Nonappropriated Fund Instrumentality 
                                Benefits

     SEC. 671. INCREASE IN AUTHORIZED LEVEL OF SUPPLIES AND 
                   SERVICES PROCUREMENT FROM OVERSEAS EXCHANGE 
                   STORES.

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

     SEC. 672. REQUIREMENTS FOR PRIVATE OPERATION OF COMMISSARY 
                   STORE FUNCTIONS.

       Section 2485(a)(2) of title 10, United States Code, is 
     amended by adding at the end the following new sentence: 
     ``Until December 31, 2008,

[[Page H12792]]

     the Defense Commissary Agency is not required to conduct any 
     cost-comparison study under the policies and procedures of 
     Office of Management and Budget Circular A-76 relating to the 
     possible contracting out of commissary store functions.''.

     SEC. 673. PROVISION OF AND PAYMENT FOR OVERSEAS 
                   TRANSPORTATION SERVICES FOR COMMISSARY AND 
                   EXCHANGE SUPPLIES AND PRODUCTS.

       Section 2643 of title 10, United States Code, is amended--
       (1) by inserting ``(a) Transportation Options.--'' before 
     ``The Secretary'';
       (2) in the first sentence, by striking ``by sea without 
     relying on the Military Sealift Command'' and inserting ``to 
     destinations outside the continental United States without 
     relying on the Air Mobility Command, the Military Sealift 
     Command,'';
       (3) in the second sentence, by striking ``transportation 
     contracts'' and inserting ``contracts for sea-borne 
     transportation''; and
       (4) by adding at the end the following new subsection:
       ``(b) Payment of Transportation Costs.--Section 2483(b)(5) 
     of this title, regarding the use of appropriated funds to 
     cover the expenses of operating commissary stores, shall 
     apply to the transportation of commissary supplies and 
     products. Appropriated funds for the Department of Defense 
     shall also be used to cover the expenses of transporting 
     exchange supplies and products to destinations outside the 
     continental United States.''.

     SEC. 674. COMPENSATORY TIME OFF FOR CERTAIN NONAPPROPRIATED 
                   FUND EMPLOYEES.

       Section 5543 of title 5, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d)(1) The appropriate Secretary may, on request of an 
     employee of a nonappropriated fund instrumentality of the 
     Department of Defense or the Coast Guard described in section 
     2105(c), grant such employee compensatory time off from duty 
     instead of overtime pay for overtime work.
       ``(2) For purposes of this subsection, the term 
     `appropriate Secretary' means--
       ``(A) with respect to an employee of a nonappropriated fund 
     instrumentality of the Department of Defense, the Secretary 
     of Defense; and
       ``(B) with respect to an employee of a nonappropriated fund 
     instrumentality of the Coast Guard, the Secretary of the 
     Executive department in which it is operating.''.

     SEC. 675. REST AND RECUPERATION LEAVE PROGRAMS.

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

     SEC. 681. TEMPORARY ARMY AUTHORITY TO PROVIDE ADDITIONAL 
                   RECRUITMENT INCENTIVES.

       (a) Authority to Develop and Provide Recruitment 
     Incentives.--The Secretary of the Army may develop and 
     provide incentives not otherwise authorized by law to 
     encourage individuals to accept commissions as officers or to 
     enlist in the Army.
       (b) Relation to Other Personnel Authorities.--A recruitment 
     incentive developed under subsection (a) may be provided--
       (1) without regard to the lack of specific authority for 
     the incentive under title 10 or 37, United States Code; and
       (2) notwithstanding any provision of such titles, or any 
     rule or regulation prescribed under such provision, relating 
     to methods of--
       (A) determining requirements for, and the compensation of, 
     members of the Army who are assigned duty as military 
     recruiters; or
       (B) providing incentives to individuals to accept 
     commissions or enlist in the Army, including the provision of 
     group or individual bonuses, pay, or other incentives.
       (c) Waiver of Otherwise Applicable Laws.--A provision of 
     title 10 or 37, United States Code, may not be waived with 
     respect to, or otherwise determined to be inapplicable to, 
     the provision of a recruitment incentive developed under 
     subsection (a) without the approval of the Secretary of 
     Defense.
       (d) Notice and Wait Requirement.--A recruitment incentive 
     developed under subsection (a) may not be provided to 
     individuals until--
       (1) the Secretary of the Army submits to Congress, the 
     appropriate elements of the Department of Defense, and the 
     Comptroller General a plan that includes--
       (A) a description of the incentive, including the purpose 
     of the incentive and the potential recruits to be addressed 
     by the incentive;
       (B) a description of the provisions of titles 10 and 37, 
     United States Code, from which the incentive would require a 
     waiver and the rationale to support the waiver;
       (C) a statement of the anticipated outcomes as a result of 
     providing the incentive; and
       (D) the method to be used to evaluate the effectiveness of 
     the incentive; and
       (2) a 45-day period beginning on the date on which the plan 
     was received by Congress expires.
       (e) Limitation on Number of Incentives.--Not more than four 
     recruitment incentives may be provided under the authority of 
     this section.
       (f) Limitation on Number of Individuals Receiving 
     Incentives.--The number of individuals who receive one or 
     more of the recruitment incentives provided under subsection 
     (a) during a fiscal year may not exceed the number of 
     individuals equal to 20 percent of the accession mission of 
     the Army for that fiscal year.
       (g) Duration of Developed Incentive.--A recruitment 
     incentive developed under subsection (a) may be provided for 
     not longer than a three-year period beginning on the date on 
     which the incentive is first provided, except that the 
     Secretary of the Army may extend the period if the Secretary 
     determines that additional time is needed to fully evaluate 
     the effectiveness of the incentive.
       (h) Reporting Requirements.--
       (1) Secretary of the army report.--The Secretary of the 
     Army shall submit to Congress an annual report on the 
     recruitment incentives provided under subsection (a) during 
     the preceding year, including--
       (A) a description of the incentives provided under 
     subsection (a) during that fiscal year; and
       (B) an assessment of the impact of the incentives on the 
     recruitment of individuals as officers or enlisted members.
       (2) Comptroller general report.--As soon as practicable 
     after receipt of each plan under subsection (d), the 
     Comptroller General shall submit to Congress a report 
     evaluating the expected outcomes of the recruitment incentive 
     covered by the plan in terms of cost effectiveness and 
     mission achievement.
       (i) Termination of Authority to Provide Incentives.--
     Notwithstanding subsection (g), the authority to provide 
     recruitment incentives under this section expires on December 
     31, 2009.

     SEC. 682. CLARIFICATION OF LEAVE ACCRUAL FOR MEMBERS ASSIGNED 
                   TO A DEPLOYABLE SHIP OR MOBILE UNIT OR OTHER 
                   DUTY.

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

     SEC. 683. EXPANSION OF AUTHORITY TO REMIT OR CANCEL 
                   INDEBTEDNESS OF MEMBERS OF THE ARMED FORCES 
                   INCURRED ON ACTIVE DUTY.

       (a) Indebtedness of Members of the Army.--
       (1) Authority.--Section 4837 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 4837. Settlement of accounts: remission or 
       cancellation of indebtedness of members

       ``(a) In General.--If the Secretary considers it to be in 
     the best interest of the United States, the Secretary may 
     have remitted or cancelled any part of the indebtedness of a 
     member of the Army on active duty, or a member of a reserve 
     component of the Army in an active status, to the United 
     States or any instrumentality of the United States incurred 
     while the member was serving on active duty.
       ``(b) Period of Exercise of Authority.--The Secretary may 
     exercise the authority in subsection (a) with respect to a 
     member--
       ``(1) while the member is on active duty or in active 
     status, as the case may be;
       ``(2) if discharged from the armed forces under honorable 
     conditions, during the one-year period beginning on the date 
     of such discharge; or
       ``(3) if released from active status in a reserve 
     component, during the one-year period beginning on the date 
     of such release.
       ``(c) Retroactive Applicability to Certain Debts.--The 
     authority in subsection (a) may be exercised with respect to 
     any debt covered by that subsection that is incurred on or 
     after October 7, 2001.
       ``(d) Regulations.--This section shall be administered 
     under regulations prescribed by the Secretary of Defense.''.
       (2) Clerical amendment.--The item relating to that section 
     in the table of sections at the beginning of chapter 453 of 
     such title is amended by striking the penultimate word.
       (3) Termination.--The amendments made by this subsection 
     shall terminate on December 31, 2007. Effective on that date, 
     section 4873 of title 10, United States Code, as in effect on 
     the day before the date of the enactment of this Act shall be 
     revived.
       (b) Indebtedness of Members of the Navy.--
       (1) Authority.--Section 6161 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 6161. Settlement of accounts: remission or 
       cancellation of indebtedness of members

       ``(a) In General.--If the Secretary of the Navy considers 
     it to be in the best interest of the United States, the 
     Secretary may have remitted or cancelled any part of the 
     indebtedness of a member of the Navy on active duty, or a 
     member of a reserve component of the Navy in an active 
     status, to the United States or any instrumentality of the 
     United States incurred while the member was serving on active 
     duty.

[[Page H12793]]

       ``(b) Period of Exercise of Authority.--The Secretary of 
     the Navy may exercise the authority in subsection (a) with 
     respect to a member--
       ``(1) while the member is on active duty or in active 
     status, as the case may be;
       ``(2) if discharged from the armed forces under honorable 
     conditions, during the one-year period beginning on the date 
     of such discharge; or
       ``(3) if released from active status in a reserve 
     component, during the one-year period beginning on the date 
     of such release.
       ``(c) Retroactive Applicability to Certain Debts.--The 
     authority in subsection (a) may be exercised with respect to 
     any debt covered by that subsection that is incurred on or 
     after October 7, 2001.
       ``(d) Regulations.--This section shall be administered 
     under regulations prescribed by the Secretary of Defense.''.
       (2) Clerical amendment.--The item relating to that section 
     in the table of sections at the beginning of chapter 561 of 
     such title is amended by striking the penultimate word.
       (3) Termination.--The amendments made by this subsection 
     shall terminate on December 31, 2007. Effective on that date, 
     section 6161 of title 10, United States Code, as in effect on 
     the day before the date of the enactment of this Act shall be 
     revived.
       (c) Indebtedness of Members of the Air Force.--
       (1) Authority.--Section 9837 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 9837. Settlement of accounts: remission or 
       cancellation of indebtedness of members

       ``(a) In General.--If the Secretary considers it to be in 
     the best interest of the United States, the Secretary may 
     have remitted or cancelled any part of the indebtedness of a 
     member of the Air Force on active duty, or a member of a 
     reserve component of the Air Force in an active status, to 
     the United States or any instrumentality of the United States 
     incurred while the member was serving on active duty.
       ``(b) Period of Exercise of Authority.--The Secretary may 
     exercise the authority in subsection (a) with respect to a 
     member--
       ``(1) while the member is on active duty or in active 
     status, as the case may be;
       ``(2) if discharged from the armed forces under honorable 
     conditions, during the one-year period beginning on the date 
     of such discharge; or
       ``(3) if released from active status in a reserve 
     component, during the one-year period beginning on the date 
     of such release.
       ``(c) Retroactive Applicability to Certain Debts.--The 
     authority in subsection (a) may be exercised with respect to 
     any debt covered by that subsection that is incurred on or 
     after October 7, 2001.
       ``(d) Regulations.--This section shall be administered 
     under regulations prescribed by the Secretary of Defense.''.
       (2) Clerical amendment.--The item relating to that section 
     in the table of sections at the beginning of chapter 953 of 
     such title is amended by striking the penultimate word.
       (3) Termination.--The amendments made by this subsection 
     shall terminate on December 31, 2007. Effective on that date, 
     section 9873 of title 10, United States Code, as in effect on 
     the day before the date of the enactment of this Act shall be 
     revived.

     SEC. 684. LOAN REPAYMENT PROGRAM FOR CHAPLAINS IN THE 
                   SELECTED RESERVE.

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

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

       ``(a) Authority to Repay Education Loans.--For purposes of 
     maintaining adequate numbers of chaplains in the Selected 
     Reserve, the Secretary concerned may repay a loan that was 
     obtained by a person who--
       ``(1) satisfies the requirements for accessioning and 
     commissioning of chaplains, as prescribed in regulations;
       ``(2) holds, or is fully qualified for, an appointment as a 
     chaplain in a reserve component of an armed force; and
       ``(3) signs a written agreement with the Secretary 
     concerned to serve not less than three years in the Selected 
     Reserve.
       ``(b) Exception for Chaplain Candidate Program.--A person 
     accessioned into the Chaplain Candidate Program is not 
     eligible for the repayment of a loan under subsection (a).
       ``(c) Loan Repayment Process; Maximum Amount.--(1) Subject 
     to paragraph (2), the repayment of a loan under subsection 
     (a) may consist of the payment of the principal, interest, 
     and related expenses of the loan.
       ``(2) The amount of any repayment of a loan made under 
     subsection (a) 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 (a)(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 the agreement. The balance of such amount 
     shall be payable at such time or times as are prescribed in 
     regulations.
       ``(d) Effect of Failure to Complete Obligation.--If a 
     person on whose behalf a loan is repaid under subsection (a) 
     fails to commence or complete the period of obligated service 
     specified in the agreement described in subsection (a)(3), 
     the Secretary concerned may require the person to pay the 
     United States an amount equal to the amount of the loan 
     repayments made on behalf of the person in connection with 
     the agreement.
       ``(e) Regulations.--The Secretary of Defense shall 
     prescribe regulations to carry out this section.''.
       (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. Loan repayment program: chaplains serving in the Selected 
              Reserve.''.

     SEC. 685. INCLUSION OF SENIOR ENLISTED ADVISOR FOR THE 
                   CHAIRMAN OF THE JOINT CHIEFS OF STAFF AMONG 
                   SENIOR ENLISTED MEMBERS OF THE ARMED FORCES.

       (a) Basic Pay Rate.--
       (1) Equal treatment.--The rate of basic pay for an enlisted 
     member in the grade E-9 while serving as Senior Enlisted 
     Advisor for the Chairman of the Joint Chiefs of Staff shall 
     be the same as the rate of basic pay for an enlisted member 
     in that grade while serving as Sergeant Major of the Army, 
     Master Chief Petty Officer of the Navy, Chief Master Sergeant 
     of the Air Force, Sergeant Major of the Marine Corps, or 
     Master Chief Petty Officer of the Coast Guard, regardless of 
     cumulative years of service computed under section 205 of 
     title 37, United States Code.
       (2) Effective date.--Paragraph (1) shall apply beginning on 
     the date on which an enlisted member of the Armed Forces is 
     first appointed to serve as Senior Enlisted Advisor for the 
     Chairman of the Joint Chiefs of Staff.
       (b) Pay During Terminal Leave or While Hospitalized.--
     Section 210(c) of title 37, United States Code, is amended by 
     adding at the end the following new paragraph:
       ``(6) The Senior Enlisted Advisor for the Chairman of the 
     Joint Chiefs of Staff.''.
       (c) Personal Money Allowance.--Section 414(c) of such title 
     is amended--
       (1) by striking ``or'' after ``Sergeant Major of the Marine 
     Corps,''; and
       (2) by inserting before the period at the end the 
     following: ``, or the Senior Enlisted Advisor for the 
     Chairman of the Joint Chiefs of Staff''.
       (d) Retired Pay Base.--Section 1406(i)(3)(B) of title 10, 
     United States Code, is amended by adding at the end the 
     following new clause:
       ``(vi) Senior Enlisted Advisor for the Chairman of the 
     Joint Chiefs of Staff.''.

     SEC. 686. SPECIAL AND INCENTIVE PAYS CONSIDERED FOR SAVED PAY 
                   UPON APPOINTMENT OF MEMBERS AS OFFICERS.

       (a) Inclusion and Exclusion of Certain Pay Types.--
     Subsection (d) of section 907 of title 37, United States 
     Code, is amended to read as follows:
       ``(d)(1) In determining the amount of the pay and 
     allowances of a grade formerly held by an officer, the 
     following special and incentive pays may be considered only 
     so long as the officer continues to perform the duty that 
     creates the entitlement to, or eligibility for, that pay and 
     would otherwise be eligible to receive that pay in the former 
     grade:
       ``(A) Incentive pay for hazardous duty under section 301 of 
     this title.
       ``(B) Submarine duty incentive pay under section 301c of 
     this title.
       ``(C) Special pay for diving duty under section 304 of this 
     title.
       ``(D) Hardship duty pay under section 305 of this title.
       ``(E) Career sea pay under section 305a of this title.
       ``(F) Special pay for service as a member of a Weapons of 
     Mass Destruction Civil Support Team under section 305b of 
     this title.
       ``(G) Assignment incentive pay under section 307a of this 
     title.
       ``(H) Special pay for duty subject to hostile fire or 
     imminent danger under section 310 of this title.
       ``(I) Special pay or bonus for an extension of duty at a 
     designated overseas location under section 314 of this title.
       ``(J) Foreign language proficiency pay under section 316 of 
     this title.
       ``(K) Critical skill retention bonus under section 323 of 
     this title.
       ``(2) The following special and incentive pays are 
     dependent on a member being in an enlisted status and may not 
     be considered in determining the amount of the pay and 
     allowances of a grade formerly held by an officer:
       ``(A) Special duty assignment pay under section 307 of this 
     title.
       ``(B) Reenlistment bonus under section 308 of this title.
       ``(C) Enlistment bonus under section 309 of this title.
       ``(D) Career enlisted flyer incentive pay under section 320 
     of this title.''.
       (b) Stylistic Amendments.--Such section is further 
     amended--
       (1) in subsections (a) and (b)--
       (A) by striking ``he'' each place it appears and inserting 
     ``the officer''; and
       (B) by striking ``his appointment'' each place it appears 
     and inserting ``the appointment''; and
       (2) in subsection (c)(2), by striking ``he'' and inserting 
     ``the officer''.
       (c) Effective Date.--Subsection (d) of section 907 of title 
     37, United States Code, as amended by subsection (a), shall 
     apply with respect to any acceptance by an enlisted member of 
     the Armed Forces of an appointment as an officer made on or 
     after the date of the enactment of this Act.

     SEC. 687. REPAYMENT OF UNEARNED PORTION OF BONUSES, SPECIAL 
                   PAYS, AND EDUCATIONAL BENEFITS.

       (a) Repayment of Unearned Portion of Bonuses and Other 
     Benefits.--
       (1) Uniform repayment provision.--Section 303a of title 37, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(e) Repayment of Unearned Portion of Bonuses and Other 
     Benefits When Conditions of Payment not Met.--(1) A member of

[[Page H12794]]

     the uniformed services who receives a bonus or similar 
     benefit and whose receipt of the bonus or similar benefit is 
     subject to the condition that the member continue to satisfy 
     certain eligibility requirements shall repay to the United 
     States an amount equal to the unearned portion of the bonus 
     or similar benefit if the member fails to satisfy the 
     requirements, except in certain circumstances authorized by 
     the Secretary concerned.
       ``(2) The Secretary concerned may establish, by 
     regulations, procedures for determining the amount of the 
     repayment required under this subsection and the 
     circumstances under which an exception to the required 
     repayment may be granted. The Secretary concerned may specify 
     in the regulations the conditions under which an installment 
     payment of a bonus or similar benefit to be paid to a member 
     of the uniformed services will not be made if the member no 
     longer satisfies the eligibility requirements for the bonus 
     or similar benefit. For the military departments, this 
     subsection shall be administered under regulations prescribed 
     by the Secretary of Defense.
       ``(3) An obligation to repay the United States under this 
     subsection is, for all purposes, a debt owed the United 
     States. A discharge in bankruptcy under title 11 does not 
     discharge a person from such debt if the discharge order is 
     entered less than five years after--
       ``(A) the date of the termination of the agreement or 
     contract on which the debt is based; or
       ``(B) in the absence of such an agreement or contract, the 
     date of the termination of the service on which the debt is 
     based.
       ``(4) In this subsection:
       ``(A) The term `bonus or similar benefit' means a bonus, 
     incentive pay, special pay, or similar payment, or an 
     educational benefit or stipend, paid to a member of the 
     uniformed services under a provision of law that refers to 
     the repayment requirements of this subsection.
       ``(B) The term `service', as used in paragraph (3)(B), 
     refers to an obligation willingly undertaken by a member of 
     the uniformed services, in exchange for a bonus or similar 
     benefit offered by the Secretary of Defense or the Secretary 
     concerned--
       ``(i) to remain on active duty or in an active status in a 
     reserve component;
       ``(ii) to perform duty in a specified skill, with or 
     without a specified qualification or credential;
       ``(iii) to perform duty at a specified location; or
       ``(iv) to perform duty for a specified period of time.''.
       (2) Applicability to title 11 cases.--In the case of a 
     provision of law amended by subsection (b), (c), or (d) of 
     this section, paragraph (3) of subsection (a) of section 303a 
     of title 37, United States Code, as added by this subsection, 
     shall apply to any case commenced under title 11, United 
     States Code, after March 30, 2006.
       (b) Conforming Amendments to Title 37.--
       (1) Aviation career officer retention bonus.--Subsection 
     (g) of section 301b of title 37, United States Code, is 
     amended to read as follows:
       ``(g) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement entered into 
     under subsection (a) shall be subject to the repayment 
     provisions of section 303a(e) of this title.''.
       (2) Medical officer multiyear retention bonus.--Subsection 
     (c) of section 301d of such title is amended to read as 
     follows:
       ``(c) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement entered into 
     under subsection (a) shall be subject to the repayment 
     provisions of section 303a(e) of this title.''.
       (3) Dental officer multiyear retention bonus.--Subsection 
     (d) of section 301e of such title is amended to read as 
     follows:
       ``(d) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement entered into 
     under subsection (a) shall be subject to the repayment 
     provisions of section 303a(e) of this title.''.
       (4) Medical officer special pay.--Section 302 of such title 
     is amended--
       (A) in subsection (c)(2), by striking the second sentence 
     and inserting the following new sentence: ``If such 
     entitlement is terminated, the officer concerned shall be 
     subject to the repayment provisions of section 303a(e) of 
     this title.''; and
       (B) by striking subsection (f) and inserting the following 
     new subsection:
       ``(f) Repayment.--An officer who does not complete the 
     period for which the payment was made under subsection (a)(4) 
     or subsection (b)(1) shall be subject to the repayment 
     provisions of section 303a(e) of this title.''.
       (5) Optometrist retention special pay.--Paragraph (4) of 
     section 302a(b) of such title is amended to read as follows:
       ``(4) The Secretary concerned may terminate at any time the 
     eligibility of an officer to receive retention special pay 
     under paragraph (1). An officer who does not complete the 
     period for which the payment was made under paragraph (1) 
     shall be subject to the repayment provisions of section 
     303a(e) of this title.''.
       (6) Dental officer special pay.--Section 302b of such title 
     is amended--
       (A) in subsection (b)(2), by striking the second sentence 
     and inserting the following new sentence: ``If such 
     entitlement is terminated, the officer concerned shall be 
     subject to the repayment provisions of section 303a(e) of 
     this title.'';
       (B) by striking subsection (e) and inserting the following 
     new subsection (e):
       ``(e) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement referred to 
     in subsection (b) shall be subject to the repayment 
     provisions of section 303a(e) of this title.'';
       (C) by striking subsection (f); and
       (D) by redesignating subsections (g) and (h) as subsections 
     (f) and (g), respectively.
       (7) Accession bonus for registered nurses.--Subsection (d) 
     of section 302d of such title is amended to read as follows:
       ``(d) Repayment.--An officer who does not become and remain 
     licensed as a registered nurse during the period for which 
     the payment is made, or who does not complete the period of 
     active duty specified in the agreement entered into under 
     subsection (a), shall be subject to the repayment provisions 
     of section 303a(e) of this title.''.
       (8) Nurse anesthetist special pay.--Section 302e of such 
     title is amended--
       (A) in subsection (c), by striking the last sentence and 
     inserting the following new sentence: ``If such entitlement 
     is terminated, the officer concerned shall be subject to the 
     repayment provisions of section 303a(e) of this title.''; and
       (B) by striking subsection (e) and inserting the following 
     new subsection:
       ``(e) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement entered into 
     under subsection (a) shall be subject to the repayment 
     provisions of section 303a(e) of this title.''.
       (9) Reserve, recalled, or retained health care officers 
     special pay.--Section 302f(c) of such title is amended by 
     striking ``refund'' and inserting ``repay in the manner 
     provided in section 303a(e) of this title''.
       (10) Selected reserve health care professionals in 
     critically short wartime specialties special pay.--Section 
     302g of such title is amended--
       (A) by striking subsections (d) and (e);
       (B) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Repayment.--An officer who does not complete the 
     period of service in the Selected Reserve specified in the 
     agreement entered into under subsection (a) shall be subject 
     to the repayment provisions of section 303a(e) of this 
     title.''; and
       (C) by redesignating subsection (f), as amended by section 
     622(e), as subsection (e).
       (11) Accession bonus for dental officers.--Subsection (d) 
     of section 302h of such title is amended to read as follows:
       ``(d) Repayment.--A person who, after signing an agreement 
     under subsection (a), is not commissioned as an officer of 
     the armed forces, does not become licensed as a dentist, or 
     does not complete the period of active duty specified in the 
     agreement shall be subject to the repayment provisions of 
     section 303a(e) of this title.''.
       (12) Accession bonus for pharmacy officers.--Subsection (e) 
     of section 302j of such title is amended to read as follows:
       ``(e) Repayment.--A person who, after signing an agreement 
     under subsection (a), is not commissioned as an officer of 
     the armed forces, does not become and remain certified or 
     licensed as a pharmacist, or does not complete the period of 
     active duty specified in the agreement shall be subject to 
     the repayment provisions of section 303a(e) of this title.''.
       (13) Assignment incentive pay.--Subsection (d) of section 
     307a of such title, as added by section 628(c), is amended to 
     read as follows:
       ``(d) Repayment.--A member who enters into an agreement 
     under this section and receives incentive pay under the 
     agreement in a lump sum or installments, but who fails to 
     complete the period of service covered by the payment, 
     whether voluntarily or because of misconduct, shall be 
     subject to the repayment provisions of section 303a(e) of 
     this title.''.
       (14) Reenlistment bonus for active members.--Subsection (d) 
     of section 308 of such title is amended to read as follows:
       ``(d) A member who does not complete the term of enlistment 
     for which a bonus was paid to the member under this section, 
     or a member who is not technically qualified in the skill for 
     which a bonus was paid to the member under this section, 
     shall be subject to the repayment provisions of section 
     303a(e) of this title.''.
       (15) Reenlistment bonus for selected reserve.--Subsection 
     (d) of section 308b of such title is amended to read as 
     follows:
       ``(d) Repayment.--A member who does not complete the term 
     of enlistment in the element of the Selected Reserve for 
     which the bonus was paid to the member under this section 
     shall be subject to the repayment provisions of section 
     303a(e) of this title.''.
       (16) Selected reserve affiliation or enlistment bonus.--
     Section 308c of such title, as amended by section 631, is 
     further amended by striking subsection (g) and inserting the 
     following new subsection:
       ``(g) Repayment.--A person who enters into an agreement 
     under subsection (a) or (c) and receives all or part of the 
     bonus under the agreement, but who does not commence to serve 
     in the Selected Reserve or does not satisfactorily 
     participate in the Selected Reserve for the total period of 
     service specified in the agreement, shall be subject to the 
     repayment provisions of section 303a(e) of this title.''.
       (17) Ready reserve enlistment bonus.--Section 308g of such 
     title is amended--
       (A) by striking subsection (d) and inserting the following 
     new subsection:
       ``(d) A person who does not serve satisfactorily in the 
     element of the Ready Reserve in the combat or combat support 
     skill for the period for which the bonus was paid under this 
     section shall be subject to the repayment provisions of 
     section 303a(e) of this title.'';
       (B) by striking subsections (e) and (f); and
       (C) by redesignating subsections (g) and (h), as amended by 
     section 621(c), as subsections (e) and (f), respectively.
       (18) Ready reserve reenlistment, enlistment, and voluntary 
     extension of enlistment bonus.--Section 308h of such title is 
     amended--
       (A) by striking subsection (c) and inserting the following 
     new subsection:
       ``(c) Repayment.--A person who does not complete the period 
     of enlistment or extension of

[[Page H12795]]

     enlistment for which the bonus was paid under this section 
     shall be subject to the repayment provisions of section 
     303a(e) of this title.'';
       (B) by striking subsections (d) and (e); and
       (C) by redesignating subsections (f) and (g), as amended by 
     section 621(d), as subsections (d) and (e), respectively.
       (19) Prior service enlistment bonus.--Subsection (d) of 
     section 308i of such title is amended to read as follows:
       ``(d) Repayment.--A person who receives a bonus payment 
     under this section and who, during the period for which the 
     bonus was paid, does not serve satisfactorily in the element 
     of the Selected Reserve with respect to which the bonus was 
     paid shall be subject to the repayment provisions of section 
     303a(e) of this title.''.
       (20) Enlistment bonus.--Subsection (b) of section 309 of 
     such title is amended to read as follows:
       ``(b) Repayment.--A member who does not complete the term 
     of enlistment for which a bonus was paid to the member under 
     this section, or a member who is not technically qualified in 
     the skill for which a bonus was paid to the member under this 
     section, shall be subject to the repayment provisions of 
     section 303a(e) of this title.''.
       (21) Special pay for nuclear-qualified officers extending 
     active duty.--Subsection (b) of section 312 of such title is 
     amended to read as follows:
       ``(b) An officer who does not complete the period of active 
     duty in connection with the supervision, operation, and 
     maintenance of naval nuclear propulsion plants that the 
     officer agreed to serve, and for which a payment was made 
     under subsection (a) or subsection (d)(1), shall be subject 
     to the repayment provisions of section 303a(e) of this 
     title.''.
       (22) Nuclear career accession bonus.--Paragraph (2) of 
     section 312b(a) of such title is amended to read as follows:
       ``(2) An officer who does not commence or complete 
     satisfactorily the nuclear power training specified in the 
     agreement under paragraph (1) shall be subject to the 
     repayment provisions of section 303a(e) of this title.''.
       (23) Enlisted members extending duty at designated 
     locations overseas.--Subsection (d) of section 314 of such 
     title is amended to read as follows:
       ``(d) Repayment.--A member who, having entered into a 
     written agreement to extend a tour of duty for a period under 
     subsection (a), receives a bonus payment under subsection 
     (b)(2) for a 12-month period covered by the agreement and 
     ceases during that 12-month period to perform the agreed tour 
     of duty shall be subject to the repayment provisions of 
     section 303a(e) of this title.''.
       (24) Engineering and scientific career continuation pay.--
     Subsection (c) of section 315 of such title is amended to 
     read as follows:
       ``(c) An officer who, having entered into a written 
     agreement under subsection (b) and having received all or 
     part of a bonus under this section, does not complete the 
     period of active duty as specified in the agreement shall be 
     subject to the repayment provisions of section 303a(e) of 
     this title.''.
       (25) Foreign language proficiency pay.--Subsection (e) of 
     section 316 of such title, as added by section 639(c), is 
     amended to read as follows:
       ``(e) Repayment.--A member who receives a bonus under this 
     section, but who does not satisfy an eligibility requirement 
     specified in paragraph (1), (2), (3), or (4) of subsection 
     (a) for the entire certification period, shall be subject to 
     the repayment provisions of section 303a(e) of this title.''.
       (26) Critical acquisition positions.--Subsection (f) of 
     section 317 of such title is amended to read as follows:
       ``(f) Repayment.--An officer who, having entered into a 
     written agreement under subsection (a) and having received 
     all or part of a bonus under this section, does not complete 
     the period of active duty as specified in the agreement shall 
     be subject to the repayment provisions of section 303a(e) of 
     this title.''.
       (27) Special warfare officers extending period of active 
     duty.--Subsection (h) of section 318 of such title is amended 
     to read as follows:
       ``(h) Repayment.--An officer who, having entered into a 
     written agreement under subsection (b) and having received 
     all or part of a bonus under this section, does not complete 
     the period of active duty in special warfare service as 
     specified in the agreement shall be subject to the repayment 
     provisions of section 303a(e) of this title.''.
       (28) Surface warfare officers extending period of active 
     duty.--Subsection (f) of section 319 of such title is amended 
     to read as follows:
       ``(f) Repayment.--An officer who, having entered into a 
     written agreement under subsection (b) and having received 
     all or part of a bonus under this section, does not complete 
     the period of active duty as a department head on a surface 
     vessel as specified in the agreement, shall be subject to the 
     repayment provisions of section 303a(e) of this title.''.
       (29) Judge advocate continuation pay.--Subsection (f) of 
     section 321 of such title is amended to read as follows:
       ``(f) Repayment.--An officer who has entered into a written 
     agreement under subsection (b) and has received all or part 
     of the amount payable under the agreement but who does not 
     complete the total period of active duty specified in the 
     agreement, shall be subject to the repayment provisions of 
     section 303a(e) of this title.''.
       (30) 15-year career status bonus.--Subsection (f) of 
     section 322 of such title is amended to read as follows:
       ``(f) Repayment.--If a person paid a bonus under this 
     section does not complete a period of active duty beginning 
     on the date on which the election of the person under 
     paragraph (1) of subsection (a) is received and ending on the 
     date on which the person completes 20 years of active duty 
     service as described in paragraph (2) of such subsection, the 
     person shall be subject to the repayment provisions of 
     section 303a(e) of this title.''.
       (31) Critical military skills retention bonus.--Subsection 
     (g) of section 323 of such title, as amended by section 
     640(e), is amended to read as follows:
       ``(g) Repayment.--A member paid a bonus under this section 
     who fails, during the period of service covered by the 
     member's agreement, reenlistment, or voluntary extension of 
     enlistment under subsection (a), to remain qualified in the 
     critical military skill or to satisfy the other eligibility 
     criteria for which the bonus was paid shall be subject to the 
     repayment provisions of section 303a(e) of this title.''.
       (32) Accession bonus for new officers in critical skills.--
     Subsection (f) of section 324 of such title is amended to 
     read as follows:
       ``(f) Repayment.--An individual who, having received all or 
     part of the bonus under an agreement referred to in 
     subsection (a), is not thereafter commissioned as an officer 
     or does not commence or complete the total period of active 
     duty service specified in the agreement shall be subject to 
     the repayment provisions of section 303a(e) of this title.''.
       (33) Savings plan for education expenses and other 
     contingencies.--Subsection (g) of section 325 of such title 
     is amended to read as follows:
       ``(g) Repayment.--If a person does not complete the 
     qualifying service for which the person is obligated under a 
     commitment for which a benefit has been paid under this 
     section, the person shall be subject to the repayment 
     provisions of section 303a(e) of this title.''.
       (34) Incentive bonus for conversion to military 
     occupational specialty.--Subsection (e) of section 326 of 
     such title is amended to read as follows:
       ``(e) Repayment.--A member who does not convert to and 
     complete the period of service in the military occupational 
     specialty specified in the agreement executed under 
     subsection (a) shall be subject to the repayment provisions 
     of section 303a(e) of this title.''.
       (35) Transfer between armed forces incentive bonus.--
     Section 327 of such title, as added by section 641, is 
     amended by striking subsection (f) and inserting the 
     following new subsection:
       ``(f) Repayment.--A member who is paid a bonus under an 
     agreement under this section and who, voluntarily or because 
     of misconduct, fails to serve for the period covered by such 
     agreement shall be subject to the repayment provisions of 
     section 303a(e) of this title.''.
       (c) Conforming Amendments to Title 10.--
       (1) Enlistment incentives for pursuit of skills to 
     facilitate national service.--Subsection (i) of section 510 
     of title 10, United States Code, is amended to read as 
     follows:
       ``(i) Repayment.--If a National Call to Service participant 
     who has entered into an agreement under subsection (b) and 
     received or benefitted from an incentive under paragraph (1) 
     or (2) of subsection (e) fails to complete the total period 
     of service specified in the agreement, the National Call to 
     Service participant shall be subject to the repayment 
     provisions of section 303a(e) of title 37.''.
       (2) Advanced education assistance.--Section 2005 of such 
     title is amended--
       (A) in subsection (a), by striking paragraph (3) and 
     inserting the following new paragraph:
       ``(3) that if such person does not complete the period of 
     active duty specified in the agreement, or does not fulfill 
     any term or condition prescribed pursuant to paragraph (4), 
     such person shall be subject to the repayment provisions of 
     section 303a(e) of title 37; and'';
       (B) by striking subsections (c), (d), (f), (g) and (h);
       (C) by redesignating subsection (e) as subsection (d); and
       (D) by inserting after subsection (b), the following new 
     subsection:
       ``(c) As a condition of the Secretary concerned providing 
     financial assistance under section 2107 or 2107a of this 
     title to any person, the Secretary concerned shall require 
     that the person enter into the agreement described in 
     subsection (a). In addition to the requirements of paragraphs 
     (1) through (4) of such subsection, the agreement shall 
     specify that, if the person does not complete the education 
     requirements specified in the agreement or does not fulfill 
     any term or condition prescribed pursuant to paragraph (4) of 
     such subsection, the person shall be subject to the repayment 
     provisions of section 303a(e) of title 37 without the 
     Secretary first ordering such person to active duty as 
     provided for under subsection (a)(2) and sections 2107(f) and 
     2107a(f) of this title.''.
       (3) Tuition for off-duty training or education.--Section 
     2007 of such title is amended by adding at the end the 
     following new subsection:
       ``(f) If an officer who enters into an agreement under 
     subsection (b) does not complete the period of active duty 
     specified in the agreement, the officer shall be subject to 
     the repayment provisions of section 303a(e) of title 37.''.
       (4) Failure to complete advanced training or to accept 
     commission.--Section 2105 of such title is amended by adding 
     at the end the following new sentence: ``If the member does 
     not complete the period of active duty prescribed by the 
     Secretary concerned, the member shall be subject to the 
     repayment provisions of section 303a(e) of title 37''.
       (5) Health professions scholarship and financial assistance 
     program for active service.--Section 2123(e)(1)(C) of such 
     title is amended by striking ``equal to'' and all that 
     follows through the period at the end and inserting 
     ``pursuant to the repayment provisions of section 303a(e) of 
     title 37.''.

[[Page H12796]]

       (6) Financial assistance for nurse officer candidates.--
     Subsection (d) of section 2130a of such title is amended to 
     read as follows:
       ``(d) Repayment.--A person who does not complete a nursing 
     degree program in which the person is enrolled in accordance 
     with the agreement entered into under subsection (a), or 
     having completed the nursing degree program, does not become 
     an officer in the Nurse Corps of the Army or the Navy or an 
     officer designated as a nurse officer of the Air Force or 
     commissioned corps of the Public Health Service or does not 
     complete the period of obligated active service required 
     under the agreement, shall be subject to the repayment 
     provisions of section 303a(e) of title 37.''.
       (7) Education loan repayment program.--Subsection (g) of 
     section 2173 of such title is amended--
       (A) by inserting ``(1)'' before ``A commissioned officer''; 
     and
       (B) by adding at the end the following new paragraph:
       ``(2) An officer who does not complete the period of active 
     duty specified in the agreement entered into under subsection 
     (b)(3), or the alternative obligation imposed under paragraph 
     (1), shall be subject to the repayment provisions of section 
     303a(e) of title 37.''.
       (8) Scholarship program for degree program for degree or 
     certification in information assurance.--Section 2200a of 
     such title is amended--
       (A) by striking subsection (e) and inserting the following 
     new subsection:
       ``(e) Repayment for Period of Unserved Obligated Service.--
     (1) A member of an armed force who does not complete the 
     period of active duty specified in the service agreement 
     under section (b) shall be subject to the repayment 
     provisions of section 303a(e) of title 37.
       ``(2) A civilian employee of the Department of Defense who 
     voluntarily terminates service before the end of the period 
     of obligated service required under an agreement entered into 
     under subsection (b) shall be subject to the repayment 
     provisions of section 303a(e) of title 37 in the same manner 
     and to the same extent as if the civilian employee were a 
     member of the armed forces.''.
       (B) by striking subsection (f); and
       (C) by redesignating subsection (g) as subsection (f).
       (9) Army cadet agreement to serve as officer.--Section 4348 
     of such title is amended by adding at the end the following 
     new subsection:
       ``(f) A cadet or former cadet who does not fulfill the 
     terms of the agreement as specified under section (a), or the 
     alternative obligation imposed under subsection (b), shall be 
     subject to the repayment provisions of section 303a(e) of 
     title 37.''.
       (10) Midshipmen agreement for length of service.--Section 
     6959 of such title is amended by adding at the end the 
     following new subsection:
       ``(f) A midshipman or former midshipman who does not 
     fulfill the terms of the agreement as specified under section 
     (a), or the alternative obligation imposed under subsection 
     (b), shall be subject to the repayment provisions of section 
     303a(e) of title 37.''.
       (11) Air force cadet agreement to serve as officer.--
     Section 9348 of such title is amended by adding at the end 
     the following new subsection:
       ``(f) A cadet or former cadet who does not fulfill the 
     terms of the agreement as specified under section (a), or the 
     alternative obligation imposed under subsection (b), shall be 
     subject to the repayment provisions of section 303a(e) of 
     title 37.''.
       (12) Educational assistance for members of selected 
     reserve.--Section 16135 of such title is amended to read as 
     follows:

     ``Sec. 16135. Failure to participate satisfactorily; 
       penalties

       ``(a) Penalties.--At the option of the Secretary concerned, 
     a member of the Selected Reserve of an armed force who does 
     not participate satisfactorily in required training as a 
     member of the Selected Reserve during a term of enlistment or 
     other period of obligated service that created entitlement of 
     the member to educational assistance under this chapter, and 
     during which the member has received such assistance, may--
       ``(1) be ordered to active duty for a period of two years 
     or the period of obligated service the person has remaining 
     under section 16132 of this title, whichever is less; or
       ``(2) be subject to the repayment provisions under section 
     303a(e) of title 37.
       ``(b) Effect of Repayment.--Any repayment under section 
     303a(e) of title 37 shall not affect the period of obligation 
     of a member to serve as a Reserve in the Selected Reserve.''.
       (13) Health professions stipend program penalties and 
     limitations.--Subparagraph (B) of section 16203(a)(1) of such 
     title is amended to read as follows:
       ``(B) to comply with the repayment provisions of section 
     303a(e) of title 37.''.
       (14) Loan repayment program for chaplains serving in 
     selected reserve.--Section 16303 of such title, as added by 
     section 684, is amended by striking subsection (d) and 
     inserting the following new subsection:
       ``(d) Effect of Failure to Complete Obligation.--A person 
     on whose behalf a loan is repaid under subsection (a) who 
     fails to commence or complete the period of obligated service 
     specified in the agreement described in subsection (a)(3) 
     shall be subject to the repayment provisions of section 
     303a(e) of title 37.''.
       (15) College tuition assistance program for marine corps 
     platoon leaders class.--Subsection (f) of section 16401 of 
     such title is amended--
       (A) in paragraph (1), by striking ``may be required to 
     repay the full amount of financial assistance'' and inserting 
     ``shall be subject to the repayment provisions of section 
     303a(e) of title 37''; and
       (B) in paragraph (2), by inserting before ``The Secretary 
     of the Navy'' the following new sentence: ``Any requirement 
     to repay any portion of financial assistance received under 
     this section shall be administered under the regulations 
     issued under section 303a(e) of title 37.''.
       (d) Conforming Amendment to Title 14.--Section 182 of title 
     14, United States Code, is amended by adding at the end the 
     following new subsection:
       ``(g) A cadet or former cadet who does not fulfill the 
     terms of the obligation to serve as specified under section 
     (b), or the alternative obligation imposed under subsection 
     (c), shall be subject to the repayment provisions of section 
     303a(e) of title 37.''.
       (e) Clerical Amendments.--
       (1) Section heading.--The heading of section 303a of title 
     37, United States Code, is amended to read as follows:

     ``Sec. 303a. Special pay: general provisions''.

       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by striking 
     the item relating to section 303a and inserting the following 
     new item:

``303a. Special pay: general provisions.''.

       (f) Continued Application of Current Law to Existing 
     Bonuses.--In the case of any bonus, incentive pay, special 
     pay, or similar payment, such as education assistance or a 
     stipend, which the United States became obligated to pay 
     before April 1, 2006, under a provision of law amended by 
     subsection (b), (c), or (d) of this section, such provision 
     of law, as in effect on the day before the date of the 
     enactment of this Act, shall continue to apply to the 
     payment, or any repayment, of the bonus, incentive pay, 
     special pay, or similar payment under such provision of law.

     SEC. 688. RIGHTS OF MEMBERS OF THE ARMED FORCES AND THEIR 
                   DEPENDENTS UNDER HOUSING AND URBAN DEVELOPMENT 
                   ACT OF 1968.

       (a) Written Notice of Rights.--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'' at the end;
       (2) in subclause (III), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following new subclause:

       ``(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 the enactment of this Act, the Secretary of Housing 
     and Urban Development shall issue a final disclosure form to 
     fulfill the requirement of subclause (IV) of section 
     106(c)(5)(A)(ii) of the Housing and Urban Development Act of 
     1968, as added by subsection (a).
       (d) Effective Date.--The amendments made under subsection 
     (a) shall take effect 150 days after the date of the 
     enactment of this Act.

     SEC. 689. EXTENSION OF ELIGIBILITY FOR SSI FOR CERTAIN 
                   INDIVIDUALS IN FAMILIES THAT INCLUDE MEMBERS OF 
                   THE RESERVE AND NATIONAL GUARD.

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

     SEC. 690. INFORMATION FOR MEMBERS OF THE ARMED FORCES AND 
                   THEIR DEPENDENTS ON RIGHTS AND PROTECTIONS OF 
                   THE SERVICEMEMBERS CIVIL RELIEF ACT.

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

[[Page H12797]]

     the Servicemembers Civil Relief Act (50 U.S.C. App. 511).
                   TITLE VII--HEALTH CARE PROVISIONS

        Subtitle A--Improvements to Health Benefits for Reserves

Sec. 701.  Enhancement of TRICARE Reserve Select program.
Sec. 702.  Expanded eligibility of members of the Selected Reserve 
              under the TRICARE program.

                Subtitle B--TRICARE Program Improvements

Sec. 711.  Additional information required by surveys on TRICARE 
              Standard.
Sec. 712.  Availability of chiropractic health care services.
Sec. 713.  Surviving-dependent eligibility under TRICARE dental plan 
              for surviving spouses who were on active duty at time of 
              death of military spouse.
Sec. 714.  Exceptional eligibility for TRICARE Prime Remote.
Sec. 715.  Increased period of continued TRICARE Prime coverage of 
              children of members of the uniformed services who die 
              while serving on active duty for a period of more than 30 
              days.
Sec. 716.  TRICARE Standard in TRICARE Regional Offices.
Sec. 717.  Qualifications for individuals serving as TRICARE Regional 
              Directors.

              Subtitle C--Mental Health-Related Provisions

Sec. 721.  Program for mental health awareness for dependents and pilot 
              project on post traumatic stress disorder.
Sec. 722.  Pilot projects on early diagnosis and treatment of post 
              traumatic stress disorder and other mental health 
              conditions.
Sec. 723.  Department of Defense task force on mental health.

                    Subtitle D--Studies and Reports

Sec. 731.  Study relating to predeployment and postdeployment medical 
              exams of certain members of the Armed Forces.
Sec. 732.  Requirements for physical examinations and medical and 
              dental readiness for members of the Selected Reserve not 
              on active duty.
Sec. 733.  Report on delivery of health care benefits through the 
              military health care system.
Sec. 734.  Comptroller General studies and report on differential 
              payments to children's hospitals for health care for 
              children dependents and maximum allowable charge for 
              obstetrical care services under TRICARE.
Sec. 735.  Report on the Department of Defense AHLTA global electronic 
              health record system.
Sec. 736.  Comptroller General study and report on Vaccine Healthcare 
              Centers.
Sec. 737.  Report on adverse health events associated with use of anti-
              malarial drugs.
Sec. 738.  Report on Reserve dental insurance program.
Sec. 739. Demonstration project study on Medicare Advantage regional 
              preferred provider organization option for TRICARE-
              medicare dual-eligible beneficiaries.
Sec. 740.  Pilot projects on pediatric early literacy among children of 
              members of the Armed Forces.

                       Subtitle E--Other Matters

Sec. 741.  Authority to relocate patient safety center; renaming 
              MedTeams Program.
Sec. 742.  Modification of health care quality information and 
              technology enhancement reporting requirement.
Sec. 743.  Correction to eligibility of certain Reserve officers for 
              military health care pending active duty following 
              commissioning.
Sec. 744.  Prohibition on conversions of military medical and dental 
              positions to civilian medical positions until submission 
              of certification.
Sec. 745.  Clarification of inclusion of dental care in medical 
              readiness tracking and health surveillance program.
Sec. 746.  Cooperative outreach to members and former members of the 
              naval service exposed to environmental factors related to 
              sarcoidosis.
Sec. 747.  Repeal of requirement for Comptroller General reviews of 
              certain Department of Defense-Department of Veterans 
              Affairs projects on sharing of health care resources.
Sec. 748.  Pandemic avian flu preparedness.
Sec. 749.  Follow up assistance for members of the Armed Forces after 
              preseparation physical examinations.
Sec. 750. Policy on role of military medical and behavioral science 
              personnel in interrogation of detainees.
        Subtitle A--Improvements to Health Benefits for Reserves

     SEC. 701. ENHANCEMENT OF TRICARE RESERVE SELECT PROGRAM.

       (a) Extension of Coverage for Members Recalled to Active 
     Duty.--Section 1076d of title 10, United States Code, is 
     amended--
       (1) in subsection (b), by redesignating paragraph (3) as 
     paragraph (4) and by inserting after paragraph (2) the 
     following new paragraph (3):
       ``(3) In the case of a member recalled to active duty 
     before the period of coverage for which the member is 
     eligible under subsection (a) terminates, the period of 
     coverage of the member--
       ``(A) resumes after the member completes the subsequent 
     active duty service (subject to any additional entitlement to 
     care and benefits under section 1145(a) of this title that is 
     based on the same subsequent active duty service); and
       ``(B) increases by any additional period of coverage for 
     which the member is eligible under subsection (a) based on 
     the subsequent active duty service.'';
       (2) in subsection (b)(2), by striking ``Unless earlier 
     terminated under paragraph (3)'' and inserting ``Subject to 
     paragraph (3) and unless earlier terminated under paragraph 
     (4)''; and
       (3) in subsection (f), by adding at the end the following 
     new paragraph:
       ``(3) The term `member recalled to active duty' means, with 
     respect to a member who is eligible for coverage under this 
     section based on a period of active duty service, a member 
     who is called or ordered to active duty for an additional 
     period of active duty subsequent to the period of active duty 
     on which that eligibility is based.''.
       (b) Special Rule for Mobilized Members of Individual Ready 
     Reserve Finding No Position in Selected Reserve.--Section 
     1076d of such title is amended by adding at the end of 
     subsection (b) (as amended by this section) the following new 
     paragraph:
       ``(5) In the case of a member of the Individual Ready 
     Reserve who is unable to find a position in the Selected 
     Reserve and who meets the requirements for eligibility for 
     health benefits under TRICARE Standard under subsection (a) 
     except for membership in the Selected Reserve, the period of 
     coverage under this section may begin not later than one year 
     after coverage would otherwise begin under this section had 
     the member been a member of the Selected Reserve, if the 
     member finds a position in the Selected Reserve during that 
     one-year period.''.
       (c) Eligibility of Family Members for 6 Months Following 
     Death of Member.--Section 1076d(c) of such title is amended 
     by adding at the end the following: ``If a member of a 
     reserve component dies while in a period of coverage under 
     this section, the eligibility of the members of the immediate 
     family of such member for TRICARE Standard coverage shall 
     continue for six months beyond the date of death of the 
     member.''.
       (d) Extension of Time for Entering Into Agreement.--Section 
     1076d(a)(2) of such title is amended by striking ``on or 
     before the date of the release'' and inserting ``not later 
     than 90 days after release''.
       (e) Revision of TRICARE Standard Definition.--Subsection 
     (f)(2) of section 1076d of such title is amended to read as 
     follows:
       ``(2) The term `TRICARE Standard' means--
       ``(A) medical care to which a dependent described in 
     section 1076(a)(2) of this title is entitled; and
       ``(B) health benefits contracted for under the authority of 
     section 1079(a) of this title and subject to the same rates 
     and conditions as apply to persons covered under that 
     section.''.
       (f) Revision of Section Heading.--
       (1) Amendment.--The heading for section 1076d of such title 
     is amended to read as follows:

     ``Sec. 1076d. TRICARE program: coverage for members of 
       reserve components who commit to continued service in the 
       Selected Reserve after release from active duty in support 
       of a contingency operation''.

       (2) Clerical amendment.--The item relating to section 1076d 
     in the table of sections relating to chapter 55 of such title 
     is amended to read as follows:

``1076d. TRICARE program: coverage for members of reserve components 
              who commit to continued service in the Selected Reserve 
              after release from active duty in support of a 
              contingency operation.''.

     SEC. 702. EXPANDED ELIGIBILITY OF MEMBERS OF THE SELECTED 
                   RESERVE UNDER THE TRICARE PROGRAM.

       (a) Expanded Eligibility.--
       (1) In general.--Section 1076b of title 10, United States 
     Code, is amended to read as follows:

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

       ``(a) Eligibility.--Each member of the Selected Reserve of 
     the Ready Reserve who is committed to serving in the Selected 
     Reserve as described in subsection (c)(3) is eligible, 
     subject to subsection (h), to enroll in TRICARE Standard and 
     receive benefits under such enrollment for any period that 
     the member--
       ``(1) is an eligible unemployment compensation recipient;
       ``(2) subject to subsection (i), is not eligible for health 
     care benefits under an employer-sponsored health benefits 
     plan; or
       ``(3) is not eligible under paragraph (1) or (2) and is not 
     eligible under section 1076d of this title.
       ``(b) Types of Coverage.--(1) A member eligible under 
     subsection (a) may enroll for either of the following types 
     of coverage:
       ``(A) Self alone coverage.
       ``(B) Self and family coverage.
       ``(2) An enrollment by a member for self and family covers 
     the member and the dependents of the member who are described 
     in subparagraph (A), (D), or (I) of section 1072(2) of this 
     title.
       ``(c) Enrollment.--(1) The Secretary of Defense shall 
     provide for at least one open enrollment period each year. 
     During an open enrollment period or at such other time as the 
     Secretary considers appropriate, a member eligible under 
     subsection (a) may enroll in TRICARE Standard or change or 
     terminate an enrollment in TRICARE Standard.
       ``(2) An enrollment in TRICARE Standard of a member 
     eligible under subsection (a) shall be

[[Page H12798]]

     effective for one year only, and may be renewed by the member 
     during the open enrollment period provided under paragraph 
     (1) or at such other time as the Secretary considers 
     appropriate.
       ``(3) A member eligible under subsection (a) may not enroll 
     or renew an enrollment in TRICARE Standard under this section 
     unless the member is committed to a period of obligated 
     service in the Selected Reserve that extends through the 
     enrollment period.
       ``(d) Scope of Care.--(1) A member and the dependents of a 
     member enrolled in TRICARE Standard under this section shall 
     be entitled to the same benefits under this chapter as a 
     member of the uniformed services on active duty or a 
     dependent of such a member, respectively, is entitled to 
     under TRICARE Standard.
       ``(2) Section 1074(c) of this title shall apply with 
     respect to a member enrolled in TRICARE Standard under this 
     section.
       ``(e) Premiums.--(1) The Secretary of Defense shall charge 
     premiums for coverage pursuant to enrollments under this 
     section. The Secretary shall prescribe for each of the 
     TRICARE Standard program options a premium for self alone 
     coverage and a premium for self and family coverage.
       ``(2) The monthly amount of the premium in effect for a 
     month for a type of coverage under this section shall be as 
     follows:
       ``(A) For members eligible under paragraph (1) or (2) of 
     subsection (a), the amount equal to 50 percent of the total 
     amount determined by the Secretary on an appropriate 
     actuarial basis as being reasonable for the coverage.
       ``(B) For members eligible under paragraph (3) of 
     subsection (a), the amount equal to 85 percent of the total 
     amount determined by the Secretary on an appropriate 
     actuarial basis as being reasonable for the coverage.
       ``(3) In determining the amount of a premium under 
     paragraph (2), the Secretary shall use the same actuarial 
     basis as used under section 1076d of this title for 
     determining the amount of premiums under that section.
       ``(4) The premiums payable by a member under this 
     subsection may be deducted and withheld from basic pay 
     payable to the member under section 204 of title 37 or from 
     compensation payable to the member under section 206 of such 
     title. The Secretary shall prescribe the requirements and 
     procedures applicable to the payment of premiums by members.
       ``(5) Amounts collected as premiums under this subsection 
     shall be credited to the appropriation available for the 
     Defense Health Program Account under section 1100 of this 
     title, shall be merged with sums in such Account that are 
     available for the fiscal year in which collected, and shall 
     be available under subsection (b) of such section for such 
     fiscal year.
       ``(f) Other Charges.--A person who receives health care 
     pursuant to an enrollment in TRICARE Standard under this 
     section, including a member who receives such health care, 
     shall be subject to the same deductibles, copayments, and 
     other nonpremium charges for health care as apply under this 
     chapter for health care provided under TRICARE Standard to 
     dependents described in subparagraph (A), (D), or (I) of 
     section 1072(2) of this title.
       ``(g) Termination of Enrollment.--(1) A member enrolled in 
     TRICARE Standard under this section may terminate the 
     enrollment only during an open enrollment period provided 
     under subsection (c).
       ``(2) An enrollment of a member for self alone or for self 
     and family under this section shall terminate on the first 
     day of the first month beginning after the date on which the 
     member ceases to be eligible under subsection (a).
       ``(3) The enrollment of a member under this section may be 
     terminated on the basis of failure to pay the premium charged 
     the member under this section.
       ``(h) Relationship to Transition TRICARE Coverage Upon 
     Separation From Active Duty.--A member is not eligible for 
     TRICARE Standard under this section while entitled to 
     transitional health care under subsection (a) of section 1145 
     of this title or while authorized to receive health care 
     under subsection (c) of such section.
       ``(i) Noncoverage by Other Health Benefits Plan.--(1) For 
     purposes of subsection (a)(2), a person shall be considered 
     to be not eligible for health care benefits under an 
     employer-sponsored health benefits plan only if the person--
       ``(A) is employed by an employer that does not offer a 
     health benefits plan to anyone working for the employer;
       ``(B) is in a category of employees to which the person's 
     employer does not offer a health benefits plan, if such 
     category is designated by the employer based on hours, 
     duties, employment agreement, or such other characteristic, 
     other than membership in the Selected Reserve, as the 
     regulations administering this section prescribe (such as 
     part-time employees); or
       ``(C) is self-employed.
       ``(2) The Secretary of Defense may require a member to 
     submit any certification that the Secretary considers 
     appropriate to substantiate the member's assertion that the 
     member is not eligible for health care benefits under an 
     employer-sponsored health benefits plan.
       ``(j) Eligible Unemployment Compensation Recipient 
     Defined.--In this section, the term `eligible unemployment 
     compensation recipient' means, with respect to any month, any 
     individual who is determined eligible for any day of such 
     month for unemployment compensation under State law (as 
     defined in section 205(9) of the Federal-State Extended 
     Unemployment Compensation Act of 1970), including Federal 
     unemployment compensation laws administered through the 
     State.
       ``(k) TRICARE Standard Defined.--In this section, the term 
     `TRICARE Standard' has the meaning provided by section 
     1076d(f) of this title.
       ``(l) Regulations.--The Secretary of Defense, in 
     consultation with the other administering Secretaries, shall 
     prescribe regulations for the administration of this 
     section.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 55 of title 10, United States Code, is 
     amended by striking the item relating to section 1076b and 
     inserting the following:

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

       (b) Effective Date.--The Secretary of Defense shall ensure 
     that health care under TRICARE Standard is provided under 
     section 1076b of title 10, United States Code, as amended by 
     this section, beginning not later than October 1, 2006.
                Subtitle B--TRICARE Program Improvements

     SEC. 711. ADDITIONAL INFORMATION REQUIRED BY SURVEYS ON 
                   TRICARE STANDARD.

       Section 723(a) of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1532; 10 
     U.S.C. 1073 note) is amended by adding at the end the 
     following new paragraph:
       ``(4) Surveys required by paragraph (1) shall include 
     questions seeking to determine from health care providers the 
     following:
       ``(A) Whether the provider is aware of the TRICARE program.
       ``(B) What percentage of the provider's current patient 
     population uses any form of TRICARE.
       ``(C) Whether the provider accepts patients for whom 
     payment is made under the medicare program for health care 
     services.
       ``(D) If the provider accepts patients referred to in 
     subparagraph (C), whether the provider would accept 
     additional such patients who are not in the provider's 
     current patient population.''.

     SEC. 712. AVAILABILITY OF CHIROPRACTIC HEALTH CARE SERVICES.

       (a) Availability of Chiropractic Health Care Services.--The 
     Secretary of the Air Force shall ensure that chiropractic 
     health care services are available at all medical treatment 
     facilities listed in table 5 of the report to Congress dated 
     August 16, 2001, titled ``Chiropractic Health Care 
     Implementation Plan''. If the Secretary determines that it is 
     not necessary or feasible to provide chiropractic health care 
     services at any such facility, the Secretary shall provide 
     such services at an alternative site for each such facility.
       (b) Implementation and Report.--Not later than September 
     30, 2006, the Secretary of the Air Force shall--
       (1) implement subsection (a); and
       (2) submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     availability of chiropractic health care services as required 
     under subsection (a), including information on alternative 
     sites at which such services have been made available.

     SEC. 713. SURVIVING-DEPENDENT ELIGIBILITY UNDER TRICARE 
                   DENTAL PLAN FOR SURVIVING SPOUSES WHO WERE ON 
                   ACTIVE DUTY AT TIME OF DEATH OF MILITARY 
                   SPOUSE.

       Section 1076a(k) of title 10, United States Code, is 
     amended to read as follows:
       ``(k) Eligible Dependent Defined.--(1) In this section, the 
     term `eligible dependent' means a dependent described in 
     subparagraph (A), (D), or (I) of section 1072(2) of this 
     title.
       ``(2) Such term includes any such dependent of a member who 
     dies while on active duty for a period of more than 30 days 
     or a member of the Ready Reserve if, on the date of the death 
     of the member, the dependent--
       ``(A) is enrolled in a dental benefits plan established 
     under subsection (a); or
       ``(B) if not enrolled in such a plan on such date--
       ``(i) is not enrolled by reason of a discontinuance of a 
     former enrollment under subsection (f); or
       ``(ii) is not qualified for such enrollment because--
       ``(I) the dependent is a child under the minimum age for 
     such enrollment; or
       ``(II) the dependent is a spouse who is a member of the 
     armed forces on active duty for a period of more than 30 
     days.
       ``(3) Such term does not include a dependent by reason of 
     paragraph (2) after the end of the three-year period 
     beginning on the date of the member's death.''.

     SEC. 714. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME REMOTE.

       Section 1079(p) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) The Secretary of Defense may provide for coverage of 
     a dependent referred to in subsection (a) who is not 
     described in paragraph (3) if the Secretary determines that 
     exceptional circumstances warrant such coverage.''.

     SEC. 715. INCREASED PERIOD OF CONTINUED TRICARE PRIME 
                   COVERAGE OF CHILDREN OF MEMBERS OF THE 
                   UNIFORMED SERVICES WHO DIE WHILE SERVING ON 
                   ACTIVE DUTY FOR A PERIOD OF MORE THAN 30 DAYS.

       (a) Period of Eligibility.--Section 1079(g) of title 10, 
     United States Code, is amended--
       (1) by inserting ``(1)'' after ``(g)'';
       (2) by striking the second sentence; and
       (3) by adding at the end the following new paragraph:
       ``(2) In addition to any continuation of eligibility for 
     benefits under paragraph (1), when a member dies while on 
     active duty for a period of more than 30 days, the member's 
     dependents

[[Page H12799]]

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

     SEC. 716. TRICARE STANDARD IN TRICARE REGIONAL OFFICES.

       (a) Responsibilities of TRICARE Regional Office.--The 
     responsibilities of each TRICARE Regional Office shall 
     include the monitoring, oversight, and improvement of the 
     TRICARE Standard option in the TRICARE region concerned, 
     including--
       (1) identifying health care providers who will participate 
     in the TRICARE program and provide the TRICARE Standard 
     option under that program;
       (2) communicating with beneficiaries who receive the 
     TRICARE Standard option;
       (3) outreach to community health care providers to 
     encourage their participation in the TRICARE program; and
       (4) publication of information that identifies health care 
     providers in the TRICARE region concerned who provide the 
     TRICARE Standard option.
       (b) Annual Report.--The Secretary of Defense shall submit 
     an annual report to the Committees on Armed Services of the 
     Senate and the House of Representatives on the monitoring, 
     oversight, and improvement of TRICARE Standard activities of 
     each TRICARE Regional Office. The report shall include--
       (1) a description of the activities of the TRICARE Regional 
     Office to monitor, oversee, and improve the TRICARE Standard 
     option;
       (2) an assessment of the participation of eligible health 
     care providers in TRICARE Standard in each TRICARE region; 
     and
       (3) a description of any problems or challenges that have 
     been identified by both providers and beneficiaries with 
     respect to use of the TRICARE Standard option and the actions 
     undertaken to address such problems or challenges.
       (c) Definition.--In this section, the term ``TRICARE 
     Standard'' or ``TRICARE standard option'' means the Civilian 
     Health and Medical Program of the Uniformed Services option 
     under the TRICARE program.

     SEC. 717. QUALIFICATIONS FOR INDIVIDUALS SERVING AS TRICARE 
                   REGIONAL DIRECTORS.

       (a) Qualifications.--Effective as of the date of the 
     enactment of this Act, no individual may be selected to serve 
     in the position of Regional Director under the TRICARE 
     program unless the individual--
       (1) is--
       (A) an officer of the Armed Forces in a general or flag 
     officer grade;
       (B) a civilian employee of the Department of Defense in the 
     Senior Executive Service; or
       (C) a civilian employee of the Federal Government in a 
     department or agency other than the Department of Defense, or 
     a civilian working in the private sector, who has experience 
     in a position comparable to an officer described in 
     subparagraph (A) or a civilian employee described in 
     subparagraph (B); and
       (2) has at least 10 years of experience, or equivalent 
     expertise or training, in the military health care system, 
     managed care, and health care policy and administration.
       (b) Tricare Program Defined.--In this section, the term 
     ``TRICARE program'' has the meaning given such term in 
     section 1072(7) of title 10, United States Code.
              Subtitle C--Mental Health-Related Provisions

     SEC. 721. PROGRAM FOR MENTAL HEALTH AWARENESS FOR DEPENDENTS 
                   AND PILOT PROJECT ON POST TRAUMATIC STRESS 
                   DISORDER.

       (a) Program on Mental Health Awareness.--
       (1) Requirement.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     develop a program to improve awareness of the availability of 
     mental health services for, and warning signs about mental 
     health problems in, dependents of members of the Armed Forces 
     whose sponsor served or will serve in a combat theater during 
     the previous or next 60 days.
       (2) Matters covered.--The program developed under paragraph 
     (1) shall be designed to--
       (A) increase awareness of mental health services available 
     to dependents of members of the Armed Forces on active duty;
       (B) increase awareness of mental health services available 
     to dependents of Reservists and National Guard members whose 
     sponsors have been activated; and
       (C) increase awareness of mental health issues that may 
     arise in dependents referred to in subparagraphs (A) and (B) 
     whose sponsor is deployed to a combat theater.
       (3) Coordination.--The Secretary may permit the Department 
     of Defense to coordinate the program developed under 
     paragraph (1) with an accredited college, university, 
     hospital-based, or community-based mental health center or 
     engage mental health professionals to develop programs to 
     help implement this section.
       (4) Availability in other languages.--The Secretary shall 
     evaluate whether the effectiveness of the program developed 
     under paragraph (1) would be improved by providing materials 
     in languages other than English and take action accordingly
       (5) Report.--Not later than one year after implementation 
     of the program developed under paragraph (1), the Secretary 
     shall submit to Congress a report on the effectiveness of the 
     program, including the extent to which the program is used by 
     low-English-proficient individuals.
       (b) Pilot Project on Post Traumatic Stress Disorder.--
       (1) Requirement.--The Secretary of Defense shall carry out 
     a pilot project to evaluate the efficacy of various 
     approaches to improving the capability of the military and 
     civilian health care systems to provide early diagnosis and 
     treatment of post traumatic stress disorder (PTSD) and other 
     mental health conditions.
       (2) Internet-based diagnosis and treatment.--The pilot 
     project shall be designed to evaluate--
       (A) Internet-based automated tools available to military 
     and civilian health care providers for the early diagnosis 
     and treatment of post traumatic stress disorder, and for 
     tracking patients who suffer from post traumatic stress 
     disorder; and
       (B) Internet-based tools available to family members of 
     members of the Armed Forces in order to assist such family 
     members in the identification of the emergence of post 
     traumatic stress disorder.
       (3) Report.--Not later than June 1, 2006, the Secretary 
     shall submit to the congressional defense committees a report 
     on the pilot project. The report shall include a description 
     of the pilot project, including the location of the pilot 
     project and the scope and objectives of the pilot project.

     SEC. 722. PILOT PROJECTS ON EARLY DIAGNOSIS AND TREATMENT OF 
                   POST TRAUMATIC STRESS DISORDER AND OTHER MENTAL 
                   HEALTH CONDITIONS.

       (a) Pilot Projects Required.--The Secretary of Defense may 
     carry out pilot projects to evaluate the efficacy of various 
     approaches to improving the capability of the military and 
     civilian health care systems to provide early diagnosis and 
     treatment of post traumatic stress disorder (PTSD) and other 
     mental health conditions.
       (b) Pilot Project Requirements.--
       (1) Mobilization-demobilization facility.--
       (A) In general.--A pilot project under subsection (a) may 
     be carried out at a military medical facility at a large 
     military installation at which the mobilization or 
     demobilization of members of the Armed Forces occurs.
       (B) Elements.--The pilot project under this paragraph shall 
     be designed to evaluate and produce effective diagnostic and 
     treatment approaches for use by primary care providers in the 
     military health care system in order to improve the 
     capability of such providers to diagnose and treat post 
     traumatic stress disorder in a manner that avoids the 
     referral of patients to specialty care by a psychiatrist or 
     other mental health professional.
       (2) National guard or reserve facility.--
       (A) In general.--A pilot project under subsection (a) may 
     be carried out at the location of a National Guard or Reserve 
     unit or units that are located more than 40 miles from a 
     military medical facility and whose personnel are served 
     primarily by civilian community health resources.
       (B) Elements.--The pilot project under this paragraph shall 
     be designed--
       (i) to evaluate approaches for providing evidence-based 
     clinical information on post traumatic stress disorder to 
     civilian primary care providers; and
       (ii) to develop educational materials and other tools for 
     use by members of the National Guard or Reserve who come into 
     contact with other members of the National Guard or Reserve 
     who may suffer from post traumatic stress disorder in order 
     to encourage and facilitate early reporting and referral for 
     treatment.
       (c) Report.--Not later than September 1, 2006, the 
     Secretary shall submit to the congressional defense 
     committees a report on the progress toward identifying pilot 
     projects to be carried out under this section. To the extent 
     possible the report shall include a description of each such 
     pilot project, including the location of the pilot projects 
     under paragraphs (1) and (2) of subsection (b), and the scope 
     and objectives of each such pilot project.

[[Page H12800]]

     SEC. 723. 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;
       (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;
       (C) persons who have experience in--
       (i) national mental health policy;
       (ii) military personnel policy;
       (iii) research in the field of mental health;
       (iv) clinical care in mental health; or
       (v) military chaplain or pastoral care; and
       (D) at least one family member of a member of the Armed 
     Forces who has experience working with military families.
       (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.
       (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 local 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; and
       (ii) an officer or employee of the Substance Abuse and 
     Mental Health Services Administration of the Department of 
     Health and Human Services.
       (5) Deadline for appointment.--All appointments of 
     individuals to the task force shall be made not later than 90 
     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) Assessment and Recommendations 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 report containing 
     an assessment of, and recommendations for improving, 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 and the 
     Department of Veterans Affairs to improve the efficacy of 
     mental health care provided to members of the Armed Forces by 
     the Departments.
       (3) Elements.--The assessment and recommendations 
     (including recommendations for legislative or administrative 
     action) shall include measures to improve the following:
       (A) The awareness of the potential for mental health 
     conditions among members of the Armed Forces.
       (B) The access to and efficacy of existing programs in 
     primary care and mental health care 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) Identification and means to evaluate the effectiveness 
     of pilot projects authorized by section 722 with the 
     objective of improving early diagnosis and treatment of post 
     traumatic stress disorder and other mental health conditions.
       (D) The access to and programs for family members of 
     members of the Armed Forces, including family members 
     overseas.
       (E) 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.
       (F) The awareness of mental health services available to 
     dependents of members of the Armed Forces whose sponsors have 
     been activated or deployed to a combat theater.
       (G) The adequacy of outreach, education, and support 
     programs on mental health matters for families of members of 
     the Armed Forces.
       (H) The early identification and treatment of mental health 
     and substance abuse problems through the use of internal mass 
     media communications (including radio and television) and 
     other education tools to change attitudes within the Armed 
     Forces regarding mental health and substance abuse treatment.
       (I) 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.
       (J) 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.
       (K) Collaboration among organizations in the Department of 
     Defense with responsibility for or jurisdiction over the 
     provision of mental health services.
       (L) Coordination between the Department of Defense and 
     civilian communities, including local support organizations, 
     with respect to mental health services.
       (M) The scope and efficacy of curricula and training on 
     mental health matters for commanders in the Armed Forces.
       (N) The efficiency of pre- and post-deployment mental 
     health screening, including mental health screenings for 
     members of the Armed Forces who have experienced multiple 
     deployments.
       (O) The effectiveness of mental health programs provided in 
     languages other than English.
       (P) Such other matters as the task force considers 
     appropriate.
       (d) Administrative Matters.--
       (1) Compensation.--Each member of the task force who is a 
     member of the Armed Forces or a civilian officer or employee 
     of the United States shall serve without compensation (other 
     than compensation to which entitled as a member of the Armed 
     Forces or an officer or employee of the United States, as the 
     case may be). Other members of the task force shall be 
     treated for purposes of section 3161 of title 5, United 
     States Code, as having been appointed under subsection (b) of 
     such section.
       (2) Oversight.--The Under Secretary of Defense for 
     Personnel and Readiness shall oversee the activities of the 
     task force.
       (3) Administrative support.--The Washington Headquarters 
     Services of the Department of Defense shall provide the task 
     force with personnel, facilities, and other administrative 
     support as necessary for the performance of the duties of the 
     task force.
       (4) Access to facilities.--The Under Secretary of Defense 
     for Personnel and Readiness shall, in coordination with the 
     Secretaries of the military departments, ensure appropriate 
     access by the task force to military installations and 
     facilities for purposes of the discharge of the duties of the 
     task force.
       (e) Report.--
       (1) In general.--The task force shall submit to the 
     Secretary of Defense a report on its activities under this 
     section. The report shall include--
       (A) a description of the activities of the task force;
       (B) the assessment and recommendations required by 
     subsection (c); and
       (C) such other matters 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) Plan Required.--Not later than 6 months after receipt 
     of the report from the task force under subsection (e)(1), 
     the Secretary of Defense shall develop a plan based on the 
     recommendations of the task force and submit the plan to the 
     congressional defense committees.
       (g) 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).
                    Subtitle D--Studies and Reports

     SEC. 731. STUDY RELATING TO PREDEPLOYMENT AND POSTDEPLOYMENT 
                   MEDICAL EXAMS OF CERTAIN MEMBERS OF THE ARMED 
                   FORCES.

       (a) Study.--The Secretary of Defense shall conduct a study 
     of the effectiveness of self-administered surveys included in 
     predeployment and postdeployment medical exams, including the 
     mental health portion of the surveys, of members of the Armed 
     Forces that are carried out as part of the medical tracking 
     system required under section 1074f of title 10, United 
     States Code.
       (b) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the study conducted under 
     subsection (a).

     SEC. 732. REQUIREMENTS FOR PHYSICAL EXAMINATIONS AND MEDICAL 
                   AND DENTAL READINESS FOR MEMBERS OF THE 
                   SELECTED RESERVE NOT ON ACTIVE DUTY.

       (a) In General.--Subsection (a) of section 10206 of title 
     10, United States Code, is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) have a comprehensive medical readiness health and 
     dental assessment on an annual basis, including routine 
     annual preventive health care screening and periodic 
     comprehensive physical examinations in accordance with 
     regulations prescribed by the Secretary of Defense that 
     reflect morbidity and mortality risks associated with the 
     military service, age, and gender of the member; and'' ''; 
     and
       (2) in paragraph (2), by striking ``annually to the 
     Secretary concerned'' and all that follows and inserting ``to 
     the Secretary concerned on an annual basis documentation of 
     the medical and dental readiness of the member to perform 
     military duties.''.
       (b) Conforming Amendment.--The heading of such section is 
     amended by striking ``periodic''.

[[Page H12801]]

       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1007 of such title is amended in the 
     item relating to section 10206 by striking ``periodic''.

     SEC. 733. REPORT ON DELIVERY OF HEALTH CARE BENEFITS THROUGH 
                   THE MILITARY HEALTH CARE SYSTEM.

       (a) Report Required.--Not later than February 1, 2007, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the delivery of health care 
     benefits through the military health care system.
       (b) Elements.--The report under subsection (a) shall 
     include the following:
       (1) An analysis of the organization and costs of delivering 
     health care benefits to current and retired members of the 
     Armed Forces and their families.
       (2) An analysis of the costs of ensuring medical readiness 
     throughout the Armed Forces in support of national security 
     objectives.
       (3) An assessment of the role of health benefits in the 
     recruitment and retention of members of the Armed Forces, 
     whether in the regular components or the reserve components 
     of the Armed Forces.
       (4) An assessment of the experience of the military 
     departments during fiscal years 2003, 2004, and 2005 in 
     recruitment and retention of military and civilian medical 
     and dental personnel, whether in the regular components or 
     the reserve components of the Armed Forces, in light of 
     military and civilian medical manpower requirements.
       (5) A description of requirements for graduate medical 
     education for military medical care providers and options for 
     meeting such requirements, including civilian medical 
     training programs.
       (c) Recommendations.--In addition to the matters specified 
     in subsection (b), the report under subsection (a) shall also 
     include such recommendations for legislative or 
     administrative action as the Secretary considers necessary to 
     improve efficiency and quality in the provision of health 
     care benefits through the military health care system, 
     including recommendations on--
       (1) the organization and delivery of health care benefits;
       (2) mechanisms required to measure costs more accurately;
       (3) mechanisms required to measure quality of care, and 
     access to care, more accurately;
       (4) Department of Defense participation in the Medicare 
     Advantage Program, formerly Medicare plus Choice;
       (5) the use of flexible spending accounts and health 
     savings accounts for military retirees under the age of 65;
       (6) incentives for eligible beneficiaries of the military 
     health care system to retain private employer-provided health 
     care insurance;
       (7) means of improving integrated systems of disease 
     management, including chronic illness management;
       (8) means of improving the safety and efficiency of 
     pharmacy benefits management;
       (9) the management of enrollment options for categories of 
     eligible beneficiaries in the military health care system;
       (10) reform of the provider payment system, including the 
     potential for use of a pay-for-performance system in order to 
     reward quality and efficiency in the TRICARE system;
       (11) means of improving efficiency in the administration of 
     the TRICARE program, to include the reduction of headquarters 
     and redundant management layers, and maximizing efficiency in 
     the claims processing system;
       (12) other improvements in the efficiency of the military 
     health care system; and
       (13) any other matters the Secretary considers appropriate 
     to improve the efficiency and quality of military health care 
     benefits.

     SEC. 734. COMPTROLLER GENERAL STUDIES AND REPORT ON 
                   DIFFERENTIAL PAYMENTS TO CHILDREN'S HOSPITALS 
                   FOR HEALTH CARE FOR CHILDREN DEPENDENTS AND 
                   MAXIMUM ALLOWABLE CHARGE FOR OBSTETRICAL CARE 
                   SERVICES UNDER TRICARE.

       (a) Studies Required.--The Comptroller General of the 
     United States shall conduct the following studies:
       (1) A study of the effectiveness of the current system of 
     differential payments to children's hospitals for health care 
     services for dependent children of members of the uniformed 
     services under the TRICARE program in achieving the objective 
     of securing adequate health care services for such dependent 
     children under that program.
       (2) A study of the effectiveness of the TRICARE program in 
     achieving the objective of adequate access to high quality 
     obstetrical care services for family members of members of 
     the uniformed services.
       (b) Elements of Children's Hospitals Study.--The study 
     required by subsection (a)(1) shall include the following:
       (1) A description of the current participation of 
     children's hospitals in the TRICARE program.
       (2) An assessment of the current system of payments to 
     children's hospitals under the TRICARE program, including 
     differential payments to such hospitals for health care 
     services described in subsection (a)(1), including an 
     assessment of--
       (A) the extent to which the calculation of such 
     differential payments takes into account the complexity and 
     extraordinary resources required for the provision of such 
     health care services;
       (B) the extent to which TRICARE payment rates, including 
     the children's hospital differential, have kept pace with 
     inflation in health care costs for children's hospitals since 
     the establishment of the differential in 1988;
       (C) the extent to which such differential payments provide 
     appropriate compensation to such hospitals for the provision 
     of such services; and
       (D) any obstacles or challenges to the development of 
     future modifications to the system of differential payments.
       (3) An assessment of the adequacy of, including any barrier 
     to, the access of dependent children described in subsection 
     (a)(1) to specialized hospital services for their illnesses 
     under the TRICARE program.
       (c) Elements of Obstetrical Care Services Study.--The study 
     required by subsection (a)(2) shall include the following:
       (1) A description of the current participation of civilian 
     providers of obstetrical care services in the TRICARE 
     program.
       (2) An assessment of the current system of payments for 
     obstetrical care services, including an assessment of--
       (A) the extent to which the calculation of such payments 
     takes into account the complexity and resources required;
       (B) the extent to which TRICARE payment rates have kept 
     pace with inflation in health care costs;
       (C) the extent to which such payments provide appropriate 
     compensation to providers of such services; and
       (D) obstacles or challenges to the development of future 
     improvements to access to high quality obstetrical services, 
     including referral patterns and inclusion of all necessary 
     services within the maximum allowable charge.
       (3) An assessment of the adequacy of the access of military 
     family members to needed obstetrical care services.
       (d) Report.--Not later than May 1, 2006, the Comptroller 
     General shall submit to the Secretary of Defense and the 
     congressional defense committees a report on the studies 
     required by subsection (a), together with such 
     recommendations, if any, as the Comptroller General considers 
     appropriate for modifications of the current system of 
     differential payments to children's hospitals and payments 
     for obstetrical care services in order to achieve the 
     objectives described in that subsection.
       (e) Transmittal to Congress.--
       (1) In general.--Not later than November 1, 2006, the 
     Secretary of Defense shall transmit to the congressional 
     defense committees the report submitted by the Comptroller 
     General to the Secretary under subsection (d).
       (2) Implementation of modifications.--If the report under 
     paragraph (1) includes recommendations of the Comptroller 
     General for modifications of the current system of 
     differential payments to children's hospitals or of payments 
     for obstetrical care services, the Secretary shall transmit 
     with the report--
       (A) a proposal for such legislative or administration 
     action as may be required to implement such modifications; 
     and
       (B) an assessment and estimate of the costs associated with 
     the implementation of such modifications.
       (f) Definitions.--In this section:
       (1) Differential payments to children's hospitals.--The 
     term ``differential payments to children's hospitals'' means 
     the additional amounts paid to children's hospitals under the 
     TRICARE program for health care procedures for severely ill 
     children in order to take into account the additional costs 
     associated with such procedures for such children when 
     compared with the costs associated with such procedures for 
     adults and other children.
       (2) Payments for obstetrical care.--The term ``payments for 
     obstetrical care services'' means the maximum allowable 
     payment rates established by the Department of Defense under 
     the TRICARE program for routine obstetrical care, including 
     prenatal care, laboratory tests in accordance with accepted 
     obstetrical practices standards, specialty care if needed, 
     delivery, and post-partum maternal care.
       (3) Tricare program.--The term ``TRICARE program'' has the 
     meaning given that term in section 1072(7) of title 10, 
     United States Code.

     SEC. 735. REPORT ON THE DEPARTMENT OF DEFENSE AHLTA GLOBAL 
                   ELECTRONIC HEALTH RECORD SYSTEM.

       (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 AHLTA global electronic 
     health record system.
       (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 
     AHLTA global electronic health record system.
       (3) A description of the software and hardware being 
     considered as of the date of the report for use in the AHLTA 
     global electronic health record system.
       (4) A description of the management structure used in the 
     development of the AHLTA global electronic health record 
     system.
       (5) A description of the accountability measures utilized 
     during the development of the AHLTA global electronic health 
     record system in order to evaluate progress made in the 
     development of that system.
       (6) The schedule for the remaining development of the AHLTA 
     global electronic health record system.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Armed Services, Appropriations, 
     Veterans' Affairs, and Health, Education, Labor, and Pensions 
     of the Senate; and

[[Page H12802]]

       (2) the Committees on Armed Services, Appropriations, 
     Veterans' Affairs, and Energy and Commerce of the House of 
     Representatives.

     SEC. 736. COMPTROLLER GENERAL STUDY AND REPORT ON VACCINE 
                   HEALTHCARE CENTERS.

       (a) Study Required.--The Comptroller General shall conduct 
     a study of the Vaccine Healthcare Centers operated by the 
     Department of Defense in support of medical needs arising 
     from mandatory military vaccinations.
       (b) Elements.--In conducting the study under subsection 
     (a), the Comptroller General shall examine the following:
       (1) The mission of each Center.
       (2) The adequacy of resources available to support the 
     mission of each Center and the source of those resources from 
     within the Department of Defense.
       (3) The extent of participation and support of the Centers 
     by each of the Armed Forces.
       (4) The effectiveness of the Centers in supporting the 
     medical needs of members of the Armed Forces arising from 
     mandatory military vaccinations.
       (5) The effectiveness of the Centers in providing 
     assistance to military and civilian healthcare providers 
     based on outreach to and response to inquiries from 
     providers.
       (6) The extent to which the Centers are conducting 
     evaluations to identify and treat potential and actual health 
     effects from vaccines.
       (7) The extent to which the Centers take advantage of and 
     are linked to vaccine health resources outside the Department 
     of Defense.
       (8) The extent to which the Centers are involved in 
     outreach to military and civilian healthcare providers 
     relating to vaccine safety, efficiency, and acceptability.
       (9) The extent to which similar activities conducted by the 
     Centers are conducted in governmental or nongovernmental 
     agencies outside the Department of Defense.
       (c) Recommendations.--The Comptroller General shall submit 
     to Congress a report containing findings and recommendations 
     not later than May 30, 2006, including recommendations on 
     ways to improve the ability of the Department of Defense to 
     understand and support medical needs arising from mandatory 
     military vaccinations and the extent to which the Department 
     of Defense requires the Vaccine Healthcare Centers to 
     continue in their current configuration.

     SEC. 737. REPORT ON ADVERSE HEALTH EVENTS ASSOCIATED WITH USE 
                   OF ANTI-MALARIAL DRUGS.

       (a) Study Required.--The Secretary of Defense shall conduct 
     a study of adverse health events that may be associated with 
     use of anti-malarial drugs, including mefloquine.
       (b) Matters Covered.--The study required by subsection (a) 
     shall include a comparison of adverse health (including 
     mental health) events that may be associated with different 
     anti-malarial drugs, including mefloquine.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the study 
     required by subsection (a).

     SEC. 738. REPORT ON RESERVE DENTAL INSURANCE PROGRAM.

       (a) Study.--The Secretary of Defense shall conduct a study 
     of the Reserve dental insurance program.
       (b) Elements.--The study required by subsection (a) shall--
       (1) identify the most effective mechanism or mechanisms for 
     the payment of premiums under the Reserve dental insurance 
     program for members of the reserve components of the Armed 
     Forces and their dependents, including by deduction from 
     reserve pay, by direct collection, or by other means 
     (including appropriate mechanisms from other military 
     benefits programs), to ensure uninterrupted availability of 
     premium payments regardless of whether members are performing 
     active duty with pay or inactive-duty training with pay;
       (2) include such matters relating to the Reserve dental 
     insurance program as the Secretary considers appropriate; and
       (3) assess the effectiveness of mechanisms for informing 
     the members of the reserve components of the Armed Forces of 
     the availability of, and benefits under, the Reserve dental 
     insurance program.
       (c) Report.--Not later than February 1, 2007, the Secretary 
     shall submit to the congressional defense committees a report 
     on the study required by subsection (a). The report shall 
     include the findings of the study and such recommendations 
     for legislative or administrative action regarding the 
     Reserve dental insurance program as the Secretary considers 
     appropriate in light of the study.
       (d) Reserve Dental Insurance Program Defined.--In this 
     section, the term ``Reserve dental insurance program'' 
     includes--
       (1) the dental insurance plan required under paragraph (1) 
     of section 1076a(a) of title 10, United States Code; and
       (2) any dental insurance plan established under paragraph 
     (2) or (4) of section 1076a(a) of title 10, United States 
     Code.

     SEC. 739. DEMONSTRATION PROJECT STUDY ON MEDICARE ADVANTAGE 
                   REGIONAL PREFERRED PROVIDER ORGANIZATION OPTION 
                   FOR TRICARE-MEDICARE DUAL-ELIGIBLE 
                   BENEFICIARIES.

       (a) Study on Demonstration Project.--
       (1) Requirement.--The Secretary of Defense shall conduct a 
     study to evaluate the feasibility and cost effectiveness of 
     conducting a demonstration project under section 1092 of 
     title 10, United States Code, to implement the provisions of 
     section 1097(d) of such title. The purpose of such a 
     demonstration project would be to evaluate whether applying 
     the managed care methods under the Medicare Advantage program 
     under part C of title XVIII of the Social Security Act would 
     improve the quality of care, realize cost savings to the 
     Department of Defense, and improve beneficiary satisfaction 
     for Department of Defense beneficiaries who also are entitled 
     to health care under medicare.
       (2) Elements of study.--The study required by paragraph (1) 
     shall include an analysis of the following:
       (A) The impact of the Medicare Advantage Regional Preferred 
     Provider Organization model on medical utilization, pharmacy 
     usage, and Department of Defense health care costs.
       (B) The full costs of the demonstration project.
       (C) The implementation and use of quality improvement and 
     chronic care improvement programs for Department of Defense 
     beneficiaries.
       (D) Beneficiary satisfaction.
       (E) The near term and long term effect on all existing 
     Department of Defense contracts for health care support, 
     including TRICARE managed care contracts, claims processing 
     contracts, and pharmacy contracts.
       (F) A comparison of the costs and benefits of using 
     existing Department of Defense contractors or new Department 
     of Defense contractors who are qualified as the vehicle for 
     conducting the demonstration.
       (b) Plan.--
       (1) Requirement.--If the Secretary of Defense determines 
     under subsection (a) that the demonstration project is 
     feasible, cost effective, and in the best interests of the 
     Department of Defense and eligible beneficiaries, the 
     Secretary, in coordination with other administering 
     Secretaries, shall develop a plan to carry out the 
     demonstration project.
       (2) Elements of plan.--
       (A) Health care benefits.--In the plan, the Secretary of 
     Defense shall prescribe the minimum health care benefits to 
     be provided under the plan to eligible beneficiaries enrolled 
     in the plan. Those benefits shall include at least all health 
     care services covered under part A and part B of medicare and 
     TRICARE for Life.
       (B) Demonstration service area.--In the plan, the Secretary 
     shall provide for conducting the demonstration in at least 
     two demonstration service areas.
       (C) Eligibility.--In the plan, the Secretary shall provide 
     that any eligible beneficiary who meets the eligibility 
     requirements for participation in the Medicare Advantage 
     Regional Preferred Provider Organization plan who resides in 
     the demonstration service area is eligible to enroll in the 
     demonstration on a voluntary basis.
       (D) Duration.--In the plan, the Secretary shall provide for 
     conducting the demonstration for a period of time consistent 
     with decisions made by the Department of Defense to exercise 
     remaining option periods on the managed care support contract 
     covering the area where the demonstration occurs.
       (E) Evaluation of the demonstration project.--The plan 
     shall include a plan to evaluate the costs and benefits of 
     all elements of the demonstration project, including the 
     elements described in subsection (a)(2) and, in addition, the 
     financial mechanisms used in carrying out the demonstration 
     project.
       (c) Definitions.--In this section:
       (1) Eligible beneficiary.--The term ``eligible 
     beneficiary'' means a person who is eligible for both TRICARE 
     and medicare under section 1086(d)(2) of title 10, United 
     States Code.
       (2) Medicare.--The term ``medicare'' means title XVIII of 
     the Social Security Act (42 U.S.C. 1395 et seq.).
       (3) Administering secretaries.--The term ``administering 
     Secretaries'' has the meaning provided by section 1072(3) of 
     title 10, United States Code.
       (d) Report.--Not later than April 1, 2006, the Secretary of 
     Defense shall submit to the Committees on Armed Services of 
     the Senate and House of Representatives a report on the study 
     required under subsection (a), along with the plan under 
     subsection (b) if applicable.

     SEC. 740. PILOT PROJECTS ON PEDIATRIC EARLY LITERACY AMONG 
                   CHILDREN OF MEMBERS OF THE ARMED FORCES.

       (a) Pilot Projects Authorized.--The Secretary of Defense 
     may conduct pilot projects to assess the feasibility, 
     advisability, and utility of encouraging pediatric early 
     literacy among the children of members of the Armed Forces.
       (b) Locations.--
       (1) In general.--The pilot projects conducted under 
     subsection (a) shall be conducted at not more than 20 
     military medical treatment facilities designated by the 
     Secretary for purposes of this section.
       (2) Co-location with certain installations.--In designating 
     military medical treatment facilities under paragraph (1), 
     the Secretary shall, to the extent practicable, designate 
     facilities that are located on, or co-located with, military 
     installations at which the mobilization or demobilization of 
     members of the Armed Forces occurs.
       (c) Activities.--Activities under the pilot projects 
     conducted under subsection (a) shall the following:
       (1) The provision of training to health care providers and 
     other appropriate personnel on early literacy promotion.
       (2) The purchase and distribution of children's books to 
     members of the Armed Forces, their spouses, and their 
     children.
       (3) The modification of treatment facility and clinic 
     waiting rooms to include a full selection of literature for 
     children.
       (4) The dissemination to members of the Armed Forces and 
     their spouses of parent education materials on pediatric 
     early literacy.
       (5) Such other activities as the Secretary considers 
     appropriate.
       (d) Report.--
       (1) In general.--Not later than March 1, 2007, the 
     Secretary shall submit to the Committee on Armed Services of 
     the Senate and the

[[Page H12803]]

     Committee on Armed Services of the House of Representatives a 
     report on the pilot projects conducted under this section.
       (2) Elements.--The report under paragraph (1) shall 
     include--
       (A) a description of the pilot projects conducted under 
     this section, including the location of each pilot project 
     and the activities conducted under each pilot project; and
       (B) an assessment of the feasibility, advisability, and 
     utility of encouraging pediatric early literacy among the 
     children of members of the Armed Forces.
                       Subtitle E--Other Matters

     SEC. 741. AUTHORITY TO RELOCATE PATIENT SAFETY CENTER; 
                   RENAMING MEDTEAMS PROGRAM.

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

     SEC. 742. MODIFICATION OF HEALTH CARE QUALITY INFORMATION AND 
                   TECHNOLOGY ENHANCEMENT REPORTING REQUIREMENT.

       Section 723(e) of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 697) is 
     amended by striking paragraphs (1) through (4) and inserting 
     the following:
       ``(1) Measures of the quality of health care furnished, 
     including timeliness and accessibility of care.
       ``(2) Population health.
       ``(3) Patient safety.
       ``(4) Patient satisfaction.
       ``(5) The extent of use of evidence-based health care 
     practices.
       ``(6) The effectiveness of biosurveillance in detecting an 
     emerging epidemic.''.

     SEC. 743. CORRECTION TO ELIGIBILITY OF CERTAIN RESERVE 
                   OFFICERS FOR MILITARY HEALTH CARE PENDING 
                   ACTIVE DUTY FOLLOWING COMMISSIONING.

       (a) Correction.--Clause (iii) of section 1074(a)(2)(B) of 
     title 10, United States Code, is amended by inserting before 
     the semicolon the following: ``or the orders have been issued 
     but the member has not entered active duty''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as of November 24, 2003, and as if included 
     in the enactment of paragraph (2) of section 1074(a) of title 
     10, United States Code, by section 708 of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136; 117 Stat. 1530).

     SEC. 744. PROHIBITION ON CONVERSIONS OF MILITARY MEDICAL AND 
                   DENTAL POSITIONS TO CIVILIAN MEDICAL POSITIONS 
                   UNTIL SUBMISSION OF CERTIFICATION.

       (a) Prohibition on Conversions.--
       (1) Submission of certification.--A Secretary of a military 
     department may not convert any military medical or dental 
     position to a civilian medical or dental position until the 
     Secretary submits to the Committees on Armed Services of the 
     Senate and the House of Representatives a certification that 
     the conversions within that department will not increase cost 
     or decrease quality of care or access to care. Such a 
     certification may not be submitted before June 1, 2006.
       (2) Report with certification.--A Secretary submitting such 
     a certification shall include with the certification a 
     written report that includes--
       (A) the methodology used by the Secretary in making the 
     determinations necessary for the certification, including the 
     extent to which the Secretary took into consideration the 
     findings of the Comptroller General in the report under 
     subsection (b)(3);
       (B) the results of a market survey in each affected area of 
     the availability of civilian medical and dental care 
     providers in such area in order to determine whether the 
     civilian medical and dental care providers available in such 
     area are adequate to fill the civilian positions created by 
     the conversion of military medical and dental positions to 
     civilian positions in such area; and
       (C) any action taken by the Secretary in response to 
     recommendations in the Comptroller General report under 
     subsection (b)(3).
       (b) Requirement for Study.--
       (1) In general.--The Comptroller General shall conduct a 
     study on the effect of conversions of military medical and 
     dental positions to civilian medical or dental positions on 
     the defense health program.
       (2) Matters covered.--The study shall include the 
     following:
       (A) The number of military medical and dental positions, by 
     grade and specialty, planned for conversion to civilian 
     medical or dental positions.
       (B) The number of military medical and dental positions, by 
     grade and specialty, converted to civilian medical or dental 
     positions since October 1, 2004.
       (C) The ability of the military health care system to fill 
     the civilian medical and dental positions required, by 
     specialty.
       (D) The degree to which access to health care is affected 
     in both the direct and purchased care system, including an 
     assessment of the effects of any increased shifts in patient 
     load from the direct care to the purchased care system, or 
     any delays in receipt of care in either the direct or 
     purchased care system because of lack of direct care 
     providers.
       (E) The degree to which changes in military manpower 
     requirements affect recruiting and retention of uniformed 
     medical and dental personnel.
       (F) The degree to which conversion of the military 
     positions meets the joint medical and dental readiness 
     requirements of the uniformed services, as determined jointly 
     by all the uniformed services.
       (G) The effect of the conversions of military medical 
     positions to civilian medical and dental positions on the 
     defense health program, including costs associated with the 
     conversions, with a comparison of the estimated costs versus 
     the actual costs incurred by the number of conversions since 
     October 1, 2004.
       (H) The effectiveness of the conversions in enhancing 
     medical and dental readiness, health care efficiency, 
     productivity, quality, and customer satisfaction.
       (3) Report on study.--Not later than May 1, 2006, the 
     Comptroller General shall submit to the Committees on Armed 
     Services of the Senate and House of Representatives a report 
     containing the results of the study under this section.
       (c) Definitions.--In this section:
       (1) The term ``military medical or dental position'' means 
     a position for the performance of health care functions 
     within the Armed Forces held by a member of the Armed Forces.
       (2) The term ``civilian medical or dental position'' means 
     a position for the performance of health care functions 
     within the Department of Defense held by an employee of the 
     Department or of a contractor of the Department.
       (3) The term ``affected area'' means an area in which 
     military medical or dental positions were converted to 
     civilian medical or dental positions before October 1, 2004, 
     or in which such conversions are scheduled to occur in the 
     future.
       (4) The term ``uniformed services'' has the meaning given 
     that term in section 1072(1) of title 10, United States Code.

     SEC. 745. CLARIFICATION OF INCLUSION OF DENTAL CARE IN 
                   MEDICAL READINESS TRACKING AND HEALTH 
                   SURVEILLANCE PROGRAM.

       (a) Inclusion of Dental Care.--Subtitle D of title VII of 
     the Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 1074 note) is 
     amended by adding at the end the following new section:

     ``SEC. 740. INCLUSION OF DENTAL CARE.

       ``For purposes of the plan, this subtitle, and the 
     amendments made by this subtitle, references to medical 
     readiness, health status, and health care shall be considered 
     to include dental readiness, dental status, and dental 
     care.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of title VII of such Act and in section 2(b) of 
     such Act are each amended by inserting after the item 
     relating to section 739 the following:

``Sec. 740. Inclusion of dental care.''.

     SEC. 746. COOPERATIVE OUTREACH TO MEMBERS AND FORMER MEMBERS 
                   OF THE NAVAL SERVICE EXPOSED TO ENVIRONMENTAL 
                   FACTORS RELATED TO SARCOIDOSIS.

       (a) Outreach Program Required.--The Secretary of the Navy, 
     in coordination with the Secretary of Veterans Affairs, shall 
     conduct an outreach program intended to contact as many 
     members and former members of the naval service as possible 
     who, in connection with service aboard Navy ships, may have 
     been exposed to aerosolized particles resulting from the 
     removal of nonskid coating used on those ships.
       (b) Purposes of Outreach Program.--The purposes of the 
     outreach program are as follows:
       (1) To develop additional data for use in subsequent 
     studies aimed at determining a causative link between 
     sarcoidosis and military service.
       (2) To inform members and former members identified in 
     subsection (a) of the findings of Navy studies identifying an 
     association between service aboard certain naval ships and 
     sarcoidosis.
       (3) To provide information to assist members and former 
     members identified in subsection (a) in getting medical 
     evaluations to help clarify linkages between their disease 
     and their service aboard Navy ships.
       (4) To provide the Department of Veterans Affairs with data 
     and information for the effective evaluation of veterans who 
     may seek care for sarcoidosis.
       (c) Implementation and Report.--Not later than six months 
     after the date of the enactment of this Act, the Secretary of 
     the Navy shall begin the outreach program. Not later than one 
     year after beginning the program, the Secretary shall provide 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives and the Committees on Veterans 
     Affairs of the Senate and House of Representatives a report 
     on the results of the outreach program.

     SEC. 747. REPEAL OF REQUIREMENT FOR COMPTROLLER GENERAL 
                   REVIEWS OF CERTAIN DEPARTMENT OF DEFENSE-
                   DEPARTMENT OF VETERANS AFFAIRS PROJECTS ON 
                   SHARING OF HEALTH CARE RESOURCES.

       (a) Joint Incentives Program.--Section 8111(d) of title 38, 
     United States Code, is amended--
       (1) by striking paragraph (3); and
       (2) by redesignating paragraph (4) as paragraph (3).
       (b) Health Care Resources Sharing and Coordination 
     Project.--Section 722 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2595; 38 U.S.C. 8111 note) is amended--
       (1) by striking subsection (h);
       (2) by redesignating subsection (i) as subsection (h); and

[[Page H12804]]

       (3) in paragraph (2) of subsection (h), as so redesignated, 
     by striking ``based on recommendations'' and all that follows 
     and inserting ``as determined by the Secretaries based on 
     information available to the Secretaries to warrant such 
     action.''.

     SEC. 748. PANDEMIC AVIAN FLU PREPAREDNESS.

       (a) Report.--The Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the 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 personnel, dependents of 
     military personnel on military installations, and civilian 
     personnel within the Department of Defense:
       (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 personnel.
       (3) Public health protection and containment measures that 
     may be implemented on military bases and other facilities, 
     including risk communication, 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 using 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 in 
     the Department of Defense with the planning of other Federal 
     departments, including the Department of Health and Human 
     Services, the Department of Homeland Security, the Department 
     of Veterans Affairs, the Department of State, and USAID.
       (9) Collaboration (as appropriate) with international 
     entities engaged in pandemic preparedness and response.
       (10) Acceleration of medical research and development 
     related to pandemic influenza.
       (b) Submission of Report.--The report required under 
     subsection (a) shall be submitted not later than 120 days 
     after the date of the enactment of this Act.

     SEC. 749. FOLLOW UP ASSISTANCE FOR MEMBERS OF THE ARMED 
                   FORCES AFTER PRESEPARATION PHYSICAL 
                   EXAMINATIONS.

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

     SEC. 750. POLICY ON ROLE OF MILITARY MEDICAL AND BEHAVIORAL 
                   SCIENCE PERSONNEL IN INTERROGATION OF 
                   DETAINEES.

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

 Subtitle A--Provisions Relating to Major Defense Acquisition Programs

Sec. 801.  Requirement for certification before major defense 
              acquisition program may proceed to Milestone B.
Sec. 802.  Requirements applicable to major defense acquisition 
              programs exceeding baseline costs.
Sec. 803.  Requirement for determination by Secretary of Defense and 
              notification to Congress before procurement of major 
              weapon systems as commercial items.
Sec. 804.  Reports on significant increases in program acquisition unit 
              costs or procurement unit costs of major defense 
              acquisition programs.
Sec. 805.  Report on use of lead system integrators in the acquisition 
              of major systems.
Sec. 806.  Congressional notification of cancellation of major 
              automated information systems.

             Subtitle B--Acquisition Policy and Management

Sec. 811.  Internal controls for procurements on behalf of the 
              Department of Defense.
Sec. 812. Management structure for the procurement of contract 
              services.
Sec. 813. Report on service surcharges for purchases made for military 
              departments through other Department of Defense agencies.
Sec. 814. Review of defense acquisition structures and capabilities.
Sec. 815. Modification of requirements applicable to contracts 
              authorized by law for certain military materiel.
Sec. 816. Guidance on use of tiered evaluations of offers for contracts 
              and task orders under contracts.
Sec. 817. Joint policy on contingency contracting.
Sec. 818. Acquisition strategy for commercial satellite communication 
              services.
Sec. 819. Authorization of evaluation factor for defense contractors 
              employing or subcontracting with members of the Selected 
              Reserve of the reserve components of the Armed Forces.

Subtitle C--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

Sec. 821. Participation by Department of Defense in acquisition 
              workforce training fund.
Sec. 822. Increase in cost accounting standard threshold.
Sec. 823. Modification of authority to carry out certain prototype 
              projects.
Sec. 824. Increased limit applicable to assistance provided under 
              certain procurement technical assistance programs.

      Subtitle D--United States Defense Industrial Base Provisions

Sec. 831. Clarification of exception from Buy American requirements for 
              procurement of perishable food for establishments outside 
              the United States.
Sec. 832. Training for defense acquisition workforce on the 
              requirements of the Berry Amendment.
Sec. 833. Amendments to domestic source requirements relating to 
              clothing materials and components covered.

                       Subtitle E--Other Matters

Sec. 841. Review and report on Department of Defense efforts to 
              identify contract fraud, waste, and abuse.
Sec. 842. Extension of contract goal for small disadvantaged businesses 
              and certain institutions of higher education.
Sec. 843. Extension of deadline for report of advisory panel on laws 
              and regulations on acquisition practices.
Sec. 844. Exclusion of certain security expenses from consideration for 
              purpose of small business size standards.
Sec. 845. Disaster relief for small business concerns damaged by 
              drought.
Sec. 846. Extension of limited acquisition authority for the commander 
              of the United States Joint Forces Command.
Sec. 847. Civilian Board of Contract Appeals.
Sec. 848. Statement of policy and report relating to contracting with 
              employers of persons with disabilities.
Sec. 849. Study on Department of Defense contracting with small 
              business concerns owned and controlled by service-
              disabled veterans.
 Subtitle A--Provisions Relating to Major Defense Acquisition Programs

     SEC. 801. REQUIREMENT FOR CERTIFICATION BEFORE MAJOR DEFENSE 
                   ACQUISITION PROGRAM MAY PROCEED TO MILESTONE B.

       (a) Certification Requirement.--Chapter 139 of title 10, 
     United States Code, is amended by inserting after section 
     2366 the following new section:

     ``Sec. 2366a. Major defense acquisition programs: 
       certification required before Milestone B or Key Decision 
       Point B approval

       ``(a) Certification.--A major defense acquisition program 
     may not receive Milestone B approval, or Key Decision Point B 
     approval in the case of a space program, until the milestone 
     decision authority certifies that--
       ``(1) the technology in the program has been demonstrated 
     in a relevant environment;
       ``(2) the program demonstrates a high likelihood of 
     accomplishing its intended mission;
       ``(3) the program is affordable when considering the per 
     unit cost and the total acquisition cost in the context of 
     the total resources available during the period covered by 
     the future-years defense program submitted during the fiscal 
     year in which the certification is made;
       ``(4) the Department of Defense has completed an analysis 
     of alternatives with respect to the program;
       ``(5) the program is affordable when considering the 
     ability of the Department of Defense to accomplish the 
     program's mission using alternative systems;
       ``(6) the Joint Requirements Oversight Council has 
     accomplished its duties with respect to the program pursuant 
     to section 181(b) of this title, including an analysis of the 
     operational requirements for the program; and
       ``(7) the program complies with all relevant policies, 
     regulations, and directives of the Department of Defense.
       ``(b) Submission to Congress.--The certification required 
     under subsection (a) with respect to a major defense 
     acquisition program

[[Page H12805]]

     shall be submitted to the congressional defense committees 
     with the first Selected Acquisition Report submitted under 
     section 2432 of this title after completion of the 
     certification.
       ``(c) Waiver for National Security.--The milestone decision 
     authority may waive the applicability to a major defense 
     acquisition program of one or more components (as specified 
     in paragraph (1), (2), (3), (4), (5), or (6) of subsection 
     (a)) of the certification requirement if the milestone 
     decision authority determines that, but for such a waiver, 
     the Department would be unable to meet critical national 
     security objectives. Whenever the milestone decision 
     authority makes such a determination and authorizes such a 
     waiver, the waiver, the determination, and the reasons for 
     the determination shall be submitted in writing to the 
     congressional defense committees within 30 days after the 
     waiver is authorized.
       ``(d) Nondelegation.--The milestone decision authority may 
     not delegate the certification requirement under subsection 
     (a) or the authority to waive any component of such 
     requirement under subsection (c).
       ``(e) Definitions.--In this section:
       ``(1) The term `major defense acquisition program' means a 
     Department of Defense acquisition program that is a major 
     defense acquisition program for purposes of section 2430 of 
     this title.
       ``(2) The term `milestone decision authority', with respect 
     to a major defense acquisition program, means the individual 
     within the Department of Defense designated with overall 
     responsibility for the program.
       ``(3) The term `Milestone B approval' has the meaning 
     provided that term in section 2366(e)(7) of this title.
       ``(4) The term `Key Decision Point B' means the official 
     program initiation of a National Security Space program of 
     the Department of Defense, which triggers a formal review to 
     determine maturity of technology and the program's readiness 
     to begin the preliminary system design.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2366 the following new item:

``2366a. Major defense acquisition programs: certification required 
              before Milestone B approval or Key Decision Point B 
              approval.''.

     SEC. 802. REQUIREMENTS APPLICABLE TO MAJOR DEFENSE 
                   ACQUISITION PROGRAMS EXCEEDING BASELINE COSTS.

       (a) Specification of Significant Cost Growth Threshold and 
     Critical Cost Growth Threshold.--Subsection (a) of section 
     2433 of title 10, United States Code, is amended by adding at 
     the end the following new paragraphs:
       ``(4) The term `significant cost growth threshold' means 
     the following:
       ``(A) In the case of a major defense acquisition program, a 
     percentage increase in the program acquisition unit cost for 
     the program of--
       ``(i) at least 15 percent over the program acquisition unit 
     cost for the program as shown in the current Baseline 
     Estimate for the program; or
       ``(ii) at least 30 percent over the program acquisition 
     unit cost for the program as shown in the original Baseline 
     Estimate for the program.
       ``(B) In the case of a major defense acquisition program 
     that is a procurement program, a percentage increase in the 
     procurement unit cost for the program of--
       ``(i) at least 15 percent over the procurement unit cost 
     for the program as shown in the current Baseline Estimate for 
     the program; or
       ``(ii) at least 30 percent over the procurement unit cost 
     for the program as shown in the original Baseline Estimate 
     for the program.
       ``(5) The term `critical cost growth threshold' means the 
     following:
       ``(A) In the case of a major defense acquisition program, a 
     percentage increase in the program acquisition unit cost for 
     the program of--
       ``(i) at least 25 percent over the program acquisition unit 
     cost for the program as shown in the current Baseline 
     Estimate for the program; or
       ``(ii) at least 50 percent over the program acquisition 
     unit cost for the program as shown in the original Baseline 
     Estimate for the program.
       ``(B) In the case of a major defense acquisition program 
     that is a procurement program, a percentage increase in the 
     procurement unit cost for the program of--
       ``(i) at least 25 percent over the procurement unit cost 
     for the program as shown in the current Baseline Estimate for 
     the program; or
       ``(ii) at least 50 percent over the procurement unit cost 
     for the program as shown in the original Baseline Estimate 
     for the program.''.
       (b) Incorporation of Thresholds Into Unit Cost Report and 
     Related Requirements.--
       (1) Unit cost report requirements.--Subsection (c) of such 
     section is amended by striking ``cause to believe--'' and all 
     that follows through ``reflected in the Baseline Estimate;'' 
     and inserting ``cause to believe that the program acquisition 
     unit cost for the program or the procurement unit cost for 
     the program, as applicable, has increased by a percentage 
     equal to or greater than the significant cost growth 
     threshold for the program;''.
       (2) Determinations of service acquisition executives.--
     Subsection (d) of such section is amended--
       (A) in paragraph (1), by striking ``by at least 15 percent, 
     or by at least 25 percent, over the program acquisition unit 
     cost for the program as shown in the Baseline Estimate'' and 
     inserting ``by a percentage equal to or greater than the 
     significant cost growth threshold, or the critical cost 
     growth threshold, for the program'';
       (B) in paragraph (2), by striking ``by at least 15 percent, 
     or by at least 25 percent, over the procurement unit cost for 
     the program as reflected in the Baseline Estimate'' and 
     inserting ``by a percentage equal to or greater than the 
     significant cost growth threshold, or the critical cost 
     growth threshold, for the program''; and
       (C) in paragraph (3)--
       (i) by striking ``by at least 15 percent, or by at least 25 
     percent, as determined under paragraph (1)'' and inserting 
     ``by a percentage equal to or greater than the significant 
     cost growth threshold or critical cost growth threshold''; 
     and
       (ii) by striking ``by at least 15 percent, or by at least 
     25 percent, as determined under paragraph (2)'' and inserting 
     ``by a percentage equal to or greater than the significant 
     cost growth threshold or critical cost growth threshold''.
       (3) Service acquisition reports.--Subsection (e) of such 
     section is amended--
       (A) in paragraph (1)(A), by striking ``by at least 15 
     percent'' and inserting ``by a percentage equal to or greater 
     than the significant cost growth threshold for the program'';
       (B) in paragraph (2)--
       (i) by striking ``percentage increase in the''; and
       (ii) by striking ``exceeds 25 percent'' and inserting 
     ``increases by a percentage equal to or greater than the 
     critical cost growth threshold for the program''; and
       (C) in paragraph (3)--
       (i) by striking ``of at least 15 percent'' both places it 
     appears and inserting ``by a percentage equal to or greater 
     than the significant cost growth threshold''; and
       (ii) by striking ``of at least 25 percent'' both places it 
     appears and inserting ``by a percentage equal to or greater 
     than the critical cost growth threshold''.
       (c) Additional Requirements Relating to Certain Unit Cost 
     Increases.--Paragraph (2) of subsection (e) of such section 
     is further amended--
       (1) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (2) by striking ``the Secretary of Defense'' and all that 
     follows through ``a written certification, stating that--'' 
     and inserting ``the Secretary of Defense shall--
       ``(A) carry out an assessment of--
       ``(i) the projected cost of completing the program if 
     current requirements are not modified;
       ``(ii) the projected cost of completing the program based 
     on reasonable modification of such requirements; and
       ``(iii) the rough order of magnitude of the costs of any 
     reasonable alternative system or capability;
       ``(B) submit to Congress, before the end of the 60-day 
     period beginning on the day the Selected Acquisition Report 
     containing the information described in subsection (g) is 
     required to be submitted under section 2432(f) of this title, 
     a written certification (with a supporting explanation) 
     stating that--''.
       (d) Original Baseline Estimate.--
       (1) In general.--Section 2435 of title 10, United States 
     Code, is amended--
       (A) by redesignating subsection (d) as subsection (e); and
       (B) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Original Baseline Estimate.--(1) In this chapter, the 
     term `original Baseline Estimate', with respect to a major 
     defense acquisition program, means the baseline description 
     established with respect to the program under subsection (a), 
     without adjustment or revision (except as provided in 
     paragraph (2)).
       ``(2) An adjustment or revision of the original baseline 
     description of a major defense acquisition program may be 
     treated as the original Baseline Estimate for the program for 
     purposes of this chapter only if the percentage increase in 
     the program acquisition unit cost or procurement unit cost 
     under such adjustment or revision exceeds the critical cost 
     growth threshold for the program under section 2433 of this 
     title, as determined by the Secretary of the military 
     department concerned under subsection (d) of such section.
       ``(3) In the event of an adjustment or revision of the 
     original baseline description of a major defense acquisition 
     program, the Secretary of Defense shall include in the next 
     Selected Acquisition Report to be submitted under section 
     2432 of this title after such adjustment or revision a 
     notification to the congressional defense committees of such 
     adjustment or revision, together with the reasons for such 
     adjustment or revision.''.
       (2) Conforming amendment.--Section 2433(a) of such title, 
     as amended by subsection (a) of this section, is further 
     amended by adding at the end the following new paragraph:
       ``(6) The term `original Baseline Estimate' has the same 
     meaning as provided in section 2435(d) of this title.''.
       (e) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the date of the enactment of this Act, and 
     shall apply with respect to any major defense acquisition 
     program for which an original Baseline Estimate is first 
     established before, on, or after that date.
       (2) Applicability to current major defense acquisition 
     programs.--In the case of a major defense acquisition program 
     for which the program acquisition unit cost or procurement 
     unit cost, as applicable, exceeds the original Baseline 
     Estimate for the program by more than 50 percent on the date 
     of the enactment of this Act--
       (A) the current Baseline Estimate for the program as of 
     such date of enactment is deemed to be the original Baseline 
     Estimate for the program for purposes of section 2433 of 
     title 10, United States Code (as amended by this section); 
     and
       (B) each Selected Acquisition Report submitted on the 
     program after the date of the enactment of this Act shall 
     reflect each of the following:
       (i) The original Baseline Estimate, as first established 
     for the program, without adjustment or revision.
       (ii) The Baseline Estimate for the program that is deemed 
     to be the original Baseline Estimate for the program under 
     subparagraph (A).

[[Page H12806]]

       (iii) The current original Baseline Estimate for the 
     program as adjusted or revised, if at all, in accordance with 
     subsection (d)(2) of section 2435 of title 10, United States 
     Code (as added by subsection (d) of this section).

     SEC. 803. REQUIREMENT FOR DETERMINATION BY SECRETARY OF 
                   DEFENSE AND NOTIFICATION TO CONGRESS BEFORE 
                   PROCUREMENT OF MAJOR WEAPON SYSTEMS AS 
                   COMMERCIAL ITEMS.

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

     ``Sec. 2379. Requirement for determination by Secretary of 
       Defense and notification to Congress before procurement of 
       major weapon systems as commercial items

       ``(a) Requirement for Determination and Notification.--A 
     major weapon system of the Department of Defense may be 
     treated as a commercial item, or purchased under procedures 
     established for the procurement of commercial items, only 
     if--
       ``(1) the Secretary of Defense determines that--
       ``(A) the major weapon system is a commercial item, as 
     defined in section 4(12) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 403(12)); and
       ``(B) such treatment is necessary to meet national security 
     objectives; and
       ``(2) the congressional defense committees are notified at 
     least 30 days before such treatment or purchase occurs.
       ``(b) Treatment of Subsystems and Components as Commercial 
     Items.--A subsystem or component of a major weapon system 
     shall be treated as a commercial item and purchased under 
     procedures established for the procurement of commercial 
     items if such subsystem or component otherwise meets the 
     requirements (other than requirements under subsection (a)) 
     for treatment as a commercial item.
       ``(c) Delegation.--The authority of the Secretary of 
     Defense to make a determination under subsection (a) may be 
     delegated only to the Deputy Secretary of Defense, without 
     further redelegation.
       ``(d) Major Weapon System Defined.--In this section, the 
     term `major weapon system' means a weapon system acquired 
     pursuant to a major defense acquisition program (as that term 
     is defined in section 2430 of this title).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 140 of such title is amended by adding 
     at the end the following new item:

``2379. Requirement for determination by Secretary of Defense and 
              notification to Congress before procurement of major 
              weapon systems as commercial items.''.

       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply to contracts entered into on or after such 
     date.

     SEC. 804. 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 one year 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 (b).
       (b) Information.--The information specified in this 
     subsection with respect to a major defense acquisition 
     program is the following:
       (1) An assessment of the costs to be incurred to complete 
     the program if the program is not modified.
       (2) An explanation of why the costs of the program have 
     increased.
       (3) A justification for the continuation of the program 
     notwithstanding the increase in costs.
       (c) Major Defense Acquisition Program Defined.--In this 
     section, the term ``major defense acquisition program'' has 
     the meaning given that term in section 2430 of title 10, 
     United States Code.

     SEC. 805. REPORT ON USE OF LEAD SYSTEM INTEGRATORS IN THE 
                   ACQUISITION OF MAJOR SYSTEMS.

       (a) Report Required.--Not later than September 30, 2006, 
     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 a 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) minimization of the performance by lead system 
     integrators of functions closely associated with inherently 
     governmental functions;
       (4) the appropriate use of competitive procedures in the 
     award of subcontracts by lead system integrators with system 
     responsibility;
       (5) the prevention of organizational conflicts of interest 
     arising out of any financial interest of lead system 
     integrators without system responsibility in the development 
     or production of individual elements of a major weapon 
     system; and
       (6) the prevention of pass-through charges by lead system 
     integrators with system responsibility on systems or 
     subsystems developed or produced under subcontracts where 
     such lead system integrators do not provide significant value 
     added with regard to such systems or subsystems.
       (c) Definitions.--In this section:
       (1) The term ``lead system integrator'' includes lead 
     system integrators with system responsibility and lead system 
     integrators without system responsibility.
       (2) The term ``lead system integrator with system 
     responsibility'' means a prime contractor for the development 
     or production of a major system if the prime contractor is 
     not expected at the time of award, as determined by the 
     Secretary of Defense for purposes of this section, to perform 
     a substantial portion of the work on the system and the major 
     subsystems.
       (3) The term ``lead system integrator without system 
     responsibility'' means a contractor under a contract for the 
     procurement of services whose primary purpose is to perform 
     acquisition functions closely associated with inherently 
     governmental functions with regard to the development or 
     production of a major system.
       (4) The term ``major system'' has the meaning given such 
     term in section 2302d of title 10, United States Code.
       (5) The term ``pass-through charge'' means a charge for 
     overhead or profit on work performed by a lower-tier 
     contractor (other than charges for the direct costs of 
     managing lower-tier contracts and overhead and profit based 
     on such direct costs) that does not, as determined by the 
     Secretary for purposes of this section, promote significant 
     value added with regard to such work.
       (6) The term ``functions closely associated with inherently 
     governmental functions'' has the meaning given such term in 
     section 2383(b)(3) of title 10, United States Code.

     SEC. 806. 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 a proposed cancellation or change shall 
     include--
       (1) the specific justification for the proposed 
     cancellation or change;
       (2) a description of the impact of the proposed 
     cancellation or change on the ability of the Department to 
     achieve the objectives of the program proposed for 
     cancellation or change;
       (3) a description of the steps that the Department plans to 
     take to achieve those objectives; and
       (4) other information relevant to the change in acquisition 
     strategy.
       (c) Definitions.--In this section:
       (1) The term ``major automated information system'' has the 
     meaning given that term in Department of Defense directive 
     5000.1.
       (2) The term ``approved to be fielded'' means having 
     received Milestone C approval.
             Subtitle B--Acquisition Policy and Management

     SEC. 811. INTERNAL CONTROLS FOR PROCUREMENTS ON BEHALF OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Inspector General Reviews and Determinations.--
       (1) In general.--For each covered non-defense agency, the 
     Inspector General of the Department of Defense and the 
     Inspector General of such non-defense agency shall, not later 
     than March 15, 2006, jointly--
       (A) review--
       (i) the procurement policies, procedures, and internal 
     controls of such non-defense agency that are applicable to 
     the procurement of property and services on behalf of the 
     Department by such non-defense agency; and
       (ii) the administration of those policies, procedures, and 
     internal controls; and
       (B) determine in writing whether--
       (i) such non-defense agency is compliant with defense 
     procurement requirements;
       (ii) such non-defense agency is not compliant with defense 
     procurement requirements, but has a program or initiative to 
     significantly improve compliance with defense procurement 
     requirements; or
       (iii) neither of the conclusions stated in clauses (i) and 
     (ii) is correct in the case of such non-defense agency.
       (2) Actions following certain determinations.--If the 
     Inspectors General determine under paragraph (1) that the 
     conclusion stated in clause (ii) or (iii) of subparagraph (B) 
     of that paragraph is correct in the case of a covered non-
     defense agency, such Inspectors General shall, not later than 
     June 15, 2007, jointly--
       (A) conduct a second review, as described in subparagraph 
     (A) of that paragraph, regarding such non-defense agency's 
     procurement of property or services on behalf of the 
     Department of Defense in fiscal year 2006; and

[[Page H12807]]

       (B) determine in writing whether such non-defense agency is 
     or is not compliant with defense procurement requirements.
       (b) Compliance With Defense Procurement Requirements.--For 
     the purposes of this section, a covered non-defense agency is 
     compliant with defense procurement requirements if such non-
     defense agency's procurement policies, procedures, and 
     internal controls applicable to the procurement of products 
     and services on behalf of the Department of Defense, and the 
     manner in which they are administered, are adequate to ensure 
     such non-defense agency's compliance with the requirements of 
     laws and regulations that apply to procurements of property 
     and services made directly by the Department of Defense.
       (c) Memoranda of Understanding Between Inspectors 
     General.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Inspector General of the 
     Department of Defense and the Inspector General of each 
     covered non-defense agency shall enter into a memorandum of 
     understanding with each other to carry out the reviews and 
     make the determinations required by this section.
       (2) Scope of memoranda.--The Inspector General of the 
     Department of Defense and the Inspector General of a covered 
     non-defense agency may by mutual agreement conduct separate 
     reviews of the procurement of property and services on behalf 
     of the Department of Defense that are conducted by separate 
     business units, or under separate governmentwide acquisition 
     contracts, of such non-defense agency. In any case where such 
     separate reviews are conducted, the Inspectors General shall 
     make separate determinations under paragraph (1) or (2) of 
     subsection (a), as applicable, with respect to each such 
     separate review.
       (d) Limitations on Procurements on Behalf of Department of 
     Defense.--
       (1) Limitation during review period.--After March 15, 2006, 
     and before June 16, 2007, no official of the Department of 
     Defense may, except as provided in subsection (e) or (f), 
     order, purchase, or otherwise procure property or services in 
     an amount in excess of $100,000 through a covered non-defense 
     agency for which a determination described in paragraph 
     (1)(B)(iii) of subsection (a) has been made under that 
     subsection.
       (2) Limitation after review period.--After June 15, 2007, 
     no official of the Department of Defense may, except as 
     provided in subsection (e) or (f), order, purchase, or 
     otherwise procure property or services in an amount in excess 
     of $100,000 through a covered non-defense agency that, having 
     been subject to review under this section, has not been 
     determined under this section as being compliant with defense 
     procurement requirements.
       (3) Limitation following failure to reach mou.--Commencing 
     on the date that is 60 days after the date of the enactment 
     of this Act, if a memorandum of understanding between the 
     Inspector General of the Department of Defense and the 
     Inspector General of a covered non-defense agency cannot be 
     attained causing the review required by this section to not 
     be performed, no official of the Department of Defense, 
     except as provided in subsection (e) or (f), may order, 
     purchase or otherwise procure property or services in an 
     amount in excess of $100,000 through such non-defense agency.
       (e) Exception From Applicability of Limitations.--
       (1) Exception.--No limitation applies under subsection (d) 
     with respect to the procurement of property and services on 
     behalf of the Department of Defense by a covered non-defense 
     agency during any period that there is in effect a 
     determination of the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics, made in writing, that 
     it is necessary in the interest of the Department of Defense 
     to continue to procure property and services through such 
     non-defense agency.
       (2) Applicability of determination.--A written 
     determination with respect to a covered non-defense agency 
     under paragraph (1) is in effect for the period, not in 
     excess of one year, that the Under Secretary shall specify in 
     the written determination. The Under Secretary may extend 
     from time to time, for up to one year at a time, the period 
     for which the written determination remains in effect.
       (f) Termination of Applicability of Limitations.--
     Subsection (d) shall cease to apply to a covered non-defense 
     agency on the date on which the Inspector General of the 
     Department of Defense and the Inspector General of such non-
     defense agency jointly--
       (1) determine that such non-defense agency is compliant 
     with defense procurement requirements; and
       (2) notify the Secretary of Defense of that determination.
       (g) Identification of Procurements Made During a Particular 
     Fiscal Year.--For the purposes of subsection (a), a 
     procurement shall be treated as being made during a 
     particular fiscal year to the extent that funds are obligated 
     by the Department of Defense for that procurement in that 
     fiscal year.
       (h) Definitions.--In this section:
       (1) The term ``covered non-defense agency'' means each of 
     the following:
       (A) The Department of the Treasury.
       (B) The Department of the Interior.
       (C) The National Aeronautics and Space Administration.
       (2) The term ``governmentwide acquisition contract'', with 
     respect to a covered non-defense agency, means a task or 
     delivery order contract that--
       (A) is entered into by the non-defense agency; and
       (B) may be used as the contract under which property or 
     services are procured for 1 or more other departments or 
     agencies of the Federal Government.

     SEC. 812. MANAGEMENT STRUCTURE FOR THE PROCUREMENT OF 
                   CONTRACT SERVICES.

       (a) Management Structure.--
       (1) In general.--Section 2330 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 2330. Procurement of contract services: management 
       structure

       ``(a) Requirement for Management Structure.--The Secretary 
     of Defense shall establish and implement a management 
     structure for the procurement of contract services for the 
     Department of Defense. The management structure shall 
     provide, at a minimum, for the following:
       ``(1) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics shall--
       ``(A) develop and maintain (in consultation with the 
     service acquisition executives) policies, procedures, and 
     best practices guidelines addressing the procurement of 
     contract services, including policies, procedures, and best 
     practices guidelines for--
       ``(i) acquisition planning;
       ``(ii) solicitation and contract award;
       ``(iii) requirements development and management;
       ``(iv) contract tracking and oversight;
       ``(v) performance evaluation; and
       ``(vi) risk management;
       ``(B) work with the service acquisition executives and 
     other appropriate officials of the Department of Defense--
       ``(i) to identify the critical skills and competencies 
     needed to carry out the procurement of contract services on 
     behalf of the Department of Defense;
       ``(ii) to develop a comprehensive strategy for recruiting, 
     training, and deploying employees to meet the requirements 
     for such skills and competencies; and
       ``(iii) to ensure that the military departments and Defense 
     Agencies have staff and administrative support that are 
     adequate to effectively perform their duties under this 
     section;
       ``(C) establish contract services acquisition categories, 
     based on dollar thresholds, for the purpose of establishing 
     the level of review, decision authority, and applicable 
     procedures in such categories; and
       ``(D) oversee the implementation of the requirements of 
     this section and the policies, procedures, and best practices 
     guidelines established pursuant to subparagraph (A).
       ``(2) The service acquisition executive of each military 
     department shall be the senior official responsible for the 
     management of acquisition of contract services for or on 
     behalf of the military department.
       ``(3) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics shall be the senior official 
     responsible for the management of acquisition of contract 
     services for or on behalf of the Defense Agencies and other 
     components of the Department of Defense outside the military 
     departments.
       ``(b) Duties and Responsibilities of Senior Officials 
     Responsible for the Management of Acquisition of Contract 
     Services.--(1) Except as provided in paragraph (2), the 
     senior officials responsible for the management of 
     acquisition of contract services shall assign responsibility 
     for the review and approval of procurements in each contract 
     services acquisition category established under subsection 
     (a)(1)(C) to specific Department of Defense officials, 
     subject to the direction, supervision, and oversight of such 
     senior officials.
       ``(2) With respect to the acquisition of contract services 
     by a component or command of the Department of Defense the 
     primary mission of which is the acquisition of products and 
     services, such acquisition shall be conducted in accordance 
     with policies, procedures, and best practices guidelines 
     developed and maintained by the Under Secretary of Defense 
     for Acquisition, Technology, and Logistics pursuant to 
     subsection (a)(1), subject to oversight by the senior 
     officials referred to in paragraph (1).
       ``(3) In carrying out paragraph (1), each senior official 
     responsible for the management of acquisition of contract 
     services shall--
       ``(A) implement the requirements of this section and the 
     policies, procedures, and best practices guidelines developed 
     by the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics pursuant to subsection (a)(1)(A);
       ``(B) authorize the procurement of contract services 
     through contracts entered into by agencies outside the 
     Department of Defense in appropriate circumstances, in 
     accordance with the requirements of section 854 of the Ronald 
     W. Reagan National Defense Authorization Act for Fiscal Year 
     2005 (10 U.S.C. 2304 note), section 814 of the Strom Thurmond 
     National Defense Authorization Act for Fiscal Year 1999 (31 
     U.S.C. 1535 note), and the regulations implementing such 
     sections;
       ``(C) dedicate full-time commodity managers to coordinate 
     the procurement of key categories of services;
       ``(D) ensure that contract services are procured by means 
     of procurement actions that are in the best interests of the 
     Department of Defense and are entered into and managed in 
     compliance with applicable laws, regulations, directives, and 
     requirements;
       ``(E) ensure that competitive procedures and performance-
     based contracting are used to the maximum extent practicable 
     for the procurement of contract services; and
       ``(F) monitor data collection under section 2330a of this 
     title, and periodically conduct spending analyses, to ensure 
     that funds expended for the procurement of contract services 
     are being expended in the most rational and economical manner 
     practicable.
       ``(c) Definitions.--In this section:
       ``(1) The term `procurement action' includes the following 
     actions:
       ``(A) Entry into a contract or any other form of agreement.

[[Page H12808]]

       ``(B) Issuance of a task order, delivery order, or military 
     interdepartmental purchase request.
       ``(2) The term `contract services' includes all services 
     acquired from private sector entities by or for the 
     Department of Defense, other than services relating to 
     research and development or military construction.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 137 of such title is amended by striking 
     the item relating to section 2330 and inserting the following 
     new item:

``2330. Procurement of contract services: management structure.''.

       (b) Phased Implementation.--The requirements of section 
     2330 of title 10, United States Code (as added by subsection 
     (a)), shall be implemented as follows:
       (1) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics shall--
       (A) establish an initial set of contract services 
     acquisition categories, based on dollar thresholds, by not 
     later than June 1, 2006; and
       (B) issue an initial set of policies, procedures, and best 
     practices guidelines in accordance with section 2330(a)(1)(A) 
     by not later than October 1, 2006.
       (2) The contract services acquisition categories 
     established by the Under Secretary shall include--
       (A) one or more categories for acquisitions with an 
     estimated value of $250,000,000 or more;
       (B) one or more categories for acquisitions with an 
     estimated value of at least $10,000,000 but less than 
     $250,000,000; and
       (C) one or more categories for acquisitions with an 
     estimated value greater than the simplified acquisition 
     threshold but less than $10,000,000.
       (3) The senior officials responsible for the management of 
     acquisition of contract services shall assign responsibility 
     to specific individuals in the Department of Defense for the 
     review and approval of procurements in the contract services 
     acquisition categories established by the Under Secretary, as 
     follows:
       (A) Not later than October 1, 2006, for all categories 
     established pursuant to paragraph (2)(A).
       (B) Not later than October 1, 2007, for all categories 
     established pursuant to paragraph (2)(B).
       (C) Not later than October 1, 2009, for all categories 
     established pursuant to paragraph (2)(C).
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the Committees on Armed Services of the Senate and House 
     of Representatives a final report on the implementation of 
     section 2330 of title 10, United States Code, as added by 
     this section.

     SEC. 813. REPORT ON SERVICE SURCHARGES FOR PURCHASES MADE FOR 
                   MILITARY DEPARTMENTS THROUGH OTHER DEPARTMENT 
                   OF DEFENSE AGENCIES.

       (a) Reports by Military Departments.--For each of fiscal 
     years 2005 and 2006, the Secretary of each military 
     department shall, not later than 180 days after the last day 
     of that fiscal year, submit to the Under Secretary of Defense 
     for Acquisition, Technology, and Logistics a report on the 
     service charges imposed on such military department for 
     purchases in amounts greater than the simplified acquisition 
     threshold that were made for that military department during 
     such fiscal year through a contract entered into by an agency 
     of the Department of Defense other than that military 
     department. The report shall specify the amounts of the 
     service charges and identify the services provided in 
     exchange for such charges.
       (b) Analysis of Military Department Report.--Not later than 
     90 days after receiving a report of the Secretary of a 
     military department for a fiscal year under subsection (a), 
     the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics shall review the service charges delineated in 
     such report for the acquisitions covered by the report and 
     the services provided in exchange for such charges and shall 
     compare those charges with the costs of alternative means for 
     making such acquisitions. The analysis shall include the 
     Under Secretary's determinations of whether the imposition 
     and amounts of the service charges were reasonable.
       (c) Reports to Congress.--Not later than October 1, 2006 
     (for reports for fiscal year 2005 under subsection (a)), and 
     not later than October 1, 2007 (for reports for fiscal year 
     2006 under subsection (a)), the Under Secretary of Defense 
     for Acquisition, Technology, and Logistics shall submit to 
     the congressional defense committees a report on the reports 
     submitted by the Secretaries of the military departments 
     under subsection (a), together with the Under Secretary's 
     determinations under subsection (b) with regard to the 
     matters set forth in those reports.
       (d) Simplified Acquisition Threshold Defined.--In this 
     section, the term ``simplified acquisition threshold'' has 
     the meaning given such term in section 4(11) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 403(11)).

     SEC. 814. REVIEW OF DEFENSE ACQUISITION STRUCTURES AND 
                   CAPABILITIES.

       (a) Review by Defense Acquisition University.--The Defense 
     Acquisition University, acting under the direction and 
     authority of the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics, shall conduct a review of the 
     acquisition structures and capabilities of the Department of 
     Defense, including the acquisition structures and 
     capabilities of the following:
       (1) Each military department.
       (2) Each defense agency.
       (3) Any other element of the Department of Defense that has 
     an acquisition function.
       (b) Elements of Review.--
       (1) In general.--In reviewing the acquisition structures 
     and capabilities of an organization under subsection (a), the 
     Defense Acquisition University shall--
       (A) determine the current structure of the organization;
       (B) review the evolution of the current structure of the 
     organization, including the reasons for each reorganization 
     of the structure;
       (C) identify the capabilities needed by the organization to 
     fulfill its function and assess the capacity of the 
     organization, as currently structured, to provide such 
     capabilities;
       (D) identify any gaps, shortfalls, or inadequacies relating 
     to acquisitions in the current structures and capabilities of 
     the organization;
       (E) identify any recruiting, retention, training, or 
     professional development steps that may be needed to address 
     any such gaps, shortfalls, or inadequacies; and
       (F) make such recommendations as the review team determines 
     to be appropriate.
       (2) Emphasis in review.--In conducting the review of 
     acquisition structures and capabilities under subsection (a), 
     the University shall place special emphasis on consideration 
     of--
       (A) structures, capabilities, and processes for joint 
     acquisition, including actions that may be needed to improve 
     such structures, capabilities, and processes; and
       (B) actions that may be needed to improve acquisition 
     outcomes.
       (c) Funding.--The Under Secretary of Defense for 
     Acquisition, Technology, and Logistics shall provide the 
     Defense Acquisition University the funds required to conduct 
     the review under subsection (a).
       (d) Report on Review.--
       (1) In general.--Not later than 180 days after the 
     completion of the review required by subsection (a), the 
     University shall submit to the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics a report on the 
     review.
       (2) Annex.--The report shall include a separate annex on 
     the acquisition structures and capabilities on each 
     organization covered by the review. The annex--
       (A) shall address the matters specified under subsection 
     (b) with respect to such organization; and
       (B) may include such recommendations with respect to such 
     organization as the University considers appropriate.
       (3) Transmittal of final report.--Not later than 90 days 
     after the receipt of the report under paragraph (1), the 
     Under Secretary shall transmit to the congressional defense 
     committees a copy of the report, together with the comments 
     of the Under Secretary on the report.
       (e) Defense Acquisition University Defined.--In this 
     section, the term ``Defense Acquisition University'' means 
     the Defense Acquisition University established pursuant to 
     section 1746 of title 10, United States Code.

     SEC. 815. 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 vehicles''; and
       (4) in subsection (f)--
       (A) by striking ``aircraft and naval vessels'' and 
     inserting ``aircraft, naval vessels, and combat vehicles''; 
     and
       (B) by striking ``such aircraft and vessels'' and inserting 
     ``such aircraft, vessels, and combat vehicles''.
       (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):

[[Page H12809]]

       ``(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) Section heading.--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) Table of sections.--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:

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

     SEC. 816. GUIDANCE ON USE OF TIERED EVALUATIONS 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 
     for contracts and for task or delivery 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 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 of 
     why such contracting officer was unable to make such 
     determination.

     SEC. 817. JOINT POLICY ON CONTINGENCY CONTRACTING.

       (a) Joint Policy.--
       (1) Requirement.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Chairman of the Joint Chiefs of Staff, 
     shall develop a joint policy for contingency contracting 
     during combat operations and post-conflict operations.
       (2) Matters covered.--The joint policy for contingency 
     contracting required by paragraph (1) shall, at a minimum, 
     provide for--
       (A) the designation of a senior commissioned officer in 
     each military department with the responsibility for 
     administering the policy;
       (B) the assignment of a senior commissioned officer with 
     appropriate acquisition experience and qualifications to act 
     as head of contingency contracting during combat operations, 
     post-conflict operations, and contingency operations, who 
     shall report directly to the commander of the combatant 
     command in whose area of responsibility the operations occur;
       (C) an organizational approach to contingency contracting 
     that is designed to ensure that each military department is 
     prepared to conduct contingency contracting during combat 
     operations and post-conflict operations;
       (D) a requirement to provide training (including training 
     under a program to be created by the Defense Acquisition 
     University) to contingency contracting personnel in--
       (i) the use of law, regulations, policies, and directives 
     related to contingency contracting operations;
       (ii) the appropriate use of rapid acquisition methods, 
     including the use of exceptions to competition requirements 
     under section 2304 of title 10, United States Code, sealed 
     bidding, letter contracts, indefinite delivery indefinite 
     quantity task orders, set asides under section 8(a) of the 
     Small Business Act (15 U.S.C. 637(a)), undefinitized contract 
     actions, and other tools available to expedite the delivery 
     of goods and services during combat operations or post-
     conflict operations;
       (iii) the appropriate use of rapid acquisition authority, 
     commanders' emergency response program funds, and other tools 
     unique to contingency contracting; and
       (iv) instruction on the necessity for the prompt transition 
     from the use of rapid acquisition authority to the use of 
     full and open competition and other methods of contracting 
     that maximize transparency in the acquisition process;
       (E) appropriate steps to ensure that training is maintained 
     for such personnel even when they are not deployed in a 
     contingency operation; and
       (F) such steps as may be needed to ensure jointness and 
     cross-service coordination in the area of contingency 
     contracting.
       (b) Reports.--
       (1) Interim report.--
       (A) Requirement.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives an interim report on contingency 
     contracting.
       (B) Matters covered.--The report shall include discussions 
     of the following:
       (i) Progress in the development of the joint policy under 
     subsection (a).
       (ii) The ability of the Armed Forces to support contingency 
     contracting.
       (iii) The ability of commanders of combatant commands to 
     request contingency contracting support and the ability of 
     the military departments and the acquisition support agencies 
     to respond to such requests and provide such support, 
     including the availability of rapid acquisition personnel for 
     such support.
       (iv) The ability of the current civilian and military 
     acquisition workforce to deploy to combat theaters of 
     operations and to conduct contracting activities during 
     combat and during post-conflict, reconstruction, or other 
     contingency operations.
       (v) The effect of different periods of deployment on 
     continuity in the acquisition process.
       (2) Final report.--Not later than 18 months after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the committees listed in paragraph (1)(A) a final 
     report on contingency contracting, containing a discussion of 
     the implementation of the joint policy developed under 
     subsection (a), including updated discussions of the matters 
     covered in the interim report.
       (c) Definitions.--In this section:
       (1) Contingency contracting personnel.--The term 
     ``contingency contracting personnel'' means members of the 
     Armed Forces and civilian employees of the Department of 
     Defense who are members of the defense acquisition workforce 
     and, as part of their duties, are assigned to provide support 
     to contingency operations (whether deployed or not).
       (2) Contingency contracting.--The term ``contingency 
     contracting'' means all stages of the process of acquiring 
     property or services by the Department of Defense during a 
     contingency operation.
       (3) Contingency operation.--The term ``contingency 
     operation'' has the meaning provided in section 101(13) of 
     title 10, United States Code.
       (4) Acquisition support agencies.--The term ``acquisition 
     support agencies'' means Defense Agencies and Department of 
     Defense Field Activities that carry out and provide support 
     for acquisition-related activities.

     SEC. 818. 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 acquisitions by the Department 
     of commercial satellite communication services for the period 
     from fiscal year 2000 through fiscal year 2005. That analysis 
     shall, at a minimum, include a determination of the 
     following:
       (1) Total acquisition costs in aggregate, by fiscal year, 
     for items and services purchased.
       (2) Total quantity of items and services purchased.
       (3) Quantity and cost of items and services purchased by 
     each entity from each supplier and who used the items and 
     services purchased.
       (4) Purchasing patterns that may lead to recommendations in 
     which the Department of Defense may centralize operations, 
     consolidate requirements, or leverage purchasing power.
       (b) Report on Acquisition Strategy.--
       (1) In general.--Not later than five 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--
       (i) shall be based in appropriate part on the results of 
     the analysis required by subsection (a); and
       (ii) shall take into account various methods of aggregating 
     purchases and leveraging the purchasing power of the 
     Department, including through the use of multiyear 
     contracting for commercial satellite communication services.
       (C) A proposal for such legislative action as the Secretary 
     considers necessary to acquire appropriate types and amounts 
     of commercial satellite communications services using methods 
     of aggregating purchases and leveraging the purchasing power 
     of the Department (including the use of multiyear 
     contracting), or if the use of such methods is determined 
     inadvisable, a statement of the rationale for such 
     determination.
       (D) A proposal for such other legislative action that the 
     Secretary considers necessary to implement the strategy of 
     the Department for acquiring commercial satellite 
     communication services.

     SEC. 819. AUTHORIZATION OF EVALUATION FACTOR FOR DEFENSE 
                   CONTRACTORS EMPLOYING OR SUBCONTRACTING WITH 
                   MEMBERS OF THE SELECTED RESERVE OF THE RESERVE 
                   COMPONENTS OF THE ARMED FORCES.

       (a) Defense Contracts.--In awarding any contract for the 
     procurement of goods or services to an entity, the Secretary 
     of Defense is authorized to use as an evaluation factor 
     whether the entity intends to carry out the contract using 
     employees or individual subcontractors who are members of the 
     Selected Reserve of the reserve components of the Armed 
     Forces.
       (b) Documentation of Selected Reserve-Related Evaluation 
     Factor.--Any entity

[[Page H12810]]

     claiming intent to carry out a contract using employees or 
     individual subcontractors who are members of the Selected 
     Reserve of the reserve components of the Armed Forces shall 
     submit proof of the use of such employees or subcontractors 
     for the Department of Defense to consider in carrying out 
     subsection (a) with respect to that contract.
       (c) Regulations.--The Federal Acquisition Regulation shall 
     be revised as necessary to implement this section.
Subtitle C--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

     SEC. 821. PARTICIPATION BY DEPARTMENT OF DEFENSE IN 
                   ACQUISITION WORKFORCE TRAINING FUND.

       (a) Required Contributions to Acquisition Workforce 
     Training Fund by Department of Defense.--Section 37(h)(3) of 
     the Office of Federal Procurement Policy Act (41 U.S.C. 
     433(h)(3)) is amended--
       (1) in subparagraph (A), by striking ``other than the 
     Department of Defense'' and inserting ``, except as provided 
     in subparagraph (D)'' ; and
       (2) by redesignating subparagraphs (D), (E), (F), and (G) 
     as subparagraphs (E), (F), (G), and (H), respectively, and 
     inserting after subparagraph (C) the following new 
     subparagraph (D):
       ``(D) The Administrator of General Services shall transfer 
     to the Secretary of Defense fees collected from the 
     Department of Defense pursuant to subparagraph (B), to be 
     used by the Defense Acquisition University for purposes of 
     acquisition workforce training.''.
       (b) Conforming Amendments.--
       (1) Office of federal procurement policy act.--Section 
     37(a) of the Office of Federal Procurement Policy Act (41 
     U.S.C. 433(a)) is amended by striking ``This section'' and 
     inserting ``Except as provided in subsection (h)(3), this 
     section''.
       (2) Public law 108-136.--Section 1412 of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136; 117 Stat. 1664) is amended by striking subsection 
     (c).
       (c) Defense Acquisition University Funding.--Amounts 
     transferred under section 37(h)(3)(D) of the Office of 
     Federal Procurement Policy Act (as amended by subsection (a)) 
     for use by the Defense Acquisition University shall be in 
     addition to other amounts authorized for the University.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to fees collected under contracts 
     described in section 37(h)(3)(B) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 433(h)(3)(B)) after the 
     date of the enactment of this Act.

     SEC. 822. INCREASE IN COST ACCOUNTING STANDARD THRESHOLD.

       Section 26(f)(2)(A) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 422(f)(A)) is amended by striking 
     ``$500,000'' and inserting ``the amount set forth in section 
     2306a(a)(1)(A)(i) of title 10, United States Code, as such 
     amount is adjusted in accordance with applicable requirements 
     of law''.

     SEC. 823. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   PROTOTYPE PROJECTS.

        Section 845 of the National Defense Authorization Act for 
     Fiscal Year 1994 (10 U.S.C. 2371 note) is amended--
       (1) in subsection (a)--
       (A) by striking ``The Director'' and inserting ``(1) 
     Subject to paragraph (2), the Director''; and
       (B) by adding at the end the following new paragraphs:
       ``(2) The authority of this section--
       ``(A) may be exercised for a prototype project that is 
     expected to cost the Department of Defense in excess of 
     $20,000,000 but not in excess of $100,000,000 only upon a 
     written determination by the senior procurement executive for 
     the agency (as designated for the purpose of section 16(c) of 
     the Office of Federal Procurement Policy Act (41 U.S.C. 
     414(c)) that--
       ``(i) the requirements of subsection (d) will be met; and
       ``(ii) the use of the authority of this section is 
     essential to promoting the success of the prototype project; 
     and
       ``(B) may be exercised for a prototype project that is 
     expected to cost the Department of Defense in excess of 
     $100,000,000 only if--
       ``(i) the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics determines in writing that--
       ``(I) the requirements of subsection (d) will be met; and
       ``(II) the use of the authority of this section is 
     essential to meet critical national security objectives; and
       ``(ii) the congressional defense committees are notified in 
     writing at least 30 days before such authority is exercised.
       ``(3) The authority of a senior procurement executive under 
     paragraph (2)(A), and the authority of the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics under 
     paragraph (2)(B), may not be delegated.'';
       (2) by redesignating subsection (h) as subsection (i); and
       (3) by inserting after subsection (g) the following new 
     subsection (h):
       ``(h) Applicability of Procurement Ethics Requirements.--An 
     agreement entered into under the authority of this section 
     shall be treated as a Federal agency procurement for the 
     purposes of section 27 of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 423).''.

     SEC. 824. INCREASED LIMIT APPLICABLE TO ASSISTANCE PROVIDED 
                   UNDER CERTAIN PROCUREMENT TECHNICAL ASSISTANCE 
                   PROGRAMS.

       Section 2414(a)(2) of title 10, United States Code, is 
     amended by striking ``$150,000'' and inserting ``$300,000''.
      Subtitle D--United States Defense Industrial Base Provisions

     SEC. 831. CLARIFICATION OF EXCEPTION FROM BUY AMERICAN 
                   REQUIREMENTS FOR PROCUREMENT OF PERISHABLE FOOD 
                   FOR ESTABLISHMENTS OUTSIDE THE UNITED STATES.

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

     SEC. 832. 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 developed or 
     implemented after the date of the enactment of this Act for 
     members of the defense acquisition workforce who participate 
     personally and substantially in the acquisition of textiles 
     on a regular basis includes comprehensive information on the 
     requirements described in subsection (a).

     SEC. 833. AMENDMENTS TO DOMESTIC SOURCE REQUIREMENTS RELATING 
                   TO CLOTHING MATERIALS AND COMPONENTS COVERED.

       (a) Notice.--Section 2533a of title 10, United States Code, 
     is amended by adding at the end the following new subsection:
       ``(k) Notification Required Within 7 Days After Contract 
     Award If Certain Exceptions Applied.--In the case of any 
     contract for the procurement of an item described in 
     subparagraph (B), (C), (D), or (E) of subsection (b)(1), if 
     the Secretary of Defense or of the military department 
     concerned applies an exception set forth in subsection (c) or 
     (e) with respect to that contract, the Secretary shall, not 
     later than 7 days after the award of the contract, post a 
     notification that the exception has been applied on the 
     Internet site maintained by the General Services 
     Administration known as FedBizOps.gov (or any successor 
     site).''.
       (b) Clothing Materials and Components Covered.--Subsection 
     (b) of section 2533a of title 10, United States Code, is 
     amended in paragraph (1)(B) by inserting before the semicolon 
     the following: ``and the materials and components thereof, 
     other than sensors, electronics, or other items added to, and 
     not normally associated with, clothing (and the materials and 
     components thereof)''.
                       Subtitle E--Other Matters

     SEC. 841. REVIEW AND REPORT ON DEPARTMENT OF DEFENSE EFFORTS 
                   TO IDENTIFY CONTRACT FRAUD, WASTE, AND ABUSE.

       (a) Review by Comptroller General.--The Comptroller General 
     shall conduct a review of efforts by the Department of 
     Defense to identify and assess the areas of vulnerability of 
     Department of Defense contracts to fraud, waste, and abuse.
       (b) Matters Covered.--
       (1) In general.--In conducting the review, the Comptroller 
     General shall summarize the ongoing efforts of the Department 
     of Defense, including the reviews described in paragraph (2), 
     and make recommendations about areas not addressed or items 
     that need further investigation.
       (2) Department of defense reviews.--The reviews by the 
     Department of Defense referred to in paragraph (1) are the 
     following:
       (A) A report by a task force of the Defense Science Board 
     dated March 2005 and titled ``Management Oversight in 
     Acquisition Organizations''.
       (B) An audit by the Inspector General of the Department of 
     Defense titled ``Service Acquisition Executives Management 
     Oversight and Procurement Authority''.
       (C) A task force to address contract fraud, waste, and 
     abuse designated by the Deputy Secretary of Defense.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives a report on the results of the 
     review, including the Comptroller General's findings and 
     recommendations.

     SEC. 842. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVANTAGED 
                   BUSINESSES AND CERTAIN INSTITUTIONS OF HIGHER 
                   EDUCATION.

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

     SEC. 843. EXTENSION OF DEADLINE FOR REPORT OF ADVISORY PANEL 
                   ON LAWS AND REGULATIONS ON ACQUISITION 
                   PRACTICES.

       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 ``18 months''.

     SEC. 844. 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

[[Page H12811]]

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

     SEC. 845. DISASTER RELIEF FOR SMALL BUSINESS CONCERNS DAMAGED 
                   BY DROUGHT.

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

     SEC. 846. EXTENSION OF LIMITED ACQUISITION AUTHORITY FOR THE 
                   COMMANDER OF THE UNITED STATES JOINT FORCES 
                   COMMAND.

       (a) Extension of Authority.--Subsection (f) of section 167a 
     of title 10, United States Code, is amended--
       (1) by striking ``through 2006'' and inserting ``through 
     2008''; and
       (2) by striking ``September 30, 2006'' and inserting 
     ``September 30, 2008''.
       (b) Report.--Not later than one year after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the Committees on Armed Services of the Senate and House 
     of Representatives a report on the implementation of section 
     167a of title 10, United States Code.

     SEC. 847. CIVILIAN BOARD OF CONTRACT APPEALS.

       (a) In General.--The Office of Federal Procurement Policy 
     Act (41 U.S.C. 401 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 42. CIVILIAN BOARD OF CONTRACT APPEALS.

       ``(a) Board Established.--There is established in the 
     General Services Administration a board of contract appeals 
     to be known as the Civilian Board of Contract Appeals (in 
     this section referred to as the `Civilian Board').
       ``(b) Membership.--
       ``(1) Appointment.--(A) The Civilian Board shall consist of 
     members appointed by the Administrator of General Services 
     (in consultation with the Administrator for Federal 
     Procurement Policy) from a register of applicants maintained 
     by the Administrator of General Services, in accordance with 
     rules issued by the Administrator of General Services (in 
     consultation with the Administrator for Federal Procurement 
     Policy) for establishing and maintaining a register of 
     eligible applicants and selecting Civilian Board members. The 
     Administrator of General Services shall appoint a member 
     without regard to political affiliation and solely on the 
     basis of the professional qualifications required to perform 
     the duties and responsibilities of a Civilian Board member.
       ``(B) The members of the Civilian Board shall be selected 
     and appointed to serve in the same manner as administrative 
     law judges appointed pursuant to section 3105 of title 5, 
     United States Code, with an additional requirement that such 
     members shall have had not fewer than five years of 
     experience in public contract law.
       ``(C) Notwithstanding subparagraph (B) and subject to 
     paragraph (2), the following persons shall serve as Civilian 
     Board members: any full-time member of any agency board of 
     contract appeals other than the Armed Services Board of 
     Contract Appeals, the Postal Service Board of Contract 
     Appeals, and the board of contract appeals of the Tennessee 
     Valley Authority serving as such on the day before the 
     effective date of this section.
       ``(2) Removal.--Members of the Civilian Board shall be 
     subject to removal in the same manner as administrative law 
     judges, as provided in section 7521 of title 5, United States 
     Code.
       ``(3) Compensation.--Compensation for members of the 
     Civilian Board shall be determined under section 5372a of 
     title 5, United States Code.
       ``(c) Functions.--
       ``(1) In general.--The Civilian Board shall have 
     jurisdiction as provided by section 8(d) of the Contract 
     Disputes Act of 1978 (41 U.S.C. 607(b)).
       ``(2) Additional jurisdiction.--The Civilian Board may, 
     with the concurrence of the Federal agency or agencies 
     affected--
       ``(A) assume jurisdiction over any additional category of 
     laws or disputes over which an agency board of contract 
     appeals established pursuant to section 8 of the Contract 
     Disputes Act exercised jurisdiction before the effective date 
     of this section; and
       ``(B) assume any other functions performed by such a board 
     before such effective date on behalf of such agencies.''.
       (b) Transfers.--The personnel employed in connection with, 
     and the assets, liabilities, contracts, property, records, 
     and unexpended balance of appropriations, authorizations, 
     allocations, and other funds employed, held, used, arising 
     from, available to, or to be made available in connection 
     with the functions vested by law in the agency boards of 
     contract appeals established pursuant to section 8 of the 
     Contract Disputes Act of 1978 (41 U.S.C. 607) (as in effect 
     on the day before the effective date described in subsection 
     (g)) other than the Armed Services Board of Contract Appeals, 
     the board of contract appeals of the Tennessee Valley 
     Authority, and the Postal Service Board of Contract Appeals 
     shall be transferred to the Civilian Board of Contract 
     Appeals for appropriate allocation by the Chairman of that 
     Board.
       (c) Termination of Boards of Contract Appeals.--
       (1) Termination.--Effective on the effective date described 
     in subsection (g), the agency boards of contract appeals 
     established pursuant to section 8 of the Contract Disputes 
     Act of 1978 (41 U.S.C. 607) (as in effect on the day before 
     such effective date), other than the Armed Services Board of 
     Contract Appeals, the board of contract appeals of the 
     Tennessee Valley Authority, and the Postal Service Board of 
     Contract Appeals, shall terminate.
       (2) Savings provision.--(A) This section and the amendments 
     made by this section shall not affect any proceedings pending 
     on the effective date described in subsection (g) before any 
     agency board of contract appeals terminated by paragraph (1).
       (B) In the case of any such proceedings pending before an 
     agency board of contract appeals other than the Armed 
     Services Board of Contract Appeals or the board of contract 
     appeals of the Tennessee Valley Authority, the proceedings 
     shall be continued by the Civilian Board of Contract Appeals, 
     and orders which were issued in any such proceeding by the 
     agency board shall continue in effect until modified, 
     terminated, superseded, or revoked by the Civilian Board of 
     Contract Appeals, by a court of competent jurisdiction, or by 
     operation of law.
       (d) Amendments to Contracts Disputes Act.--
       (1) Amendments to definitions.--Section 2 of the Contract 
     Disputes Act of 1978 (41 U.S.C. 601) is amended--
       (A) in paragraph (2), by striking ``, the United States 
     Postal Service, and the Postal Rate Commission'';
       (B) by redesignating paragraph (7) as paragraph (9);
       (C) by amending paragraph (6) to read as follows:
       ``(6) the terms `agency board' or `agency board of contract 
     appeals' mean--
       ``(A) the Armed Services Board of Contract Appeals 
     established under section 8(a)(1) of this Act;
       ``(B) the Civilian Board of Contract Appeals established 
     under section 42 of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 403 et seq.);
       ``(C) the board of contract appeals of the Tennessee Valley 
     Authority; or
       ``(D) the Postal Service Board of Contract Appeals 
     established under section 8(c) of this Act;''; and
       (D) by inserting after paragraph (6) the following new 
     paragraphs:
       ``(7) the term `Armed Services Board' means the Armed 
     Services Board of Contract Appeals established under section 
     8(a)(1) of this Act;
       ``(8) the term `Civilian Board' means the Civilian Board of 
     Contract Appeals established under section 42 of the Office 
     of Federal Procurement Policy Act (41 U.S.C. 403 et seq.); 
     and''.

[[Page H12812]]

       (2) Amendments relating to jurisdiction.--Section 8 of the 
     Contract Disputes Act of 1978 (41 U.S.C. 607) is amended--
       (A) in subsection (d)--
       (i) by striking the first sentence and inserting the 
     following: ``The Armed Services Board shall have jurisdiction 
     to decide any appeal from a decision of a contracting officer 
     of the Department of Defense, the Department of the Army, the 
     Department of the Navy, the Department of the Air Force, or 
     the National Aeronautics and Space Administration relative to 
     a contract made by that department or agency. The Civilian 
     Board shall have jurisdiction to decide any appeal from a 
     decision of a contracting officer of any executive agency 
     (other than the Department of Defense, the Department of the 
     Army, the Department of the Navy, the Department of the Air 
     Force, the National Aeronautics and Space Administration, the 
     United States Postal Service, the Postal Rate Commission, or 
     the Tennessee Valley Authority) relative to a contract made 
     by that agency. Each other agency board shall have 
     jurisdiction to decide any appeal from a decision of a 
     contracting officer relative to a contract made by its 
     agency.''; and
       (ii) in the second sentence, by striking ``Claims Court'' 
     and inserting ``Court of Federal Claims'';
       (B) by striking subsection (c) and inserting the following:
       ``(c) There is established an agency board of contract 
     appeals to be known as the `Postal Service Board of Contract 
     Appeals'. Such board shall have jurisdiction to decide any 
     appeal from a decision of a contracting officer of the United 
     States Postal Service or the Postal Rate Commission relative 
     to a contract made by either agency. Such board shall consist 
     of judges appointed by the Postmaster General who shall meet 
     the qualifications of and serve in the same manner as members 
     of the Civilian Board of Contract Appeals. This Act shall 
     apply to contract disputes before the Postal Service Board of 
     Contract Appeals in the same manner as they apply to contract 
     disputes before the Civilian Board.''.
       (3) Conforming amendments.--Section 8 of the Contract 
     Disputes Act of 1978 (41 U.S.C. 607) is further amended--
       (A) in subsection (a)(1)--
       (i) by striking ``Except as provided in paragraph (2) an 
     agency board of contract appeals'' and inserting ``An Armed 
     Services Board of Contract Appeals''; and
       (ii) by striking ``an executive agency when the agency 
     head'' and inserting ``the Department of Defense when the 
     Secretary of Defense''; and
       (B) in subsection (b)(1)--
       (i) by striking ``Except as provided in paragraph (2), the 
     members of agency boards'' and inserting ``The members of the 
     Armed Services Board of Contract Appeals'';
       (ii) in the second sentence, by striking ``agency boards'' 
     and inserting ``such Board'';
       (iii) in the third sentence, by striking ``each board'' and 
     inserting ``such Board'' and by striking ``the agency head'' 
     and inserting ``the Secretary of Defense''; and
       (iv) in the fourth sentence, by striking ``an agency 
     board'' and inserting ``such Board''.
       (4) Repeal of obsolete provisions.--Section 8 of the 
     Contract Disputes Act of 1978 (41 U.S.C. 607) is further 
     amended by striking subsections (h) and (i).
       (e) References.--Any reference to an agency board of 
     contract appeals other than the Armed Services Board of 
     Contract Appeals, the board of contract appeals of the 
     Tennessee Valley Authority, or the Postal Service Board of 
     Contract Appeals in any provision of law or in any rule, 
     regulation, or other paper of the United States shall be 
     treated as referring to the Civilian Board of Contract 
     Appeals established under section 42 of the Office of Federal 
     Procurement Policy Act.
       (f) Conforming and Clerical Amendments.--(1) Section 
     5372a(a)(1) of title 5, United States Code, is amended by 
     inserting after ``of 1978'' the following: ``or a member of 
     the Civilian Board of Contract Appeals appointed under 
     section 42 of the Office of Federal Procurement Policy Act''.
       (2) The table of contents for the Office of Federal 
     Procurement Policy Act (contained in section 1(b)) is amended 
     by adding at the end the following new item:

``42. Civilian Board of Contract Appeals.''.

       (g) Effective Date.--Section 42 of the Office of Federal 
     Procurement Policy Act, as added by this section, and the 
     amendments and repeals made by this section, shall take 
     effect 1 year after the date of the enactment of this Act.

     SEC. 848. STATEMENT OF POLICY AND REPORT RELATING TO 
                   CONTRACTING WITH EMPLOYERS OF PERSONS WITH 
                   DISABILITIES.

       (a) Extensions of Inapplicability of Certain Acts.--Section 
     853 of the Ronald W. Reagan National Defense Authorization 
     Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2021) 
     is amended in subsections (a)(2)(A) and (b)(2)(A) by striking 
     ``2005'' and inserting ``2006''.
       (b) Statement of Policy.--The Secretary of Defense, the 
     Secretary of Education, and the Chairman of the Committee for 
     Purchase From People Who Are Blind or Severely Disabled shall 
     jointly issue a statement of policy related to the 
     implementation of the Randolph-Sheppard Act (20 U.S.C. 107 et 
     seq.) and the Javits-Wagner-O'Day Act (41 U.S.C. 48) within 
     the Department of Defense and the Department of Education. 
     The joint statement of policy shall specifically address the 
     application of those Acts to both operation and management of 
     all or any part of a military mess hall, military troop 
     dining facility, or any similar dining facility operated for 
     the purpose of providing meals to members of the Armed 
     Forces, and shall take into account and address, to the 
     extent practicable, the positions acceptable to persons 
     representing programs implemented under each Act.
       (c) Report.--Not later than April 1, 2006, the Secretary of 
     Defense, the Secretary of Education, and the Chairman of the 
     Committee for Purchase From People Who Are Blind or Severely 
     Disabled shall submit to the Committees on Armed Services of 
     the Senate and the House of Representatives, the Committee on 
     Health, Education, Labor and Pensions of the Senate, and the 
     Committee on Education and the Workforce of the House of 
     Representatives a report describing the joint statement of 
     policy issued under subsection (b), with such findings and 
     recommendations as the Secretaries consider appropriate.

     SEC. 849. STUDY ON DEPARTMENT OF DEFENSE CONTRACTING WITH 
                   SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY 
                   SERVICE-DISABLED VETERANS.

       (a) Study Required.--The Secretary of Defense shall conduct 
     a study on Department of Defense procurement contracts with 
     small business concerns owned and controlled by service-
     disabled veterans.
       (b) Elements of Study.--The study required by subsection 
     (a) shall include the following determinations:
       (1) Any steps taken by the Department of Defense to meet 
     the Government-wide goal of participation by small business 
     concerns owned and controlled by service-disabled veterans in 
     at least 3 percent of the total value of all prime contract 
     and subcontract awards, as required under section 15(g) of 
     the Small Business Act (15 U.S.C. 644(g)).
       (2) If the Department of Defense has failed to meet such 
     goal, an explanation of the reasons for such failure.
       (3) Any steps taken within the Department of Defense to 
     make contracting officers aware of the 3 percent goal and to 
     ensure that procurement officers are working actively to 
     achieve such goal.
       (4) An estimate of the number of appropriately qualified 
     small business concerns owned and controlled by service-
     disabled veterans which submitted responsive offers on 
     contracts with the Department of Defense during the preceding 
     fiscal year.
       (5) Any outreach efforts made by the Department to enter 
     into contracts with small business concerns owned and 
     controlled by service-disabled veterans.
       (6) Any additional outreach efforts the Department should 
     make.
       (7) The appropriate role of prime contractors in achieving 
     goals established for small business concerns owned and 
     controlled by service-disabled veterans under section 36 of 
     the Small Business Act (15 U.S.C. 657f).
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the findings of the study conducted under this 
     section.
       (d) Small Business Concern Owned and Controlled by Service-
     Disabled Veterans.--In this section, the term ``small 
     business concern owned and controlled by service-disabled 
     veterans'' has the meaning given that term in section 3(q) of 
     the Small Business Act (15 U.S.C. 632(q)).
      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

      Subtitle A--General Department of Defense Management Matters

Sec. 901. Parity in pay levels among Under Secretary positions.
Sec. 902. Expansion of eligibility for leadership of Department of 
              Defense Test Resource Management Center.
Sec. 903. Standardization of authority for acceptance of gifts and 
              donations for Department of Defense regional centers for 
              security studies.
Sec. 904. Directors of Small Business Programs in Department of Defense 
              and military departments.
Sec. 905. Plan to defend the homeland against cruise missiles and other 
              low-altitude aircraft.
Sec. 906. Provision of audiovisual support services by White House 
              Communications Agency on nonreimbursable basis.
Sec. 907. Report on establishment of a Deputy Secretary of Defense for 
              Management.
Sec. 908. Responsibility of the Joint Chiefs of Staff as military 
              advisers to the Homeland Security Council.
Sec. 909. Improvement in health care services for residents of Armed 
              Forces Retirement Home.

                      Subtitle B--Space Activities

Sec. 911. Space Situational Awareness Strategy and space control 
              mission review.
Sec. 912. Military satellite communications.
Sec. 913. Operationally responsive space.
Sec. 914. Report on use of Space Radar for topographical mapping for 
              scientific and civil purposes.
Sec. 915. Sense of Congress regarding national security aspect of 
              United States preeminence in human spaceflight.

             Subtitle C--Chemical Demilitarization Program

Sec. 921. Clarification of Cooperative Agreement Authority under 
              Chemical Demilitarization Program.
Sec. 922. Chemical demilitarization facilities.

                Subtitle D--Intelligence-Related Matters

Sec. 931. Department of Defense Strategy for Open-Source Intelligence.
Sec. 932. Comprehensive inventory of Department of Defense Intelligence 
              and Intelligence-related programs and projects.
Sec. 933. Operational files of the Defense Intelligence Agency.

[[Page H12813]]

      Subtitle A--General Department of Defense Management Matters

     SEC. 901. PARITY IN PAY LEVELS AMONG UNDER SECRETARY 
                   POSITIONS.

       (a) Positions of Under Secretaries of Military Departments 
     Raised to Level III of the Executive Schedule.--Section 5314 
     of title 5, United States Code, is amended by inserting after 
     ``Under Secretary of Defense for Intelligence'' the 
     following:
       ``Under Secretary of the Air Force.
       ``Under Secretary of the Army.
       ``Under Secretary of the Navy.''.
       (b) Conforming Amendment.--Section 5315 of such title is 
     amended by striking the following:
       ``Under Secretary of the Air Force.
       ``Under Secretary of the Army.
       ``Under Secretary of the Navy.''.

     SEC. 902. EXPANSION OF ELIGIBILITY FOR LEADERSHIP OF 
                   DEPARTMENT OF DEFENSE TEST RESOURCE MANAGEMENT 
                   CENTER.

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

     SEC. 903. STANDARDIZATION OF AUTHORITY FOR ACCEPTANCE OF 
                   GIFTS AND DONATIONS FOR DEPARTMENT OF DEFENSE 
                   REGIONAL CENTERS FOR SECURITY STUDIES.

       (a) Authority to Accept.--
       (1) In general.--Section 2611 of title 10, United States 
     Code, is amended to read as follows:

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

       ``(a) Authority to Accept Gifts and Donations.--(1) Subject 
     to subsection (c), the Secretary of Defense may, on behalf of 
     any Department of Defense regional center for security 
     studies, any combination of such centers, or such centers 
     generally, accept from any source specified in subsection (b) 
     any gift or donation for purposes of defraying the costs or 
     enhancing the operation of such a center, combination of 
     centers, or centers generally, as the case may be.
       ``(2) For purposes of this section, the Department of 
     Defense regional centers for security studies are the 
     following:
       ``(A) The George C. Marshall European Center for Security 
     Studies.
       ``(B) The Asia-Pacific Center for Security Studies.
       ``(C) The Center for Hemispheric Defense Studies.
       ``(D) The Africa Center for Strategic Studies.
       ``(E) The Near East South Asia Center for Strategic 
     Studies.
       ``(b) Sources.--The sources from which gifts and donations 
     may be accepted under subsection (a) are the following:
       ``(1) The government of a State or a political subdivision 
     of a State.
       ``(2) The government of a foreign country.
       ``(3) A foundation or other charitable organization, 
     including a foundation or charitable organization this is 
     organized or operates under the laws of a foreign country.
       ``(4) Any source in the private sector of the United States 
     or a foreign country.
       ``(c) Limitation.--The Secretary may not accept a gift or 
     donation under subsection (a) if acceptance of the gift or 
     donation would compromise or appear to compromise--
       ``(1) the ability of the Department of Defense, any 
     employee of the Department, or any member of the armed forces 
     to carry out the responsibility or duty of the Department in 
     a fair and objective manner; or
       ``(2) the integrity of any program of the Department, or of 
     any person involved in such a program.
       ``(d) Criteria for Acceptance.--The Secretary shall 
     prescribe written guidance setting forth the criteria to be 
     used in determining whether the acceptance of a gift or 
     donation would have a result described in subsection (c).
       ``(e) Crediting of Funds.--Funds accepted by the Secretary 
     under section (a) shall be credited to appropriations 
     available to the Department of Defense for the regional 
     center, combination of centers, or centers generally for 
     which accepted. Funds so credited shall be merged with the 
     appropriations to which credited and shall be available for 
     the regional center, combination of centers, or centers 
     generally, as the case may be, for the same purposes as the 
     appropriations with which merged. Any funds accepted under 
     this section shall remain available until expended.
       ``(f) Gift or Donation Defined.--In this section, the term 
     `gift or donation' means any gift or donation of funds, 
     materials (including research materials), real or personal 
     property, or services (including lecture services and faculty 
     services).''.
       (2) Clerical amendment.--The item relating to section 2611 
     in the table of sections at the beginning of chapter 155 of 
     such title is amended to read as follows:

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

       (b) Annual Report on Gift Acceptance.--Section 184(b)(4) of 
     title 10, United States Code, is amended by striking ``under 
     any of the'' and all that follows and inserting ``under 
     section 2611 of this title.''.
       (c) Conforming Amendments.--
       (1) Section 1306 of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892) is 
     amended --
       (A) by striking subsection (a);
       (B) by redesignating subsection (b) as subsection (a);
       (C) by striking ``(1)'' the first place it appears;
       (D) by redesignating paragraph (2) as subsection (b);
       (E) by inserting ``Source of Funds.--'' before ``Costs 
     for''; and
       (F) by striking ``paragraph (1)'' and insertion 
     ``subsection (a)''.
       (2) Section 1065 of the National Defense Authorization Act 
     for Fiscal Year 1997 (10 U.S.C. 113 note) is amended--
       (A) by striking subsection (a); and
       (B) by redesignating subsections (b) and (c) as subsections 
     (a) and (b), respectively.

     SEC. 904. DIRECTORS OF SMALL BUSINESS PROGRAMS IN DEPARTMENT 
                   OF DEFENSE AND MILITARY DEPARTMENTS.

       (a) Redesignation of Existing Positions and Offices.--
       (1) Positions redesignated.--The following positions within 
     the Department of Defense are redesignated as follows:
       (A) The Director of Small and Disadvantaged Business 
     Utilization of the Department of Defense is redesignated as 
     the Director of Small Business Programs of the Department of 
     Defense.
       (B) The Director of Small and Disadvantaged Business 
     Utilization of the Department of the Army is redesignated as 
     the Director of Small Business Programs of the Department of 
     the Army.
       (C) The Director of Small and Disadvantaged Business 
     Utilization of the Department of the Navy is redesignated as 
     the Director of Small Business Programs of the Department of 
     the Navy.
       (D) The Director of Small and Disadvantaged Business 
     Utilization of the Department of the Air Force is 
     redesignated as the Director of Small Business Programs of 
     the Department of the Air Force.
       (2) Offices redesignated.--The following offices within the 
     Department of Defense are redesignated as follows:
       (A) The Office of Small and Disadvantaged Business 
     Utilization of the Department of Defense is redesignated as 
     the Office of Small Business Programs of the Department of 
     Defense.
       (B) The Office of Small and Disadvantaged Business 
     Utilization of the Department of the Army is redesignated as 
     the Office of Small Business Programs of the Department of 
     the Army.
       (C) The Office of Small and Disadvantaged Business 
     Utilization of the Department of the Navy is redesignated as 
     the Office of Small Business Programs of the Department of 
     the Navy.
       (D) The Office of Small and Disadvantaged Business 
     Utilization of the Department of the Air Force is 
     redesignated as the Office of Small Business Programs of the 
     Department of the Air Force.
       (3) References.--Any reference in any law, regulation, 
     document, paper, or other record of the United States to a 
     position or office redesignated by paragraph (1) or (2) shall 
     be deemed to be a reference to the position or office as so 
     redesignated.
       (b) Department of Defense.--
       (1) OSD position and office.--Chapter 4 of title 10, United 
     States Code, is amended by adding at the end the following 
     new section:

     ``Sec. 144. Director of Small Business Programs

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

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

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

     ``Sec. 3024. Director of Small Business Programs

       ``(a) Director.--There is a Director of Small Business 
     Programs in the Department of the Army. The Director is 
     appointed by the Secretary of the Army.
       ``(b) Office of Small Business Programs.--The Office of 
     Small Business Programs of the Department of the Army is the 
     office that is established within the Department of the Army 
     under section 15(k) of the Small Business Act (15 U.S.C. 
     644(k)). The Director of Small Business Programs is the head 
     of such office.
       ``(c) Duties and Powers.--(1) The Director of Small 
     Business Programs shall, subject to paragraph (2), perform 
     such duties regarding small business programs of the 
     Department of the Army, and shall exercise such powers 
     regarding those programs, as the Secretary of the Army may 
     prescribe.
       ``(2) Section 15(k) of the Small Business Act (15 U.S.C. 
     644(k)), except for the designations of

[[Page H12814]]

     the Director and the Office, applies to the Director of Small 
     Business Programs.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``3024. Director of Small Business Programs.''.

       (d) Department of the Navy.--
       (1) Position and office.--Chapter 503 of title 10, United 
     States Code, is amended by adding at the end the following 
     new section:

     ``Sec. 5028. Director of Small Business Programs

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

``5028. Director of Small Business Programs.''.

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

     ``Sec. 8024. Director of Small Business Programs

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

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

     SEC. 905. PLAN TO DEFEND THE HOMELAND AGAINST CRUISE MISSILES 
                   AND OTHER LOW-ALTITUDE AIRCRAFT.

       (a) Plan Required.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a plan for the 
     defense of the United States homeland against cruise 
     missiles, unmanned aerial vehicles, and other low-altitude 
     aircraft that may be launched in an attack against the United 
     States homeland.
       (b) Focus of Plan.--In developing the plan, the Secretary 
     shall focus on the role of Department of Defense components 
     in the defense of the homeland against an attack described in 
     subsection (a), but shall also address the role, if any, of 
     other departments and agencies of the United States 
     Government in that defense.
       (c) Elements of Plan.--The plan shall include the 
     following:
       (1) The identification of an official or office within the 
     Department of Defense to be responsible for coordinating the 
     implementation of the plan described in subsection (a) from 
     both an operational and acquisition perspective.
       (2) Identification of (A) the capabilities required by the 
     Department of Defense in order to fulfill the mission of the 
     Department to defend the homeland against attack by cruise 
     missiles, unmanned aerial vehicles, and other low-altitude 
     aircraft, and (B) any current shortfall in those 
     capabilities.
       (3) Identification of each element of the Department of 
     Defense that will be responsible under the plan for 
     acquisition in order to achieve one or more of the 
     capabilities identified pursuant to paragraph (2).
       (4) A schedule for implementing the plan.
       (5) A statement of the funding required to implement the 
     Department of Defense portion of the plan.
       (6) An identification of the roles and missions, if any, of 
     other departments and agencies of the United States 
     Government in contributing to the defense of the homeland 
     against attack described in paragraph (2).
       (d) Scope of Plan.--The plan shall be coordinated with 
     plans of the Department of Defense for defending the United 
     States homeland against attack by short-range to medium-range 
     ballistic missiles.

     SEC. 906. PROVISION OF AUDIOVISUAL SUPPORT SERVICES BY WHITE 
                   HOUSE COMMUNICATIONS AGENCY ON NONREIMBURSABLE 
                   BASIS.

       (a) Provision on Nonreimbursable Basis.-- Section 912 of 
     the National Defense Authorization Act for Fiscal Year 1997 
     (10 U.S.C. 111 note) is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by inserting ``and 
     Audiovisual Support Services'' after ``Telecommunications 
     Support''; and
       (B) by inserting ``and audiovisual support services'' after 
     ``provision of telecommunications support''; and
       (2) in subsection (b), by inserting ``and audiovisual'' 
     after ``other than telecommunications''.
       (b) Repeal of Obsolete Provisions.--Such section is further 
     amended by striking subsections (d), (e), and (f).

     SEC. 907. REPORT ON ESTABLISHMENT OF A DEPUTY SECRETARY OF 
                   DEFENSE FOR MANAGEMENT.

       (a) Study Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall, 
     as determined by the Secretary, select one or two Federally 
     Funded Research and Development Centers to conduct a study of 
     the feasibility and advisability of establishing a Deputy 
     Secretary of Defense for Management. The Secretary shall 
     provide for each Center conducting a study under this section 
     to submit a report on such study to the Secretary and to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives not later 
     than December 1, 2006.
       (b) Content of Study.--Each study under this section shall 
     address--
       (1) the extent to which the establishment of a Deputy 
     Secretary of Defense for Management would--
       (A) improve the management of the Department of Defense;
       (B) expedite the process of management reform in the 
     Department; and
       (C) enhance the implementation of business systems 
     modernization in the Department;
       (2) the appropriate relationship of the Deputy Secretary of 
     Defense for Management to other Department of Defense 
     officials;
       (3) the appropriate term of service for a Deputy Secretary 
     of Defense for Management; and
       (4) the experience of any other Federal agencies that have 
     instituted similar management positions.
       (c) Deputy Secretary for Management Position Described.--
     For the purposes of this section, a Deputy Secretary of 
     Defense for Management is an official who--
       (1) serves as the Chief Management Officer of the 
     Department of Defense;
       (2) is the principal advisor to the Secretary of Defense on 
     matters relating to the management of the Department of 
     Defense, including defense business activities, to ensure 
     Department-wide capability to carry out the strategic plan of 
     the Department of Defense in support of national security 
     objectives; and
       (3) takes precedence in the Department of Defense 
     immediately after the Deputy Secretary of Defense.

     SEC. 908. RESPONSIBILITY OF THE JOINT CHIEFS OF STAFF AS 
                   MILITARY ADVISERS TO THE HOMELAND SECURITY 
                   COUNCIL.

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

     SEC. 909. IMPROVEMENT IN HEALTH CARE SERVICES FOR RESIDENTS 
                   OF ARMED FORCES RETIREMENT HOME.

       (a) Availability of Physicians and Dentists; Medical Care 
     Transportation.--Section 1513 of the Armed Forces Retirement 
     Home Act of 1991 (24 U.S.C. 413) is amended--
       (1) in subsection (a), by striking ``subsection (b)'' and 
     inserting ``subsections (b), (c), and (d)'';
       (2) in the third sentence of subsection (b), by striking 
     ``The'' and inserting ``Except as provided in subsection (d), 
     the''; and
       (3) by adding at the end the following new subsections:
       ``(c) Availability of Physicians and Dentists.--(1) In 
     providing for the health care needs of residents at a 
     facility of the Retirement Home under subsection (b), the 
     Retirement Home shall have a physician and a dentist--
       ``(A) available at the facility during the daily business 
     hours of the facility; and

[[Page H12815]]

       ``(B) available on an on-call basis at other times.
       ``(2) The physicians and dentists required by this 
     subsection shall have the skills and experience suited to 
     residents of the facility served by the physicians and 
     dentists.
       ``(3) To ensure the availability of health care services 
     for residents of a facility of the Retirement Home, the Chief 
     Operating Officer, in consultation with the Medical Director, 
     shall establish uniform standards, appropriate to the medical 
     needs of the residents, for access to health care services 
     during and after the daily business hours of the facility.
       ``(d) Transportation to Medical Care Outside Retirement 
     Home Facilities.--(1) With respect to each facility of the 
     Retirement Home, the Retirement Home shall provide daily 
     scheduled transportation to nearby medical facilities used by 
     residents of the facility. The Retirement Home may provide, 
     based on a determination of medical need, unscheduled 
     transportation for a resident of the facility to any medical 
     facility located not more than 30 miles from the facility for 
     the provision of necessary and urgent medical care for the 
     resident.
       ``(2) The Retirement Home may not collect a fee from a 
     resident for transportation provided under this 
     subsection.''.
       (b) Comptroller General Assessment.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Comptroller General shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a report containing--
       (1) an assessment of the regulatory oversight and 
     monitoring of health care and nursing home care services 
     provided by the Armed Forces Retirement Home; and
       (2) such recommendations as the Comptroller General 
     considers appropriate in light of the results of the 
     assessment.
                      Subtitle B--Space Activities

     SEC. 911. SPACE SITUATIONAL AWARENESS STRATEGY AND SPACE 
                   CONTROL MISSION REVIEW.

       (a) Findings.--The Congress finds that--
       (1) the Department of Defense has the responsibility, 
     within the executive branch, for developing the strategy and 
     the systems of the United States for ensuring freedom to 
     operate United States space assets affecting national 
     security; and
       (2) the foundation of any credible strategy for ensuring 
     freedom to operate United States space assets is a 
     comprehensive system for space situational awareness.
       (b) Space Situational Awareness Strategy.--
       (1) Requirement.--The Secretary of Defense shall develop a 
     strategy, to be known as the ``Space Situational Awareness 
     Strategy'', for ensuring freedom to operate United States 
     space assets affecting national security. The Secretary shall 
     submit the Space Situational Awareness Strategy to Congress 
     not later than April 15, 2006. The Secretary shall submit to 
     Congress an updated, current version of the strategy not 
     later than April 15 of every odd-numbered year thereafter.
       (2) Time periods.--The Space Situational Awareness Strategy 
     shall cover--
       (A) the 20-year period from 2006 through 2025; and
       (B) three separate successive periods, the first beginning 
     with 2006, designed to align with the next three periods for 
     the Future-Years Defense Plan.
       (3) Matters to be included.--The Space Situational 
     Awareness Strategy shall include the following for each 
     period specified in paragraph (2):
       (A) A threat assessment describing the perceived threats to 
     United States space assets affecting national security.
       (B) A list of the desired effects and required space 
     situational awareness capabilities required for national 
     security.
       (C) Details for a coherent and comprehensive strategy for 
     the United States for space situational awareness, together 
     with a description of the systems architecture to implement 
     that strategy in light of the threat assessment and the 
     desired effects and required capabilities identified under 
     subparagraphs (A) and (B).
       (D) The space situational awareness capabilities roadmap 
     required by subsection (c).
       (c) Space Situational Awareness Capabilities Roadmap.--The 
     Space Situational Awareness Strategy shall include a roadmap, 
     to be known as the ``space situational awareness capabilities 
     roadmap'', which shall include the following:
       (1) A description of each of the individual program 
     concepts that will make up the systems architecture described 
     pursuant to subsection (b)(3)(C).
       (2) For each such program concept, a description of the 
     specific capabilities to be achieved and the threats to be 
     abated.
       (d) Space Situational Awareness Implementation Plan.--
       (1) Requirement.--The Secretary of the Air Force shall 
     develop a plan, to be known as the ``space situational 
     awareness implementation plan'', for the development of the 
     systems architecture described pursuant to subsection 
     (b)(3)(C).
       (2) Matters to be included.--The space situational 
     awareness implementation plan shall include a description of 
     the following:
       (A) The capabilities of all systems deployed as of mid-2005 
     or planned for modernization or acquisition from 2006 to 
     2015.
       (B) Recommended solutions for inadequacies in the 
     architecture to address threats and the desired effects and 
     required capabilities identified under subparagraphs (A) and 
     (B) of subsection (b)(3).
       (e)  Space Control Mission Review and Assessment.--
       (1) Requirement.--The Secretary of Defense shall provide 
     for a review and assessment of the requirements of the 
     Department of Defense for the space control mission. The 
     review and assessment shall be conducted by an entity of the 
     Department of Defense outside of the Department of the Air 
     Force.
       (2) Matters to be included.--The review and assessment 
     under paragraph (1) shall consider the following:
       (A) Whether current activities of the Department of Defense 
     match current requirements of the Department for the current 
     space control mission.
       (B) Whether there exists proper allocation of appropriate 
     resources to fulfill the current space control mission.
       (C) The plans of the Department of Defense for the future 
     space control mission.
       (3) Report.--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 
     results of the review and assessment under paragraph (1). The 
     report shall include the following:
       (A) The findings and conclusions of the entity conducting 
     the review and assessment on (A) requirements of the 
     Department of Defense for the space control mission, and (B) 
     the efforts of the Department to meet those requirements.
       (B) Recommendations regarding the best means by which the 
     Department may meet those requirements.
       (4) Space control mission defined.--In this subsection, the 
     term ``space control mission'' means the mission of the 
     Department of Defense involving the following:
       (A) Space situational awareness.
       (B) Defensive counterspace operations.
       (C) Offensive counterspace operations.

     SEC. 912. MILITARY SATELLITE COMMUNICATIONS.

       (a) Findings.--Congress finds the following:
       (1) Military requirements for satellite communications 
     exceed the capability of on-orbit assets as of mid-2005.
       (2) To meet future military requirements for satellite 
     communications, the Secretary of the Air Force has initiated 
     a highly complex and revolutionary program called the 
     Transformational Satellite Communications System (TSAT).
       (3) If the program referred to in paragraph (2) experiences 
     setbacks that prolong the development and deployment of the 
     capability to be provided by that program, the Secretary of 
     the Air Force must be prepared to implement contingency 
     programs to achieve interim improvements in the capabilities 
     of satellite communications to meet military requirements 
     through upgrades to current systems.
       (b) Development of Options.--In order to prepare for the 
     contingency referred to in subsection (a)(3), the Director of 
     the National Security Space Office of the Department of 
     Defense shall provide for an assessment, to be conducted by 
     an entity outside the Department of Defense, to develop and 
     compare options for the individual acquisition of additional 
     Advanced Extremely High Frequency space vehicles, in 
     conjunction with modifications to future acquisitions under 
     the Wideband Gapfiller System program, that will accomplish 
     the following:
       (1) Minimize nonrecurring costs.
       (2) Improve communications-on-the-move capabilities.
       (3) Increase net centricity for communications.
       (4) Increase satellite throughput.
       (5) Increase user connectivity.
       (6) Improve airborne communications support.
       (7) Minimize effects of a break in production.
       (8) Minimize risk associated with gaps in functional 
     availability of on-orbit assets.
       (c) Analysis of Alternatives Report.--Not later than April 
     15, 2006, the Director of the National Security Space Office 
     shall submit to Congress a report providing an analysis of 
     alternatives with respect to the options developed pursuant 
     to subsection (b). The analysis of alternatives shall be 
     prepared taking into consideration the findings and 
     recommendations of the independent assessment conducted under 
     subsection (b).

     SEC. 913. OPERATIONALLY RESPONSIVE SPACE.

       (a) Joint Operationally Responsive Space Payload Technology 
     Organization.--
       (1) In general.--The Secretary of Defense shall establish 
     or designate an organization in the Department of Defense to 
     coordinate joint operationally responsive space payload 
     technology.
       (2) Master plan.--The organization established or 
     designated under paragraph (1) shall produce an annual master 
     plan for coordination of operationally responsive space 
     payload technology and shall coordinate resources provided to 
     stimulate technical development of small satellite payloads. 
     The annual master plan shall describe focus areas for 
     development of operationally responsive space payload 
     technology, including--
       (A) miniaturization technology for satellite payloads;
       (B) increased sensor acuity;
       (C) concept of operations exploration;
       (D) increased processor capability; and
       (E) such additional matters as the head of that 
     organization determines appropriate.
       (3) Requests for proposals.--The Secretary of Defense, 
     acting through the Director of the Office of Force 
     Transformation, shall award contracts, from amounts available 
     for that purpose for any fiscal year, for technology projects 
     that support the focus areas set out in the master plan for 
     development of operationally responsive space payload 
     technology.
       (4) Assessment factors.--In assessing any proposal 
     submitted for a contract under paragraph (3), the Secretary 
     shall consider --
       (A) how the proposal correlates to the goals articulated in 
     the master plan under paragraph (2) and to the National 
     Security Space Architecture; and

[[Page H12816]]

       (B) the probability, for the project for which the proposal 
     is submitted, of eventual transition either to a laboratory 
     of one of the military departments for continued development 
     or to a joint program office for operational deployment.
       (b) Report on Joint Program Office for TACSAT.--Not later 
     than February 28, 2006, the Secretary of Defense shall submit 
     to the congressional defense committees a report providing a 
     plan for the creation of a joint program office for the 
     Tactical Satellite program and for transition of that program 
     out of the Office of Force Transformation and to the 
     administration of the joint program office. The report shall 
     be prepared in conjunction with the Department of Defense 
     executive agent for space.
       (c) Joint Report on Certain Space and Missile Defense 
     Activities.--Not later than February 28, 2006, the Department 
     of Defense executive agent for space and the Director of the 
     Missile Defense Agency shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a joint report on the value of 
     each of the following:
       (1) Increased use of the Rocket Systems Launch Program for 
     the respective missions of the Department of the Air Force 
     and the Missile Defense Agency.
       (2) An agreement between the Director of the Missile 
     Defense Agency and the Secretary of the Air Force for 
     eventual transition of operational control of small satellite 
     demonstrations from the Missile Defense Agency to the 
     Department of the Air Force.
       (3) A partnership between the Missile Defense Agency and 
     the Department of the Air Force in the development of common 
     high-altitude and near-space assets for the respective 
     missions of the Missile Defense Agency and the Department of 
     the Air Force.

     SEC. 914. REPORT ON USE OF SPACE RADAR FOR TOPOGRAPHICAL 
                   MAPPING FOR SCIENTIFIC AND CIVIL PURPOSES.

       (a) Report Required.--Not later than October 1, 2006, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the feasibility and 
     advisability of using systems developed within the Space 
     Radar program of the Department of Defense 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 use of Space Radar 
     systems for scientific or civil purposes that is identified 
     by the Secretary for purposes of the report.
       (2) A description and evaluation of any addition or 
     modification to Space Radar systems that is identified by the 
     Secretary for purposes of the report that would increase the 
     utility of those systems to the scientific community or other 
     elements of the private sector for scientific or civil 
     purposes, including the use of additional frequencies, the 
     development or enhancement of ground systems, and the 
     enhancement of operations.
       (3) A description and evaluation of the effects, if any, on 
     the primary missions of the Space Radar, and on the 
     development of the Space Radar, of the use of systems 
     developed within the Space Radar program for scientific or 
     civil purposes.
       (4) A description of the costs of any addition or 
     modification identified pursuant to paragraph (2).
       (5) A description of the process for developing and 
     validating requirements for the Space Radar, including the 
     involvement of the Civil Applications Committee or other 
     organizations outside the Department of Defense.
       (6) A description and evaluation of the processes that 
     would be used to modify Space Radar systems in order to meet 
     the needs of the scientific community, or other elements of 
     the private sector with respect to the use of those systems 
     for scientific or civil purposes, and for meeting the costs 
     of such modifications.

     SEC. 915. SENSE OF CONGRESS REGARDING NATIONAL SECURITY 
                   ASPECT OF UNITED STATES PREEMINENCE IN HUMAN 
                   SPACEFLIGHT.

       (a) Findings.--The Congress finds that the following:
       (1) Preeminence by the United States in human spaceflight 
     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) An increasing 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.
       (7) The industrial base and capabilities represented by the 
     Space Transportation System (popularly referred to as the 
     ``space shuttle'') provide a critical launch capability for 
     the Nation.
       (b) Sense of Congress.--It is the sense of Congress that it 
     is in the national security interest of the United States to 
     maintain preeminence in human spaceflight.
             Subtitle C--Chemical Demilitarization Program

     SEC. 921. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY 
                   UNDER CHEMICAL DEMILITARIZATION PROGRAM.

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

     SEC. 922. CHEMICAL DEMILITARIZATION FACILITIES.

       (a) Authority To Use Research, Development, Test, and 
     Evaluation Funds To Construct Facilities.--The Secretary of 
     Defense may, using amounts authorized to be appropriated by 
     section 201(4) for research, development, test, and 
     evaluation, Defense-wide and available for chemical weapons 
     demilitarization activities under the Assembled Chemical 
     Weapons Alternatives program, carry out construction 
     projects, or portions of construction projects, for 
     facilities necessary to support chemical demilitarization 
     operations at each of the following:
       (1) Pueblo Army Depot, Colorado.
       (2) Blue Grass Army Depot, Kentucky.
       (b) Scope of Authority.--The authority in subsection (a) to 
     carry out a construction project for facilities includes 
     authority to carry out planning and design and the 
     acquisition of land for the construction or improvement of 
     such facilities.
       (c) Limitation on Amount of Funds.--The amount of funds 
     that may be utilized under the authority in subsection (a) 
     may not exceed $51,000,000.
       (d) Duration of Authority.--A construction project, or 
     portion of a construction project, may not be commenced under 
     the authority in subsection (a) after September 30, 2006.
       (e) Notice and Wait.--The Secretary may not carry out a 
     construction project, or portion of a construction project, 
     under the authority in subsection (a) until the end of the 
     21-day period beginning on the date on which the Secretary 
     submits to the congressional defense committees notice of the 
     Secretary's intent to carry out such project and confirms his 
     intent to seek funding for these projects beginning in fiscal 
     year 2007 through the military construction appropriations 
     accounts.
                Subtitle D--Intelligence-Related Matters

     SEC. 931. DEPARTMENT OF DEFENSE STRATEGY FOR OPEN-SOURCE 
                   INTELLIGENCE.

       (a) Findings.--Congress makes the following findings:
       (1) Open-source intelligence (OSINT) is intelligence that 
     is produced from publicly available information and is 
     collected, exploited, and disseminated in a timely manner to 
     an appropriate audience for the purpose of addressing a 
     specific intelligence requirement.
       (2) With the Information Revolution, the amount, 
     significance, and accessibility of open-source information 
     has expanded significantly, but the intelligence community 
     has not expanded its exploitation efforts and systems to 
     produce open-source intelligence.
       (3) The production of open-source intelligence is a 
     valuable intelligence discipline that must be integrated into 
     intelligence tasking, collection, processing, exploitation, 
     and dissemination to ensure that United States policymakers 
     are fully and completely informed.
       (4) The dissemination and use of validated open-source 
     intelligence inherently enables information sharing since 
     open-source intelligence is produced without the use of 
     sensitive sources and methods. Open-source intelligence 
     products can be shared with the American public and foreign 
     allies because of the unclassified nature of open-source 
     intelligence.
       (5) The National Commission on Terrorist Attacks Upon the 
     United States (popularly referred to as the ``9/11 
     Commission''), in its final report released on July 22, 2004, 
     identified shortfalls in the ability of the United States to 
     use all-source intelligence, a large component of which is 
     open-source intelligence.
       (6) In the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (Public Law 108-458), Congress calls for coordination 
     of the collection, analysis, production, and dissemination of 
     open-source intelligence.
       (7) The Commission on the Intelligence Capabilities of the 
     United States Regarding Weapons of Mass Destruction, in its 
     report to the President released on March 31, 2005, found 
     that ``the need for exploiting open-source material is 
     greater now than ever before,'' but that ``the Intelligence 
     Community's open source programs have not expanded 
     commensurate with either

[[Page H12817]]

     the increase in available information or with the growing 
     importance of open source data to today's problems''.
       (b) Department of Defense Strategy for Open-Source 
     Intelligence.--
       (1) Development of strategy.--The Secretary of Defense 
     shall develop a strategy for the purpose of integrating open-
     source intelligence into the Defense intelligence process. 
     The strategy shall be known as the ``Defense Strategy for 
     Open-Source Intelligence''. The strategy shall be 
     incorporated within the larger Defense intelligence strategy.
       (2) Submission.--The Secretary shall submit to Congress a 
     report setting forth the strategy developed under paragraph 
     (1). The report shall be submitted not later than 180 days 
     after the date of the enactment of this Act.
       (c) Matters To Be Included.--The strategy under subsection 
     (b) shall include the following
       (1) A plan for providing funds over the period of the 
     future-years defense program for the development of a robust 
     open-source intelligence capability for the Department of 
     Defense, with particular emphasis on exploitation and 
     dissemination.
       (2) A description of how management of the collection of 
     open-source intelligence is currently conducted within the 
     Department of Defense and how that management can be 
     improved.
       (3) A description of the tools, systems, centers, 
     organizational entities, and procedures to be used within the 
     Department of Defense to perform open-source intelligence 
     tasking, collection, processing, exploitation, and 
     dissemination.
       (4) A description of proven tradecraft for effective 
     exploitation of open-source intelligence, to include 
     consideration of operational security.
       (5) A detailed description on how open-source intelligence 
     will be fused with all other intelligence sources across the 
     Department of Defense.
       (6) A description of--
       (A) a training plan for Department of Defense intelligence 
     personnel with respect to open-source intelligence; and
       (B) open-source intelligence guidance for Department of 
     Defense intelligence personnel.
       (7) A plan to incorporate the function of oversight of 
     open-source intelligence--
       (A) into the Office of the Undersecretary of Defense for 
     Intelligence; and
       (B) into service intelligence organizations.
       (8) A plan to incorporate and identify an open-source 
     intelligence specialty into personnel systems of the 
     Department of Defense, including military personnel systems.
       (9) A plan for the use of intelligence personnel of the 
     reserve components to augment and support the open-source 
     intelligence mission.
       (10) A plan for the use of the Open-Source Information 
     System for the purpose of exploitation and dissemination of 
     open-source intelligence.

     SEC. 932. COMPREHENSIVE INVENTORY OF DEPARTMENT OF DEFENSE 
                   INTELLIGENCE AND INTELLIGENCE-RELATED PROGRAMS 
                   AND PROJECTS.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional committees specified in subsection (b) a 
     report providing a comprehensive inventory of Department of 
     Defense intelligence and intelligence-related programs and 
     projects. The Secretary shall prepare the inventory in 
     consultation with the Director of National Intelligence, as 
     appropriate.
       (b) Committees.--The congressional committees referred to 
     in subsection (a) are the following:
       (1) The Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate.
       (2) The Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.

     SEC. 933. OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE 
                   AGENCY.

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


         ``Operational files of the Defense Intelligence Agency

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

[[Page H12818]]

     under subsection (a) to determine whether such exemptions may 
     be removed from a category of exempted files or any portion 
     thereof. The Director of National Intelligence must approve 
     any determinations to remove such exemptions.
       ``(2) The review required by paragraph (1) shall include 
     consideration of the historical value or other public 
     interest in the subject matter of the particular category of 
     files or portions thereof and the potential for declassifying 
     a significant part of the information contained therein.
       ``(3) A complainant that alleges that the Defense 
     Intelligence Agency has improperly withheld records because 
     of failure to comply with this subsection may seek judicial 
     review in the district court of the United States of the 
     district in which any of the parties reside, or in the 
     District of Columbia. In such a proceeding, the court's 
     review shall be limited to determining the following:
       ``(A) Whether the Defense Intelligence Agency has conducted 
     the review required by paragraph (1) before the expiration of 
     the 10-year period beginning on the date of the enactment of 
     this section or before the expiration of the 10-year period 
     beginning on the date of the most recent review.
       ``(B) Whether the Defense Intelligence Agency, in fact, 
     considered the criteria set forth in paragraph (2) in 
     conducting the required review.
       ``(g) Termination.--This section shall cease to be 
     effective on December 31, 2007.''.
       (2) Clerical amendment.--The table of contents in the first 
     section of the National Security Act of 1947 is amended by 
     inserting after the item relating to section 704 the 
     following new item:

``Sec. 705. Operational files of the Defense Intelligence Agency.''.

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

                     Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Authorization of emergency supplemental appropriations for 
              fiscal years 2005 and 2006.
Sec. 1003. Increase in fiscal year 2005 general transfer authority.
Sec. 1004. Reports on feasibility and desirability of capital budgeting 
              for major defense acquisition programs.
Sec. 1005. United States contribution to NATO common-funded budgets in 
              fiscal year 2006.

                Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Conveyance, Navy drydock, Seattle, Washington.
Sec. 1012. Conveyance, Navy drydock, Jacksonville, Florida.
Sec. 1013. Conveyance, Navy drydock, Port Arthur, Texas.
Sec. 1014. Transfer of battleships U.S.S. WISCONSIN and U.S.S. IOWA.
Sec. 1015. Transfer of ex-U.S.S. Forrest Sherman.
Sec. 1016. Report on leasing of vessels to meet national defense 
              sealift requirements.
Sec. 1017. Establishment of the USS Oklahoma Memorial and other 
              memorials at Pearl Harbor.
Sec. 1018. Authority to use National Defense Sealift Fund to purchase 
              certain maritime prepositioning ships currently under 
              charter to the Navy.

                  Subtitle C--Counter-Drug Activities

Sec. 1021. Resumption of reporting requirement regarding Department of 
              Defense expenditures to support foreign counter-drug 
              activities.
Sec. 1022. Clarification of authority for joint task forces to support 
              law enforcement agencies conducting counter-terrorism 
              activities.
Sec. 1023. Sense of Congress regarding drug trafficking deterrence.

            Subtitle D--Matters Related to Homeland Security

Sec. 1031. Responsibilities of Assistant Secretary of Defense for 
              Homeland Defense relating to nuclear, chemical, and 
              biological emergency response.
Sec. 1032. Testing of preparedness for emergencies involving nuclear, 
              radiological, chemical, biological, and high-yield 
              explosives weapons.
Sec. 1033. Department of Defense chemical, biological, radiological, 
              nuclear, and high-yield explosives response teams.
Sec. 1034. Repeal of Department of Defense emergency response 
              assistance program.
Sec. 1035. Report on use of Department of Defense aerial reconnaissance 
              assets to support Homeland Security border security 
              missions.

                    Subtitle E--Reports and Studies

Sec. 1041. Review of Defense Base Act insurance.
Sec. 1042. Report on Department of Defense response to findings and 
              recommendations of Defense Science Board Task Force on 
              High Performance Microchip Supply.

                       Subtitle F--Other Matters

Sec. 1051. Commission on the Implementation of the New Strategic 
              Posture of the United States.
Sec. 1052. Reestablishment of EMP Commission.
Sec. 1053. Modernization of authority relating to security of defense 
              property and facilities.
Sec. 1054. Revision of Department of Defense counterintelligence 
              polygraph program.
Sec. 1055. Preservation of records pertaining to radioactive fallout 
              from nuclear weapons testing.
Sec. 1056. Technical and clerical amendments.
Sec. 1057. Deletion of obsolete definitions in titles 10 and 32, United 
              States Code.
Sec. 1058. Support for youth organizations.
Sec. 1059. Special immigrant status for persons serving as translators 
              with United States Armed Forces.
Sec. 1060. Expansion of emergency services under reciprocal agreements.
Sec. 1061. Renewal of moratorium on return of veterans memorial objects 
              to foreign nations without specific authorization in law.
Sec. 1062. Sense of Congress on national security interest of 
              maintaining aeronautics research and development.
Sec. 1063. Airport certification.

                   Subtitle G--Military Mail Matters

Sec. 1071. Safe delivery of mail in military mail system.
                     Subtitle A--Financial Matters

     SEC. 1001. TRANSFER AUTHORITY.

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

     SEC. 1002. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL 
                   APPROPRIATIONS FOR FISCAL YEARS 2005 AND 2006.

       (a) Emergency Supplemental Appropriations Act for Defense, 
     the Global War on Terror, and Tsunami Relief, 2005.--Amounts 
     authorized to be appropriated to the Department of Defense 
     and the Department of Energy for fiscal year 2005 in the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375) are hereby adjusted, 
     with respect to any such authorized amount, by the amount by 
     which appropriations pursuant to such authorization are 
     increased by a supplemental appropriation or decreased by a 
     rescission, or both, or are increased by a transfer of funds, 
     pursuant to title I and chapter 2 of title IV of division A 
     of the Emergency Supplemental Appropriations Act for Defense, 
     the Global War on Terror, and Tsunami Relief, 2005 (Public 
     Law 109-13).
       (b) First Emergency Supplemental To Meet Needs Arising From 
     Hurricane Katrina.--Amounts authorized to be appropriated to 
     the Department of Defense for fiscal year 2005 in the Ronald 
     W. Reagan National Defense Authorization Act for Fiscal Year 
     2005 (Public Law 108-375) are hereby adjusted, with respect 
     to any such authorized amount, by the amount by which 
     appropriations pursuant to such authorized amount are 
     increased by a supplemental appropriation, or by a transfer 
     of funds, pursuant to the Emergency Supplemental 
     Appropriations Act to Meet Immediate Needs Arising From the 
     Consequences of Hurricane Katrina, 2005 (Public Law 109-61).
       (c) Second Emergency Supplemental To Meet Needs Arising 
     From Hurricane Katrina.--Amounts authorized to be 
     appropriated to the Department of Defense for fiscal year 
     2005 in the Ronald W. Reagan National Defense Authorization 
     Act for Fiscal Year 2005 are hereby adjusted, with respect to 
     any such authorized amount, by the amount by which 
     appropriations pursuant to such authorized amount are 
     increased by a supplemental appropriation, or by a transfer 
     of funds, pursuant to the Second Emergency Supplemental 
     Appropriations Act to Meet Immediate Needs Arising From the 
     Consequences of Hurricane Katrina, 2005 (Public Law 109-62).
       (d) Supplemental Appropriations for Avian Flu 
     Preparedness.--Amounts authorized to be appropriated to the 
     Department of Defense for fiscal year 2006 in this Act are 
     hereby adjusted, with respect to any such authorized

[[Page H12819]]

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

     SEC. 1003. INCREASE IN FISCAL YEAR 2005 GENERAL TRANSFER 
                   AUTHORITY.

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

     SEC. 1004. REPORTS ON FEASIBILITY AND DESIRABILITY OF CAPITAL 
                   BUDGETING FOR MAJOR DEFENSE ACQUISITION 
                   PROGRAMS.

       (a) Capital Budgeting Defined.--For the purposes of this 
     section, the term ``capital budgeting'' means a budget 
     process that--
       (1) identifies large capital outlays that are expected to 
     be made in future years, together with identification of the 
     proposed means to finance those outlays and the expected 
     benefits of those outlays;
       (2) separately identifies revenues and outlays for capital 
     assets from revenues and outlays for an operating budget;
       (3) allows for the issue of long-term debt to finance 
     capital investments; and
       (4) provides the budget authority for acquiring a capital 
     asset over several fiscal years (rather than in a single 
     fiscal year at the beginning of such acquisition).
       (b) Reports Required.--Not later than July 1, 2006, the 
     Secretary of Defense and the Secretary of each military 
     department shall each submit to Congress a report analyzing 
     the feasibility and desirability of using a capital budgeting 
     system for the financing of major defense acquisition 
     programs. Each such report shall address the following 
     matters:
       (1) The potential long-term effect on the defense 
     industrial base of the United States of continuing with the 
     current full up-front funding system for major defense 
     acquisition programs.
       (2) Whether use of a capital budgeting system could create 
     a more effective decisionmaking process for long-term 
     investments in major defense acquisition programs.
       (3) The manner in which a capital budgeting system for 
     major defense acquisition programs would affect the budget 
     planning and formulation process of the military departments.
       (4) The types of financial mechanisms that would be needed 
     to provide funds for such a capital budgeting system.

     SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED 
                   BUDGETS IN FISCAL YEAR 2006.

       (a) Fiscal Year 2006 Limitation.--The total amount 
     contributed by the Secretary of Defense in fiscal year 2006 
     for the common-funded budgets of NATO may be any amount up 
     to, but not in excess of, the amount specified in subsection 
     (b) (rather than the maximum amount that would otherwise be 
     applicable to those contributions under the fiscal year 1998 
     baseline limitation).
       (b) Total Amount.--The amount of the limitation applicable 
     under subsection (a) is the sum of the following:
       (1) The amounts of unexpended balances, as of the end of 
     fiscal year 2005, of funds appropriated for fiscal years 
     before fiscal year 2006 for payments for those budgets.
       (2) The amount specified in subsection (c)(1).
       (3) The amount specified in subsection (c)(2).
       (4) The total amount of the contributions authorized to be 
     made under section 2501.
       (c) Authorized Amounts.--Amounts authorized to be 
     appropriated by titles II and III of this Act are available 
     for contributions for the common-funded budgets of NATO as 
     follows:
       (1) Of the amount provided in section 201(1), $763,000 for 
     the Civil Budget.
       (2) Of the amount provided in section 301(1), $289,447,000 
     for the Military Budget.
       (d) Definitions.--For purposes of this section:
       (1) Common-funded budgets of nato.--The term ``common-
     funded budgets of NATO'' means the Military Budget, the 
     Security Investment Program, and the Civil Budget of the 
     North Atlantic Treaty Organization (and any successor or 
     additional account or program of NATO).
       (2) Fiscal year 1998 baseline limitation.--The term 
     ``fiscal year 1998 baseline limitation'' means the maximum 
     annual amount of Department of Defense contributions for 
     common-funded budgets of NATO that is set forth as the annual 
     limitation in section 3(2)(C)(ii) of the resolution of the 
     Senate giving the advice and consent of the Senate to the 
     ratification of the Protocols to the North Atlantic Treaty of 
     1949 on the Accession of Poland, Hungary, and the Czech 
     Republic (as defined in section 4(7) of that resolution), 
     approved by the Senate on April 30, 1998.
                Subtitle B--Naval Vessels and Shipyards

     SEC. 1011. CONVEYANCE, NAVY DRYDOCK, SEATTLE, WASHINGTON.

       (a) Conveyance Authorized.--The Secretary of the Navy is 
     authorized to convey the yard floating drydock YFD-70, 
     located in Seattle, Washington, to Todd Pacific Shipyards 
     Corporation, that company being the current user of the 
     drydock.
       (b) Condition of Conveyance.--The Secretary shall require 
     as a condition of the conveyance under subsection (a) that 
     the drydock remain at the facilities of Todd Pacific 
     Shipyards Corporation until at least September 30, 2010.
       (c) Consideration.--As consideration for the conveyance of 
     the drydock under subsection (a), the purchaser shall provide 
     compensation to the United States the value of which, as 
     determined by the Secretary, is equal to the fair market 
     value of the drydock, as determined by the Secretary.
       (d) Transfer at No Cost to United States.--The provisions 
     of section 7306(c) of title 10, United States Code, shall 
     apply to the conveyance under this section.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 1012. CONVEYANCE, NAVY DRYDOCK, JACKSONVILLE, FLORIDA.

       (a) Conveyance Authorized.--The Secretary of the Navy is 
     authorized to convey the medium auxiliary floating drydock 
     SUSTAIN (AFDM-7), located in Duval County, Florida, to 
     Atlantic Marine Property Holding Company, that company being 
     the current user of the drydock.
       (b) Condition of Conveyance.--The Secretary shall require 
     as a condition of the conveyance under subsection (a) that 
     the drydock remain at the facilities of Atlantic Marine 
     Property Holding Company until at least September 30, 2010.
       (c) Consideration.--As consideration for the conveyance of 
     the drydock under subsection (a), the purchaser shall provide 
     compensation to the United States the value of which, as 
     determined by the Secretary, is equal to the fair market 
     value of the drydock, as determined by the Secretary.
       (d) Transfer at No Cost to United States.--The provisions 
     of section 7306(c) of title 10, United States Code, shall 
     apply to the conveyance under this section.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 1013. CONVEYANCE, NAVY DRYDOCK, PORT ARTHUR, TEXAS.

       (a) Conveyance Authorized.--The Secretary of the Navy is 
     authorized to convey to the port authority of the city of 
     Port Arthur, Texas, the inactive medium auxiliary floating 
     drydock designated as AFDM-2, currently administered through 
     the National Defense Reserve Fleet.
       (b) Condition of Conveyance.--The Secretary shall require 
     as a condition of the conveyance under subsection (a) that 
     the drydock remain at the facilities of the port authority 
     named in subsection (a).

[[Page H12820]]

       (c) Consideration.--As consideration for the conveyance of 
     the drydock under subsection (a), the purchaser shall provide 
     compensation to the United States the value of which, as 
     determined by the Secretary, is equal to the fair market 
     value of the drydock, as determined by the Secretary.
       (d) Transfer at No Cost to United States.--The provisions 
     of section 7306(c) of title 10, United States Code, shall 
     apply to the conveyance under this section.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 1014. TRANSFER OF BATTLESHIPS U.S.S. WISCONSIN AND 
                   U.S.S. IOWA.

       (a) Transfer of Battleship Wisconsin.--The Secretary of the 
     Navy is authorized--
       (1) to strike the battleship U.S.S. WISCONSIN (BB-64) from 
     the Naval Vessel Register; and
       (2) to transfer that vessel, by gift or otherwise, in 
     accordance with section 7306 of title 10, United States Code, 
     except that the Secretary shall require, as a condition of 
     transfer, that the transferee locate the vessel in the 
     Commonwealth of Virginia.
       (b) Transfer of Battleship Iowa.--The Secretary of the Navy 
     is authorized--
       (1) to strike the battleship U.S.S. IOWA (BB-61) from the 
     Naval Vessel Register; and
       (2) to transfer that vessel, by gift or otherwise, in 
     accordance with section 7306 of title 10, United States Code, 
     except that the Secretary shall require, as a condition of 
     transfer, that the transferee locate the vessel in the State 
     of California.
       (c) Inapplicability of Notice-and-wait Requirement.--
     Section 7306(d) of title 10, United States Code, does not 
     apply to the transfer authorized by subsection (a) or the 
     transfer authorized by subsection (b).
       (d) Authority for Reversion in Event of National 
     Emergency.--The Secretary of the Navy shall require that the 
     terms of the transfer of a vessel under this section include 
     a requirement that, in the event the President declares a 
     national emergency pursuant to the National Emergencies Act 
     (50 U.S.C. 1601 et seq.), the transferee of the vessel shall, 
     upon request of the Secretary of Defense, return the vessel 
     to the United States and that, in such a case, unless the 
     transferee is otherwise notified by the Secretary, title to 
     the vessel shall revert immediately to the United States.
       (e) Repeal of Superseded Requirements and Authorities.--
       (1) Section 1011 of the National Defense Authorization Act 
     for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 421) is 
     repealed.
       (2) Section 1011 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     112 Stat. 2118) is repealed.

     SEC. 1015. TRANSFER OF EX-U.S.S. FORREST SHERMAN.

       (a) Transfer.--The Secretary of the Navy may transfer the 
     decommissioned destroyer ex-U.S.S. Forrest Sherman (DD-931) 
     to the USS Forrest Sherman DD-931 Foundation, Inc., a 
     nonprofit organization under the laws of the State of 
     Maryland, subject to the submission of a donation application 
     for that vessel that is satisfactory to the Secretary.
       (b) Applicable Law.--The transfer under this section is 
     subject to subsections (b) and (c) of section 7306 of title 
     10, United States Code. Subsection (d) of that section is 
     hereby waived with respect to such transfer.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the transfer under subsection (a) as the Secretary 
     considers appropriate.
       (d) Expiration of Authority.--The authority granted by 
     subsection (a) shall expire at the end of the five-year 
     period beginning on the date of the enactment of this Act.

     SEC. 1016. REPORT ON LEASING OF VESSELS TO MEET NATIONAL 
                   DEFENSE SEALIFT REQUIREMENTS.

       (a) Report Requirement.--The Secretary of Defense shall 
     submit to the Committee on Armed Services of the House of 
     Representatives and the Committee on Armed Services of the 
     Senate by no later than March 1, 2006, a report on leasing 
     (including chartering) of vessels by the Department of 
     Defense to meet national defense sealift requirements, 
     including leasing under sections 2401 and 2401a of title 10, 
     United States Code.
       (b) Matters To Be Included.--The report under subsection 
     (a) shall include the following:
       (1) A description of--
       (A) the portion of national defense sealift requirements 
     that, during the 3-year period preceding the date of the 
     enactment of this Act, was met through leasing of vessels;
       (B) the portion of such requirements that was met during 
     that period through use of vessels owned by the United 
     States; and
       (C) for each of the portions described under subparagraph 
     (A) and (B), a description of the number of each type of 
     vessel used to meet such requirements, including roll-on/
     roll-off vessels, dry bulk carriers, oilers, and other vessel 
     types.
       (2) With respect to vessels that were leased in the 3-year 
     period preceding the date of the enactment of this Act--
       (A) a listing of such vessels;
       (B) identification of the country in which each vessel was 
     constructed or reconstructed;
       (C) identification of the country under the laws of which 
     each vessel is documented;
       (D) with respect to periods during which each vessel was 
     operated under lease to the Department of Defense, 
     identification of the routes on which each vessel operated 
     and the ports at which each vessel called;
       (E) the terms of the lease for each vessel that govern--
       (i) amounts required to be paid by the United States;
       (ii) the length of the lease term;
       (iii) maintenance, repair, and alteration, including 
     provisions regarding--

       (I) alterations required under the lease; and
       (II) qualified maintenance or repair of the vessel in a 
     foreign shipyard or foreign ship repair facility; and

       (iv) where alterations or qualified maintenance or repair 
     may be performed; and
       (F) a description of qualified maintenance or repair that 
     was performed on each vessel in the 3-year period preceding 
     the date of the enactment of this Act, including--
       (i) the amounts paid by the lessor for such work; and
       (ii) identification of whether such work was performed in 
     the United States or in a foreign country.
       (3) Estimation of any increase in total costs that would 
     have been incurred by the United States if qualified 
     maintenance or repair that was performed on leased vessels in 
     the 3-year period preceding the date of the enactment of this 
     Act were required to be performed in the United States.
       (4) Other impacts to the economy of the United States if 
     qualified maintenance or repair that was performed on leased 
     vessels in the 3-year period preceding the date of the 
     enactment of this Act were required to be performed in the 
     United States.
       (c) Qualified Maintenance or Repair Defined.--In this 
     section the term ``qualified maintenance or repair''--
       (1) except as provided in paragraph (2), means--
       (A) any inspection of a vessel that is--
       (i) required under chapter 33 of title 46, United States 
     Code; and
       (ii) performed in a period in which the vessel is under 
     lease by the Department of Defense;
       (B) any maintenance or repair of a vessel that is 
     determined, in the course of an inspection referred to in 
     subparagraph (A), to be necessary to comply with the laws of 
     the United States; and
       (C) any routine maintenance or repair; and
       (2) does not include any emergency work that is necessary 
     to enable a vessel to return to a port in the United States.

     SEC. 1017. ESTABLISHMENT OF THE USS OKLAHOMA MEMORIAL AND 
                   OTHER MEMORIALS AT PEARL HARBOR.

       (a) Establishment of the USS Oklahoma Memorial.--Not later 
     than 90 days after the date of the enactment of this Act, the 
     Secretary of the Navy, in consultation with the Secretary of 
     the Interior, shall identify an appropriate site on Ford 
     Island, Hawaii, for a memorial for the U.S.S. Oklahoma (BB-
     37). The Secretary of the Interior shall establish the 
     memorial at the identified site by authorizing the USS 
     Oklahoma Memorial Foundation to construct a memorial. The 
     Secretary shall certify that--
       (1) the USS Oklahoma Memorial Foundation has sufficient 
     funding to complete construction of the memorial; and
       (2) the memorial meets the requirements of subsection (c).
       (b) Administration of the Memorial.--Once established, the 
     Secretary of the Interior shall administer the USS Oklahoma 
     Memorial as a part of the USS Arizona Memorial, a unit of the 
     National Park System, in accordance with the laws and 
     regulations applicable to land administered by the National 
     Park Service and any agreement between the Secretary of the 
     Interior and the Secretary of the Navy. The Secretary of the 
     Navy shall retain administrative jurisdiction over the land 
     where the USS Oklahoma Memorial is established.
       (c) Requirements for Pearl Harbor Memorials.--The site 
     selection, design, and construction of the USS Oklahoma 
     Memorial and any memorials established after the date of the 
     enactment of this Act that are associated with the attack at 
     Pearl Harbor on December 7, 1941, shall be consistent with 
     the requirements in the document titled ``Pearl Harbor Naval 
     Complex Design Guidelines and Evaluation Criteria for 
     Memorials'', dated April 2005.
       (d) Establishment and Operation of Transportation System.--
     The Secretary of the Interior may establish and operate a 
     transportation system over roads linking the USS Arizona 
     Memorial Visitor Center with one or more of the existing and 
     future historic sites and historic visitor attractions within 
     the Pearl Harbor Naval Complex, including Ford Island. 
     Transportation on this system may be provided with or without 
     charge, directly or through a contract or concessioner, and 
     without regard to whether service is provided to sites or 
     attractions that are under the jurisdiction of or 
     administered by the National Park Service.

     SEC. 1018. AUTHORITY TO USE NATIONAL DEFENSE SEALIFT FUND TO 
                   PURCHASE CERTAIN MARITIME PREPOSITIONING SHIPS 
                   CURRENTLY UNDER CHARTER TO THE NAVY.

       (a) Fiscal Year 2006 Limitation.--The authority provided by 
     subsection (c)(1) of section 2218 of title 10, United States 
     Code, may not be used for the purchase of more than six 
     vessels described in subsection (c) using funds appropriated 
     to the National Defense Sealift Fund for fiscal year 2006.
       (b) Authority.--The Secretary of Defense may purchase any 
     vessel described in subsection (c) through the use of the 
     authority in subsection (c)(1) of section 2218 of title 10, 
     United States Code, without regard to the limitation in 
     subsection (f)(1) of that section.
       (c) Covered Vessels.--Subsections (a) and (b) apply with 
     respect to any vessel that as of the date of the enactment of 
     this Act--
       (1) is chartered by the Department of Defense under a 25-
     year lease; and
       (2) is used by the Navy as a maritime prepositioning ship.
       (d) Technical Amendments To Update Statute.--Section 
     2218(f)(1) of title 10, United States Code, is amended--

[[Page H12821]]

       (1) by striking ``Not more than a total of five vessels 
     built in foreign ship yards may be'' and inserting ``A vessel 
     built in a foreign ship yard may not be''; and
       (2) by inserting before the period at the end the 
     following: ``, unless specifically authorized by law''.
                  Subtitle C--Counter-Drug Activities

     SEC. 1021. RESUMPTION OF REPORTING REQUIREMENT REGARDING 
                   DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT 
                   FOREIGN COUNTER-DRUG ACTIVITIES.

       (a) Additional Report Required.--Section 1022 of the Floyd 
     D. Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398; 114 Stat. 
     1654A-255), as amended by section 1022 of the National 
     Defense Authorization Act for Fiscal Year 2002 (Public Law 
     107-107; 115 Stat. 1215), is further amended by striking 
     ``January 1, 2001, and April 15, 2002,'' and inserting 
     ``April 15, 2006,''.
       (b) Additional Information Required.--Such section is 
     further amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) A description of each base of operation or training 
     facility established, constructed, or operated using the 
     assistance, including any minor construction projects carried 
     out using such assistance, and the amount of assistance 
     expended on base of operations and training facilities.''.

     SEC. 1022. CLARIFICATION OF AUTHORITY FOR JOINT TASK FORCES 
                   TO SUPPORT LAW ENFORCEMENT AGENCIES CONDUCTING 
                   COUNTER-TERRORISM ACTIVITIES.

       Section 1022 of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1594) is 
     amended--
       (1) by redesignating subsection (b) as subsection (d); and
       (2) by inserting after subsection (a) the following new 
     subsections:
       ``(b) Availability of Funds.--During fiscal years 2006 and 
     2007, funds available to a joint task force to support 
     counter-drug activities may also be used to provide the 
     counter-terrorism support authorized by subsection (a).
       ``(c) Report Required.--Not later than December 31, 2006, 
     the Secretary of Defense shall submit to Congress a report 
     evaluating the effect on counter-drug and counter-terrorism 
     activities and objectives of using counter-drug funds of a 
     joint task force to provide counter-terrorism support 
     authorized by subsection (a).''.

     SEC. 1023. SENSE OF CONGRESS REGARDING DRUG TRAFFICKING 
                   DETERRENCE.

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

     SEC. 1031. RESPONSIBILITIES OF ASSISTANT SECRETARY OF DEFENSE 
                   FOR HOMELAND DEFENSE RELATING TO NUCLEAR, 
                   CHEMICAL, AND BIOLOGICAL EMERGENCY RESPONSE.

       Subsection (a) of section 1413 of the Defense Against 
     Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2313) is 
     amended to read as follows:
       ``(a) Department of Defense.--The Assistant Secretary of 
     Defense for Homeland Defense is responsible for the 
     coordination of Department of Defense assistance to Federal, 
     State, and local officials in responding to threats involving 
     nuclear, radiological, biological, chemical weapons, or high-
     yield explosives or related materials or technologies, 
     including assistance in identifying, neutralizing, 
     dismantling, and disposing of nuclear, radiological, 
     biological, chemical weapons, and high-yield explosives and 
     related materials and technologies.''.

     SEC. 1032. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING 
                   NUCLEAR, RADIOLOGICAL, CHEMICAL, BIOLOGICAL, 
                   AND HIGH-YIELD EXPLOSIVES WEAPONS.

       (a) Secretary of Homeland Security Functions.--Subsection 
     (a) of section 1415 of the Defense Against Weapons of Mass 
     Destruction Act of 1996 (50 U.S.C. 2315) is amended--
       (1) in the subsection heading, by striking ``Chemical Or'' 
     and inserting ``Nuclear, Radiological, Chemical, Or'';
       (2) in paragraph (1)--
       (A) by striking ``Secretary of Defense'' and inserting 
     ``Secretary of Homeland Security''; and
       (B) by striking ``biological weapons and related materials 
     and emergencies involving'' and inserting ``nuclear, 
     radiological, biological, and'';
       (3) in paragraph (2), by striking ``during each of fiscal 
     years 1997 through 2013'' and inserting ``in accordance with 
     sections 102(c) and 430(c)(1) of the Homeland Security Act of 
     2002 (6 U.S.C. 112(c), 238(c)(1))''; and
       (4) in paragraph (3)--
       (A) by inserting ``the Secretary of Defense,'' before ``the 
     Director of the Federal Bureau of Investigation''; and
       (B) by striking ``the Director of the Federal Emergency 
     Management Agency,''.
       (b) Repeal of Secretary of Energy Functions.--Such section 
     is further amended by striking subsection (b).
       (c) Conforming Amendments.--Subsection (c) of such 
     section--
       (1) is redesignated as subsection (b); and
       (2) is amended--
       (A) in the first sentence, by striking ``The official 
     responsible for carrying out a program developed under 
     subsection (a) or (b) shall revise the program'' and 
     inserting ``The Secretary of Homeland Security shall revise 
     the program developed under subsection (a)''; and
       (B) in the second sentence, by striking ``the official'' 
     and inserting ``the Secretary''.
       (d) Repeal of Obsolete Provisions.--Such section is further 
     amended by striking subsections (d) and (e).

     SEC. 1033. DEPARTMENT OF DEFENSE CHEMICAL, BIOLOGICAL, 
                   RADIOLOGICAL, NUCLEAR, AND HIGH-YIELD 
                   EXPLOSIVES RESPONSE TEAMS.

       Section 1414 of the Defense Against Weapons of Mass 
     Destruction Act of 1996 (50 U.S.C. 2314) is amended as 
     follows:
       (1) The heading of such section is amended to read as 
     follows:

     ``SEC. 1414. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND 
                   HIGH-YIELD EXPLOSIVES RESPONSE TEAM.''.

       (2) Subsection (a) of such section is amended by striking 
     ``or related materials'' and inserting ``radiological, 
     nuclear, and high-yield explosives''.
       (3) Subsection (b) of such section is amended--
       (A) in the subsection heading, by striking ``Plan'' and 
     inserting ``Plans'';
       (B) in the first sentence, by striking ``Not later than'' 
     and all that follows through ``response plans and'' and 
     inserting ``The Secretary of Homeland Security shall 
     incorporate into the National Response Plan prepared pursuant 
     to section 502(6) of the Homeland Security Act of 2002 (6 
     U.S.C. 312(6)), other existing Federal emergency response 
     plans, and''; and
       (C) in the second sentence--
       (i) by striking ``Director'' and inserting ``Secretary of 
     Homeland Security''; and
       (ii) by striking ``consultation'' and inserting 
     ``coordination''.

     SEC. 1034. REPEAL OF DEPARTMENT OF DEFENSE EMERGENCY RESPONSE 
                   ASSISTANCE PROGRAM.

       Section 1412 of the Defense Against Weapons of Mass 
     Destruction Act of 1996 (50 U.S.C. 2312) is repealed.

     SEC. 1035. REPORT ON USE OF DEPARTMENT OF DEFENSE AERIAL 
                   RECONNAISSANCE ASSETS TO SUPPORT HOMELAND 
                   SECURITY BORDER SECURITY MISSIONS.

       (a) Report Required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report containing the results of a study 
     regarding the use of aerial reconnaissance equipment of the 
     Department of Defense in missions in which the Armed Forces 
     support the Department of Homeland Security in performing its 
     international border security mission. The Secretary of 
     Defense shall conduct the study and prepare the report in 
     coordination with the Secretary of Homeland Security.
       (b) Elements of Report.--The report required by subsection 
     (a) shall include the following:
       (1) A description of the current use of aerial 
     reconnaissance equipment of the Department of Defense to 
     conduct aerial reconnaissance over the international land and 
     maritime borders of the United States in missions in which 
     the Armed Forces support the Department of Homeland Security 
     in performing its international border security mission.
       (2) A statement of the costs of such missions and the 
     source of funds for such missions.
       (3) The conclusions derived from a study of how the 
     Department of Defense leverages dual-use aerial 
     reconnaissance assets and technology, such as unmanned aerial 
     vehicles and tethered aerostat radars, for both homeland 
     defense and homeland security purposes.
                    Subtitle E--Reports and Studies

     SEC. 1041. REVIEW OF DEFENSE BASE ACT INSURANCE.

       (a) Review Required.--The Secretary of Defense shall review 
     current and future needs, options, and risks associated with 
     Defense Base Act insurance. The review shall be conducted in 
     coordination with the Director of the Office of Management 
     and Budget and appropriate officials of the Department of 
     Labor, the Department of State, and the United States Agency 
     for International Development.
       (b) Matters To Be Addressed.--The review under subsection 
     (a) shall address the following matters:
       (1) Cost-effective options for acquiring Defense Base Act 
     insurance.
       (2) Methods for coordinating data collection efforts among 
     agencies and contractors on numbers of employees, costs of 
     insurance, and other

[[Page H12822]]

     information relevant to decisions on Defense Base Act 
     insurance.
       (3) Improved communication and coordination within and 
     among agencies on the implementation of Defense Base Act 
     insurance.
       (4) Actions to be taken to address difficulties in the 
     administration of Defense Base Act insurance, including on 
     matters relating to cost, data, enforcement, and claims 
     processing.
       (c) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the congressional defense committees a report on the 
     results of the review under subsection (a). The report shall 
     set forth the findings of the Secretary as a result of the 
     review and such recommendations, including recommendations 
     for legislative or administrative action, as the Secretary 
     considers appropriate in light of the review.
       (d) Defense Base Act Insurance Defined.--In this section, 
     the term ``Defense Base Act insurance'' means workers' 
     compensation insurance provided to contractor employees 
     pursuant to the Defense Base Act (42 U.S.C. 1651 et seq.).

     SEC. 1042. 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 July 1, 2006, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a report on the implementation 
     of 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 plans 
     to take to address concerns raised by the Task Force.
                       Subtitle F--Other Matters

     SEC. 1051. COMMISSION ON THE IMPLEMENTATION OF THE NEW 
                   STRATEGIC POSTURE OF THE UNITED STATES.

       (a) Establishment of Commission.--
       (1) Establishment.--There is hereby established a 
     commission to be known as the ``Commission on the 
     Implementation of the New Strategic Posture of the United 
     States''. The Secretary of Defense shall enter into a 
     contract with a federally funded research and development 
     center to provide for the organization, management, and 
     support of the Commission. Such contract shall be entered 
     into in consultation with the Secretary of Energy. The 
     selection of the federally funded research and development 
     center shall be made in consultation with the chairman and 
     ranking minority member of the Committee on Armed Services of 
     the Senate and the chairman and ranking minority member of 
     the Committee on Armed Services of the House of 
     Representatives.
       (2) Composition.--
       (A) Membership.--The Commission shall be composed of 12 
     members who shall be appointed by the Secretary of Defense. 
     In selecting individuals for appointment to the Commission, 
     the Secretary of Defense shall consult with the chairman and 
     ranking minority member of the Committee on Armed Services of 
     the Senate and the chairman and ranking minority member of 
     the Committee on Armed Services of the House of 
     Representatives.
       (B) Qualifications.--Members of the Commission shall be 
     appointed from among private United States citizens with 
     knowledge and expertise in the political, military, 
     operational, and technical aspects of nuclear strategy.
       (3) Chairman of the commission.--The Secretary of Defense 
     shall designate one of the members of the Commission to serve 
     as chairman of the Commission.
       (4) Period of appointment; vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall be filled in the same manner as the original 
     appointment.
       (5) Security clearances.--All members of the Commission 
     shall hold appropriate security clearances.
       (b) Duties of Commission.--
       (1) Review of implementation of nuclear posture review.--
     The Commission shall examine programmatic requirements to 
     achieve the goals set forth in the report of the Secretary of 
     Defense submitted to Congress on December 31, 2001, providing 
     the results of the Nuclear Posture Review conducted pursuant 
     to section 1041 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654, 1654A-262) and results 
     of periodic assessments of the Nuclear Posture Review. 
     Matters examined by the Commission shall include the 
     following:
       (A) The process of establishing requirements for strategic 
     forces and how that process accommodates employment of 
     nonnuclear strike platforms and munitions in a strategic 
     role.
       (B) How strategic intelligence, reconnaissance, and 
     surveillance requirements differ from nuclear intelligence, 
     reconnaissance, and surveillance requirements.
       (C) The ability of a limited number of strategic platforms 
     to carry out a growing range of nonnuclear strategic strike 
     missions.
       (D) The limits of tactical systems to perform nonnuclear 
     global strategic missions in a prompt manner.
       (E) An assessment of the ability of the current nuclear 
     stockpile to address the evolving strategic threat 
     environment through 2008.
       (2) Recommendations.--The Commission shall include in its 
     report recommendations with respect to the following:
       (A) Changes to the requirements process to employ 
     nonnuclear strike platforms and munitions in a strategic 
     role.
       (B) Changes to the nuclear stockpile and infrastructure 
     required to preserve a nuclear capability commensurate with 
     the changes to the strategic threat environment through 2008.
       (C) Actions the Secretary of Defense and the Secretary of 
     Energy can take to preserve flexibility of the defense 
     nuclear complex while reducing the cost of a Cold War 
     strategic infrastructure.
       (D) Identify shortfalls in the strategic modernization 
     programs of the United States that would undermine the 
     ability of the United States to develop new nonnuclear 
     strategic strike capabilities.
       (3) Cooperation from government.--
       (A) Cooperation.--In carrying out its duties, the 
     Commission shall receive the full and timely cooperation of 
     the Secretary of Defense, the Secretary of Energy, and any 
     other United States Government official in providing the 
     Commission with analyses, briefings, and other information 
     necessary for the fulfillment of its responsibilities.
       (B) Liaison with doe & dod.--The Secretary of Energy and 
     the Secretary of Defense shall each designate at least one 
     officer or employee of the Department of Energy and the 
     Department of Defense, respectively, to serve as a liaison 
     officer between the department and the Commission.
       (c) Reports.--
       (1) Commission report.--Not later than June 30, 2007, the 
     Commission shall submit to the Secretary of Defense and the 
     Committees on Armed Services of the Senate and House of 
     Representatives a report on the Commission's findings and 
     conclusions.
       (2) Secretary of defense response.--
       (A) In general.--The Secretary of Defense may submit to the 
     Commission a response to the report of the Commission under 
     paragraph (1). If the Secretary elects to submit to the 
     Commission a response to the report of the Commission, the 
     Secretary shall also submit such response to the committees 
     specified in paragraph (1).
       (B) Matters to be included.--The response, if any, of the 
     Secretary to the report of the Commission shall include--
       (i) comments on the findings and conclusions of the 
     Commission; and
       (ii) an explanation of what actions, if any, the Secretary 
     intends to take to implement the recommendations of the 
     Commission and, with respect to each such recommendation, the 
     Secretary's reasons for implementing, or not implementing, 
     the recommendation.
       (d) Detail of Government Employees.--Upon request of the 
     chairman of the Commission, the head of any Federal 
     department or agency may detail, on a nonreimbursable basis, 
     up to three employees of such department or agency to the 
     Commission to assist it in carrying out its duties.
       (e) Funding.--Funds for activities of the Commission shall 
     be provided from amounts appropriated for the Department of 
     Defense.
       (f) Termination of Commission.--The Commission shall 
     terminate on July 30, 2007.
       (g) Implementation.--
       (1) FFRDC contract.--The Secretary of Defense shall enter 
     into the contract required under subsection (a)(1) not later 
     that 60 days after the date of the enactment of this Act.
       (2) First meeting.--The Commission shall convene its first 
     meeting not later than 30 days after the date as of which all 
     members of the Commission have been appointed.

     SEC. 1052. REESTABLISHMENT OF EMP COMMISSION.

       (a) Reestablishment.--The commission established pursuant 
     to title XIV of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-345), known as the 
     Commission to Assess the Threat to the United States from 
     Electromagnetic Pulse Attack, is hereby reestablished.
       (b) Membership.--The Commission as reestablished shall have 
     the same membership as the Commission had as of the date of 
     the submission of the report of the Commission pursuant to 
     section 1403(a) of such Act, as in effect before the date of 
     the enactment of this Act. Service on the Commission is 
     voluntary, and Commissioners may elect to terminate their 
     service on the Commission.
       (c) Commission Charter Defined.--In this section, the term 
     ``Commission charter'' means title XIV of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398; 114 Stat. 1654A-345 
     et seq.).
       (d) Establishment and Purpose.--Section 1401 of the 
     Commission charter (114 Stat. 1654A-345) is amended--
       (1) by striking subsections (e) and (g);
       (2) by redesignating subsections (b), (c), and (d) as 
     subsections (c), (d), and (e), respectively;
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Purpose.--The purpose of the Commission is to 
     monitor, investigate, make recommendations, and report to 
     Congress on the evolving threat to the United States from 
     electromagnetic pulse (hereinafter in this title referred to 
     as `EMP') attack resulting from the

[[Page H12823]]

     detonation of a nuclear weapon or weapons at high 
     altitude.'';
       (4) in subsection (c), as redesignated by paragraph (2), by 
     striking the second and third sentences and inserting ``In 
     the event of a vacancy in the membership of the Commission, 
     the Secretary of Defense shall appoint a new member.''; and
       (5) in subsection (d), as redesignated by paragraph (2), by 
     striking ``pulse (hereafter'' and all that follows and 
     inserting ``pulse effects referred to in subsection (b).''.
       (e) Duties of Commission.--Section 1402 of the Commission 
     charter (114 Stat. 1654A-346) is amended to read as follows:

     ``SEC. 1402. DUTIES OF COMMISSION.

       ``The Commission shall assess the following:
       ``(1) The vulnerability of electric-dependent military 
     systems and other electric-dependent systems in the United 
     States to an EMP attack, giving special attention to the 
     progress, or lack of progress, by the Department of Defense, 
     other Government departments and agencies of the United 
     States, and entities of the private sector in taking steps to 
     protect such systems from such an attack.
       ``(2) The report of the Secretary of Defense submitted to 
     Congress under section 1403(b) of this Act as in effect 
     before the enactment of the National Defense Authorization 
     Act for Fiscal Year 2006.''.
       (f) Report.--Section 1403 of the Commission charter (114 
     Stat. 1654A-345) is amended to read as follows:

     ``SEC. 1403. REPORTS.

       ``(a) Final Report.--Not later than June 30, 2007, the 
     Commission shall submit to Congress a report providing the 
     Commission's assessment of the matters specified in section 
     1402. That report shall include recommendations for any steps 
     the Commission believes should be taken by the United States 
     to better protect systems referred to in section 1402(1) from 
     an EMP attack.
       ``(b) Interim Reports.--Before the submission of its report 
     under subsection (a), the Commission may submit to Congress 
     interim reports at such times as the Commission considers 
     appropriate.''.
       (g) Clerical Amendment.--The heading for subsection (c) of 
     section 1405 of the Commission charter (114 Stat. 1654A-347) 
     is amended by striking ``Commission'' and inserting 
     ``Panels''.
       (h) Commission Personnel Matters.--Section 1406(c)(2) of 
     the Commission charter (114 Stat. 1654A-347) is amended by 
     striking ``for grade GS-15 of the General Schedule'' and 
     inserting ``for senior level and scientific or professional 
     positions''.
       (i) Funding.--Section 1408 of the Commission charter (114 
     Stat. 1654A-348) is amended--
       (1) by inserting ``for any fiscal year'' after ``activities 
     of the Commission''; and
       (2) by striking ``for fiscal year 2001'' and inserting 
     ``for that fiscal year''.
       (j) Termination.--Section 1049 of of the Commission charter 
     (114 Stat. 1654A-348) is amended by striking ``60 days'' and 
     inserting ``30 days''.

     SEC. 1053. MODERNIZATION OF AUTHORITY RELATING TO SECURITY OF 
                   DEFENSE PROPERTY AND FACILITIES.

       Section 21 of the Internal Security Act of 1950 (50 U.S.C. 
     797) is amended to read as follows:


       ``Penalty for violation of security regulations and orders

       ``Sec. 21.  (a) Misdemeanor Violation of Defense Property 
     Security Regulations.--
       ``(1) Misdemeanor.--Whoever willfully violates any defense 
     property security regulation shall be fined under title 18, 
     United States Code, or imprisoned not more than one year, or 
     both.
       ``(2) Defense property security regulation described.--For 
     purposes of paragraph (1), a defense property security 
     regulation is a property security regulation that, pursuant 
     to lawful authority--
       ``(A) shall be or has been promulgated or approved by the 
     Secretary of Defense (or by a military commander designated 
     by the Secretary of Defense or by a military officer, or a 
     civilian officer or employee of the Department of Defense, 
     holding a senior Department of Defense director position 
     designated by the Secretary of Defense) for the protection or 
     security of Department of Defense property; or
       ``(B) shall be or has been promulgated or approved by the 
     Administrator of the National Aeronautics and Space 
     Administration for the protection or security of NASA 
     property.
       ``(3) Property security regulation described.--For purposes 
     of paragraph (2), a property security regulation, with 
     respect to any property, is a regulation--
       ``(A) relating to fire hazards, fire protection, lighting, 
     machinery, guard service, disrepair, disuse, or other 
     unsatisfactory conditions on such property, or the ingress 
     thereto or egress or removal of persons therefrom; or
       ``(B) otherwise providing for safeguarding such property 
     against destruction, loss, or injury by accident or by enemy 
     action, sabotage, or other subversive actions.
       ``(4) Definitions.--In this subsection:
       ``(A) Department of defense property.--The term `Department 
     of Defense property' means covered property subject to the 
     jurisdiction, administration, or in the custody of the 
     Department of Defense, any Department or agency of which that 
     Department consists, or any officer or employee of that 
     Department or agency.
       ``(B) NASA property.--The term `NASA property' means 
     covered property subject to the jurisdiction, administration, 
     or in the custody of the National Aeronautics and Space 
     Administration or any officer or employee thereof.
       ``(C) Covered property.--The term `covered property' means 
     aircraft, airports, airport facilities, vessels, harbors, 
     ports, piers, water-front facilities, bases, forts, posts, 
     laboratories, stations, vehicles, equipment, explosives, or 
     other property or places.
       ``(D) Regulation as including order.--The term `regulation' 
     includes an order.
       ``(b) Posting.--Any regulation or order covered by 
     subsection (a) shall be posted in conspicuous and appropriate 
     places.''.

     SEC. 1054. REVISION OF DEPARTMENT OF DEFENSE 
                   COUNTERINTELLIGENCE POLYGRAPH PROGRAM.

       (a) In General.--Section 1564a of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 1564a. Counterintelligence polygraph program

       ``(a) Authority for Program.--The Secretary of Defense may 
     carry out a program for the administration of 
     counterintelligence polygraph examinations to persons 
     described in subsection (b). The program shall be conducted 
     in accordance with the standards specified in subsection (e).
       ``(b) Persons Covered.--Except as provided in subsection 
     (d), the following persons, if their duties are described in 
     subsection (c), are subject to this section:
       ``(1) Military and civilian personnel of the Department of 
     Defense.
       ``(2) Personnel of defense contractors.
       ``(3) A person assigned or detailed to the Department of 
     Defense.
       ``(4) An applicant for a position in the Department of 
     Defense.
       ``(c) Covered Types of Duties.--The Secretary of Defense 
     may provide, under standards established by the Secretary, 
     that a person described in subsection (b) is subject to this 
     section if that person's duties involve--
       ``(1) access to information that--
       ``(A) has been classified at the level of top secret; or
       ``(B) is designated as being within a special access 
     program under section 4.4(a) of Executive Order No. 12958 (or 
     a successor Executive order); or
       ``(2) assistance in an intelligence or military mission in 
     a case in which the unauthorized disclosure or manipulation 
     of information, as determined under standards established by 
     the Secretary of Defense, could reasonably be expected to--
       ``(A) jeopardize human life or safety;
       ``(B) result in the loss of unique or uniquely productive 
     intelligence sources or methods vital to United States 
     security; or
       ``(C) compromise technologies, operational plans, or 
     security procedures vital to the strategic advantage of the 
     United States and its allies.
       ``(d) Exceptions From Coverage for Certain Intelligence 
     Agencies and Functions.--This section does not apply to the 
     following persons:
       ``(1) A person assigned or detailed to the Central 
     Intelligence Agency or to an expert or consultant under a 
     contract with the Central Intelligence Agency.
       ``(2) A person who is--
       ``(A) employed by or assigned or detailed to the National 
     Security Agency;
       ``(B) an expert or consultant under contract to the 
     National Security Agency;
       ``(C) an employee of a contractor of the National Security 
     Agency; or
       ``(D) a person applying for a position in the National 
     Security Agency.
       ``(3) A person assigned to a space where sensitive 
     cryptographic information is produced, processed, or stored.
       ``(4) A person employed by, or assigned or detailed to, an 
     office within the Department of Defense for the collection of 
     specialized national foreign intelligence through 
     reconnaissance programs or a contractor of such an office.
       ``(e) Standards.--(1) Polygraph examinations conducted 
     under this section shall comply with all applicable laws and 
     regulations.
       ``(2) Such examinations may be authorized for any of the 
     following purposes:
       ``(A) To assist in determining the initial eligibility for 
     duties described in subsection (c) of, and aperiodically 
     thereafter, on a random basis, to assist in determining the 
     continued eligibility of, persons described in subsections 
     (b) and (c).
       ``(B) With the consent of, or upon the request of, the 
     examinee, to--
       ``(i) resolve serious credible derogatory information 
     developed in connection with a personnel security 
     investigation; or
       ``(ii) exculpate him- or herself of allegations or evidence 
     arising in the course of a counterintelligence or personnel 
     security investigation.
       ``(C) To assist, in a limited number of cases when 
     operational exigencies require the immediate use of a 
     person's services before the completion of a personnel 
     security investigation, in determining the interim 
     eligibility for duties described in subsection (c) of the 
     person.
       ``(3) Polygraph examinations conducted under this section 
     shall provide adequate safeguards, prescribed by the 
     Secretary of Defense, for the protection of the rights and 
     privacy of persons subject to this section under subsection 
     (b) who are considered for or administered polygraph 
     examinations under this section. Such safeguards shall 
     include the following:
       ``(A) The examinee shall receive timely notification of the 
     examination and its intended purpose and may only be given 
     the examination with the consent of the examinee.
       ``(B) The examinee shall be advised of the examinee's right 
     to consult with legal counsel.
       ``(C) All questions asked concerning the matter at issue, 
     other than technical questions necessary to the polygraph 
     technique, must have a relevance to the subject of the 
     inquiry.
       ``(f) Oversight.--(1) The Secretary shall establish a 
     process to monitor responsible and effective application of 
     polygraph examinations within the Department of Defense.
       ``(2) The Secretary shall make information on the use of 
     polygraphs within the Department of Defense available to the 
     congressional defense committees.

[[Page H12824]]

       ``(g) Polygraph Research Program.--The Secretary shall 
     carry out a continuing research program to support the 
     polygraph examination activities of the Department of 
     Defense. The program shall include the following:
       ``(1) An on-going evaluation of the validity of polygraph 
     techniques used by the Department.
       ``(2) Research on polygraph countermeasures and anti-
     countermeasures.
       ``(3) Developmental research on polygraph techniques, 
     instrumentation, and analytic methods.''.
       (b) Effective Date; Implementation.--The amendment made by 
     subsection (a) shall apply with respect to polygraph 
     examinations administered beginning on the date of the 
     enactment of this Act.

     SEC. 1055. PRESERVATION OF RECORDS PERTAINING TO RADIOACTIVE 
                   FALLOUT FROM NUCLEAR WEAPONS TESTING.

       (a) Prohibition of Destruction of Certain Records.--The 
     Secretary of Defense may not destroy any official record in 
     the custody or control of the Department of Defense that 
     contains information relating to radioactive fallout from 
     nuclear weapons testing.
       (b) Preservation and Publication of Information.--The 
     Secretary of Defense shall identify, preserve, and make 
     available any unclassified information contained in official 
     records referred to in subsection (a).

     SEC. 1056. TECHNICAL AND CLERICAL AMENDMENTS.

       (a) Amendments Relating to Definition of Base Closure 
     Laws.--
       (1) Section 2694a(i) of title 10, United States Code, is 
     amended by striking paragraph (2).
       (2) Paragraph (1) of section 1333(i) of the National 
     Defense Authorization Act for Fiscal Year 1994 (Public Law 
     103-160; 10 U.S.C. 2701 note) is amended to read as follows:
       ``(1) Base closure law.--The term `base closure law' has 
     the meaning given such term in section 101(a)(17) of title 
     10, United States Code.''.
       (3) Subsection (b) of section 2814 of the Military 
     Construction Authorization Act for Fiscal Year 1995 (division 
     B of Public Law 103-337; 10 U.S.C. 2687 note) is amended to 
     read as follows:
       ``(b) Base Closure Law Defined.--In this section, the term 
     `base closure law' has the meaning given such term in section 
     101(a)(17) of title 10, United States Code.''.
       (4) Subsection (c) of section 3341 of title 5, United 
     States Code, is amended to read as follows:
       ``(c) For purposes of this section, the term `base closure 
     law' has the meaning given such term in section 101(a)(17) of 
     title 10.''.
       (5) Chapter 5 of title 40, United States Code, is amended--
       (A) in section 554(a)(1), by striking ``means'' and all 
     that follows and inserting ``has the meaning given that term 
     in section 101(a)(17) of title 10.''; and
       (B) in section 572(b)(1)(B), by striking ``section 
     2667(h)(2) of title 10'' and inserting ``section 101(a)(17) 
     of title 10''.
       (6) The Act of November 13, 2000, entitled ``An Act to 
     amend the Organic Act of Guam, and for other purposes'' 
     (Public Law 106-504; 114 Stat. 2309) is amended by striking 
     paragraph (2) of section 1(c) and inserting the following new 
     paragraph (2):
       ``(2) The term `base closure law' has the meaning given 
     such term in section 101(a)(17) of title 10, United States 
     Code.''.
       (b) Definition of State for Purposes of Section 2694a.--
     Subsection (i) of section 2694a of title 10, United States 
     Code, as amended by subsection (a)(1), is further amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively; and
       (2) in paragraph (3), as so redesignated, by striking ``and 
     the territories and possessions of the United States'' and 
     inserting ``Guam, the Virgin Islands, and American Samoa''.
       (c) Other Miscellaneous Corrections to Title 10, United 
     States Code.--Title 10, United States Code, is amended as 
     follows:
       (1) Section 101(e)(4)(B)(ii) is amended by striking the 
     comma after ``bulk explosives''.
       (2) Section 127b(d)(1) is amended by striking ``polices'' 
     in the second sentence and inserting ``policies''.
       (3) Section 1732 is amended--
       (A) in subsection (c)--
       (i) by striking ``(b)(2)(A) and (b)(2)(B)'' in paragraphs 
     (1) and (2) and inserting ``(b)(1)(A) and (b)(1)(B)''; and
       (ii) by striking paragraph (3); and
       (B) in subsection (d)(2), by striking ``(b)(2)(A)(ii)'' and 
     inserting ``(b)(1)(A)(ii)''.
       (4) Section 2410n(b) is amended by striking ``compeititon'' 
     in the second sentence and inserting ``competition''.
       (5) Section 2507(d) is amended by striking ``section (a)'' 
     and inserting ``subsection (a)''.
       (6) Section 2665(a) is amended by striking ``under section 
     2664 of this title''.
       (7) Section 2703(b) is amended by striking ``For purposes 
     of the preceding sentence, the terms `unexploded ordnance', 
     `discarded military munitions', and'' and inserting ``In this 
     subsection, the terms `discarded military munitions' and''.
       (8) Section 2773a(a) is amended by inserting ``by'' after 
     ``incorrect payment made'' in the first sentence.
       (9) Section 2801(d) is amended by striking ``sections 2830 
     and 2835'' and inserting ``sections 2830, 2835, and 2836 of 
     this chapter''.
       (10) Section 2881a(f) is amended by striking 
     ``Notwithstanding section 2885 of this title, the'' and 
     inserting ``The''.
       (11) Section 3084 is amended by striking the semicolon in 
     the section heading and inserting a colon.
       (d) Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005.--Section 1105(h) of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375; 118 Stat. 2075) is amended by striking 
     ``(21 U.S.C.'' and inserting ``(20 U.S.C.''.
       (e) Bob Stump National Defense Authorization Act for Fiscal 
     Year 2003.--The Bob Stump National Defense Authorization Act 
     for Fiscal Year 2003 (Public Law 107-314) is amended as 
     follows:
       (1) Section 314 (116 Stat. 2508) is amended--
       (A) in subsection (d), by striking ``(40 U.S.C.'' and 
     inserting ``(42 U.S.C.''; and
       (B) in subsection (e)(2), by striking ``(40 U.S.C.'' and 
     inserting ``(42 U.S.C.''.
       (2) Section 635(a) (116 Stat. 2574) is amended by inserting 
     ``the first place it appears'' after ``by striking `a claim' 
     ''.
       (f) National Defense Authorization Act for Fiscal Year 
     1994.--Section 1605(a)(4) of the National Defense 
     Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) 
     is amended by striking ``Logisitics'' in the first sentence 
     and inserting ``Logistics''.
       (g) Title 38, United States Code.--Section 8111(b)(1) of 
     title 38, United States Code, is amended by inserting ``of 
     1993'' after ``the Government Performance and Results Act''.

     SEC. 1057. DELETION OF OBSOLETE DEFINITIONS IN TITLES 10 AND 
                   32, UNITED STATES CODE.

       (a) Deleting Obsolete Definition of ``Territory'' in Title 
     10.--Title 10, United States Code, is amended as follows:
       (1) Section 101(a) is amended by striking paragraph (2).
       (2) The following sections are amended by striking the 
     terms ``Territory or'', ``or Territory'', ``a Territorial 
     Department,'', ``or a Territory'', ``Territory and'', ``its 
     Territories,'', and ``and Territories'' each place they 
     appear: sections 101(a)(3), 332, 822, 1072, 1103, 2671, 3037, 
     5148, 8037, 8074, 12204, and 12642.
       (3) The following sections are amended by striking the 
     terms ``Territory,'' and ``Territories,'' each place they 
     appear: sections 849, 858, 888, 2668, 2669, 7545, and 9773.
       (4) Section 808 is amended by striking ``Territory, 
     Commonwealth, or possession,'' and inserting ``Commonwealth, 
     possession,''.
       (5) The following sections are amended by striking 
     ``Territories, Commonwealths, or possessions'' each place it 
     appears and inserting ``Commonwealths or possessions'': 
     sections 847, 2734, 4778, 5986, 7652, 7653, and 12406.
       (6) The following sections are amended by striking 
     ``Territories, Commonwealths, and possessions'' each place it 
     appears and inserting ``Commonwealths and possessions'': 
     sections 846, 3062, 3074, 4747, 4778, 8062, and 9778.
       (7) Section 312 is amended by striking ``States and 
     Territories, and Puerto Rico'' and inserting ``States, the 
     Commonwealth of Puerto Rico, Guam, and the Virgin Islands''.
       (8) Section 335 is amended by striking ``the unincorporated 
     territories of''.
       (9) Sections 4301 and 9301 are amended by striking ``State 
     or Territory, Puerto Rico, or the District of Columbia'' each 
     place it appears and inserting ``State, the Commonwealth of 
     Puerto Rico, the District of Columbia, Guam, or the Virgin 
     Islands''.
       (10) Sections 4685 and 9685 are amended by striking ``State 
     or Territory concerned'' each place it appears and inserting 
     ``State concerned or Guam or the Virgin Islands'' and by 
     striking ``State and Territorial'' each place it appears and 
     inserting ``State, Guam, and the Virgin Islands''.
       (11) Section 7851 is amended by striking ``States, the 
     Territories, and the District of Columbia'' and inserting 
     ``States, the District of Columbia, Guam, and the Virgin 
     Islands''.
       (12) Section 7854 is amended by striking ``any State, any 
     Territory, or the District of Columbia'' and inserting ``any 
     State, the District of Columbia, Guam, or the Virgin 
     Islands''.
       (b) Deleting Obsolete Definition of ``territory'' in Title 
     32.--Title 32, United States Code, is amended as follows:
       (1) Paragraph (1) of section 101 is amended to read as 
     follows:
       ``(1) For purposes of other laws relating to the militia, 
     the National Guard, the Army National Guard of the United 
     States, and the Air National Guard of the United States, the 
     term `Territory' includes Guam and the Virgin Islands.''.
       (2) Sections 103, 104(c), 314, 315, 708(d), and 711 are 
     amended by striking ``State and Territory, Puerto Rico, and 
     the District of Columbia'' and ``State or Territory, Puerto 
     Rico, and the District of Columbia'' each place they appear 
     and inserting ``State, the Commonwealth of Puerto Rico, the 
     District of Columbia, Guam, and the Virgin Islands''.
       (3) Sections 104(d), 107, 109, 503, 703, 704, 710, and 712 
     are amended by striking ``State or Territory, Puerto Rico, or 
     the District of Columbia'' and ``State or Territory, Puerto 
     Rico, the Virgin Islands or the District of Columbia'' each 
     place they appear and inserting ``State, the Commonwealth of 
     Puerto Rico, the District of Columbia, Guam, or the Virgin 
     Islands''.
       (4) Sections 104(a), 505, 702(a), and 708(a) are amended by 
     striking ``State or Territory and Puerto Rico'', ``State or 
     Territory or Puerto Rico'', and ``State or Territory, Puerto 
     Rico'' each place they appear and inserting ``State, the 
     Commonwealth of Puerto Rico, Guam, and the Virgin Islands''.
       (5) Section 324 is amended by striking ``State or Territory 
     of whose National Guard he is a member, or by the laws of 
     Puerto Rico, or the District of Columbia, if he is a member 
     of its National Guard'' and inserting ``State of whose 
     National Guard he is a member, or by the laws of the 
     Commonwealth of Puerto Rico, or the District of Columbia, 
     Guam, or the Virgin Islands, whose National Guard he is a 
     member''.
       (6) Section 325 is amended by striking ``State or 
     Territory, or of Puerto Rico'' and ``State or Territory or 
     Puerto Rico'' each place they appear and inserting ``State, 
     or of the Commonwealth of Puerto Rico, Guam, or the Virgin 
     Islands''.
       (7) Sections 326, 327, and 501 are amended by striking 
     ``States and Territories, Puerto Rico, and the District of 
     Columbia'' each place it appears and inserting ``States, the 
     Commonwealth

[[Page H12825]]

     of Puerto Rico, the District of Columbia, Guam, and the 
     Virgin Islands''.

     SEC. 1058. SUPPORT FOR YOUTH ORGANIZATIONS.

       (a) Youth Organization Defined.--In this section, the term 
     ``youth organization'' means--
       (1) the Boy Scouts of America;
       (2) the Girl Scouts of the United States of America;
       (3) the Boys Clubs of America;
       (4) the Girls Clubs of America;
       (5) the Young Men's Christian Association;
       (6) the Young Women's Christian Association;
       (7) the Civil Air Patrol;
       (8) the United States Olympic Committee;
       (9) the Special Olympics;
       (10) Campfire USA;
       (11) the Young Marines;
       (12) the Naval Sea Cadets Corps;
       (13) 4-H Clubs;
       (14) the Police Athletic League;
       (15) Big Brothers--Big Sisters of America;
       (16) National Guard Challenge Program; and
       (17) any other organization designated by the President as 
     an organization that is primarily intended to--
       (A) serve individuals under the age of 21 years;
       (B) provide training in citizenship, leadership, physical 
     fitness, service to community, and teamwork; and
       (C) promote the development of character and ethical and 
     moral values.
       (b) Support for Youth Organizations.--
       (1) Continuation of support.--No Federal law (including any 
     rule, regulation, directive, instruction, or order) shall be 
     construed to limit any Federal agency from providing any form 
     of support for a youth organization (including the Boy Scouts 
     of America or any group officially affiliated with the Boy 
     Scouts of America) that would result in that Federal agency 
     providing less support to that youth organization (or any 
     similar organization chartered under the chapter of title 36, 
     United States Code, relating to that youth organization) than 
     was provided during the preceding fiscal year to that youth 
     organization. This paragraph shall be subject to the 
     availability of appropriations.
       (2) Youth organizations that cease to exist.--Paragraph (1) 
     shall not apply to any youth organization that ceases to 
     exist.
       (3) Waivers.--The head of a Federal agency may waive the 
     application of paragraph (1) to a youth organization with 
     respect to each conviction or investigation described under 
     subparagraph (A) or (B) for a period of not more than two 
     fiscal years if--
       (A) any senior officer (including any member of the board 
     of directors) of the youth organization is convicted of a 
     criminal offense relating to the official duties of that 
     officer or the youth organization is convicted of a criminal 
     offense; or
       (B) the youth organization is the subject of a criminal 
     investigation relating to fraudulent use or waste of Federal 
     funds.
       (4) Types of support.--Support described in paragraph (1) 
     includes--
       (A) authorizing a youth organization to hold meetings, 
     camping events, or other activities on Federal property;
       (B) hosting any official event of a youth organization;
       (C) loaning equipment for the use of a youth organization; 
     and
       (D) providing personnel services and logistical support for 
     a youth organization.
       (c) Continuation of Department of Defense of Support for 
     Scout Jamborees.--Section 2554 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(i)(1) The Secretary of Defense shall provide at least 
     the same level of support under this section for a national 
     or world Boy Scout Jamboree as was provided under this 
     section for the preceding national or world Boy Scout 
     Jamboree.
       ``(2) The Secretary of Defense may waive paragraph (1), if 
     the Secretary--
       ``(A) determines that providing the support subject to 
     paragraph (1) would be detrimental to the national security 
     of the United States; and
       ``(B) submits to Congress a report containing such 
     determination in a timely manner, and before the waiver takes 
     effect.''.
       (d) Equal Access for Youth Organizations.--Section 109 of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5309) is amended--
       (1) in the first sentence of subsection (b), by inserting 
     ``or (e)'' after ``subsection (a)''; and
       (2) by adding at the end the following new subsection:
       ``(e) Equal Access.--
       ``(1) Definition.--In this subsection, the term `youth 
     organization' means an organization described under part B of 
     subtitle II of title 36, United States Code, that is intended 
     to serve individuals under the age of 21 years.
       ``(2) In general.--No State or unit of general local 
     government that has a designated open forum, limited public 
     forum, or nonpublic forum and that is a recipient of 
     assistance under this title shall deny equal access or a fair 
     opportunity to meet to, or discriminate against, any youth 
     organization, including the Boy Scouts of America or any 
     group officially affiliated with the Boy Scouts of America, 
     that wishes to conduct a meeting or otherwise participate in 
     that designated open forum, limited public forum, or 
     nonpublic forum.''.

     SEC. 1059. SPECIAL IMMIGRANT STATUS FOR PERSONS SERVING AS 
                   TRANSLATORS WITH UNITED STATES ARMED FORCES.

       (a) In General.--For purposes of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), subject to 
     subsection (c)(1), the Secretary of Homeland Security may 
     provide an alien described in subsection (b) with the status 
     of a special immigrant under section 101(a)(27) of such Act 
     (8 U.S.C. 1101(a)(27)), if the alien--
       (1) files with the Secretary of Homeland Security a 
     petition under section 204 of such Act (8 U.S.C. 1154) for 
     classification under section 203(b)(4) of such Act (8 U.S.C. 
     1153(b)(4)); and
       (2) is otherwise eligible to receive an immigrant visa and 
     is otherwise admissible to the United States for permanent 
     residence, except in determining such admissibility, the 
     grounds for inadmissibility specified in section 212(a)(4) of 
     such Act (8 U.S.C. 1182(a)(4)) shall not apply.
       (b) Aliens Described.--
       (1) Principal aliens.--An alien is described in this 
     subsection if the alien--
       (A) is a national of Iraq or Afghanistan;
       (B) worked directly with United States Armed Forces as a 
     translator for a period of at least 12 months;
       (C) obtained a favorable written recommendation from a 
     general or flag officer in the chain of command of the United 
     States Armed Forces unit that was supported by the alien; and
       (D) before filing the petition described in subsection 
     (a)(1), cleared a background check and screening, as 
     determined by a general or flag officer in the chain of 
     command of the United States Armed Forces unit that was 
     supported by the alien.
       (2) Spouses and children.--An alien is described in this 
     subsection if the alien is the spouse or child of a principal 
     alien described in paragraph (1), and is following or 
     accompanying to join the principal alien.
       (c) Numerical Limitations.--
       (1) In general.--The total number of principal aliens who 
     may be provided special immigrant status under this section 
     during any fiscal year shall not exceed 50.
       (2) Counting against special immigrant cap.--For purposes 
     of the application of sections 201 through 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151-1153) in any 
     fiscal year, aliens eligible to be provided status under this 
     section shall be treated as special immigrants described in 
     section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are 
     not described in subparagraph (A), (B), (C), or (K) of such 
     section.
       (d) Application of Immigration and Nationality Act 
     Provisions.--The definitions in subsections (a) and (b) of 
     section 101 of the Immigration and Nationality Act (8 U.S.C. 
     1101) shall apply in the administration of this section.

     SEC. 1060. EXPANSION OF EMERGENCY SERVICES UNDER RECIPROCAL 
                   AGREEMENTS.

        Subsection (b) of the first section of the Act of May 27, 
     1955 (42 U.S.C. 1856(b)), is amended by striking ``and fire 
     fighting'' and inserting ``, fire fighting, and emergency 
     services, including basic medical support, basic and advanced 
     life support, hazardous material containment and confinement, 
     and special rescue events involving vehicular and water 
     mishaps, and trench, building, and confined space 
     extractions''.

     SEC. 1061. 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; 10 U.S.C. 2572 note) 
     is amended--
       (1) by striking ``the date of the enactment of this Act'' 
     and inserting ``October 5, 1999,''; and
       (2) by inserting before the period at the end the 
     following: ``, and during the period beginning on the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2006 and ending on September 30, 2010''.

     SEC. 1062. SENSE OF CONGRESS ON NATIONAL SECURITY INTEREST OF 
                   MAINTAINING AERONAUTICS RESEARCH AND 
                   DEVELOPMENT.

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

     SEC. 1063. AIRPORT CERTIFICATION.

       For the airport referred to in paragraph (1) to be eligible 
     to receive approval of an airport layout plan by the Federal 
     Aviation Administration, such airport shall ensure and 
     provide documentation that--
       (1) the governing body of an airport built after the date 
     of enactment of this Act at site number 04506.3*A and under 
     number 17-0027 of the National Plan of Integrated Airport 
     Systems is composed of a majority of local residents who live 
     in the county in which such airport is located; and

[[Page H12826]]

       (2) the airport complies with sections 303, 303A, and 303B 
     of the Federal Property and Administrative Services Act of 
     1949 (41 U.S.C. 253-253b) as implemented by the Federal 
     Acquisition Regulation issued pursuant to section 25 of the 
     Office of Federal Procurement Policy Act (41 U.S.C. 421) 
     regarding land procurement and developer selection.
                   Subtitle G--Military Mail Matters

     SEC. 1071. SAFE DELIVERY OF MAIL IN MILITARY MAIL SYSTEM.

       (a) Plan for Safe Delivery of Military Mail.--
       (1) Plan required.--The Secretary of Defense shall develop 
     and implement a plan to ensure that the mail within the 
     military mail system is safe for delivery. The plan shall 
     provide for the screening of all mail within the military 
     mail system in order to detect the presence of biological, 
     chemical, or radiological weapons, agents, or pathogens or 
     explosive devices before mail within the military mail system 
     is delivered to its intended recipients.
       (2) Funding.--The budget justification materials submitted 
     to Congress with the budget of the President for fiscal year 
     2007 and each fiscal year thereafter shall include a 
     description of the amounts required in such fiscal year to 
     carry out the plan.
       (b) Report on Safety of Mail for Delivery.--
       (1) Report required.--Not later than 120 days after the 
     date of the enactment of this Act, the Secretary shall submit 
     to Congress a report on the safety of mail within the 
     military mail system for delivery.
       (2) Elements.--The report shall include the following:
       (A) An assessment of any existing deficiencies in the 
     military mail system in ensuring that mail within the 
     military mail system is safe for delivery.
       (B) The plan required by subsection (a).
       (C) An estimate of the time and resources required to 
     implement the plan.
       (D) A description of the delegation within the Department 
     of Defense of responsibility for ensuring that mail within 
     the military mail system is safe for delivery, including 
     responsibility for the development, implementation, and 
     oversight of improvements to the military mail system to 
     ensure that mail within the military mail system is safe for 
     delivery.
       (3) Form.--The report shall be submitted in unclassified 
     form, but may include a classified annex.
       (c) Mail Within the Military Mail System Defined.--
       (1) In general.--In this section, the term ``mail within 
     the military mail system'' means--
       (A) any mail that is posted through the Military Post 
     Offices (including Army Post Offices (APOs) and Fleet Post 
     Offices (FPOs)), Department of Defense mail centers, military 
     Air Mail Terminals, and military Fleet Mail Centers; and
       (B) any mail or package posted in the United States that is 
     addressed to an unspecified member of the Armed Forces.
       (2) Inclusions and exception.--The term includes any 
     official mail posted by the Department of Defense. The term 
     does not include any mail posted as otherwise described in 
     paragraph (1) that has been screened for safety for delivery 
     by the United States Postal Service before such posting.
                  TITLE XI--CIVILIAN PERSONNEL MATTERS

                 Subtitle A--Extensions of Authorities

Sec. 1101.  Extension of eligibility to continue Federal employee 
              health benefits.
Sec. 1102.  Extension of Department of Defense voluntary reduction in 
              force authority.
Sec. 1103.  Extension of authority to make lump sum severance payments.
Sec. 1104.  Permanent extension of Science, Mathematics, and Research 
              for Transformation (SMART) Defense Education Program.
Sec. 1105.  Authority to waive annual limitation on total compensation 
              paid to Federal civilian employees.

                Subtitle B--Veterans Preference Matters

Sec. 1111.  Veterans' preference status for certain veterans who served 
              on active duty during the period beginning on September 
              11, 2001, and ending as of the close of Operation Iraqi 
              Freedom.
Sec. 1112.  Veterans' preference eligibility for military reservists.

                       Subtitle C--Other Matters

Sec. 1121.  Transportation of family members in connection with the 
              repatriation of Federal employees held captive.
Sec. 1122.  Strategic human capital plan for civilian employees of the 
              Department of Defense.
Sec. 1123.  Independent study on features of successful personnel 
              management systems of highly technical and scientific 
              workforces.
Sec. 1124.  Support by Department of Defense of pilot project for 
              Civilian Linguist Reserve Corps.
Sec. 1125.  Increase in authorized number of positions in Defense 
              Intelligence Senior Executive Service.
                 Subtitle A--Extensions of Authorities

     SEC. 1101. EXTENSION OF ELIGIBILITY TO CONTINUE FEDERAL 
                   EMPLOYEE HEALTH BENEFITS.

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

     SEC. 1102. EXTENSION OF DEPARTMENT OF DEFENSE VOLUNTARY 
                   REDUCTION IN FORCE AUTHORITY.

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

     SEC. 1103. EXTENSION OF AUTHORITY TO MAKE LUMP SUM SEVERANCE 
                   PAYMENTS.

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

     SEC. 1104. PERMANENT EXTENSION OF SCIENCE, MATHEMATICS, AND 
                   RESEARCH FOR TRANSFORMATION (SMART) DEFENSE 
                   EDUCATION PROGRAM.

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

[[Page H12827]]

     shall refund the United States an appropriate amount, as 
     determined by the Secretary.''.
       (d) Codification.--
       (1) Amendment to title 10.--Chapter 111 of title 10, United 
     States Code, is amended--
       (A) by inserting after section 2192 the following:

     ``Sec. 2192a. Science, Mathematics, and Research for 
       Transformation (SMART) Defense Education Program'';

        and
       (B) by transferring and inserting the text of section 1105 
     of the Ronald W. Reagan National Defense Authorization Act 
     for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2074; 10 
     U.S.C. 2192 note), as amended by subsections (a), (b), and 
     (c), so as to appear below the section heading for section 
     2192a, as added by subparagraph (A).
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2192 the following new item:

``2192a. Science, Mathematics, and Research for Transformation (SMART) 
              Defense Education Program.''.

       (e) Conforming Amendments.--
       (1) Section 1105 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 2074; 10 U.S.C. 2192 note) is repealed.
       (2) Section 3304(a)(3)(B)(ii) of title 5, United States 
     Code, is amended--
       (A) by striking ``Scholarship Pilot Program'' and inserting 
     ``Defense Education Program''; and
       (B) by striking ``section 1105'' and all that follows 
     through the period and inserting ``section 2192a of title 10, 
     United States Code.''.
       (f) Effect on Current Participants in SMART Pilot 
     Program.--Participation in the Science, Mathematics, and 
     Research for Transformation (SMART) Defense Scholarship Pilot 
     Program under section 1105 of Public Law 108-375 by an 
     individual who has entered into an agreement under that pilot 
     program before the date of the enactment of this Act shall be 
     governed by the terms of such agreement without regard to the 
     amendments made by this section.

     SEC. 1105. AUTHORITY TO WAIVE ANNUAL LIMITATION ON TOTAL 
                   COMPENSATION PAID TO FEDERAL CIVILIAN 
                   EMPLOYEES.

       (a) Waiver Authority.--During 2006 and notwithstanding 
     section 5547 of title 5, United States Code, the head of an 
     executive agency may waive, subject to subsection (b), the 
     limitation established in that section for total compensation 
     (including limitations on the aggregate of basic pay and 
     premium pay payable in a calendar year) of an employee who 
     performs work while in an overseas location that is in the 
     area of responsibility of the commander of the United States 
     Central Command, in direct support of or directly related to 
     a military operation (including a contingency operation as 
     defined in section 101(13) of title 10, United States Code).
       (b) $200,000 Maximum Total Compensation.--The total 
     compensation of an employee whose pay is covered by a waiver 
     under subsection (a) may not exceed $200,000 in a calendar 
     year.
       (c) Additional Pay not Considered Basic Pay.--To the extent 
     that a waiver under subsection (a) results in payment of 
     additional premium pay of a type that is normally creditable 
     as basic pay for retirement or any other purpose, such 
     additional pay--
       (1) shall not be considered to be basic pay for any 
     purpose; and
       (2) shall not be used in computing a lump sum payment for 
     accumulated and accrued annual leave under section 5551 of 
     title 5, United States Code.
                Subtitle B--Veterans Preference Matters

     SEC. 1111. VETERANS' PREFERENCE STATUS FOR CERTAIN VETERANS 
                   WHO SERVED ON ACTIVE DUTY DURING THE PERIOD 
                   BEGINNING ON SEPTEMBER 11, 2001, AND ENDING AS 
                   OF THE CLOSE OF OPERATION IRAQI FREEDOM.

       (a) Definition of Veteran.--Section 2108(1) of title 5, 
     United States Code, is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by adding ``or'' after the 
     semicolon; and
       (3) by inserting after subparagraph (C) the following:
       ``(D) served on active duty as defined by section 101(21) 
     of title 38 at any time in the armed forces for a period of 
     more than 180 consecutive days any part of which occurred 
     during the period beginning on September 11, 2001, and ending 
     on the date prescribed by Presidential proclamation or by law 
     as the last date of Operation Iraqi Freedom;''.
       (b) Conforming Amendment.--Section 2108(3)(B) of such title 
     is amended by striking ``paragraph (1)(B) or (C)'' and 
     inserting ``paragraph (1)(B), (C), or (D)''.

     SEC. 1112. VETERANS' PREFERENCE ELIGIBILITY FOR MILITARY 
                   RESERVISTS.

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

     SEC. 1121. TRANSPORTATION OF FAMILY MEMBERS IN CONNECTION 
                   WITH THE REPATRIATION OF FEDERAL EMPLOYEES HELD 
                   CAPTIVE.

       (a) Allowances Authorized.--Chapter 57 of title 5, United 
     States Code, is amended by adding at the end the following 
     new section:

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

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

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

     SEC. 1122. STRATEGIC HUMAN CAPITAL PLAN FOR CIVILIAN 
                   EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

       (a) Plan Required.--(1) Not later than one year after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall develop and submit to the Committees on Armed Services 
     of the Senate and House of Representatives a strategic plan 
     to shape and improve the civilian employee workforce of the 
     Department of Defense.
       (2) The plan shall be known as the ``strategic human 
     capital plan''.
       (b) Contents.--The strategic human capital plan required by 
     subsection (a) shall include--
       (1) an assessment of--
       (A) the critical skills and competencies that will be 
     needed in the future civilian employee workforce of the 
     Department of Defense to support national security 
     requirements and effectively manage the Department over the 
     next decade;
       (B) the skills and competencies of the existing civilian 
     employee workforce of the Department and projected trends in 
     that workforce based on expected losses due to retirement and 
     other attrition; and
       (C) gaps in the existing or projected civilian employee 
     workforce of the Department that should be addressed to 
     ensure that the Department has continued access to the 
     critical skills and competencies described in subparagraph 
     (A); and
       (2) a plan of action for developing and reshaping the 
     civilian employee workforce of the Department to address the 
     gaps in critical skills and competencies identified under 
     paragraph (1)(C), including--
       (A) specific recruiting and retention goals, including the 
     program objectives of the Department to be achieved through 
     such goals; and
       (B) specific strategies for development, training, 
     deploying, compensating, and motivating the civilian employee 
     workforce of the Department, including the program objectives 
     of the Department to be achieved through such strategies.
       (c) Annual Updates.--Not later than March 1 of each year 
     from 2007 through 2010, the Secretary shall update the 
     strategic human capital plan required by subsection (a), as 
     previously updated under this subsection.

[[Page H12828]]

       (d) Annual Reports.--Not later than March 1 of each year 
     from 2007 through 2010, the Secretary shall submit to the 
     appropriate committees of Congress--
       (1) the update of the strategic human capital plan prepared 
     in such year under subsection (c); and
       (2) the assessment of the Secretary, using results-oriented 
     performance measures, of the progress of the Department of 
     Defense in implementing the strategic human capital plan.
       (e) Comptroller General Review.--Not later than 90 days 
     after the Secretary submits under subsection (a) the 
     strategic human capital plan required by that subsection, the 
     Comptroller General shall submit to the Committees on Armed 
     Services of the Senate and House of Representatives a report 
     on the plan.

     SEC. 1123. INDEPENDENT STUDY ON FEATURES OF SUCCESSFUL 
                   PERSONNEL MANAGEMENT SYSTEMS OF HIGHLY 
                   TECHNICAL AND SCIENTIFIC WORKFORCES.

       (a) Independent Study.--The Secretary of Defense shall 
     commission an independent study to identify the features of 
     successful personnel management systems of the highly 
     technical and scientific workforces of the Department of 
     Defense laboratories and similar scientific facilities and 
     institutions.
       (b) Elements.--The study required by subsection (a) shall 
     include the following:
       (1) An examination of the personnel management authorities 
     under statute or regulation currently being used, or 
     available for use, at Department of Defense demonstration 
     laboratories to assist in the management of the workforce of 
     such laboratories.
       (2) A list of personnel management authorities and 
     practices critical to successful mission execution, obtained 
     through interviews with selected, premier government and 
     private sector laboratory directors.
       (3) A comparative assessment of the effectiveness of the 
     Department of Defense technical workforce management 
     authorities and practices with that of other similar 
     entities.
       (4) Such recommendations as are considered appropriate for 
     the effective use of available personnel management 
     authorities to ensure the successful personnel management of 
     the highly technical and scientific workforce of the 
     Department of Defense.

     SEC. 1124. SUPPORT BY DEPARTMENT OF DEFENSE OF PILOT PROJECT 
                   FOR CIVILIAN LINGUIST RESERVE CORPS.

       Subject to the availability of appropriated funds, the 
     Secretary of Defense may support implementation of the 
     Civilian Linguist Reserve Corps pilot project authorized by 
     section 613 of the Intelligence Authorization Act for Fiscal 
     Year 2005 (Public Law 108-487; 118 Stat. 3959; 50 U.S.C. 403-
     1b note).

     SEC. 1125. INCREASE IN AUTHORIZED NUMBER OF POSITIONS IN 
                   DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE.

       Section 1606(a) of title 10, United States Code, is amended 
     by striking ``544'' and inserting ``594''.
             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

Sec. 1201. Extension of humanitarian and civic assistance provided to 
              host nations in conjunction with military operations.
Sec. 1202. Commanders' Emergency Response Program.
Sec. 1203. Modification of geographic restriction under bilateral and 
              regional cooperation programs for payment of certain 
              expenses of defense personnel of developing countries.
Sec. 1204. Authority for Department of Defense to enter into 
              acquisition and cross-servicing agreements with regional 
              organizations of which the United States is not a member.
Sec. 1205. Two-year extension of authority for payment of certain 
              administrative services and support for coalition liaison 
              officers.
Sec. 1206. Authority to build the capacity of foreign military forces.
Sec. 1207. Security and stabilization assistance.
Sec. 1208. Reimbursement of certain coalition nations for support 
              provided to United States military operations.
Sec. 1209. Authority to transfer defense articles and provide defense 
              services to the military and security forces of Iraq and 
              Afghanistan.

     Subtitle B--Nonproliferation Matters and Countries of Concern

Sec. 1211. Prohibition on procurements from Communist Chinese military 
              companies.
Sec. 1212. Report on nonstrategic nuclear weapons.

          Subtitle C--Reports and Sense of Congress Provisions

Sec. 1221. War-related reporting requirements.
Sec. 1222. Quarterly reports on war strategy in Iraq.
Sec. 1223. Report on records of civilian casualties in Afghanistan and 
              Iraq.
Sec. 1224. Annual report on Department of Defense costs to carry out 
              United Nations resolutions.
Sec. 1225. Report on claims related to the bombing of the LaBelle 
              Discotheque.
Sec. 1226. Sense of Congress concerning cooperation with Russia on 
              issues pertaining to missile defense.
Sec. 1227. United States policy on Iraq.

                       Subtitle D--Other Matters

Sec. 1231. Purchase of weapons overseas for force protection purposes 
              in countries in which combat operations are ongoing.
Sec. 1232. Riot control agents.
Sec. 1233. Requirement for establishment of certain criteria applicable 
              to Global Posture Review.
Sec. 1234. The United States-China Economic Security Review Commission.
                  Subtitle A--Assistance and Training

     SEC. 1201. EXTENSION OF HUMANITARIAN AND CIVIC ASSISTANCE 
                   PROVIDED TO HOST NATIONS IN CONJUNCTION WITH 
                   MILITARY OPERATIONS.

       (a) Limitation on Amount of Assistance for Clearance of 
     Landmines, Etc.--Subsection (c)(3) of section 401 of title 
     10, United States Code is amended by striking ``$5,000,000'' 
     and inserting ``$10,000,000''.
       (b) Extension and Clarification of Types of Health Care 
     Authorized.--Subsection (e)(1) of such section is amended--
       (1) by inserting ``surgical,'' before ``dental,'' both 
     places it appears; and
       (2) by inserting ``, including education, training, and 
     technical assistance related to the care provided'' before 
     the period at the end.

     SEC. 1202. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

       (a) Authority for Fiscal Years 2006 and 2007.--During each 
     of fiscal years 2006 and 2007, from funds made available to 
     the Department of Defense for operation and maintenance for 
     such fiscal year, not to exceed $500,000,000 may be used by 
     the Secretary of Defense in such fiscal year to provide 
     funds--
       (1) for the Commanders' Emergency Response Program; and
       (2) for a similar program to assist the people of 
     Afghanistan.
       (b) Quarterly Reports.--Not later than 15 days after the 
     end of each fiscal-year quarter of fiscal years 2006 and 
     2007, the Secretary of Defense shall submit to the 
     congressional defense committees a report regarding the 
     source of funds and the allocation and use of funds during 
     that quarter that were made available pursuant to the 
     authority provided in this section or under any other 
     provision of law for the purposes of the programs under 
     subsection (a).
       (c) Submission of Guidance.--
       (1) Initial submission.--Not later than 30 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees a copy 
     of the guidance issued by the Secretary to the Armed Forces 
     concerning the allocation of funds through the Commanders' 
     Emergency Response Program and any similar program to assist 
     the people of Afghanistan.
       (2) Modifications.--If the guidance in effect for the 
     purpose stated in paragraph (1) is modified, the Secretary 
     shall submit to the congressional defense committees a copy 
     of the modification not later than 15 days after the date on 
     which the Secretary makes the modification.
       (d) Waiver Authority.--For purposes of exercising the 
     authority provided by this section or any other provision of 
     law making funding available for the Commanders' Emergency 
     Response Program or any similar program to assist the people 
     of Afghanistan, the Secretary of Defense may waive any 
     provision of law not contained in this section that would 
     (but for the waiver) prohibit, restrict, limit, or otherwise 
     constrain the exercise of that authority.
       (e) Commanders' Emergency Response Program Defined.--In 
     this section, the term ``Commanders' Emergency Response 
     Program'' means the program established by the Administrator 
     of the Coalition Provisional Authority for the purpose of 
     enabling United States military commanders in Iraq to respond 
     to urgent humanitarian relief and reconstruction requirements 
     within their areas of responsibility by carrying out programs 
     that will immediately assist the Iraqi people.

     SEC. 1203. MODIFICATION OF GEOGRAPHIC RESTRICTION UNDER 
                   BILATERAL AND REGIONAL COOPERATION PROGRAMS FOR 
                   PAYMENT OF CERTAIN EXPENSES OF DEFENSE 
                   PERSONNEL OF DEVELOPING COUNTRIES.

       Section 1051(b)(1) of title 10, United States Code, is 
     amended--
       (1) by inserting ``to and'' after ``in connection with 
     travel''; and
       (2) by striking ``in which the developing country is 
     located'' and inserting ``in which the bilateral or regional 
     conference, seminar, or similar meeting for which expenses 
     are authorized is located''.

     SEC. 1204. AUTHORITY FOR DEPARTMENT OF DEFENSE TO ENTER INTO 
                   ACQUISITION AND CROSS-SERVICING AGREEMENTS WITH 
                   REGIONAL ORGANIZATIONS OF WHICH THE UNITED 
                   STATES IS NOT A MEMBER.

       Subchapter I of chapter 138 of title 10, United States 
     Code, is amended by striking ``of which the United States is 
     a member'' in sections 2341(1), 2342(a)(1)(C), and 
     2344(b)(4).

     SEC. 1205. TWO-YEAR EXTENSION OF AUTHORITY FOR PAYMENT OF 
                   CERTAIN ADMINISTRATIVE SERVICES AND SUPPORT FOR 
                   COALITION LIAISON OFFICERS.

       Section 1051a(e) of title 10, United States Code, is 
     amended by striking ``September 30, 2005'' and inserting 
     ``September 30, 2007''.

     SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF FOREIGN 
                   MILITARY FORCES.

       (a) Authority.--The President may direct the Secretary of 
     Defense to conduct or support a program to build the capacity 
     of a foreign country's national military forces in order for 
     that country to--
       (1) conduct counterterrorist operations; or
       (2) participate in or support military and stability 
     operations in which the United States Armed Forces are a 
     participant.
       (b) Types of Capacity Building.--
       (1) Authorized elements.--The program directed by the 
     President under subsection (a) may include the provision of 
     equipment, supplies, and training.

[[Page H12829]]

       (2) Required elements.--The program directed by the 
     President under subsection (a) shall include elements that 
     promote--
       (A) observance of and respect for human rights and 
     fundamental freedoms; and
       (B) respect for legitimate civilian authority within that 
     country.
       (c) Limitations.--
       (1) Annual funding limitation.--The Secretary of Defense 
     may use up to $200,000,000 of funds available for defense-
     wide operation and maintenance for any fiscal year to conduct 
     or support activities directed by the President under 
     subsection (a) in that fiscal year.
       (2) Assistance otherwise prohibited by law.--The President 
     may not use the authority in subsection (a) to provide any 
     type of assistance described in subsection (b) that is 
     otherwise prohibited by any provision of law.
       (3) Limitation on eligible countries.--The President may 
     not use the authority in subsection (a) to provide assistance 
     described in subsection (b) to any foreign country that is 
     otherwise prohibited from receiving such type of assistance 
     under any other provision of law.
       (d) Formulation and Execution of Program.--The Secretary of 
     Defense and the Secretary of State shall jointly formulate 
     any program directed by the President under subsection (a). 
     The Secretary of Defense shall coordinate with the Secretary 
     of State in the implementation of any program directed by the 
     President under subsection (a).
       (e) Congressional Notification.--
       (1) Presidential direction.--At the time the President 
     directs the Secretary of Defense to conduct or support a 
     program authorized in subsection (a), the President shall 
     provide a written copy of that direction to the Congress.
       (2) Activities in a country.--Not less than 15 days before 
     initiating activities in any country as directed by the 
     President under subsection (a), the Secretary of Defense, in 
     coordination with the Secretary of State, shall submit to the 
     congressional committees specified in paragraph (3) a notice 
     of the following:
       (A) The country whose capacity to engage in activities in 
     subsection (a) will be built.
       (B) The budget, implementation timeline with milestones, 
     and completion date for completing the program directed by 
     the President.
       (C) The source and planned expenditure of funds to complete 
     the program directed by the President.
       (3) Specified congressional committees.--The congressional 
     committees specified in this paragraph are the following:
       (A) The Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate.
       (B) The Committee on Armed Services, the Committee on 
     International Relations, and the Committee on Appropriations 
     of the House of Representatives.
       (f) Report.--Not later than one year after the date of the 
     enactment of this Act, the President shall transmit to the 
     congressional committees specified in subsection (e)(3) a 
     report examining the following issues:
       (1) The strengths and weaknesses of the Foreign Assistance 
     Act of 1961, the Arms Export Control Act, and any other 
     provision of law related to the building of the capacity of 
     foreign governments or the training and equipping of foreign 
     military forces, including strengths and weaknesses for the 
     purposes described in subsection (a).
       (2) The changes, if any, that should be made to the Foreign 
     Assistance Act of 1961, the Arms Export Control Act, and any 
     other relevant provision of law that would improve the 
     ability of the United States Government to build the capacity 
     of foreign governments or train and equip foreign military 
     forces, including for the purposes described in subsection 
     (a).
       (3) The organizational and procedural changes, if any, that 
     should be made in the Department of State and the Department 
     of Defense to improve their ability to conduct programs to 
     build the capacity of foreign governments or train and equip 
     foreign military forces, including for the purposes described 
     in subsection (a).
       (4) The resources and funding mechanisms required to assure 
     adequate funding for such programs.
       (g) Termination of Program.--The authority of the President 
     under subsection (a) to direct the Secretary of Defense to 
     conduct a program terminates at the close of September 30, 
     2007. Any program directed before that date may be completed, 
     but only using funds available for fiscal year 2006 or fiscal 
     year 2007.

     SEC. 1207. SECURITY AND STABILIZATION ASSISTANCE.

       (a) Authority.--The Secretary of Defense may provide 
     services to, and transfer defense articles and funds to, the 
     Secretary of State for the purposes of facilitating the 
     provision by the Secretary of State of reconstruction, 
     security, or stabilization assistance to a foreign country.
       (b) Limitation.--The aggregate value of all services, 
     defense articles, and funds provided or transferred to the 
     Secretary of State under this section in any fiscal year may 
     not exceed $100,000,000.
       (c) Availability of Funds.--Any funds transferred to the 
     Secretary of State under this section may remain available 
     until expended.
       (d) Congressional Notification.--
       (1) Requirement for notice.--Whenever the Secretary of 
     Defense exercises the authority under subsection (a), the 
     Secretary shall, at the time the authority is exercised, 
     notify the congressional committees specified in paragraph 
     (3) of the exercise of that authority. Any such notification 
     shall be prepared in coordination with the Secretary of 
     State.
       (2) Content of notification.--Any notification under 
     paragraph (1) shall include a description of--
       (A) the services, defense articles, or funds provided or 
     transferred to the Secretary of State; and
       (B) the purpose for which such services, defense articles, 
     and funds will be used.
       (3) Specified congressional committees.--The congressional 
     committees specified in this paragraph are the following:
       (A) The Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate.
       (B) The Committee on Armed Services, the Committee on 
     International Relations, and the Committee on Appropriations 
     of the House of Representatives.
       (e) Applicable Law.--Any services, defense articles, or 
     funds provided or transferred to the Secretary of State under 
     the authority of this section that the Secretary of State 
     uses to provide reconstruction, security, or stabilization 
     assistance to a foreign country shall be subject to the 
     authorities and limitations in the Foreign Assistance Act of 
     1961, the Arms Export Control Act, or any law making 
     appropriations to carry out such Acts.
       (f) Expiration.--The authority provided under subsection 
     (a) may not be exercised after September 30, 2007.

     SEC. 1208. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR 
                   SUPPORT PROVIDED TO UNITED STATES MILITARY 
                   OPERATIONS.

       (a) Authority.--From funds made available for the 
     Department of Defense by title XV for Defense-Wide Operation 
     and Maintenance, the Secretary of Defense may reimburse any 
     key cooperating nation for logistical and military support 
     provided by that nation to or in connection with United 
     States military operations in Iraq, Afghanistan, and the 
     global war on terrorism.
       (b) Determinations.--Payments authorized under subsection 
     (a) may be made in such amounts as the Secretary of Defense, 
     with the concurrence of the Secretary of State and in 
     consultation with the Director of the Office of Management 
     and Budget, may determine, in the Secretary's discretion, 
     based on documentation determined by the Secretary of Defense 
     to adequately account for the support provided. Any such 
     determination by the Secretary of Defense shall be final and 
     conclusive upon the accounting officers of the United States. 
     To the maximum extent practicable, the Secretary shall 
     develop standards for determining the kinds of logistical and 
     military support to the United States that shall be 
     considered reimbursable under this section.
       (c) Limitations.--
       (1) Total amount.--The total amount of payments made under 
     the authority of this section during fiscal year 2006 may not 
     exceed $1,500,000,000.
       (2) Prohibition on contractual obligations to make 
     payments.--The Secretary may not enter into any contractual 
     obligation to make a payment under the authority of this 
     section.
       (d) Congressional Notifications.--The Secretary of 
     Defense--
       (1) shall notify the congressional defense committees not 
     less than 15 days before making any payment under the 
     authority of this section; and
       (2) shall submit to those committees quarterly reports on 
     the use of the authority under this section.

     SEC. 1209. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE 
                   DEFENSE SERVICES TO THE MILITARY AND SECURITY 
                   FORCES OF IRAQ AND AFGHANISTAN.

       (a) Authority.--The President is authorized to transfer 
     defense articles from the stocks of the Department of Defense 
     and to provide defense services in connection with the 
     transfer of such defense articles to the military and 
     security forces of Iraq and Afghanistan in order to support 
     the efforts of those forces to restore and maintain peace and 
     security in those countries.
       (b) Limitation.--The aggregate value of all defense 
     articles transferred and defense services provided to Iraq 
     and Afghanistan under subsection (a) may not exceed 
     $500,000,000.
       (c) Applicable Law.--Any defense articles transferred or 
     defense services provided to Iraq or Afghanistan under the 
     authority of subsection (a) shall be subject to the 
     authorities and limitations applicable to the transfer of 
     excess defense articles under section 516 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321j), other than the 
     authorities and limitations contained in subsections 
     (b)(1)(B), (e), (f), and (g) of such section.
       (d) Notification.--
       (1) In general.--The President may not transfer defense 
     articles or provide defense services under subsection (a) 
     until 15 days after the date on which the President has 
     provided notice of the proposed transfer of defense articles 
     or provision of defense services to the appropriate 
     congressional committees.
       (2) Contents.--Such notification shall include--
       (A) the information required by subparagraphs (A) through 
     (D) of section 516(f)(2) of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2321j(f)(2)(A) through (D));
       (B) a description of the amount and type of each defense 
     article to be transferred or defense service to be provided 
     and the brigade-level unit from which the defense article is 
     to be transferred or defense service is to be provided, if 
     applicable; and
       (C) an identification of the element of the military or 
     security force that is the proposed recipient of each defense 
     article to be transferred or defense service to be provided.
       (e) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations, the Committee on Armed 
     Services, and the Committee on International Relations of the 
     House of Representatives; and

[[Page H12830]]

       (B) the Committee on Appropriations, the Committee on Armed 
     Services, and the Committee on Foreign Relations of the 
     Senate.
       (2) Defense articles.--The term ``defense articles'' has 
     the meaning given the term in section 644(d) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2403(d)).
       (3) Defense services.--The term ``defense services'' has 
     the meaning given the term in section 644(f) of such Act (22 
     U.S.C. 2403(f)).
       (4) Military and security forces.--The term ``military and 
     security forces'' has the meaning given the term in section 
     1202(e) of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375).
       (f) Expiration.--The authority provided under subsection 
     (a) may not be exercised after September 30, 2006.
     Subtitle B--Nonproliferation Matters and Countries of Concern

     SEC. 1211. PROHIBITION ON PROCUREMENTS FROM COMMUNIST CHINESE 
                   MILITARY COMPANIES.

       (a) Prohibition.--The Secretary of Defense may not procure 
     goods or services described in subsection (b), through a 
     contract or any subcontract (at any tier) under a contract, 
     from any Communist Chinese military company.
       (b) Goods and Services Covered.--For purposes of subsection 
     (a), the goods and services described in this subsection are 
     goods and services on the munitions list of the International 
     Trafficking in Arms Regulations, other than goods or services 
     procured--
       (1) in connection with a visit by a vessel or an aircraft 
     of the United States Armed Forces to the People's Republic of 
     China;
       (2) for testing purposes; or
       (3) for purposes of gathering intelligence.
       (c) Waiver Authorized.--The Secretary of Defense may waive 
     the prohibition in subsection (a) if the Secretary determines 
     such a waiver is necessary for national security purposes. 
     The Secretary shall notify the congressional defense 
     committees of each waiver made under this subsection.
       (d) Definitions.--In this section:
       (1) The term ``Communist Chinese military company'' has the 
     meaning provided that term by section 1237(b)(4) of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (50 U.S.C. 1701 note).
       (2) The term ``munitions list of the International 
     Trafficking in Arms Regulations'' means the United States 
     Munitions List contained in part 121 of subchapter M of title 
     22 of the Code of Federal Regulations.

     SEC. 1212. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.

       (a) Review.--Not later than six months after the date of 
     the enactment of this Act, the Secretary of Defense shall, in 
     consultation with the Secretary of State and the Secretary of 
     Energy, 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 submit to 
     the congressional defense committees a joint report, prepared 
     in consultation with the Secretary of State and the Secretary 
     of Energy, 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 as a 
     result of the review 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 a classified 
     annex.
          Subtitle C--Reports and Sense of Congress Provisions

     SEC. 1221. WAR-RELATED REPORTING REQUIREMENTS.

       (a) Report Required for Operation Iraqi Freedom, Operation 
     Enduring Freedom, and Operation Noble Eagle.--The Secretary 
     of Defense shall submit to the congressional defense 
     committees, in accordance with this section, a report on 
     procurement and equipment maintenance costs for each of 
     Operation Iraqi Freedom, Operation Enduring Freedom, and 
     Operation Noble Eagle and on facility infrastructure costs 
     associated with each of Operation Iraqi Freedom and Operation 
     Enduring Freedom. The report shall include the following:
       (1) Procurement.--A specification of costs of procurement 
     funding requested since fiscal year 2003, together with end-
     item quantities requested and the purpose of the request 
     (such as replacement for battle losses, improved capability, 
     increase in force size, restructuring of forces), shown by 
     service.
       (2) Equipment maintenance.--A cost comparison of the 
     requirements for equipment maintenance expenditures during 
     peacetime and for such requirements during wartime, as shown 
     by the requirements in each of Operation Iraqi Freedom, 
     Operation Enduring Freedom, and Operation Noble Eagle. The 
     cost comparison shall include--
       (A) a description of the effect of war operations on the 
     backlog of maintenance requirements over the period of fiscal 
     years 2003 to the time of the report; and
       (B) an examination of the extent to which war operations 
     have precluded maintenance from being performed because 
     equipment was unavailable.
       (3) Operation iraqi freedom and operation enduring freedom 
     infrastructure.--A specification of the number of United 
     States military personnel that can be supported by the 
     facility infrastructure in Iraq and Afghanistan and in the 
     neighboring countries from where Operation Iraq Freedom and 
     Operation Enduring Freedom are supported.
       (b) Submission Requirements.--The report under subsection 
     (a) shall be submitted not later than 180 days after the date 
     of the enactment of this Act. The Secretary of Defense shall 
     submit an updated report on procurement, equipment 
     maintenance, and military construction costs, as specified in 
     subsection (a), concurrently with any request made to 
     Congress after the date of the enactment of this Act for war-
     related funding.
       (c) Submission to Gao of Certain Reports on Costs.--The 
     Secretary of Defense shall submit to the Comptroller General, 
     not later than 45 days after the end of each reporting month, 
     the Department of Defense Supplemental and Cost of War 
     Execution reports. Based on these reports, the Comptroller 
     General shall provide to Congress quarterly updates on the 
     costs of Operation Iraqi Freedom and Operation Enduring 
     Freedom.

     SEC. 1222. QUARTERLY REPORTS ON WAR STRATEGY IN IRAQ.

       (a) Quarterly Reports.--At the same time the Secretary of 
     Defense submits to Congress each report on stability and 
     security in Iraq that is submitted to Congress after the date 
     of the enactment of this Act under the Joint Explanatory 
     Statement of the Committee on Conference to accompany the 
     conference report on the bill H.R. 1268 of the 109th 
     Congress, the Secretary of Defense and appropriate personnel 
     of the Central Intelligence Agency shall provide the 
     appropriate committees of Congress a briefing on the strategy 
     for the war in Iraq, including the intelligence and other 
     measures of evaluation used in determining the progress made 
     in the execution of that strategy.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Select Committee 
     on Intelligence, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, and the Committee on 
     Appropriations of the House of Representatives.
       (c) Termination of Requirement.--This section shall cease 
     to be in effect after 12 of the quarterly briefings specified 
     in subsection (a) have been provided or December 31, 2008, 
     whichever is later.

     SEC. 1223. REPORT ON RECORDS OF CIVILIAN CASUALTIES IN 
                   AFGHANISTAN AND IRAQ.

       (a) Report.--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 records 
     of civilian casualties in Afghanistan and Iraq.
       (b) Matters to Be Included.--The report under subsection 
     (a) shall include the following:
       (1) Whether records of civilian casualties in Afghanistan 
     and Iraq are kept by the United States Armed Forces and if 
     such records are kept--
       (A) how and from what sources the information for those 
     records is collected;
       (B) where those records are kept; and
       (C) what officials or organizations are responsible for 
     maintaining those records.
       (2) Whether such records (if kept) contain--
       (A) any information relating to the circumstances under 
     which the casualties occurred and whether those casualties 
     were fatalities or injuries;
       (B) information as to whether any condolence payment, 
     compensation, or assistance was provided to the victim or to 
     the victim's family; and
       (C) any other information relating to those casualties.

     SEC. 1224. ANNUAL REPORT ON DEPARTMENT OF DEFENSE COSTS TO 
                   CARRY OUT UNITED NATIONS RESOLUTIONS.

       (a) Requirement for Annual Report.--
       (1) Department of defense costs.--Not later than April 30 
     of each year, the Secretary of Defense shall submit to the 
     congressional committees specified in paragraph (2) a report 
     on Department of Defense costs during the preceding fiscal 
     year to carry out United Nations resolutions.
       (2) Specified committees.--The committees specified in this 
     paragraph are--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     International Relations, and the Committee on Appropriations 
     of the House of Representatives.
       (b) Matters to Be Included.-- Each report under subsection 
     (a) shall set forth the following:
       (1) All direct and indirect costs (including incremental 
     costs) incurred by the Department of Defense during the 
     preceding fiscal year in implementing or supporting any 
     resolution adopted by the United Nations Security Council, 
     including any such resolution calling for--
       (A) international sanctions;
       (B) international peacekeeping operations;
       (C) international peace enforcement operations;
       (D) monitoring missions;
       (E) observer missions; or
       (F) humanitarian missions.
       (2) An aggregate of all such Department of Defense costs by 
     operation or mission and the total cost to United Nations 
     members of each operation or mission.

[[Page H12831]]

       (3) All direct and indirect costs (including incremental 
     costs) incurred by the Department of Defense during the 
     preceding fiscal year in training, equipping, and otherwise 
     assisting, preparing, providing resources for, and 
     transporting foreign defense or security forces for 
     implementing or supporting any resolution adopted by the 
     United Nations Security Council, including any such 
     resolution specified in paragraph (1).
       (4) All efforts made to seek credit against past United 
     Nations expenditures.
       (5) 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.
       (c) Coordination.--The report under subsection (a) each 
     year shall be prepared in coordination with the Secretary of 
     State.
       (d) Form of Report.--Each report required by this section 
     shall be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 1225. REPORT ON CLAIMS RELATED TO THE BOMBING OF THE 
                   LABELLE DISCOTHEQUE.

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

     SEC. 1226. SENSE OF CONGRESS CONCERNING COOPERATION WITH 
                   RUSSIA ON ISSUES PERTAINING TO MISSILE DEFENSE.

       It is the sense of Congress that--
       (1) cooperation between the United States and Russia with 
     regard to missile defense is in the interest of the United 
     States;
       (2) there does not exist strong enough engagement between 
     the United States and Russia with respect to missile defense 
     cooperation;
       (3) the United States should explore innovative and 
     nontraditional means of cooperation with Russia on issues 
     pertaining to missile defense; and
       (4) as part of such an effort, the Secretary of Defense 
     should consider the possibilities for United States-Russian 
     cooperation with respect to missile defense through--
       (A) the testing of specific elements of the detection and 
     tracking equipment of the Missile Defense Agency of the 
     United States Department of Defense through the use of 
     Russian target missiles;
       (B) the provision of early warning radar to the Missile 
     Defense Agency by the use of Russian radar data; and
       (C) the implementation of the Joint Data Exchange Center in 
     Moscow to improve early warning capabilities.

     SEC. 1227. UNITED STATES POLICY ON IRAQ.

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

     SEC. 1231. PURCHASE OF WEAPONS OVERSEAS FOR FORCE PROTECTION 
                   PURPOSES IN COUNTRIES IN WHICH COMBAT 
                   OPERATIONS ARE ONGOING.

       (a) Force Protection Purchases.--Chapter 3 of title 10, 
     United States Code, is amended by inserting after section 
     127b the following new section:

     ``Sec. 127c. Purchase of weapons overseas: force protection

       ``(a) Authority.--When elements of the armed forces are 
     engaged in ongoing military operations in a country, the 
     Secretary of Defense may, for the purpose of protecting 
     United States forces in that country, purchase weapons from 
     any foreign person, foreign government, international 
     organization, or other entity located in that country.
       ``(b) Limitation.--The total amount expended during any 
     fiscal year for purchases under this section may not exceed 
     $15,000,000.
       ``(c) Semiannual Congressional Report.--In any case in 
     which the authority provided in subsection (a) is used during 
     the period of the first six months of a fiscal year, or 
     during the period of the second six months of a fiscal year, 
     the Secretary of Defense shall submit to the Committee on 
     Armed Services of the Senate and Committee on Armed Services 
     of the House of Representatives a report on the use of that 
     authority during that six-month period. Each such report 
     shall be submitted not later than 30 days after the end of 
     the six-month period during which the authority is used. Each 
     such report shall include the following:
       ``(1) The number and type of weapons purchased under 
     subsection (a) during that six-

[[Page H12832]]

     month period covered by the report, together with the amount 
     spent for those weapons and the Secretary's estimate of the 
     fair market value of those weapons.
       ``(2) A description of the dispositions (if any) during 
     that six-month period of weapons purchased under subsection 
     (a).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 127b the following new item:

``127c. Purchase of weapons overseas: force protection.''.

     SEC. 1232. RIOT CONTROL AGENTS.

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

     SEC. 1233. REQUIREMENT FOR ESTABLISHMENT OF CERTAIN CRITERIA 
                   APPLICABLE TO GLOBAL POSTURE REVIEW.

       (a) Criteria.--As part of the Integrated Global Presence 
     and Basing Strategy (IGPBS) developed by the Department of 
     Defense that is referred to as the ``Global Posture Review'', 
     the Secretary of Defense, in consultation with the Chairman 
     of the Joint Chiefs of Staff, shall develop criteria for 
     assessing, with respect to each type of facility specified in 
     subsection (c) that is to be located in a foreign country, 
     the following factors:
       (1) The effect of any new basing arrangements on the 
     strategic mobility requirements of the Department of Defense.
       (2) The ability of units deployed to overseas locations in 
     areas in which United States Armed Forces have not 
     traditionally been deployed to meet mobility response times 
     required by operational planners.
       (3) The cost of deploying units to areas referred to in 
     paragraph (2) on a rotational basis (rather than on a 
     permanent basing basis).
       (4) The strategic benefit of rotational deployments through 
     countries with which the United States is developing a close 
     or new security relationship.
       (5) Whether the relative speed and complexity of conducting 
     negotiations with a particular country is a discriminator in 
     the decision to deploy forces within the country.
       (6) The appropriate and available funding mechanisms for 
     the establishment, operation, and sustainment of specific 
     Main Operating Bases, Forward Operating Bases, or Cooperative 
     Security Locations.
       (7) The effect on military quality of life of the 
     unaccompanied deployment of units to new facilities in 
     overseas locations.
       (8) Other criteria as Secretary of Defense determines 
     appropriate.
       (b) Analysis of Alternatives to Basing or Operating 
     Locations.--The Secretary of Defense, in consultation with 
     the Chairman of the Joint Chiefs of Staff, shall develop a 
     mechanism for analyzing alternatives to any particular 
     overseas basing or operating location. Such a mechanism shall 
     incorporate the factors specified in each of paragraphs (1) 
     through (5) of subsection (a).
       (c) Minimal Infrastructure Requirements for Overseas 
     Installations.-- The Secretary of Defense shall develop a 
     description of minimal infrastructure requirements for each 
     of the following types of facilities:
       (1) Facilities categorized as Main Operating Bases.
       (2) Facilities categorized as Forward Operating Bases.
       (3) Facilities categorized as Cooperative Security 
     Locations.
       (d) Notification Required.--Not later than 30 days after an 
     agreement is entered into between the United States and a 
     foreign country to support the deployment of elements of the 
     United States Armed Forces in that country, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a written notification of such agreement. The notification 
     under this subsection shall include the terms of the 
     agreement, any costs to the United States resulting from the 
     agreement, and a timeline to carry out the terms of the 
     agreement.
       (e) Annual Budget Element.--The Secretary of Defense shall 
     submit to Congress, as an element of the annual budget 
     request of the Secretary, information regarding the funding 
     sources for the establishment, operation, and sustainment of 
     individual Main Operating Bases, Forward Operating Bases, or 
     Cooperative Security Locations.
       (f) Report.--Not later than March 30, 2006, the Secretary 
     of Defense shall submit to Congress a report on the matters 
     specified in subsections (a) through (c).

     SEC. 1234. THE UNITED STATES-CHINA ECONOMIC SECURITY REVIEW 
                   COMMISSION.

       (a) Findings.--Congress finds the following:
       (1) The 2004 Report to Congress of the United States-China 
     Economic and Security Review Commission states that--
       (A) China's State-Owned Enterprises (SOEs) lack adequate 
     disclosure standards, which creates the potential for United 
     States investors to unwittingly contribute to enterprises 
     that are involved in activities harmful to United States 
     security interests;
       (B) United States influence and vital long-term interests 
     in Asia are being challenged by China's robust regional 
     economic engagement and diplomacy;
       (C) the assistance of China and North Korea to global 
     ballistic missile proliferation is extensive and ongoing;
       (D) China's transfers of technology and components for 
     weapons of mass destruction (WMD) and their delivery systems 
     to countries of concern, including countries that support 
     acts of international terrorism, have helped create a new 
     tier of countries with the capability to produce WMD and 
     ballistic missiles;
       (E) the removal of the European Union arms embargo against 
     China that is currently under consideration in the European 
     Union would accelerate weapons modernization and dramatically 
     enhance Chinese military capabilities;
       (F) China is developing a leading-edge military with the 
     objective of intimidating Taiwan and deterring United States 
     involvement in the Taiwan Strait, and China's qualitative and 
     quantitative military advancements have already resulted in a 
     dramatic shift in the cross-Strait military balance toward 
     China; and
       (G) China's growing energy needs are driving China into 
     bilateral arrangements that undermine multilateral efforts to 
     stabilize oil supplies and prices, and in some cases may 
     involve dangerous weapons transfers.
       (2) On March 14, 2005, the National People's Congress 
     approved a law that would authorize the use of force if 
     Taiwan formally declares independence.
       (b) Sense of Congress for Comprehensive Strategy.--It is 
     the sense of Congress that the President should present to 
     Congress quickly a comprehensive strategy to--
       (1) address the emergence of China economically, 
     diplomatically, and militarily;
       (2) promote mutually beneficial trade relations with China; 
     and
       (3) encourage China's adherence to international norms in 
     the areas of trade, international security, and human rights.
       (c) Contents of Strategy.--The strategy referred to in 
     subsection (b) should address the following:
       (1) Actions to address China's policy of undervaluing its 
     currency, including--
       (A) encouraging China to continue to upwardly revalue the 
     Chinese yuan against the United States dollar;
       (B) allowing the yuan to float against a trade-weighted 
     basket of currencies; and
       (C) concurrently encouraging United States trading partners 
     with similar interests to join in these efforts.
       (2) Actions to make better use of the World Trade 
     Organization (WTO) dispute settlement mechanism and 
     applicable United States trade laws to redress China's trade 
     practices, including--
       (A) exchange rate manipulation;
       (B) denial of trading and distribution rights;
       (C) insufficient intellectual property rights protection;
       (D) objectionable labor standards;
       (E) subsidization of exports; and
       (F) forced technology transfers as a condition of doing 
     business.
       (3) The United States Trade Representative should consult 
     with United States trading partners regarding any trade 
     dispute with China.
       (4) Actions to encourage United States diplomatic efforts 
     to identify and pursue initiatives to revitalize United 
     States engagement in East Asia. The initiatives should have a 
     regional focus and complement bilateral efforts. The Asia-
     Pacific Economic Cooperation forum (APEC) offers a ready 
     mechanism for pursuit of such initiatives.
       (5) Actions by the administration to work with China to 
     prevent proliferation of prohibited

[[Page H12833]]

     technologies and to secure China's agreement to renew efforts 
     to curtail commercial export by North Korea of ballistic 
     missiles.
       (6) Actions by the Secretary of State and the Secretary of 
     Energy to consult with the International Atomic Energy Agency 
     with the objective of upgrading the current loose experience-
     sharing arrangement whereby China engages in some limited 
     exchanges with the organization to a more structured 
     arrangement.
       (7) Actions by the administration to develop a coordinated, 
     comprehensive national policy and strategy designed to 
     maintain United States scientific and technological 
     leadership and competitiveness, in light of the rise of China 
     and the challenges of globalization.
       (8) Actions to review laws and regulations governing the 
     Committee on Foreign Investment in the United States (CFIUS), 
     including exploring whether the definition of national 
     security should include the potential impact on national 
     economic security as a criterion to be reviewed, and whether 
     the chairmanship of CFIUS should be transferred from the 
     Secretary of the Treasury to a more appropriate executive 
     branch agency.
       (9) Actions by the President and the Secretary of State and 
     Secretary of Defense to press strongly their counterparts in 
     the European Union and its member states to maintain and 
     strengthen the embargo on selling arms to China.
       (10) Actions by the administration to discourage foreign 
     defense contractors from selling sensitive military-use 
     technology or weapons systems to China.
  TITLE XIII--COOPERATIVE THREAT REDUCTION WITH STATES OF THE FORMER 
                              SOVIET UNION
Sec. 1301.  Specification of Cooperative Threat Reduction programs and 
              funds.
Sec. 1302.  Funding allocations.
Sec. 1303.  Permanent waiver of restrictions on use of funds for threat 
              reduction in states of the former Soviet Union.
Sec. 1304.  Report on elimination of impediments to threat-reduction 
              and nonproliferation programs in the former Soviet Union.
Sec. 1305.  Repeal of requirement for annual Comptroller General 
              assessment of annual Department of Defense report on 
              activities and assistance under Cooperative Threat 
              Reduction programs.

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

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

     SEC. 1302. FUNDING ALLOCATIONS.

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

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

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

     SEC. 1304. REPORT ON ELIMINATION OF IMPEDIMENTS TO THREAT-
                   REDUCTION AND NONPROLIFERATION PROGRAMS IN THE 
                   FORMER SOVIET UNION.

       Not later than November 1, 2006, the President shall submit 
     to Congress a report on impediments to the effective conduct 
     of Cooperative Threat Reduction programs and related threat 
     reduction and nonproliferation programs and activities in the 
     states of the former Soviet Union. The report shall--
       (1) identify the impediments to the rapid, efficient, and 
     effective conduct of programs and activities of the 
     Department of Defense, the Department of State, and the 
     Department of Energy, including issues relating to access to 
     sites, liability, and taxation; and
       (2) describe the plans of the United States to overcome or 
     ameliorate such impediments, including an identification and 
     discussion of new models and approaches that might be used to 
     develop new relationships with entities in the states of the 
     former Soviet Union capable of assisting in removing or 
     ameliorating those impediments, and any congressional action 
     that may be necessary for that purpose.

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

       Section 1308 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-341) is amended by 
     striking subsection (e).
                TITLE XIV--MATTERS RELATING TO DETAINEES
Sec. 1401. Short title
Sec. 1402. Uniform standards for the interrogation of persons under the 
              detention of the Department of Defense
Sec. 1403. Prohibition on cruel, inhuman, or degrading treatment or 
              punishment of persons under custody or control of the 
              United States Government
Sec. 1404. Protection of United States Government personnel engaged in 
              authorized interrogations
Sec. 1405. Procedures for status review of detainees outside the United 
              States
Sec. 1406. Training of Iraqi security forces regarding treatment of 
              detainees

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``Detainee Treatment Act of 
     2005''.

     SEC. 1402. UNIFORM STANDARDS FOR THE INTERROGATION OF PERSONS 
                   UNDER THE DETENTION OF THE DEPARTMENT OF 
                   DEFENSE.

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

     SEC. 1403. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING 
                   TREATMENT OR PUNISHMENT OF PERSONS UNDER 
                   CUSTODY OR CONTROL OF THE UNITED STATES 
                   GOVERNMENT.

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

[[Page H12834]]

     Amendments to the Constitution of the United States, as 
     defined in the United States Reservations, Declarations and 
     Understandings to the United Nations Convention Against 
     Torture and Other Forms of Cruel, Inhuman or Degrading 
     Treatment or Punishment done at New York, December 10, 1984.

     SEC. 1404. PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL 
                   ENGAGED IN AUTHORIZED INTERROGATIONS.

       (a) Protection of United States Government Personnel.--In 
     any civil action or criminal prosecution against an officer, 
     employee, member of the Armed Forces, or other agent of the 
     United States Government who is a United States person, 
     arising out of the officer, employee, member of the Armed 
     Forces, or other agent's engaging in specific operational 
     practices, that involve detention and interrogation of aliens 
     who the President or his designees have determined are 
     believed to be engaged in or associated with international 
     terrorist activity that poses a serious, continuing threat to 
     the United States, its interests, or its allies, and that 
     were officially authorized and determined to be lawful at the 
     time that they were conducted, it shall be a defense that 
     such officer, employee, member of the Armed Forces, or other 
     agent did not know that the practices were unlawful and a 
     person of ordinary sense and understanding would not know the 
     practices were unlawful. Good faith reliance on advice of 
     counsel should be an important factor, among others, to 
     consider in assessing whether a person of ordinary sense and 
     understanding would have known the practices to be unlawful. 
     Nothing in this section shall be construed to limit or 
     extinguish any defense or protection otherwise available to 
     any person or entity from suit, civil or criminal liability, 
     or damages, or to provide immunity from prosecution for any 
     criminal offense by the proper authorities.
       (b) Counsel.--The United States Government may provide or 
     employ counsel, and pay counsel fees, court costs, bail, and 
     other expenses incident to the representation of an officer, 
     employee, member of the Armed Forces, or other agent 
     described in subsection (a), with respect to any civil action 
     or criminal prosecution arising out of practices described in 
     that subsection, under the same conditions, and to the same 
     extent, to which such services and payments are authorized 
     under section 1037 of title 10, United States Code.

     SEC. 1405. PROCEDURES FOR STATUS REVIEW OF DETAINEES OUTSIDE 
                   THE UNITED STATES.

       (a) Submittal of Procedures for Status Review of Detainees 
     at Guantanamo Bay, Cuba, and in Afghanistan and Iraq.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committee on Armed Services and the Committee 
     on the Judiciary of the Senate and the Committee on Armed 
     Services and the Committee on the Judiciary of the House of 
     Representatives a report setting forth--
       (A) the procedures of the Combatant Status Review Tribunals 
     and the Administrative Review Boards established by direction 
     of the Secretary of Defense that are in operation at 
     Guantanamo Bay, Cuba, for determining the status of the 
     detainees held at Guantanamo Bay or to provide an annual 
     review to determine the need to continue to detain an alien 
     who is a detainee; and
       (B) the procedures in operation in Afghanistan and Iraq for 
     a determination of the status of aliens detained in the 
     custody or under the physical control of the Department of 
     Defense in those countries.
       (2) Designated civilian official.--The procedures submitted 
     to Congress pursuant to paragraph (1)(A) shall ensure that 
     the official of the Department of Defense who is designated 
     by the President or Secretary of Defense to be the final 
     review authority within the Department of Defense with 
     respect to decisions of any such tribunal or board (referred 
     to as the ``Designated Civilian Official'') shall be a 
     civilian officer of the Department of Defense holding an 
     office to which appointments are required by law to be made 
     by the President, by and with the advice and consent of the 
     Senate.
       (3) Consideration of new evidence.--The procedures 
     submitted under paragraph (1)(A) shall provide for periodic 
     review of any new evidence that may become available relating 
     to the enemy combatant status of a detainee.
       (b) Consideration of Statements Derived With Coercion.--
       (1) Assessment.--The procedures submitted to Congress 
     pursuant to subsection (a)(1)(A) shall ensure that a 
     Combatant Status Review Tribunal or Administrative Review 
     Board, or any similar or successor administrative tribunal or 
     board, in making a determination of status or disposition of 
     any detainee under such procedures, shall, to the extent 
     practicable, assess--
       (A) whether any statement derived from or relating to such 
     detainee was obtained as a result of coercion; and
       (B) the probative value, if any, of any such statement.
       (2) Applicability.--Paragraph (1) applies with respect to 
     any proceeding beginning on or after the date of the 
     enactment of this Act.
       (c) Report on Modification of Procedures.--The Secretary of 
     Defense shall submit to the committees specified in 
     subsection (a)(1) a report on any modification of the 
     procedures submitted under subsection (a). Any such report 
     shall be submitted not later than 60 days before the date on 
     which such modification goes into effect.
       (d) Annual Report.--
       (1) Report required.--The Secretary of Defense shall submit 
     to Congress an annual report on the annual review process for 
     aliens in the custody of the Department of Defense outside 
     the United States. Each such report shall be submitted in 
     unclassified form, with a classified annex, if necessary. The 
     report shall be submitted not later than December 31 each 
     year.
       (2) Elements of report.--Each such report shall include the 
     following with respect to the year covered by the report:
       (A) The number of detainees whose status was reviewed.
       (B) The procedures used at each location.
       (e) Judicial Review of Detention of Enemy Combatants.--
       (1) In general.--Section 2241 of title 28, United States 
     Code, is amended by adding at the end the following:
       ``(e) Except as provided in section 1405 of the Detainee 
     Treatment Act of 2005, no court, justice, or judge shall have 
     jurisdiction to hear or consider--
       ``(1) an application for a writ of habeas corpus filed by 
     or on behalf of an alien detained by the Department of 
     Defense at Guantanamo Bay, Cuba; or
       ``(2) any other action against the United States or its 
     agents relating to any aspect of the detention by the 
     Department of Defense of an alien at Guantanamo Bay, Cuba, 
     who--
       ``(A) is currently in military custody; or
       ``(B) has been determined by the United States Court of 
     Appeals for the District of Columbia Circuit in accordance 
     with the procedures set forth in section 1405(e) of the 
     Detainee Treatment Act of 2005 to have been properly detained 
     as an enemy combatant.''.
       (2) Review of decisions of combatant status review 
     tribunals of propriety of detention.--
       (A) In general.--Subject to subparagraphs (B), (C), and 
     (D), the United States Court of Appeals for the District of 
     Columbia Circuit shall have exclusive jurisdiction to 
     determine the validity of any final decision of a Combatant 
     Status Review Tribunal that an alien is properly detained as 
     an enemy combatant.
       (B) Limitation on claims.--The jurisdiction of the United 
     States Court of Appeals for the District of Columbia Circuit 
     under this paragraph shall be limited to claims brought by or 
     on behalf of an alien--
       (i) who is, at the time a request for review by such court 
     is filed, detained by the Department of Defense at Guantanamo 
     Bay, Cuba; and
       (ii) for whom a Combatant Status Review Tribunal has been 
     conducted, pursuant to applicable procedures specified by the 
     Secretary of Defense.
       (C) Scope of review.--The jurisdiction of the United States 
     Court of Appeals for the District of Columbia Circuit on any 
     claims with respect to an alien under this paragraph shall be 
     limited to the consideration of--
       (i) whether the status determination of the Combatant 
     Status Review Tribunal with regard to such alien was 
     consistent with the standards and procedures specified by the 
     Secretary of Defense for Combatant Status Review Tribunals 
     (including the requirement that the conclusion of the 
     Tribunal be supported by a preponderance of the evidence and 
     allowing a rebuttable presumption in favor the Government's 
     evidence); and
       (ii) to the extent the Constitution and laws of the United 
     States are applicable, whether the use of such standards and 
     procedures to make the determination is consistent with the 
     Constitution and laws of the United States.
       (D) Termination on release from custody.--The jurisdiction 
     of the United States Court of Appeals for the District of 
     Columbia Circuit with respect to the claims of an alien under 
     this paragraph shall cease upon the release of such alien 
     from the custody of the Department of Defense.
       (3) Review of final decisions of military commissions.--
       (A) In general.--Subject to subparagraphs (B), (C), and 
     (D), the United States Court of Appeals for the District of 
     Columbia Circuit shall have exclusive jurisdiction to 
     determine the validity of any final decision rendered 
     pursuant to Military Commission Order No. 1, dated August 31, 
     2005 (or any successor military order).
       (B) Grant of review.--Review under this paragraph--
       (i) with respect to a capital case or a case in which the 
     alien was sentenced to a term of imprisonment of 10 years or 
     more, shall be as of right; or
       (ii) with respect to any other case, shall be at the 
     discretion of the United States Court of Appeals for the 
     District of Columbia Circuit.
       (C) Limitation on appeals.--The jurisdiction of the United 
     States Court of Appeals for the District of Columbia Circuit 
     under this paragraph shall be limited to an appeal brought by 
     or on behalf of an alien--
       (i) who was, at the time of the proceedings pursuant to the 
     military order referred to in subparagraph (A), detained by 
     the Department of Defense at Guantanamo Bay, Cuba; and
       (ii) for whom a final decision has been rendered pursuant 
     to such military order.
       (D) Scope of review.--The jurisdiction of the United States 
     Court of Appeals for the District of Columbia Circuit on an 
     appeal of a final decision with respect to an alien under 
     this paragraph shall be limited to the consideration of--
       (i) whether the final decision was consistent with the 
     standards and procedures specified in the military order 
     referred to in subparagraph (A); and
       (ii) to the extent the Constitution and laws of the United 
     States are applicable, whether the use of such standards and 
     procedures to reach the final decision is consistent with the 
     Constitution and laws of the United States.
       (4) Respondent.--The Secretary of Defense shall be the 
     named respondent in any appeal to the United States Court of 
     Appeals for the District of Columbia Circuit under this 
     subsection.
       (f) Construction.--Nothing in this section shall be 
     construed to confer any constitutional right on an alien 
     detained as an enemy combatant outside the United States.

[[Page H12835]]

       (g) United States Defined.--For purposes of this section, 
     the term ``United States'', when used in a geographic sense, 
     is as defined in section 101(a)(38) of the Immigration and 
     Nationality Act and, in particular, does not include the 
     United States Naval Station, Guantanamo Bay, Cuba.
       (h) Effective Date.--
       (1) In general.--This section shall take effect on the date 
     of the enactment of this Act.
       (2) Review of combatant status tribunal and military 
     commission decisions.--Paragraphs (2) and (3) of subsection 
     (e) shall apply with respect to any claim whose review is 
     governed by one of such paragraphs and that is pending on or 
     after the date of the enactment of this Act.

     SEC. 1406. TRAINING OF IRAQI SECURITY FORCES REGARDING 
                   TREATMENT OF DETAINEES.

       (a) Required Policies.--
       (1) In general.--The Secretary of Defense shall prescribe 
     policies designed to ensure that all military and civilian 
     Department of Defense personnel or contractor personnel of 
     the Department of Defense responsible for the training of any 
     unit of the Iraqi Security Forces provide training to such 
     units regarding the international obligations and laws 
     applicable to the humane treatment of detainees, including 
     protections afforded under the Geneva Conventions and the 
     Convention Against Torture.
       (2) Acknowledgment of training.--The Secretary shall ensure 
     that, for all personnel of the Iraqi Security Forces who are 
     provided training referred to in paragraph (1), there is 
     documented acknowledgment that such training has been 
     provided.
       (3) Deadline for policies to be prescribed.--The policies 
     required by paragraph (1) shall be prescribed not later than 
     180 days after the date of the enactment of this Act.
       (b) Army Field Manual.--
       (1) Translation.--The Secretary of Defense shall provide 
     for the unclassified portions of the United States Army Field 
     Manual on Intelligence Interrogation to be translated into 
     Arabic and any other language the Secretary determines 
     appropriate for use by members of the Iraqi security forces.
       (2) Distribution.--The Secretary of Defense shall provide 
     for such manual, as translated, to be distributed to all 
     appropriate officials of the Iraqi Government, including, but 
     not limited to, the Iraqi Minister of Defense, the Iraqi 
     Minister of Interior, senior Iraqi military personnel, and 
     appropriate members of the Iraqi Security Forces with a 
     recommendation that the principles that underlay the manual 
     be adopted by the Iraqis as the basis for their policies on 
     interrogation of detainees.
       (c) Transmittal to Congressional Committees.--Not less than 
     30 days after the date on which policies are first prescribed 
     under subsection (a), the Secretary of Defense shall submit 
     to the Committee on Armed Services of the Senate and the 
     Committee on Armed Services of the House of Representatives 
     copies of such regulations, policies, or orders, together 
     with a report on steps taken to the date of the report to 
     implement this section.
       (d) Annual Report.--Not less than one year after the date 
     of the enactment of this Act, and annually thereafter, the 
     Secretary of Defense shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a report on the implementation 
     of this section.
  TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI 
                 FREEDOM AND OPERATION ENDURING FREEDOM
Sec. 1501. Purpose.
Sec. 1502. Army procurement.
Sec. 1503. Navy and Marine Corps procurement.
Sec. 1504. Air Force procurement.
Sec. 1505. Defense-wide activities procurement.
Sec. 1506. Research, development, test and evaluation.
Sec. 1507. Operation and maintenance.
Sec. 1508. Defense Working Capital Fund.
Sec. 1509. Defense Health Program.
Sec. 1510. Military personnel.
Sec. 1511. Iraq Freedom Fund.
Sec. 1512. Treatment as additional authorizations.
Sec. 1513. Transfer authority.
Sec. 1514. Availability of funds.

     SEC. 1501. PURPOSE.

       The purpose of this title is to authorize emergency 
     supplemental appropriations for the Department of Defense for 
     fiscal year 2006 to provide funds for additional costs due to 
     Operation Iraqi Freedom and Operation Enduring Freedom 
     pursuant to section 402 of H.Con.Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.

     SEC. 1502. ARMY PROCUREMENT.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal year 2006 for procurement accounts of 
     the Army in amounts as follows:
       (1) For aircraft, $40,600,000.
       (2) For ammunition, $109,500,000.
       (3) For weapons and tracked combat vehicles, $485,499,000.
       (4) For other procurement, $1,659,800,000.
       (b) Availability of Certain Amounts for Up-Armored Wheeled 
     Vehicles.--
       (1) Availability.--Of the amount authorized to be 
     appropriated by subsection (a)(4), $240,000,000 shall be 
     available for the procurement of up-armored high mobility 
     multipurpose wheeled vehicles (UAHs), including vehicles in 
     the M1114, M1151, and M1152 configurations.
       (2) Allocation of funds.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     of the Army shall allocate the manner in which amounts 
     available under paragraph (1) shall be available for purposes 
     specified in that paragraph.
       (B) Limitation.--Amounts available under paragraph (1) may 
     not be allocated under subparagraph (A) until the Secretary 
     certifies to the congressional defense committees that the 
     Army has a validated requirement for procurement for a 
     purpose specified in paragraph (1) based on a statement of 
     urgent needs from a commander of a combatant command.
       (C) Reports.--Not later than 15 days after an allocation of 
     funds is made under subparagraph (A), the Secretary shall 
     submit to the congressional defense committees a report 
     describing such allocation of funds.
       (c) Availability of Certain Amounts for Tactical Wheeled 
     Vehicle Armoring Programs.--
       (1) Availability.--Of the amount authorized to be 
     appropriated by subsection (a)(4), $150,000,000 shall be 
     available for units deployed in Iraq and Afghanistan, as 
     follows:
       (A) Procurement of up-armored Light Tactical Wheeled 
     Vehicles (LTVs) or add-on armor kits for Light Tactical 
     Wheeled Vehicles.
       (B) Procurement of add-on armor kits for Medium Tactical 
     Wheeled Vehicles (MTVs), including Low Signature Armored Cabs 
     for the family of Medium Tactical Wheeled Vehicles.
       (C) Procurement of add-on armor kits for Heavy Tactical 
     Wheeled Vehicles (HTVs).
       (2) Allocation of funds.--To the extent the Secretary of 
     the Army determines that such amount is not needed for the 
     procurement of such armored Tactical Wheeled Vehicles for 
     units deployed in Iraq and Afghanistan under paragraph (1), 
     the Secretary shall use the amounts remaining for the 
     procurement of such armored vehicles in accordance with other 
     priorities of the Army.

     SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

       (a) Navy.--Funds are hereby authorized to be appropriated 
     for fiscal year 2006 for procurement accounts for the Navy in 
     amounts as follows:
       (1) For aircraft procurement, $15,000,000.
       (2) For weapons procurement, $56,700,000.
       (b) Marine Corps.--Funds are hereby authorized to be 
     appropriated for fiscal year 2006 for the procurement account 
     for the Marine Corps in the amount of $644,400,000.
       (c) Navy and Marine Corps Ammunition.--Funds are hereby 
     authorized to be appropriated for fiscal year 2006 for the 
     procurement account for ammunition for the Navy and the 
     Marine Corps in the amount of $147,921,000.
       (d) Availability of Certain Amounts.--
       (1) Availability.--Of the amount authorized to be 
     appropriated by subsection (b), $200,000,000 shall be 
     available for the procurement of up-armored high mobility 
     multipurpose wheeled vehicles (UAHs), including vehicles in 
     the M1114, M1151, and M1152 configurations.
       (2) Allocation of funds.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     of the Navy shall allocate the manner in which amounts 
     available under paragraph (1) shall be available for the 
     purposes specified in that paragraph.
       (B) Limitation.--Amounts available under paragraph (1) may 
     not be allocated under subparagraph (A) until the Secretary 
     certifies to the congressional defense committees that the 
     Marine Corps has a validated requirement for procurement for 
     a purpose specified in paragraph (1) based on a statement of 
     urgent needs from a commander of a combatant command.
       (C) Reports.--Not later than 15 days after an allocation of 
     funds is made under subparagraph (A), the Secretary shall 
     submit to the congressional defense committees a report 
     describing such allocation of funds.

     SEC. 1504. AIR FORCE PROCUREMENT.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the aircraft procurement accounts for the Air 
     Force in the amount of $214,000,000.

     SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

        Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the procurement account for Defense-wide in the 
     amount of $103,900,000.

     SEC. 1506. RESEARCH, DEVELOPMENT, TEST AND EVALUATION.

        Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the use of the Department of Defense for 
     research, development, test and evaluation as follows:
       (1) For the Army, $8,700,000.
       (2) For Defense-wide activities, $75,000,000.

     SEC. 1507. OPERATION AND MAINTENANCE.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the use of the Armed Forces for expenses, not 
     otherwise provided for, for operation and maintenance, in 
     amounts as follows:
       (1) For the Army, $19,828,180,000.
       (2) For the Navy, $1,658,000,000.
       (3) For the Marine Corps, $1,588,250,000.
       (4) For the Air Force, $2,404,190,000.
       (5) For Defense-wide activities, $1,778,397,000.
       (6) For the Army Reserve, $44,400,000.
       (7) For the Naval Reserve, $9,400,000.
       (8) For the Marine Corps Reserve, $4,000,000.
       (9) For the Air Force Reserve, $7,000,000.
       (10) For the Army National Guard, $196,300,000.
       (11) For the Air National Guard, $13,400,000.

     SEC. 1508. DEFENSE WORKING CAPITAL FUND.

        Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the Defense Working Capital Fund in the amount 
     of $1,700,000,000.

     SEC. 1509. DEFENSE HEALTH PROGRAM.

       Funds are hereby authorized to be appropriated for the 
     Department of Defense for fiscal year 2006 for expenses, not 
     otherwise provided for, the Defense Health Program, in the 
     amount of $178,415,000 for operation and maintenance.

     SEC. 1510. MILITARY PERSONNEL.

        There is hereby authorized to be appropriated to the 
     Department of Defense for military personnel accounts for 
     fiscal year 2006 a total of $11,788,323,000.

[[Page H12836]]

     SEC. 1511. IRAQ FREEDOM FUND.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal year 2006 for the Iraq Freedom Fund 
     in the amount of $5,240,725,000.
       (b) Limitation on Availability of Certain Amount.--Of the 
     amount authorized to be appropriated by subsection (a), 
     $1,000,000,000 shall be available only for support of 
     activities of the Joint Improvised Explosive Device Task 
     Force.
       (c) Classified Programs.--Of the amount authorized to be 
     appropriated by subsection (a), $2,500,000,000 shall be 
     available only for classified programs.
       (d) Transfer.--
       (1) Transfer authorized.--Subject to paragraph (2), amounts 
     authorized to be appropriated by subsection (a) may be 
     transferred from the Iraq Freedom Fund to any accounts as 
     follows:
       (A) Operation and maintenance accounts of the Armed Forces.
       (B) Military personnel accounts.
       (C) Research, development, test, and evaluation accounts of 
     the Department of Defense.
       (D) Procurement accounts of the Department of Defense.
       (E) Accounts providing funding for classified programs.
       (F) The operating expenses account of the Coast Guard.
       (2) Notice to congress.--A transfer may not be made under 
     the authority in paragraph (1) until five days after the date 
     on which the Secretary of Defense notifies the congressional 
     defense committees in writing of the transfer.
       (3) Treatment of transferred funds.--Amounts transferred to 
     an account under the authority in paragraph (1) shall be 
     merged with amounts in such account and shall be made 
     available for the same purposes, and subject to the same 
     conditions and limitations, as amounts in such account.
       (4) Effect on authorization amounts.--A transfer of an 
     amount to an account under the authority in paragraph (1) 
     shall be deemed to increase the amount authorized for such 
     account by an amount equal to the amount transferred.

     SEC. 1512. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

       The amounts authorized to be appropriated by this title are 
     in addition to amounts otherwise authorized to be 
     appropriated by this Act.

     SEC. 1513. TRANSFER AUTHORITY.

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

     SEC. 1514. AVAILABILITY OF FUNDS.

       Funds in this title shall be made available for obligation 
     to the Army, Navy, Marine Corps, Air Force, and Defense-wide 
     components by the end of the second quarter of fiscal year 
     2006.
            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

     SEC. 2001. SHORT TITLE.

       This division may be cited as the ``Military Construction 
     Authorization Act for Fiscal Year 2006''.
                            TITLE XXI--ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 
              2004 project.

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

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

                                         Army: Inside the United States
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................  Anniston Army Depot...............................        $3,150,000
                                            Fort Rucker.......................................        $9,700,000
                                            Redstone Arsenal..................................       $25,100,000
Alaska....................................  Fort Richardson...................................        $4,700,000
                                            Fort Wainwright...................................       $44,660,000
Arizona...................................  Fort Huachuca.....................................        $5,100,000
                                            Yuma Proving Ground...............................        $8,100,000
California................................  Concord Naval Weapons Station.....................       $11,850,000
                                            Fort Irwin........................................       $21,250,000
Colorado..................................  Fort Carson.......................................       $72,822,000
Georgia...................................  Fort Benning......................................       $30,261,000
                                            Fort Gillem.......................................        $3,900,000
                                            Fort Gordon.......................................        $4,550,000
                                            Fort Stewart/Hunter Army Air Field................       $57,980,000
Hawaii....................................  Pohakuloa Training Area...........................       $60,300,000
                                            Schofield Barracks................................       $53,900,000
Illinois..................................  Rock Island Arsenal...............................        $7,400,000
Indiana...................................  Crane Army Ammunition Activity....................        $5,700,000
Kansas....................................  Fort Riley........................................       $33,900,000
Kentucky..................................  Fort Campbell.....................................      $116,475,000
                                            Fort Knox.........................................        $4,600,000
Louisiana.................................  Fort Polk.........................................       $28,887,000
Missouri..................................  Fort Leonard Wood.................................       $23,500,000
New Jersey................................  Picatinny Arsenal.................................        $4,450,000
New York..................................  Fort Drum.........................................       $73,350,000
                                            United States Military Academy, West Point........        $7,500,000
North Carolina............................  Fort Bragg........................................      $301,250,000
Ohio......................................  Joint Systems Manufacturing Center, Lima..........       $11,600,000
Oklahoma..................................  Fort Sill.........................................        $5,850,000

[[Page H12837]]

 
                                            McAlester Army Ammunition Plant...................        $5,400,000
Pennsylvania..............................  Letterkenny Depot.................................        $6,300,000
South Carolina............................  Fort Jackson......................................        $1,600,000
Texas.....................................  Fort Bliss........................................        $5,000,000
                                            Fort Hood.........................................       $64,488,000
                                            Fort Sam Houston..................................        $7,000,000
Utah......................................  Dugway Proving Ground.............................       $25,000,000
Virginia..................................  Fort A.P. Hill....................................        $2,700,000
                                            Fort Belvoir......................................       $18,000,000
                                            Fort Eustis.......................................        $3,100,000
                                            Fort Lee..........................................        $3,900,000
                                            Fort Myer.........................................       $15,200,000
Washington................................  Fort Lewis........................................       $99,949,000
----------------------------------------------------------------------------------------------------------------

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

                     Army: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Germany......................  Grafenwoehr..............     $84,081,000
Italy........................  Pisa.....................      $5,254,000
Korea........................  Camp Humphreys...........    $105,162,000
                               Yongpyong................      $1,450,000
------------------------------------------------------------------------

       (c) Unspecified Worldwide.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(3), the Secretary of the Army may acquire real 
     property and carry out military construction projects for 
     unspecified installations or locations in the amount set 
     forth in the following table:

                       Army: Unspecified Worldwide
------------------------------------------------------------------------
           Location             Installation or Location      Amount
------------------------------------------------------------------------
                               Unspecified Worldwide....     $50,000,000
------------------------------------------------------------------------

     SEC. 2102. FAMILY HOUSING.

       (a) Construction and Acquisition.--Using amounts 
     appropriated pursuant to the authorization of appropriations 
     in section 2104(a)(6)(A), the Secretary of the Army may 
     construct or acquire family housing units (including land 
     acquisition and supporting facilities) at the installations 
     or locations, in the number of units, and in the amounts set 
     forth in the following table:

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

       (b) Planning and Design.--Using amounts appropriated 
     pursuant to the authorization of appropriations in section 
     2104(a)(6)(A), the Secretary of the Army may carry out 
     architectural and engineering services and construction 
     design activities with respect to the construction or 
     improvement of family housing units in an amount not to 
     exceed $17,536,000.

     SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2104(a)(6)(A), the Secretary of 
     the Army may improve existing military family housing units 
     in an amount not to exceed $300,400,000.

     SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2005, for military construction, land 
     acquisition, and military family housing functions of the 
     Department of the Army in the total amount of $3,128,889,000 
     as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2101(a), $1,111,522,000.
       (2) For military construction projects outside the United 
     States authorized by section 2101(b), $195,947,000.
       (3) For military construction projects at unspecified 
     worldwide locations authorized by section 2101(c), 
     $50,000,000.
       (4) For unspecified minor military construction projects 
     authorized by section 2805 of title 10, United States Code, 
     $24,141,000.

[[Page H12838]]

       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $170,021,000.
       (6) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $549,636,000.
       (B) For support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), $803,993,000.
       (7) For the construction of increment 3 of the Lewis and 
     Clark Instructional Facility at Fort Leavenworth, Kansas, 
     authorized by section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 2004 (division B of Public 
     Law 108-136; 117 Stat. 1697), $42,642,000.
       (8) For the construction of increment 2 of a barracks 
     complex at Vilseck, Germany, authorized by section 2101(b) of 
     the Military Construction Authorization Act for Fiscal Year 
     2004 (division B of Public Law 108-136; 117 Stat. 1698), as 
     amended by section 2105 of this Act, $13,600,000.
       (9) For the construction of increment 2 of the Drum Road 
     upgrade at Helemano Military Reservation, Hawaii, authorized 
     by section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2005 (division B of Public Law 108-375; 
     118 Stat. 2101), $41,000,000.
       (10) For the construction of increment 2 of a vehicle 
     maintenance facility at Schofield Barracks, Hawaii, 
     authorized by section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 2005 (division B of Public 
     Law 108-375; 118 Stat. 2101), $24,656,000.
       (11) For the construction of increment 2 of a barracks 
     complex, at Fort Campbell, Kentucky, authorized by section 
     2101(a) of the Military Construction Authorization Act for 
     Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 
     2101), $24,650,000.
       (12) For the construction of increment 2 of trainee 
     barracks, Basic Training Complex 1 at Fort Knox, Kentucky, 
     authorized by section 2101(a) of the Military Construction 
     Authorization Act of Fiscal Year 2005 (division B of Public 
     Law 108-375; 118 Stat. 2101), $21,000,000.
       (13) For the construction of increment 2 of a library and 
     learning center at the United States Military Academy, West 
     Point, New York, authorized by section 2101(a) of the 
     Military Construction Authorization Act for Fiscal Year 2005 
     (division B of Public Law 108-375; 118 Stat. 2101), 
     $25,470,000.
       (14) For the construction of increment 2 of a barracks 
     complex renewal project at Fort Bragg, North Carolina, 
     authorized by section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 2005 (division B of Public 
     Law 108-375; 118 Stat. 2101), $30,611,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2101 of this Act may not exceed the 
     sum of the following:
       (1) The total amount authorized to be appropriated under 
     paragraphs (1), (2), and (3) of subsection (a).
       (2) $16,500,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks complex for 
     Fort Drum, New York).
       (3) $31,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks complex for 
     the 2nd Brigade at Fort Bragg, North Carolina).
       (4) $50,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks complex for 
     the 3rd Brigade at Fort Bragg, North Carolina).
       (5) $77,400,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks complex for 
     divisional artillery at Fort Bragg, North Carolina).
       (6) $13,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a defense access road for 
     Fort Belvoir, Virginia).
       (c) Conforming Technical Amendment.--Section 2104(a)(8) of 
     the Military Construction Authorization Act for Fiscal Year 
     2005 (division B of Public Law 108-375; 118 Stat. 2103) is 
     amended by striking ``Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2681)'' and inserting ``Fiscal Year 
     2004 (division B of Public Law 108-136; 117 Stat. 1697)''.

     SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2004 PROJECT.

       (a) Modification of Outside the United States Project.--The 
     table in section 2101(b) of the Military Construction 
     Authorization Act for Fiscal Year 2004 (division B of Public 
     Law 108-136; 117 Stat. 1698) is amended--
       (1) in the item relating to Vilseck, Germany, by striking 
     ``$31,000,000'' in the amount column and inserting 
     ``$26,000,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$226,900,000''.
       (b) Conforming Amendment.--Section 2104(b)(6) of that Act 
     (117 Stat. 1700) is amended by striking ``$18,900,000'' and 
     inserting ``$13,900,000''.
                            TITLE XXII--NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 
              2004 project.
Sec. 2206. Modifications of authority to carry out certain fiscal year 
              2005 projects.

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

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

                                         Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
                   State                                 Installation or Location                    Amount
----------------------------------------------------------------------------------------------------------------
Arizona...................................  Marine Corps Air Station, Yuma....................        $3,637,000
California................................  Air-Ground Combat Center, Twentynine Palms........       $24,000,000
                                            Marine Corps Air Station, Camp Pendleton..........        $1,400,000
                                            Marine Corps Air Station, Miramar.................        $5,070,000
                                            Marine Corps Base, Camp Pendleton.................       $90,437,000
                                            Naval Air Station, Lemoore........................        $8,480,000
                                            Naval Air Warfare Center, China Lake..............       $19,158,000
                                            Naval Postgraduate School.........................        $6,500,000
Connecticut...............................  Naval Submarine Base, New London..................        $4,610,000
Florida...................................  Diving&Salvage Training Center, Panama City.......        $9,678,000
                                            Naval Air Station, Jacksonville...................       $88,603,000
                                            Naval Air Station, Pensacola......................        $8,710,000
                                            Naval Station, Mayport............................       $15,220,000
                                            Whiting Field.....................................        $4,670,000
Georgia...................................  Naval Submarine Base, Kings Bay...................        $6,890,000
                                            Marine Corps Logistics Base, Albany...............        $5,840,000
Hawaii....................................  Marine Corps Air Station, Kaneohe Bay.............        $5,700,000
                                            Naval Base, Pearl Harbor..........................       $29,700,000
Illinois..................................  Recruit Training Command, Great Lakes.............      $167,750,000
Indiana                                     Naval Warfare Center, Crane.......................        $8,220,000
Maine                                       Portsmouth Naval Shipyard.........................        $8,100,000
Maryland..................................  Naval Air Warfare Center, Patuxent River..........        $5,800,000
                                            Naval Surface Warfare Center, Indian Head.........        $8,250,000
                                            United States Naval Academy, Annapolis............       $51,720,000
Mississippi                                 Naval Air Station, Meridian.......................       $10,450,000
North Carolina............................  Marine Corps Air Station, Cherry Point............       $29,147,000
                                            Marine Corps Air Station, New River...............        $6,840,000

[[Page H12839]]

 
                                            Marine Corps Base, Camp Lejeune...................       $44,590,000
Pennsylvania..............................  Naval Station Weapons Center, Philadelphia........        $4,780,000
Rhode Island..............................  Naval Station, Newport............................       $15,490,000
South Carolina............................  Marine Corps Air Station, Beaufort................        $1,480,000
Texas.....................................  Naval Air Station, Kingsville.....................       $16,040,000
Virginia..................................  Marine Corps Air Field, Quantico..................       $19,698,000
                                            Marine Corps Base, Quantico.......................       $18,429,000
                                            Naval Air Station, Oceana.........................       $11,680,000
                                            Naval Amphibious Base, Little Creek...............       $36,034,000
                                            Naval Station, Norfolk............................       $32,245,000
                                            Naval Support Activity, Norfolk Naval Shipyard....       $78,788,000
                                            Naval Station Weapons Center, Dahlgren............        $9,960,000
Washington................................  Naval Station, Everett............................       $70,950,000
                                            Naval Submarine Base, Bangor......................       $60,160,000
                                            Naval Air Station, Whidbey Island.................        $4,010,000
----------------------------------------------------------------------------------------------------------------

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

                     Navy: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Guam.........................  Naval Base, Guam.........     $55,473,000
Japan........................  Naval Station, Yokosuka..     $83,010,000
------------------------------------------------------------------------

     SEC. 2202. FAMILY HOUSING.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2204(a)(4)(A), the Secretary of the 
     Navy may construct or acquire family housing units (including 
     land acquisition and supporting facilities) at the 
     installation, in the number of units, and in the amount set 
     forth in the following table:

                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                Location                           Installation                    Units              Amount
----------------------------------------------------------------------------------------------------------------
Guam....................................   Naval Base, Guam..............  126..................     $43,495,000
----------------------------------------------------------------------------------------------------------------

     SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2204(a)(4)(A), the Secretary of 
     the Navy may improve existing military family housing units 
     in an amount not to exceed $178,644,000.

     SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2005, for military construction, land 
     acquisition, and military family housing functions of the 
     Department of the Navy in the total amount of $1,964,743,000, 
     as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2201(a), $837,411,000.
       (2) For military construction projects outside the United 
     States authorized by section 2201(b), $39,584,000.
       (3) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $34,893,000.
       (4) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $218,942,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $588,660,000.
       (5) For the construction of increment 3 of the general 
     purpose berthing pier at Naval Weapons Station, Earle, New 
     Jersey, authorized by section 2201(a) of the Military 
     Construction Authorization Act for Fiscal Year 2004 (division 
     B of Public Law 108-136; 117 Stat. 1704), as amended by 
     section 2205 of this Act, $54,432,000.
       (6) For the construction of increment 3 of pier 11 
     replacement at Naval Station, Norfolk, Virginia, authorized 
     by section 2201(a) of the Military Construction Authorization 
     Act for Fiscal Year 2004 (division B of Public Law 108-136; 
     117 Stat. 1704), $40,200,000.
       (7) For the construction of increment 2 of the apron and 
     hangar recapitalization at Naval Air Facility, El Centro, 
     California, authorized by section 2201(a) of the Military 
     Construction Authorization Act for Fiscal Year 2005 (division 
     B of Public Law 108-375; 118 Stat. 2105), $18,666,000.
       (8) For the construction of increment 2 of the White Side 
     complex, Marine Corps Air Facility, Quantico, Virginia, 
     authorized by section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2005 (division B of Public 
     Law 108-375; 118 Stat. 2105), $34,730,000.
       (9) For the construction of increment 2 of the limited area 
     production and storage complex at Strategic Weapons Facility 
     Pacific, Bangor, Washington, authorized by section 2201(a) of 
     the Military Construction Authorization Act for Fiscal Year 
     2005 (division B of Public Law 108-375; 118 Stat. 2105), as 
     amended by section 2206 of this Act, $47,095,000.
       (10) For the construction of increment 2 of the lab 
     consolidation at Strategic Weapons Facility Pacific, Bangor, 
     Washington authorized by section 2201(a) of the Military 
     Construction Authorization Act for Fiscal Year 2005 (division 
     B of Public Law 108-375; 118 Stat. 2105), as amended by 
     section 2206 of this Act, $9,430,000.
       (11) For the construction of increment 2 of the 
     presidential helicopter programs support facility at Naval 
     Air Warfare Center, Patuxent River, Maryland, authorized by 
     section 2201(a) of the Military Construction Authorization 
     Act for Fiscal Year 2005 (division B of Public Law 108-375; 
     118 Stat. 2105), as amended by section 2206 of this Act, 
     $40,700,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2201 of this Act may not exceed the 
     sum of the following:
       (1) The total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a).
       (2) $37,721,000 (the balance of the amount authorized under 
     section 2201(a) for a reclamation and conveyance project for 
     Marine Corps Base, Camp Pendleton, California).
       (3) $43,424,000 (the balance of the amount authorized under 
     section 2201(a) for a helicopter hangar replacement at Naval 
     Air Station, Jacksonville, Florida).
       (4) $45,850,000 (the balance of the amount authorized under 
     section 2201(a) for infrastructure upgrades to Recruit 
     Training Command, Great Lakes, Illinois).
       (5) $26,790,000 (the balance of the amount authorized under 
     section 2201(a) for construction

[[Page H12840]]

     of a field house at United States Naval Academy, Annapolis, 
     Maryland).
       (6) $31,059,000 (the balance of the amount authorized under 
     section 2201(a) for replacement of Ship Repair Pier 3 at 
     Naval Support Activity, Norfolk Naval Shipyard, Virginia).
       (7) $10,159,000 (the balance of the amount authorized under 
     section 2201(a) for an addition to Hockmuth Hall, Marine 
     Corps Base, Quantico, Virginia).
       (8) $21,000,000 (the balance of the amount authorized under 
     section 2201(a) for construction of bachelor quarters for 
     Naval Station, Everett, Washington).
       (9) $29,889,000 (the balance of the amount authorized under 
     section 2201(b) for wharf upgrades at Naval Base, Guam).
       (10) $69,100,000 (the balance of the amount authorized 
     under section 2201(b) for wharf upgrades at Naval Station, 
     Yokosuka, Japan).

     SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2004 PROJECT.

       (a) Modification of Inside the United States Project.--The 
     table in section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2004 (division B of Public 
     Law 108-136; 117 Stat. 1703) is amended--
       (1) in the item relating to Naval Weapons Station, Earle, 
     New Jersey, by striking ``$123,720,000'' in the amount column 
     and inserting ``$140,372,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$1,352,524,000''.
       (b) Conforming Amendment.--Section 2204(b)(4) of that Act 
     (117 Stat. 1706) is amended by striking ``$96,980,000'' and 
     inserting ``$113,632,000''.

     SEC. 2206. MODIFICATIONS OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2005 PROJECTS.

       (a) Modification of Inside the United States Projects.--
     Section 2201 of the Military Construction Authorization Act 
     for Fiscal Year 2005 (division B of Public Law 108-375; 118 
     Stat. 2105) is amended--
       (1) in the table in subsection (a)--
       (A) below the item relating to Naval Surface Warfare 
     Center, Indian Head, Maryland, by inserting ``Naval Air 
     Warfare Center, Patuxent River'' in the installation column 
     and ``$95,200,000'' in the amount column;
       (B) in the item relating to Marine Corps Air Facility, 
     Quantico, Virginia, by striking ``$73,838,000'' in the amount 
     column and inserting ``$74,470,000'';
       (C) in the item relating to Strategic Weapons Facility 
     Pacific, Bangor, Washington, by striking ``$138,060,000'' in 
     the amount column and inserting ``$147,760,000''; and
       (D) by striking the amount identified as the total in the 
     amount column and inserting ``$1,057,587,000''; and
       (2) by striking subsection (c).
       (b) Conforming Amendments.--Section 2204 of that Act (118 
     Stat. 2107) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``$712,927,000'' and 
     inserting ``$752,927,000''; and
       (B) by striking paragraph (3); and
       (2) in subsection (b)--
       (A) in paragraph (4), by striking ``$34,098,000'' and 
     inserting ``$34,730,000''; and
       (B) by striking paragraph (7) and inserting the following 
     new paragraphs:
       ``(7) $9,700,000 (the balance of the amount authorized 
     under section 2201(a) for naval laboratory consolidation, 
     Strategic Weapons Facility Pacific, Bangor, Washington).
       ``(8) $55,200,000 (the balance of the amount authorized 
     under section 2201(a) for construction of a presidential 
     helicopter programs support facility at Naval Air Warfare 
     Center, Patuxent River, Maryland).''.
                         TITLE XXIII--AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition 
              projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.

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

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

                                       Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
                    State                                 Installation or Location                   Amount
----------------------------------------------------------------------------------------------------------------
Alabama.....................................  Maxwell Air Force Base..........................       $14,900,000
Alaska......................................  Clear Air Force Base............................       $20,000,000
                                              Elmendorf Air Force Base........................       $84,820,000
Arizona.....................................  Davis-Monthan Air Force Base....................        $8,600,000
                                              Luke Air Force Base.............................       $13,000,000
Arkansas....................................  Little Rock Air Force Base......................        $8,900,000
California..................................  Beale Air Force Base............................       $14,200,000
                                              Edwards Air Force Base..........................      $103,000,000
                                              Travis Air Force Base...........................       $46,400,000
                                              Vandenberg Air Force Base.......................       $16,845,000
Colorado....................................  Buckley Air Force Base..........................       $20,100,000
                                              Peterson Air Force Base.........................       $25,500,000
                                              United States Air Force Academy.................       $13,000,000
Delaware....................................  Dover Air Force Base............................       $19,000,000
District of Columbia........................  Bolling Air Force Base..........................       $14,900,000
Florida.....................................  Cape Canaveral..................................        $6,200,000
                                              Hurlburt Field..................................        $2,540,000
                                              MacDill Air Force Base..........................      $107,200,000
                                              Tyndall Air Force Base..........................       $21,500,000
Georgia.....................................  Robins Air Force Base...........................        $7,600,000
Hawaii......................................  Hickham Air Force Base..........................       $13,378,000
Idaho.......................................  Mountain Home Air Force Base....................        $9,835,000
Louisiana...................................  Barksdale Air Force Base........................       $10,800,000
Massachusetts...............................  Hanscom Air Force Base..........................        $3,900,000
Mississippi.................................  Columbus Air Force Base.........................       $10,000,000
                                              Keesler Air Force Base..........................       $47,500,000
Missouri....................................  Whiteman Air Force Base.........................        $5,721,000
Montana.....................................  Malmstrom Air Force Base........................       $13,500,000
Nebraska....................................  Offutt Air Force Base...........................       $63,080,000
Nevada......................................  Indian Springs Auxiliary Field..................       $60,724,000
                                              Nellis Air Force Base...........................       $24,370,000
New Jersey..................................  McGuire Air Force Base..........................       $13,185,000
New Mexico..................................  Kirtland Air Force Base.........................        $6,600,000
                                               Holloman Air Force Base........................       $15,000,000
North Dakota................................  Minot Air Force Base............................        $8,700,000
Ohio........................................  Wright Patterson Air Force Base.................       $32,620,000
Oklahoma....................................  Tinker Air Force Base...........................       $31,960,000
                                               Vance Air Force Base...........................       $14,000,000
South Carolina..............................  Charleston Air Force Base.......................        $2,583,000
                                              Shaw Air Force Base.............................       $16,030,000
South Dakota................................   Ellsworth Air Force Base.......................        $8,400,000
Texas.......................................  Goodfellow Air Force Base.......................        $4,300,000
                                              Laughlin Air Force Base.........................        $7,900,000
                                              Sheppard Air Force Base.........................       $36,000,000
Utah........................................  Hill Air Force Base.............................       $33,900,000
Virginia....................................  Langley Air Force Base..........................       $44,365,000
Washington..................................   Fairchild Air Force Base.......................        $8,200,000
----------------------------------------------------------------------------------------------------------------


[[Page H12841]]

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

                  Air Force: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Germany......................  Ramstein Air Base........     $11,650,000
                               Spangdahlem Air Base.....     $12,474,000
Guam.........................  Andersen Air Base........     $18,500,000
Italy........................  Aviano Air Base..........     $22,660,000
Korea........................  Kunsan Air Base..........     $47,900,000
                               Osan Air Base............     $37,719,000
Portugal.....................  Lajes Field, Azores......     $12,000,000
Turkey.......................  Incirlik Air Base........      $5,780,000
United Kingdom...............  Royal Air Force                $5,125,000
                                Lakenheath.
                               Royal Air Force               $13,500,000
                                Mildenhall.
------------------------------------------------------------------------

     SEC. 2302. FAMILY HOUSING.

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

                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
            State or Country                   Installation or Location             Units             Amount
----------------------------------------------------------------------------------------------------------------
Alaska..................................  Eielson Air Force Base...........  392................     $55,794,000
California..............................  Edwards Air Force Base...........  226................     $59,699,000
Florida.................................  MacDill Air Force Base...........  109................     $40,982,000
Idaho...................................  Mountain Home Air Force Base.....  194................     $56,467,000
Missouri................................  Whiteman Air Force Base..........  111................     $26,917,000
Montana.................................  Malmstrom Air Force Base.........  296................     $68,971,000
North Carolina..........................  Seymour Johnson Air Force Base...  255................     $48,868,000
North Dakota............................  Grand Forks Air Force Base.......  150................     $43,353,000
                                          Minot Air Force Base.............  223................     $44,548,000
South Carolina..........................  Charleston Air Force Base........  10.................     $15,935,000
South Dakota............................  Ellsworth Air Force Base.........  60.................     $14,383,000
Texas...................................  Dyess Air Force Base.............  190................     $43,016,000
Germany.................................  Ramstein Air Base................  101................     $62,952,000
                                          Spangdahlem Air Base.............  79.................     $45,385,000
Turkey..................................  Incirlik Air Base................  100................     $22,730,000
United Kingdom..........................  Royal Air Force Lakenheath.......  107................     $48,437,000
----------------------------------------------------------------------------------------------------------------

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

     SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2304(a)(5)(A), the Secretary of 
     the Air Force may improve existing military family housing 
     units in an amount not to exceed $366,346,000.

     SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2005, for military construction, land 
     acquisition, and military family housing functions of the 
     Department of the Air Force in the total amount of 
     $3,157,356,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2301(a), $989,756,000.
       (2) For military construction projects outside the United 
     States authorized by section 2301(b), $187,308,000.
       (3) For unspecified minor military construction projects 
     authorized by section 2805 of title 10, United States Code, 
     $15,929,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $95,537,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $1,101,887,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $766,939,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2301 of this Act may not exceed the 
     sum of the following:
       (1) The total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a).
       (2) $30,000,000 (the balance of the amount authorized under 
     section 2301(a) for construction of a C-17 maintenance 
     complex at Elmendorf Air Force Base, Alaska).
       (3) $66,000,000 (the balance of the amount authorized under 
     section 2301(a) for construction of a main base runway at 
     Edwards Air Force Base, California).
       (4) $29,000,000 (the balance of the amount authorized under 
     section 2301(a) for construction of a joint intelligence 
     center at MacDill Air Force Base, Florida).
                      TITLE XXIV--DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land 
              acquisition projects.
Sec. 2402. Energy conservation projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.

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

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

                                           Defense Education Activity
----------------------------------------------------------------------------------------------------------------
                     State                                  Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Georgia.......................................  Fort Stewart/Hunter Army Air Field..............     $16,629,000
North Carolina................................  Fort Bragg......................................     $18,075,000
----------------------------------------------------------------------------------------------------------------


[[Page H12842]]


                       Defense Intelligence Agency
------------------------------------------------------------------------
            State               Installation or Location      Amount
------------------------------------------------------------------------
District of Columbia.........  Bolling Air Force Base...      $7,900,000
------------------------------------------------------------------------


                                            Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
                   State                                   Installation or Location                   Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................  Yuma Proving Ground................................      $7,300,000
California.................................  Defense Distribution Depot, Tracy..................     $33,635,000
                                             Miramar............................................     $23,000,000
Kansas.....................................  McConnell Air Force Base...........................     $15,800,000
New Mexico.................................  Cannon Air Force Base..............................     $13,200,000
North Carolina.............................  Seymour Johnson Air Force Base.....................     $18,500,000
Pennsylvania...............................  Defense Distribution Depot, New Cumberland.........      $6,500,000
Virginia...................................  Fort Belvoir.......................................      $4,500,000
                                             Naval Station, Norfolk.............................      $6,700,000
----------------------------------------------------------------------------------------------------------------


                        National Security Agency
------------------------------------------------------------------------
            State               Installation or Location      Amount
------------------------------------------------------------------------
Georgia......................  Augusta..................     $61,466,000
Hawaii.......................  Kunia....................    $305,000,000
Maryland.....................  Fort Meade...............     $41,200,000
------------------------------------------------------------------------


                       Special Operations Command
------------------------------------------------------------------------
            State              Installation or Location       Amount
------------------------------------------------------------------------
California..................  Naval Surface Warfare          $28,350,000
                               Center, Coronado.
Florida.....................  Hurlburt Field............      $6,500,000
                              Eglin Air Force Base......     $12,800,000
Georgia.....................  Fort Stewart/Hunter Army       $10,000,000
                               Air Field.
Kentucky....................  Fort Campbell.............     $37,800,000
North Carolina..............  Fort Bragg................     $18,069,000
Washington..................  Fort Lewis................     $53,300,000
------------------------------------------------------------------------


                                           TRICARE Management Activity
----------------------------------------------------------------------------------------------------------------
                    State                                   Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
California...................................  Beale Air Force Base.............................     $18,000,000
                                               Naval Hospital, San Diego........................     $15,000,000
Colorado.....................................  Peterson Air Force Base..........................      $1,820,000
Maryland.....................................  Fort Detrick.....................................     $55,200,000
                                               Uniformed Services University, Bethesda..........     $10,350,000
Mississippi..................................  Keesler Air Force Base...........................     $14,000,000
Nevada.......................................  Nellis Air Force Base............................      $1,700,000
South Carolina...............................  Charleston.......................................     $35,000,000
Texas........................................  Lackland Air Force Base..........................     $11,000,000
----------------------------------------------------------------------------------------------------------------

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

                                           Defense Education Activity
----------------------------------------------------------------------------------------------------------------
                    Country                                 Installation or Location                  Amount
----------------------------------------------------------------------------------------------------------------
Germany.......................................  Landstuhl.......................................      $6,543,000
                                                Vilseck.........................................      $2,323,000
Guam..........................................  Agana...........................................     $40,578,000
Korea.........................................  Taegu...........................................      $8,231,000
Spain.........................................  Naval Station, Rota.............................      $7,963,000
----------------------------------------------------------------------------------------------------------------


                                            Defense Logistics Agency
----------------------------------------------------------------------------------------------------------------
                  Country                                  Installation or Location                   Amount
----------------------------------------------------------------------------------------------------------------
Greece.....................................  Souda Bay..........................................      $7,089,000
----------------------------------------------------------------------------------------------------------------


                         Missile Defense Agency
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Kwajalein....................  Kwajalein Atoll..........      $4,901,000
------------------------------------------------------------------------


[[Page H12843]]


                        National Security Agency
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
United Kingdom...............  Menwith Hill.............     $86,354,000
------------------------------------------------------------------------


                       TRICARE Management Activity
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Bahrain......................  .........................      $4,750,000
------------------------------------------------------------------------

     SEC. 2402. ENERGY CONSERVATION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2403(a)(5), the Secretary of 
     Defense may carry out energy conservation projects under 
     section 2865 of title 10, United States Code, in the amount 
     of $50,000,000.

     SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2005, for military construction, land acquisition, and 
     military family housing functions of the Department of 
     Defense (other than the military departments) in the total 
     amount of $2,817,039,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2401(a), $626,609,000.
       (2) For military construction projects outside the United 
     States authorized by section 2401(b), $123,104,000.
       (3) For unspecified minor military construction projects 
     under section 2805 of title 10, United States Code, 
     $15,736,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $136,406,000.
       (5) For energy conservation projects authorized by section 
     2402 of this Act, $50,000,000.
       (6) For base closure and realignment activities as 
     authorized by the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note) and funded through the Department of Defense Base 
     Closure Account 1990 established by section 2906 of such Act, 
     $254,827,000.
       (7) For base closure and realignment activities as 
     authorized by the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note) and funded through the Department of Defense Base 
     Closure Account 2005 established by section 2906A of such 
     Act, $1,504,466,000.
       (8) For military family housing functions:
       (A) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $46,391,000.
       (B) For credit to the Department of Defense Family Housing 
     Improvement Fund established by section 2883(a)(1) of title 
     10, United States Code, $2,500,000.
       (9) For the construction of increment 2 of the hospital 
     replacement at Fort Belvoir, Virginia, authorized by section 
     2401(a) of the Military Construction Authorization Act for 
     Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 
     2112), $57,000,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2401 of this Act may not exceed the 
     sum of the following:
       (1) The total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a).
       (2) $12,500,000 (the balance of the amount authorized under 
     section 2401(a) for construction of a regional security 
     operations center, Augusta, Georgia).
       (3) $256,034,000 (the balance of the amount authorized 
     under section 2401(a) for replacement of a regional security 
     operations center, Kunia, Hawaii).
       (4) $13,151,000 (the balance of the amount authorized under 
     section 2401(a) for construction of a classified material 
     conversion facility, Fort Meade, Maryland).
       (5) $44,657,000 (the balance of the amount authorized under 
     section 2401(b) for construction of an operations building, 
     Royal Air Force Menwith Hill Station, United Kingdom).
       (c) Notice and Wait Requirement Applicable to Obligation of 
     Funds for Base Closure and Realignment Activities.--Funds 
     appropriated pursuant to the authorization of appropriations 
     in subsection (a)(7) may not be obligated until--
       (1) a period of 21 days has expired following the date on 
     which the Secretary of Defense submits to the congressional 
     defense committees a report describing the specific programs, 
     projects, and activities for which the funds are to be 
     obligated; or
       (2) if over sooner, a period of 14 days has expired 
     following the date on which a copy of the report is provided 
     in an electronic medium pursuant to section 480 of title 10, 
     United States Code.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

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

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

     SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2005, for contributions 
     by the Secretary of Defense under section 2806 of title 10, 
     United States Code, for the share of the United States of the 
     cost of projects for the North Atlantic Treaty Organization 
     Security Investment program authorized by section 2501, in 
     the amount of $206,858,000.
            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized Guard and Reserve construction and land 
              acquisition projects.

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

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2005, for the costs of 
     acquisition, architectural and engineering services, and 
     construction of facilities for the Guard and Reserve Forces, 
     and for contributions therefor, under chapter 1803 of title 
     10, United States Code (including the cost of acquisition of 
     land for those facilities), in the following amounts:
       (1) For the Department of the Army--
       (A) for the Army National Guard of the United States, 
     $523,151,000; and
       (B) for the Army Reserve, $152,569,000.
       (2) For the Department of the Navy, for the Navy Reserve 
     and Marine Corps Reserve, $46,864,000.
       (3) For the Department of the Air Force--
       (A) for the Air National Guard of the United States, 
     $316,117,000; and
       (B) for the Air Force Reserve, $105,883,000.
        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be 
              specified by law.
Sec. 2702. Extension of authorizations of certain fiscal year 2003 
              projects.
Sec. 2703. Extension of authorizations of certain fiscal year 2002 
              projects.

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

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

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

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2003 
     (division B of Public Law 107-314; 116 Stat. 2700), 
     authorizations set forth in the tables in subsection (b), as 
     provided in section 2301, 2302, or 2401 of that Act, shall 
     remain in effect until October 1, 2006, or the date of the 
     enactment of an Act authorizing funds for military 
     construction for fiscal year 2007, whichever is later.
       (b) Tables.--The tables referred to in subsection (a) are 
     as follows:

[[Page H12844]]



           Air Force: Extension of 2003 Project Authorizations
------------------------------------------------------------------------
    Installation or Location             Project              Amount
------------------------------------------------------------------------
Aviano Air Base, Italy.........  Area consolidation.....      $5,000,000
Eglin Air Force Base, Florida..  Family housing (134         $15,906,000
                                  units).
                                 Family housing office..        $597,000
Keesler Air Force Base,          Family housing (117         $16,505,000
 Mississippi.                     units).
Randolph Air Force Base, Texas.  Family housing (112         $14,311,000
                                  units).
                                 Housing maintenance            $447,000
                                  facility.
------------------------------------------------------------------------


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

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

       (a) Extension and Renewal.--Notwithstanding section 2701 of 
     the Military Construction Authorization Act for Fiscal Year 
     2002 (division B of Public Law 107-107; 115 Stat. 1301), 
     authorizations set forth in the tables in subsection (b), as 
     provided in section 2101 or 2302 of that Act and extended by 
     section 2702 of the Military Construction Authorization Act 
     for Fiscal Year 2005 (division B of Public Law 108-375; 118 
     Stat. 2116), shall remain in effect until October 1, 2006, or 
     the date of the enactment of an Act authorizing funds for 
     military construction for fiscal year 2007, whichever is 
     later.
       (b) Tables.--The tables referred to in subsection (a) are 
     as follows:

              Army: Extension of 2002 Project Authorization
------------------------------------------------------------------------
     Installation or Location             Project             Amount
------------------------------------------------------------------------
Pohakuloa Training Area, Hawaii..  Land acquisition.....      $1,500,000
------------------------------------------------------------------------


           Air Force: Extension of 2002 Project Authorization
------------------------------------------------------------------------
     Installation or Location             Project             Amount
------------------------------------------------------------------------
Barksdale Air Force Base,          Family housing (56         $7,300,000
 Louisiana.                         units).
------------------------------------------------------------------------

                    TITLE XXVIII--GENERAL PROVISIONS

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

Sec. 2801. Modification of congressional notification requirements for 
              certain military construction activities.
Sec. 2802. Increase in number of family housing units in Korea 
              authorized for lease by the Army at maximum amount.
Sec. 2803. Improvement in availability and timeliness of Department of 
              Defense information regarding military construction and 
              family housing accounts and activities.
Sec. 2804. Modification of cost variation authority.
Sec. 2805. Inapplicability to child development centers of restriction 
              on authority to acquire or construct ancillary supporting 
              facilities.
Sec. 2806. Department of Defense Housing Funds.
Sec. 2807. Use of design-build selection procedures to accelerate 
              design effort in connection with military construction 
              projects.
Sec. 2808. Acquisition of associated utilities, equipment, and 
              furnishings in reserve component facility exchange.
Sec. 2809. One-year extension of temporary, limited authority to use 
              operation and maintenance funds for construction projects 
              outside the United States.
Sec. 2810. Temporary program to use minor military construction 
              authority for construction of child development centers.
Sec. 2811. General and flag officers quarters in the National Capital 
              Region.

        Subtitle B--Real Property and Facilities Administration

Sec. 2821. Consolidation of Department of Defense land acquisition 
              authorities and limitations on use of such authorities.
Sec. 2822. Modification of authorities on agreements to limit 
              encroachments and other constraints on military training, 
              testing, and operations.
Sec. 2823. Modification of utility system conveyance authority and 
              related reporting requirements.
Sec. 2824. Report on application of force protection and anti-terrorism 
              standards to leased facilities.
Sec. 2825. Report on use of ground source heat pumps at Department of 
              Defense facilities.

                Subtitle C--Base Closure and Realignment

Sec. 2831. Additional reporting requirements regarding base closure 
              process and use of Department of Defense base closure 
              accounts.
Sec. 2832. Expanded availability of adjustment and diversification 
              assistance for communities adversely affected by mission 
              realignments in base closure process.
Sec. 2833. Treatment of Indian Tribal Governments as public entities 
              for purposes of disposal of real property recommended for 
              closure in July 1993 BRAC Commission report.
Sec. 2834. Termination of project authorizations for military 
              installations approved for closure in 2005 round of base 
              realignments and closures.
Sec. 2835. Required consultation with State and local entities on 
              issues related to increase in number of military 
              personnel at military installations.
Sec. 2836. Sense of Congress regarding infrastructure and installation 
              requirements for transfer of units and personnel from 
              closed and realigned military installations to receiving 
              locations.
Sec. 2837. Defense access road program and military installations 
              affected by defense base closure process or Integrated 
              Global Presence and Basing Strategy.
Sec. 2838. Sense of Congress on reversionary interests involving real 
              property at Navy homeports.

                      Subtitle D--Land Conveyances

                        Part 1--Army Conveyances

Sec. 2841. Land conveyance, Camp Navajo, Arizona.
Sec. 2842. Land conveyance, Iowa Army Ammunition Plant, Middletown, 
              Iowa.
Sec. 2843. Land conveyance, Helena, Montana.
Sec. 2844. Lease authority, Army Heritage and Education Center, 
              Carlisle, Pennsylvania.
Sec. 2845. Land exchange, Fort Hood, Texas.
Sec. 2846. Modification of land conveyance, Engineer Proving Ground, 
              Fort Belvoir, Virginia.
Sec. 2847. Land conveyance, Fort Belvoir, Virginia.
Sec. 2848. Land conveyance, Army Reserve Center, Bothell, Washington.

                        Part 2--Navy Conveyances

Sec. 2851. Land conveyance, Marine Corps Air Station, Miramar, San 
              Diego, California.
Sec. 2852. Lease or license of United States Navy Museum facilities at 
              Washington Navy Yard, District of Columbia.

                     Part 3--Air Force Conveyances

Sec. 2861. Purchase of build-to-lease family housing, Eielson Air Force 
              Base, Alaska.
Sec. 2862. Land conveyance, Air Force property, Jacksonville, Arkansas.
Sec. 2863. Land conveyance, Air Force property, La Junta, Colorado.
Sec. 2864. Lease, National Imagery and Mapping Agency site, St. Louis, 
              Missouri.

                       Subtitle E--Other Matters

Sec. 2871. Clarification of moratorium on certain improvements at Fort 
              Buchanan, Puerto Rico.
Sec. 2872. Transfer of excess Department of Defense property on Santa 
              Rosa and Okaloosa Island, Florida, to Gulf Islands 
              National Seashore.

[[Page H12845]]

Sec. 2873. Authorized military uses of Papago Park Military 
              Reservation, Phoenix, Arizona.
Sec. 2874. Assessment of water needs for Presidio of Monterey and Ord 
              Military Community.
Sec. 2875. Redesignation of McEntire Air National Guard Station, South 
              Carolina, as McEntire Joint National Guard Base.
Sec. 2876. Sense of Congress regarding community impact assistance 
              related to construction of Navy landing field, North 
              Carolina.
Sec. 2877. Sense of Congress on establishment of Bakers Creek Memorial.
 Subtitle A--Military Construction Program and Military Family Housing 
                                Changes

     SEC. 2801. MODIFICATION OF CONGRESSIONAL NOTIFICATION 
                   REQUIREMENTS FOR CERTAIN MILITARY CONSTRUCTION 
                   ACTIVITIES.

       (a) Contingency Construction.--Section 2804(b) of title 10, 
     United States Code, is amended--
       (1) by striking ``21-day period'' and inserting ``14-day 
     period''; and
       (2) by striking ``14-day period'' and inserting ``seven-day 
     period''.
       (b) Acquisition in Lieu of Construction.--Section 2813(c) 
     of such title is amended--
       (1) by striking ``30-day period'' and inserting ``21-day 
     period''; and
       (2) by striking ``21-day period'' and inserting ``14-day 
     period''.

     SEC. 2802. INCREASE IN NUMBER OF FAMILY HOUSING UNITS IN 
                   KOREA AUTHORIZED FOR LEASE BY THE ARMY AT 
                   MAXIMUM AMOUNT.

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

     SEC. 2803. IMPROVEMENT IN AVAILABILITY AND TIMELINESS OF 
                   DEPARTMENT OF DEFENSE INFORMATION REGARDING 
                   MILITARY CONSTRUCTION AND FAMILY HOUSING 
                   ACCOUNTS AND ACTIVITIES.

       (a) Maintenance of Information on Internet.--Section 2851 
     of title 10, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(c) Maintenance of Military Construction Information on 
     Internet; Access.--(1) The Secretary of Defense shall 
     maintain an Internet site that, when activated by a person 
     authorized under paragraph (3), will permit the person to 
     access and view on a separate page of the Internet site a 
     document or other file containing the information required by 
     paragraph (2) for the following:
       ``(A) Each military construction project or military family 
     housing project that has been specifically authorized by Act 
     of Congress.
       ``(B) Each project carried out with funds authorized for 
     the operation and maintenance of military family housing.
       ``(C) Each project carried out with funds authorized for 
     the improvement of military family housing units.
       ``(D) Each unspecified minor construction project carried 
     out under the authority of section 2805(a) of this title.
       ``(E) Each military construction project or military family 
     housing project regarding which a statutory requirement 
     exists to notify Congress.
       ``(2) The information to be provided via the Internet site 
     required by paragraph (1) for each project described in such 
     paragraph shall include the following:
       ``(A) The solicitation date and award date (or anticipated 
     dates) for each contract entered into (or to be entered into) 
     by the United States in connection with the project.
       ``(B) The contract recipient, contract award amount, 
     construction milestone schedule proposed by the contractor, 
     and construction completion date stipulated in the awarded 
     contract.
       ``(C) The most current Department of Defense Form 1391, 
     Military Construction Project Data, for the project.
       ``(D) The progress of the project, including the percentage 
     of construction currently completed and the current estimated 
     construction completion date.
       ``(E) The current contract obligation of funds for the 
     project, including any changes to the original contract award 
     amount.
       ``(F) The estimated final cost of the project and, if the 
     estimated final cost of the project exceeds the amount 
     appropriated for the project and funds have been provided 
     from another source to meet the increased cost, the source of 
     the funds and the amount provided.
       ``(G) If funds appropriated for the project have been 
     diverted for use in another project, the project to which the 
     funds were diverted and the amount so diverted.
       ``(H) For accounts such as planning and design, unspecified 
     minor construction, and family housing operation and 
     maintenance, detailed information regarding expenditures and 
     anticipated expenditures under these accounts and the 
     purposes for which the expenditures are made.
       ``(3) Access to the Internet site required by paragraph (1) 
     shall be restricted to the following persons:
       ``(A) Members of the congressional defense committees and 
     their staff.
       ``(B) Staff of the congressional defense committees.
       ``(4) The information required to be provided for each 
     project described in paragraph (1) shall be made available to 
     the persons referred to in paragraph (3) not later than 90 
     days after the award of a contract or delivery order for the 
     project. The Secretary of Defense shall update the required 
     information as promptly as practicable, but not less 
     frequently than once a month, to ensure that the information 
     is available to such persons in a timely manner.''.
       (b) Implementation.--The Internet site required by 
     subsection (c) of section 2851 of title 10, United States 
     Code, as added by subsection (a), shall be available to the 
     persons referred to in paragraph (3) of such subsection not 
     later than July 15, 2006.
       (c) Stylistic Amendments.--Such section is further 
     amended--
       (1) in subsection (a), by inserting ``Supervision of 
     Military Department Projects.--'' after ``(a)''; and
       (2) in subsection (b), by inserting ``Supervision of 
     Defense Agency Projects.--'' after ``(b)''

     SEC. 2804. MODIFICATION OF COST VARIATION AUTHORITY.

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

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

       (2) Table of sections.--The item relating to such section 
     in the table of sections at the beginning of subchapter III 
     of chapter 169 of such title is amended to read as follows:

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

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

       (a) Exception for Child Development Centers.--Section 
     2881(b) of title 10, United States Code, is amended by 
     inserting ``(other than a child development center)'' after 
     ``ancillary supporting facility''.
       (b) Child Development Center Defined.--Section 2871 of such 
     title is amended--
       (1) in paragraph (1), by inserting ``child development 
     centers,'' after ``day care centers,''; and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) The term `child development center' includes a 
     facility, and the utilities to support such facility, the 
     function of which is to support the daily care of children 
     aged six weeks old through five years old for full-day, part-
     day, and hourly service.''.
       (c) Rule of Construction.--Nothing in the amendment made by 
     subsection (a) may be construed to alter any law and 
     regulation applicable to the operation of a child development 
     center, as defined in section 2871(2) of title 10, United 
     States Code.

     SEC. 2806. DEPARTMENT OF DEFENSE HOUSING FUNDS.

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

[[Page H12846]]

     all funds to be transferred to such Funds for the current 
     fiscal year and the next fiscal year.''.

     SEC. 2807. USE OF DESIGN-BUILD SELECTION PROCEDURES TO 
                   ACCELERATE DESIGN EFFORT IN CONNECTION WITH 
                   MILITARY CONSTRUCTION PROJECTS.

       (a) Clarification of Condition on Contracts.--Paragraph (2) 
     of subsection (f) of section 2305a of title 10, United States 
     Code, is amended to read as follows:
       ``(2) Any military construction contract that provides for 
     an accelerated design effort, as authorized by paragraph (1), 
     shall include as a condition of the contract that the 
     liability of the United States in a termination for 
     convenience before funds are first made available for 
     construction may not exceed an amount attributable to the 
     final design of the project.''.
       (b) Duration of Authority; Report.--Paragraph (4) of such 
     subsection is amended by striking ``2007'' each place it 
     appears and inserting ``2008''.

     SEC. 2808. ACQUISITION OF ASSOCIATED UTILITIES, EQUIPMENT, 
                   AND FURNISHINGS IN RESERVE COMPONENT FACILITY 
                   EXCHANGE.

       (a) Acquisition Authority.--Section 18240 of title 10, 
     United States Code, is amended--
       (1) in subsection (a), by adding at the end the following 
     new sentence: ``The acquisition of a facility or an addition 
     to an existing facility under this section may include the 
     acquisition of utilities, equipment, and furnishings for the 
     facility.''; and
       (2) in subsection (c), by inserting ``including any 
     utilities, equipment, and furnishings, to be'' after 
     ``existing facility,''.
       (b) Conforming Amendment.--Section 2809(c)(1) of the 
     Military Construction Authorization Act for Fiscal Year 2005 
     (division B of Public Law 108-375; 118 Stat. 2127) is amended 
     by inserting ``including any utilities, equipment, and 
     furnishings,'' after ``existing facility,''.

     SEC. 2809. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY 
                   TO USE OPERATION AND MAINTENANCE FUNDS FOR 
                   CONSTRUCTION PROJECTS OUTSIDE THE UNITED 
                   STATES.

       (a) Conditional Extension.--Section 2808 of the Military 
     Construction Authorization Act for Fiscal Year 2004 (division 
     B of Public Law 108-136; 117 Stat. 1723), as amended by 
     section 2810 of the Military Construction Authorization Act 
     for Fiscal Year 2005 (division B of Public Law 108-375; 118 
     Stat. 2128), is further amended--
       (1) in subsection (a), by striking ``fiscal year 2005'' and 
     inserting ``fiscal years 2005 and 2006''; and
       (2) in subsection (d)(2)--
       (A) by striking ``during fiscal year 2005'' and inserting 
     ``during a fiscal year'';
       (B) by inserting ``for that fiscal year'' after 
     ``commence''; and
       (C) by striking ``for fiscal year 2004'' and inserting 
     ``for the preceding fiscal year''.
       (b) Limitation on Use of Authority.--Subsection (c)(1) of 
     such section 2808 is amended by striking ``$200,000,000'' and 
     inserting ``$100,000,000''.
       (c) Quarterly Reports.--Subsection (d) of such section 2808 
     is amended by striking paragraph (1) and inserting the 
     following new paragraph:
       ``(1) Not later than 30 days after the end of each fiscal-
     year quarter during which appropriated funds available for 
     operation and maintenance are obligated or expended to carry 
     out construction projects outside the United States, the 
     Secretary of Defense shall submit to the congressional 
     committees specified in subsection (f) a report on the 
     worldwide obligation and expenditure during that quarter of 
     such appropriated funds for such construction projects.''.
       (d) Effect of Failure to Submit Quarterly Reports or 
     Project Notifications.--Such section 2808 is further amended 
     by adding at the end the following new subsection:
       ``(g) Effect of Failure to Submit Quarterly Reports or 
     Project Notifications.--If the report for a fiscal-year 
     quarter under subsection (d) or the notice of the obligation 
     of the funds for a construction project required by 
     subsection (b) is not submitted to the congressional 
     committees specified in subsection (f) by the required date, 
     appropriated funds available for operation and maintenance 
     may not be obligated or expended after that date under the 
     authority of this section to carry out construction projects 
     outside the United States until the date on which the report 
     or notice is finally submitted.''.

     SEC. 2810. TEMPORARY PROGRAM TO USE MINOR MILITARY 
                   CONSTRUCTION AUTHORITY FOR CONSTRUCTION OF 
                   CHILD DEVELOPMENT CENTERS.

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

     SEC. 2811. GENERAL AND FLAG OFFICERS QUARTERS IN THE NATIONAL 
                   CAPITAL REGION.

       (a) Service-by-Service Report on Need for Quarters in 
     National Capital Region.--Not later than March 15, 2006, the 
     Secretary of each of the military departments shall submit to 
     the congressional defense committees a report containing an 
     analysis of the anticipated needs of the Armed Forces under 
     the jurisdiction of that Secretary for family housing units 
     for general officers and flag officers in the National 
     Capital Region. In conducting the analysis, the Secretary 
     shall consider the necessity of providing housing for general 
     officers and flag officers in secure locations in the 
     National Capital Region, but shall not consider the number of 
     existing Government-owned units in the National Capital 
     Region.
       (b) Use of Alternative Authority for Acquisition and 
     Improvement of Military Housing.--The Secretary of a military 
     department shall include in the report prepared by the 
     Secretary under subsection (a) an assessment of the viability 
     and economic impact of incorporating the inventory of general 
     officer and flag officer quarters of that military department 
     in the National Capitol Region into transactions carried out 
     using the alternative authority for the acquisition and 
     improvement of military housing provided by subchapter IV of 
     chapter 169 of title 10, United States Code. The assessment 
     shall include an economic analysis of the potential costs to 
     include general officer and flag officer quarters into 
     existing and planned housing privatization transactions.
       (c) Definitions.--In this section:
       (1) The terms ``general officer'' and ``flag officer'' have 
     the meanings given such terms in section 101(b) of title 10, 
     United States Code.
       (2) The term ``National Capital Region'' has the meaning 
     given such term in section 2674(f) of such title.
        Subtitle B--Real Property and Facilities Administration

     SEC. 2821. CONSOLIDATION OF DEPARTMENT OF DEFENSE LAND 
                   ACQUISITION AUTHORITIES AND LIMITATIONS ON USE 
                   OF SUCH AUTHORITIES.

       (a) Land Acquisition Authority.--Chapter 159 of title 10, 
     United States Code, is amended--
       (1) in section 2663--
       (A) by striking the section heading and inserting the 
     following new section heading:

     ``Sec. 2663. Land acquisition authorities'';

       (B) in subsection (a)--
       (i) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (ii) in subparagraph (C), as so redesignated, by striking 
     ``clause (2)'' and inserting ``subparagraph (B)''; and
       (iii) by inserting ``Acquisition of Land by Condemnation 
     for Certain Military Purposes.--(1)'' before ``The 
     Secretary'';
       (C) by redesignating subsection (b) as paragraph (2) and, 
     in such paragraph, by striking ``subsection (a)'' and 
     inserting ``paragraph (1)'';
       (D) by redesignating subsection (c) as subsection (b) and, 
     in such subsection, by inserting ``Acquisition by Purchase in 
     Lieu of Condemnation.--'' before ``The Secretary''; and
       (E) by striking subsection (d);
       (2) by transferring subsections (a), (b), and (d) of 
     section 2672 to section 2663 and inserting such subsections 
     in that order after subsection (b), as redesignated by 
     paragraph (1)(D);
       (3) in subsection (a), as transferred by paragraph (2), by 
     striking ``(a) Acquisition Authority'' and inserting ``(c) 
     Acquisition of Low-cost Interests in Land'';
       (4) in subsection (b), as transferred by paragraph (2)--
       (A) by striking ``(b) Acquisition of Multiple Parcels.--
     This section'' and inserting ``(3) This subsection'';
       (B) by striking ``subsection (a)(1)'' and inserting 
     ``paragraph (1)''; and
       (C) by striking ``subsection (a)(2)'' and inserting 
     ``paragraph (2)'';
       (5) in subsection (d), as transferred by paragraph (2)--
       (A) by striking ``(d) Availability of Funds.--
     Appropriations'' and inserting ``(4) Appropriations''; and
       (B) by striking ``this section'' and inserting ``this 
     subsection'';
       (6) by transferring subsections (a), (c), and (b) of 
     section 2672a to section 2663 and inserting such subsections 
     in that order after subsection

[[Page H12847]]

     (c), as redesignated and amended by paragraphs (3), (4), and 
     (5);
       (7) in subsection (a), as transferred by paragraph (6)--
       (A) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively; and
       (B) by striking ``(a) The Secretary'' and inserting ``(d) 
     Acquisition of Interests in Land When Need Is Urgent.--(1) 
     The Secretary'';
       (8) in subsection (c), as transferred by paragraph (6)--
       (A) by striking ``(c)'' and inserting ``(2)''; and
       (B) by striking ``this section'' and inserting ``this 
     subsection'';
       (9) in subsection (b), as transferred by paragraph (6)--
       (A) by striking ``(b)'' and inserting ``(3)'';
       (B) by striking ``this section'' in the first sentence and 
     inserting ``this subsection''; and
       (C) by striking the second sentence;
       (10) by transferring subsection (b) of section 2676 to 
     section 2663 and inserting such subsection after subsection 
     (d), as redesignated and amended by paragraphs (7), (8), and 
     (9); and
       (11) in subsection (b), as transferred by paragraph (10), 
     by striking ``(b) Authority'' and inserting ``(e) Survey 
     Authority; Acquisition Methods.--Authority''.
       (b) Limitations on Acquisition Authority.--Section 2676 of 
     such title, as amended by subsection (a)(10), is further 
     amended--
       (1) in subsection (a)--
       (A) by inserting ``Authorization for Acquisition 
     Required.--'' before ``No military department''; and
       (B) by striking ``, as amended'';
       (2) in subsection (c)--
       (A) in paragraph (1), by inserting ``Cost Limitations.--'' 
     before ``(1)''; and
       (B) in paragraph (2)--
       (i) by striking ``A land'' and inserting ``Until subsection 
     (d) is complied with, a land''; and
       (ii) by striking ``lesser,'' and all that follows through 
     the period at the end and inserting ``lesser.'';
       (3) in subsection (d), by inserting ``Congressional 
     Notification.--'' before ``The limitations''; and
       (4) in subsection (e), by inserting ``Payment of Judgements 
     and Settlements.--'' before ``The Secretary''.
       (c) Transfer and Redesignation of Revised Limitation 
     Section.--Section 2676 of such title, as amended by 
     subsections (a)(10) and (b)--
       (1) is inserted after section 2663 of such title, as 
     amended by subsection (a); and
       (2) is amended by striking the section heading and 
     inserting the following new section heading:

     ``Sec. 2664. Limitations on real property acquisition''.

       (d) Inclusion of Limitation on Land Acquisition 
     Commissions.--Subsection (c) of section 2661 of such title is 
     transferred to section 2664 of such title, as redesignated by 
     subsection (c)(2), is inserted after subsection (a) of such 
     redesignated section, and is redesignated as subsection (b).
       (e) Application of Real Property Management Authorities to 
     Pentagon Reservation.--Section 2661 of such title is amended 
     by adding at the end the following new subsection:
       ``(d) Treatment of Pentagon Reservation.--In this chapter, 
     the terms `Secretary concerned' and `Secretary of a military 
     department' include the Secretary of Defense with respect to 
     the Pentagon Reservation.''.
       (f) Conforming Repeals.--Sections 2672 and 2672a of such 
     title are repealed.
       (g) Clerical Amendments.--The table of sections at the 
     beginning of chapter 159 of such title is amended--
       (1) by striking the items relating to sections 2663, 2672, 
     2672a, and 2676; and
       (2) by inserting after the item relating to section 2662 
     the following new items:

``2663. Land acquisition authorities.
``2664. Limitations on real property acquisition.''.

     SEC. 2822. MODIFICATION OF AUTHORITIES ON AGREEMENTS TO LIMIT 
                   ENCROACHMENTS AND OTHER CONSTRAINTS ON MILITARY 
                   TRAINING, TESTING, AND OPERATIONS.

       (a) Expansion of Agreements Authorized.--
       (1) In general.--Subsection (a) of section 2684a of title 
     10, United States Code, is amended--
       (A) by inserting ``or entities'' after ``entity''; and
       (B) by striking ``in the vicinity of a military 
     installation'' and inserting ``in the vicinity of, or 
     ecologically related to, a military installation or military 
     airspace''.
       (2) Conforming amendments.--Subsection (d) of such section 
     is amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``or entities'' after ``eligible entity''; and
       (ii) in subparagraph (A), by inserting ``or entities'' 
     after ``the entity''; and
       (B) in paragraph (3), by inserting ``or entities'' after 
     ``the entity''.
       (b) Cost-Sharing of Acquisition Costs of Property and 
     Interests.--Subsection (d) of such section is further 
     amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``may provide'' and inserting ``shall provide''; and
       (B) by striking subparagraph (B) and inserting the 
     following new subparagraph (B):
       ``(B) the sharing by the United States and the entity or 
     entities of the acquisition costs in accordance with 
     paragraph (3).'';
       (2) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively; and
       (3) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3)(A) The Secretary concerned shall determine the 
     appropriate portion of the acquisition costs to be borne by 
     the United States in the sharing of acquisition costs of real 
     property, or an interest in real property, under paragraph 
     (1)(B).
       ``(B) The portion of acquisition costs borne by the United 
     States in the sharing of acquisition costs of real property, 
     or an interest in real property, under paragraph (1)(B) may 
     not exceed an amount equal to the fair market value of any 
     property or interest to be transferred to the United States 
     upon the request of the Secretary concerned under paragraph 
     (4).
       ``(C) The contribution of an entity or entities to the 
     acquisition costs of real property, or an interest in real 
     property, under paragraph (1)(B) may include, with the 
     approval of the Secretary concerned, the following or any 
     combination of the following:
       ``(i) The provision of funds, including funds received by 
     such entity or entities from a Federal agency outside the 
     Department of Defense or a State or local government in 
     connection with a Federal, State, or local program.
       ``(ii) The provision of in-kind services, including 
     services related to the acquisition or maintenance of such 
     real property or interest in real property.
       ``(iii) The exchange or donation of real property or any 
     interest in real property.''.
       (c) Reporting Requirement.--Such section is further 
     amended--
       (1) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively; and
       (2) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g) Annual Reports.--(1) Not later than March 1, 2007, 
     and annually thereafter, the Secretary of Defense shall, in 
     coordination with the Secretaries of the military departments 
     and the Director of the Department of Defense Test Resource 
     Management Center, submit to the Committees on Armed Services 
     of the Senate and the House of Representatives a report on 
     the projects undertaken under agreements under this section.
       ``(2) Each report under paragraph (1) shall include the 
     following the following:
       ``(A) A description of the status of the projects 
     undertaken under agreements under this section.
       ``(B) An assessment of the effectiveness of such projects, 
     and other actions taken pursuant to this section, as part of 
     a long-term strategy to ensure the sustainability of military 
     test and training ranges, military installations, and 
     associated airspace.
       ``(C) An evaluation of the methodology and criteria used to 
     select, and to establish priorities, for projects undertaken 
     under agreements under this section.
       ``(D) A description of any sharing of costs by the United 
     States and eligible entities under subsection (d) during the 
     preceding year, including a description of each agreement 
     under this section providing for the sharing of such costs 
     and a statement of the eligible entity or entities with which 
     the United States is sharing such costs.
       ``(E) Such recommendations as the Secretary of Defense 
     considers appropriate for legislative or administrative 
     action in order to improve the efficiency and effectiveness 
     of actions taken pursuant to agreements under this 
     section.''.

     SEC. 2823. MODIFICATION OF UTILITY SYSTEM CONVEYANCE 
                   AUTHORITY AND RELATED REPORTING REQUIREMENTS.

       (a) Notice and Wait Requirement.--Subsection (a) of section 
     2688 of title 10, United States Code, is amended--
       (1) by inserting ``(1)'' after ``Conveyance Authority.--''; 
     and
       (2) by adding at the end the following new paragraph:
       ``(2) The Secretary concerned may not enter into a contract 
     to convey a utility system, or part of a utility system, 
     under this subsection until--
       ``(A) the Secretary submits to the congressional defense 
     committees an economic analysis, based upon accepted life-
     cycle costing procedures approved by the Secretary of 
     Defense, that demonstrates that--
       ``(i) the long-term economic benefit to the United States 
     of the conveyance of the utility system, or part thereof, 
     exceeds the long-term economic cost to the United States of 
     the conveyance;
       ``(ii) the conveyance of the utility system, or part 
     thereof, will reduce the long-term cost to the United States 
     of utility services provided by the utility system; and
       ``(iii) the economic benefit analysis under clause (i) and 
     the cost reduction analysis under clause (ii) incorporate 
     margins of error in the estimates, based upon guidance 
     approved by the Secretary of Defense that minimize any 
     underestimation of the costs resulting from privatization of 
     the utility system, or part thereof, or any overestimation of 
     the costs resulting from continued Government ownership and 
     management of the utility system, or part thereof; and
       ``(B) the end of the 21-day period beginning on the date on 
     which the economic analysis prepared under subparagraph (A) 
     with respect to the conveyance of the utility system, or part 
     thereof, is received by the congressional defense committees 
     or, if over earlier, the end of the 14-day period beginning 
     on the date on which a copy of the economic analysis is 
     provided in an electronic medium pursuant to section 480 of 
     this title.''.
       (b) Consideration.--Subsection (c)(1) of such section is 
     amended by striking ``shall'' and inserting ``may''.
       (c) Duration of Utility Services Contracts in Connection 
     With Conveyances.--Such section is further amended--
       (1) by redesignating subsections (d) through (i) as 
     subsections (e) through (j), respectively; and

[[Page H12848]]

       (2) by redesignating paragraph (3) of subsection (c) as 
     subsection (d) and, in such subsection (as so redesignated)--
       (A) by striking ``A contract'' and inserting ``Contracts 
     for Utility Services.--(1) Except as provided in paragraph 
     (2), a contract'';
       (B) by striking ``paragraph (1)'' and inserting 
     ``subsection (c)'';
       (C) by striking ``50 years.'' and inserting ``10 years.''; 
     and
       (D) by adding at the end the following new paragraph:
       ``(2) The Secretary of Defense, or the designee of the 
     Secretary, may authorize a contract for utility services 
     described in paragraph (1) to have a term in excess of 10 
     years, but not to exceed 50 years, if the Secretary 
     determines that a contract for a longer term will be cost 
     effective. The economic analysis submitted to the 
     congressional defense committees under subsection (a)(2) for 
     the conveyance of the utility system, or part thereof, with 
     regard to which the utility services contract will be entered 
     into by the Secretary concerned shall include the 
     determination required by this paragraph, an explanation of 
     the need for the longer term contract, and a comparison of 
     costs between a 10-year contract and the longer-term 
     contract.''.
       (d) Conforming Amendments.--Such section is further 
     amended--
       (1) in subsection (f), as redesignated by subsection 
     (c)(1), by striking the second sentence; and
       (2) in subsection (h), as redesignated by subsection 
     (c)(1), by striking ``subsection (e)'' and inserting 
     ``subsection (a)(2)''.
       (e) Temporary Limitation on Use of Conveyance Authority.--
     During each of fiscal years 2006 and 2007, the number of 
     utility systems, or parts of utility systems, for which 
     conveyance contracts may be entered into under section 2688 
     of title 10, United States Code, shall not exceed 25 percent 
     of the total number of utility systems that, as of the date 
     of the enactment of this Act, have been determined to be 
     eligible for conveyance under such section, but have not yet 
     been conveyed.
       (f) Report on Use of Conveyance Authority.--Not later than 
     April 1, 2006, the Secretary of Defense shall submit to the 
     congressional defense committees a report describing the use 
     of section 2688 of title 10, United States Code, to convey 
     utility systems, or parts of utility systems. The report 
     shall contain the following:
       (1) A discussion of the methodology by which a military 
     department conducts the economic analyses of proposed utility 
     system conveyances under section 2688 of title 10, United 
     States Code, including the economic analyses referred to in 
     subsection (a)(2) of such section, and any guidance issued by 
     the Department of Defense related to conducting such economic 
     analyses.
       (2) A list of the steps taken to ensure the reliability of 
     completed economic analyses, including post-conveyance 
     reviews of actual costs and savings to the United States 
     versus the costs and savings anticipated in the economic 
     analyses.
       (3) A review of the costs and savings to the United States 
     resulting from each utility system conveyance carried out 
     under such section.
       (4) A discussion of the feasibility of obtaining 
     consideration equal to the fair market value of a conveyed 
     utility system, as authorized by subsection (c) of such 
     section, and any guidance issued by the Department of Defense 
     related to implementing that requirement, and the effect of 
     that requirement and guidance on the costs and savings to the 
     United States resulting from procuring by contract the 
     utility services provided by the utility system.
       (5) A discussion of the effects that permanent conveyance 
     of ownership in a utility system may have on the ability of 
     the Secretary of a military department to renegotiate 
     contracts for utility services provided by the utility system 
     or to procure such services from another source.
       (6) A comparison of the value of contracts to permanently 
     convey ownership in a utility system versus contracts that 
     include reversion of the utility system to Government 
     ownership at the end of a specified contractual period, with 
     regards to contract terms, short- and long-term costs to the 
     Government, system condition at the end of a contract, 
     liability and costs associated with termination before the 
     end of a contract, and available courses of action to address 
     problems and other issues raised during and after the 
     contractual period.
       (7) A discussion of the efforts and direction within the 
     Department of Defense to oversee the implementation and use 
     of the utility system conveyance authority under this section 
     and to ensure the adequacy of utilities services for a 
     military installation after conveyance of a utility system.
       (8) A discussion of the effect of utility system 
     conveyances on the operating budgets of military 
     installations at which the conveyances were made.
       (g) Temporary Suspension of Conveyance Authority.--If the 
     report required by subsection (f) is not submitted to the 
     congressional defense committees by the date specified in 
     such subsection, the Secretary of a military department may 
     not convey a utility system, including any part of a utility 
     system, under subsection (a) of section 2688 of title 10, 
     United States Code, or make a contribution under subsection 
     (h) of such section toward the cost of construction, repair, 
     or replacement of a utility system by another entity until 
     the end of the 30-day period beginning on the date on which 
     the report is finally submitted.
       (h) Comptroller General Review.--Not later than August 1, 
     2006, the Comptroller General shall submit to the 
     congressional defense committees a report evaluating the 
     changes made by the Department of Defense since May 2005 to 
     the utility systems conveyance program authorized by section 
     2688 of title 10, United States Code, and the effects of 
     those changes and containing such recommendations for 
     additional changes as the Comptroller General considers 
     necessary.

     SEC. 2824. REPORT ON APPLICATION OF FORCE PROTECTION AND 
                   ANTI-TERRORISM STANDARDS TO LEASED FACILITIES.

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

     SEC. 2825. REPORT ON USE OF GROUND SOURCE HEAT PUMPS AT 
                   DEPARTMENT OF DEFENSE FACILITIES.

       (a) Report Required.--Not later than July 1, 2006, 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.
                Subtitle C--Base Closure and Realignment

     SEC. 2831. ADDITIONAL REPORTING REQUIREMENTS REGARDING BASE 
                   CLOSURE PROCESS AND USE OF DEPARTMENT OF 
                   DEFENSE BASE CLOSURE ACCOUNTS.

       (a) Information on Future Receipts and Expenditures.--
       (1) 1990 account.--Section 2906(c)(1) of the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``committees of the amount'' and inserting 
     ``committees of--
       ``(i) the amount'';
       (ii) by striking ``such fiscal year and of the amount'' and 
     inserting ``such fiscal year;
       ``(ii) the amount''; and
       (iii) by striking ``such fiscal year.'' and inserting 
     ``such fiscal year;
       ``(iii) the amount and nature of anticipated deposits to be 
     made into, and the anticipated expenditures to be made from, 
     the Account during the first fiscal year commencing after the 
     submission of the report; and
       ``(iv) the amount and nature of anticipated expenditures to 
     be made pursuant to section 2905(a) during the first fiscal 
     year commencing after the submission of the report.''; and
       (B) in subparagraph (B)--
       (i) in clause (i), by inserting ``and installation'' after 
     ``subaccount''; and
       (ii) by adding at the end the following new clause:
       ``(v) An estimate of the net revenues to be received from 
     property disposals to be completed during the first fiscal 
     year commencing after the submission of the report at 
     military installations the date of approval of closure or 
     realignment of which is before January 1, 2005.''.
       (2) 2005 account.--Section 2906A(c)(1) of such Act is 
     amended--
       (A) in subparagraph (A)--
       (i) by striking ``committees of the amount'' and inserting 
     ``committees of--
       ``(i) the amount'';
       (ii) by striking ``such fiscal year and of the amount'' and 
     inserting ``such fiscal year;
       ``(ii) the amount''; and
       (iii) by striking ``such fiscal year.'' and inserting 
     ``such fiscal year;
       ``(iii) the amount and nature of anticipated deposits to be 
     made into, and the anticipated expenditures to be made from, 
     the Account during

[[Page H12849]]

     the first fiscal year commencing after the submission of the 
     report; and
       ``(iv) the amount and nature of anticipated expenditures to 
     be made pursuant to section 2905(a) during the first fiscal 
     year commencing after the submission of the report.''; and
       (B) in subparagraph (B)--
       (i) in clause (i), by inserting ``and installation'' after 
     ``subaccount''; and
       (ii) by adding at the end the following new clause:
       ``(v) An estimate of the net revenues to be received from 
     property disposals to be completed during the first fiscal 
     year commencing after the submission of the report at 
     military installations the date of approval of closure or 
     realignment of which is after January 1, 2005.''.
       (b) Information on BRAC Process.--Section 2907 of such Act 
     is amended--
       (1) by striking ``fiscal year 1993'' and inserting ``fiscal 
     year 2007'';
       (2) by striking ``and'' at the end of paragraph (1);
       (3) by striking the period at the end of paragraph (2) and 
     inserting a semicolon; and
       (4) by adding at the end the following new paragraphs:
       ``(3) a description of the closure or realignment actions 
     already carried out at each military installation since the 
     date of the installation's approval for closure or 
     realignment under this part and the current status of the 
     closure or realignment of the installation, including 
     whether--
       ``(A) a redevelopment authority has been recognized by the 
     Secretary for the installation;
       ``(B) the screening of property at the installation for 
     other Federal use has been completed; and
       ``(C) a redevelopment plan has been agreed to by the 
     redevelopment authority for the installation;
       ``(4) a description of redevelopment plans for military 
     installations approved for closure or realignment under this 
     part, the quantity of property remaining to be disposed of at 
     each installation as part of its closure or realignment, and 
     the quantity of property already disposed of at each 
     installation;
       ``(5) a list of the Federal agencies that have requested 
     property during the screening process for each military 
     installation approved for closure or realignment under this 
     part, including the date of transfer or anticipated transfer 
     of the property to such agencies, the acreage involved in 
     such transfers, and an explanation for any delays in such 
     transfers;
       ``(6) a list of known environmental remediation issues at 
     each military installation approved for closure or 
     realignment under this part, including the acreage affected 
     by these issues, an estimate of the cost to complete such 
     environmental remediation, and the plans (and timelines) to 
     address such environmental remediation; and
       ``(7) an estimate of the date for the completion of all 
     closure or realignment actions at each military installation 
     approved for closure or realignment under this part.''.

     SEC. 2832. EXPANDED AVAILABILITY OF ADJUSTMENT AND 
                   DIVERSIFICATION ASSISTANCE FOR COMMUNITIES 
                   ADVERSELY AFFECTED BY MISSION REALIGNMENTS IN 
                   BASE CLOSURE PROCESS.

       (a) Eligibility Requirements.--Subsection (b)(3) of section 
     2391 of title 10, United States Code, is amended--
       (1) by striking ``significantly reduced operations of a 
     defense facility'' and inserting ``realignment of a military 
     installation'';
       (2) by striking ``cancellation,'' and inserting ``closure 
     or realignment, cancellation or''; and
       (3) by striking ``community'' and all that follows through 
     the period at the end and inserting ``community or its 
     residents.''.
       (b) Military Installation and Realignment Defined.--
     Paragraph (1) of subsection (d) of such section is amended to 
     read as follows:
       ``(1) The terms `military installation' and `realignment' 
     have the meanings given those terms in section 2687(e) of 
     this title.''.

     SEC. 2833. TREATMENT OF INDIAN TRIBAL GOVERNMENTS AS PUBLIC 
                   ENTITIES FOR PURPOSES OF DISPOSAL OF REAL 
                   PROPERTY RECOMMENDED FOR CLOSURE IN JULY 1993 
                   BRAC COMMISSION REPORT.

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

     SEC. 2834. TERMINATION OF PROJECT AUTHORIZATIONS FOR MILITARY 
                   INSTALLATIONS APPROVED FOR CLOSURE IN 2005 
                   ROUND OF BASE REALIGNMENTS AND CLOSURES.

       (a) Project Termination.--An authorization for a military 
     construction project, land acquisition, or family housing 
     project contained in title XXI, XXII, XXIII, or XXIV of this 
     Act or in an Act authorizing funds for a prior fiscal year 
     for military construction projects, land acquisition, and 
     family housing projects (and authorizations of appropriations 
     therefor) shall terminate and no longer constitute authority 
     under section 2676, 2802, 2821, or 2822 of title 10, United 
     States Code, to carry out the military construction project, 
     land acquisition, or family housing project if the project is 
     located at a military installation that is approved for 
     closure or adverse realignment or established as an enclave 
     in 2005 under the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note).
       (b) Exceptions.--Subsection (a) shall not apply to an 
     authorization for a military construction project, land 
     acquisition, or family housing project (and authorizations of 
     appropriations therefor) if the Secretary of Defense 
     determines that--
       (1) the cost to the United States to carry out the project 
     would be less than the cost to the United States of canceling 
     the project;
       (2) the project remains necessary to support functions at a 
     military installation either before, during, or after the 
     closure or realignment of the installation or the 
     establishment of the installation as an enclave;
       (3) in the case of an installation established as an 
     enclave to which future missions may be designated, the 
     project is necessary to support enclave functions or future 
     missions after their designation; or
       (4) the project is vital to the national security or to the 
     protection of health, safety, or the quality of the 
     environment.
       (c) Notice and Wait Requirement.--When a decision is made 
     to carry out a military construction project, land 
     acquisition, or family housing project under subsection (b), 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report explaining the decision, 
     including the justification for the project and the current 
     estimate of the cost of the project. The project may then be 
     carried out only after the end of the 21-day period beginning 
     on the date the report is received by such committees or, if 
     earlier, the end of the 14-day period beginning on the date 
     on which a copy of the report is provided in an electronic 
     medium pursuant to section 480 of title 10, United States 
     Code. In the case of a project described in subsection 
     (b)(4), advance notification is not required, but the 
     Secretary shall notify such committees within seven days 
     after first obligating funds for the project.

     SEC. 2835. REQUIRED CONSULTATION WITH STATE AND LOCAL 
                   ENTITIES ON ISSUES RELATED TO INCREASE IN 
                   NUMBER OF MILITARY PERSONNEL AT MILITARY 
                   INSTALLATIONS.

       If the base closure and realignment decisions of the 2005 
     round of base closures and realignments under the Defense 
     Base Closure and Realignment Act of 1990 (part A of title 
     XXIX of Public Law 101-510; 10 U.S.C. 2687 note) or the 
     Integrated Global Presence and Basing Strategy would result 
     in an increase in the number of members of the Armed Forces 
     assigned to a military installation, the Secretary of 
     Defense, during the development of the plans to implement the 
     decisions or strategy with respect to that installation, 
     shall consult with appropriate State and local entities to 
     ensure that matters affecting the local community, including 
     requirements for transportation, utility infrastructure, 
     housing, education, and family support activities, are 
     considered.

     SEC. 2836. SENSE OF CONGRESS REGARDING INFRASTRUCTURE AND 
                   INSTALLATION REQUIREMENTS FOR TRANSFER OF UNITS 
                   AND PERSONNEL FROM CLOSED AND REALIGNED 
                   MILITARY INSTALLATIONS TO RECEIVING LOCATIONS.

       (a) Findings.--Congress finds the following:
       (1) The decisions of the 2005 round of base closures and 
     realignments and the Integrated Global Presence and Basing 
     Strategy will result in the permanent change of station and 
     relocation of hundreds of thousands of members of the Armed 
     Forces and their families over the next six years.
       (2) Critical quality-of-life concerns for military families 
     related to the infrastructure and installation requirements 
     to support the restructuring of the Armed Forces include 
     adequate housing and continued access to quality education 
     facilities and child care, health care, and other services.
       (3) By ensuring that facilities and infrastructure are 
     maintained at closing installations pending the actual change 
     of station and relocation of members of the Armed Forces and 
     their families and that adequate permanent facilities and 
     infrastructure await them at the receiving installations, 
     disruptions to unit operational effectiveness will be 
     minimized and the quality of life of military families will 
     be protected.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense should seek to ensure that the 
     permanent facilities and infrastructure necessary to support 
     the mission of the Armed Forces and the quality-of-life needs 
     of members of the Armed Forces and their families are ready 
     for use at receiving locations before units are transferred 
     to such locations as a result of the 2005 round of base 
     closures and realignments and the Integrated Global Presence 
     and Basing Strategy.

     SEC. 2837. DEFENSE ACCESS ROAD PROGRAM AND MILITARY 
                   INSTALLATIONS AFFECTED BY DEFENSE BASE CLOSURE 
                   PROCESS OR INTEGRATED GLOBAL PRESENCE AND 
                   BASING STRATEGY.

       (a) Sense of Congress.--It is the sense of Congress that 
     roads leading onto a military installation that is 
     significantly impacted by an increase in the number of 
     members of the Armed Forces assigned to the installation as a 
     result of the 2005 round of defense base closure and 
     realignment under the Defense Base Closure and Realignment 
     Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
     U.S.C. 2687 note) or the Integrated Global Presence and 
     Basing Strategy should be considered for designation as 
     defense access roads for purposes of section 210 of title 23, 
     United States Code.
       (b) Study of Surface Transportation Infrastructure of 
     Affected Installations.--The Secretary of Defense shall 
     conduct a study--
       (1) to identify each military installation, if any, that 
     will be significantly impacted by an increase in the number 
     of members of the Armed Forces assigned to the installation 
     as a result of the 2005 round of defense base closure and 
     realignment under the Defense Base Closure and Realignment 
     Act of 1990 or the Integrated Global Presence and Basing 
     Strategy; and
       (2) to determine whether the existing surface 
     transportation infrastructure at each installation identified 
     under paragraph (1) is adequate

[[Page H12850]]

     to support the increased vehicular traffic associated with 
     the increase in the number of defense personnel described in 
     that paragraph.
       (c) Report.--Not later than April 15, 2007, the Secretary 
     shall submit to the congressional defense committees a report 
     containing the results of the study conducted under 
     subsection (b).

     SEC. 2838. SENSE OF CONGRESS ON REVERSIONARY INTERESTS 
                   INVOLVING REAL PROPERTY AT NAVY HOMEPORTS.

       It is the sense of Congress that, in implementing the 
     decisions made with respect to Navy homeports as part of the 
     2005 round of defense base closures and realignments, the 
     Secretary of the Navy should, when consistent with Federal 
     policy supporting cost-free conveyances of Federal surplus 
     property suitable for use to provide a public benefit, 
     release or otherwise relinquish any entitlement to receive, 
     pursuant to any agreement providing for such payment, 
     compensation from any holder of a reversionary interest in 
     real property used by the United States for improvements made 
     to the property.
                      Subtitle D--Land Conveyances

                        PART 1--ARMY CONVEYANCES

     SEC. 2841. LAND CONVEYANCE, CAMP NAVAJO, ARIZONA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey, without consideration, to the Department of Veterans' 
     Services of the State of Arizona (in this section referred to 
     as the ``Department'') all right, title, and interest of the 
     United States in and to a parcel of real property, including 
     any improvements thereon, consisting of approximately 80 
     acres at Camp Navajo, Arizona, for the purpose of permitting 
     the Department to establish a State-run cemetery for 
     veterans.
       (b) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection (a) 
     is not being used in accordance with the purpose of the 
     conveyance specified in such subsection, all right, title, 
     and interest in and to the property shall revert, at the 
     option of the Secretary, to the United States, and the United 
     States shall have the right of immediate entry onto the 
     property. Any determination of the Secretary under this 
     subsection shall be made on the record after an opportunity 
     for a hearing.
       (c) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     Department to cover costs to be incurred by the Secretary, or 
     to reimburse the Secretary for costs incurred by the 
     Secretary, to carry out the conveyance under subsection (a), 
     including survey costs, costs related to environmental 
     documentation, and other administrative costs related to the 
     conveyance. If amounts are collected from the Department 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 Department.
       (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.
       (d) Description of Real Property.--The exact acreage and 
     legal description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2842. LAND CONVEYANCE, IOWA ARMY AMMUNITION PLANT, 
                   MIDDLETOWN, IOWA.

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

     SEC. 2843. LAND CONVEYANCE, HELENA, MONTANA.

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

     SEC. 2844. LEASE AUTHORITY, ARMY HERITAGE AND EDUCATION 
                   CENTER, CARLISLE, PENNSYLVANIA.

       Section 2866 of the Military Construction Authorization Act 
     for Fiscal Year 2002 (division B of Public Law 107-107; 115 
     Stat. 1333) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Lease of Facility.--(1) Under such terms and 
     conditions as the Secretary considers appropriate, the 
     Secretary may lease portions of the facility to the Military 
     Heritage Foundation to be used by the Foundation, consistent 
     with the agreement referred to in subsection (a), for--
       ``(A) generating revenue for activities of the facility 
     through rental use by the public, commercial and nonprofit 
     entities, State and local governments, and other Federal 
     agencies; and
       ``(B) such administrative purposes as may be necessary for 
     the support of the facility.
       ``(2) The annual amount of consideration paid to the 
     Secretary by the Military Heritage Foundation for a lease 
     under paragraph (1) may not exceed an amount equal to the 
     actual cost, as determined by the Secretary, of the annual 
     operations and maintenance of the facility.
       ``(3) Amounts paid under paragraph (2) may be used by the 
     Secretary, in such amounts as provided in advance in 
     appropriation Acts, to cover the costs of operation of the 
     facility.''.

     SEC. 2845. LAND EXCHANGE, FORT HOOD, TEXAS.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to Central Texas College (in this section referred to 
     as the ``College'') all right, title, and interest of the 
     United States in and to a parcel of real property, including 
     any improvements thereon, consisting of approximately 40 
     acres at Fort Hood, Texas.
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the College shall convey to the 
     Secretary all right, title, and interest of the College in 
     and to one or more parcels of real property acceptable to the 
     Secretary and consisting of a total of approximately 158 
     acres. The fair market value of the real property received by 
     the Secretary under this subsection shall be at least equal 
     to the fair market value of the real property conveyed under 
     subsection (a), as determined by the Secretary.
       (c) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     College to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out

[[Page H12851]]

     the land exchange under this section, including survey costs, 
     costs related to environmental documentation, and other 
     administrative costs related to the exchange. If amounts are 
     collected from the College 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 College.
       (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 land exchange. Amounts so 
     credited shall be merged with amounts in such fund or 
     account, and shall be available for the same purposes, and 
     subject to the same conditions and limitations, as amounts in 
     such fund or account.
       (d) Description of Property.--The exact acreage and legal 
     description of the real property to be exchanged under this 
     section shall be determined by surveys satisfactory to the 
     Secretary.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the land exchange under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2846. MODIFICATION OF LAND CONVEYANCE, ENGINEER PROVING 
                   GROUND, FORT BELVOIR, VIRGINIA.

       (a) Consideration.--Subsection (b)(4) of section 2836 of 
     the Military Construction Authorization Act for Fiscal Year 
     2002 (division B of Public Law 107-107; 115 Stat. 1314) is 
     amended by striking ``, jointly determined'' and all that 
     follows through ``Ground'' and inserting ``equal to 
     $3,880,000''.
       (b) Replacement of Fire Station.--Subsection (d) of such 
     section is amended--
       (1) in paragraph (1)--
       (A) by striking ``Building 5089'' and inserting ``Building 
     191''; and
       (B) by striking ``paragraphs (2) and (3)'' and inserting 
     ``paragraph (2)'';
       (2) in paragraph (2), by striking ``Building 5089'' and 
     inserting ``Building 191''; and
       (3) by striking paragraph (3).

     SEC. 2847. LAND CONVEYANCE, FORT BELVOIR, VIRGINIA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the Commonwealth of Virginia (in this section 
     referred to as the ``Commonwealth'') all right, title, and 
     interest of the United States in and to up to three parcels 
     of real property at Fort Belvoir, Virginia, consisting of 
     approximately 2.5 acres and located on the alignment of State 
     Route 618 (also known as the Woodlawn Road) and both the east 
     and west sides of the intersection of State Route 618 and 
     U.S. Highway No. 1 (in this section referred to as the 
     ``Woodlawn Road parcels''), for the purpose of allowing the 
     Commonwealth, the National Trust for Historic Preservation 
     (in this section referred to as the ``Trust''), and Fairfax 
     County, Virginia, to enter into an agreement regarding the 
     conveyance from the Trust of a parcel of real property 
     located on the west side of Old Mill Road, consisting of 
     approximately two acres and extending between the 
     intersection of Old Mill Road and Pole Road and the 
     intersection of Mount Vernon Highway and U.S. Highway No. 1.
       (b) Consideration.--
       (1) In general.--As consideration for the conveyance of the 
     Woodlawn Road parcels under subsection (a), the Secretary 
     shall receive, whether by cash payment, in-kind 
     consideration, or a combination thereof, an amount that is 
     not less than the fair market value of the conveyed property, 
     as determined by an appraisal of the property acceptable to 
     the Secretary.
       (2) Disposition of funds.--Cash consideration received by 
     the Secretary under paragraph (1) shall be deposited in the 
     special account in the Treasury established under subsection 
     (b) of section 572 of title 40, United States Code, and shall 
     be available in accordance with paragraph (5)(B)(i) of such 
     subsection.
       (c) Payment of Costs of Conveyance.--
       (1) Authority to require payment.--The Secretary may 
     require the Commonwealth to cover costs to be incurred by the 
     Secretary, or to reimburse the Secretary for costs incurred 
     by the Secretary, to carry out the conveyance of the Woodlawn 
     Road parcels under subsection (a), including survey costs, 
     costs related to environmental documentation, and other 
     administrative costs related to the conveyance. If amounts 
     are collected from the Commonwealth 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 Commonwealth.
       (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.
       (d) Description of Property.--The exact acreage and legal 
     description of the Woodlawn Road parcels shall be determined 
     by surveys satisfactory to the Secretary.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyances under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2848. LAND CONVEYANCE, ARMY RESERVE CENTER, BOTHELL, 
                   WASHINGTON.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the Snohomish County Fire Protection District #10 
     (in this section referred to as the ``Fire District'') all 
     right, title, and interest of the United States in and to a 
     parcel of real property, including any improvements thereon, 
     consisting of approximately one acre at the Army Reserve 
     Center in Bothell, Washington, and currently occupied, in 
     part, by the Queensborough Firehouse, for the purpose of 
     supporting the provision of fire and emergency medical aid 
     services.
       (b) In-Kind Consideration.--As consideration for the 
     conveyance under subsection (a), the Fire District shall 
     provide in-kind consideration acceptable to the Secretary.
       (c) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection (a) 
     is not being used in accordance with the purpose of the 
     conveyance specified in such subsection, all right, title, 
     and interest in and to all or any portion of the property 
     shall revert, at the option of the Secretary, to the United 
     States, and the United States shall have the right of 
     immediate entry onto the property. Any determination of the 
     Secretary under this subsection shall be made on the record 
     after an opportunity for a hearing.
       (d) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the Fire 
     District to cover costs to be incurred by the Secretary, or 
     to reimburse the Secretary for costs incurred by the 
     Secretary, to carry out the conveyance under subsection (a), 
     including survey costs, costs related to environmental 
     documentation, and other administrative costs related to the 
     conveyance. If amounts are collected from the Fire District 
     in advance of the Secretary incurring the actual costs, and 
     the amount collected exceeds the costs actually incurred by 
     the Secretary to carry out the conveyance, the Secretary 
     shall refund the excess amount to the Fire District.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or 
     account, and shall be available for the same purposes, and 
     subject to the same conditions and limitations, as amounts in 
     such fund or account.
       (e) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

                        PART 2--NAVY CONVEYANCES

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

       (a) Conveyance Authorized.--Subject to subsection (c), the 
     Secretary of the Navy may convey to the County of San Diego, 
     California (in this section referred to as the ``County''), 
     all right, title, and interest of the United States in and to 
     a parcel of real property, including any improvements thereon 
     and appurtenant easements thereto, consisting of 
     approximately 230 acres along the eastern boundary of Marine 
     Corps Air Station, Miramar, California, for the purpose of 
     removing the property from the boundaries of the installation 
     and permitting the County to preserve the entire property as 
     a public passive park/recreational area known as the Stowe 
     Trail.
       (b) Consideration.--
       (1) In general.--As consideration for the conveyance under 
     subsection (a), the County shall provide the United States 
     consideration, whether by cash payment, in-kind 
     consideration, or a combination thereof, in an amount that is 
     not less than the fair market value of the conveyed real 
     property, as determined by the Secretary.
       (2) In-kind consideration.--The in-kind consideration 
     provided by the County under paragraph (1) shall include the 
     acquisition, construction, provision, improvement, 
     maintenance, repair, or restoration (including environmental 
     restoration), or combination thereof, of any facilities or 
     infrastructure relating to the security of Marine Corps Air 
     Station, Miramar, that the Secretary considers acceptable as 
     consideration under that paragraph.
       (3) Relation to other laws.--Sections 2662 and 2802 of 
     title 10, United States Code, shall not apply to any new 
     facilities or infrastructure received by the United States as 
     in-kind consideration under paragraph (2).
       (4) Notice to congress.--The Secretary shall provide 
     written notification to the congressional defense committees 
     of the types and value of consideration provided the United 
     States under paragraph (1).
       (5) Treatment of cash consideration received.--Any cash 
     payment received by the United States under paragraph (1) 
     shall be deposited in the special account in the Treasury 
     established under subsection (b) of section 572 of title 40, 
     United States Code, and shall be available in accordance with 
     paragraph (5)(B)(ii) of such subsection.
       (c) Reversionary Interest.--If the Secretary determines at 
     any time that the County is not using the property conveyed 
     under subsection (a) in accordance with the purpose of the 
     conveyance specified in such subsection, all right, title, 
     and interest in and to the property, including any 
     improvements thereon, shall revert, at the option of the 
     Secretary, to the United States, and the United States shall 
     have the right of immediate entry onto the property. Any 
     determination of the Secretary under this subsection shall be 
     made on the record after an opportunity for a hearing.

[[Page H12852]]

       (d) Release of Reversionary Interest.--The Secretary shall 
     release, without consideration, the reversionary interest 
     retained by the United States under subsection (c) if--
       (1) Marine Corps Air Station, Miramar, is no longer being 
     used for Department of Defense activities; or
       (2) the Secretary determines that the reversionary interest 
     is otherwise unnecessary to protect the interests of the 
     United States.
       (e) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     County to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a) and 
     implement the receipt of in-kind consideration under 
     subsection (b), including appraisal costs, survey costs, 
     costs related to environmental documentation, and other 
     administrative costs related to the conveyance and receipt of 
     in-kind consideration.
       (2) Treatment of amounts received.--Section 2695(c) of 
     title 10, United States Code, shall apply to any amounts 
     received by the Secretary under paragraph (1). If amounts are 
     received from the County in advance of the Secretary 
     incurring the actual costs, and the amount received exceeds 
     the costs actually incurred by the Secretary under this 
     section, the Secretary shall refund the excess amount to the 
     County.
       (f) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed by the 
     Secretary under subsection (a) shall be determined by a 
     survey satisfactory to the Secretary.
       (g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

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

       (a) Leases and Licenses Authorized.--The Secretary of the 
     Navy may lease or license to the Naval Historical Foundation 
     any portion of the facilities located at the Washington Naval 
     Yard, District of Columbia, that house the United States Navy 
     Museum for the purpose of permitting the Foundation to carry 
     out the following activities:
       (1) Generation of revenue for the United States Navy Museum 
     through the rental of facilities to the public, commercial 
     and non-profit entities, State and local governments, and 
     other Federal agencies.
       (2) Performance of administrative activities in support of 
     the United States Navy Museum.
       (b) Limitation.--Activities carried out at a facility 
     subject to a lease or license under subsection (a) must be 
     consistent with the operations of the United States Navy 
     Museum.
       (c) Consideration.--The amount of consideration paid in a 
     year by the Naval Historical Foundation to the United States 
     for the lease or license of facilities under subsection (a) 
     may not exceed the actual cost, as determined by the 
     Secretary, of the annual operation and maintenance of the 
     facilities.
       (d) Deposit and Use of Proceeds.--Consideration paid under 
     subsection (c) shall be deposited into the appropriations 
     account available for the operation and maintenance of the 
     United States Navy Museum. The Secretary may use the amounts 
     so deposited to cover costs associated with the operation and 
     maintenance of the Museum and its exhibits.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with a lease or license under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

                     PART 3--AIR FORCE CONVEYANCES

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

       (a) Conditional Authority to Purchase.--After the 
     expiration of the contract for the lease of the military 
     family housing project at Eielson Air Force Base, Alaska, 
     that was constructed under the authority of former subsection 
     (g) of section 2828 of title 10, United States Code (now 
     section 2835 of such title), as added by section 801 of the 
     Military Construction Authorization Act, 1984 (Public Law 98-
     115; 97 Stat. 782), the Secretary of the Air Force may 
     purchase the entire interest of the lessor in the project if 
     the Secretary determines that the purchase of the project is 
     in the best economic interests of the Air Force.
       (b) Consideration.--The consideration paid by the Secretary 
     to purchase the interest of the lessor under subsection (a) 
     may not exceed the fair market value of the military family 
     housing project, as determined by the Secretary.
       (c) Congressional Notification.--If a decision is made to 
     purchase the interest of the lessor in the military family 
     housing project under subsection (a), the Secretary shall 
     submit a report to the congressional defense committees 
     containing--
       (1) notice of the decision;
       (2) the economic analyses used by the Secretary to 
     determine that purchase of the project is in the best 
     economic interests of the Air Force, as required by 
     subsection (a); and
       (3) a schedule for, and an estimate of the costs and nature 
     of, any renovations or repairs that will be necessary to 
     ensure that all units in the project meet current adequate 
     housing standards.
       (d) Purchase Delay.--A contract to effectuate the purchase 
     of the military family housing project under subsection (a) 
     may be entered into by the Secretary only after--
       (1) the contract for the lease of the project expires; and
       (2) the report required by subsection (c) is submitted and 
     a 30-day period beginning on the date the report is received 
     by the congressional defense committees expires or, if 
     earlier, a 21-day period beginning on the date on which a 
     copy of the report is provided in an electronic medium 
     pursuant to section 480 of title 10, United States Code, 
     expires.

     SEC. 2862. LAND CONVEYANCE, AIR FORCE PROPERTY, JACKSONVILLE, 
                   ARKANSAS.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey to the City of Jacksonville, Arkansas (in this 
     section referred to as the ``City''), all right, title, and 
     interest of the United States in and to real property 
     consisting of approximately 45.024 acres around an existing 
     short line railroad in Pulaski County, Arkansas, for the 
     purpose of permitting the City to facilitate railroad access 
     to an industrial park to further community economic 
     development.
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the City shall pay to the United States 
     an amount equal to the fair market value of the conveyed real 
     property, as established by the assessment of the property 
     conducted under contract for the Corps of Engineers and dated 
     September 15, 2003.
       (c) Conditions of Conveyance.--The conveyance under 
     subsection (a) shall be subject to the lease agreement dated 
     October 29, 1982, as amended, between the Secretary and the 
     Missouri Pacific Railroad Company (and its successors and 
     assigns) and any other easement, lease, condition, or 
     restriction of record, including streets, roads, highways, 
     railroads, pipelines, and public utilities, insofar as the 
     easement, lease, condition, or restriction is in existence on 
     the date of the enactment of this Act and lawfully affects 
     the conveyed property.
       (d) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the City 
     to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a), including 
     survey costs, costs related to environmental documentation, 
     and other administrative costs related to the conveyance. If 
     amounts are collected from the City in advance of the 
     Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the City.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or 
     account, and shall be available for the same purposes, and 
     subject to the same conditions and limitations, as amounts in 
     such fund or account.
       (e) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (f) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 2863. 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) Payment required.--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.

     SEC. 2864. LEASE, NATIONAL IMAGERY AND MAPPING AGENCY SITE, 
                   ST. LOUIS, MISSOURI.

       (a) Lease Required.--Not later than February 28, 2006, the 
     Secretary of the Air Force shall lease to the St. Louis 
     County Port Authority of St. Louis County, Missouri (in this 
     section

[[Page H12853]]

     referred to as the ``Port District''), a parcel of real 
     property, including improvements thereon, consisting of 
     approximately 39 acres and known as the National Imagery and 
     Mapping Agency site at 8900 South Broadway, St. Louis, 
     Missouri, for the purpose of permitting the Port District to 
     use the parcel for economic development purposes. The 
     Secretary shall carry out this section in consultation with 
     the Administrator of the General Services Administration.
       (b) Rental Price.--The real property to be leased under 
     subsection (a) shall be leased at a rate equal to not less 
     than the fair market value of the property.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be leased under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary of the Air Force and the Port District.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the lease under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                       Subtitle E--Other Matters

     SEC. 2871. CLARIFICATION OF MORATORIUM ON CERTAIN 
                   IMPROVEMENTS AT FORT BUCHANAN, PUERTO RICO.

       (a) Clarification of and Exceptions to Moratorium.--Section 
     1507 of the Floyd D. Spence National Defense Authorization 
     Act for Fiscal Year 2001 (as enacted into law by Public Law 
     106-398; 114 Stat. 1654A-355) is amended--
       (1) in subsection (a), by striking ``conversion, 
     rehabilitation, extension, or improvement'' and inserting 
     ``or extension''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting ``, repair, replace, or 
     convert'' after ``maintain'';
       (B) in paragraph (2), by striking ``authorized before the 
     date of the enactment of this Act''; and
       (C) by adding at the end the following new paragraphs:
       ``(3) The construction of facilities supporting Department 
     of Defense education activities.
       ``(4) Any construction or extension required to support the 
     installation of communications equipment.''.
       (b) Rule of Construction.--The amendments made by 
     subsection (a) do not trigger the termination of the 
     moratorium on certain improvements at Fort Buchanan, Puerto 
     Rico, as provided by subsection (c) of such section.

     SEC. 2872. TRANSFER OF EXCESS DEPARTMENT OF DEFENSE PROPERTY 
                   ON SANTA ROSA AND OKALOOSA ISLAND, FLORIDA, TO 
                   GULF ISLANDS NATIONAL SEASHORE.

       (a) Findings.--Congress finds the following:
       (1) Public Law 91-660 of the 91st Congress established the 
     Gulf Islands National Seashore in the States of Florida and 
     Mississippi.
       (2) The original boundaries of the Gulf Islands National 
     Seashore encompassed certain Federal land used by the Air 
     Force and the Navy, and the use of such land was still 
     required by the Armed Forces when the seashore was 
     established.
       (3) Senate Report 91-1514 of the 91th Congress addressed 
     the relationship between these military lands and the Gulf 
     Islands National Seashore as follows: ``While the military 
     use of these lands is presently required, they remain 
     virtually free of adverse development and they are included 
     in the boundaries of the seashore so that they can be wholly 
     or partially transferred to the Department of the Interior 
     when they become excess to the needs of the Air Force.''.
       (4) Although section 2(a) of Public Law 91-660 (16 U.S.C. 
     459h-1(a)) authorized the eventual transfer of Federal land 
     within the boundaries of the Gulf Islands National Seashore 
     from the Department of Defense to the Secretary of the 
     Interior, an amendment mandating the transfer of excess 
     Department of Defense land on Santa Rosa and Okaloosa Island, 
     Florida, to the Secretary of the Interior is required to 
     ensure that the purposes of the Gulf Islands National 
     Seashore are fulfilled.
       (b) Transfer Required.--Section 7 of Public Law 91-660 (16 
     U.S.C. 459h-6) is amended--
       (1) by inserting ``(a)'' before ``There are''; and
       (2) by adding at the end the following new subsection:
       ``(b) If any of the Federal land on Santa Rosa or Okaloosa 
     Island, Florida, under the jurisdiction of the Department of 
     Defense is ever excess to the needs of the Armed Forces, the 
     Secretary of Defense shall transfer the excess land to the 
     administrative jurisdiction of the Secretary of the Interior, 
     subject to the terms and conditions acceptable to the 
     Secretary of the Interior and the Secretary of Defense. The 
     Secretary of the Interior shall administer the transferred 
     land as part of the seashore in accordance with the 
     provisions of this Act.''.

     SEC. 2873. AUTHORIZED MILITARY USES OF PAPAGO PARK MILITARY 
                   RESERVATION, PHOENIX, ARIZONA.

       The Act of April 7, 1930 (Chapter 107; 46 Stat. 142), is 
     amended in the first designated paragraph, relating to the 
     Papago Park Military Reservation, by striking ``as a rifle 
     range''.

     SEC. 2874. ASSESSMENT OF WATER NEEDS FOR PRESIDIO OF MONTEREY 
                   AND ORD MILITARY COMMUNITY.

       Not later than April 7, 2006, the Secretary of Defense 
     shall submit to Congress an interim assessment of the current 
     and reasonable future needs of the Department of the Defense 
     for water for the Presidio of Monterey and the Ord Military 
     Community.

     SEC. 2875. REDESIGNATION OF MCENTIRE AIR NATIONAL GUARD 
                   STATION, SOUTH CAROLINA, AS MCENTIRE JOINT 
                   NATIONAL GUARD BASE.

       McEntire Air National Guard Station in Eastover, South 
     Carolina, shall be known and designated as ``McEntire Joint 
     National Guard Base'' in recognition of the use of the 
     installation to house both Air National Guard and Army 
     National Guard assets. Any reference to McEntire Air National 
     Guard Station in any law, regulation, map, document, record, 
     or other paper of the United States shall be considered to be 
     a reference to McEntire Joint National Guard Base.

     SEC. 2876. SENSE OF CONGRESS REGARDING COMMUNITY IMPACT 
                   ASSISTANCE RELATED TO CONSTRUCTION OF NAVY 
                   LANDING FIELD, NORTH CAROLINA.

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

     SEC. 2877. SENSE OF CONGRESS ON ESTABLISHMENT OF BAKERS CREEK 
                   MEMORIAL.

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

         Subtitle A--National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Defense nuclear waste disposal.

                       Subtitle B--Other Matters

Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Rocky Flats Environmental Technology Site.
Sec. 3113. Report on compliance with Design Basis Threat issued by 
              Department of Energy in 2005.
Sec. 3114. Reports associated with Waste Treatment and Immobilization 
              Plant Project, Hanford Site, Richland, Washington.
Sec. 3115. Report on assistance for a comprehensive inventory of 
              Russian nonstrategic nuclear weapons.
Sec. 3116. Report on international border security programs.
Sec. 3117. Savannah River National Laboratory.
         Subtitle A--National Security Programs Authorizations

     SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Department of Energy for 
     fiscal year 2006 for the activities of the National Nuclear 
     Security Administration in carrying out programs necessary 
     for national security in the amount of $9,196,456 to be 
     allocated as follows:
       (1) For weapons activities, $6,433,936,000.
       (2) For defense nuclear nonproliferation activities, 
     $1,631,151,000.
       (3) For naval reactors, $789,500,000.
       (4) For the Office of the Administrator for Nuclear 
     Security, $341,869,000.
       (b) Authorization of New Plant Projects.--From funds 
     referred to in subsection

[[Page H12854]]

     (a) that are available for carrying out plant projects, the 
     Secretary of Energy may carry out new plant projects for the 
     National Nuclear Security Administration as follows:
       (1) For readiness in technical base and facilities, the 
     following new plant projects:
       Project 06-D-140, Readiness in Technical Base and 
     Facilities Program, project engineering and design, various 
     locations, $14,113,000.
       Project 06-D-402, replacement of Fire Stations Number 1 and 
     Number 2, Nevada Test Site, Nevada, $8,284,000.
       Project 06-D-403, tritium facility modernization, Lawrence 
     Livermore National Laboratory, Livermore, California, 
     $2,600,000.
       Project 06-D-404, remediation, restoration, and upgrade of 
     Building B-3, Nevada Test Site, Nevada, $16,000,000.
       (2) For facilities and infrastructure recapitalization, the 
     following new plant projects:
       Project 06-D-160, Facilities and Infrastructure 
     Recapitalization Program, project engineering and design, 
     various locations, $5,811,000.
       Project 06-D-601, electrical distribution system upgrade, 
     Pantex Plant, Amarillo, Texas, $4,000,000.
       Project 06-D-602, gas main and distribution system upgrade, 
     Pantex Plant, Amarillo, Texas, $3,700,000.
       Project 06-D-603, Steam Plant Life Extension Project, Y-12 
     National Security Complex, Oak Ridge, Tennessee, $729,000.
       (3) For defense nuclear nonproliferation, the following new 
     plant project:
       Project 06-D-180, Defense Nuclear Nonproliferation, project 
     engineering and design, National Security Laboratory, Pacific 
     Northwest National Laboratory, Richland, Washington, 
     $13,000,000.
       (4) For naval reactors, the following plant projects:
       Project 06-D-901, Central Office Building 2, Bettis Atomic 
     Power Laboratory, West Mifflin, Pennsylvania, $7,000,000.
       Project 05-D-900, Materials Development Facility Building, 
     Schenectady, New York, $9,900,000, of which $1,000,000 shall 
     be available for project engineering and design.

     SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Department of Energy for 
     fiscal year 2006 for defense environmental cleanup activities 
     in carrying out programs necessary for national security in 
     the amount of $6,192,371,000.
       (b) Authorization of New Plant Project.--From funds 
     referred to in subsection (a) that are available for carrying 
     out plant projects, the Secretary of Energy may carry out, 
     for defense environmental cleanup activities, the following 
     new plant project:
       Project 06-D-401, sodium bearing waste treatment project, 
     Idaho National Laboratory, Idaho Falls, Idaho, $54,270,000.

     SEC. 3103. OTHER DEFENSE ACTIVITIES.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2006 for other defense 
     activities in carrying out programs necessary for national 
     security in the amount of $641,998,000.

     SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

       Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2006 for defense nuclear 
     waste disposal for payment to the Nuclear Waste Fund 
     established in section 302(c) of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10222(c)) in the amount of $350,000,000.
                       Subtitle B--Other Matters

     SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.

       (a) Program Required.--The Atomic Energy Defense Act 
     (division D of Public Law 107-314) is amended by inserting 
     after section 4204 (50 U.S.C. 2524) the following new 
     section:

     ``SEC. 4204A. RELIABLE REPLACEMENT WARHEAD PROGRAM.

       ``(a) Program Required.--The Secretary of Energy shall 
     carry out a program, to be known as the Reliable Replacement 
     Warhead program, which will have the following objectives:
       ``(1) To increase the reliability, safety, and security of 
     the United States nuclear weapons stockpile.
       ``(2) To further reduce the likelihood of the resumption of 
     underground nuclear weapons testing.
       ``(3) To remain consistent with basic design parameters by 
     including, to the maximum extent feasible and consistent with 
     the objective specified in paragraph (2), components that are 
     well understood or are certifiable without the need to resume 
     underground nuclear weapons testing.
       ``(4) To ensure that the nuclear weapons infrastructure can 
     respond to unforeseen problems, to include the ability to 
     produce replacement warheads that are safer to manufacture, 
     more cost-effective to produce, and less costly to maintain 
     than existing warheads.
       ``(5) To achieve reductions in the future size of the 
     nuclear weapons stockpile based on increased reliability of 
     the reliable replacement warheads.
       ``(6) To use the design, certification, and production 
     expertise resident in the nuclear complex to develop reliable 
     replacement components to fulfill current mission 
     requirements of the existing stockpile.
       ``(7) To serve as a complement to, and potentially a more 
     cost-effective and reliable long-term replacement for, the 
     current Stockpile Life Extension Programs.
       ``(b) Consultation.--The Secretary of Energy shall carry 
     out the Reliable Replacement Warhead program in consultation 
     with the Secretary of Defense.''.
       (b) Report.--Not later than March 1, 2007, the Secretary of 
     Energy and the Secretary of Defense shall submit to the 
     congressional defense committees a report on the feasibility 
     and implementation of the Reliable Replacement Warhead 
     program required by section 4204a of the Atomic Energy 
     Defense Act, as added by subsection (a). The report shall--
       (1) identify existing warheads recommended for replacement 
     by 2035 with an assessment of the weapon performance and 
     safety characteristics of the replacement warheads;
       (2) discuss the relationship of the Reliable Replacement 
     Warhead program within the Stockpile Stewardship Program and 
     its impact on the current Stockpile Life Extension Programs;
       (3) provide an assessment of the extent to which a 
     successful Reliable Replacement Warhead program could lead to 
     reductions in the nuclear weapons stockpile;
       (4) discuss the criteria by which replacement warheads 
     under the Reliable Replacement Warhead program will be 
     designed to maximize the likelihood of not requiring nuclear 
     testing, as well as the circumstances that could lead to a 
     resumption of testing;
       (5) provide a description of the infrastructure, including 
     pit production capabilities, required to support the Reliable 
     Replacement Warhead program;
       (6) provide a detailed summary of how the funds made 
     available pursuant to the authorizations of appropriations in 
     this Act, and any funds made available in prior years, will 
     be used; and
       (7) provide an estimate of the comparative costs of a 
     reliable replacement warhead and the stockpile life extension 
     for the warheads identified in paragraph (1).
       (c) Interim Report.--Not later than March 1, 2006, the 
     Secretary of Energy and the Secretary of Defense shall submit 
     to the congressional defense committees an interim report on 
     the matters required to be covered by the report under 
     subsection (b).
       (d) Consultation.--The Secretary of Energy and the 
     Secretary of Defense shall prepare the reports required by 
     subsections (b) and (c) in consultation with the Nuclear 
     Weapons Council.

     SEC. 3112. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE.

       (a) Definitions.--In this section:
       (1) Essential mineral right.--The term ``essential mineral 
     right'' means a right to mine sand and gravel at Rocky Flats, 
     as depicted on the map.
       (2) Fair market value.--The term ``fair market value'' 
     means the value of an essential mineral right, as determined 
     by an appraisal performed by an independent, certified 
     mineral appraiser under the Uniform Standards of Professional 
     Appraisal Practice.
       (3) Map.--The term ``map'' means the map entitled ``Rocky 
     Flats National Wildlife Refuge'', dated July 25, 2005, and 
     available for inspection in appropriate offices of the United 
     States Fish and Wildlife Service and the Department of 
     Energy.
       (4) Natural resource damage liability claim.--The term 
     ``natural resource damage liability claim'' means a natural 
     resource damage liability claim under subsections (a)(4)(C) 
     and (f) of section 107 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9607) arising from hazardous substances releases at or from 
     Rocky Flats that, as of the date of enactment of this Act, 
     are identified in the administrative record for Rocky Flats 
     required by the National Oil and Hazardous Substances 
     Pollution Contingency Plan prepared under section 105 of that 
     Act (42 U.S.C. 9605).
       (5) Rocky flats.--The term ``Rocky Flats'' means the 
     Department of Energy facility in the State of Colorado known 
     as the ``Rocky Flats Environmental Technology Site''.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (7) Trustees.--The term ``Trustees'' means the Federal and 
     State officials designated as trustees under section 
     107(f)(2) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 
     9607(f)(2)).
       (b) Purchase of Essential Mineral Rights.--
       (1) In general.--Not later than one year after the date of 
     enactment of this Act, such amounts authorized to be 
     appropriated under subsection (c) shall be available to the 
     Secretary to purchase essential mineral rights at Rocky 
     Flats.
       (2) Conditions.--The Secretary shall not purchase an 
     essential mineral right under paragraph (1) unless--
       (A) the owner of the essential mineral right is a willing 
     seller; and
       (B) the Secretary purchases the essential mineral right for 
     an amount that does not exceed fair market value.
       (3) Limitation.--Only those funds authorized to be 
     appropriated under subsection (c) shall be available for the 
     Secretary to purchase essential mineral rights under 
     paragraph (1).
       (4) Release from liability.--A natural resource damage 
     liability claim under section 107 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9607) shall be considered to be satisfied 
     by--
       (A) the purchase by the Secretary of essential mineral 
     rights under paragraph (1) for consideration in an amount 
     equal to $10,000,000;
       (B) the payment by the Secretary to the Trustees of 
     $10,000,000; or
       (C) the purchase by the Secretary of any portion of the 
     mineral rights under paragraph (1) for--
       (i) consideration in an amount less than $10,000,000; and
       (ii) a payment by the Secretary to the Trustees of an 
     amount equal to the difference between--

       (I) $10,000,000; and
       (II) the amount paid under clause (i).

       (5) Use of funds.--
       (A) In general.--Any amounts received under paragraph (4) 
     shall be used by the Trustees for the purposes described in 
     section 107(f)(1) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9607(f)(1)), including--

[[Page H12855]]

       (i) the purchase of additional mineral rights at Rocky 
     Flats; and
       (ii) the development of habitat restoration projects at 
     Rocky Flats.
       (B) Condition.--Any expenditure of funds under this 
     paragraph shall be made jointly by the Trustees.
       (C) Additional funds.--The Trustees may use the funds 
     received under paragraph (4) in conjunction with other 
     private and public funds.
       (6) Exemption from national environmental policy act.--Any 
     purchases of mineral rights under this subsection shall be 
     exempt from the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (7) Rocky flats national wildlife refuge.--
       (A) Transfer of management responsibilities.--The Rocky 
     Flats National Wildlife Refuge Act of 2001 (16 U.S.C. 668dd 
     note; Public Law 107-107) is amended--
       (i) in section 3175--

       (I) by striking subsections (b) and (f); and
       (II) by redesignating subsections (c), (d), and (e) as 
     subsections (b), (c), and (d), respectively; and

       (ii) in section 3176(a)(1), by striking ``section 3175(d)'' 
     and inserting ``section 3175(c)''.
       (B) Boundaries.--Section 3177 of such Act is amended by 
     striking subsection (c) and inserting the following new 
     subsection:
       ``(c) Composition.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     refuge shall consist of land within the boundaries of Rocky 
     Flats, as depicted on the map--
       ``(A) entitled `Rocky Flats National Wildlife Refuge';
       ``(B) dated July 25, 2005; and
       ``(C) available for inspection in the appropriate offices 
     of the United States Fish and Wildlife Service and the 
     Department of Energy.
       ``(2) Exclusions.--The refuge does not include--
       ``(A) any land retained by the Department of Energy for 
     response actions under section 3175(c);
       ``(B) any land depicted on the map described in paragraph 
     (1) that is subject to one or more essential mineral rights 
     described in section 3112(a) of the National Defense 
     Authorization Act for Fiscal Year 2006 over which the 
     Secretary shall retain jurisdiction of the surface estate 
     until the essential mineral rights--
       ``(i) are purchased under subsection (b) of such section; 
     or
       ``(ii) are mined and reclaimed by the mineral rights 
     holders in accordance with requirements established by the 
     State of Colorado; and
       ``(C) the land depicted on the map described in paragraph 
     (1) on which essential mineral rights are being actively 
     mined as of the date of enactment of the National Defense 
     Authorization Act for Fiscal Year 2006 until--
       ``(i) the essential mineral rights are purchased; or
       ``(ii) the surface estate is reclaimed by the mineral 
     rights holder in accordance with requirements established by 
     the State of Colorado.
       ``(3) Acquisition of additional land.--Notwithstanding 
     paragraph (2), upon the purchase of the mineral rights or 
     reclamation of the land depicted on the map described in 
     paragraph (1), the Secretary shall--
       ``(A) transfer the land to the Secretary of the Interior 
     for inclusion in the refuge; and
       ``(B) the Secretary of the Interior shall--
       ``(i) accept the transfer of the land; and
       ``(ii) manage the land as part of the refuge.''.
       (c) Funding.--Of the amounts authorized to be appropriated 
     to the Secretary for the Rocky Flats Environmental Technology 
     Site for fiscal year 2006, $10,000,000 may be made available 
     to the Secretary for the purposes described in subsection 
     (b).

     SEC. 3113. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT 
                   ISSUED BY DEPARTMENT OF ENERGY IN 2005.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Energy 
     shall submit to the congressional defense committees a report 
     detailing plans for achieving compliance under the Design 
     Basis Threat issued by the Department of Energy in November 
     2005 (in this section referred to as the ``2005 Design Basis 
     Threat'').
       (b) Content.--The report required under subsection (a) 
     shall include the following:
       (1) A plan with associated annual funding requirements to 
     achieve compliance under the 2005 Design Basis Threat by 
     December 31, 2008, and sustain such compliance through the 
     Future Years Nuclear Security Plan, of all Department of 
     Energy and National Nuclear Security Administration sites 
     that contain nuclear weapons or special nuclear material.
       (2) A risk and cost analysis of the increase in security 
     requirements from the Design Basis Threat issued by the 
     Department of Energy in May 2003 to the 2005 Design Basis 
     Threat.
       (3) An evaluation of options for applying security 
     technologies and innovative protective force deployment to 
     increase the efficiency and effectiveness of efforts to 
     protect against the threats postulated in the 2005 Design 
     Basis Threat.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in classified form with an unclassified summary.
       (d) Comptroller General Review.--Not later than one year 
     after the date of the enactment of this Act, the Comptroller 
     General shall submit to the congressional defense committees 
     a report containing a review of the plan required by 
     subsection (b)(1). In conducting the review, the Comptroller 
     General shall employ probalistic risk assessment methodology 
     to access the merits of incremental risk mitigation steps 
     proposed by the Department of Energy.

     SEC. 3114. REPORTS ASSOCIATED WITH WASTE TREATMENT AND 
                   IMMOBILIZATION PLANT PROJECT, HANFORD SITE, 
                   RICHLAND, WASHINGTON.

       (a) Submission of Army Corps of Engineers Reports.--Not 
     later than 10 days after the date on which the Secretary of 
     Energy receives any report from the Army Corps of Engineers 
     documenting any evaluation or validation of costs, schedule, 
     and technical issues associated with the Waste Treatment and 
     Immobilization Plant Project at the Department of Energy 
     Hanford Site, the Secretary shall submit a copy of the report 
     to the congressional defense committees.
       (b) Inclusion of Specific Reports.--The requirement to 
     submit reports under this section includes the anticipated 
     reports from the Army Corps of Engineers--
       (1) documenting the cost validation of the estimated cost 
     to complete the project based on both constrained and 
     unconstrained funding scenarios; and
       (2) evaluating the baseline ground motion criteria.

     SEC. 3115. REPORT ON ASSISTANCE FOR A COMPREHENSIVE INVENTORY 
                   OF RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.

       (a) Findings.--Congress finds that--
       (1) there is an insufficient accounting for, and 
     insufficient security of, the nonstrategic nuclear weapons of 
     the Russian Federation; and
       (2) because of the dangers posed by that insufficient 
     accounting and security, it is in the national security 
     interest of the United States to assist the Russian 
     Federation in the conduct of a comprehensive inventory of its 
     nonstrategic nuclear weapons.
       (b) Report.--
       (1) Report required.--Not later than April 15, 2006, the 
     Secretary of Energy shall submit to Congress a report 
     containing--
       (A) the Secretary's evaluation of past and current efforts 
     by the United States to encourage or facilitate a proper 
     accounting for and securing of the nonstrategic nuclear 
     weapons of the Russian Federation; and
       (B) the Secretary's recommendations regarding the actions 
     by the United States that are most likely to lead to progress 
     in improving the accounting for, and securing of, those 
     weapons.
       (2) Consultation with secretary of defense.--The report 
     under paragraph (1) shall be prepared in consultation with 
     the Secretary of Defense.
       (3) Classification of report.--The report under paragraph 
     (1) shall be in unclassified form, but may be accompanied by 
     a classified annex.

     SEC. 3116. REPORT ON INTERNATIONAL BORDER SECURITY PROGRAMS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Energy 
     shall submit to the Committee on Armed Services of the Senate 
     and the Committee on Armed Services of the House of 
     Representatives a report on the management by the Secretaries 
     referred to in subsection (c) of border security programs in 
     the countries of the former Soviet Union and other countries.
       (b) Content.--The report required under subsection (a) 
     shall include--
       (1) a description of the roles and responsibilities of each 
     department and agency of the United States Government in 
     international border security programs;
       (2) a description of the interactions and coordination 
     among departments and agencies of the United States 
     Government that are conducting international border security 
     programs;
       (3) a description of the mechanisms and processes that 
     exist to ensure coordination, avoid duplication, and provide 
     a means to resolve conflicts or problems that might arise in 
     the implementation of international border security programs;
       (4) a discussion of whether there is existing interagency 
     guidance that addresses the roles, interactions, and dispute 
     resolution mechanisms for departments and agencies of the 
     United States Government that are conducting international 
     border security programs, and the adequacy of such guidance 
     if it exists; and
       (5) recommendations to improve the coordination and 
     effectiveness of international border security programs.
       (c) Consultation.--The Secretary of Energy shall prepare 
     the report required by subsection (a) in consultation with 
     the Secretary of Defense, the Secretary of State, and, as 
     appropriate, the Secretary of Homeland Security.

     SEC. 3117. 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.
          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.

     SEC. 3201. AUTHORIZATION.

       There are authorized to be appropriated for fiscal year 
     2006, $22,032,000 for the operation of the Defense Nuclear 
     Facilities Safety Board under chapter 21 of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2286 et seq.).
                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revisions to required receipt objectives for previously 
              authorized disposals from National Defense Stockpile.
Sec. 3303. Authorization for disposal of tungsten ores and 
              concentrates.
Sec. 3304. Disposal of ferromanganese.

     SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 
                   FUNDS.

       (a) Obligation of Stockpile Funds.--During fiscal year 
     2006, the National Defense Stockpile Manager may obligate up 
     to $52,132,000 of the funds in the National Defense Stockpile 
     Transaction Fund established under subsection (a) of section 
     9 of the Strategic and Critical Materials Stock Piling Act 
     (50 U.S.C. 98h) for the

[[Page H12856]]

     authorized uses of such funds under subsection (b)(2) of such 
     section, including the disposal of hazardous materials that 
     are environmentally sensitive.
       (b) Additional Obligations.--The National Defense Stockpile 
     Manager may obligate amounts in excess of the amount 
     specified in subsection (a) if the National Defense Stockpile 
     Manager notifies Congress that extraordinary or emergency 
     conditions necessitate the additional obligations. The 
     National Defense Stockpile Manager may make the additional 
     obligations described in the notification after the end of 
     the 45-day period beginning on the date on which Congress 
     receives the notification.
       (c) Limitations.--The authorities provided by this section 
     shall be subject to such limitations as may be provided in 
     appropriations Acts.

     SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR 
                   PREVIOUSLY AUTHORIZED DISPOSALS FROM NATIONAL 
                   DEFENSE STOCKPILE.

       (a) Disposal Authority.--Section 3303(a) of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (Public Law 105-261; 50 U.S.C. 98d note), as amended by 
     section 3302 of the Ronald W. Reagan National Defense 
     Authorization Act for Year 2005 (Public Law 108-375; 118 
     Stat. 2193), is amended--
       (1) by striking ``and'' at the end of paragraph (4); and
       (2) by striking paragraph (5) and inserting the following 
     new paragraphs:
       ``(5) $900,000,000 by the end of fiscal year 2010; and
       ``(6) $1,000,000,000 by the end of fiscal year 2013.''.
       (b) Additional Disposal Authority.--Section 3402(b) of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 50 U.S.C. 98d note), as amended by 
     section 3302 of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1788), is 
     amended--
       (1) by striking ``and'' at the end of paragraph (3); and
       (2) by striking paragraph (4) and inserting the following 
     new paragraphs:
       ``(4) $500,000,000 before the end of fiscal year 2010; and
       ``(5) $600,000,000 before the end of fiscal year 2013.''.

     SEC. 3303. AUTHORIZATION FOR DISPOSAL OF TUNGSTEN ORES AND 
                   CONCENTRATES.

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

     SEC. 3304. DISPOSAL OF FERROMANGANESE.

       (a) Disposal Authorized.--The Secretary of Defense may 
     dispose of up to 75,000 tons of ferromanganese from the 
     National Defense Stockpile during fiscal year 2006.
       (b) Contingent Authority for Additional Disposal.--If the 
     Secretary of Defense completes the disposal of the total 
     quantity of ferromanganese authorized for disposal by 
     subsection (a) before September 30, 2006, the Secretary of 
     Defense may dispose of up to an additional 25,000 tons of 
     ferromanganese from the National Defense Stockpile before 
     that date.
       (c) Certification.--The Secretary of Defense may dispose of 
     ferromanganese under the authority of subsection (b) only if 
     the Secretary submits written certification to the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives, not later than 30 
     days before the commencement of disposal, that--
       (1) the disposal of the additional ferromanganese from the 
     National Defense Stockpile is in the interest of national 
     defense;
       (2) the disposal of the additional ferromanganese will not 
     cause undue disruption to the usual markets of producers and 
     processors of ferromanganese in the United States; and
       (3) the disposal of the additional ferromanganese is 
     consistent with the requirements and purpose of the National 
     Defense Stockpile.
       (d) Delegation of Responsibility.--The Secretary of Defense 
     may delegate the responsibility of the Secretary under 
     subsection (c) to an appropriate official within the 
     Department of Defense.
       (e) National Defense Stockpile Defined.--In this section, 
     the term ``National Defense Stockpile'' means the stockpile 
     provided for in section 4 of the Strategic and Critical 
     Materials Stock Piling Act (50 U.S.C. 98c).
                 TITLE XXXIV--NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.

     SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

       (a) Amount.--There are hereby authorized to be appropriated 
     to the Secretary of Energy $18,500,000 for fiscal year 2006 
     for the purpose of carrying out activities under chapter 641 
     of title 10, United States Code, relating to the naval 
     petroleum reserves.
       (b) Period of Availability.--Funds appropriated pursuant to 
     the authorization of appropriations in subsection (a) shall 
     remain available until expended.
                  TITLE XXXV--MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2006.
Sec. 3502. Payments for State and regional maritime academies.
Sec. 3503. Maintenance and repair reimbursement pilot program.
Sec. 3504. Tank vessel construction assistance.
Sec. 3505. Improvements to the Maritime Administration vessel disposal 
              program.
Sec. 3506. Assistance for small shipyards and maritime communities.
Sec. 3507. Transfer of authority for title XI non-fishing loan 
              guarantee decisions to Maritime Administration.
Sec. 3508. Technical corrections.
Sec. 3509. United States Maritime Service.
Sec. 3510. Awards and medals.

     SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
                   2006.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006, to be available without fiscal year limitation if 
     so provided in appropriations Acts, for the use of the 
     Department of Transportation for the Maritime Administration 
     as follows:
       (1) For expenses necessary for operations and training 
     activities, $122,249,000.
       (2) For administrative expenses related to loan guarantee 
     commitments under the program authorized by title XI of the 
     Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), 
     $4,126,000.
       (3) For expenses to dispose of obsolete vessels in the 
     National Defense Reserve Fleet, including provision of 
     assistance under section 7 of Public Law 92-402, $21,000,000.

     SEC. 3502. PAYMENTS FOR STATE AND REGIONAL MARITIME 
                   ACADEMIES.

       (a) Annual Payment.--Section 1304(d)(1)(C)(ii) of the 
     Merchant Marine Act, 1936 (46 App. U.S.C. 1295c(d)(1)(C)(ii)) 
     is amended by striking ``$200,000'' and inserting ``$300,000 
     for fiscal year 2006, $400,000 for fiscal year 2007, and 
     $500,000 for fiscal year 2008 and each fiscal year 
     thereafter''.
       (b) School Ship Fuel Payment.--Section 1304(c)(2) of the 
     Merchant Marine Act, 1936 (46 App. U.S.C. 1295c(c)(2)) is 
     amended--
       (1) by striking ``The Secretary may pay to any State 
     maritime academy'' and inserting ``(A) The Secretary shall, 
     subject to the availability of appropriations, pay to each 
     State maritime academy''; and
       (2) by adding at the end the following:
       ``(B) The amount of the payment to a State maritime academy 
     under this paragraph shall not exceed--
       ``(i) $100,000 for fiscal year 2006;
       ``(ii) $200,000 for fiscal year 2007; and
       ``(iii) $300,000 for fiscal year 2008 and each fiscal year 
     thereafter.''.

     SEC. 3503. MAINTENANCE AND REPAIR REIMBURSEMENT PILOT 
                   PROGRAM.

       Section 3517 of the Maritime Security Act of 2003 (46 
     U.S.C. 53101 note) is amended to read as follows:

     ``SEC. 3517. MAINTENANCE AND REPAIR REIMBURSEMENT PILOT 
                   PROGRAM.

       ``(a) Authority to Enter Agreements.--
       ``(1) In general.--The Secretary of Transportation shall 
     carry out a pilot program under which the Secretary shall 
     enter into an agreement with 1 or more contractors under 
     chapter 531 of title 46, United States Code, regarding 
     maintenance and repair of 1 or more vessels that are subject 
     to an operating agreement under that chapter.
       ``(2) Requirement of agreement.--The Secretary shall, 
     subject to the availability of appropriations, require 1 or 
     more persons to enter into an agreement under this section as 
     a condition of awarding an operating agreement to the person 
     under chapter 531 of title 46, United States Code, for 1 or 
     more vessels that normally make port calls in the United 
     States.
       ``(b) Terms of Agreement.--An agreement under this 
     section--
       ``(1) shall require that except as provided in subsection 
     (c), all qualified maintenance or repair on the vessel shall 
     be performed in the United States;
       ``(2) shall require that the Secretary shall reimburse the 
     contractor in accordance with subsection (d) for the costs of 
     qualified maintenance or repair performed in the United 
     States; and
       ``(3) shall apply to qualified maintenance or repair 
     performed during the 5-year period beginning on the date the 
     vessel begins operating under the operating agreement under 
     chapter 531 of title 46, United States Code.
       ``(c) Exception to Requirement to Perform Work in the 
     United States.--A contractor shall not be required to have 
     qualified maintenance or repair work performed in the United 
     States under this section if--
       ``(1) the Secretary determines that there is no facility 
     capable of meeting all technical requirements of the 
     qualified maintenance or repair in the United States located 
     in the geographic area in which the vessel normally operates 
     available to perform the work in the time required by the 
     contractor to maintain its regularly scheduled service;
       ``(2) the Secretary determines that there are insufficient 
     funds to pay reimbursement under subsection (d) with respect 
     to the work; or
       ``(3) the Secretary fails to make the certification 
     described in subsection (e)(2).
       ``(d) Reimbursement.--
       ``(1) In general.--The Secretary shall, subject to the 
     availability of appropriations, reimburse a contractor for 
     costs incurred by the contractor for qualified maintenance or 
     repair performed in the United States under this section.
       ``(2) Amount.--The amount of reimbursement shall be equal 
     to the difference between--
       ``(A) the fair and reasonable cost of obtaining the 
     qualified maintenance or repair in the United States; and
       ``(B) the fair and reasonable cost of obtaining the 
     qualified maintenance or repair outside the United States, in 
     the country in which the contractor would otherwise undertake 
     the qualified maintenance or repair.
       ``(3) Determination of fair and reasonable costs.--The 
     Secretary shall determine fair and reasonable costs for 
     purposes of paragraph (2).
       ``(e) Notification Requirements.--
       ``(1) Notification by contractor.--The Secretary is not 
     required to pay reimbursement to a

[[Page H12857]]

     contractor under this section for qualified maintenance or 
     repair, unless the contractor--
       ``(A) notifies the Secretary of the intent of the 
     contractor to obtain the qualified maintenance or repair, by 
     not later than 90 days before the date of the performance of 
     the qualified maintenance or repair; and
       ``(B) includes in such notification--
       ``(i) a description of all qualified maintenance or repair 
     that the contractor should reasonably expect may be 
     performed;
       ``(ii) a description of the vessel's normal route and port 
     calls in the United States;
       ``(iii) an estimate of the cost of obtaining the qualified 
     maintenance or repair described under clause (i) in the 
     United States; and
       ``(iv) an estimate of the cost of obtaining the qualified 
     maintenance or repair described under clause (i) outside the 
     United States, in the country in which the contractor 
     otherwise would undertake the qualified maintenance or 
     repair.
       ``(2) Certification by secretary.--
       ``(A) Not later than 30 days after the date of receipt of 
     notification under paragraph (1), the Secretary shall certify 
     to the contractor--
       ``(i) whether the cost estimates provided by the contractor 
     are fair and reasonable;
       ``(ii) if the Secretary determines that such cost estimates 
     are not fair and reasonable, the Secretary's estimate of fair 
     and reasonable costs for such work;
       ``(iii) whether there are available to the Secretary 
     sufficient funds to pay reimbursement under subsection (d) 
     with respect to such work; and
       ``(iv) that the Secretary commits such funds to the 
     contractor for such reimbursement, if such funds are 
     available for that purpose.
       ``(B) If the contractor notification described in paragraph 
     (1) does not include an estimate of the cost of obtaining 
     qualified maintenance and repair in the United States, then 
     not later than 30 days after the date of receipt of such 
     notification, the Secretary shall--
       ``(i) certify to the contractor whether there is a facility 
     capable of meeting all technical requirements of the 
     qualified maintenance and repair in the United States located 
     in the geographic area in which the vessel normally operates 
     available to perform the qualified maintenance and repair 
     described in the notification by the contractor under 
     paragraph (1) in the time period required by the contractor 
     to maintain its regularly scheduled service; and
       ``(ii) if there is such a facility, require the contractor 
     to resubmit such notification with the required cost estimate 
     for such facility.
       ``(f) Regulations.--
       ``(1) Requirement to issue notice of proposed rule 
     making.--The Secretary shall--
       ``(A) by not later than 30 days after the effective date of 
     this subsection, issue a notice of proposed rule making to 
     implement this section;
       ``(B) in such notice, solicit the submission of comments by 
     the public regarding rules to implement this section; and
       ``(C) provide a period of at least 30 days for the 
     submission of such comments.
       ``(2) Interim rules.--Upon expiration of the period for 
     submission of comments pursuant to paragraph (1)(C), the 
     Secretary may prescribe interim rules necessary to carry out 
     the Secretary's responsibilities under this section. For this 
     purpose, the Secretary is excepted from compliance with the 
     notice and comment requirements of section 553 of title 5, 
     United States Code. At the time interim rules are issued, the 
     Secretary shall solicit comments on the interim rules from 
     the public and other interested persons. Such period for 
     comment shall not be less than 90 days. All interim rules 
     prescribed under the authority of this subsection that are 
     not earlier superseded by final rules shall expire no later 
     than 270 days after the effective date of this subsection.
       ``(g) Qualified Maintenance or Repair Defined.--In this 
     section the term `qualified maintenance or repair'--
       ``(1) except as provided in paragraph (2), means--
       ``(A) any inspection of a vessel that is--
       ``(i) required under chapter 33 of title 46, United States 
     Code; and
       ``(ii) performed in the period in which the vessel is 
     subject to an agreement under this section;
       ``(B) any maintenance or repair of a vessel that is 
     determined, in the course of an inspection referred to in 
     subparagraph (A), to be necessary; and
       ``(C) any additional maintenance or repair the contractor 
     intends to undertake at the same time as the work described 
     in subparagraph (B); and
       ``(2) does not include--
       ``(A) maintenance or repair not agreed to by the contractor 
     to be undertaken at the same time as the work described in 
     paragraph (1); or
       ``(B) any emergency work that is necessary to enable a 
     vessel to return to a port in the United States.
       ``(h) Annual Report.--The Secretary shall submit to the 
     Congress by not later than September 30 each year a report on 
     the program under this section. The report shall include a 
     listing of future inspection schedules for all vessels 
     included in the Maritime Security Fleet under section 53102 
     of title 46, United States Code.
       ``(i) Authorization of Appropriations.--In addition to the 
     other amounts authorized by this title, for reimbursement of 
     costs of qualified maintenance or repair under this section 
     there is authorized to be appropriated to the Secretary of 
     Transportation $19,500,000 for each of fiscal years 2006 
     through 2011.''.

     SEC. 3504. TANK VESSEL CONSTRUCTION ASSISTANCE.

       (a) Requirement to Enter Contracts.--Section 3543(a) of the 
     National Defense Authorization Act for Fiscal Year 2004 (46 
     U.S.C. 53101 note) is amended by striking ``may'' and 
     inserting ``shall, to the extent of the availability of 
     appropriations,''.
       (b) Amount of Assistance.--Section 3543(b) of the National 
     Defense Authorization Act for Fiscal Year 2004 (46 U.S.C. 
     53101 note) is amended by striking ``up to 75 percent of''.

     SEC. 3505. IMPROVEMENTS TO THE MARITIME ADMINISTRATION VESSEL 
                   DISPOSAL PROGRAM.

       (a) Repeal of Limitation on Scrapping; Comprehensive 
     Management Plan.--Section 3502 of the Floyd D. Spence 
     National Defense Authorization Act of Fiscal Year 2001 
     (enacted into law by section 1 of Public Law 106-398; 16 
     U.S.C. 5405 note; 114 Stat. 1654A-490) is amended by striking 
     subsections (c), (d), (e), and (f), and inserting the 
     following:
       ``(c) Comprehensive Management Plan.--
       ``(1) Requirement to develop plan.--The Secretary of 
     Transportation shall prepare, publish, and submit to the 
     Congress by not later than 180 days after the date of the 
     enactment of this Act a comprehensive plan for management of 
     the vessel disposal program of the Maritime Administration in 
     accordance with the recommendations made in the Government 
     Accountability Office in report number GAO-05-264, dated 
     March 2005.
       ``(2) Contents of plan.--The plan shall--
       ``(A) include a strategy and implementation plan for 
     disposal of obsolete National Defense Reserve Fleet vessels 
     (including vessels added to the fleet after the enactment of 
     this paragraph) in a timely manner, maximizing the use of all 
     available disposal methods, including dismantling, use for 
     artificial reefs, donation, and Navy training exercises;
       ``(B) identify and describe the funding and other resources 
     necessary to implement the plan, and specific milestones for 
     disposal of vessels under the plan;
       ``(C) establish performance measures to track progress 
     toward achieving the goals of the program, including the 
     expeditious disposal of ships commencing upon the date of the 
     enactment of this paragraph;
       ``(D) develop a formal decisionmaking framework for the 
     program; and
       ``(E) identify external factors that could impede 
     successful implementation of the plan, and describe steps to 
     be taken to mitigate the effects of such factors.
       ``(d) Implementation of Management Plan.--
       ``(1) Requirement to implement.--Subject to the 
     availability of appropriations, the Secretary shall implement 
     the vessel disposal program of the Maritime Administration in 
     accordance with--
       ``(A) the management plan submitted under subsection (c); 
     and
       ``(B) the requirements set forth in paragraph (2).
       ``(2) Utilization of domestic sources.--In the procurement 
     of services under the vessel disposal program of the Maritime 
     Administration, the Secretary shall--
       ``(A) use full and open competition; and
       ``(B) utilize domestic sources to the maximum extent 
     practicable.
       ``(e) Failure to Submit Plan.--
       ``(1) Private management contract for disposal of maritime 
     administration vessels.--The Secretary of Transportation, 
     subject to the availability of appropriations, shall promptly 
     award a contract using full and open competition to 
     expeditiously implement all aspects of disposal of obsolete 
     National Defense Reserve Fleet vessels.
       ``(2) Application.--This subsection shall apply beginning 
     180 days after the date of the enactment of this subsection, 
     unless the Secretary of Transportation has submitted to the 
     Congress the comprehensive plan required under subsection 
     (c).
       ``(f) Report.--No later than 1 year after the date of the 
     enactment of this subsection, and every 6 months thereafter, 
     the Secretary of Transportation, in coordination with the 
     Secretary of the Navy, shall report to the Committee on 
     Transportation and Infrastructure, the Committee on 
     Resources, and the Committee on Armed Services of the House 
     of Representatives, and to the Committee on Commerce, 
     Science, and Transportation and the Committee on Armed 
     Services of the Senate, on the progress made in implementing 
     the vessel disposal plan developed under subsection (c). In 
     particular, the report shall address the performance measures 
     required to be established under subsection (c)(2)(C).''.
       (b) Temporary Authority to Transfer Obsolete Combatant 
     Vessels to Navy for Disposal.--The Secretary of 
     Transportation shall, subject to the availability of 
     appropriations and consistent with section 1535 of title 31, 
     United States Code, popularly known as the Economy Act, 
     transfer to the Secretary of the Navy during fiscal year 2006 
     for disposal by the Navy, no fewer than 4 combatant vessels 
     in the nonretention fleet of the Maritime Administration that 
     are acceptable to the Secretary of the Navy.
       (c) Transfer of Title of Obsolete Vessels to Be Disposed of 
     as Artificial Reefs.--Paragraph (4) of section 4 of the Act 
     entitled ``An Act to authorize appropriations for the fiscal 
     year 1973 for certain maritime programs of the Department of 
     Commerce, and for related purposes'' (Public Law 92-402; 16 
     U.S.C. 1220a) is amended to read as follows:
       ``(4) the transfer would be at no cost to the Government 
     (except for any financial assistance provided under section 
     1220(c)(1) of this title) with the State taking delivery of 
     such obsolete ships and titles in an `as-is--where-is' 
     condition at such place and time designated as may be 
     determined by the Secretary of Transportation.''.

     SEC. 3506. ASSISTANCE FOR SMALL SHIPYARDS AND MARITIME 
                   COMMUNITIES.

       (a) Establishment of Program.--Subject to the availability 
     of appropriations, the Administrator of the Maritime 
     Administration shall establish a program to provide 
     assistance to State and local governments--

[[Page H12858]]

       (1) to provide assistance in the form of grants, loans, and 
     loan guarantees to small shipyards for capital improvements; 
     and
       (2) for maritime training programs in communities whose 
     economies are substantially related to the maritime industry.
       (b) Awards.--In providing assistance under the program, the 
     Administrator shall--
       (1) take into account--
       (A) the economic circumstances and conditions of maritime 
     communities; and
       (B) the local, State, and regional economy in which the 
     communities are located; and
       (2) strongly encourage State, local, and regional efforts 
     to promote economic development and training that will 
     enhance the economic viability of and quality of life in 
     maritime communities.
       (c) Use of Funds.--Assistance provided under this section 
     may be used--
       (1) to make capital and related improvements in small 
     shipyards located in or near maritime communities;
       (2) to encourage, assist in, or provide training for 
     residents of maritime communities that will enhance the 
     economic viability of those communities; and
       (3) for such other purposes as the Administrator determines 
     to be consistent with and supplemental to such activities.
       (d) Prohibited Uses.--Grants awarded under this section may 
     not be used to construct buildings or other physical 
     facilities or to acquire land unless such use is specifically 
     approved by the Administrator in support of subsection 
     (c)(3).
       (e) Matching Requirements.--
       (1) Federal funding.--Except as provided in paragraph (2), 
     Federal funds for any eligible project under this section 
     shall not exceed 75 percent of the total cost of such 
     project.
       (2) Exceptions.--
       (A) Small projects.--Paragraph (1) shall not apply to 
     grants under this section for stand alone projects costing 
     not more than $25,000. The amount under this subparagraph 
     shall be indexed to the consumer price index and modified 
     each fiscal year after the annual publication of the consumer 
     price index.
       (B) Reduction in matching requirement.--If the 
     Administrator determines that a proposed project merits 
     support and cannot be undertaken without a higher percentage 
     of Federal financial assistance, the Administrator may award 
     a grant for such project with a lesser matching requirement 
     than is described in paragraph (1).
       (f) Application.--
       (1) In general.--The Administrator shall determine who, as 
     an eligible applicant, may submit an application, at such 
     time, in such form, and containing such information and 
     assurances as the Administrator may require.
       (2) Minimum standards for payment or reimbursement.--Each 
     application submitted under paragraph (1) shall include--
       (A) a comprehensive description of--
       (i) the need for the project;
       (ii) the methodology for implementing the project; and
       (iii) any existing programs or arrangements that can be 
     used to supplement or leverage assistance under the program.
       (3) Procedural safeguards.--The Administrator, in 
     consultation with the Office of the Inspector General, shall 
     issue guidelines to establish appropriate accounting, 
     reporting, and review procedures to ensure that--
       (A) grant funds are used for the purposes for which they 
     were made available;
       (B) grantees have properly accounted for all expenditures 
     of grant funds; and
       (C) grant funds not used for such purposes and amounts not 
     obligated or expended are returned.
       (4) Project approval required.--The Administrator may not 
     award a grant under this section unless the Administrator 
     determines that--
       (A) sufficient funding is available to meet the matching 
     requirements of subsection (e);
       (B) the project will be completed without unreasonable 
     delay; and
       (C) the recipient has authority to carry out the proposed 
     project.
       (g) Audits and Examinations.--All grantees under this 
     section shall maintain such records as the Administrator may 
     require and make such records available for review and audit 
     by the Administrator.
       (h) Small Shipyard Defined.--In this section, the term 
     ``small shipyard'' means a shipyard that--
       (1) is a small business concern (within the meaning of 
     section 3 of the Small Business Act (15 U.S.C. 632); and
       (2) does not have more than 600 employees.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator of the Maritime 
     Administration for each of fiscal years 2006 through 2010 to 
     carry out this section--
       (1) $5,000,000 for training grants; and
       (2) $25,000,000 for capital and related improvement grants.

     SEC. 3507. TRANSFER OF AUTHORITY FOR TITLE XI NON-FISHING 
                   LOAN GUARANTEE DECISIONS TO MARITIME 
                   ADMINISTRATION.

       (a) In General.--Title XI of the Merchant Marine Act, 1936 
     (46 U.S.C. App. 1271 et seq.), as amended by subsection (d) 
     of this section, is amended--
       (1) by striking ``Secretary'' each place it appears and 
     inserting ``Secretary or Administrator'' in--
       (A) section 1101(c), (f), and (g);
       (B) section 1102;
       (C) section 1103(a), (b), (c), (e), (g), and (h);
       (D) section 1104A, except in--
       (i) subsection (b)(7) and the undesignated paragraph that 
     follows;
       (ii) paragraphs (1), (2), (3)(B), and (4) of subsection 
     (d);
       (iii) subsection (e)(2)(F) the second place it appears;
       (iv) subsection (j); and
       (v) subsection (n)(1) the first place it appears;
       (E) section 1104B;
       (F) section 1105(a), (b), (c), and (e);
       (G) section 1105(d) the first, second, third, fifth, and 
     last places it appears; and
       (H) sections 1108, 1109 (except the second place it appears 
     in subsection (c)), and 1113 (as redesignated by subsection 
     (d) of this section);
       (2) by striking ``Secretary'' and inserting 
     ``Administrator'' in--
       (A) section 1103(i);
       (B) section 1103(j) the first place it appears;
       (C) section 1104A(b)(7) each place it appears but not in 
     the undesignated paragraph that follows subsection (b)(7);
       (D) section 1104A(d)(1)(A) each place it appears except the 
     first;
       (E) section 1104A(d)(3) each place it appears except in 
     subparagraph (B);
       (F) section 1104A(j)(1) the first, fifth, and seventh 
     places it appears;
       (G) section 1104A(n) each place it appears except the 
     first;
       (H) section 1110 each place it appears except the first and 
     fourth places it appears in subsection (b);
       (I) section 1111(a) and (b)(2) each place it appears;
       (J) section 1111(b)(4) each place it appears except the 
     first; and
       (K) section 1112 each place it appears; and
       (3) by striking ``Secretary's'' in sections 1108(g)(1) and 
     1109(d)(3) and inserting ``Secretary's or Administrator's''.
       (b) Additional and Conforming Title XI Changes.--
       (1) Section 1101 of the Merchant Marine Act, 1936 (46 
     U.S.C. App. 1271) is amended--
       (A) by striking ``title,'' and all that follows in 
     subsection (n) and inserting ``title.''; and
       (B) by adding at the end the following:
       ``(p) The term `Administrator' means the Administrator of 
     the Maritime Administration.''.
       (2) Section 1103(j) of such Act (46 U.S.C. App. 1273(j)) is 
     amended by adding at the end the following:
     ``The Secretary of Defense shall determine whether a vessel 
     satisfies paragraphs (1) and (2) by not later than 30 days 
     after receipt of a request from the Administrator for such a 
     determination.''.
       (3) Section 1104A(d) of such Act (46 U.S.C. App. 1274(d)) 
     is amended--
       (A) by striking ``Secretary of Transportation'' in 
     paragraphs (1)(A) and (3)(B) and inserting ``Administrator'';
       (B) by striking ``the waiver'' in paragraph (4)(B) and 
     inserting ``if deemed necessary by the Secretary or 
     Administrator, the waiver'';
       (C) by striking ``the increased'' in paragraph (4)(B) and 
     inserting ``any significant increase in''.
       (4) Section 1104A(f) of such Act (46 U.S.C. App. 1273(f)) 
     is amended--
       (A) by striking ``financial structures, or other risk 
     factors identified by the Secretary or Administrator.'' in 
     paragraph (2), as amended by subsection (a) of this section, 
     and inserting ``or financial structures.'';
       (B) by striking ``financial structures, or other risk 
     factors identified by the Secretary or Administrator.'' in 
     paragraph (3), as amended by subsection (a) of this section, 
     and inserting ``or financial structures.''; and
       (C) by adding at the end the following:
       ``(5) A third party independent analysis conducted under 
     paragraph (2) shall be performed by a private sector expert 
     in assessing such risk factors who is selected by the 
     Administrator.''.
       (5) Section 1104A(j)(2) of such Act (46 U.S.C. App. 
     1273(j)(2)) is amended by striking ``The Secretary of 
     Transportation'' and inserting ``The Administrator''.
       (6) Section 1104A(m) of such Act (46 U.S.C. App. 1273(m)) 
     is amended by striking the last sentence and inserting ``If 
     the Secretary or Administrator has waived a requirement under 
     section 1104A(d), the loan agreement shall include 
     requirements for additional payments, collateral, or equity 
     contributions to meet such waived requirement upon the 
     occurrence of verifiable conditions indicating that the 
     obligor's financial condition enables the obligor to meet the 
     waived requirement.''.
       (7) Section 1104A(n)(1) of such Act (46 U.S.C. App. 
     1273(n)(1)) is amended by striking ``The Secretary of 
     Transportation'' and inserting ``The Administrator''.
       (8) Section 1111 of such Act (46 U.S.C. 1279(f)) is amended 
     by striking ``Secretary of Transportation'' each place it 
     appears and inserting ``Administrator''.
       (c) Conforming Changes in Other Statutes.--
       (1) Section 401(a) of the Ocean Shipping Reform Act of 1998 
     (46 U.S.C. App. 1273a(a)) is amended by striking ``Secretary 
     of Transportation'' and inserting ``Administrator of the 
     Maritime Administration''.
       (2) Section 101 of Public Law 85-469 (46 U.S.C. 1280) is 
     amended by inserting ``or the Administrator of the Maritime 
     Administration'' after ``Secretary''.
       (3) Section 3527 of the Maritime Security Act of 2003 (46 
     U.S.C. App. 1280b) is amended by striking ``Secretary of 
     Transportation'' and inserting ``Administrator of the 
     Maritime Administration''.
       (4) Section 3528 of the Maritime Security Act of 2003 (46 
     U.S.C. App. 1271 note) is repealed.
       (d) Technical Correction of Section Numbering.--Title XI of 
     the Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.) 
     is amended by redesignating the second sections 1111 and 
     1112, as added by section 303 of the Sustainable Fisheries 
     Act (Public Law 104-297; 110 Stat. 3616), as sections 1113 
     and 1114, respectively.

     SEC. 3508. TECHNICAL CORRECTIONS.

       (a) Intermodal Centers.--Section 9008(b)(1) of the Safe, 
     Accountable, Flexible, Efficient

[[Page H12859]]

     Transportation Equity Act: A Legacy for Users is amended by 
     striking ``section 5309(m)(1)(C)'' and inserting ``paragraphs 
     (1)(C) and (2)(C) of section 5309(m)''.
       (b) Intermodal Surface Freight Transfer Facility 
     Eligibility.--Section 9008(b)(2) of that Act is amended by 
     striking ``section 181(9)(D)'' and inserting ``181(8)(D)''.

     SEC. 3509. UNITED STATES MARITIME SERVICE.

       Section 1306(a) of the Maritime Education and Training Act 
     of 1980 (46 U.S.C. App. 1295e(a)), is amended by inserting 
     ``and to perform functions to assist the United States 
     merchant marine, as determined necessary by the Secretary,'' 
     after ``United States'' the second place it appears

     SEC. 3510. AWARDS AND MEDALS.

       Section 5(c) of the Merchant Marine Decorations and Medals 
     Act (46 U.S.C. App. 2004(c)) is amended by striking ``provide 
     at cost, or authorize for the manufacture and sale at 
     reasonable prices by private persons--'' and inserting 
     ``provide--''.

    And the Senate agree to the same.

     From the Committee on Armed Services, for consideration of 
     the House bill and the Senate amendment, and modifications 
     committed to conference:
     Duncan Hunter,
     Curt Weldon,
     Joe Hefley,
     Jim Saxton,
     John M. McHugh,
     Terry Everett,
     Roscoe Bartlett,
     Howard P. McKeon,
     Mac Thornberry,
     John N. Hostettler,
     Jim Ryun,
     Jim Gibbons,
     Robin Hayes,
     Ken Calvert,
     Rob Simmons,
     Thelma Drake,
     Ike Skelton,
     John Spratt,
     Solomon P. Ortiz,
     Lane Evans,
     Gene Taylor,
     Silvestre Reyes,
     Vic Snyder,
     Adam Smith,
     Loretta Sanchez,
     Ellen Tauscher,
     From the Permanent Select Committee on Intelligence, for 
     consideration of matters within the jurisdiction of that 
     committee under clause 11 of rule X:
     Pete Hoekstra,
     Jane Harman,
     From the Committee on Education and the Workforce, for 
     consideration of secs. 561-563, 571, and 815 of the House 
     bill, and secs. 581-584 of the Senate amendment, and 
     modifications committed to conference:
     Michael N. Castle,
     Joe Wilson,
     Rush Holt,
     From the Committee on Energy and Commerce, for consideration 
     of secs. 314, 601, 1032, and 3201 of the House bill, and 
     secs. 312, 1084, 2893, 3116, and 3201 of the Senate 
     amendment, and modifications committed to conference:
     Joe Barton,
     Paul Gillmor,
     From the Committee on Financial Services, for consideration 
     of secs. 676 and 1073 of the Senate amendment, and 
     modifications committed to conference:
     Michael G. Oxley,
     Robert W. Ney,
     From the Committee on Government Reform, for consideration of 
     secs. 322, 665, 811, 812, 820A, 822-825, 901, 1101-1106, 
     1108, title XIV, secs. 2832, 2841, and 2852 of the House 
     bill, and secs. 652, 679, 801, 802, 809E, 809F, 809G, 809H, 
     811, 824, 831, 843-845, 857, 922, 1073, 1106, and 1109 of the 
     Senate amendment, and modifications committed to conference:
     Tom Davis,
     Christopher Shays,
     From the Committee on Homeland Security, for consideration of 
     secs. 1032, 1033, and 1035 of the House bill, and sec. 907 of 
     the Senate amendment, and modifications committed to 
     conference:
     John Linder,
     Daniel E. Lungren,
     Bennie G. Thompson,
     From the Committee on International Relations, for 
     consideration of secs. 814, 1021, 1203-1206, and 1301-1305 of 
     the House bill, and secs. 803, 1033, 1203, 1205-1207, and 
     1301-1306 of the Senate amendment, and modifications 
     committed to conference:
     Henry Hyde,
     James A. Leach,
     Tom Lantos,
     From the Committee on the Judiciary, for consideration of 
     secs. 551, 673, 1021, 1043, and 1051 of the House bill, and 
     secs. 553, 615, 617, 619, 1072, 1075, 1077, and 1092 of the 
     Senate amendment, and modifications committed to conference:
     F. James Sensenbrenner,
     Steve Chabot,
     From the Committee on Resources, for consideration of secs. 
     341-346, 601, and 2813 of the House bill, and secs. 1078, 
     2884, and 3116 of the Senate amendment, and modifications 
     committed to conference:
     Richard Pombo,
     Henry E. Brown, Jr.,
     From the Committee on Science, for consideration of sec. 223 
     of the House bill and secs. 814 and 3115 of the Senate 
     amendment, and modifications committed to conference:
     Sherwood Boehlert,
     W. Todd Akin,
     Bart Gordon,
     From the Committee on Small Business, for consideration of 
     sec. 223 of the House bill, and secs. 814, 849-852, 855, and 
     901 of the Senate amendment, and modifications committed to 
     conference:
     Donald A. Manzullo,
     Sue W. Kelly,
     From the Committee on Transportation and Infrastructure, for 
     consideration of secs. 314, 508, 601, and 1032-1034 of the 
     House bill, and secs. 312, 2890, 2893, and 3116 of the Senate 
     amendment, and modifications committed to conference:
     Don Young,
     John J. Duncan, Jr.,
     John T. Salazar,
     From the Committee on Veterans Affairs, for consideration of 
     secs. 641, 678, 714, and 1085 of the Senate amendment, and 
     modifications committed to conference:
     Steve Buyer,
     Jeff Miller,
     Shelley Berkley,
     From the Committee on Ways and Means, for consideration of 
     sec. 677 of the Senate amendment, and modifications committed 
     to conference:
     William Thomas,
     Wally Herger,
     Jim McDermott,
                                Managers on the Part of the House.

     John W. Warner,
     John McCain,
     James M. Inhofe,
     Pat Roberts,
     Jeff Sessions,
     Susan Collins,
     John Ensign,
     Jim Talent,
     Saxby Chambliss,
     Lindsey Graham,
     Elizabeth Dole,
     John Cornyn,
     John Thune,
     Carl Levin,
     Ted Kennedy,
     Robert C. Byrd,
     Joseph Lieberman,
     Jack Reed,
     Daniel K. Akaka,
     Bill Nelson,
     Ben Nelson,
     Mark Dayton,
     Evan Bayh,
     H.R. Clinton,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 1815) to authorize 
     appropriations for fiscal year 2006 for military activities 
     of the Department of Defense, for military construction, and 
     for defense activities of the Department of Energy, to 
     prescribe military personnel strengths for such fiscal year, 
     and for other purposes, submit the following joint statement 
     to the House and the Senate in explanation of the effect of 
     the action agreed upon by the managers and recommended in the 
     accompanying conference report:
       The Senate amendment struck out all of the House bill after 
     the enacting clause and inserted a substitute text.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment that is a substitute for the 
     House bill and the Senate amendment. The differences between 
     the House bill, the Senate amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clarifying 
     changes.

                SUMMARY STATEMENT OF CONFERENCE ACTIONS

       The Conferees recommend authorization of appropriations for 
     fiscal year 2006 for the Department of Defense for 
     procurement; research and development; test and evaluation; 
     operation and maintenance; working capital funds; military 
     construction and family housing; and for weapons and 
     environmental restoration programs of the Department of 
     Energy; that have a budget authority implication of $441.5 
     billion for the national defense function.
       The Conferees recommend the merging authorization of 
     appropriations for the Department of Defense of $50.0 billion 
     for costs associated with ongoing contingency operations in 
     Iraq and Afghanistan; $6.6 billion for costs associated with 
     Hurricane Katrina; $130.0 million for costs associated with 
     Avian Flu; and $40.0 million for costs associated with 
     Pakistan Earthquake relief efforts.
     Summary table of authorizations
       The defense authorization act provides authorizations for 
     appropriations, but does not generally provide budget 
     authority. Budget authority is provided in the appropriations 
     act.
       In order to relate the conference recommendations to the 
     budget resolution, matters in addition to the dollar 
     authorizations contained in this bill must be taken into 
     account. A number of programs in the national defense 
     function are authorized in other legislation.
       The following table summarizes authorizations included in 
     the bill for fiscal year 2006 and, in addition, summarizes 
     the implications of the conference action for the budget 
     authority totals for national defense (budget function 050).

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            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

     Procurement overview
       The budget request for fiscal year 2006 included an 
     authorization of $76,914.8 million in Procurement for the 
     Department of Defense.
       The House bill would authorize $79,108.9 million.
       The Senate amendment would authorize $78,162.2 million.
       The conferees recommend an authorization of $76,914.0 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Aircraft procurement, Army overview
       The budget request for fiscal year 2006 included an 
     authorization of $2,800.9 million in Aircraft Procurement, 
     Army for the Department of Defense.
       The House bill would authorize $2,861.4 million.
       The Senate amendment would authorize $2,800.9 million.
       The conferees recommend an authorization of $2,792.6 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Missile procurement, Army overview
       The budget request for fiscal year 2006 included an 
     authorization of $1,270.9 million in Missile Procurement, 
     Army for the Department of Defense.
       The House bill would authorize $1,242.9 million.
       The Senate amendment would authorize $1,265.9 million.
       The conferees recommend an authorization of $1,246.9 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Procurement of weapons and tracked combat vehicles, Army 
         overview
       The budget request for fiscal year 2006 included an 
     authorization of $1,660.1 million in Procurement of Weapons 
     and Tracked Combat Vehicles, Army for the Department of 
     Defense.
       The House bill would authorize $1,602.0 million.
       The Senate amendment would authorize $1,692.5 million.
       The conferees recommend an authorization of $1,652.9 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Procurement of ammunition, Army overview
       The budget request for fiscal year 2006 included an 
     authorization of $1,720.9 million in Procurement of 
     Ammunition, Army for the Department of Defense.
       The House bill would authorize $1,750.8 million.
       The Senate amendment would authorize $1,830.7 million.
       The conferees recommend an authorization of $1,738.9 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Other Procurement, Army overview
       The budget request for fiscal year 2006 included an 
     authorization of $4,302.6 million in Other Procurement, Army 
     for the Department of Defense.
       The House bill would authorize $4,043.3 million.
       The Senate amendment would authorize $4,339.4 million.
       The conferees recommend an authorization of $4,328.9 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Aircraft Procurement, Navy overview
       The budget request for fiscal year 2006 included an 
     authorization of $10,517.1 million in Aircraft Procurement, 
     Navy for the Department of Defense.
       The House bill would authorize $10,042.5 million.
       The Senate amendment would authorize $9,946.9 million.
       The conferees recommend an authorization of $9,803.1 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Weapons Procurement, Navy overview
       The budget request for fiscal year 2006 included an 
     authorization of $2,707.8 million in Weapons Procurement, 
     Navy for the Department of Defense.
       The House bill would authorize $2,775.0 million.
       The Senate amendment would authorize $2,749.4 million.
       The conferees recommend an authorization of $2,737.8 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Procurement of Ammunition, Navy and Marine Corps overview
       The budget request for fiscal year 2006 included an 
     authorization of $872.8 million in Procurement of Ammunition, 
     Navy and Marine Corps for the Department of Defense.
       The House bill would authorize $869.8 million.
       The Senate amendment would authorize $892.8 million.
       The conferees recommend an authorization of $867.5 million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Shipbuilding and Conversion, Navy overview
       The budget request for fiscal year 2006 included an 
     authorization of $8,721.2 million in Shipbuilding and 
     Conversion, Navy for the Department of Defense.
       The House bill would authorize $10,779.8 million.
       The Senate amendment would authorize $9,057.9 million.
       The conferees recommend an authorization of $8,880.6 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Other Procurement, Navy overview
       The budget request for fiscal year 2006 included an 
     authorization of $5,487.8 million in Other Procurement, Navy 
     for the Department of Defense.
       The House bill would authorize $5,634.3 million.
       The Senate amendment would authorize $5,596.2 million.
       The conferees recommend an authorization of $5,518.3 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Procurement, Marine Corps overview
       The budget request for fiscal year 2006 included an 
     authorization of $1,377.7 million in Procurement, Marine 
     Corps for the Department of Defense.
       The House bill would authorize $1,407.6 million.
       The Senate amendment would authorize $1,387.7 million.
       The conferees recommend an authorization of $1,396.7 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Aircraft procurement, Air Force overview
       The budget request for fiscal year 2006 included an 
     authorization of $11,973.9 million in Aircraft Procurement, 
     Air Force for the Department of Defense.
       The House bill would authorize $12,793.8 million.
       The Senate amendment would authorize $13,257.6 million.
       The conferees recommend an authorization of $12,862.3 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Procurement of ammunition, Air Force overview
       The budget request for fiscal year 2006 included an 
     authorization of $1,031.2 million for Procurement of 
     Ammunition, Air Force in the Department of Defense.
       The House bill would authorize $1,031.2 million.
       The Senate amendment would authorize $1,031.2 million.
       The conferees recommend an authorization of $1,021.2 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Missile procurement, Air Force overview
       The budget request for fiscal year 2006 included an 
     authorization of $5,490.3 million in Missile Procurement, Air 
     Force for the Department of Defense.
       The House bill would authorize $5,490.3 million.
       The Senate amendment would authorize $5,500.3 million.
       The conferees recommend an authorization of $5,394.6 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Other procurement, Air Force overview
       The budget request for fiscal year 2006 included an 
     authorization of $14,002.7 million in Other Procurement, Air 
     Force for the Department of Defense.
       The House bill would authorize $14,068.8 million.
       The Senate amendment would authorize $14,027.9 million.
       The conferees recommend an authorization of $14,024.7 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Procurement, Defense-wide overview
       The budget request for fiscal year 2006 included an 
     authorization of $2,677.8 million in Procurement, Defense-
     wide for the Department of Defense.
       The House bill would authorize $2,715.4 million.
       The Senate amendment would authorize $2,784.8 million.
       The conferees recommend an authorization of $2,647.0 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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[[Page H12952]]

                       Items of Special Interest

     Joint Combat Pistol program
       The conferees are aware the U.S. Special Operations Command 
     (SOCOM) has a requirement for a new .45 caliber pistol, the 
     Joint Combat Pistol (JCP) program. The conferees understand 
     that the SOCOM requirement is under review through the Joint 
     Capabilities Integration and Development System process, and 
     that the Army and the Marine Corps have expressed interest in 
     the JCP program. The conferees note that SOCOM has issued a 
     draft request for proposals (RFP) for the procurement of 
     these new pistols and that this draft RFP contains an 
     addendum for a potentially large quantity procurement. The 
     conferees are not only concerned with the potential 
     procurement of pistols in excess of the SOCOM requirement but 
     also concerned with the proliferation of service programs to 
     acquire a new combat pistol. The conferees expect the 
     Department of Defense to acquire the JCP and any other new 
     pistol in accordance with Department acquisition regulations 
     and full and open competition. The conferees direct the 
     Secretary of Defense to provide a report to the congressional 
     defense committees, no later than April 1, 2006, on the 
     acquisition strategy for pistols. The report would include an 
     analysis of alternatives for the JCP program and details on 
     the Joint Combat Pistol, Close Quarter Battle, Personal 
     Defense Weapon, and any other Department acquisition program 
     relating to military pistols. The report would also include 
     an evaluation of the costs of utilizing the current inventory 
     of serviceable M1911A1 pistols still in storage and the 
     potential option of refurbishing unserviceable M1911A1 
     pistols.

                     Legislative Provisions Adopted

              Subtitle A--Authorization of Appropriations

     Authorization of appropriations (secs. 101-104)
       The House bill contained provisions (secs. 101-104) that 
     would authorize the recommended fiscal year 2006 funding 
     levels for procurement Army, Navy, Marine Corps, Air Force, 
     and Defense-wide activities.
       The Senate amendment contained similar provisions (secs. 
     101-104).
       The conference agreement includes these provisions.

                       Subtitle B--Army Programs

     Multiyear procurement authority for utility helicopters (sec. 
         111)
       The House bill contained a provision (sec. 111) that would 
     authorize the Secretary of the Army to enter into a multiyear 
     procurement contract, beginning with fiscal year 2007, for 
     procurement of up to 461 helicopters in the UH-60M 
     configuration and, acting as the executive agent for the 
     Department of the Navy, in the MH-60S configuration.
       The Senate amendment contained a similar provision (sec. 
     113).
       The House recedes with an amendment that would authorize 
     the Secretary to enter into a multiyear contract, beginning 
     with fiscal year 2007, for the procurement of UH-60M Black 
     Hawk utility helicopters and, acting as the executive agent 
     for the Department of the Navy, enter into a multiyear 
     contract for the procurement of MH-60S Sea Hawk utility 
     helicopters. The conferees understand that the Department of 
     the Army and the Department of the Navy intend to procure 461 
     H-60 helicopters.
     Multiyear procurement authority for Modernized Target 
         Acquisition Designation Sight/Pilot Night Vision Sensors 
         for AH-64 Apache attack helicopters (sec. 112)
       The House bill contained a provision (sec. 112) that would 
     authorize the Secretary of the Army to enter into a multiyear 
     procurement contract, beginning with fiscal year 2006, for 
     procurement of the Apache Modernized Target Acquisition 
     Designation Sight/Pilot Night Vision Sensor (MTADS/PNVS).
       The Senate amendment contained a similar provision (sec. 
     112).
       The Senate recedes with an amendment that would authorize 
     the Secretary to enter into a multiyear procurement contract, 
     beginning with fiscal year 2006, for procurement of the 
     Apache MTADS/PNVS, with a 4 year limitation on the length of 
     the contract.
     Multiyear procurement authority for conversion of AH-64A 
         Apache attack helicopters to the AH-64D Block II 
         configuration (sec. 113)
       The House bill contained a provision (sec. 113) that would 
     authorize the Secretary of the Army to enter into a multiyear 
     procurement contract, beginning with fiscal year 2006, for 
     procurement of the conversion of 96 Apache helicopters to the 
     Block II configuration.
       The Senate amendment contained a similar provision (sec. 
     111).
       The Senate recedes with an amendment that would authorize 
     the Secretary to enter into a multiyear procurement contract, 
     beginning with fiscal year 2006, for procurement of the 
     conversion of AH-64A Apaches to the AH-64D Block II 
     configuration, with a 4 year limitation on the length of the 
     contract. The conferees understand that the Department of the 
     Army intends to convert at least 96 AH-64A Apache helicopters 
     to the AH-64D Block II configuration.
     Acquisition strategy for tactical wheeled vehicle programs 
         (sec. 114)
       The House bill contained a provision (sec. 114) that would 
     require the Secretary of the Army and the Secretary of the 
     Navy to enter into a joint service program for the 
     procurement of a new vehicle class of tactical wheeled 
     vehicles.
       The Senate amendment contained no similar provision.
       The Senate recedes.
       The conferees support the Army's revised strategy for 
     acquiring tactical wheeled vehicles and understand the Army 
     intends to recapitalize, modernize, and eventually replace 
     the Army's existing light, medium, and heavy tactical wheeled 
     vehicles with either a new next generation vehicle class or 
     more capable current force tactical wheeled vehicles. The 
     conferees are aware that, in some areas, the Army and Marine 
     Corps are cooperating in the development of tactical wheeled 
     vehicle replacements. However, the conferees also 
     understand that the Marine Corps has its own program to 
     replace an aging fleet of battlefield resupply vehicles, 
     the Logistics Vehicle System-Replacement program, even 
     though it appears that the Army's Palletized Load System 
     could be an adequate replacement for Marine Corps resupply 
     vehicles. The conferees believe that the Army and Marine 
     Corps can do more to coordinate tactical wheeled vehicle 
     requirements and execute a joint service program to 
     acquire tactical wheeled vehicles. The conferees encourage 
     the Army-Marine Corps Board to review the current 
     requirements for Army and Marine Corps tactical wheeled 
     vehicles with the intent to converge tactical wheeled 
     vehicle requirements and acquisition.
     Report on Army modular force initiative (sec. 115)
       The House bill contained a provision (sec. 115) that would 
     place a $3.0 billion limitation on the obligation or 
     expenditure of funds available for the acquisition programs 
     for the Army modular force initiative until the Secretary of 
     the Army submits a report to the congressional defense 
     committees that outlines the full scope and funding levels of 
     the programs considered part of the modular force initiative, 
     and a detailed accounting of the use of funds provided for 
     the modular force initiative in the 2005 emergency 
     supplemental request.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would remove the 
     funding limitation as contained in the House provision and 
     directs the Secretary of the Army to submit a report to the 
     congressional defense committees no later than 30 days after 
     the date of the submission of the fiscal year 2006 request 
     for emergency supplemental appropriations for the Department 
     of Defense to the Congress.
       The conferees have strongly supported and will continue to 
     support the Army's modular force initiative. However, the 
     conferees are concerned with modularity costs and the Army's 
     ability to support current year and outyear funding for the 
     modular force initiative. In March 2005, the Army's cost 
     estimates for its modular force initiative was $48.0 billion. 
     However, in a September 2005 report, the Government 
     Accountability Office (GAO) found that the Army's cost 
     estimate for the modularity initiative did not include $27.5 
     billion in personnel and construction costs, bringing 
     potential known costs to $75.5 billion. Minimal information 
     has been provided to the congressional defense committees on 
     defined requirements and budget detail primarily because the 
     Army modular force initiative has been funded through the use 
     of emergency supplemental requests for the Department of 
     Defense. The conferees require a greater level of detail to 
     understand the Army's modular force initiative, and direct 
     the Secretary of the Army to submit a report that would 
     specify each program in the modular force initiative and the 
     requirements, acquisition objective, funding profile, and 
     unfunded requirements for each program specified as part of 
     the Army's modular force initiative. The conferees expect the 
     Army to provide the requested information aggregated by Army 
     component.

                       Subtitle C--Navy Programs

     Virginia-class submarine program (sec. 121)
       The House bill contained a provision (sec. 121) that would 
     limit the total procurement end costs for five Virginia-class 
     submarines (SSN-779, SSN-780, SSN-781, SSN-782, and SSN-783) 
     to the cost estimates submitted for those vessels with the 
     fiscal year 2006 budget request. The provision would allow 
     the Secretary of the Navy to adjust the limitation amounts 
     for economic inflation and for changes in federal, state, or 
     local laws enacted after September 30, 2005. The provision 
     would also require the Secretary to notify Congress of any 
     adjustments made to the limitation amounts annually, with the 
     submission of the budget request for the following fiscal 
     year.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would raise the 
     amounts of the limitation for the same five Virginia-class 
     submarines to the contract ceiling prices for those five 
     submarines. In addition to the two reasons for which the 
     House bill would allow the Secretary to submit adjustments to 
     the cost limitations, the Senate amendment would allow the 
     Secretary to make adjustments for the amounts of outfitting 
     and post-delivery costs, and the amounts of increases or 
     decreases in costs of those submarines that are attributable 
     to the insertion of new technology. The amendment would, 
     however, limit those technologies that could be used for cost 
     adjustment to those that would either lower life cycle costs 
     or meet an emerging threat.

[[Page H12953]]

       The conferees direct the Secretary to submit a report to 
     the congressional defense committees, upon submission of the 
     budget request for fiscal year 2007, including a list of 
     items and activities, and their estimated costs, that would 
     be required during the outfitting and post-delivery of each 
     of the five submarines covered by this provision.
     LHA replacement (LHA(R)) amphibious assault ship program 
         (sec. 122)
       The House bill contained a provision (sec. 122) that would 
     limit the total amount obligated or expended for procurement 
     of each ship of the LHA replacement (LHA(R)) amphibious 
     assault ship program to $2.0 billion. The provision would 
     allow the Secretary of the Navy to adjust the amount for 
     certain reasons, and report on those adjustments annually 
     with the submission of the budget request. The provision 
     would also prohibit the obligation or expenditure of any 
     funds for procurement of the LHA(R) until the Secretary of 
     Defense certifies to the congressional defense committees 
     that: (1) a detailed Operational Requirements Document had 
     been approved by the Joint Requirements Oversight Council; 
     and (2) a stable design exists for the LHA(R) class of 
     vessels.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would prohibit 
     expenditure of more than 70 percent of the funds available in 
     Shipbuilding and Conversion, Navy, for the LHA(R) program, 
     until the Secretary of the Navy certifies in writing to the 
     congressional defense committees that there is an approved 
     operational requirement and a stable design for the LHA(R) 
     class of vessels.
     Cost limitation for next-generation destroyer program (sec. 
         123)
       The House bill contained a provision (sec. 123) that would 
     limit the amount of procurement funds obligated or expended 
     for each future major surface combatant, destroyer type, to 
     $1.7 billion. The provision would allow the Secretary of the 
     Navy to adjust this amount for economic inflation and for 
     changes in federal, state, or local laws enacted after 
     September 30, 2005. The provision would also require the 
     Secretary to notify Congress of any adjustments made to this 
     limitation annually, with the submission of the annual budget 
     request. The provision would authorize $700.0 million in the 
     Research, Development, Test, and Evaluation, Navy account for 
     technology development and demonstration for this ship. The 
     provision would also require the Secretary to ensure that the 
     acquisition plan for this ship would: (1) use technologies 
     from the DD(X) and CG(X) programs, as well as any other 
     technology the Secretary considers appropriate; (2) require 
     the ship to have an overall capability not less than that of 
     the flight IIA version of the Arleigh Burke (DDG-51) class 
     destroyer; and (3) posture the program to be ready for lead 
     ship procurement not later than fiscal year 2011.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would limit the 
     cost of the fifth vessel in the next-generation destroyer 
     program to $2.3 billion. In addition to the two reasons the 
     House bill would allow the Secretary to submit adjustments to 
     the cost limitation, the Senate amendment would allow the 
     Secretary to make adjustments for the amount of outfitting 
     and post-delivery costs, and the amounts of increases or 
     decreases in costs of the vessel that are attributable to the 
     insertion of new technology. The amendment would, however, 
     limit those technologies that could be used for cost 
     adjustment to those that would either lower life cycle costs 
     or meet an emerging threat. The amendment would require the 
     Secretary to start reporting any adjustment to the cost 
     limitation with the submission of the budget request for the 
     year in which a contract for detail design and construction 
     of the fifth vessel of the next-generation destroyer is 
     expected to be awarded.
       The conferees direct the Secretary to submit a report to 
     the congressional defense committees, which would accompany 
     the first report of cost limitation adjustment, that includes 
     a list of items and activities, and their estimated costs, 
     that would be required during the outfitting and post-
     delivery for this vessel.
     Littoral combat ship (LCS) program (sec. 124)
       The House bill contained a provision (sec. 124) that would 
     limit the amounts obligated or expended for each ship of the 
     Littoral Combat Ship (LCS) class, to include the amounts for 
     mission modules, to $400.0 million. The provision would allow 
     the Secretary of the Navy to adjust this amount for economic 
     inflation and for changes in federal, state, or local laws 
     enacted after September 30, 2005. The provision would also 
     require the Secretary of the Navy to notify Congress of any 
     adjustments made to this limitation annually, with the 
     submission of the annual budget request. The provision would 
     further prevent the Navy from requiring any LCS vessels or 
     LCS mission modules until the Secretary of Defense submits 
     the results of an operational evaluation of the first four 
     LCS vessels, conducted by the Director of Operational Test 
     and Evaluation, and a certification that there is a stable 
     design for LCS to the congressional defense committees.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would limit the 
     cost of the fifth and sixth vessels of the LCS-class to 
     $220.0 million, excluding amounts for elements designated by 
     the Secretary of the Navy as a mission package. In addition 
     to the two reasons the House bill would allow the Secretary 
     of the Navy to submit adjustments to the cost limitation, the 
     Senate amendment would include the amount of outfitting the 
     post-delivery costs, and the amounts of increases or 
     decreases in cost of the vessels that are attributable to the 
     insertion of new technology. The amendment would, however, 
     limit those technologies that could be used for cost 
     adjustment to those that would either lower life cycle costs 
     or meet an emerging threat. The amendment would require the 
     Secretary to start reporting any adjustment to the cost 
     limitation with the submission of the budget request for 
     the year in which a contract for detail design and 
     construction of the fifth vessel of the next-generation 
     destroyer is expected to be awarded. The amendment would 
     also require the Secretary of the Navy to report, with the 
     submission of the annual budget request, those elements 
     that are designated as mission packages for the LCS-class 
     of vessels, and their estimated cost. The amendment would 
     limit the use of funds for any LCS vessels or mission 
     packages, after the first four vessels, until the 
     Secretary of the Navy submits a certification to the 
     congressional defense committees that the LCS design is 
     stable.
       The conferees direct the Secretary of the Navy to submit a 
     report to the congressional defense committees, which would 
     accompany the first report of cost limitation adjustment, 
     that includes a list of items and activities, and their 
     estimated costs, that would be required during the outfitting 
     and post-delivery for these vessels.
     Prohibition on acquisition of next-generation destroyer 
         through a single shipyard (sec. 125)
       The Senate amendment contained a provision (sec. 121) that 
     would prohibit the acquisition of the next-generation 
     destroyer (DD(X)) through a winner-take-all acquisition 
     strategy. The provision would also prohibit the obligation or 
     expenditure of funds for the purpose of pursuing a winner-
     take-all acquisition strategy. The provision would define a 
     winner-take-all acquisition strategy as one leading to the 
     acquisition, including both design and construction, of the 
     next-generation of destroyers through a single shipyard.
       The House bill contained no similar provision.
       The House recedes with an amendment that would not specify 
     the DD(X) as the next-generation destroyer, but instead 
     define the next-generation destroyer program as that which 
     will acquire and deploy a new class of destroyers as the 
     follow-on to the Arleigh Burke-class of destroyers.
     Aircraft carrier force structure (sec. 126)
       The House bill contained a provision (sec. 128) that would 
     amend section 5062 of title 10, United States Code, by 
     inserting a new subsection that would require the naval 
     combat forces of the Navy to have no less than 12 operational 
     aircraft carriers, and would clarify that an operational 
     aircraft carrier could be one which is temporarily 
     unavailable for worldwide deployment due to routine or 
     scheduled maintenance or repair. The provision would also 
     require the Secretary of Defense to take all necessary 
     actions to ensure that the U.S.S. John F. Kennedy (CV-67) is 
     maintained in a fully mission capable status, and would 
     authorize $60.0 million in the Operations and Maintenance, 
     Navy account for the operation and routine maintenance of the 
     U.S.S. John F. Kennedy.
       The Senate amendment contained a provision (sec. 321) that 
     would authorize $288.0 million in the Operations and 
     Maintenance, Navy account from this Act and any other Act for 
     fiscal years 2005 and 2006, only for the repair and 
     maintenance to extend the life of the U.S.S. John F. Kennedy. 
     The provision would prohibit the Secretary of the Navy from 
     reducing the number of active aircraft carriers of the Navy 
     below 12 until the later of: (1) 180 days after submission of 
     the 2005 Quadrennial Defense Review, as required by section 
     118 of title 10, United States Code; or (2) the date on which 
     the Secretary of Defense, in consultation with the Chairman 
     of the Joint Chiefs of Staff, certifies to the congressional 
     defense committees that agreements have been entered into to 
     provide port facilities for the permanent forward deployment 
     of such number of aircraft carriers as is necessary in the 
     Pacific Command Area of Responsibility.
       The Senate recedes with an amendment that would amend 
     section 5062 of title 10, United States Code, by inserting a 
     new subsection that would require the naval combat forces of 
     the Navy to include no less than 12 operational aircraft 
     carriers, and would specify that an operational aircraft 
     carrier includes an aircraft carrier that is temporarily 
     unavailable for worldwide deployment due to routine or 
     scheduled maintenance or repair. The amendment would also 
     authorize up to $288.0 million in the Operations and 
     Maintenance, Navy account for repair and maintenance to 
     extend the life of the U.S.S. John F. Kennedy.
     Refueling and complex overhaul of the U.S.S. Carl Vinson 
         (sec. 127)
       The House bill contained a provision (sec. 126) that would 
     authorize approximately $1.5 billion from the Shipbuilding 
     and Conversion, Navy account as the first increment of

[[Page H12954]]

     the nuclear refueling and complex overhaul (RCOH) of the 
     U.S.S. Carl Vinson. The provision would authorize the 
     Secretary of the Navy to enter into a contract during fiscal 
     year 2006 for this RCOH, but would also require as a 
     condition of this contract that any obligation of the United 
     States to make a payment under the contract for a fiscal year 
     after fiscal year 2006 is subject to the availability of 
     appropriations.
       The Senate amendment contained a similar provision (sec. 
     124).
       The Senate recedes with an amendment that would authorize 
     $1.5 billion for the RCOH, but would acknowledge the fact 
     that the contract has already been entered into, using the 
     authority of Public Law 109-104, enacted on November 19, 
     2005. The amendment would also clarify that the $89.0 
     million made available by Public Law 109-104 is part of 
     the $1.5 billion authorized for fiscal year 2006.
     CVN-78 aircraft carrier (sec. 128)
       The Senate amendment contained a provision (sec. 122) that 
     would authorize the Secretary of the Navy to fund the detail 
     design and construction of the aircraft carrier designated 
     CVN-78 using split funding in the Shipbuilding and 
     Conversion, Navy account in fiscal years 2007, 2008, 2009, 
     and 2010. The provision would direct that the contract for 
     this ship provide that any obligation of the United States to 
     make a payment for a fiscal year after 2006 would be subject 
     to the availability of appropriations.
       The House bill contained no similar provision.
       The House recedes with an amendment that would reduce the 
     number of years the funding could be split to fiscal years 
     2007, 2008, and 2009.
     LHA replacement (LHA(R)) ship (sec. 129)
       The Senate amendment contained a provision (sec. 123) that 
     would authorize $325.4 million in the Shipbuilding and 
     Conversion, Navy, account in fiscal year 2006 for design, 
     advance procurement, advance construction, detail design, and 
     construction for the lead ship of the LHA(R) class of 
     vessels. The provision would also approve incremental funding 
     for the lead ship in fiscal years 2007 and 2008. The 
     provision would also authorize the Secretary of the Navy to 
     enter into a contract for design, advance procurement, and 
     advance construction for the lead LHA(R) in fiscal year 2006, 
     and to enter another contract for the detail design and 
     construction for the lead LHA(R) in fiscal year 2006. The 
     provision would provide that any obligation of the United 
     States to make a payment under these contracts for a fiscal 
     year after 2006 would be subject to the availability of 
     appropriations for that purpose for that fiscal year.
       The House bill contained no similar provision.
       The House recedes with an amendment that would lower the 
     authorized amount of funds in Shipbuilding and Conversion, 
     Navy, to $200.5 million for LHA(R) in fiscal year 2006.
     Report on alternative propulsion methods for surface 
         combatants and amphibious warfare ships (sec. 130)
       The House bill contained a provision (sec. 127) that would 
     require the Secretary of the Navy to submit a report to the 
     congressional defense committees not later than the 
     submission of the fiscal year 2007 budget request. The report 
     would include the results of a 2005 study, directed by the 
     Chief of Naval Operations, on alternative propulsion methods 
     for Navy surface combatant vessels. The provision would 
     require that the report include the study objectives, 
     methodology, description of alternatives, conclusions, and 
     the Secretary's intended actions based on the conclusion of 
     the study.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would extend the 
     date for the submission of the report until November 1, 2006. 
     The amendment would also require the contents of the report 
     to examine the life cycle costs of the various alternatives, 
     including nuclear power alternatives, in the report.
       The conferees expect the Navy to brief the congressional 
     defense committees on the organization and study plan for the 
     preparation of this report by April 1, 2006.

                     Subtitle D--Air Force Programs

     C-17 aircraft program and assessment of intertheater airlift 
         requirements (sec. 131)
       The House bill contained a provision (sec. 131) that would 
     authorize the Secretary of the Air Force to enter into a 
     multiyear contract, beginning with fiscal year 2006, for the 
     procurement of up to 42 additional C-17 aircraft.
       The Senate amendment contained a provision (sec. 131) that 
     would authorize a similar multiyear contract authority, but 
     would require the Secretary of Defense to certify to the 
     congressional defense committees that the requirement for up 
     to 42 additional C-17 aircraft is consistent with the 
     Quadrennial Defense Review (QDR) before procuring additional 
     C-17 aircraft under that multiyear authority. The Senate 
     amendment would further require the Secretary of Defense to 
     carry out an assessment of the intertheater airlift 
     capabilities required to support the national defense 
     strategy as part of the QDR. In the assessment, the Secretary 
     of Defense would be required to explain how the future 
     airlift force structure requirements in the QDR take into 
     account: (1) the increased airlift demands associated with 
     the Army modular brigade combat teams; (2) the objective to 
     deliver a brigade combat team anywhere in the world within 4 
     to 7 days, a division within 10 days, and multiple divisions 
     within 20 days; (3) the increased airlift demands associated 
     with the expanded scope of operational activities of the 
     Special Operations Forces; (4) the realignment of the 
     overseas basing structure in accordance with the 
     Integrated Presence and Basing Strategy; (5) adjustments 
     in the force structure to meet homeland defense 
     requirements; (6) the potential for simultaneous homeland 
     defense activities and major combat operations; and (7) 
     potential changes in requirements for intratheater airlift 
     or sealift capabilities. The Senate amendment would also 
     encourage the Secretary of the Air Force to procure 
     sufficient C-17 aircraft to maintain the C-17 production 
     at not less than the minimum sustaining rate in the event 
     the Secretary of Defense is unable to make the multiyear 
     certification, until sufficient flight test data has been 
     obtained to validate the improved C-5 mission capability 
     rates used in the Mobility Capabilities Study as a result 
     of the C-5 Reliability Enhancement and Reengining Program 
     and Avionics Modernization Program.
       The House recedes with an amendment that would require the 
     Secretary of Defense to provide an additional explanation on 
     how the future airlift force structure requirements in the 
     QDR take into account the capability of the Civil Reserve Air 
     Fleet to provide adequate augmentation in meeting global 
     mobility requirements. The House amendment would further 
     allow the intratheater airlift assessments to be submitted to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives up to 45 days after submission of the QDR, 
     if the Department is unable to submit them with the budget 
     request.
     Prohibition on retirement of KC-135E aircraft (sec. 132)
       The Senate amendment contained a provision (sec. 132) that 
     would prohibit the Secretary of the Air Force from retiring 
     any KC-135E aircraft of the Air Force in fiscal year 2006.
       The House bill contained no similar provision.
       The House recedes.
     Prohibition on retirement of F-117 aircraft during fiscal 
         year 2006 (sec. 133)
       The Senate amendment contained a provision (sec. 134) that 
     would prohibit the Secretary of the Air Force from retiring 
     any F-117 Nighthawk stealth attack aircraft of the Air Force 
     in fiscal year 2006.
       The House bill contained no similar provision.
       The House recedes.
     Prohibition on retirement of C-130E/H tactical airlift 
         aircraft during fiscal year 2006 (sec. 134)
       The Senate amendment contained a provision (sec. 135) that 
     would prohibit the Secretary of the Air Force from retiring 
     any C-130E/H tactical airlift aircraft of the Air Force in 
     fiscal year 2006.
       The House bill contained no similar provision.
       The House recedes.
     Procurement of C-130J/KC-130J aircraft after fiscal year 2005 
         (sec. 135)
       The Senate amendment contained a provision (sec. 136) that 
     would require any C-130J/KC-130J procured after fiscal year 
     2005, including any C-130J/KC-130J aircraft procured through 
     a multiyear contract continuing in force from a fiscal year 
     before fiscal year 2006, to be procured through a contract 
     under part 15 of the Federal Acquisition Regulation, relating 
     to items by negotiated contract, rather than through a 
     contract under part 12 of the Federal Acquisition Regulation, 
     relating to acquisition of commercial items.
       The House bill contained no similar provision.
       The House recedes.
     Report on Air Force aircraft aeromedical evacuation programs 
         (sec. 136)
       The Senate amendment contained a provision (sec. 137) that 
     would require the Secretary of the Air Force to procure up to 
     two aircraft dedicated to the aeromedical evacuation mission 
     and capable of providing nonstop aeromedical evacuations 
     across the Atlantic Ocean. The provision would also authorize 
     $200.0 million in aircraft procurement funds for the 
     procurement and equipping of these aircraft.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary to submit to the congressional defense committees a 
     report on aeromedical evacuation programs of the Air Force 
     not later than 90 days after the date of the enactment of 
     this Act. The report should provide a comprehensive 
     evaluation and overall assessment of the current aeromedical 
     evacuation program, carried out through the use of designated 
     aircraft, compared to the former aeromedical evacuation 
     program, carried out through the use of dedicated aircraft. 
     The report would include: (1) a description of challenges and 
     capability gaps of the current aircraft aeromedical 
     evacuation program compared to the challenges and capability 
     gaps of the former program; (2) a description of possible 
     means by which to best mitigate or resolve the challenges and 
     capability gaps with respect to the current program; (3) a 
     specification of

[[Page H12955]]

     medical equipment or upgrades needed to enhance the current 
     program; (4) a specification of aircraft equipment or 
     upgrades needed to enhance the current program; (5) a 
     description of the advantages and disadvantages of the 
     current program compared to the advantages and 
     disadvantages of the former program; (6) a cost comparison 
     analysis of the current program compared to the former 
     program; and (7) a description of the manner in which 
     customer feedback is obtained and applied to the current 
     program.
       The conferees agree that transitioning from a dedicated 
     aircraft aeromedical evacuation (AE) program to a designated 
     aircraft AE program is not without challenges, some of which 
     are annotated in the Senate report accompanying S. 1042 (S. 
     Rept. 109-69) of the National Defense Authorization Act for 
     Fiscal Year 2006. Therefore, the conferees encourage the 
     Secretary to address in the report all challenges and 
     capability gaps related to the designated aircraft AE program 
     and to outline explicitly the manner in which those 
     challenges and capability gaps will be resolved. Furthermore, 
     if the Secretary determines from the results of the report 
     that dedicated AE aircraft are needed to augment the current 
     AE program, the conferees encourage the Air Force to consider 
     basing those aircraft at locations that have previous 
     expertise in performing the dedicated aircraft AE mission.

               Subtitle E--Joint and Multiservice Matters

     Requirement that tactical unmanned aerial vehicles use 
         specified standard data link (sec. 141)
       The House bill contained a provision (sec. 141) that would 
     direct the Secretary of Defense to ensure that all service 
     tactical unmanned aerial vehicles (UAV) be equipped with the 
     standard tactical UAV data link known as the Tactical Common 
     Data Link (TCDL) and configured to data formats consistent 
     with the architectural standard for tactical UAVs, known as 
     STANAG 4586. The provision would not allow the Department of 
     Defense to expend funds on tactical UAVs that do not include 
     the TCDL or STANAG 4586 standards. Finally, the provision 
     would direct the secretary of each military department to 
     submit a report to Congress providing the Secretary's 
     certification as to whether or not all tactical UAVs are in 
     compliance with the standard data link.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would clarify the 
     House provision by providing the Undersecretary of Defense 
     for Acquisition, Technology, and Logistics (USD(AT&L)) with 
     the authority to waive the standards directed in this 
     provision, if the USD(AT&L) determines and certifies to the 
     congressional defense committees that it would not be 
     technologically feasible or economically acceptable to 
     integrate a tactical data link into a specific tactical UAV.
       The conferees understand that there is a class of UAVs, 
     such as the Marine Corps Dragon Eye UAV and the Army Raven 
     UAV, that are not large enough to carry the equipment 
     required to integrate the TCDL standard. The conferees 
     believe that the TCDL standard should be applied to all UAVs 
     to the maximum extent possible.
     Limitation on initiation of new unmanned aerial vehicle 
         systems (sec. 142)
       The House bill contained a provision (sec. 142) that would 
     preclude procurement of new unmanned aerial vehicle (UAV) 
     systems by the military services without the written approval 
     of the Under Secretary of Defense for Acquisition, Technology 
     and Logistics (USD(AT&L)).
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would exempt UAV 
     programs under contract as of the date of enactment of this 
     Act or for which funds have been appropriated for procurement 
     before the date of enactment of this Act from the requirement 
     to have written approval from the USD(AT&L).
     Advanced SEAL Delivery System (sec. 143)
       The Senate amendment contained a provision (sec. 151) that 
     would direct no amount of the $71.7 million authorized to be 
     appropriated for advanced procurement of the Advanced SEAL 
     Delivery System (ASDS) in fiscal year 2006 be expended until 
     after a favorable Milestone C decision.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment that would 
     restructure the program. On 22 November 2005, the U.S. 
     Special Operations Command (SOCOM) announced and briefed the 
     conferee's staff on a decision to restructure the ASDS 
     program. The restructuring would focus on improving the 
     reliability of the first boat, which was delivered to the 
     Navy in June 2003. The ASDS Reliability Action Panel, 
     comprised of government and industry technical experts, 
     recommended restructuring the program.
       The conferees commend the decision by SOCOM to focus on 
     developing an operationally reliable first boat. The 
     conferees have expressed their concern about technical 
     challenges, contractor performance, and cost growth that have 
     occurred in the ASDS program for several years, and have 
     urged SOCOM, the Department of the Navy, and the Secretary of 
     Defense to take a stronger management role with regard to the 
     program.
       The original program budget request has been reduced by 
     $32.0 million. The restructuring reallocates an additional 
     $21.0 million to research and development, an additional 
     $10.1 million to operations and maintenance, and a reduction 
     of $63.0 million in procurement. The conferees agree to 
     authorize the restructured program, with some modifications. 
     Although the restructured budget request included $11.0 
     million to fabricate and test one set of universal pylons for 
     use on the Virginia-Class and Ohio-Class SSGN submarines, the 
     conferees believe this is premature as the command expects 
     the critical system review of the boat to take at least 1 
     year.
       In addition, the conferees are not confident that the 
     command will be able to conduct the additional field testing 
     for the first boat now planned for fiscal year 2006. 
     Therefore, the conferees direct that no amount of the $10.1 
     million increase in operation and maintenance funds 
     authorized to be appropriated be obligated or expended until 
     the Secretary revalidates to the congressional defense 
     committees the requirement for the ASDS.
       The conferees further direct the Secretary to submit a 
     report on the conclusions of the Quadrennial Defense Review 
     concerning the ASDS; the number of boats required and the 
     manner of their employment; an updated cost estimate for the 
     ASDS program; and a timeline for addressing the technological 
     challenges faced by the program by March 1, 2006. 
     Furthermore, the conferees direct that the Secretary report 
     the conclusions of the ongoing critical systems review being 
     conducted by the command to the congressional defense 
     committees by January 1, 2007.

                   Legislative Provisions Not Adopted

     Authorization of two additional Arleigh Burke-class 
         destroyers
       The House bill contained a provision (sec. 125) that would 
     authorize $2.5 billion in Shipbuilding and Conversion, Navy, 
     for the construction of two additional Arleigh Burke-class 
     destroyers, which would be constructed under a single, 
     competitively awarded contract.
       The Senate amendment contained no similar provision.
       The House recedes.
       The outcome is reflected in the tables of this report in 
     Shipbuilding and Conversion, Navy, line 14.
     C-37B aircraft
       The Senate amendment contained a provision (sec. 138) that 
     would authorize an increase of $45.0 million for the 
     procurement of one C-37B aircraft for the Air Force.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Aircraft Procurement, Air Force, line number 36.
     Contingent transfer of additional funds for CVN-21 carrier 
         replacement program
       The House bill contained a provision (sec. 129) that would 
     direct the transfer of $86.7 million from Operations and 
     Maintenance, Defense-wide, to Shipbuilding and Conversion, 
     Navy, for the purpose of accelerating the CVN-21 aircraft 
     carrier replacement program. The provision would direct this 
     transfer only if the Director, Program Analysis and 
     Evaluation, of the Department of Defense, certifies that this 
     addition of $86.7 million would allow the construction of 
     CVN-21 to begin in fiscal year 2007, and would be limited to 
     those amounts appropriated for fiscal year 2006.
       The Senate amendment contained no similar provision.
       The House recedes.
     Contract requirement for Objective Individual Combat Weapon--
         increment one
       The House bill contained a provision (sec. 116) that would 
     require the Secretary of the Army to ensure that the 
     contractor for the Objective Individual Combat Weapon--
     increment one (OICW-1) is selected through a full and open 
     competition.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees understand that the Army has terminated the 
     existing competition and requests for proposal (RFP) for the 
     OICW-1 program until further review by the Joint Requirements 
     Oversight Council (JROC). The conferees are aware the JROC 
     expects to convene to complete the Joint Capabilities 
     Integration and Development System process for the OICW-1 
     capability development document sometime in fiscal year 2006 
     to be followed by an RFP that reflects OICW-1 requirements. 
     The conferees expect that any new competition for the OICW 
     program be conducted in a fair and open manner. Upon 
     completion of the review by the JROC, the conferees direct 
     the Secretary of the Army to submit a detailed report, to the 
     congressional defense committees, that would outline the path 
     forward for the OICW program. The report should include: (1) 
     the planned acquisition strategy in meeting any new 
     requirements as set forth by the JROC; (2) the cost and 
     schedule impacts, if any, to the OICW--increment two and 
     three programs based on validated JROC requirements; and (3) 
     the results of analysis of alternatives used in the JROC and 
     Army's decision-making process.
     Rapid intravenous infusion pumps
       The Senate amendment contained a provision (sec. 125) that 
     would authorize $1.0 million for the procurement of rapid 
     intravenous pumps for the Marine Corps.
       The House bill contained no similar provision.
       The Senate recedes.

[[Page H12956]]

       The conference outcome is reflected in the tables elsewhere 
     in this report in Procurement, Marine Corps, line number 78.
     Second source for production and supply of tires for the 
         Stryker combat vehicle
       The Senate amendment contained a provision (sec. 116) that 
     would require the Secretary of the Army to conduct a study on 
     the feasibility and costs and benefits for the second source 
     for the production and supply of tires for the Stryker combat 
     vehicle.
       The House bill contained no similar provision, but did 
     contain funding in Procurement of Weapons and Tracked Combat 
     Vehicles, Army, to qualify a second source for the production 
     and supply of tires for the Stryker combat vehicle.
       The Senate recedes.
       The conferees recognize that tires are currently the 
     highest sustainment demand item for the Stryker. The majority 
     of tire failures are being caused by wear-out from high 
     operational tempo; from increased pressure due to the weight 
     associated with the addition of Slat add-on armor for 
     protection against rocket propelled grenades; and damage from 
     improvised explosive devices attacks. The conferees direct 
     the Secretary of the Army to submit a report to the 
     congressional defense committees, no later than 90 days after 
     the enactment of this Act, that would evaluate Stryker tire 
     availability and the need, if any, to qualify a second source 
     for the tires of the Stryker vehicle.
     UH-60 Black Hawk helicopter procurement in response to 
         attrition
       The Senate amendment contained a provision (sec. 105) that 
     would authorize $40.6 million for the procurement of two 
     additional helicopters that were attrited in fiscal year 
     2006.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Aircraft Procurement, Army, title XV.
     Use of Tanker Replacement Transfer Fund for modernization of 
         aerial refueling tankers
       The Senate amendment contained a provision (sec. 132) that 
     would allow funds in the Tanker Replacement Transfer Fund to 
     be used for the modernization of existing aerial refueling 
     tankers, in addition to using the funds for a tanker 
     acquisition program, if the modernization of those aircraft 
     is consistent with the results of the analysis of 
     alternatives for meeting the aerial refueling requirements of 
     the Air Force.
       The House bill contained no similar provision.
       The Senate recedes.

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

     Research, Development, Test, and Evaluation overview
       The budget request for fiscal year 2006 included an 
     authorization of $69,356.0 million in Research and 
     Development for the Department of Defense.
       The House bill would authorize $69,469.0 million.
       The Senate amendment would authorize $69,840.6 million.
       The conferees recommend an authorization of $70,199.9 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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                                  Army

     Research, Development, Test, and Evaluation, Army overview
       The budget request for fiscal year 2006 included an 
     authorization of $9,733.8 million in Research, Development, 
     Test, and Evaluation, Army for the Department of Defense.
       The House bill would authorize $9,777.4 million.
       The Senate amendment would authorize $9,739.8 million.
       The conferees recommend an authorization of $10,036.0 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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                                  Navy

     Research, Development, Test, and Evaluation, Navy overview
       The budget request for fiscal year 2006 included an 
     authorization of $18,038.0 million in Research, Development, 
     Test, and Evaluation, Navy for the Department of Defense.
       The House bill would authorize $18,022.1 million.
       The Senate amendment would authorize $18,410.4 million.
       The conferees recommend an authorization of $18,581.4 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Advanced submarine system development
       The budget request included $163.0 million in PE 63561N for 
     advanced submarine system development. Of this amount, $50.0 
     million is for the design of a future undersea superiority 
     system.
       The House bill would authorize the budget request.
       The Senate amendment would authorize $123.0 million in PE 
     63561N, a decrease of $40.0 million since no specific plans 
     on the use of these funds had been provided to the committee.
       The conferees agree to authorize $163.0 million in PE 
     63561N, the budget request. The Navy has provided a detailed 
     plan on the use of these funds. The objectives of this plan 
     include: (1) reduce long-term costs in the construction of 
     Virginia-class submarines; (2) perform ship concept studies; 
     (3) perform independent studies of the submarine design and 
     build base; and (4) identify submarine construction cost 
     drivers and develop improved submarine cost models. The 
     conferees would expect that the funds authorized for the 
     undersea superiority system would be used in a manner 
     consistent with the plan that was presented.

                               Air Force

     Research, Development, Test, and Evaluation, Air Force 
         overview
       The budget request for fiscal year 2006 included an 
     authorization of $22,612.4 million in Research Development, 
     Test, and Evaluation, Air Force for the Department of 
     Defense.
       The House bill would authorize $22,418.2 million.
       The Senate amendment would authorize $22,653.6 million.
       The conferees recommend an authorization of $22,305.0 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Transformational satellite communications
       The budget request included $835.8 million in PE 63845F for 
     transformational military satellite communications (TSAT).
       The House bill would authorize $435.8 million in PE 63845F, 
     a decrease of $400.0 million.
       The Senate amendment would authorize $635.8 million in PE 
     63845F, a decrease of $200.0 million.
       The conferees agree to authorize $435.8 million in PE 
     63845F, a decrease of $400.0 million for the TSAT program.
       The conferees would like to be clear that the reduction to 
     the amount requested for the TSAT program should not be 
     construed as a lack of support for the program, but rather a 
     reflection of continuing concerns related to the TSAT 
     acquisition approach. Several independent reviews of the TSAT 
     program, some prompted by Congress, provide reason to believe 
     the TSAT program can, with proper attention, avoid the 
     pitfalls of so many prior military space programs including 
     schedule delays, cost overruns, and poor management.
       The October 20, 2005 report of the TSAT Program Review 
     Group, chaired by Mr. Tom Young, complimented the TSAT 
     program both for its comprehensive risk reduction program 
     focused on critical technologies, and for efforts to assure 
     that final requirements are executable and consistent with 
     program resources. Of continuing concern to the group, 
     however, was that the TSAT program office was inadequately 
     staffed in terms of the number of experienced people, program 
     cost estimates appeared to be unrealistic, and system 
     requirements needed substantial additional refinement. 
     Similarly, the Government Accountability Office, in its 
     September 7, 2005, briefing to congressional staff on TSAT, 
     found there to be ``no fundamental discoveries or 
     breakthroughs required for TSAT, but the level of difficulty 
     in integrating these technologies is an unknown.''
       According to Air Force estimates, the $400.0 million 
     reduction to the TSAT program recommended by the conferees 
     will result in a delay to the systems design review and 
     authority to proceed by 1 year. The conferees believe this 
     schedule adjustment could help mitigate program risk by 
     allowing time for the integration of critical technologies, 
     refinement of requirements, and allow the TSAT program office 
     time to get fully staffed. The conferees also emphasize the 
     importance of risk reduction and system engineering efforts 
     up front and strongly urge the Air Force to ensure adequate 
     support for these efforts. With these changes, the TSAT 
     program has the opportunity to be the first military space 
     program in a decade to meet mission requirements within 
     budget and on schedule.
       The conferees assessed the need to direct the Department of 
     Defense to acquire a fourth Advanced Extremely High Frequency 
     (AEHF) space vehicle, and have decided to continue with the 
     current planned program. The decision resulted from the 
     conclusion that the planned constellation will provide 
     protected communications until 2017. The launch of the first 
     TSAT is expected in 2015 and provides a 2 year margin to 
     mitigate against any additional unexpected delays to TSAT. 
     However, the conferees direct the Secretary of Defense, as 
     required in section 912, to prepare alternatives should the 
     current margin disappear, and to identify when acquisition of 
     an additional AEHF would have to be initiated to avoid a 
     break in production.
     Space Radar
       The budget request included $225.8 million in PE 63858F for 
     Space Radar.
       The House bill would authorize $100.0 million in PE 63858F, 
     a decrease of $125.8 million.
       The Senate amendment would authorize $150.8 million in PE 
     63858F, a decrease of $75.0 million.
       The conferees agree to authorize $100.0 million in PE 
     63858F, a decrease of $125.8 million.
       The conferees direct that fiscal year 2006 program funds be 
     invested in the demonstration of the following:
       (1) ground exploitation capability;
       (2) horizontal integration;
       (3) continued radar technology maturation; and
       (4) new technology breakthroughs that will lower the 
     payload weight and cost.
       The conferees recommend that the Air Force thoroughly plan 
     a demonstration program maximizing the use of ground, 
     airborne, and existing space assets before committing to the 
     new development of a subscale spacecraft. The conferees 
     direct the Secretary of the Air Force, in coordination with 
     the Director of the National Geospatial Intelligence Agency 
     and the Director of the National Reconnaissance Office, to 
     develop and submit a report to the congressional defense 
     committees and congressional intelligence committees by March 
     15, 2006. The report should cover fiscal years 2006 through 
     2010 and include a detailed space radar program plan that 
     would incorporate the above direction and focus on: (1) risk 
     reduction, modeling, and simulation; (2) ground and air 
     demonstrations and tests; and (3) the use of all planned or 
     existing space assets. The Space Radar program plan, as 
     reported to Congress, should provide annual technical and 
     cost milestones that if met will provide confidence in a 
     technically feasible and affordable program plan for space 
     radar.
       The nation requires a radar capability, and its users will 
     have little concern about which platform collects the data. 
     The conferees believe that the future success and stability 
     of the space radar program rests in the demonstration, 
     development, and deployment of a national radar capability 
     consisting of fully integrated space, air, and surface 
     components. As such, the conferees direct the Secretary of 
     Defense and the Director of National Intelligence to perform 
     a detailed national utility study; develop a joint concept of 
     operations for a future horizontally integrated radar 
     capability highlighting the use of the suggested 
     components; and submit a report to the congressional 
     defense committees and congressional intelligence 
     committees by November 1, 2006, on the utility study and 
     the concept of operations.
       Additional direction is contained in the classified annex 
     to this report.
     Penetrator study
       The budget request included no funding in PE 64327F for the 
     Hard and Deeply Buried Target Defeat system.
       The House bill would authorize an increase of $4.0 million 
     in PE 64327F for a penetrator study.
       The Senate amendment contained no similar authorization.
       The conferees agree to authorize $4.0 million in PE 64327F 
     to conduct a sled test and a study on the physics of 
     penetrating geologic media, to be completed by the end of 
     fiscal year 2006.
     E-8C joint surveillance and target attack radar system 
         reengining
       The budget request included $15.5 million in aircraft 
     procurement for E-8C joint surveillance and target radar 
     system (JointSTARS) modifications and $78.1 million for 
     JointSTARS research and development, but included no funding 
     for reengining of the JointSTARS aircraft fleet.
       The House bill would authorize the budget request.
       The Senate amendment would authorize the budget request for 
     research and development, and an increase of $44.4 million in 
     aircraft procurement to complete the non-recurring 
     engineering (NRE) activities required to initiate a 
     reengining program for the E-8C aircraft fleet.
       The conferees agree to authorize the budget request in 
     aircraft procurement, and an increase of $13.5 million in 
     research and development, as included in the Air Force Chief 
     of Staff's unfunded priority list for fiscal year 2006, to 
     begin the NRE activities required to initiate a reengining 
     program for the E-8C aircraft fleet. The conferees encourage 
     the Secretary of the Air Force to complete funding of the NRE 
     in the fiscal year 2007 budget request.
       The conferees note that in January 2005 the Under Secretary 
     of Defense for Acquisition, Technology, and Logistics 
     announced the Department of Defense's intent to request 
     quotes from industry on the costs to purchase or lease new 
     engines and understand that the Department has completed 
     evaluation of these quotes. If leasing new engines is the 
     recommended alternative, the conferees expect the Secretary 
     of the Air Force to propose an appropriate leasing 
     arrangement that complies with the Office of Management and 
     Budget guidance to implement this recommendation.

                              Defense-wide

     Research, Development, Test, and Evaluation, Defense-wide 
         overview
       The budget request for fiscal year 2006 included an 
     authorization of $18,803.4 million in Research, Development, 
     Test, and Evaluation, Defense-wide for the Department of 
     Defense.
       The House bill would authorize $19,092.8 million.
       The Senate amendment would authorize $18,868.3 million.
       The conferees recommend an authorization of $19,108.9 
     million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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     Ballistic missile defense
       The budget request included $7.8 billion for the Missile 
     Defense Agency for ballistic missile defense.
       The conferees agree to authorize $7.8 billion for ballistic 
     missile defense.
       The conferees note that while fully funding the budget 
     request level for missile defense, funds were reallocated 
     from longer-term efforts in order to enhance the testing, 
     fielding, and improvement of the current generation of 
     missile defense capabilities. The conferees believe the most 
     important mission for the Missile Defense Agency (MDA) at 
     this time is to successfully develop, field, and improve 
     those initial capabilities selected for deployment by the 
     President in December 2002, including: ground-based 
     interceptors, sea-based interceptors, additional Patriot 
     (PAC-3) units, and sensors based on land, sea, and in space. 
     The conferees direct the Director of the Missile Defense 
     Agency to provide a report to the congressional defense 
     committees by January 30, 2006, indicating specifically how 
     the increases noted below will be allocated.
     Ground-based midcourse defense
       The budget request included $2.3 billion in PE 63882C for 
     the ground-based midcourse defense (GMD) segment.
       The House bill would authorize an increase of $125.0 
     million in PE 63882C for the GMD segment.
       The Senate amendment would authorize an increase in $100.0 
     million in PE 63882C for the GMD segment.
       The conferees agree to authorize $2.4 billion in PE 63882C 
     for the GMD segment, an increase of $100.0 million.
       The conferees direct that this increase be used for 
     implementing the recommendations of the Independent Review 
     Team and the Mission Readiness Task Force to enhance the GMD 
     testing program.
     Aegis ballistic missile defense
       The budget request included $836.0 million in PE 63882C for 
     Aegis ballistic missile defense (BMD).
       The House bill would authorize an increase of $45.0 million 
     in PE 63882C for Aegis BMD.
       The Senate amendment would authorize an increase of $75.0 
     million in PE 63882C for Aegis BMD.
       The conferees agree to authorize $911.0 million in PE 
     63882C for Aegis BMD, an increase of $75.0 million.
       The conferees direct this increase be used for the 
     following activities: (1) enhanced development and production 
     of the Aegis BMD signal processor; (2) purchase of additional 
     test equipment necessary to accelerate SM-3 production rates; 
     (3) accelerated integration of the two-color seeker for the 
     SM-3 kill vehicle; (4) long-lead funding for additional SM-3 
     missiles; (5) development of the throttleable divert and 
     attitude control system; and (6) accelerated implementation 
     of the engage-on-remote and launch-on-remote upgrades.
     Ballistic missile defense system interceptor
       The budget request included $229.7 million in PE 63886C for 
     the ballistic missile defense (BMD) system interceptor.
       The House bill would authorize the budget request.
       The Senate amendment would authorize a decrease of $50.0 
     million in PE 63886C for the BMD system interceptor.
       The conferees agree to authorize $179.7 million in PE 
     63886C, a decrease of $50.0 million for the BMD system 
     interceptor.
       The conferees are aware that the Kinetic Energy Interceptor 
     (KEI) program has been restructured by the MDA to serve as 
     risk mitigation for the primary boost-phase missile defense 
     system, the Airborne Laser (ABL). As such, the conferees 
     believe the funding request for KEI to be excessive and 
     recommend remaining funds be directed toward reducing high-
     risk technology challenges. By continuing to address these 
     technology challenges, the KEI program can remain in a 
     position to become the focus of MDA boost-phase efforts 
     should the ABL program fail to perform as expected.
     Tactical exploitation of innovative sensors
       The budget request included no funding for a joint program 
     between the Naval Air Systems Command (NAVAIR) and the 
     National Geospatial-Intelligence Agency (NGA) to support 
     experimentation with innovative sensors in a tactical 
     environment. The NAVAIR and the NGA have decided that a 
     partnership to accelerate development and fielding of 
     transformational capabilities to both the NGA and the Navy 
     Department would be beneficial.
       The House bill would authorize an increase of $15.0 million 
     in PE 35102BQ to support this program.
       The Senate amendment would authorize the budget request.
       The conferees agree to authorize the budget request.
       However, the conferees view this program as a promising 
     start for accelerating development and fielding on innovative 
     sensors for supporting tactical operations. The conferees 
     support this partnership as part of a broader effort to 
     improve collection, tasking, processing, exploitation, and 
     dissemination activities for enhancing support to such 
     operations. Therefore, the conferees urge the NGA and the 
     NAVAIR to continue this collaboration and expand their 
     efforts to additional concept developments.

                          Test and Evaluation

     Operational Test and Evaluation, Defense overview
       The budget request for fiscal year 2006 included an 
     authorization of $168.5 million in Operational Test and 
     Evaluation, Defense for the Department of Defense.
       The House bill would authorize $168.5 million.
       The Senate amendment would authorize $168.5 million.
       The conferees recommend an authorization of $168.5 million.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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[[Page H13027]]

                       Items of Special Interest

     Fuel Cell Vehicles
       The conferees are aware that the Army's National Automotive 
     Center has taken steps to develop and deploy fuel cell 
     powered vehicles as a means to increase fuel efficiency, 
     minimize thermal and noise signature, and provide mobile 
     power on the battlefield. The conferees further understand 
     that the Army is developing fuel cell powered vehicles to 
     support special operations missions. The conferees direct the 
     Army to provide the Committees on Armed Services of the 
     Senate and of the House of Representatives with a progress 
     report on the development and deployment of these vehicles no 
     later than April 1, 2006.
     Joint Service Combat Feeding Technology
       The conferees note that the Joint Service Combat Feeding 
     Technology Demonstration program matures and demonstrates 
     advanced techniques for the preparation and processing of 
     combat rations. The conferees note that this research effort 
     supports the goals of Army transformation by working to 
     develop combat feeding technology with the potential to 
     reduce logistics burdens, while improving the quality of food 
     service for deployed troops. The conferees urge the 
     Department of Defense to continue to adequately support 
     research efforts in this area.
     Report on naval surface fire support
       The conferees are concerned about whether sufficient 
     capability for naval surface fire support exists to support 
     joint operations. The conferees direct the Secretary of the 
     Navy to submit a report to the congressional defense 
     committees no later than April 1, 2006, on the Navy's 
     capabilities to meet the joint force requirement for naval 
     surface fire support. The conferees would expect the 
     Secretary to take into account, in the preparation of this 
     report, the views and recommendations of the Chief of Naval 
     Operations and the Commandant of the Marine Corps, and direct 
     the Secretary to include these written views and 
     recommendations as attachments to the report. At a minimum, 
     the report will include: (1) an analysis of the current 
     capability to support expeditionary operations in the 
     littorals with existing naval surface fire support; (2) a 
     discussion of the alternatives available, including known 
     research and development projects, to maintain or increase 
     naval surface fire support capabilities within the future 
     years defense program (FYDP), and within the 10 years 
     following the FYDP; and (3)an estimate of the resources that 
     would be required to accelerate promising near-term 
     technologies that would enhance naval surface fire support.
     Slow rotor concept
       The conferees are aware of preliminary efforts to develop a 
     heavy-lift, long-range, high-speed aircraft capable of 
     operating from unimproved locations. The conferees encourage 
     the Army to assess the value of slow rotor concepts, which 
     could improve logistics and flexible basing options in 
     support of combat operations.

                     Legislative Provisions Adopted

              Subtitle A--Authorization of Appropriations

     Authorization of appropriations (sec. 201)
       The House bill contained a provision (sec. 201) that would 
     authorize the recommended fiscal year 2006 funding levels for 
     the Research, Development, Test, and Evaluation accounts for 
     the Army, Navy, Marine Corps, Air Force, Defense-wide 
     activities, and the Director of Operational Test and 
     Evaluation.
       The Senate amendment contained a similar provision (sec. 
     201).
       The conference agreement includes this provision.
     Amount for defense science and technology (sec. 202)
       The House bill contained a provision (sec. 202) that would 
     authorize $11,436.6 million for defense science and 
     technology (S&T) programs.
       The Senate amendment contained a similar provision (sec. 
     202) that would authorize $10,990.6 million for defense S&T 
     programs.
       The conferees agree to authorize $11,363.0 million for S&T 
     programs, an increase of $840.9 million over the budget 
     request.
       The conferees are aware of recent studies on the role of 
     basic science, and particularly defense basic research, in 
     maintaining U.S. competitiveness and national security. The 
     conferees have authorized an increase of over $75.0 million 
     for defense basic research, including an increase of $10.0 
     million for the Science, Mathematics, and Research for 
     Transformation scholarship program and $30.0 million for 
     competitively-awarded university research programs within the 
     military departments and computer science programs at DARPA.

    Subtitle B--Program Requirements, Restrictions, and Limitations

     Annual Comptroller General report on Future Combat Systems 
         program (sec. 211)
       The House bill contained a provision (sec. 211) that would 
     establish an annual review of the Future Combat Systems 
     program by the Comptroller General to be submitted to the 
     congressional defense committees by March 15 of each year.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Contract for the procurement of the Future Combat System 
         (FCS) (sec. 212)
       The Senate amendment contained a provision (sec. 211) that 
     would direct the Secretary of the Army to procure the Future 
     Combat System through a contract under part 15 of the Federal 
     Acquisition Regulation, rather than through a transaction 
     under section 2371 of title 10, United States Code.
       The House bill contained no similar provision.
       The House recedes.
     Limitations on systems development and demonstration of 
         manned ground vehicles under Armored Systems 
         Modernization program (sec. 213)
       The House bill contained a provision (sec. 213) that would 
     require the Secretary of Defense to complete an independent 
     analysis and to submit a report to the congressional defense 
     committees by February 1, 2006, on the Future Combat Systems 
     (FCS) key performance parameter transportability requirement 
     for the manned ground vehicles (MGV). The House bill also 
     contained a provision (sec. 215) that would prohibit the use 
     of any funds for MGV systems development and demonstration 
     (SDD) until the objective requirements for those vehicles 
     with respect to lethality and survivability have been met and 
     demonstrated in a relevant environment to be at least equal 
     to the lethality and survivability for the MGV to be replaced 
     by such ground vehicles.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would limit funds 
     available for the MGV SDD until the following is provided to 
     the congressional defense committees:
       (1) The Secretary of Defense certifies that the threshold 
     requirements for MGV variants with respect to lethality and 
     survivability have been met and demonstrated, in accordance 
     with applicable regulations, in a relevant environment to be 
     at least equal to the lethality and survivability for the MGV 
     to be replaced by those variants;
       (2) the Secretary of Defense submits the results of an 
     independent analysis carried out with respect to the 
     transportability requirement for the MGV under the FCS 
     program;
       (3) the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics submits the results of an 
     independent cost estimate, prepared by the cost analysis 
     improvement group of the Office of the Secretary of Defense, 
     with respect to the FCS program;
       (4) the Secretary of the Army submits a report containing 
     the organizational design, quantities, and fielding plans for 
     each of the current force brigade combat teams and FCS 
     brigade combat teams; the research, development, test, and 
     evaluation and procurement plan; and budgets for each of the 
     FCS MGV variants; and
       (5) the Secretary of Defense submits a report describing 
     and evaluating the requirements and budgets of the Army 
     technology insertion program for integrating FCS capabilities 
     into the current force.
       With regard to the certification of the threshold 
     requirements for the survivability and lethality of the FCS 
     MGV, the conferees believe that the Secretary of Defense 
     should be able to demonstrate those capabilities in 
     accordance with applicable regulations, to include, but not 
     limited to, using modeling and simulation. The conferees 
     expect the Secretary of Defense to include the views of the 
     Chief of Staff of the Army in the report on his certification 
     to Congress.
     Separate program elements required for significant systems 
         development and demonstration projects for Armored 
         Systems Modernization program (sec. 214)
       The House bill contained a provision (sec. 214) that would 
     specify the amount authorized for appropriation in section 
     201 for the Armored Systems Modernization program.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would (1) direct 
     the Secretary of Defense to ensure that, beginning with the 
     fiscal year 2008 budget submission, a separate, dedicated 
     program element is assigned to each of the systems 
     development and demonstration (SDD) projects of the Armored 
     Systems Modernization; (2) direct the Secretary of the Army 
     to submit, beginning with the fiscal year 2007 budget 
     submission, budget justification material for the SDD 
     projects of the Armored Systems Modernization program as if 
     the projects were separate program elements; (3) direct the 
     Secretary of the Army to submit to the congressional defense 
     committees not later than June 1, 2006, a report describing 
     the manner in which the costs of integrating Future Combat 
     Systems (FCS) capabilities into the current force could be 
     assigned to a separate program element; and (4) submit budget 
     justification material for the insertion of FCS capabilities 
     into the current force under the Armored Systems 
     Modernization program.
     Initiation of program to design and develop next-generation 
         nuclear attack submarine (sec. 215)
       The House bill contained a provision (sec. 217) that would 
     require the Secretary of the Navy to carry out a program to 
     design and develop a class of submarines that would serve as 
     a successor to the Virginia-class. The objective of the 
     provision would be to develop a submarine with capabilities 
     meeting or exceeding those of the Virginia-class at a 
     dramatically lower cost, with procurement commencing in 
     fiscal year 2014. The provision would require the Secretary 
     to submit a report on this program, with the submission of 
     the budget request for fiscal year 2007, that would include: 
     (1) an outline of the management approach to be used in 
     executing the program; (2) the goals for the program; and (3) 
     a schedule for the program.

[[Page H13028]]

       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary to initiate a cost-effective program to improve the 
     capability of the next-generation nuclear attack submarine. 
     The amendment states that the objective of the program may be 
     met either by establishing a separate and independent design 
     and development effort or by incorporating new technologies 
     into the planned fleet of Virginia-class submarines. The 
     amendment would also require the Secretary to recommend a 
     schedule for the program, but would remove the requirement 
     for the program to begin procurement in fiscal year 2014.
     Extension of requirements relating to management 
         responsibility for naval mine countermeasures programs 
         (sec. 216)
       The House bill contained a provision (sec. 218) that would 
     amend section 216 of the National Defense Authorization Act 
     for Fiscal Years 1992 and 1993 (Public Law 102-190; Public 
     Law 102-484), as most recently amended by section 212 of the 
     Bob Stump National Defense Authorization Act for Fiscal Year 
     2003 (Public Law 107-314). The provision would extend the 
     requirement for the reporting on the naval mine 
     countermeasures programs from 2008 until 2011, and make 
     certain other changes to the management of, and reporting on, 
     the program. The provision would also require the Secretary 
     of Defense to submit a plan for the sustainment of the MHC-
     51-class mine countermeasures ship and supporting dedicated 
     mine countermeasures systems until the Littoral Combat Ship 
     (LCS) and next generation mine countermeasures systems are 
     deployed.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would remove the 
     requirement for sustainment of the MHC-51 mine 
     countermeasures vessels until the LCS and next generation 
     mine countermeasures systems are deployed. Instead, the 
     amendment would prohibit the Secretary of the Navy from 
     decommissioning any vessel of the MHC-51 mine countermeasures 
     class before the end of its service life, until 30 days after 
     submitting a report on existing capabilities to assume the 
     MHC-51 mission, and certifying that the capabilities of the 
     MHC-51 mine countermeasures class are no longer required.
     Single set of requirements for the Army and Marine Corps 
         heavy lift rotorcraft program (sec. 217)
       The House bill contained a provision (sec. 219) that would 
     prohibit a new program start for a heavy lift helicopter 
     until the Secretary of the Army and the Secretary of the Navy 
     develop a single, common Joint Heavy Lift (JHL) requirement 
     approved by the Joint Requirements Oversight Council (JROC) 
     and the Secretary of Defense.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would exclude the 
     CH-53X Heavy Lift Replacement (HLR) program from the 
     requirement for a single set of requirements for a heavy lift 
     helicopter. The conferees agree that the Army and Marine 
     Corps should jointly develop any next generation heavy lift 
     helicopter and that the foundation of any such program must 
     focus on a single, joint requirement validated by the JROC 
     and approved by the Secretary of Defense. However, the 
     conferees also understand that the Army's JHL concept is 
     centered on a rotorcraft capable of lifting a Future Combat 
     System platform, while the Marine Corps' HLR program is 
     intended as a CH-53E replacement.
     Requirements for development of tactical radio communications 
         systems (sec. 218)
       The House bill contained a provision (sec. 220) that would 
     direct the Secretary of Defense to provide a comprehensive 
     report on the immediate requirements for tactical radio 
     communications and whether these requirements may be 
     satisfied with the purchase of legacy radios. The provision 
     would require that the Secretary ensure that Department of 
     Defense (DOD) users rapidly acquire tactical radio 
     communications utilizing existing technologies or mature 
     systems readily available in the commercial marketplace; and 
     apply DOD Instruction 5000.2 to the Joint Tactical Radio 
     System (JTRS) in a manner that does not permit the Milestone 
     B entrance requirements to be waived. The provision would 
     also give the JTRS Joint Program Executive Officer (JPEO) the 
     authority and control of execution year research and 
     development funding for all the clusters and the waveform 
     developments for JTRS.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary to submit the comprehensive report, as required by 
     the House provision, and apply DOD Instruction 5000.2 to the 
     JTRS program unless the Secretary certifies that the 
     Department is unable to meet critical national security 
     objectives. The amendment would also require the head of the 
     JPEO to certify the JTRS program of each of the services and 
     submit a report, no later than May 1, 2006, through the 
     Secretary, to the congressional defense committees, on the 
     adequacy of the proposed JTRS budget and the actions taken to 
     address any inadequacies in the proposed JTRS budgets.
       The conferees have supported the JTRS program in the past, 
     although the conferees have questioned the JTRS program 
     structure and the inability of the Department to deliver a 
     software programmable radio. The conferees endorse the 
     designation of a JPEO for the JTRS program, and believe that 
     the JPEO should have the authority to successfully manage a 
     program of this size and cost, once the JTRS program is 
     reevaluated and restructured by the Secretary. In the 
     interim, the conferees agree that the JTRS JPEO should review 
     and certify the current and proposed service JTRS budgets to 
     ensure the programs can meet the requirements of the 
     combatant commanders. Although the conferees encourage the 
     Department to procure legacy radios, the conferees also 
     believe that interim radio communication capabilities should 
     be evolutionary and be able to transition to the long-term 
     system solution with maximum hardware and software reuse.
     Limitation on systems development and demonstration of 
         personnel recovery vehicle (sec. 219)
       The House bill contained a provision (sec. 221) that would 
     prevent the expenditure of funds for systems development and 
     demonstration of the Personnel Recovery Vehicle (PRV) until 
     30 days after the Secretary of Defense submits to the 
     congressional defense committees a certification that the 
     requirements and schedule for the PRV have been validated by 
     the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics. The provision would also require the Secretary 
     to certify that all technologies required for the PRV are 
     mature and demonstrated in a relevant environment, and that 
     no other aircraft, or modification of an aircraft, in the 
     Department of Defense can meet the requirements of the PRV. 
     Finally, the provision would require the Secretary to provide 
     a statement setting forth the independent cost estimate and 
     manpower estimate for the PRV.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would allow the 
     expenditure of no more than 40 percent of the funds made 
     available for systems development and demonstration of the 
     PRV pending the submission of a certification by the 
     Secretary that the Joint Requirements and Oversight Council 
     has validated the requirement for the PRV program and that 
     the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics has validated the acquisition schedule. The 
     amendment would also require the Secretary to provide an 
     explanation of the reasons why the chosen PRV system would be 
     more effective or less expensive in terms of total life-cycle 
     costs in the event the Department chooses a PRV system not in 
     the Department's inventory.
     Limitation on VXX helicopter program (sec. 220)
       The House bill contained a provision (sec. 227) that would 
     limit the obligation of research, development, test, and 
     evaluation funds, or procurement funds, for acquisition of 
     pilot production helicopters for the VXX helicopter program 
     until the Secretary of the Navy certifies to the 
     congressional defense committees that the results of the 
     tests conducted by the fleet of test article helicopters for 
     the VXX program demonstrate that VXX helicopters in the VXX 
     mission configuration can be produced without significant 
     further design modification.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would withhold 25 
     percent of the amount authorized to be appropriated for the 
     system development and demonstration of the VXX helicopter 
     until the Secretary of the Navy submits to the congressional 
     defense committees an event-driven acquisition strategy for 
     increment two of the VXX program that includes the completion 
     of at least one phase of operational testing on production 
     representative test vehicles before the initiation of 
     aircraft production. The provision would require that the 
     acquisition strategy be developed by the Secretary of the 
     Navy in coordination with the Director of Operational Test 
     and Evaluation of the Department of Defense.
       The conferees strongly support the VXX program, but believe 
     that the current program schedule for concurrent development 
     and production of both three test articles and pilot 
     production helicopters includes too much risk. The conferees 
     understand that existing EH-101 test vehicles are engaged in 
     flight activities, including engine upgrade certification 
     tests, pilot training, mission profile evaluation, and 
     communications suite test and evaluation. The conferees also 
     understand that increment one pilot-production aircraft will 
     be utilized for specific communications, mission systems, and 
     survivability testing; and the procurement and testing of 
     pilot-production aircraft in 2006 will help reduce the risk 
     in increment two. The conferees believe that it would be 
     prudent for the Department of the Navy to develop an event-
     driven acquisition strategy that includes (1) a list of 
     the critical technologies required for the production and 
     operation of increment two aircraft for the VXX executive 
     helicopter program; (2) a schedule that accepts no more 
     than moderate risk in either cost or schedule for the 
     demonstration and test of each critical technology listed 
     in the event-driven acquisition strategy; (3) a 
     description of the event-based decision points and 
     associated decision criteria that will occur before the 
     initiation of production of increment two aircraft; (4) a 
     description of a proposed operational evaluation using 
     production representative test vehicles to occur before 
     the initiation of production of increment two aircraft; 
     and (5) an

[[Page H13029]]

     evaluation of the acquisition strategy provided by the 
     Director of Operational Test and Evaluation of the 
     Department of Defense.
     Report on testing of Internet Protocol version 6 (sec. 221)
       The House bill contained a provision (sec. 216) that would 
     mandate the testing of Internet Protocol version 6 (IPv6) by 
     the Naval Research Laboratory.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Chairman of the Joint Chiefs of Staff to certify the adequacy 
     of the IPv6 network. The amendment would also require the 
     Director of Operational Test and Evaluation be responsible 
     for the oversight of the test program. The amendment would 
     further require the Department to submit annual reports to 
     the congressional defense committees.
       The conferees note that the recently released IPv6 Master 
     Test Plan details a testing plan that consolidates and 
     coordinates all planned IPv6 related testing activities 
     across the Department to ensure that the highest priority 
     testing requirements are addressed. The conferees direct the 
     Department to ensure that this testing is done in an 
     independent, systematic manner and includes rigorous, 
     realistic, end-to-end testing of IPv6. The conferees note 
     that the Naval Research Laboratory's Global Information Grid 
     Evaluation Facility can perform a significant amount of this 
     mandated testing in an effective and independent manner and 
     should be utilized accordingly.
       The conferees are also concerned that the Department has 
     not adequately estimated the costs for the transition of 
     Department systems to IPv6 and therefore has not budgeted for 
     these costs. The conferees note that the Department did not 
     include the overall cost estimates required by section 331 of 
     the Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375) in the IPv6 Transition 
     Plan, although the plan did note that ``the availability of 
     'new' dollars to support IPv6 transition is not expected''. 
     Therefore, the conferees direct the Director of the 
     Congressional Budget Office to provide a realistic estimate 
     by service and agency for the cost of completing the 
     conversion of Department systems to IPv6, and report the 
     results to the congressional defense committees no later than 
     January 1, 2007.

                  Subtitle C--Missile Defense Programs

  Report on capabilities and costs for operational boost/ascent-phase 
                   missile defense systems (sec. 231)

       The House bill contained a provision (sec. 231) that would 
     require the Secretary of Defense to conduct an assessment of 
     the missile defense programs, which are designed to protect 
     against boost/ascent-phase ballistic missile attacks, and to 
     submit a report to the congressional defense committees by 
     October 1, 2006.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     One-year extension of Comptroller General assessments of 
         ballistic missile defense programs (sec. 232)
       The Senate amendment contained a provision (sec. 221) that 
     would extend until fiscal year 2007 the requirement for the 
     Comptroller General to provide an assessment of ballistic 
     missile defense programs.
       The House bill contained no similar provision.
       The House recedes.
     Fielding of ballistic missile defense capabilities (sec. 233)
       The Senate amendment contained a provision (sec. 222) that 
     would authorize the use of funds, authorized to be 
     appropriated for fiscal year 2006 or 2007 for research, 
     development, test, and evaluation for the Missile Defense 
     Agency, for the development and fielding of ballistic missile 
     defense capabilities.
       The House contained no similar provision.
       The House recedes with a technical amendment.
     Plans for test and evaluation of operational capability of 
         the ballistic missile defense system (sec. 234)
       The Senate amendment contained a provision (sec. 223) that 
     would direct the appropriate operational test and evaluation 
     components of the Department of Defense, in coordination with 
     the Missile Defense Agency, to prepare a plan to test, 
     evaluate, and characterize the operational capability of each 
     block of the missile defense system.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.

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

     High-performance defense manufacturing technology research 
         and development (secs. 241-245)
       The Senate amendment contained a set of provisions (secs. 
     231-235) that would direct the Department of Defense to 
     undertake research and development on innovative 
     manufacturing processes and disseminate those processes into 
     the defense industrial base.
       The House bill contained no similar provision.
       The House recedes with an amendment that would establish a 
     pilot program to develop innovative manufacturing processes 
     and disseminate them into industry.
       The conferees believe that rapidly developing technology 
     coupled with an increasingly competitive global economic and 
     security environment makes the importance of maintaining a 
     robust domestic manufacturing base a continuing national 
     security concern. The conferees note that the Defense 
     Manufacturing Technology (ManTech) program is a 
     transformational program intended to keep the defense 
     manufacturing base on the cutting edge of innovative 
     processes and technologies. The conferees believe that a 
     reinvigorated ManTech program could lead to a stronger 
     defense manufacturing base and enhance our national security.

                       Subtitle E--Other Matters

     Comptroller General report on program element structure for 
         research, development, test, and evaluation projects 
         (sec. 251)
       The House bill contained a provision (sec. 222) that would 
     require the Department of Defense to assign a separate 
     program element for each research, development, test, and 
     evaluation (RDT&E) project with estimated expenditures and 
     proposed appropriations of $100.0 million or more over the 
     future years defense program.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would direct the 
     Comptroller General to conduct a study of the current program 
     element structure.
       The conferees recognize the need for flexibility in 
     planning and managing complex RDT&E programs and projects. 
     The program element (PE) structure used to budget and 
     allocate resources to RDT&E projects was created over 4 
     decades ago and has not been recently evaluated or updated. 
     Congress has required incremental adjustments to the budget 
     detail presented by the Department to ensure proper 
     oversight, but has become increasingly frustrated with the 
     incorrect application of directives in the classification of 
     programs and projects by budget activity, the addition of 
     large new projects under existing PEs, the resulting lack of 
     transparency in planning and budgeting, and reduced 
     visibility into sub-elements and projects.
       The study should include an analysis of the current 
     structure and content and an assessment of the effectiveness 
     of program element and budget justification materials in 
     providing necessary data for congressional oversight and 
     budget transparency. These recommendations should balance the 
     needs of Congress, other governmental organizations, and the 
     public to ensure visibility into the Department's budgets and 
     programs with the need for the Department to retain 
     sufficient management flexibility. The report should include: 
     (1) recommendations on program element size and content; (2) 
     budget justification material content; (3) appropriate 
     reprogramming authorities within and between program 
     elements; and (4) recommendations regarding the structure of 
     program elements as they relate to highly complex research 
     and development programs, particularly those that employ the 
     system of systems concept. The report should be submitted to 
     the congressional defense committees no later than February 
     1, 2007, with potential implementation in the fiscal year 
     2009 budget submission.
     Research and development efforts for purposes of small 
         business research (sec. 252)
       The House bill contained a provision (sec. 223) that would 
     establish a pilot program to expand the role of small 
     business concerns in defense acquisition.
       The Senate amendment contained a similar provision (sec. 
     814) that would revise criteria and procedures for 
     identification of Small Business Innovation Research (SBIR) 
     topic areas and establish a Commercialization Pilot Program 
     to accelerate transition of SBIR programs into the 
     acquisition process.
       The House recedes with an amendment that would modify the 
     reporting requirement of this provision.
     Revised requirements relating to submission of Joint 
         Warfighting Science and Technology plan (sec. 253)
       The House bill contained a provision (sec. 224) that would 
     require submission of the Joint Warfighting Science and 
     Technology plan to Congress every 2 years, rather than 
     annually, and would repeal the requirement for the plan to 
     contain technology area review and assessment summaries.
       The Senate amendment contained a similar provision (sec. 
     1041).
       The Senate recedes with an amendment that would require 
     submission of the technology area review and assessment upon 
     completion.
     Report on efficiency of naval shipbuilding industry (sec. 
         254)
       The House bill contained a provision (sec. 225) that would 
     require the Secretary of the Navy to establish a program, and 
     to provide funds that are made available to: (1) qualified 
     applicants to facilitate and develop innovative design and 
     production technologies and processes for naval vessels and 
     the development of modernized shipbuilding infrastructure; 
     and (2) private shipyards to facilitate their acquisition of 
     such technologies, processes, and infrastructure. The 
     provision would outline the purpose of the program, how the 
     development funding could be applied for, how the 
     participating entities would be selected, and how the 
     shipyards would incorporate the technologies or processes. 
     The provision would also require the Secretary to conduct an 
     assessment of certain shipbuilding phases at least annually.

[[Page H13030]]

     The provision would provide $100.0 million from the Research, 
     Development, Test, and Evaluation, Navy, account in fiscal 
     year 2006 to establish this program.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary to conduct an assessment of the U.S. naval 
     shipbuilding industry to determine how worldwide shipbuilding 
     industry best practices for innovation, design, and 
     production technologies, processes, and infrastructure could 
     be adopted. The amendment would require the assessment to 
     identify those best practices that have not been adopted by 
     the U.S. naval shipbuilding industry; estimate the costs to 
     adopt and the return on investment by adopting these best 
     practices; and any recommendations the Secretary may have to 
     increase naval shipbuilding efficiencies. The amendment would 
     require this assessment to occur subsequent to, and take into 
     consideration the results of, the study of the cost 
     effectiveness of the Navy shipbuilding program required by 
     section 1014 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375). 
     The amendment would require the Secretary to submit a report 
     to the congressional defense committees by April 1, 2006, 
     which would include the Secretary's findings and conclusions 
     based on this assessment.
     Technology transition (sec. 255)
       The Senate amendment contained a provision (sec. 242) that 
     would clarify the role of the Technology Transition Council.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment that would 
     ensure that the required report includes an assessment of the 
     Department Defense requirements, budgeting and planning 
     process on technology transition and modify the deadline for 
     submission of the report to not later than 9 months after the 
     enactment of this Act.
     Prevention, mitigation, and treatment of blast injuries (sec. 
         256)
       The Senate amendment contained a provision (sec. 243) that 
     would require the Secretary of Defense to designate an 
     executive agent to coordinate and manage a comprehensive 
     blast injury prevention, mitigation, and treatment program. 
     The provision would require review and assessment of a 
     coordinated, department-wide research effort to include: 
     blast characterization; modeling and simulation of safe 
     stand-off distances; explosive detect and defeat 
     capabilities; and armor design and material testing for 
     blast, ballistic, and fire protection. The provision would 
     also require support for emerging military medical 
     technologies, devices, and treatments specific to blast 
     injuries including traumatic brain injury.
       The House bill contained no similar provision.
       The House recedes with an amendment that would revise the 
     responsibilities of the executive agent required by this 
     section. The amendment would also require the Director, 
     Defense Research and Engineering to work in coordination with 
     the executive agent and the Director, Joint Improvised 
     Explosive Device Task Force on research for the prevention 
     and mitigation of blast injuries.
       The conferees intend to ensure a focused effort on 
     providing the best treatment and protection for U.S. 
     soldiers, sailors, airmen, marines, and National Guardsmen as 
     they confront evolving threats in unpredictable environments. 
     The Department of Defense acquisition system should 
     incorporate emerging health hazards data produced by efforts 
     under this section into the human systems integration 
     assessments conducted for all acquisition programs.
     Modification of requirements for annual report on DARPA 
         program to award cash prizes for advanced technology 
         achievements (sec. 257)
       The Senate amendment contained a provision (sec. 244) that 
     would clarify reporting requirements on utilization of 
     authority granted by the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65) to run competitions 
     and award prizes for achievements in research and technology 
     development.
       The House bill contained no similar provision.
       The House recedes with technical amendments.
     Designation of facilities and resources constituting the 
         major range and test facility base (sec. 258)
       The Senate amendment contained a provision (sec. 245) that 
     would update the Bob Stump National Defense Authorization Act 
     of Fiscal Year 2003 (Public Law 107-314) to reflect changes 
     in the Test Resource Management Center oversight of major 
     research and test facilities. The provision would designate 
     the Secretary of Defense, rather than the Director, 
     Operational Test and Evaluation, as the official in charge of 
     major range and test facility designations.
       The House bill contained no similar provision.
       The House recedes.
     Report on cooperation between Department of Defense and 
         National Aeronautics and Space Administration on 
         research, development, test, and evaluation activities 
         (sec. 259)
       The Senate amendment contained a provision (sec. 246) that 
     would require a joint Department of Defense and National 
     Aeronautics and Space Administration assessment of research, 
     development, test, and evaluation cooperation.
       The House bill contained no similar provision.
       The House recedes with an amendment that would ensure that 
     the assessment of space access and operations includes a 
     focus on responsive space launch and small satellite 
     development.
     Delayed effective date for limitation on procurement of 
         systems not GPS-equipped (sec. 260)
       The Senate amendment contained a provision (sec. 247) that 
     would delay the effective date by which the military services 
     must complete equipping their forces with the global 
     positioning system (GPS) from 2005 to 2007.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
       The conferees recognize that the Department of Defense is 
     still working toward compliance with section 152(b) of the 
     National Defense Authorization Act for Fiscal Year 1994 
     (Public Law 103-160) with regard to equipping all aircraft, 
     ships, armored vehicles, and indirect fire systems with GPS 
     capability. The current program calls for Army compliance by 
     the end of fiscal year 2007 and for Air Force compliance in 
     fiscal year 2015. The conferees believe there may not be 
     value added to modifying certain platforms currently planned 
     for modification after 2007. Therefore, the conferees direct 
     the Secretary of Defense to perform an assessment of all 
     Department of Defense aircraft, ships, armored vehicles, and 
     indirect fire system that will not be equipped with GPS 
     capability by the end of fiscal year 2007 to determine 
     whether the operational value of modifying each system with 
     GPS is worth the cost of so doing. A report of the results of 
     this assessment is due to the congressional defense 
     committees by February 1, 2007.
     Report on development and use of robotics and unmanned ground 
         vehicle systems (sec. 261)
       The Senate amendment contained a provision (sec. 248) that 
     would require a report on the development and utilization of 
     robotics and unmanned ground vehicle systems.
       The House bill contained no similar provision.
       The House recedes with an amendment to expand and clarify 
     the requirements of the report.
       The conferees note that the Joint Robotics Program (JRP) 
     produces a Joint Robotics Program Master Plan that details 
     JRP activities, progress, and budgets. The conferees intend 
     for the report required by this provision to expand on the 
     JRP effort to include a detailed description of all the 
     relevant robotics and unmanned ground vehicle efforts 
     undertaken by all of the elements of the Department of 
     Defense, as well as other required elements indicated in the 
     provision.
       The conferees continue to support the goal established by 
     the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 (Public Law 106-398) that, by 2015, one-
     third of operational ground combat vehicles be unmanned. The 
     conferees direct the Secretary of Defense to provide a cost 
     estimate for research, development, testing, and procurement 
     to achieve this goal along with the submission of a report to 
     the congressional defense committees not later than 9 months 
     after the enactment of this Act, as required by this 
     provision.

                   Legislative Provisions Not Adopted

     Aging military aircraft fleet support
       The Senate amendment contained a provision (sec. 214) that 
     would authorize $4.0 million for technical personnel, 
     facilities, and equipment to support the Department of 
     Defense mission in maintaining the aging fleet of military 
     aircraft.
       The House contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, Air 
     Force, PE 63112F.
     Arrow ballistic missile defense system
       The Senate amendment contained a provision (sec. 224) that 
     would authorize up to $80.0 million for coproduction of the 
     Arrow ballistic missile defense system.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, 
     Defense-wide PE 63881C.
     Defense basic research programs
       The Senate amendment contained a provision (sec. 219) that 
     would authorize $40.0 million for Department of Defense 
     competitively awarded basic research and education programs.
       The House contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, Army 
     PE 61103A, Navy PE 61103N, Air Force PE 61103F, Defense-wide 
     PE 61101E, and Defense-wide PE 61120D8Z.
     Field programmable gate array
       The Senate amendment contained a provision (sec. 217) that 
     would authorize $3.0 million for Air Force research on field 
     programmable gate arrays, a type of microelectronic circuit 
     designed to perform various functions without requiring 
     physical changes to the chip.
       The House bill contained no similar provision.

[[Page H13031]]

       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, Air 
     Force PE 62601F.
     Funding for development of distributed generation 
         technologies
       The Senate amendment contained a provision (sec. 204) that 
     would authorize $1.0 million for Army research and evaluation 
     of a process for converting propellants into fertilizer.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, Army, 
     PE 63103A.
     Funding for research and technology transition for high-
         brightness electron source program
       The Senate amendment contained a provision (sec. 203) that 
     would authorize $1.5 million for Navy research and transition 
     of the high-brightness electron source program to develop 
     novel electronic materials for Navy applications.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, Navy 
     PE 62271N.
     Funding for supersonic cruise missile engine qualification
       The House bill contained a provision (sec. 228) that would 
     authorize $10.0 million for Air Force engine qualification of 
     the supersonic cruise missile.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, Air 
     Force, PE 63216F.
     Joint service small arms program
       The Senate amendment contained a provision (sec. 216) that 
     would authorize $5.0 million for Army applied research on gun 
     recoil reduction as part of the joint service small arms 
     program.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, Army, 
     PE 62623A.
     Long wavelength array low frequency radio astronomy 
         instruments
       The Senate amendment contained a provision (sec. 218) that 
     would authorize $6.0 million for Navy research on the long 
     wavelength array low frequency radio astronomy instrument.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, Navy 
     PE 63114N.
     Medium tactical vehicle modifications
       The Senate amendment contained a provision (sec. 219B) that 
     would authorize an additional $5.0 million for the 
     development and prototyping of technologies including off-
     road active suspension, increased payload capacity, and 
     reduced logistics footprint.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, Army, 
     PE 64604A.
     Objective requirements for Non-Line-of-Sight Cannon system 
         not to be diminished to meet weight requirements
       The House bill contained a provision (sec. 212) that would 
     require the Secretary of Defense to ensure that the objective 
     requirements established for the Non-Line-of-Sight Cannon not 
     be diminished in order to achieve the weight requirements in 
     existence as of April 14, 2003.
       The Senate amendment contained no similar provision.
       The House recedes.
     Project Sheriff
       The Senate amendment contained a provision (sec. 219A) that 
     would authorize $10.0 million for the Office of Force 
     Transformation to continue development and testing of Project 
     Sheriff on additional Army Stryker vehicles.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, 
     Defense-wide PE 65799D8Z.
     Renewal of University National Oceanographic Laboratory 
         System fleet
       The House bill contained a provision (sec. 226) that would 
     require the Secretary of the Navy to develop a plan for a 
     program to construct ships for the University National 
     Oceanographic Laboratory System (UNOLS) fleet.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees are concerned with the Navy's plans to fund 
     the construction of academic research vessels in the basic 
     research account in fiscal year 2007. While the Ocean-class 
     research vessel provides the Navy with a robust understanding 
     of its battlespace, diversion of fundamental science funds to 
     design and construct such ships would adversely affect the 
     goals of the innovative research account and is an 
     inappropriate use for scarce Navy basic research funds. The 
     conferees direct the Navy to fund design work for future 
     ships in PE 63564N, the Ship Preliminary Design and 
     Feasibility Studies program.
       Released with the fiscal year 2006 budget request, the 
     fiscal year 2007 budget projection included $25.0 million for 
     UNOLS ship construction. The conferees direct the Navy to 
     request ship construction funds in the Shipbuilding and 
     Conversion, Navy (SCN) account. The committee expects that 
     the Navy will continue to use the SCN account to provide for 
     the recapitalization of Ocean-class research vessels in the 
     future-years defense program.
       Finally, the conferees direct the Navy to update its plan 
     for renewal of the UNOLS fleet to reflect current fiscal 
     realities, schedules, missions, and research priorities. The 
     updated plan should be submitted to the congressional defense 
     committees no later than 6 months after the date of enactment 
     of this Act.
     Required flight-intercept test of ballistic missile defense 
         ground-based midcourse system
       The House bill contained a provision (sec. 232) that would 
     authorize $100.0 million above the budget request for the 
     midcourse defense segment for one additional flight-intercept 
     test of the ground-based midcourse defense system.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, 
     Defense-wide, PE 63882C.
     Telemedicine and advanced technology research center
       The Senate amendment contained a provision (sec. 114) that 
     would authorize $1.0 million for the Army to ensure that 
     medical records of injured personnel are accurately kept and 
     to enable reliable transfer of records from main triage 
     facilities to local care centers.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, Army 
     PE 63002A.
     Towed array handler
       The Senate amendment contained a provision (sec. 115) that 
     would authorize $5.0 million in PE 64503N for the design, 
     development, and test of improvements to the towed array 
     handler.
       The House bill contained no similar provision.
       The Senate recedes.
       The outcome is reflected in the tables of this report in 
     Research, Development, Test, and Evaluation, Navy PE 64503N.
     Warhead/Grenade Scientific Based Manufacturing Technology
       The Senate amendment contained a provision (sec. 215) that 
     would authorize $1.0 million for Army investigation of 
     technologies in metals forming and machining applications, 
     which could be applied to manufacturing of medium caliber 
     warheads, cartridge cases, and grenades for artillery rounds.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Research, Development, Test, and Evaluation, Army 
     PE 62624A.

                  TITLE III--OPERATION AND MAINTENANCE

     Operation and Maintenance overview
       The budget request for fiscal year 2006 included an 
     authorization of $126,902.5 million for Operation and 
     Maintenance, $22,302.9 million for Other Programs, and 
     $3,119.8 million for Working Capital Fund Accounts in the 
     Department of Defense.
       The House bill would authorize $124,342.1 million for 
     Operation and Maintenance, $22,232.2 million for Other 
     Programs, and $3,168.4 million for Working Capital Fund 
     Accounts.
       The Senate amendment would authorize $126,442.8 million for 
     Operation and Maintenance, $22,432.1 million for Other 
     Programs, and $2,482.6 million for Working Capital Fund 
     Accounts.
       The conferees agree to authorize $125,715.2 million for 
     Operation and Maintenance, $22,429.8 million for Other 
     Programs, and $3,129.1 million for Working Capital Fund 
     Accounts.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.

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[[Page H13071]]

                       Items of Special Interest

     Unjustified base support cost growth
       The budget request included $2,286.5 million for Air Force 
     base support programs.
       The House bill would authorize a decrease of $82.6 million 
     from Air Force base support programs, including a $65.0 
     million decrease in base services related supplies and 
     materials.
       The Senate amendment would authorize the budget request.
       The conferees agree to authorize a decrease of $80.0 
     million for Air Force base support programs.
       The conferees acknowledge the need for force enablers such 
     as mess attendants, gymnasiums, and libraries and are aware 
     of the impact these services have on quality of life. 
     However, the conferees believe that tripling funding in order 
     to replace gym equipment such as cardio machines and food 
     service items such as silverware and cooking utensils is 
     unjustified.

                     Legislative Provisions Adopted

              Subtitle A--Authorization of Appropriations

     Authorization of appropriations (secs. 301-303)
       The House bill contained provisions (secs. 301-303) that 
     would authorize fiscal year 2006 funding levels for all 
     operation and maintenance accounts, working capital funds, 
     and other Department of Defense programs, including the 
     Defense Inspector General, the Chemical Demilitarization 
     Program, and the Defense Health Program.
       The Senate amendment contained similar provisions (secs. 
     301-303).
       The conference agreement includes these provisions.

                  Subtitle B--Environmental Provisions

     Elimination and simplification of certain items required in 
         the annual report on environmental quality programs and 
         other environmental activities (sec. 311)
       The House bill contained a provision (sec. 311) that would 
     eliminate and simplify certain items required to be included 
     in the annual report on environmental quality programs and 
     other environmental activities.
       The Senate amendment contained a similar provision (sec. 
     311).
       The House recedes with an amendment that would require the 
     Department of Defense to provide in the report a list of 
     environmental fines or penalties that exceed $1.0 million.
     Payment of certain private cleanup costs in connection with 
         Defense environmental restoration program (sec. 312)
       The House bill contained a provision (sec. 314) that would 
     amend section 2701 of title 10, United States Code, to 
     authorize the Secretary of Defense to reimburse a private 
     landowner for costs incurred assisting the Department of 
     Defense in meeting its covenant responsibilities pursuant to 
     section 120(h) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act (CERCLA) of 1980 (42 U.S.C. 
     9620(h)). This section would not affect, alter, or diminish 
     the responsibility and legal obligation of the Department to 
     conduct cleanup under section 120(h) of CERCLA.
       The Senate amendment contained a similar provision (sec. 
     312).
       The Senate recedes with an amendment that would clarify 
     that in those instances where the property is disposed of 
     pursuant to a base closure law, the sole source of funds for 
     environmental restoration services under section 2701(d)(1), 
     title 10, United States Code, would be the base closure 
     account until the closure of the applicable base closure 
     account. Other Department environmental remediation accounts 
     would become the source of funding for such cleanups after 
     the base closure account has been closed.

                 Subtitle C--Workplace and Depot Issues

     Modification of authority of Army working-capital funded 
         facilities to engage in cooperative activities with non-
         Army entities (sec. 321)
       The House bill contained a provision (sec. 321) that would 
     authorize Army industrial facilities to retain the working 
     capital funds received from the sale of unique goods or 
     services.
       The Senate amendment contained a similar provision (sec. 
     330).
       The House recedes with a technical amendment.
     Limitation on transition of funding for east coast shipyards 
         from funding through Navy Working Capital Fund to direct 
         funding (sec. 322)
       The Senate amendment contained a provision (sec. 322) that 
     would prohibit the Secretary of the Navy from using direct 
     funding for east coast Naval shipyards. The Navy would be 
     required to continue funding these shipyards until the later 
     of 6 months after providing a complete report to the 
     congressional defense committees on the use of direct funding 
     at the Puget Sound Naval Shipyard, or October 1, 2006.
       The House bill contained no similar provision.
       The House recedes with an amendment that would prohibit the 
     Secretary from using direct funding for the east coast Naval 
     Shipyards until October 1, 2006. The conferees direct the 
     Secretary to provide an assessment of the conversion of the 
     Puget Sound Naval Shipyard from funding through the working 
     capital fund of the Navy to funding on a direct basis by 
     March 1, 2006. The conferees also direct the Secretary to 
     provide a report on proposed congressional budget exhibits 
     for Navy mission-funded shipyards by March 1, 2006.
       The conferees direct the Comptroller General and the 
     Director of the Congressional Budget Office to review the 
     reports required of the Navy and report back detailed 
     findings no later than 60 days after receipt of the reports 
     to the congressional defense committees.
     Armament Retooling and Manufacturing Support Initiative 
         matters (sec. 323)
       The Senate amendment contained a provision (sec. 340) that 
     would add government-owned, contractor-operated depots that 
     store, maintain, renovate, or demilitarize ammunition, as 
     eligible facilities for the purposes of participating in the 
     Armament Retooling and Manufacturing Support Initiative. The 
     provision would also make such facilities eligible for the 
     initiative's loan guarantee program.
       The House bill contained no similar provision.
       The House recedes with an amendment that would include 
     encouragement of the commercial use of government-owned, 
     contractor-operated ammunition storage, maintenance, 
     renovation, and demilitarization facilities as additional 
     policy objectives under the Armament Retooling and 
     Manufacturing Support Initiative. The amendment would also 
     broaden the purpose of the initiative with respect to work 
     force skills.
     Sense of Congress regarding depot maintenance (sec. 324)
       The Senate amendment contained a provision (sec. 331) that 
     would make several findings regarding the effectiveness of 
     the Air Force's Depot Maintenance Strategy and Master Plan 
     and the importance of its efforts to modernize its depots. 
     The provision also commends the Air Force for its 
     implementation of the Depot Maintenance Strategy and Master 
     Plan, particularly the commitment to invest $150.0 million 
     per year for 6 years to modernize its depots. Finally, the 
     provision encourages the Air Force to maintain that 
     commitment throughout the 6-year period, which ends in 2009.
       The House bill contained no similar provision.
       The House recedes with an amendment that would delete 
     reference to specific funding figures, and instead encourage 
     the Air Force to remain committed to the process improvement 
     initiatives and the investment and recapitalization projects 
     contained in the Depot Maintenance Strategy and Master Plan.

              Subtitle D--Extension of Program Authorities

     Extension of authority to provide logistics support and 
         services for weapon systems contractors (sec. 331)
       The House bill contained a provision (sec. 331) that would 
     extend, for an additional 3 years, a program by which the 
     Defense Logistics Agency could provide logistics support and 
     services to a contractor in support of its performance on a 
     contract for the construction, modification, or maintenance 
     of a weapons system. The Secretary of Defense has not 
     finalized the required program regulations. The current 
     authority expires on September 30, 2007. Moving the 
     expiration date to 2010 would correspond to the originally 
     envisioned 5-year pilot period.
       The Senate amendment contained an identical provision (sec. 
     326).
       The conference agreement includes this provision.
     Extension of period for reimbursement for certain protective, 
         safety, or health equipment purchased by or for members 
         of the Armed Forces deployed in contingency operations 
         (sec. 332)
       The Senate amendment contained a provision (sec. 333) that 
     would repeal the requirement in section 351 of the Ronald W. 
     Reagan National Defense Authorization Act for Fiscal Year 
     2005 (Public Law 108-375) that the Secretary of Defense 
     establish a program to reimburse members of the Armed Forces 
     for personal protection equipment purchased by or for members 
     when such equipment was not issued to the member, under rules 
     to be promulgated by the Secretary, and replace it with a 
     requirement to reimburse such members on the determination of 
     their unit commander that such equipment was critical. The 
     provision would also establish a fund for such 
     reimbursements, specify equipment that would be covered, 
     including vehicle armor, and extend the date for which 
     eligible purchases could be made until September 30, 2006.
       The House bill contained no similar provision.
       The House recedes with an amendment that would extend the 
     period during which equipment eligible for reimbursement 
     could be purchased from July 31, 2004, until April 1, 2006.
       The conferees urge the Department of Defense to expand the 
     list of eligible items published on October 4, 2005, to 
     include deltoid or side plate body armor, gloves, and knee or 
     elbow pads, to the extent those items meet the requirements 
     of this Act.

                        Subtitle E--Outsourcing

     Public-private competition (sec. 341)
       The House bill contained a provision (sec. 322) that would: 
     (1) codify the existing prohibition on converting a function 
     to private sector performance unless the conversion would 
     result in savings of at least 10 percent or $10.0 million; 
     (2) prohibit the Secretary of Defense from breaking up a 
     function to avoid applicable thresholds for conducting a 
     public-private competition; and (3) require the Secretary to 
     conduct a competition, including an agency tender, a most 
     efficient organization plan, and a formal cost comparison

[[Page H13072]]

     for any function performed by 10 or more civilian employees.
       The Senate amendment contained a similar provision (sec. 
     809F).
       The Senate recedes with an amendment that would: (1) 
     incorporate the requirements of the House and Senate 
     provisions into the text of section 2461 of title 10, United 
     States Code; and (2) revise sections 2461, 2461a, 2462, and 
     2463 of title 10, United States Code to streamline and update 
     the text of these provisions.
     Contracting for procurement of certain supplies and services 
         (sec. 342)
       The Senate amendment contained a provision (sec. 809H) that 
     would amend section 8014 of the Department of Defense 
     Appropriations Act for Fiscal Year 2005 (Public Law 108-287) 
     to clarify the treatment of health care costs in public-
     private competitions under such Act.
       The House bill contained no similar provision.
       The House recedes.
     Performance of certain work by federal government employees 
         (sec. 343)
       The House bill contained a provision (sec. 323) that would 
     establish a pilot program for public-private competition for 
     work that is currently performed by contractors.
       The Senate amendment contained a provision (sec. 809G) that 
     would require the Secretary of Defense to prescribe 
     guidelines and procedures to ensure that consideration is 
     given to using federal government employees for work that is 
     currently performed under Department of Defense contracts and 
     new requirements.
       The House recedes with an amendment that would require the 
     Secretary to prescribe guidelines and procedures to ensure 
     that consideration is given to using federal government 
     employees for work that would otherwise be performed under 
     Department of Defense contracts, but could be performed by 
     federal government employees. The conferees expect these 
     guidelines to provide for the assignment of work to federal 
     government employees (and for hiring new federal government 
     employees) in appropriate circumstances, without the 
     requirement to perform public-private competition under 
     Office of Management and Budget Circular A-76 or any other 
     provision of law or regulation.
     Extension of temporary authority for contractor performance 
         of security guard functions (sec. 344)
       The House bill contained a provision (sec. 332) that would 
     extend by 2 years the authority for contractor performance of 
     security guard functions under section 332 of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003 
     (Public Law 107-314), and require the Secretary of Defense 
     and the secretaries of the military departments to conduct 
     new full and open competitions pursuant to section 2304 of 
     title 10, United States Code, for security guard requirements 
     under this section.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would provide for 
     a 1-year extension of section 332 of the Bob Stump National 
     Defense Authorization Act.

             Subtitle F--Analysis, Strategies, and Reports

     Report on Department of Army programs for prepositioning of 
         equipment and other materiel (sec. 351)
       The House bill contained a provision (sec. 355) that would 
     require the Secretary of the Army to conduct an assessment of 
     Department of the Army programs for the prepositioning of 
     equipment and other materiel stocks. The assessment would 
     focus on how those programs are configured to support the 
     evolving goals of the Department of the Army and their 
     ability to support wartime requirements. The Secretary would 
     submit to Congress, not later than January 1, 2006, a report 
     on this assessment. The provision would also require the 
     Comptroller General to submit to Congress a review of the 
     Secretary of the Army's assessment not later than 120 days 
     after receipt of the Secretary of the Army's report.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would change the 
     date of the Secretary of the Army's report to March 1, 2006, 
     and make a clarification to the legislative text.
     Reports on budget models used for base operations support, 
         sustainment, and facilities recapitalization (sec. 352)
       The House bill contained a provision (sec. 354) that would 
     require a report during each of the next 5 fiscal years from 
     the Secretary of Defense on the Department of Defense's 
     models for base operations support, sustainment, and 
     facilities recapitalization budgets.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment.
     Army training strategy for brigade-based combat teams and 
         functional supporting brigades (sec. 353)
       The Senate amendment contained a provision (sec. 327) that 
     would direct the Secretary of the Army to develop and 
     implement a training strategy, including performance goals 
     and metrics, for the Army's new modular force. The provision 
     would also require the Secretary to submit a report to the 
     congressional defense committees within 1 year after the 
     enactment of this Act on the elements necessary to implement 
     this training strategy, including funding. The provision 
     would also direct the Comptroller General to monitor the 
     implementation of the strategy and to submit a report to the 
     congressional defense committees within 18 months after the 
     enactment of this Act. The report would contain an assessment 
     of the Army's progress in implementing the training strategy.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary to develop and implement this training strategy as 
     soon as practicable, and change the date of the Comptroller 
     General's report to the congressional defense committees to 
     180 days after the Secretary's report is submitted.
     Report regarding effect on military readiness of undocumented 
         immigrants trespassing upon operational ranges (sec. 354)
       The House bill contained a provision (sec. 356) that would 
     require the Secretary of Defense and the Secretary of 
     Homeland Security to submit a report to Congress by March 15, 
     2006, on a joint plan to eliminate incursions of undocumented 
     immigrants into military training areas near international 
     borders. The report would also include an assessment of the 
     impact on military readiness caused by such incursions. This 
     provision would also require the Secretary of Defense to 
     submit to Congress semi-annual reports on mitigation measures 
     implemented since the previous report.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     assessment of the impact of undocumented immigrant incursions 
     into training areas on military readiness to be made only by 
     the Secretary of Defense, not the Secretary of Defense and 
     the Secretary of Homeland Security jointly. The amendment 
     would also change the date the initial report is due to 
     Congress to April 15, 2006.
     Report regarding Management of Army Lodging (sec. 355)
       The House bill contained a provision (sec. 358) that would 
     require the Secretary of Defense to report to Congress on the 
     results of a study evaluating the merits of allowing the Army 
     and Air Force Exchange System (AAFES) to manage Army lodging. 
     The Army would also be prohibited from soliciting 
     qualifications that would privatize Army lodging beyond Group 
     A until the Secretary's report was submitted to Congress.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require two 
     reports, one by the Secretary of the Army evaluating the 
     merits of privatization of Army lodging, and one by the Army 
     and Air Force Exchange Service commenting on the feasibility 
     of its participation in privatization of Army lodging. The 
     amendment requires two additional elements in each report: 
     the potential costs and benefits of each approach, and the 
     number of Army lodging personnel that would be impacted and 
     the total personnel-related costs which would occur as a 
     result of either approach.
       The conferees believe that AAFES should be allowed fair 
     consideration in any competitive procurement of lodging 
     management and services within the Department of Defense.
     Comptroller General report on corrosion prevention and 
         mitigation programs of the Department of Defense (sec. 
         356)
       The Senate amendment contained a provision (sec. 1043) that 
     would direct the Comptroller General to conduct a report on 
     the effectiveness of the corrosion prevention and mitigation 
     programs of the Department of Defense. The report would 
     include assessments of the following: (1) the Department's 
     November 2004 `Long-Term Strategy to Reduce Corrosion and the 
     Effects of Corrosion on the Military Equipment and 
     Infrastructure of the Department of Defense'; (2) the 
     adequacy of the funding requested in the budget proposal for 
     fiscal year 2006; (3) the adequacy and effectiveness of the 
     Department's organizational structure in implementing that 
     strategy; (4) the progress made to date in establishing 
     common corrosion-related metrics, definitions, and procedures 
     throughout the Department; (5) the progress made to date in 
     establishing a baseline estimate of the scope of the 
     Department's corrosion problem; (6) the extent to which the 
     Department's strategy has been revised to incorporate the 
     recommendations of the October 2004 Defense Science Board 
     report on corrosion control; (7) the implementation of the 
     Department's corrosion prevention and mitigation programs 
     during fiscal year 2006; and (8) the Comptroller General's 
     recommendations for addressing any shortfalls or areas of 
     potential improvement identified in the course of preparing 
     the report. The provision would require the Comptroller 
     General to submit the report to the congressional defense 
     committees not later than April 1, 2007.
       The House bill contained no similar provision.
       The House recedes with an amendment that would add a 
     requirement for an assessment of the adequacy of the funding 
     requested in the budget proposal for fiscal year 2007 to the 
     report.

[[Page H13073]]

     Study on use of biodiesel and ethanol fuel (sec. 357)
       The House bill contained a provision (sec. 315) that would 
     require a study by the Secretary of Defense on the use of 
     biodiesel and ethanol fuel by the Armed Forces and the 
     defense agencies and any measures that can be taken to 
     increase such use. The study would include a review of 
     potential future requirements for biodiesel and ethanol; an 
     assessment of commercial availability of the fuels; a review 
     of Department of Defense efforts to coordinate with 
     nonfederal entities for the expansion and use of alternative 
     fuel refueling stations; and an assessment of military 
     fueling infrastructure that could be converted for use of 
     biodiesel and ethanol fuel. The provision would also require 
     a report on this study to the congressional defense 
     committees not later than February 1, 2006.
       The Senate amendment contained a similar provision (sec. 
     329), but did not address biodiesel.
       The Senate recedes with an amendment that would change the 
     date of the report to the Committees on Armed Services of the 
     Senate and the House of Representatives to 270 days after the 
     date of enactment of this Act. The amendment would also 
     require an assessment of the cost and the feasibility of 
     adapting defense fueling infrastructure to handle biodiesel 
     and ethanol.
       The conferees encourage the Secretary to make use of 
     previously available reports and data, where feasible, to 
     complete the assessment of commercial biodiesel and ethanol 
     fuel availability and other appropriate elements of this 
     study.
     Report on effects of windmill farms on military readiness 
         (sec. 358)
       The Senate amendment contained a provision (sec. 346) that 
     would make a congressional finding regarding a report from 
     the Ministry of Defence of the United Kingdom on the effect 
     of windmill farms on military readiness. The provision would 
     also require the Secretary of Defense to submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives, within 180 days, a report on the effects of 
     windmill farms on military readiness and of technologies that 
     could mitigate any adverse effects on military operations 
     identified.
       The House bill contained no similar provision.
       The House recedes with an amendment that would strike the 
     congressional finding and change the requirement for 
     submission of the report to 120 days after the enactment of 
     this Act.
     Report on space-available travel for certain disabled 
         veterans and gray-area retirees (sec. 359)
       The House bill contained a provision (sec. 678) that would 
     require the Secretary of Defense, in consultation with the 
     Secretary of Veterans Affairs, to submit a report on the 
     feasibility of providing transportation on military aircraft 
     on a space-available basis for veterans with a service-
     connected disability rating of 50 percent or higher.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     report to also address the feasibility of authorizing space-
     available travel for gray-area retirees, i.e., members or 
     former members of a reserve component under 60 years of age 
     who, but for age, would be eligible for retired pay, and to 
     the dependents of specified veterans and gray-area 
     reservists.
     Report on joint field training and experimentation on 
         stability, security, transition, and reconstruction 
         operations (sec. 360)
       The Senate amendment contained a provision (sec. 212) that 
     would direct the Secretary of Defense to execute a joint 
     field experiment to address matters relating to stability and 
     security operations in fiscal year 2006.
       The House bill contained no similar provision.
       The House recedes with an amendment that would recognize 
     that the Department of Defense has developed and is already 
     executing a program to improve its joint and interagency 
     stability operations planning, exercises, and operational 
     capabilities. As a result, a single field experiment in 
     fiscal year 2006 does not appear to be required. The 
     conferees urge the Department to more fully incorporate other 
     federal departments and agencies, as well as allies and 
     coalition partners. The amendment would require that the 
     Department report on the progress and findings of the joint 
     field training and experimentation conducted in fiscal years 
     2005 and 2006 not later than February 1, 2007.
     Reports on budgeting relating to sustainment of key military 
         equipment (sec. 361)
       The Senate amendment contained a provision (sec. 1049) that 
     would require the Secretary of Defense to submit to Congress 
     each year, near the time of the submission of the President's 
     budget request, a report on the Department of Defense funding 
     for key military equipment. This report would contain a 
     description of the Department's strategy and funding 
     requirements necessary to sustain and modernize key 
     military equipment. In those instances where the 
     Department does not request full funding for the above 
     strategy, the Department would identify the risks that 
     would be taken and actions necessary to mitigate such 
     risks.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require this 
     report only in 2006, 2007, and 2008.
     Repeal of Air Force report on military installation 
         encroachment issues (sec.362)
       The House bill contained a provision (sec. 313) that would 
     repeal a reporting requirement in section 315 of the Ronald 
     W. Reagan National Defense Authorization Act for Fiscal Year 
     2005 (Public Law 108-375).
       The Senate amendment contained no similar provision.
       The Senate recedes.

                       Subtitle G--Other Matters

     Supervision and management of Defense Business Transformation 
         Agency (sec. 371)
       The Senate amendment contained a provision (sec. 339) that 
     would require the Business Transformation Agency be 
     cooperatively managed by the Deputy Under Secretary of 
     Defense for Business Transformation and the Deputy Under 
     Secretary of Defense for Financial Management.
       The House bill contained no similar provision.
       The House recedes.
     Codification and revision of limitation on modification of 
         major items of equipment scheduled for retirement or 
         disposal (sec. 372)
       The House bill contained a provision (sec. 351) that would 
     prohibit annual expenditures greater than $1.0 million to 
     modify an aircraft, weapon, ship, or other item of equipment 
     that will be retired or otherwise disposed of within 5 years 
     after completion of the modification. The secretary of a 
     military department may waive this restriction if the waiver 
     is necessary on the basis of national security, and he so 
     notifies the congressional defense committees in writing. 
     Safety modifications will not require waivers.
       The Senate amendment contained a similar provision (sec. 
     842).
       The Senate recedes with an amendment that would prohibit 
     expenditures greater than $100,000 for equipment 
     modifications or greater than $1.0 million if the equipment 
     will be removed, refurbished, and installed on another 
     platform prior to the disposal of an aircraft, weapon, ship, 
     or other item of equipment, unless the requirement is waived.
     Limitation on purchase of investment items with operation and 
         maintenance funds (sec. 373)
       The House bill contained a provision (sec. 352) that would 
     prohibit the use of operation and maintenance funds for the 
     purchase or replacement of an investment item which costs 
     more than $250,000.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Operation and use of general gift funds of the Department of 
         Defense and Coast Guard (sec. 374)
       The Senate amendment contained a provision (sec. 343) that 
     would amend section 2601 of title 10, United States Code, to 
     authorize the Secretary of Defense under certain conditions 
     to accept gifts that are given for the benefit of members of 
     the Armed Forces, civilian employees of the U.S. Government 
     (or their dependents or survivors), who are wounded or killed 
     while serving in Operation Iraqi Freedom, Operation Enduring 
     Freedom, or any other military operation, activity, or 
     geographic area designated by the Secretary of Defense. The 
     provision would authorize periodic Comptroller General audits 
     of gifts accepted under this authority. The authority would 
     expire on December 31, 2007.
       The House bill contained no similar provision.
       The House recedes with an amendment that, in addition to 
     gifts of real and personal property and money, would 
     authorize the Secretary to accept gifts of services made on 
     the condition that they be used for the benefit of members of 
     the Armed Forces and civilian employees of the Department of 
     Defense (and their dependents or survivors). Gifts from 
     foreign governments or international organizations could only 
     be accepted if they are not designated for a specific 
     individual and could not include services. The amendment 
     would authorize the establishment of a Department of Defense 
     General Gift Fund.
       The conferees, by adding authority to accept gifts to 
     benefit certain members, dependents, and civilian employees, 
     do not intend to limit the existing general gift authority.
     Inclusion of packet based telephony in Department of Defense 
         telecommunications benefits (sec. 375)
       The Senate amendment contained a provision (sec. 345) that 
     would include technology that allows the use of a broadband 
     Internet connection for making telephone calls within the 
     Department of Defense telecommunications benefit.
       The House bill contained no similar provision.
       The House recedes.
     Limitation on financial management improvement and audit 
         initiatives within the Department of Defense (sec. 376)
       The Senate amendment contained a provision (sec. 328) that 
     would prohibit the Secretary of Defense from obligating any 
     funds for activities related to the Department of Defense 
     financial management improvement effort until the Secretary 
     submits to the congressional defense committees an integrated 
     and comprehensive financial management plan and a 
     determination that each activity proposed to be funded would 
     likely result in real and sustainable improvements in the 
     Department's financial management systems and controls.

[[Page H13074]]

       The House bill contained no similar provision.
       The House recedes with an amendment that would clarify that 
     the Department may continue to fund activities directed 
     exclusively at assessing the adequacy of internal controls 
     and remediating any inadequacies identified pursuant to such 
     assessments.
     Provision of welfare of special category residents at Naval 
         Station Guantanamo Bay, Cuba (sec. 377)
       The Senate amendment contained a provision (sec. 334) that 
     would authorize the Secretary of the Navy to 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 as a ``special category 
     resident'' within 90 days of the enactment of this Act. The 
     provision would not authorize the construction of new housing 
     or medical treatment facilities. The provisions of chapter 13 
     of title 31, United States Code, would not apply to the 
     obligation or expenditure of funds for the general welfare of 
     such persons prior to the date of enactment of this Act.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Commemoration of success of the Armed Forces in Operation 
         Enduring Freedom and Operation Iraqi Freedom (sec. 378)
       The Senate amendment contained a provision (sec. 344) that 
     would authorize the President to designate a day of 
     celebration to honor the soldiers, sailors, marines, and 
     airmen of the Armed Forces who have served in Operation 
     Enduring Freedom (OEF) or Operation Iraqi Freedom (OIF). It 
     would also authorize the issuance of a proclamation calling 
     on the people of the United States to observe that day with 
     appropriate ceremonies and activities. The provision would 
     authorize the use of appropriated funds up to $20.0 million 
     and the acceptance of gifts to pay the costs of the day of 
     celebration. It would also authorize the presentation of 
     recognition items under section 2261 of title 10, United 
     States Code, to individuals who served honorably as a member 
     of the Armed Forces in OEF and OIF.
       The House bill contained no similar provision.
       The House recedes with an amendment that would make the 
     provision effective through fiscal year 2006.

                Subtitle H--Utah Test and Training Range

     Definitions (sec. 381)
       The House bill contained a provision (sec. 341) that would 
     define certain terms relating to the Utah Test and Training 
     Range.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Military operations and overflights, Utah Test and Training 
         Range (sec. 382)
       The House bill contained a provision (sec. 342) that would 
     explain the importance of the Utah Test and Training Range 
     and define the intent of the Utah Test and Training Range 
     provisions.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Analysis of military readiness and operational impacts in 
         planning process for federal lands in Utah Test and 
         Training Range (sec. 383)
       The House bill contained a provision (sec. 343) that would 
     require the Secretary of the Interior, in consultation with 
     the Secretary of Defense, to develop land use plans for 
     federal lands in the Utah Test and Training Range. The 
     provision would also prohibit the Secretary of the 
     Interior from granting rights-of-way under the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1761) 
     upon certain federal lands.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would eliminate 
     the limitation on the authority of the Secretary of the 
     Interior to grant or issue authorizations for rights-of-way 
     under the Federal Land Policy and Management Act of 1976 upon 
     certain federal lands.
     Designation and management of Cedar Mountain Wilderness, Utah 
         (sec. 384)
       The House bill contained a provision (sec. 344) that would 
     designate certain federal land in Tooele County, Utah as 
     wilderness and therefore a component of the National 
     Wilderness Preservation System.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Relation to other lands (sec. 385)
       The House bill contained a provision (sec. 346) that would 
     make clarifying and technical corrections.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.

                   Legislative Provisions Not Adopted

     Child and family assistance benefits for members of the Armed 
         Forces
       The Senate amendment contained a provision (sec. 332) that 
     would authorize an additional $60.0 million for Operation and 
     Maintenance, Defense-wide activities, for child and family 
     assistance benefits for members of the Armed Forces. Of the 
     total amount authorized, $50.0 million would be available for 
     child care services, and $10.0 million would be available for 
     family assistance.
       The House bill contained no similar provision.
       The Senate recedes.
       The increased amounts for child care and family assistance 
     are reflected in the tables of this report in Operation and 
     Maintenance, Defense-wide.
       The conferees applaud the significant increases in child 
     care services and family assistance provided by supplemental 
     appropriations, and urge the Department of Defense to make 
     the additional funding available immediately to the families 
     of members on active duty who require such services.
     Congressional notification requirements regarding placement 
         of liquefied natural gas facilities, pipelines, and 
         related structures on defense lands
       The House bill contained a provision (sec. 357) that would 
     require, that not less than 30 days before the Secretary of 
     Defense or the secretary of a military department issues a 
     final decision regarding the placement of any liquefied 
     natural gas facility, pipeline, or related structure on or in 
     the vicinity of a military installation, range, or other 
     lands under the jurisdiction of the Department of Defense, 
     the secretary concerned to submit to Congress a report 
     detailing the justification for the decision, including the 
     potential long-term effects on military readiness.
       The Senate amendment contained no similar provision.
       The House recedes. This matter was addressed in section 
     311(c) of the Energy Policy Act of 2005 (Public Law 109-58), 
     and the provision is no longer required.
     Grants for local workforce investment boards for services for 
         certain spouses of members of the Armed Forces
       The Senate amendment contained a provision (sec. 341) that 
     would authorize the Secretary of Defense to make grants to 
     local workforce investment boards established under section 
     117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) 
     for the purpose of providing employment assistance to certain 
     military spouses.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the Department of Defense and the 
     Department of Labor entered into a Memorandum of 
     Understanding in 2003 that provides a framework for a broad 
     range of continuing and new partnership efforts to help 
     military spouses establish careers, despite having to 
     transition among job markets due to frequent relocations. The 
     conferees applaud this effort and encourage the Department of 
     Labor and the Department of Defense to continue such 
     collaboration in order to leverage their individual and 
     combined resources to strengthen the quality of life for 
     members of the Armed Forces and their families.
     Identification of additional Bureau of Land Management land 
         in Utah as trust land for Skull Valley Band of Goshutes
       The House bill contained a provision (sec. 345) that would 
     identify approximately 640 acres of Bureau of Land Management 
     land in Utah to be administered in trust for the benefit of 
     the Skull Valley Band of Goshutes.
       The Senate amendment contained no similar amendment.
       The House recedes.
     Legal standing and bid protests by federal employees in 
         actions under Office of Management and Budget Circular A-
         76
       The House bill contained a provision (sec. 324) that would 
     express the sense of Congress on equitable legal standing for 
     civilian employees in public-private competitions.
       The Senate amendment contained a provision (sec. 1109) that 
     would provide legal standing for certain representatives of 
     civilian employees in public-private competitions.
       The conference report does not include either provision.
       The conferees believe that to ensure public-private 
     competitions are conducted as fairly, effectively, and 
     efficiently as possible, both Department of Defense civilian 
     employees (or their representatives) and contractors (or 
     their representatives) should receive fair treatment 
     throughout the competition regarding access to relevant 
     information and legal standing to challenge the way a 
     competition has been conducted.
       The conferees note that this issue was specifically 
     addressed in section 326 of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (Public Law 
     108-375). The conferees believe that there is insufficient 
     data on the implementation of section 326 to determine 
     whether changes to that provision are needed, or would be 
     appropriate.
     Long Arm High-Intensity Arc Metal Halide Handheld Searchlight
       The Senate amendment contained a provision (sec. 336) that 
     would authorize $4.5 million for the Long Arm High-Intensity 
     Arc Metal Halide Handheld Searchlight.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Operation and Maintenance, Army.
     Navy human resources benefits call center
       The Senate amendment contained a provision (sec. 304) that 
     would authorize $1.5 million from Navy operation and 
     maintenance funds for civilian manpower and personnel for a 
     human resources benefit call center.

[[Page H13075]]

       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Operation and Maintenance, Navy.
       The conferees note that the Navy currently is conducting a 
     human resources benefit call center pilot program in Machias, 
     Maine. Navy officials have stated that the pilot program is 
     ``very successful'' in delivering high customer satisfaction. 
     Because of this success, the Navy intends to transition this 
     call center to a permanent program. This is largely due to 
     the hard work and commitment to excellence of the personnel 
     who work at the call center in Machias.
     Pilot project on compatible use buffers on real property 
         bordering Fort Carson, Colorado
       The House bill contained a provision (sec. 312) that would 
     require the Secretary of Defense to carry out a pilot project 
     at Fort Carson, Colorado, to evaluate the effectiveness of 
     conservation easements and leases entered into with willing 
     entities to limit property development that would be 
     incompatible with Fort Carson's mission. Conservation 
     easements and leases are currently authorized under section 
     2684a of title 10, United States Code.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees have added $20.0 million to the Readiness and 
     Environmental Protection Initiative to support the Department 
     of Defense's highest priority buffer zone projects. The 
     conferees expect the Secretary of Defense to enter into 
     agreements with willing entities to prevent or limit the use 
     of property in the vicinity of a military installation that 
     would impede the mission of that military installation. The 
     conferees believe that the Secretary of Defense, in 
     coordination with the Secretary of the Army, should utilize 
     available authority and funding to ensure that conservation 
     easements and leases are entered into as quickly as possible 
     at the high-priority sites identified as part of the Army's 
     Compatible Use Buffer Program, including Fort Campbell; Fort 
     Carson; Fort A. P. Hill; Fort Hood; Fort Sill; and Camp 
     Ripley. With respect to Fort Carson, Colorado, the conferees 
     understand that Fort Carson is one of the Army's highest 
     priority sites for implementation of compatible use buffer 
     zones.
     Point of Maintenance/Arsenal/Depot AIT Initiative
       The Senate amendment contained a provision (sec. 335) that 
     would authorize $10.0 million for the Point of Maintenance/
     Arsenal/Depot AIT (AD-AIT) Initiative.
       The House bill contained no similar provision.
       The Senate recedes.
       The conference outcome is reflected in the tables of this 
     report in Operation and Maintenance, Army.
     Provision of Department of Defense support for certain 
         paralympic sporting events
       The House bill contained a provision (sec. 353) that would 
     amend section 2564 of title 10, United States Code, to exempt 
     certain paralympic sporting events conducted in the United 
     States, its territories, or commonwealths, from prescribed 
     conditions for Department of Defense-provided security and 
     safety assistance. These conditions would include 
     determinations that such security and safety needs cannot 
     reasonably be met by other sources and, if provided, would 
     not adversely affect military preparedness of the Armed 
     Forces. Additionally, requesting organizations must agree to 
     provide reimbursement. Under the provision, up to $1.0 
     million could be expended in any fiscal year to provide 
     support for qualifying paralympic sporting events.
       The Senate amendment contained a similar provision (sec. 
     338) that would provide funding from the Support for 
     International Sporting Competitions (SISC) Defense account, 
     which was established by section 5802 of the Omnibus 
     Consolidated Appropriations Act, 1997 (Public Law 104-208).
       The conference agreement does not include these provisions.
       The conferees support Department-provided security and 
     safety assistance to qualifying sporting events and endorse 
     participation by eligible military personnel and veterans in 
     paralympic sporting events. A separate provision in this Act 
     amends section 717 of title 10, United States Code, to 
     specifically authorize members of the Armed Forces to train 
     for, attend, and participate in the Paralympic Games. The 
     conferees note that the quadrennial Paralympic Games are 
     already exempted from certification and reimbursement 
     requirements in connection with the use of the SISC account 
     funds. However, the need for, and impact of, expansion of 
     Department support for events of this type are not clear. The 
     average annual number of events of this type, the anticipated 
     size of events of this type, and the associated scope of 
     assistance requested from the Department under this expanded 
     authority could not be determined. Consequently, no 
     assessment of the resulting increase to the personnel tempo 
     of both active and reserve component forces could be made.
       The conferees, therefore, direct the Secretary of Defense, 
     in consultation with the U.S. Olympic Committee, to identify 
     and submit a report to the congressional defense committees 
     by August 31, 2006, detailing the effect of amending section 
     2564 of title 10, United States Code, to include the 
     Paralympic Military Program and paralympic sporting events, 
     at various participation levels, in the category of events 
     that would qualify for Department support without having to 
     meet the conditions in subsections (a) and (b) of that 
     section.
       This report shall include an analysis of: (1) the estimated 
     number of events that would qualify for nonreimbursable 
     assistance; (2) the impact of such increased Department 
     support on the operational or personnel tempo of active duty, 
     guard, and reserve forces; (3) the type and scope of 
     assistance that is likely to be needed or requested outside 
     the realm of security and safety; (4) the estimated annual 
     cost to the Department for such assistance; (5) whether 
     support for such events would constitute appropriate inactive 
     duty training; (6) whether Department support for such events 
     should be contingent on the participation of current or 
     former military personnel as athletes; and (7) whether 
     Department support for such events should be contingent on 
     the size of the event based on a minimum level of 
     participation.
     Report on aircraft to perform High-Altitude Aviation Training 
         Site
       The Senate amendment contained a provision (sec. 337) that 
     would require the Secretary of the Army to submit a report to 
     the congressional defense committees that contains an 
     evaluation on the type of aircraft available in the Army 
     inventory that is most suited to perform the High-Altitude 
     Aviation Training Site (HAATS) mission, and a determination 
     of when such aircraft may be available for assignment to the 
     HAATS.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees are aware that the HAATS at Eagle, Colorado 
     is the primary site for training military aviators on 
     operations in all season weather conditions in hostile, high 
     altitude, power limited environments. The training site 
     currently uses UH-1 Huey and OH-58 Kiowa aircraft that are 
     being phased out of the inventory within the future-years 
     defense program. The conferees are aware that the Secretary 
     of the Army has begun an evaluation of the Army inventory and 
     aircraft availability to determine the most appropriate 
     schedule for assigning suitable aircraft to HAATS. The 
     conferees look forward to delivery of the report of this 
     evaluation to the congressional defense committees no later 
     than December 15, 2005.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                     Legislative Provisions Adopted

                       Subtitle A--Active Forces

     End strengths for active forces (sec. 401)
       The House bill contained a provision (sec. 401) that would 
     authorize the following end strengths for active forces as of 
     September 30, 2006: Army, 482,400; Navy, 352,700; Marine 
     Corps, 175,000; and Air Force, 357,400.
       The House bill also contained a provision (sec. 1521(a) and 
     (c)) that would increase the end strengths authorized by 
     section 401 for the Army by 30,000 and for the Marine Corps 
     by 4,000, respectively, for fiscal year 2006.
       The Senate amendment contained a similar provision (sec. 
     401) that would authorize an active-duty end strength for the 
     Army of 522,400, and an active-duty end strength of the 
     Marine Corps of 178,000, with end strengths for the other 
     services identical to those in the House provision.
       The Senate recedes with an amendment that would authorize 
     an end strength as of September 30, 2006, of 512,400 for the 
     Army and 179,000 for the Marine Corps, subject to the 
     condition that costs for end strength in excess of 482,400 
     for the Army, and in excess of 175,000 for the Marine Corps, 
     shall be paid out of funds authorized to be appropriated for 
     fiscal year 2006 for a contingent emergency reserve fund or 
     as an emergency supplemental appropriation.
       The conferees recommend end strength levels for active 
     forces for fiscal year 2006 as set forth in the following 
     table:

----------------------------------------------------------------------------------------------------------------
                                                                     FY 2006                   Change from
                                                FY 2005   ------------------------------------------------------
                   Service                     authorized                  Conferee       FY 2006      FY 2005
                                                             Request    recommendation    request     authorized
----------------------------------------------------------------------------------------------------------------
Army........................................      502,400      482,400        512,400        30,000       10,000
Navy........................................      365,900      352,700        352,700             0      -13,200
Marine Corps................................      178,000      175,000        179,000         4,000        1,000
Air Force...................................      359,700      357,400        357,400             0       -2,300
                                             -------------------------------------------------------------------
      DoD Total.............................    1,406,000    1,367,500      1,401,500        34,000       -4,500
----------------------------------------------------------------------------------------------------------------


[[Page H13076]]

     Revision in permanent active-duty end strength minimum levels 
         (sec. 402)
       The House bill contained a provision (sec. 402) that would 
     establish the following new minimum active-duty end 
     strengths: for the Army, 482,400; Navy, 352,700; Marine 
     Corps, 175,000; and Air Force, 357,400.
       The House bill also contained a provision (sec. 1521(b)) 
     that would increase the minimum active-duty end strengths for 
     the Army by 30,000 to 512,400, and for the Marine Corps by 
     4,000 to 179,000.
       The Senate amendment contained a similar provision (sec. 
     402) that would establish minimum active-duty end strengths 
     for the Army, 522,400, and for the Marine Corps, 178,000. 
     Minimum end strengths for the Navy and Air Force would be 
     identical to those in the House provision.
       The House recedes with an amendment that would authorize 
     the minimum active-duty end strength for the Army, 502,400, 
     and for the Marine Corps, 179,000.
       The conferees recommend minimum end strength levels for 
     active forces as set forth in the following table:

------------------------------------------------------------------------
                                                 FY 2006     Change from
                                  FY 2005   ----------------------------
            Service              authorized     Conferee
                                             recommendation    FY 2005
------------------------------------------------------------------------
Army..........................      502,400        502,400             0
Navy..........................      365,900        352,700       -13,200
Marine Corps..................      178,000        179,000         1,000
Air Force.....................      359,700        357,400        -2,300
                               -----------------------------------------
      DoD Total...............    1,406,000      1,391,500       -14,500
------------------------------------------------------------------------

     Additional authority for increases of Army and Marine Corps 
         active-duty end strengths for fiscal years 2007 through 
         2009 (sec. 403)
       The House bill contained a provision (sec. 1522) that would 
     authorize additional increases of active-duty end strength 
     for the Army equal to the number otherwise authorized by law 
     for fiscal year 2006, plus up to 20,000 for each fiscal year 
     2007 through 2009. The House provision would also authorize 
     increases of active-duty end strength for the Marine Corps of 
     the number otherwise authorized by law for fiscal year 2006, 
     plus up to 5,000 for each fiscal year 2007 through 2009.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.

                       Subtitle B--Reserve Forces

     End strengths for Selected Reserve (sec. 411)
       The House bill contained a provision (sec. 411) that would 
     authorize the following end strengths for Selected Reserve 
     personnel, including the end strengths for reserves on active 
     duty in support of the reserves as of September 30, 2006: the 
     Army National Guard of the United States, 350,000; the Army 
     Reserve, 205,000; the Naval Reserve, 73,100; the Marine Corps 
     Reserve, 39,600; the Air National Guard of the United States, 
     106,800; the Air Force Reserve, 74,000; and the Coast Guard 
     Reserve, 10,000.
       The Senate amendment contained an identical provision (sec. 
     411).
       The conference agreement includes this provision.
       The conferees recommend end strength levels for the 
     Selected Reserve for fiscal year 2006 as set forth in the 
     following table:

----------------------------------------------------------------------------------------------------------------
                                                                         FY 2006                Change from
                                                      FY 2005  -------------------------------------------------
                      Service                       authorized                Conferee      FR 2006     FY 2005
                                                                 Request   recommendation   request   authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard...............................     350,000    350,000       350,000            0           0
Army Reserve......................................     205,000    205,000       205,000            0           0
Naval Reserve.....................................      83,400     73,100        73,100            0     -10,300
Marine Corps Reserve..............................      39,600     39,600        39,600            0           0
Air National Guard................................     106,800    106,800       106,800            0           0
Air Force Reserve.................................      76,100     74,000        74,000            0      -2,100
                                                   -------------------------------------------------------------
      DoD Total...................................     860,900    848,500       848,500            0     -12,400
Coast Guard Reserve...............................      10,000     10,000        10,000            0           0
----------------------------------------------------------------------------------------------------------------

     End strengths for reserves on active duty in support of the 
         reserves (sec. 412)
       The House bill contained a provision (sec. 412) that would 
     authorize the following end strengths for reserves on active 
     duty in support of the reserves as of September 30, 2006: the 
     Army National Guard of the United States, 27,345; the Army 
     Reserve, 15,270; the Naval Reserve, 13,392; the Marine Corps 
     Reserve, 2,261; the Air National Guard of the United States, 
     13,089; and the Air Force Reserve, 2,290.
       The Senate amendment contained a similar provision (sec. 
     412) that would authorize end strengths of 27,396 for the 
     Army National Guard of the United States, 13,123 for the Air 
     National Guard of the United States, and identical end 
     strengths for the other services.
       The House recedes.
       The conferees recommend end strength levels for reserves on 
     active duty in support of the reserves as set forth in the 
     following table:

----------------------------------------------------------------------------------------------------------------
                                                                         FY 2006                Change from
                                                      FY 2005  -------------------------------------------------
                      Service                       authorized                Conferee      FY 2006     FY 2005
                                                                 Request   recommendation   request   authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard...............................      26,602     27,345        27,396           51         794
Army Reserve......................................      14,970     15,270        15,270            0         300
Naval Reserve.....................................      14,152     13,392        13,392            0        -760
Marine Corps Reserve..............................       2,261      2,261         2,261            0           0
Air National Guard................................      12,263     13,089        13,123           34         860
Air Force Reserve.................................       1,900      2,290         2,290            0         390
                                                   -------------------------------------------------------------
      DoD Total...................................      72,148     73,647        73,732           85       1,584
----------------------------------------------------------------------------------------------------------------

       In addition to the budget request, the end strengths 
     recommended by the conferees would include an additional 51 
     reserves on active duty in support of the reserves for the 
     Army National Guard and an additional 34 for the Air National 
     Guard for the creation of five additional National Guard 
     Chemical, Biological, Radiological, Nuclear and High Yield 
     Explosive Enhanced Response Force Package (NG CERFP) teams.
       The conferees would expect that the certification 
     requirement for reserve component rapid assessment element 
     teams under section 12310(c)(5) of title 10, United States 
     Code, would be met by the Secretary of Defense before any of 
     these teams would be used to respond to a weapons of mass 
     destruction or terrorist emergency.
       The conferees would also expect that the creation of any 
     additional NG CERFP teams would be subject to specific 
     congressional authorization and a corresponding adjustment to 
     the end strengths of reserves on active duty in support of 
     the reserves authorized by law.
     End strengths for military technicians (dual status) (sec. 
         413)
       The House bill contained a provision (sec. 413) that would 
     authorize the following end strengths for military 
     technicians (dual status) as of September 30, 2006: the Army 
     National Guard of the United States, 25,563; the Army 
     Reserve, 7,649; the Air National Guard of the United States, 
     22,971; and the Air Force Reserve, 9,853.
       The Senate amendment contained a similar provision (sec. 
     413) that would authorize end strength of 9,852 for the Air 
     Force Reserve and identical end strengths for the other 
     services.
       The House recedes.
       The conferees recommend end strength levels for military 
     technicians (dual status) as set forth in the following 
     table:

----------------------------------------------------------------------------------------------------------------
                                                                         FY 2006                Change from
                                                      FY 2005  -------------------------------------------------
                      Service                       authorized                Conferee      FY 2006     FY 2005
                                                                 Request   recommendation   request   authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard...............................      25,076     25,563        25,563            0         487
Army Reserve......................................       7,299      7,649         7,649            0         350
Air National Guard................................      22,956     22,971        22,971            0          15

[[Page H13077]]

 
Air Force Reserve.................................       9,954      9,852         9,852            0        -102
                                                   -------------------------------------------------------------
      DoD Total...................................      65,285     66,035        66,035            0         750
----------------------------------------------------------------------------------------------------------------

     Fiscal year 2006 limitation on number of non-dual status 
         technicians (sec. 414)
       The House bill contained a provision (sec. 414) that would 
     establish the maximum end strengths for the reserve 
     components of the Army and Air Force for non-dual status 
     technicians as of September 30, 2006.
       The Senate amendment contained an identical provision (sec. 
     414).
       The conference agreement includes this provision.
     Maximum number of reserve personnel authorized to be on 
         active duty for operational support (sec. 415)
       The House bill contained a provision (sec. 415) that would 
     authorize the maximum number of reserve component personnel 
     who may be on active duty or full-time National Guard duty 
     under section 115(b) of title 10, United States Code, during 
     fiscal year 2006 to provide operational support.
       The Senate amendment contained no similar provision.
       The Senate recedes.
       The conferees recommend maximum levels by service for 
     reserve component personnel on full-time, active duty who are 
     providing operational support as set forth in the following 
     table:

----------------------------------------------------------------------------------------------------------------
                                                                         FY 2006                Change from
                                                      FY 2005  -------------------------------------------------
                      Service                       authorized                Conferee      FY 2006     FY 2005
                                                                 Request   recommendation   request   authorized
----------------------------------------------------------------------------------------------------------------
Army National Guard...............................      10,300     17,000        17,000            0       6,700
Army Reserve......................................       5,000     13,000        13,000            0       8,000
Naval Reserve.....................................       6,200      6,200         6,200            0           0
Marine Corps Reserve..............................       2,500      3,000         3,000            0         500
Air National Guard................................      10,100     16,000        16,000            0       5,900
Air Force Reserve.................................       3,600     14,000        14,000            0      10,400
                                                   -------------------------------------------------------------
      DoD Total...................................      37,700     69,200        69,200            0      31,500
----------------------------------------------------------------------------------------------------------------

              Subtitle C--Authorization of Appropriations

     Military personnel (sec. 421)
       The House bill contained a provision (sec. 421) that would 
     authorize a total of $108,824.3 million to be appropriated to 
     the Department of Defense in fiscal year 2006 for military 
     personnel.
       The Senate amendment contained a provision (sec. 421) that 
     would authorize a total of $109,179.6 million to be 
     appropriated to the Department of Defense in fiscal year 2006 
     for military personnel.
       The Senate recedes with an amendment that would authorize 
     $108,942.7 million to be appropriated to the Department of 
     Defense in fiscal year 2006 for military personnel.
       The conferees have agreed to the following changes from the 
     budget request related to the military personnel accounts:

                        [Additions in millions]

Improved basic allowance for housing (BAH) for reservists........$ 26.0
Increased cap on reserve enlistment/affiliation bonus..............30.0
Increased cap on active duty enlistment bonus......................30.0
Expanded early commissioning program for the Army...................2.4
Additional special pay for dental officers..........................4.0
Increased household goods weight limit for senior NCOs..............4.0
Army recruit referral bonus.........................................3.0
Income replacement authority for reservists.........................7.0
Critical skills retention bonus for nurses in SROTC.................1.0
Unobligated balances, Air Force..................................-107.4
                                                             __________
                                                             
Total...............................................................0.0

       The conferees note that in addition to the amounts shown 
     above, $11,788.3 million was made available in title XV of 
     this Act for the additional costs of military personnel 
     involved in ongoing operations in Iraq and Afghanistan.
     Armed Forces Retirement Home (sec. 422)
       The House bill contained a provision (sec. 422) that would 
     authorize $58.3 million to be appropriated for fiscal year 
     2006 from the Armed Forces Retirement Home Trust Fund for 
     operation of the Armed Forces Retirement Home.
       The Senate amendment contained an identical provision (sec 
     422).
       The conference agreement includes this provision.

                   TITLE V--MILITARY PERSONNEL POLICY

                       Items of Special Interest

     Department of Defense Policy on Transportation of Military 
         Remains
       The conferees are aware that, pursuant to Department of 
     Defense policy, the remains of military personnel, when air 
     transport is necessary, are transported with an assigned 
     escort officer by commercial airlines from Dover Air Force 
     Base to their hometowns. The remains of our military men and 
     women should be transported with the utmost ceremony, honors, 
     and respect, and the conferees believe that examination of 
     this issue with an eye toward improvement is called for. The 
     conferees direct the Secretary to establish a system that 
     would ensure that upon arrival at the ultimate destination, 
     the flag-draped coffin is removed and that appropriate 
     military honors are rendered by a small honor guard. The 
     conferees believe that use of military aircraft for 
     transportation of deceased members may be a preferable means 
     of transportation and direct the Secretary to submit a 
     report, no later than February 1, 2006, discussing the 
     feasibility of such a requirement. The conferees believe that 
     for those who make our freedom possible, this final honor is 
     reasonable and justified by their sacrifice.

                     Legislative Provisions Adopted

                  Subtitle A--Officer Personnel Policy

     Temporary increase in percentage limits on reduction of time-
         in-grade requirements for retirement in grade upon 
         voluntary retirement (sec. 501)
       The House bill contained a provision (sec. 501) that would 
     increase through December 31, 2007, the percentage of 
     lieutenant colonels (or commanders in the Navy) and colonels 
     (or captains in the Navy) that the secretary of a military 
     department, when authorized by the Secretary of Defense, may 
     approve for retirement with less than 3 years time-in-grade 
     from 2 percent to 4 percent of the officers authorized in 
     that grade for that fiscal year.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would limit the 
     applicability of the provision to the Air Force and the Navy.
     Two-year renewal of temporary authority to reduce minimum 
         length of commissioned service required for voluntary 
         retirement as an officer (sec. 502)
       The House bill contained a provision (sec. 502) that would 
     authorize through December 31, 2007, reduction in the amount 
     of time from 10 years to 8 years that an officer who has 
     prior enlisted service must serve as a commissioned officer 
     in order to retire as a commissioned officer.
       The Senate amendment contained a similar provision (sec. 
     506) that would extend this authority through December 31, 
     2008.
       The House recedes with a technical amendment.
     Exclusion from active duty general and flag officer 
         distribution and strength limitations of officers on 
         leave pending separation or retirement or between senior 
         positions (sec. 503)
       The House bill contained a provision (sec. 504) that would 
     permit general or flag officers who have been selected for 
     promotion to lieutenant general or vice admiral or above to 
     be promoted to the higher rank at the time these officers 
     begin serving in their new positions. The provision would 
     also prohibit frocking of officers under section 777 of title 
     10, United States Code, who have been selected for promotion 
     to lieutenant general, vice admiral, or above. To facilitate 
     these transitions, the provision would temporarily exclude 
     from grade distribution and numerical limitations under 
     sections 525 and 526 of title 10, United States Code, for no 
     more than 30 days, the senior general and flag officers 
     selected for these positions of importance and responsibility 
     under section 601 of title 10, United States Code.
       The Senate amendment contained a provision (sec. 501) that 
     would exclude from consideration in determining the 
     distribution limitations and total numbers of general or flag 
     officers on active duty, officers in the

[[Page H13078]]

     grade of brigadier general or rear admiral (lower half) or 
     above who are on leave pending separation, retirement, or 
     release from active duty.
       The House recedes with an amendment that would combine the 
     authorizations included in both the House and Senate 
     provisions, but extend to 60 days the temporary exclusion 
     from grade distribution and numerical limitations under 
     sections 525 and 526 for officers who have been relieved from 
     a position designated under section 601 of title 10, United 
     States Code, and are under orders to assume another such 
     position.
     Consolidation of grade limitations on officer assignment and 
         insignia practice known as frocking (sec. 504)
       The House bill contained a provision (sec. 505) that would 
     establish a consolidated limit of 85 on the number of 
     promotable colonels, Navy captains, brigadier generals, and 
     rear admirals (lower half) who would be authorized to be 
     frocked to higher grade under section 777 of title 10, United 
     States Code.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Clarification of deadline for receipt by promotion selection 
         boards of certain communications from eligible officers 
         (sec. 505)
       The House bill contained a provision (sec. 509) that would 
     amend sections 614(b) and 14106 of title 10, United States 
     Code, to provide that officers eligible for consideration by 
     a promotion selection board may send a written communication 
     to the board that, to be considered, must arrive not later 
     than 11:59 p.m. on the day before the board convenes.
       The Senate amendment contained a similar provision (sec. 
     503) that would specify that the provision become effective 
     on March 1, 2006, and shall apply to selection boards 
     convened on or after that date.
       The House recedes with a technical amendment.
     Furnishing to promotion selection boards of adverse 
         information on officers eligible for promotion to certain 
         senior grades (sec. 506)
       The Senate amendment contained a provision (sec. 504) that 
     would require that substantiated adverse information be 
     provided to promotion selection boards considering active and 
     reserve component officers for promotion to the grade of 
     lieutenant colonel, or commander in the case of the Navy, or 
     above.
       The House bill contained no similar provision.
       The House recedes with an amendment that would make this 
     requirement applicable only to promotion selection boards 
     considering officers for promotion to the grades of brigadier 
     general or rear admiral (lower half) or above. It would also 
     clarify that only credible information of an adverse nature, 
     including any substantiated adverse finding or conclusion 
     from an officially documented investigation or inquiry, shall 
     be furnished to selection boards.
     Applicabilty of officer distribution and strength limitations 
         to officers serving in intelligence community positions 
         (sec. 507)
       The Senate amendment contained a provision (sec. 509) that 
     would amend section 528 of title 10, United States Code, to 
     exclude from the grade distribution and numerical limitations 
     in sections 525 and 526 of title 10, United States Code, 
     general or flag officers serving in certain intelligence 
     positions. These would include military officers serving as 
     either the Director or Deputy Director of the Central 
     Intelligence Agency (CIA) and as the Associate Director of 
     the CIA for Military Support. Additionally, the exclusion 
     from section 525 and 526 limits would apply to no more than 
     five general or flag officers of the Armed Forces serving in 
     the Office of the Director of National Intelligence in 
     positions designated by agreement between the Secretary of 
     Defense and the Director of National Intelligence.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Grades of the judge advocates general (sec. 508)
       The Senate amendment contained a provision (sec. 505) that 
     would require that the judge advocates general of the Army, 
     Navy, and Air Force be appointed in the grade of lieutenant 
     general or vice admiral, as appropriate. The provision would 
     also exempt these officers from the grade distribution 
     requirements for general and flag officers in section 525(b) 
     of title 10, United States Code.
       The House bill contained no similar provision.
       The House recedes with an amendment that would provide that 
     the judge advocates general be appointed in a grade not less 
     than major general or rear admiral, as appropriate, and would 
     strike the exemption from the grade distribution 
     requirements.
     Authority to retain permanent professors at the Naval Academy 
         beyond 30 years of active commissioned service (sec. 509)
       The House bill contained a provision (sec. 507) that would 
     authorize permanent professors of the Naval Academy to be 
     retained beyond 30 years of active commissioned service until 
     age 64. Navy and Marine Corps officers serving as permanent 
     professors at the Naval Academy in the grade of commander 
     or lieutenant colonel, who are not on a list of officers 
     recommended for promotion, would be retired after 28 years 
     of service unless their retirement is deferred and they 
     are continued on active duty by the Secretary of the Navy. 
     Such officers who are continued on active duty would 
     remain eligible for promotion to the next higher grade. 
     Navy and Marine Corps officers serving as permanent 
     professors at the Naval Academy in the grade of captain or 
     colonel, who are not on a list of officers recommended for 
     promotion, would be retired after 30 years of service 
     unless their retirement is deferred and they are continued 
     on active duty by the Secretary of the Navy.
       The Senate amendment contained a similar provision (sec. 
     561).
       The Senate recedes with a technical amendment.
     Authority for designation of a general/flag officer position 
         on the Joint Staff to be held by reserve component 
         general or flag officer on active duty (sec. 510)
       The House bill contained a provision (sec. 506)) that would 
     increase from 10 to 11 the number of reserve general or flag 
     officer positions that the Chairman of the Joint Chiefs of 
     Staff can designate to be held only by reserve component 
     general and flag officers on active duty and authorize one of 
     these positions to be designated on the Joint Staff.
       The Senate amendment contained a similar provision (sec. 
     502).
       The Senate recedes.

                Subtitle B--Reserve Component Management

     Separation at age 64 for reserve component senior officers 
         (sec. 511)
       The House bill contained a provision (sec. 503) that would 
     extend from age 62 to 64 the age at which the chiefs of the 
     Army Reserve and Air Force Reserve, and the directors of the 
     Army National Guard and Air National Guard must retire.
       The Senate amendment contained a similar provision (sec. 
     508).
       The Senate recedes.
     Modification of strength-in-grade limitations applicable to 
         reserve flag officers in active status (sec. 512)
       The Senate amendment contained a provision (sec. 507) that 
     would amend section 12004 of title 10, United States Code, to 
     reduce by four the number of required Navy Reserve flag 
     officers in medical designators and by one the number of Navy 
     Reserve flag officers in the Supply Corps and to increase by 
     five the number of Navy Reserve line officers.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Military technicians (dual status) mandatory separation (sec. 
         513)
       The House bill contained a provision (sec. 513) that would 
     require the Secretary of the Army to implement personnel 
     policies that would allow a military technician (dual status) 
     who continues to meet the requirements for dual status to 
     serve beyond a mandatory removal date for officers, and any 
     applicable maximum years of service limitation, until the 
     military technician (dual status) reaches age 60 and attains 
     eligibility for an unreduced annuity.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Military retirement credit for certain service by National 
         Guard members performed while in a state duty status 
         immediately after the terrorist attacks of September 11, 
         2001 (sec. 514)
       The House bill contained a provision (sec. 514) that would 
     authorize military retirement credit for certain members of 
     the Ready Reserve of the Army National Guard or Air National 
     Guard, who served in full-time state active duty status 
     performed on or after September 11, 2001, and before October 
     1, 2002, in specified counties in New York and Virginia in 
     support of the federal declaration of emergency following the 
     terrorist attacks on the United States of September 11, 2001.
       The Senate amendment contained no similar provision.
       The Senate recedes.
       The conferees agree that authorizing federal military 
     retirement credit for full-time state active duty service 
     performed on or after September 11, 2001, and before October 
     1, 2002, in the specified counties in New York and Virginia 
     is an appropriate recognition of the unique circumstances and 
     national impact of the terrorist attacks of September 11, 
     2001. This authorization of federal military retirement 
     benefits for state active duty service is both specific and 
     limited. This authorization does not extend to any other form 
     of federal benefits.
     Redesignation of the Naval Reserve as the Navy Reserve (sec. 
         515)
       The Senate amendment contained a provision (sec. 906) that 
     would redesignate the Naval Reserve as the Navy Reserve and 
     set forth conforming amendments to the United States Code 
     reflecting this redesignation.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Clarification of certain authorities relating to the 
         Commission on the National Guard and Reserves (sec. 516)
       The Senate amendment contained a provision (sec. 597) that 
     would modify section 523 of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (Public Law 
     108-375), which established the Commission on the National 
     Guard and Reserves.

[[Page H13079]]

     The provision would clarify certain issues relating to the 
     pay of members. The provision would also clarify that the 
     commission is established in the legislative branch.
       The House bill contained no similar provision.
       The House recedes.
     Report on employment matters for members of the reserve 
         components (sec. 517)
       The House bill contained a provision (sec. 579) that would 
     require the Comptroller General to submit a report to 
     Congress on difficulties faced by members of the reserve 
     components with respect to employment as a result of being 
     ordered to perform full-time National Guard duty or being 
     ordered to active duty. In preparing the report, the 
     Comptroller General would be required to include specific 
     information on the following: the number of employers of 
     members of the reserve components in the public and private 
     sector, respectively; an estimate of the number of employers 
     who employ fewer than 50 full-time employees; an estimate of 
     the number of members of the reserve components who are self-
     employed; the nature of the business of employers of members 
     of the reserve components; and a description of the 
     difficulties faced by members of the reserve components in 
     gaining reemployment after having performed full-time 
     National Guard duty or active duty service, including 
     difficulties faced by members who are disabled and who are 
     veterans of the Vietnam era.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would clarify 
     that the report should provide a description of the 
     difficulties faced by members of the reserve components in 
     gaining reemployment after having performed full-time 
     National Guard duty or active duty service, including 
     difficulties faced by members who are disabled.
     Defense Science Board study on deployment of members of the 
         National Guard and reserves in the global war on 
         terrorism (sec. 518)
       The Senate amendment contained a provision (sec. 540) that 
     would require the Defense Science Board to conduct a study on 
     the length and frequency of the deployment of members of the 
     National Guard and reserves as a result of the global war on 
     terrorism. The study would include an identification of the 
     current range of lengths and frequencies of deployments; an 
     assessment of the consequences for force structure, morale, 
     and mission capability of deployments that are lengthy, 
     frequent, or both; an identification of the optimal length 
     and frequency of deployments; and identification of 
     mechanisms to reduce the length, frequency, or both, of 
     deployments of members of the National Guard and the 
     reserves. The study, with recommendations the Defense Science 
     Board considers appropriate, would be due to the 
     congressional defense committees not later than May 1, 2006.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Sense of Congress on certain matters relating to the National 
         Guard and Reserves (sec. 519)
       The Senate amendment contained a provision (sec. 543) that 
     would express the sense of the Senate that the importance and 
     integral role played by active Guard and reserve members and 
     military technicians (dual status) in the efforts of the 
     Armed Forces is recognized. The provision would also urge the 
     Secretary of Defense to promptly resolve questions relating 
     to authority for payment of reenlistment bonuses stemming 
     from reenlistment contracts entered into between January 14, 
     2005, and April 17, 2005, involving members of the Army 
     National Guard and military technicians (dual status).
       The House bill contained no similar provision.
       The House recedes with an amendment that would change the 
     provision from a sense of the Senate to a sense of Congress.
     Pilot program on enhanced quality of life for members of the 
         Army Reserve and their families (sec. 520)
       The Senate amendment contained a provision (sec. 538) that 
     would require the Secretary of the Army to conduct a pilot 
     program in two States to assess the feasibility of utilizing 
     a coalition of military and civilian community personnel in 
     order to enhance the quality of life for members of the Army 
     Reserve and their families.
       The House bill contained no similar provision.
       The House recedes with an amendment that would allow the 
     Secretary to identify the locations of the program, and to 
     require that personnel participating in the pilot program 
     include military personnel and appropriate members of the 
     civilian community.
       The conferees intend that the principal objective of the 
     pilot program shall be to enhance the mission readiness of 
     members of the Army Reserve by assisting their families in 
     addressing the many challenges presented by deployments, 
     including separation, family relationships, and parenting.

                   Subtitle C--Education and Training


            PART I--DEPARTMENT OF DEFENSE SCHOOLS GENERALLY

     Authority for National Defense University award of degree of 
         Master of Science in Joint Campaign Planning and Strategy 
         (sec. 521)
       The House bill contained a provision (sec. 524) that would 
     authorize the President of the National Defense University to 
     award the degree of master of science in joint campaign 
     planning and strategy to graduates of the University who 
     fulfill the requirements of the program of the Joint Advanced 
     Warfighting School at the Joint Forces Staff College.
       The Senate amendment contained an identical provision (sec. 
     596).
       The conference agreement includes this provision.
     Authority for certain professional military education schools 
         to receive faculty research grants for certain purposes 
         (sec. 522)
       The Senate amendment contained a provision (sec. 925) that 
     would grant authority to the Air Force for faculty at the Air 
     Force Institute of Technology to accept research grants.
       The House bill contained no similar provision.
       The House recedes with an amendment that would expand the 
     authority to receive research grants to the National Defense 
     University, Army War College, Naval Postgraduate School, 
     Naval War College, Marine Corps University, Air Force 
     Institute of Technology, and Air War College.


            PART II--UNITED STATES NAVAL POSTGRADUATE SCHOOL

     Revision to mission of the Naval Postgraduate School (sec. 
         523)
       The Senate amendment contained a provision (sec. 592(a)) 
     that would modify and enhance the statutory mission of the 
     Naval Postgraduate School.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment that would 
     provide that the primary function of the Naval Postgraduate 
     School is to provide advanced instruction and professional 
     and technical education and research opportunities for 
     commissioned officers of the naval service in their practical 
     and theoretical duties; the science, physics and systems 
     engineering of current and future naval warfare doctrine, 
     operations and systems; and the integration of naval 
     operations and systems into joint, combined, and 
     multinational operations.
     Modification of eligibility for position of president of the 
         Naval Postgraduate School (sec. 524)
       The Senate amendment contained a provision (sec. 599B) that 
     would modify the eligibility requirements for the position of 
     president of the Naval Postgraduate School to allow a 
     military officer in the grade of rear admiral (lower half), 
     or a civilian individual having qualifications appropriate to 
     the position, to serve as president. An individual would be 
     detailed or assigned to the position of president of the 
     Naval Postgraduate School by the Secretary of the Navy, upon 
     the recommendation of the Chief of Naval Operations. A 
     civilian assigned as president would be limited to serve in 
     that position for a term of not more than 5 years.
       The House bill contained no similar provision.
       The House recedes with an amendment that would specify that 
     a civilian assigned as the president of the Naval 
     Postgraduate School must hold a doctorate degree in a field 
     of study relevant to the mission and function of the Naval 
     Postgraduate School, while a officer of the Navy detailed 
     as president must have a doctorate or master's degree in 
     such a field. Other qualifications for detail or 
     assignment as president would include: a comprehensive 
     understanding of the Navy, the Department of Defense, and 
     joint and combined operations; leadership experience at 
     the senior level in a large and diverse organization; 
     demonstrated ability to foster and encourage a program of 
     research in order to sustain academic excellence; and 
     other qualifications, as determined by the Secretary of 
     the Navy. The House amendment would allow the 
     reappointment of a civilian holding the position of 
     president for up to an additional term of 5 years. The 
     House amendment would also specify that military officers 
     not below the grade of captain may be detailed as 
     president, but would remove the requirement that such 
     officers be eligible for command at sea.
     Increased enrollment for eligible defense industry employees 
         in the defense product development program at Naval 
         Postgraduate School (sec. 525)
       The House bill contained a provision (sec. 522) that would 
     increase the number of defense industry civilian employees 
     who may be admitted to the Naval Postgraduate School to 
     receive instruction in a program leading to a master's degree 
     in a curriculum related to defense product development from 
     the current limit of 10 at any one time to 25. The House 
     provision would also broaden the areas of study authorized 
     for such students to include systems engineering, in addition 
     to the current curriculum related to defense product 
     development.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Instruction for enlisted personnel by the Naval Postgraduate 
         School (sec. 526)
       The House bill contained a provision (sec. 526) that would 
     require the Secretary of the Navy to submit a report to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives on the plans of the Secretary to provide 
     enlisted members of the Navy with opportunities to pursue 
     graduate degree programs.

[[Page H13080]]

       The Senate amendment contained a provision (sec. 592(b)) 
     that would expand the eligibility of enlisted personnel to 
     receive instruction from the Naval Postgraduate School by 
     authorizing enlisted members of the Armed Forces to 
     participate in certificate programs and courses required for 
     the performance of their duties.
       The House recedes with an amendment that would limit the 
     authority of enlisted personnel to receive instruction from 
     the Naval Postgraduate School in certificate programs and 
     courses required for the performance of their duties to 
     members of the Navy and Marine Corps. The amendment would 
     clarify that the Naval Postgraduate School would not be 
     authorized to grant baccalaureate, master's or doctorate 
     degrees on the basis of participation in such instruction. 
     The amendment would require the Secretary to submit a report 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives on the Navy's plans, if any, to 
     provide enlisted members of the Navy with opportunities to 
     pursue graduate degree programs.


               PART III--RESERVE OFFICERS' TRAINING CORPS

     Repeal of limitation on amount of financial assistance under 
         ROTC scholarship programs (sec. 531)
       The House bill contained a provision (sec. 521) that would 
     authorize the service secretaries to pay the costs of room 
     and board for Reserve Officers' Training Corps (ROTC) cadets 
     who are receiving scholarships when those costs exceed the 
     cumulative cost of tuition, fees, books, and laboratory 
     expenses. Current law allows ROTC scholarships to cover the 
     cost of room and board, but limits the amount of room and 
     board to the cost of tuition, fees, books, and laboratory 
     expenses.
       The Senate amendment contained a similar provision (sec. 
     532).
       The Senate recedes.
     Increase in annual limit on number of ROTC scholarships under 
         Army Reserve and National Guard program (sec. 532)
       The House bill contained a provision (sec. 527) that would 
     increase from 208 to 416 the maximum number of Reserve 
     Officers' Training Corps scholarships the Army may provide to 
     cadets who would be authorized to perform their obligated 
     service in the Army Reserve or Army National Guard.
       The Senate amendment contained a similar provision (sec. 
     534).
       The Senate recedes.
     Procedures for suspending financial assistance and 
         subsistence allowance for senior ROTC cadets and 
         midshipmen on the basis of health-related conditions 
         (sec. 533)
       The Senate amendment contained a provision (sec. 533) that 
     would require the Secretary of Defense to prescribe policies 
     and procedures to be followed by the military departments 
     prior to suspending financial assistance to senior Reserve 
     Officers' Training Corps cadets and midshipmen on the basis 
     of health-related conditions.
       The House bill contained no similar provision.
       The House recedes.
     Eligibility of United States nationals for appointment to the 
         Senior Reserve Officers' Training Corps (sec. 534)
       The Senate amendment contained a provision (sec. 541) that 
     would authorize U.S. nationals to be appointed as a cadet or 
     midshipman in the Senior Reserve Officers' Training Corps, to 
     be appointed as a cadet in the Army Reserve or Army National 
     Guard of the United States, and to be eligible for 
     appointment as a commissioned officer, under the same 
     statutory authorities and criteria that apply to U.S. 
     citizens.
       The House bill contained no similar provision.
       The House recedes.
     Promotion of foreign language skills among members of the 
         Reserve Officers' Training Corps (sec. 535)
       The Senate amendment contained a provision (sec. 542) that 
     would require the Secretary of Defense to support the 
     acquisition of foreign language skills among cadets and 
     midshipmen in the Reserve Officers' Training Corps through 
     the development and implementation of incentives to study a 
     foreign language, including special emphasis for Arabic, 
     Chinese, and other strategic languages, as defined by the 
     Secretary of Defense, and a recruiting strategy to target 
     foreign language speakers, including members of heritage 
     communities, to participate in the Reserve Officers' Training 
     Corps. The provision would require the Secretary to submit a 
     report to the congressional defense committees not later than 
     180 days after the date of enactment of this Act on actions 
     taken to carry out this provision.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Designation of Ike Skelton Early Commissioning Program 
         scholarships (sec. 536)
       The Senate amendment contained a provision (sec. 577) that 
     would designate scholarships awarded to cadets appointed at 
     certain military junior colleges under section 2107a of title 
     10, United States Code, as Ike Skelton Early Commissioning 
     Program scholarships.
       The House bill contained no similar provision.
       The House recedes.


                         PART IV--OTHER MATTERS

     Enhancement of educational loan repayment authorities (sec. 
         537)
       The Senate amendment contained a provision (sec. 1507) that 
     would modify section 2171(a) of title 10, United States Code, 
     to include additional types of loans incurred for educational 
     purposes by service members that would be eligible for loan 
     repayment by the Department of Defense. The provision would 
     also make both officer and enlisted personnel eligible for 
     loan repayment.
       The House bill contained no similar provision.
       The House recedes.
     Payment of expenses of members of the Armed Forces to obtain 
         professional credentials (sec. 538)
       The House bill contained a provision (sec. 523) that would 
     authorize the payment of expenses for service members to 
     obtain an accreditation, license, certification, or other 
     state or professionally-imposed credential, so long as it is 
     not a prerequisite for appointment in the Armed Forces.
       The Senate amendment contained a similar provision (sec. 
     651).
       The Senate recedes with a technical amendment.
     Use of Reserve Montgomery GI Bill benefits and benefits for 
         mobilized members of the Selected Reserve and National 
         Guard for payments for licensing or certification tests 
         (sec. 539)
       The House bill contained a provision (sec. 511) that would 
     authorize the use of Reserve Montgomery GI Bill benefits and 
     benefits for mobilized members of the Selected Reserve and 
     National Guard for licensing or certification test fees in 
     the amount of $2,000 or the fee charged for the test, 
     whichever is less. The House provision would apply to 
     tests administered on or after October 1, 2005.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would make the 
     changes effective on the date of enactment of this Act.
     Modification of educational assistance for reserves 
         supporting contingency and other operations (sec. 540)
       The House bill contained a provision (sec. 512) that would 
     modify the authority for educational assistance benefits for 
     reserves who have served on active duty in support of a 
     contingency operation, or for members of the National Guard 
     who served on full-time National Guard duty for the purpose 
     of responding to a national emergency, for more than 90 days. 
     The provision would clarify that the Secretary of Veterans 
     Affairs prescribes the manner and form of election of 
     benefits to comply with the requirement that individuals 
     receive assistance under only one such program. The House 
     provision would also authorize an exception to the immediate 
     termination of assistance for members of the Selected Reserve 
     who incur a break in service of not more than 90 days if the 
     member continues to serve in the Ready Reserve. The House 
     provision would further include a clarification that the 
     educational assistance provided by the statute applies only 
     to members who were called or ordered to active duty, or 
     performed full-time National Guard duty, on or after 
     September 11, 2001.
       The Senate amendment contained a similar provision (sec. 
     535) that would clarify that the Secretary of Veterans 
     Affairs prescribes the manner and form of election of 
     benefits, and provides an exception to the immediate 
     termination of assistance for members of the Selected Reserve 
     who incur a break in service of not more than 90 days if the 
     member continues to serve in the Ready Reserve.
       The House recedes.

                Subtitle D--General Service Requirements

     Ground combat and other exclusion policies (sec. 541)
       The House bill contained a provision (sec. 574) that would 
     require that if the Secretary of Defense proposes to make any 
     change to the ground combat exclusion policy that has been in 
     effect since October 1, 1994, or proposes to open or close to 
     the assignment of women any military career designator 
     related to military operations on the ground in effect as of 
     May 18, 2005, the Secretary must provide prior notice to 
     Congress. Such a change would be implemented only after the 
     end of a period of 60 days of continuous session of Congress. 
     The provision would also require that the Secretary provide 
     30 days prior notice to Congress before implementing any 
     other personnel policy change that would open to women 
     assignments not involving ground combat that are, as of the 
     date of the proposed change, closed to women. The provision 
     would further require the Secretary to submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives not later than March 31, 2006, a report of 
     the Secretary's review of the current and future 
     implementation of the policy regarding the assignment of 
     women.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would provide 
     that any proposed change to the ground combat exclusion 
     policy would only be implemented after notice to Congress and 
     the end of a period of 30 days of continuous session of 
     Congress.
     Uniform citizenship or residency requirements for enlistment 
         in the Armed Forces (sec. 542)
       The House bill contained a provision (sec. 531) that would 
     clarify and uniformly apply existing practices of the 
     military services regarding eligibility of individuals who 
     are not

[[Page H13081]]

     citizens of the United States to enlist in the Armed Forces.
       The Senate amendment contained a similar provision (sec. 
     521).
       The House recedes with a technical amendment.
     Increase in maximum age for enlistment (sec. 543)
       The Senate amendment contained a provision (sec. 1504) that 
     would modify section 505(a) of title 10, United States Code, 
     to authorize the enlistment of persons who are not more than 
     42 years of age.
       The House bill contained no similar provision.
       The House recedes.
     Increase in maximum term of original enlistment in regular 
         component (sec. 544)
       The House bill contained a provision (sec. 532) that would 
     amend section 505(c) of title 10, United States Code, to 
     increase the maximum duration of an enlistment in a regular 
     component from 6 to 8 years.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     National Call to Service program (sec. 545)
       The House bill contained a provision (sec. 534) that would 
     amend section 510 of title 10, United States Code, to clarify 
     that eligibility under the National Call to Service program 
     would include military occupational specialties for 
     enlistments for officer training and subsequent service as an 
     officer, in cases in which the reason for the enlistment and 
     entry into the National Call to Service program is to enter 
     an officer training program.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would remove the 
     Peace Corps from those national service programs through 
     which National Call to Service participants may, after an 
     initial period of active duty, complete their period of 
     obligated service. The amendment would also amend section 510 
     to make certain technical corrections related to the 
     eligibility of National Call to Service participants for 
     educational benefits under titles 10 and 38, United States 
     Code, and clarify that educational assistance earned through 
     the National Call to Service program would be provided 
     through the Department of Veterans Affairs under an agreement 
     entered into by the Secretary of Defense and the Secretary of 
     Veterans Affairs.
     Reports on information provided to potential recruits and to 
         new entrants into the Armed Forces on ``stop loss'' 
         authorities and initial period of military service 
         obligation (sec. 546)
       The Senate amendment contained a provision (sec. 523) that 
     would require the Secretary of Defense, not later than 90 
     days after the date of enactment of this Act, to submit a 
     report on the actions being taken to ensure that each 
     individual being recruited for service in the Armed Forces is 
     provided detailed information on the periods of service to 
     which such individuals may be obligated by reason of 
     enlistment in the Armed Forces. The report would include a 
     description of the stop loss authority and the manner in 
     which the exercise of such authority could affect the 
     duration of a member's service on active duty.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary of Defense to simultaneously submit a report on the 
     actions being taken to ensure that each individual covered by 
     section 651(a) of title 10, United States Code, is provided, 
     upon commencement of that person's initial period of military 
     service, and at other points during a career, information 
     regarding the date on which the initial service obligation of 
     that person would end.

       Subtitle E--Military Justice and Legal Assistance Matters

     Offense of stalking under the Uniform Code of Military 
         Justice (sec. 551)
       The Senate amendment contained a provision (sec. 552) that 
     would amend the Uniform Code of Military Justice (UCMJ) 
     (chapter 47 of title 10, United States Code) to establish 
     stalking as a separate offense under the UCMJ. ``Stalking'' 
     is defined as a course of conduct directed at a specific 
     person that would cause a reasonable person to fear death or 
     bodily harm, including sexual assault, to himself or herself 
     or a member of his or her immediate family. ``Immediate 
     family'' includes a spouse, parent, child, or sibling of the 
     person, or any other family member or relative of the person 
     who regularly resides in the person's household or did so 
     within the 6 months preceding the commencement of the course 
     of conduct.
       The House bill contained a similar provision (sec. 554).
       The House recedes with an amendment that would include the 
     person's ``intimate partner'' in the definition of 
     ``immediate family,'' would place the provision adjacent to 
     the UCMJ article dealing with rape and carnal knowledge, and 
     would provide for an effective date of 180 days after 
     enactment of this Act. The delayed effective date will 
     provide the necessary time for amendment of the Manual for 
     Courts-Martial to encompass this new offense.
     Rape, sexual assault, and other sexual misconduct under 
         Uniform Code of Military Justice (sec. 552)
       The House bill contained a provision (sec. 555) that would 
     amend article 120 of the Uniform Code of Military Justice 
     (UCMJ) (10 U.S.C. 920) to provide a series of graded offenses 
     relating to rape, sexual assault, and other sexual 
     misconduct, based upon the presence or absence of various 
     aggravating factors. The provision would also set interim 
     maximum punishments for the respective offenses, until such 
     time as the President provides otherwise in the Manual for 
     Courts-Martial.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would (1) clarify 
     the availability of marriage as an affirmative defense, (2) 
     strike language relating to preemption, (3) amend article 43 
     of the UCMJ (10 U.S.C. 843) to provide an unlimited statute 
     of limitations for rape of a child, (4) make technical and 
     conforming amendments, and (5) provide for an effective date 
     of October 1, 2007.
     Extension of statute of limitations for murder, rape, and 
         child abuse offenses under the Uniform Code of Military 
         Justice (sec. 553)
       The House bill contained a provision (sec. 553) that would 
     amend article 43 of the Uniform Code of Military Justice (10 
     U.S.C. 843) to (1) include all murders in the class of 
     offenses that have an unlimited statute of limitations; (2) 
     clarify that rape is also an offense with an unlimited 
     statute of limitations; (3) extend the statute of limitations 
     for certain child abuse offenses to the life of the child or 
     5 years from the date of the offense, whichever is later; and 
     (4) add pornography involving a child and kidnaping of a 
     child to the list of child abuse offenses.
       The Senate amendment contained a similar provision (sec. 
     551).
       The Senate recedes with an amendment that would clarify the 
     applicability of the extension of the murder statute of 
     limitations.
     Reports by officers and senior enlisted members of conviction 
         of criminal law (sec. 554)
       The Senate amendment contained a provision (sec. 555) that 
     would require the Secretary of Defense to prescribe 
     regulations directing officers and senior enlisted personnel 
     above the grade of E-6 to report to appropriate military 
     authority their arrest, investigation, charging, detention, 
     adjudication, or conviction for offenses other than minor 
     traffic violations. The provision would also require 
     development of procedures to ensure that information about 
     criminal convictions is promptly forwarded by military 
     authorities of one service to appropriate authorities in 
     another service having jurisdiction over a military member.
       The House bill contained no similar provision.
       The House recedes with an amendment that would limit the 
     obligation to report by officers and senior enlisted 
     personnel to criminal convictions, including pleas of guilty 
     or nolo contendere.
     Clarification of authority of military legal assistance 
         counsel to provide military legal assistance without 
         regard to licensing requirements (sec. 555)
       The Senate amendment contained a provision (sec. 553) that 
     would amend section 1044 of title 10, United States Code, to 
     provide that, notwithstanding any law regarding the licensure 
     of attorneys, a judge advocate or civilian attorney who is 
     authorized to provide military legal assistance is authorized 
     to provide that assistance in any jurisdiction, subject to 
     regulations prescribed by the Secretary concerned. Such 
     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. ``Legal 
     assistance'' is defined as legal assistance provided under 
     sections 1044, 1044a, 1044b, 1044c, and 1044d of title 10, 
     United States Code.
       The House bill contained a similar provision (sec. 551).
       The House recedes with a clarifying amendment.
     Use of teleconferencing in administrative sessions of courts-
         martial (sec. 556)
       The House bill contained a provision (sec. 552) that would 
     amend article 39 of the Uniform Code of Military Justice (10 
     U.S.C. 839) to authorize the use of audiovisual technology to 
     conduct administrative sessions of courts-martial, if 
     authorized by regulations of the Secretary concerned and if 
     the defense counsel is in the physical presence of the 
     accused.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would clarify 
     that only one defense counsel need be physically present with 
     the accused for teleconferencing to be used. An accused may 
     be represented by more than one counsel, particularly if the 
     case is a serious one or the accused elects to employ 
     civilian counsel. Not all counsel may be located in the same 
     vicinity as the accused. The amendment would ensure that 
     teleconferencing may be used in such situations.
     Sense of Congress on applicability of Uniform Code of 
         Military Justice to reserves on inactive duty training 
         overseas (sec. 557)
       The Senate amendment contained a provision (sec. 556) that 
     would express the sense of the Senate that there should be no 
     ambiguity about the applicability of the Uniform Code of 
     Military Justice (UCMJ) to members of the reserve components 
     of the Armed Forces while serving overseas under inactive 
     duty training orders. The provision further expresses the 
     sense of the Senate that the Secretary of Defense should take 
     action, not

[[Page H13082]]

     later than February 1, 2006, to clarify any jurisdictional 
     issues relating to such applicability under Article 2 of 
     the UCMJ (10 U.S.C. 802), and, if necessary, to submit to 
     Congress a legislative proposal to ensure the 
     applicability of the UCMJ in such situations.
       The House bill contained no similar provision.
       The House recedes with an amendment that would make the 
     provision an expression of the sense of Congress.
       The conferees are concerned over the use of inactive duty 
     training for reservists who are, it appears, performing 
     operational missions overseas. The use of inactive duty 
     training in this context may raise significant issues in such 
     areas as pay, access to base facilities, status of forces 
     agreements, and status under the international law of armed 
     conflict. The conferees urge the Secretary to ensure that 
     members of the reserves are not performing inactive duty 
     training in situations in which active duty or active duty 
     for training are more appropriate.

               Subtitle F--Matters Relating to Casualties

     Authority for members on active duty with disabilities to 
         participate in Paralympic Games (sec. 561)
       The House bill contained a provision (sec. 544) that would 
     authorize the Secretary of Defense to permit eligible members 
     of the Armed Forces to participate in the Paralympic Games 
     and qualifying events and preparatory competition for these 
     games.
       The Senate amendment contained a similar provision (sec. 
     599A).
       The Senate recedes.
     Policy and procedures on casualty assistance to survivors of 
         military decedents (sec. 562)
       The House bill contained a provision (sec. 542) that would 
     permanently codify the requirement to appoint a casualty 
     assistance officer and establish a new requirement to 
     formally appoint an assistance officer for seriously injured 
     and ill service members and their families.
       The Senate amendment contained a provision (sec. 591) that 
     would require the Secretary of Defense to prescribe a 
     comprehensive policy not later than January 1, 2006, on the 
     provision of casualty assistance to survivors and next of kin 
     of members of the Armed Forces who die during military 
     service. The policy would address certain elements that shall 
     be uniform across the military departments, except to the 
     extent necessary to reflect the traditional practices or 
     customs of a particular military department. The provision 
     would also require the military departments, not later than 
     March 1, 2006, to prescribe revised regulations and a report 
     by the Secretary not later than May 1, 2006, assessing the 
     adequacy and sufficiency of current casualty assistance 
     programs of the military departments. It would also require 
     the Comptroller General to submit an evaluation of the 
     current casualty assistance programs of the Department not 
     later than August 1, 2006.
       The House recedes with an amendment that would revise and 
     extend the dates on which the policies and reports on 
     casualty assistance would be promulgated. The General 
     Accountability Office (GAO) would be required to report by 
     July 1, 2006, on the current policies and procedures of, and 
     funding for, the Department's casualty assistance programs.
       The conferees believe the GAO assessment will be valuable 
     in formulating uniform policies under this provision.
     Policy and procedures on assistance to severely wounded or 
         injured service members (sec. 563)
       The House bill contained a provision (sec. 543) that would 
     require the Secretary of Defense to examine the programs of 
     the military services that provide assistance to service 
     members who incur severe wounds or injuries in the line of 
     duty, including the Army Disabled Soldier Support Program and 
     the Marine for Life Injured Support Program, and develop 
     standards and guidelines as necessary to coordinate and 
     standardize those programs with the activities of the 
     Severely Injured Joint Support Operations Center of the 
     Department of Defense.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary of Defense, not later than June 1, 2006, to 
     prescribe a comprehensive policy, in consultation with the 
     Secretary of Veterans Affairs and the Secretary of Labor, for 
     the Department of Defense on the provision of assistance to 
     members of the Armed Forces who incur severe wounds or 
     injuries in the line of duty. The amendment would require 
     that certain elements be addressed and that the policy 
     include guidelines to be followed by military departments in 
     the provision of assistance to severely wounded or injured 
     service members and procedures and standards that are uniform 
     across the military departments to the extent practicable. 
     The services would be required to prescribe their respective 
     regulations by September 1, 2006.
     Designation by members of the Armed Forces of persons 
         authorized to direct the disposition of member remains 
         (sec. 564)
       The House bill contained a provision (sec. 541) that would 
     require that members of the Armed Forces, upon their 
     enlistment or appointment, specify in writing the person 
     authorized to direct the disposition of the member's remains 
     under section 1482 of title 10, United States Code, in the 
     event of the member's death while serving on active duty.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require 
     that not later than June 1, 2006, the Department of Defense 
     complete, and the services implement, revisions to Department 
     of Defense Instruction 1300.18 relating to military personnel 
     casualty matters, policies, and procedures. The revisions 
     would require that members designate in writing a person 
     authorized to direct disposition of their remains. 
     Additionally, the provision would require that not later than 
     July 1, 2006, the Secretary of Defense submit a report on the 
     actions taken to carry out the provisions of the revised 
     policy.

   Subtitle G--Assistance to Local Educational Agencies for Defense 
                          Dependents Education

     Expansion of authorized enrollment in Department of Defense 
         Dependents Schools overseas (sec. 571)
       The House bill contained a provision (sec. 561) that would 
     require the Secretary of Defense to provide dependent 
     children of full-time, locally hired Department of Defense 
     employees who are U. S. citizens or nationals a space-
     required, tuition free education in Department of Defense 
     Dependents Schools overseas.
       The Senate amendment contained a similar provision (sec. 
     581).
       The House recedes with an amendment that would remove the 
     authorization for the Secretary to utilize funds for military 
     construction in conjunction with the enrollment of additional 
     children on a tuition-free basis in overseas schools.
     Assistance to local educational agencies that benefit 
         dependents of members of the Armed Forces and Department 
         of Defense civilian employees (sec. 572)
       The House bill contained a provision (sec. 562(a)) that 
     would authorize $50.0 million in Operation and Maintenance, 
     Defense-wide activities, for assistance to eligible local 
     educational agencies that provide education to military 
     dependent children. The House bill also contained a provision 
     (562(b)) that would authorize $10.0 million in Operation and 
     Maintenance, Defense-wide activities, for eligible local 
     educational agencies experiencing enrollment changes in 
     military dependent children due to base closures, force 
     structure changes, and force relocations.
       The Senate amendment contained two similar provisions 
     (secs. 582 and 583).
       The Senate recedes with an amendment that would authorize 
     $30.0 million for assistance to local educational agencies 
     that benefit dependents of members of the Armed Forces and 
     Department of Defense civilian employees. The amendment also 
     would authorize $10.0 million in Operation and Maintenance, 
     Defense-wide activities, to assist communities that 
     experience enrollment changes in the number of military and 
     Department of Defense dependent children due to global 
     rebasing, creation or activation of new military units, 
     realignment of forces as a result of the base closure 
     process, or a change in the number of housing units on a 
     military installation. The amendment establishes a limitation 
     of $1.0 million on the amount that any eligible local 
     educational agency may receive in any fiscal year, and 
     extends the authority for assistance under this section for 5 
     years.
       The conferees note that the Base Realignment and Closure 
     (BRAC) round of 2005, in addition to impacting military 
     installations around the country, will have significant 
     impact on surrounding civilian communities including local 
     school systems.
       The quality of life for military families is significantly 
     impacted by the quality of public education available to 
     their children. In light of the anticipated increases in 
     school-aged children in some cases resulting from Department 
     of Defense initiated actions, the conferees believe that the 
     Department should work closely with impacted States and local 
     communities, as well as the Department of Education, to 
     proactively address the influx, and the requirement for 
     adequate facilities and resources to properly provide for the 
     education needs of military children.
       The conferees direct the Secretary of Defense to submit a 
     report to the Committees on Armed Services of the Senate and 
     the House of Representatives no later than 6 months after the 
     enactment of this Act that examines Department of Defense 
     installations that have gained or are expected to gain 
     military students over the period of 2004 through 2011 as a 
     result of BRAC, rebasing, force restructuring, or change in 
     the number of military housing units, and addresses the 
     following: (1) the number of students that have been or are 
     expected to be gained at those installations; (2) a plan for 
     how the Department will work collaboratively with other 
     federal agencies as well as local and state education 
     agencies to ensure that military children have access to 
     sufficient educational resources and facilities when they 
     arrive at one of the new, highly impacted installations 
     listed above; and (3) a list of possible funding 
     resources, including federal grants, available to local 
     education agencies to assist in funding the necessary 
     construction, expansion, and additional teachers that will 
     be required to accommodate significant increases in 
     students due to Department of Defense initiated actions.
     Impact aid for children with severe disabilities (sec. 573)
       The Senate amendment contained a provision (sec. 584) that 
     would authorize $5.0 million in Operation and Maintenance, 
     Defense-

[[Page H13083]]

     wide activities, for impact aid payments for children with 
     disabilities under section 8003(d) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7703(d)), using 
     the formula set forth in section 363 of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal year 2001 
     (Public Law 106-398).
       The House bill contained no similar amendment.
       The House recedes.
     Continuation of impact aid assistance on behalf of dependents 
         of certain members despite change in status of member 
         (sec. 574)
       The House bill contained a provision (sec. 563) that would 
     adjust the process for computing the amount of funding 
     provided by the Department of Education to certain local 
     educational agencies heavily impacted by dependents of 
     military personnel for the school year 2005-2006. The 
     adjustment would require that children who attend the school, 
     but no longer live on a military base because both parents 
     are deployed or children who temporarily reside in military 
     housing following the death of a military parent, continue to 
     be counted as a child enrolled in school when computing 
     average daily attendance for the purposes of determining the 
     amount of assistance received.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.

                   Subtitle H--Decorations and Awards

     Eligibility for Operation Enduring Freedom campaign medal 
         (sec. 576)
       The House bill contained a provision (sec. 567) that would 
     establish September 11, 2001, as the beginning date for 
     eligibility for the campaign medal for Operation Enduring 
     Freedom, which was established pursuant to Public Law 108-
     234.
       The Senate amendment contained no similar provision.
       The Senate recedes.

                Subtitle I--Consumer Protection Matters

     Requirement for regulations on policies and procedures on 
         personal commercial solicitations on Department of 
         Defense installations (sec. 577)
       The Senate amendment contained a provision (sec. 594) that 
     would require the Department of Defense, not later than 
     January 1, 2006, to prescribe regulations, or modify existing 
     regulations, relating to commercial solicitation including 
     the sale of life insurance and securities, on military 
     installations. In order to facilitate this requirement, the 
     Senate provision would repeal two previously enacted 
     legislative provisions that could delay implementation and 
     are no longer required.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Department to prescribe new regulations as soon as 
     practicable after the date of enactment of this Act but no 
     later than March 31, 2006.
     Consumer education for members of the Armed Forces and their 
         spouses on insurance and other financial services (sec. 
         578)
       The Senate amendment contained a provision (sec. 598) that 
     would require the services to carry out comprehensive 
     programs of consumer education for members and their spouses 
     on insurance and other financial services that are available 
     to members and routinely offered by private sector sources. 
     The provision would also require that training be provided 
     during initial entry orientation of military members and 
     periodically at military installations throughout subsequent 
     military service. The provision would make counseling and 
     training available to members' spouses upon request and set 
     forth minimal qualifications for designated financial 
     counselors. The provision would also set forth certain 
     requirements for counseling and certification in connection 
     with the purchase of life insurance policies and use of 
     military allotments by junior enlisted personnel.
       The House bill contained no similar provision.
       The House recedes with an amendment that would delete the 
     requirement in law for written certification by a commander 
     before military members may request an allotment for the 
     purpose of purchasing life insurance.
     Report on predatory lending practices directed at members of 
         the Armed Forces and their dependents (sec. 579)
       The Senate amendment contained a provision (sec. 599) that 
     would express the sense of the Senate that the Department of 
     Defense should work with financial service regulators to 
     protect the members of the Armed Forces from predatory 
     lending practices and that legislation should be adopted that 
     will strengthen disclosure, education, and other protections 
     for military members and their families regarding predatory 
     lending practices. The provision would also require the 
     Secretary of Defense, in consultation with the Secretary of 
     the Treasury; the Chairman of the Federal Reserve; the 
     Chairman of the Federal Deposit Insurance Corporation; and 
     representatives of military charity organizations and 
     consumer organizations, to report on predatory lending 
     practices directed at members of the Armed Forces and their 
     families.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     report by the Secretary of Defense to be submitted within 180 
     days of enactment of this Act.

          Subtitle J--Reports and Sense of Congress Statements

     Report on need for a personnel plan for linguists in the 
         Armed Forces (sec. 581)
       The House bill contained a provision (sec. 573) that would 
     require the Secretary of Defense to review the career paths 
     available to officer and enlisted linguists to determine if a 
     change in their career management would be beneficial. The 
     amendment would also require the Secretary to report the 
     findings, results, and conclusions of this review and 
     assessment not later than 180 days after the date of 
     enactment of this Act.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Sense of Congress that colleges and universities give equal 
         access to military recruiters and ROTC in accordance with 
         the Solomon amendment and requirement for report to 
         Congress (sec. 582)
       The House bill contained a provision (sec. 580) that would 
     express the sense of the Congress that any college or 
     university that discriminates against Reserve Officers' 
     Training Corps (ROTC) programs or military recruiters should 
     be denied certain federal funding consistent with the 
     provision of law known as the Solomon amendment, and that 
     universities and colleges that receive federal funds should 
     provide military recruiters access to college campuses and to 
     college students equal in quality and scope to that provided 
     all other employers. The amendment would also require the 
     Secretary of Defense to submit a report on the colleges and 
     universities that are denying equal access to military 
     recruiters and ROTC programs 1 year after the date of 
     enactment of this Act.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Sense of Congress concerning study of options for providing 
         homeland defense education (sec. 583)
       The House bill contained a provision (sec. 529) that would 
     express a sense of Congress that the Secretary of Defense, in 
     consultation with the Secretary of Homeland Security, should 
     establish within the National Defense University an 
     educational institution, to be known as the National College 
     of Homeland Security, to have the mission of providing 
     strategic-level homeland security and homeland defense 
     education and related research to civilian and military 
     leaders from all agencies of government in order to 
     contribute to the development of a common understanding of 
     homeland security principles and of effective interagency 
     homeland security strategies, doctrines, and processes.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would express a 
     sense of Congress that the Secretary of Defense, in 
     consultation with the Secretary of Homeland Security, should 
     study the options among public and private educational 
     institutions and facilities, including an option of using the 
     National Defense University, for providing strategic-level 
     homeland defense education and related research to civilian 
     and military leaders from all agencies of government in order 
     to contribute to the development of a common understanding of 
     homeland defense principles and of effective interagency 
     homeland defense strategies, doctrines, and processes. The 
     results of such consultation and study should be reported 
     to the Committees on Armed Services of the Senate and the 
     House of Representatives, together with such 
     recommendations as the Secretary of Defense considers 
     appropriate, including a request for implementing 
     legislation that would contribute to the development of 
     strategic-level homeland defense education.
     Sense of Congress recognizing the diversity of the members of 
         the Armed Forces serving in Operation Iraqi Freedom and 
         Operation Enduring Freedom and honoring their sacrifices 
         and the sacrifices of their families (sec. 584)
       The House bill contained a provision (sec. 1048) that would 
     recognize the diversity of those killed in Operation Iraqi 
     Freedom and Operation Enduring Freedom and honoring their 
     sacrifices and the sacrifices of their families.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would recognize 
     the diversity of all those who served vice only those killed.

                       Subtitle K--Other Matters

     Expansion and enhancement of authority to present recognition 
         items for recruitment and retention purposes (sec. 589)
       The House bill contained a provision (sec. 525) that would 
     extend for 1 year the authority to award recognition items of 
     nominal value provided in section 520 of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375).
       The Senate amendment contained a provision (sec. 593) that 
     would expand the authority to award recognition items to all 
     active and reserve components and extend it through December 
     31, 2007.
       The House recedes with a clarifying amendment.
     Extension of date of submittal of report of Veterans' 
         Disability Benefits Commission (sec. 590)
       The conferees agree to include a provision that would amend 
     section 1503 of the National Defense Authorization Act for 
     Fiscal

[[Page H13084]]

     Year 2004 (Public Law 108-136; 38 U.S.C. 1101 note) to 
     authorize an extension until October 1, 2007, of the date on 
     which the Commission must submit its report to the President. 
     The conferees believe that the extension is necessary to 
     facilitate the participation by the Institute of Medicine and 
     Center for Naval Analyses in conducting a comprehensive 
     review of key issues within the Commission's charter.
     Recruitment and enlistment of home-schooled students in the 
         Armed Forces (sec. 591)
       The Senate amendment contained a provision (sec. 522) that 
     would require the Secretary of Defense to prescribe a uniform 
     policy on the recruitment and enlistment of home-schooled 
     students in the Armed Forces.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require that 
     the policy on the recruitment and enlistment of home-schooled 
     students include a communication plan aimed at ensuring 
     understanding throughout the recruiter force of policies 
     applicable to home-schooled individuals.
     Modification of requirement for certain intermediaries under 
         certain authorities relating to adoption (sec. 592)
       The Senate amendment contained a provision (sec. 655) that 
     would amend section 1052 of title 10, United States Code, to 
     authorize the reimbursement of expenses incurred in the legal 
     adoption of a child, whether placed by a qualifying adoption 
     agency or by another source authorized to place children for 
     adoption under State or local law. The provision would also 
     amend section 1072 of that title to include in the definition 
     of ``child'' for medical and dental care purposes a child 
     placed in the home of a member in anticipation of adoption, 
     whether the child is placed by an agency or by another source 
     authorized to place children by State or local law.
       The House bill contained no similar provision.
       The House recedes.
     Adoption leave for members of the Armed Forces adopting 
         children (sec. 593)
       The House bill contained a provision (sec. 572) that would 
     authorize up to 21 days of leave for a military member to be 
     used in connection with an adoption that qualifies for 
     adoption expenses authorized in section 1052 of title 10, 
     United States Code.
       The Senate amendment contained a provision (sec. 573) that 
     would require the Secretary of Defense to promulgate a 
     uniform policy for parental leave to be used by military 
     members in connection with births or adoptions.
       The Senate recedes with an amendment that would require 
     that in the event that two members of the Armed Forces who 
     are married to each other adopt a child in a qualifying 
     adoption only one member shall be allowed to take adoption 
     leave.
       The conferees intend that regulations prescribed by the 
     Secretary will establish a uniform policy on adoption leave 
     for all the military departments.
     Addition of information to be covered in mandatory 
         preseparation counseling (sec. 594)
       The House bill contained a provision (sec. 577) that would 
     require that mandatory preseparation counseling provided to 
     military members in accordance with section 1142(b) of title 
     10, United States Code, include information concerning the 
     availability of mental health services and the treatment of 
     Post-Traumatic Stress Syndrome and other mental health 
     conditions.
       The Senate amendment contained a provision (sec. 1602) that 
     would authorize improved transitional assistance programs for 
     veterans, including information in preseparation counseling 
     on civilian occupations and related assistance programs, 
     including the priority of service for veterans in the receipt 
     of employment, training, and placement services provided by 
     the Department of Labor.
       The Senate recedes with an amendment that would include the 
     additional matters in mandatory preseparation counseling.
     Report on Transition Assistance Programs (sec. 595)
       The Senate amendment contained a provision (sec. 1604) that 
     would require the Secretary of Defense, in consultation with 
     the Secretary of Labor and the Secretary of Veterans Affairs, 
     to submit a report on actions taken to ensure that Transition 
     Assistance Programs for military members separating from the 
     Armed Forces (including members of the reserve components) 
     function effectively to provide timely and comprehensive 
     transition assistance.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     Improvement to Department of Defense capacity to respond to 
         sexual assault affecting members of the Armed Forces 
         (sec. 596)
       The House bill contained a provision (sec. 578) that would 
     require the Secretary of Defense to conduct an inventory of 
     supplies and resources, including rape kits, trained 
     personnel and transportation resources, assigned or deployed 
     to deal with sexual assault in deployed units. The provision 
     would also require the Secretary to develop an action plan to 
     enhance the availability of resources in response to sexual 
     assaults in deployed units.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary to develop a system for tracking cases in which 
     care for a victim of sexual assault or prosecution of an 
     alleged perpetrator was hindered by the lack of a rape kit or 
     other needed supplies and resources. The amendment would also 
     require a report by the Secretary within 120 days of 
     enactment of this Act for ensuring the availability of 
     supplies and trained personnel and resources for responding 
     to sexual assaults occurring in deployed units. The amendment 
     would include additional elements related to the availability 
     of resources for deployed units to the annual report on 
     sexual assaults required by section 577 of the Ronald W. 
     Reagan National Defense Authorization Act for Fiscal Year 
     2005 (Public Law 108-375).
     Authority for appointment of Coast Guard flag officer as 
         Chief of Staff to the President (sec. 597)
       The House bill contained a provision (sec. 508) that would 
     amend title 14, United States Code, to authorize the 
     President, by and with the advice and consent of the Senate, 
     to appoint a flag officer of the U.S. Coast Guard to be the 
     Chief of Staff to the President.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Prayer at military service academy activities (sec. 598)
       The Senate amendment contained a provision (sec. 1079) that 
     would authorize the superintendent of a service academy to 
     have in effect a policy with respect to the offering of a 
     voluntary, nondenominational prayer at an authorized activity 
     of the academy, subject to the U.S. Constitution and such 
     limitations as the Secretary of Defense may prescribe.
       The House bill contained no similar provision.
       The House recedes.
     Modification of authority to make military working dogs 
         available for adoption (sec. 599)
       The conferees agree to a provision that would amend section 
     2583 of title 10, United States Code, to authorize the 
     service secretaries to make military working dogs available 
     for adoption under unusual or extraordinary circumstances 
     before the end of their useful working life. The conferees 
     believe that additional flexibility is needed in responding 
     to exceptional requests for adoption of military working 
     dogs, particularly those arising from wartime conditions.

                   Legislative Provisions Not Adopted

     Administrative censures of members of the Armed Forces
       The Senate amendment contained a provision (sec. 554) that 
     would codify the authority of the Secretary of Defense and 
     the service secretaries to issue administrative censures in 
     writing to members of the Armed Forces. An administrative 
     censure is a statement of adverse opinion or criticism with 
     respect to the conduct or performance of duty by a military 
     member. Such administrative censures are not subject to 
     appeal and are final when issued.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the Secretary of Defense and the 
     Secretaries of the Army, Navy, and Air Force possess inherent 
     authority, wholly apart from the provisions of the Uniform 
     Code of Military Justice, to administratively censure members 
     of the Armed Forces when facts and circumstances so require. 
     While the conferees believe that codification of the 
     authority to administratively censure is not required, it is 
     important that senior civilian and military leaders who are 
     responsible for ensuring accountability in the aftermath of 
     failures and deficiencies in performance by military 
     personnel understand the availability of this authority and 
     use it when warranted.
     CAPSTONE overseas field studies trips to People's Republic of 
         China and Republic of China on Taiwan
       The House bill contained a provision (sec. 528) that would 
     require the Secretary of Defense to direct the National 
     Defense University to ensure that field study visits to China 
     and Taiwan are integral components of the CAPSTONE program 
     carried out by the university.
       The Senate amendment contained no similar provision.
       The House recedes.
     Cold War Victory Medal
       The House bill contained a provision (sec. 565) that would 
     require the Secretary of Defense to design and issue a Cold 
     War Victory Medal, and prescribe the eligibility criteria.
       The Senate amendment contained no similar provision.
       The House recedes.
     Commencement of receipt of non-regular service retired pay by 
         members of the ready reserve on active federal status or 
         active duty for significant periods
       The Senate amendment contained a provision (sec. 539) that 
     would amend section 12731 of title 10, United States Code, to 
     provide that members of the ready reserve who have served on 
     active duty after September 11, 2001, would be eligible to 
     have their age for receipt of retired pay reduced by 3 months 
     for each aggregate of 90 days of active duty performed in any 
     fiscal year. Qualifying service for purposes of this 
     provision would be service on active duty pursuant to a call 
     or order to active duty in support of a contingency operation 
     or under a call to service

[[Page H13085]]

     authorized by the President or Secretary of Defense under 
     section 502(f) of title 32, United States Code, for purposes 
     of responding to a national emergency declared by the 
     President or supported by federal funds.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees are grateful for the enormous contributions 
     of reservists and National Guardsmen in prosecuting the 
     global war on terrorism. The central role of the reserve 
     components in Operations Noble Eagle, Enduring Freedom, and 
     Iraqi Freedom have demonstrated the critical importance of 
     transformation of the reserve components aimed at 
     establishing a flexible continuum of service that will allow 
     the nation's citizen-soldiers to continue to perform vital 
     missions in the Armed Forces while successfully pursuing 
     civilian careers. A key element in achieving success in this 
     regard is a reserve retirement system that enhances 
     mobilization readiness, supports recruiting and retention, 
     and equitably rewards those who serve on active duty for 
     extended periods, particularly volunteers
       The Commission on the National Guard and Reserves, 
     established by section 513 of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (Public Law 
     108-375) has been established and is currently at work. 
     The conferees expect the commission, consistent with its 
     charter, to closely examine issues relating to the 
     eligibility age for receipt of retired pay and to 
     recommend alternatives that recognize the role of the 
     National Guard and reserve and that may create new 
     incentives for ready reservists to volunteer for active 
     service, thereby materially contributing to military 
     readiness and enhanced mission capability.
     Comptroller General study of military recruiting
       The House bill contained a provision (sec. 576) that would 
     require the Comptroller General to submit a report on certain 
     matters relating to violations of law by military recruiters 
     and the sufficiency of Department of Defense policies in this 
     regard.
       The Senate amendment contained no similar provision.
       The House recedes.
     Eligibility of certain persons for space-available travel on 
         military aircraft
       The House bill contained a provision (sec. 575) that would 
     extend eligibility for space-available transportation to 
     gray-area retirees, i.e., members or former members of a 
     reserve component under 60 years of age who, but for age, 
     would be eligible for retired pay, and to their dependents.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees note that a requirement is included elsewhere 
     in this report for the Secretary of Defense to report on the 
     feasibility of providing space-available travel eligibility 
     to gray-area retirees and their dependents.
     Establishment of Combat Medevac Badge
       The House bill contained a provision (sec. 566) that would 
     require the Secretaries of the Army, Navy, and Air Force to 
     design and issue a Combat Medevac Badge and that would 
     prescribe eligibility criteria.
       The Senate amendment contained no similar provision.
       The House recedes.
     Extension of waiver authority of Secretary of Education with 
         respect to student financial assistance during a war or 
         other military operation or national emergency
       The House bill contained a provision (sec. 571) that would 
     extend for two years the authority provided by the Higher 
     Education Relief Opportunities for Students Act of 2003 
     (Public Law 108-76).
       The Senate amendment contained a similar provision (sec. 
     653).
       This provision is not included in the conference report 
     because it is unnecessary. On September 30, 2005, legislation 
     extending the waiver authority of the Secretary of Education 
     with respect to student financial assistance during a war or 
     other military operation or national emergency was enacted as 
     Public Law 109-78.
     Federal assistance for state programs under the National 
         Guard Youth Challenge program
       The Senate amendment contained a provision (sec. 595) that 
     would phase in over 3 years a change in the federal to state 
     matching funds ratio required by section 509(d) of title 32, 
     United States Code, for the National Guard Youth Challenge 
     program.
       The House bill contained no similar provision.
       The Senate recedes.
     Improved administration of transitional assistance programs
       The Senate amendment contained a provision (sec. 1602) that 
     would amend section 1142 of title 10, United States Code, to 
     specify additional pre-separation information that must be 
     provided to reserve component members who have been serving 
     on active duty continuously for at least 180 days before such 
     members are separated.
       The House bill contained no similar provision.
       The Senate recedes.
     Members completing statutory initial military service 
         obligation
       The House bill contained a provision (sec. 533) that would 
     require members at the commencement of their initial period 
     of military service to be informed of the date on which their 
     initial military service obligation ends. The provision would 
     also require the secretaries of the military departments to 
     notify members of the Individual Ready Reserve of the date on 
     which their initial military service obligation ends and 
     prohibit the involuntary mobilization, or a recall to active 
     duty, commencing after the expiration of the military service 
     obligation of members of the Individual Ready Reserve.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees note that the Department of Defense is 
     required to report on policies relating to notification to 
     service members of the extent of their military service 
     obligation elsewhere in this report.
     National Call to Service program
       The Senate amendment contained a provision (sec. 576) that 
     would remove the Peace Corps from those national service 
     programs through which National Call to Service participants 
     may, after an initial period of active duty, complete their 
     period of obligated service. The provision would also amend 
     section 510 of title 10, United States Code, to make certain 
     technical corrections related to the eligibility of National 
     Call to Service participants for educational benefits under 
     titles 10 and 38, United States Code, and clarify that 
     educational assistance earned through the National Call to 
     Service program would be provided through the Department of 
     Veterans Affairs under an agreement entered into by the 
     Secretary of Defense and the Secretary of Veterans Affairs.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the substance of this provision was 
     included in a separate provision in this Act relating to the 
     National Call to Service program.
     Performance by reserve component personnel of operational 
         test and evaluation and training relating to new 
         equipment
       The Senate amendment contained a provision (sec. 537) that 
     would authorize the Secretary of the Army to carry out a 
     pilot program through September 2010 to evaluate the 
     feasibility and advisability of utilizing members of the 
     reserve components of the Army, rather than contractor 
     personnel, to perform test, evaluation, and new equipment 
     training, and related activities. Up to $10.0 million in any 
     fiscal year of funds available to the Army for multiyear 
     purposes in appropriations for Research, Development, Test, 
     and Evaluation, and for procurement, would be authorized to 
     be transferred to a reserve component military personnel 
     account in the amounts necessary to reimburse that account 
     for the costs of military pay and allowances of reservists 
     participating in this program.
       The House bill contained no similar provision.
       The Senate recedes.
     Repeal of limitation on authority to redesignate the Naval 
         Reserve as the Navy Reserve
       The Senate amendment contained a provision (sec. 536) that 
     would amend section 517(a) of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (Public Law 
     108-375) to eliminate the requirement that implementation of 
     the redesignation of the Naval Reserve as the Navy Reserve be 
     delayed until after submission of conforming legislation.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that this provision is unnecessary 
     because conforming legislation designating the Naval Reserve 
     as the Navy Reserve is included elsewhere in this report.
     Sense of the Senate on notice to Congress of recognition of 
         members of the Armed Forces for extraordinary acts of 
         bravery, heroism, and achievement
       The Senate amendment contained a provision (sec. 575) that 
     would express the sense of the Senate that certain committees 
     and members of Congress should be informed when a member of 
     the Armed Forces is awarded a medal or otherwise commended 
     for an act of extraordinary heroism, bravery, achievement, or 
     other distinction.
       The House bill contained no similar provision.
       The Senate recedes.
     Short title
       The Senate amendment contained a provision (sec. 1501) that 
     would designate title XV of the Senate amendment as the 
     ``Military Recruiting Initiatives Act of 2005.''
       The House bill contained no similar provision.
       The Senate recedes.
     Short title
       The Senate amendment contained a provision (sec. 1601) that 
     would designate title XVI of the Senate amendment as the 
     ``Veterans' Enhanced Transition Services Act of 2005.''
       The House bill contained no similar provision.
       The Senate recedes.
     Standardization of grade of senior dental officer of the Air 
         Force with that of senior dental officer of the Army
       The House bill contained a provision (sec. 510) that would 
     require that the officer serving as the senior dental officer 
     in the Air Force, like the senior dental officer in the Army, 
     be appointed in the grade of major general.
       The Senate amendment contained no similar provision.

[[Page H13086]]

       The House recedes.
     Use of National Guard to provide military support to civilian 
         law enforcement agencies for domestic counterterrorism 
         activities
       The House bill contained a provision (sec. 515) that would 
     authorize the governor of a State to order personnel of that 
     state's National Guard to active duty under title 32, United 
     States Code, to provide military support to a civilian law 
     enforcement agency, on a reimbursable basis, for domestic 
     counterterrorism activities. The provision would define 
     domestic counterterrorism as measures taken to prevent, 
     deter, and respond to terrorism within a State.
       The Senate amendment contained no similar provision.
       The House recedes.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Legislative Provisions Adopted

                     Subtitle A--Pay and Allowances

     Increase in basic pay for fiscal year 2006 (sec. 601)
       The House bill contained a provision (sec. 601) that would 
     increase basic pay for members of the Armed Forces by 3.1 
     percent effective January 1, 2006, and waiver of the 
     adjustment required by section 1009 of title 37, United 
     States Code.
       The Senate amendment contained no similar provision in view 
     of the requirement regarding annual pay adjustment set forth 
     in section 1009(c)(2) of title 37, United States Code.
       The Senate recedes.
     Additional pay for permanent military professors at United 
         States Naval Academy with over 36 years of service (sec. 
         602)
       The House bill contained a provision (sec. 602) that would 
     allow permanent military professors at the United States 
     Naval Academy with over 36 years of service to receive the 
     same $250-per-month increase that is already authorized for 
     permanent professors at the other service academies.
       The Senate amendment contained a similar provision (sec. 
     601).
       The Senate recedes.
     Basic pay rates for reserve component members selected to 
         attend military service academy preparatory schools (sec. 
         603)
       The House bill contained a provision (sec. 603) that would 
     clarify that reserve component members who are attending 
     military service academy preparatory schools shall be paid at 
     the rate prescribed for the member's pay grade unless the 
     standard rate of compensation provided to cadets and 
     midshipmen is greater.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Clarification of restriction on compensation for 
         correspondence courses (sec. 604)
       The House bill contained a provision (sec. 604) that would 
     clarify that members of the National Guard, as well as other 
     members of the reserve components, are not authorized to be 
     compensated for work associated with participation in a 
     correspondence course sponsored by a uniformed service.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Enhanced authority for agency contributions for members of 
         the Armed Forces participating in the Thrift Savings Plan 
         (sec. 605)
       The Senate amendment contained a provision (sec. 602) that 
     would authorize service secretaries to make matching 
     contributions to the Thrift Savings Fund pursuant to an 
     agreement with an enlisted member covering the duration of 
     the member's initial enlistment.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Pilot program on contributions to Thrift Savings Plan for 
         initial enlistees in the Army (sec. 606)
       The Senate amendment contained a provision (sec. 652) that 
     would require the Secretary of the Army to conduct a pilot 
     program in order to assess the extent to which contributions 
     by the Army to the Thrift Savings Plan on behalf of first 
     term enlistees would assist in recruiting non-prior service 
     enlistees and result in establishing habits of financial 
     responsibility.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     Prohibition against requiring certain injured members to pay 
         for meals provided by military treatment facilities (sec. 
         607)
       The House bill contained a provision (sec. 1524) that would 
     amend section 402 of title 37, United States Code, to provide 
     that members of the Armed Forces shall not be required to pay 
     for meals at military treatment facilities who are undergoing 
     medical recuperation or therapy, or are otherwise undergoing 
     continuous care, including outpatient care, for an injury, 
     illness, or disease incurred in support of Operation Iraqi 
     Freedom, Operation Enduring Freedom, or any other operation 
     or area designated by the Secretary of Defense.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would make the 
     provision effective from October 1, 2005, and ending on 
     December 31, 2006.
     Permanent authority for supplemental subsistence allowance 
         for low-income members with dependents (sec. 608)
       The House bill contained a provision (sec. 605) that would 
     make permanent the authority to pay the supplemental 
     subsistence allowance for low-income members with dependents.
       The Senate amendment contained a similar provision (sec. 
     603).
       The Senate recedes.
     Increase in basic allowance for housing and extension of 
         temporary lodging expenses authority for areas subject to 
         major disaster declaration or for installations 
         experiencing sudden increase in personnel levels (sec. 
         609)
       The Senate amendment contained a provision (sec. 672) that 
     would authorize the Secretary of Defense to prescribe 
     temporary increases in rates of basic allowance for housing 
     (BAH) in areas for which major disasters have been declared 
     under section 401 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. Sec. 5170). The 
     amount of the temporary increase in BAH would be determined 
     based on the amount by which the costs of adequate housing 
     for civilians have increased in designated areas as a result 
     of the disaster, but may not exceed an amount equal to 20 
     percent of the applicable rate of BAH.
       The House bill contained no similar provision.
       The House recedes with an amendment that would also 
     authorize the Secretary to approve a temporary increase in 
     BAH to members stationed in areas experiencing a sudden 
     increase in the number of members of the Armed Forces 
     assigned and would authorize temporary lodging expenses for 
     these areas for up to 20 days. This authority would 
     appropriately be exercised in areas in which a rapid influx 
     of military personnel due to such factors as base realignment 
     and closure, global re-basing, and other force structural 
     changes cause sudden increases in the cost of housing in 
     designated areas.
     Basic allowance for housing for reserve component members 
         (sec. 610)
       The House bill contained a provision (sec. 606) that would 
     eliminate the requirement to pay a reduced rate of basic 
     allowance for housing (BAH) to reserve component members when 
     mobilized to serve on active duty for periods greater than 30 
     days and less than 140 days. It would also clarify that full 
     BAH would be paid to reserve component members when they are 
     mobilized to serve on active duty for less than 30 days in 
     connection with a contingency operation.
       The Senate amendment contained an identical provision.
       The conference agreement includes this provision.
     Permanent increase in length of time dependents of certain 
         deceased members may continue to occupy military family 
         housing or receive basic allowance for housing (sec. 611)
       The House bill contained a provision (sec. 1526) that would 
     extend from 180 days to 365 days the period that dependents 
     of members of the Armed Forces who die on active duty may 
     continue to occupy military family housing without charge. 
     The provision would also authorize payment of the basic 
     allowance for housing (BAH) for survivors of military 
     decedents for up to 365 days if the dependents are residing 
     in a private sector residence. This provision would codify 
     enhanced housing benefits for survivors that were authorized 
     under section 1022 of the Emergency Supplemental 
     Appropriations Act for Defense, the Global War on Terror, and 
     Tsunami Relief, 2005 (Public Law 109-13).
       The Senate amendment contained a similar provision (sec. 
     605).
       The House recedes with a technical amendment.
     Overseas cost of living allowance (sec. 612)
       The House bill contained a provision (sec. 607) that would 
     authorize service secretaries to continue to pay the overseas 
     cost of living allowance when a member's family continues to 
     reside overseas, notwithstanding the reassignment of the 
     sponsor to duty inside the continental United States, if the 
     secretary concerned determines that it is in the best 
     interest of the member or the member's dependents and in the 
     best interest of the United States. The provision would also 
     clarify the expenses eligible for lump-sum reimbursement 
     under section 405(d) of title 37, United States Code.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Allowance to cover portion of monthly deduction from basic 
         pay for Servicemembers' Group Life Insurance coverage for 
         members serving in Operation Enduring Freedom or 
         Operation Iraqi Freedom (sec. 613)
       The House bill contained a provision (sec. 1528) that would 
     authorize an allowance to pay the full cost of life insurance 
     coverage under Servicemembers' Group Life Insurance (SGLI) 
     for members serving in the theater of operations for 
     Operation Enduring Freedom (OEF) or Operation Iraqi Freedom 
     (OIF). The allowance would be in an amount equal to the 
     lesser of the deduction from the basic pay of members for the 
     amount of SGLI coverage obtained or the amount of the 
     deduction otherwise made for members who have maximum SGLI 
     coverage. The provision would also require the services to 
     provide information about the new allowance to service 
     members preparing to deploy to OEF or OIF.

[[Page H13087]]

       The Senate amendment contained a similar provision (sec. 
     641(b)(3)) that would authorize the amount of the government-
     provided insurance to cover the cost of $150,000 of coverage.
       The Senate recedes with an amendment that would require, in 
     the case of members who have insurance coverage under the 
     SGLI and who serve in the theater of operations of OEF or 
     OIF, payment of an allowance in an amount that would fund the 
     first $150,000 of SGLI coverage. The Secretary of Defense 
     would be authorized, but not required, by this provision, to 
     pay for an additional $250,000 of coverage or any portion 
     thereof.
     Income replacement payments for reserves experiencing 
         extended and frequent mobilization for active duty 
         service (sec. 614)
       The House bill contained a provision (sec. 608) that would 
     require payment to involuntarily mobilized reserve members of 
     an amount that would replace the differential between their 
     regular military compensation, plus any special or incentive 
     pays and allowances, and the average monthly income they 
     received during the 12 months preceding the month during 
     which they were mobilized. Reservists and National Guardsmen 
     who have private sector income exceeding their active duty 
     income would be eligible for the income replacement payment 
     for any full month following the date that the member 
     completes 18 continuous months of service on active duty, or 
     24 months on active duty during the previous 60 months, or 
     for any month during mobilization that occurs within 6 months 
     of the member's last active duty tour. Payments would be 
     limited to a minimum of $50 and a maximum of $3,000 each 
     month. The provision would be effective after December 2005.
       The Senate amendment contained a similar provision (sec. 
     607) that would authorize income replacement payments under 
     the same conditions as the House provision except that 
     qualifying reservists and National Guardsmen would be 
     eligible to receive income differential payments after they 
     have completed 180 continuous days of service on active duty.
       The Senate recedes with an amendment that would set an 
     effective date of 180 days after the date of enactment of 
     this Act, authorize the Secretary of Defense to issue 
     regulations to administer income replacement payments, and 
     provide for expiration of this authority after December 31, 
     2008.

           Subtitle B--Bonuses and Special and Incentive Pays

     Extension or resumption of certain bonus and special pay 
         authorities for reserve forces (sec. 621)
       The House bill contained a provision (sec. 611) that would 
     extend or resume the authority for the Selected Reserve 
     reenlistment bonus, special pay for enlisted members assigned 
     to certain high priority units, the Ready Reserve enlistment 
     bonus for persons without prior service, the Ready Reserve 
     enlistment and reenlistment bonus for persons with prior 
     service, and the Selected Reserve enlistment bonus for 
     persons with prior service until December 31, 2006.
       The Senate amendment contained a similar provision (sec. 
     611).
       The Senate recedes with a technical amendment.
     Extension of certain bonus and special pay authorities for 
         certain health care professionals (sec. 622)
       The House bill contained a provision (sec. 612) that would 
     extend the authority to pay the nurse officer candidate 
     accession bonus, the accession bonus for registered nurses, 
     incentive special pay for nurse anesthetists, special pay for 
     Selected Reserve health professionals in critically short 
     wartime specialities, the accession bonus for dental 
     officers, and the accession bonus for pharmacy officers until 
     December 31, 2006. The provision would also extend the 
     authority to repay education loans for certain Selected 
     Reserve health professionals until January 1, 2007.
       The Senate amendment contained a similar provision (sec. 
     612).
       The Senate recedes.
     Extension of special pay and bonus authorities for nuclear 
         officers (sec. 623)
       The House bill contained a provision (sec. 613) that would 
     extend the authority for the special pay for nuclear-
     qualified officers extending a period of active service, the 
     nuclear career accession bonus, and the nuclear career annual 
     incentive bonus until December 31, 2006.
       The Senate amendment contained a similar provision (sec. 
     613).
       The Senate recedes.
     Extension of other bonus and special pay authorities (sec. 
         624)
       The House bill contained a provision (sec. 614) that would 
     extend the authority for the aviation officer retention 
     bonus, the reenlistment bonus for active members, the 
     enlistment bonus for active members, the retention bonus for 
     members with critical skills, and the accession bonus for new 
     officers in critical skills until December 31, 2006. The 
     provision would also extend the authority for assignment 
     incentive pay until December 31, 2007.
       The Senate amendment contained a similar provision (sec. 
     614).
       The Senate recedes.
     Eligibility of oral and maxillofacial surgeons for incentive 
         special pay (sec. 625)
       The Senate amendment contained a provision (sec. 624) that 
     would authorize the Secretary of Defense to pay incentive 
     special pay to oral and maxillofacial surgeons, who are 
     members of the dental corps, on the same basis as incentive 
     special pay is available to medical corps officers.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Eligibility of dental officers for additional special pay 
         (sec. 626)
       The House bill contained a provision (sec. 615) that would 
     eliminate the restriction barring military dentists from 
     being paid additional special pay while they are undergoing 
     dental internship or residency training.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Increase in maximum monthly rate authorized for hardship duty 
         pay (sec. 627)
       The House bill contained a provision (sec. 616) that would 
     increase the maximum monthly rate of hardship duty pay from 
     $300 to $750.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Flexible payment of assignment incentive pay (sec. 628)
       The House bill contained a provision (sec. 617) that would 
     authorize assignment incentive pay to be paid on a monthly 
     basis, in a lump sum, or in installments other than monthly.
       The Senate amendment contained a provision (sec. 615) that 
     would also require a written agreement when assignment 
     incentive pay is paid in a lump sum or in installments.
       The House recedes with an amendment that would authorize an 
     increase in the maximum monthly rate of assignment incentive 
     pay from the existing $1,500 to $3,000. The amendment would 
     also clarify the circumstances under which repayment of 
     assignment incentive pay must be made.
     Active duty reenlistment bonus (sec. 629)
       The House bill contained a provision (sec. 618) that would 
     increase the maximum selective reenlistment bonus that may be 
     paid to an active component member from $60,000 to $90,000. 
     The provision would also extend the maximum years of service 
     beyond which a reenlistment bonus may not be awarded from 16 
     years to 20 years, repeal an obsolete pay under section 312a 
     of title 37, United States Code, and authorize service 
     secretaries to waive eligibility criteria during war and 
     national emergency.
       The Senate amendment contained a provision (sec. 616) that 
     would authorize payment of up to $75,000 to certain nuclear-
     qualified enlisted members of the naval service who have 
     completed at least 10, but not more than 14, years of active 
     duty.
       The Senate recedes with an amendment that would delete the 
     provision permitting waiver of all or a part of the 
     eligibility requirements for the active duty reenlistment 
     bonus in time of war or national emergency.
     Reenlistment bonus for members of Selected Reserve (sec. 630)
       The House bill contained a provision (sec. 619) that would 
     extend the maximum years of service beyond which a 
     reenlistment bonus may not be awarded from 16 years to 20 
     years, prohibit inclusion of portions of a term of 
     reenlistment or extension of enlistment in excess of 24 years 
     in computing the total bonus amount, and authorize the 
     service secretaries to waive eligibility criteria established 
     in law during war or national emergency.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would delete the 
     provision permitting waiver of all or a part of the 
     eligibility requirements for the Selected Reserve 
     reenlistment bonus in time of war or national emergency.
     Consolidation and modification of bonuses for affiliation or 
         enlistment in Selected Reserve (sec. 631)
       The House bill contained a provision (sec. 620) that would 
     consolidate sections 308c and 308e of title 37, United States 
     Code, setting the maximum amount that may be paid to members 
     who affiliate with Selected Reserve units at $15,000 and that 
     would specify new installment or lump-sum payment options. 
     Under a revised section 308c, the section would authorize an 
     accession bonus for enlistment of non-prior service 
     individuals in the Selected Reserve with the same $15,000 
     maximum payment and installment or lump-sum options 
     authorized for the affiliation bonus.
       The Senate amendment contained similar provisions (secs. 
     617 and 1502(a)) that would consolidate the Selected Reserve 
     enlistment and affiliation bonuses by amending section 308c 
     and repealing section 308e of title 37, United States Code. 
     The Senate provision would also authorize an increase in the 
     maximum amount of the Selected Reserve enlistment and 
     affiliation bonuses to $20,000.
       The House recedes with an amendment that would require the 
     service secretaries to designate the skills, units, and pay 
     grades for which an affiliation bonus may be paid and 
     prescribe conditions and circumstances under which repayment 
     of the bonuses would be required.

[[Page H13088]]

     Expansion and enhancement of special pay for enlisted members 
         of the Selected Reserve assigned to certain high priority 
         units (sec. 632)
       The Senate amendment contained a provision (sec. 618) that 
     would increase the amount of special pay that may be awarded 
     to members of the Selected Reserve assigned to certain high 
     priority units from $10 to $50 for each regular period of 
     instruction or period of appropriate duty.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Eligibility requirements for prior service enlistment bonus 
         (sec. 633)
       The House bill contained a provision (sec. 621) that would 
     eliminate the requirement that members with prior military 
     service must first complete their military service obligation 
     before being eligible to receive a bonus for enlisting in the 
     Selected Reserve.
       The Senate amendment contained a provision (sec. 1505) that 
     would eliminate the condition that a member not previously 
     have been paid a bonus (except under section 308i of title 
     37, United States Code) for enlistment, reenlistment, or 
     extension of enlistment in a reserve component.
       The Senate recedes with an amendment that would combine the 
     two provisions to make the prior service enlistment bonus 
     more flexible and widely used.
     Increase and enhancement of affiliation bonus for officers of 
         the Selected Reserve (sec. 634)
       The Senate amendment contained a provision (sec. 1506) that 
     would increase the maximum amount of the bonus for certain 
     initial service of officers of the Selected Reserve from 
     $6,000 to $10,000. Additionally, the provision would 
     eliminate the condition for eligibility that officers have 
     not previously served in the Selected Reserve.
       The House bill contained no similar provision.
       The House recedes.
     Increase in authorized maximum amount of enlistment bonus 
         (sec. 635)
       The House bill contained a provision (sec. 622) that would 
     increase the maximum amount of the active duty enlistment 
     bonus from $20,000 to $30,000.
       The Senate amendment contained a provision (sec. 1502(b)) 
     that would increase the maximum amount to $40,000.
       The House recedes.
     Discretion of Secretary of Defense to authorize retroactive 
         hostile fire and imminent danger pay (sec. 636)
       The House bill contained a provision (sec. 623) that would 
     authorize the Secretary of Defense to retroactively designate 
     the period during which duty in a specific area would qualify 
     members to receive special pay for duty subject to hostile 
     fire or imminent danger.
       The Senate amendment contained a similar provision (sec. 
     621).
       The Senate recedes.
     Increase in maximum bonus amount for nuclear-qualified 
         officers extending period of active duty (sec. 637)
       The House bill contained a provision (sec. 624) that would 
     increase the maximum amount of the bonus from $25,000 to 
     $30,000 payable to nuclear-qualified officers who extend 
     their active duty service.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Increase in maximum amount of nuclear career annual incentive 
         bonus for nuclear-qualified officers trained while 
         serving as enlisted members (sec. 638)
       The House bill contained a provision (sec. 625) that would 
     increase the maximum amount of the nuclear career annual 
     incentive bonus from $10,000 to $14,000 for officers who 
     previously, as enlisted members, received training for duty 
     in connection with the supervision, operation, and 
     maintenance of naval nuclear propulsion plants.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Uniform payment of foreign language proficiency pay to 
         eligible reserve component members and regular component 
         members (sec. 639)
       The House bill contained a provision (sec. 626) that would 
     establish one authority for foreign language proficiency pay 
     that specifies the same maximum amount and installment or 
     lump sum payment options for both active component and 
     reserve component members.
       The Senate amendment contained a similar provision (sec. 
     622).
       The Senate recedes with an amendment that would prescribe 
     the conditions and circumstances under which repayment of 
     foreign language proficiency pay would be required.
     Retention bonus for members qualified in certain critical 
         skills or assigned to high priority units (sec. 640)
       The House bill contained a provision (sec. 627) that would 
     authorize the retention bonus for members qualified in a 
     critical military skill under section 323 of title 37, United 
     States Code, to be paid to reserve component members and 
     would authorize the Secretary of Defense to establish 
     additional criteria for payment of the bonus. The provision 
     would also eliminate the prohibition of payment for service 
     beyond 25 years for members qualified in designated special 
     operations and naval nuclear skills.
       The Senate amendment contained a provision (sec. 619) that 
     would add a new section to title 37, United States Code, that 
     would authorize a retention bonus for members qualified in a 
     critical military skill with a maximum bonus amount of 
     $100,000 over the course of a career. Payment of the bonus 
     would also be authorized for certain members of the Selected 
     Reserve who volunteer for assignment to high priority units.
       The Senate recedes with an amendment that would limit the 
     maximum retention bonus amount for reserve component members 
     to $100,000 and make it available to Selected Reserve members 
     who volunteer for assignment to high priority units.
     Incentive bonus for transfer between Armed Forces (sec. 641)
       The Senate amendment contained a provision (sec. 623) that 
     would authorize payment of an incentive bonus not to exceed 
     $2,500 to military members of the active and reserve 
     components who transfer from the regular or reserve component 
     of one service to the regular or reserve component of another 
     service.
       The House bill contained no similar provision.
       The House recedes.
     Availability of special pay for members during rehabilitation 
         from wounds, injuries, and illnesses incurred in a combat 
         operation or combat zone (sec. 642)
       The House bill contained a provision (sec. 1527) that would 
     authorize the service secretaries to pay $430 per month to 
     service members with combat-related injuries sustained in a 
     combat operation or zone designated by the Secretary of 
     Defense. The pay would begin the month immediately following 
     medical evacuation. The pay would terminate at the end of the 
     first month during which the member is either paid a benefit 
     under the traumatic injury protection plan or the member is 
     no longer hospitalized in a military treatment facility or 
     under the auspices of the military health care system.
       The Senate amendment contained a provision (sec. 620) that 
     would extend eligibility for receipt of special pay for duty 
     subject to hostile fire or imminent danger from 3 months to 
     the duration of hospitalization for wounds or injuries 
     incurred in combat.
       The Senate recedes with an amendment that would expand 
     eligibility of the monthly special pay of $430 to include 
     members who incur wounds, injuries, or illnesses in the line 
     of duty in a combat operation or combat zone designated by 
     the Secretary and who is evacuated from the theater of the 
     combat operation or from the combat zone for medical 
     treatment. The special pay would be reduced by the amount of 
     hostile fire or imminent danger pay received.
     Pay and benefits to facilitate voluntary separation of 
         targeted members of the Armed Forces (sec. 643)
       The Senate amendment contained a provision (sec. 674) that 
     would authorize payment of separation pay and benefits to 
     eligible members who, under regulations approved by the 
     Secretary of Defense, are voluntarily separated from active 
     duty in the Armed Forces. Under this provision, no member 
     could receive as voluntary separation pay an amount greater 
     than three times the full amount of separation pay for a 
     member of the same pay grade and years of service who is 
     involuntarily separated under section 1174 of title 10, 
     United States Code. The provision would be limited in its 
     applicability until December 31, 2008, to officers who have 
     served more than 6 years, but less than 12 years, as of the 
     date of separation from active duty. The provision would also 
     authorize the Secretary of Defense to approve the convening 
     of selective early retirement boards for officers of the Navy 
     and Air Force from October 1, 2005, through December 31, 
     2011.
       The House bill contained no similar provision.
       The House recedes with an amendment that would limit the 
     maximum amount of voluntary separation pay under this 
     provision to no greater than two times the full amount of 
     separation pay for a member of the same pay grade and years 
     of service who is involuntarily separated under section 1174 
     of title 10, United States Code.
     Ratification of payment of critical-skills accession bonus 
         for persons enrolled in Senior Reserve Officers' Training 
         Corps obtaining nursing degrees (sec. 644)
       The House bill contained a provision (sec. 628) that would 
     authorize nursing students enrolled in Reserve Officers' 
     Training Corps (ROTC) programs to receive a critical skills 
     accession bonus of $5,000 or less under section 324 of title 
     10, United States Code, so long as they have completed the 
     second year of an accredited baccalaureate degree program and 
     they execute an agreement to serve on active duty as a 
     commissioned officer in the Army Nurse Corps. The provision 
     would also clarify that agreements paid under this subsection 
     are retroactively authorized if executed on or after October 
     5, 2004.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would limit the 
     applicability of the authorization for payment of the bonus 
     from October 5, 2004, through December 31, 2005.
     Temporary authority to pay bonus to encourage members of the 
         Army to refer other persons for enlistment in the Army 
         (sec. 645)
       The House bill contained a provision (sec. 675) that would 
     authorize the Secretary of

[[Page H13089]]

     the Army to conduct a pilot program through December 31, 
     2007, that would allow payment of up to $1,000 in a lump sum 
     to a member of the Army who refers a person, who is not an 
     immediate family member and who has not previously served in 
     the Armed Forces, to an Army recruiter. The bonus would be 
     paid if the referred person enlists in the Army or Army 
     Reserve and successfully completes basic training and 
     individual advanced training. The provision would limit to 
     1,000 the number of referral bonuses that could be offered 
     under the pilot program during its first year.
       The Senate amendment contained a similar provision (sec. 
     1503) that would also apply to members of the Army Reserve 
     and Army National Guard.
       The House recedes with an amendment that would delete the 
     limit of 1,000 on the number of referral bonuses that may be 
     paid during the first year in which they are offered.

            Subtitle C--Travel and Transportation Allowances

     Authorized absences of members for which lodging expenses at 
         temporary duty location may be paid (sec. 651)
       The House bill contained a provision (sec. 641) that would 
     expand the circumstances under which members may continue to 
     receive the lodging portion of their temporary duty per diem 
     during absences from the temporary duty location to include 
     absences approved by the member's unit commander in addition 
     to authorized leave.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment that would 
     require that the leave involved must be authorized under 
     controlling service regulations.
     Extended period for selection of home for travel and 
         transportation allowances for dependents of deceased 
         member (sec. 652)
       The House bill contained a provision (sec. 642) that would 
     increase the period of time allowed for surviving family 
     members of service members who die while on active duty to 
     select a residence for which they may receive travel and 
     transportation allowances from 1 year to 3 years after the 
     death of the member.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Transportation of family members in connection with the 
         repatriation of members held captive (sec. 653)
       The House bill contained a provision (sec. 643) that would 
     authorize the service secretaries to provide travel and 
     transportation allowances for three family members of a 
     military member on active duty who was held captive or was 
     otherwise missing to the location where the member has been 
     repatriated. The provision would also authorize waiver of the 
     limitation on the number of family members of a member 
     provided travel and transportation allowances in 
     circumstances determined to be appropriate by the Secretary 
     concerned.
       The Senate amendment contained a similar provision (sec. 
     631(a)).
       The House recedes with an amendment that would authorize 
     waiver of the limitation on the number of family members who 
     may be provided travel and transportation allowances in 
     circumstances determined to be appropriate by the Secretary 
     concerned.
       The conferees note that authority for the transportation of 
     family members in connection with the repatriation of federal 
     civilian employees held captive is separately included in 
     this Act.
     Increased weight allowances for shipment of household goods 
         of senior noncommissioned officers (sec. 654)
       The House bill contained a provision (sec. 644) that would 
     increase the authorized weight allowance for the shipments of 
     household goods for members in enlisted grades of E-9, E-8, 
     and E-7, with and without dependents.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Permanent authority to provide travel and transportation 
         allowances for family members to visit hospitalized 
         members of the Armed Forces injured in combat operation 
         or combat zone (sec. 655)
       The House bill contained a provision (sec. 1525) that would 
     authorize payment of travel and transportation allowances for 
     dependent family members to visit service members 
     hospitalized in the United States who have incurred injuries 
     in a combat operation or area designated as a combat 
     operation or combat zone by the Secretary of Defense.
       The Senate amendment contained a similar provision (sec. 
     631(b)(2)).
       The Senate recedes with an amendment that would clarify 
     that eligibility for family members to travel under the 
     authority of this provision is not conditioned on dependent 
     status.

             Subtitle D--Retired Pay and Survivor Benefits

     Monthly disbursement to states of State income tax withheld 
         from retired or retainer pay (sec. 661)
       The House bill contained a provision (sec. 651) that would 
     authorize payment to the states of monies voluntarily 
     withheld from retired or retainer pay for tax purposes on a 
     monthly, vice quarterly, basis.
       The Senate amendment contained a similar provision (sec. 
     1007).
       The Senate recedes.
     Denial of certain burial-related benefits for individuals who 
         committed a capital offense (sec. 662)
       The House bill contained a provision (sec. 653) that would 
     expand the reasons for denying military honors at the funeral 
     or burial service of a member or former member by prohibiting 
     such honors when the circumstances surrounding the death of 
     the individual, or other circumstances involving the 
     individual as specified by the Secretary of Defense, would 
     bring discredit to the military department concerned.
       The Senate amendment contained a provision (sec. 678) that 
     would amend section 2411 of title 38, United States Code, to 
     prohibit burial in a national cemetery of persons who were 
     convicted of capital offenses under federal or state law as 
     defined in section 2411. The provision would amend section 
     985 of title 10, United States Code, to prohibit rendering of 
     funeral honors using the revised criteria in section 2411 for 
     denial of burial. The provision would also prohibit rendering 
     of funeral honors when the circumstances surrounding the 
     person's death or other circumstances as specified by the 
     Secretary are such that to provide military honors at the 
     funeral or burial of the person would bring discredit upon 
     the service.
       The House recedes with a technical amendment.
     Concurrent receipt of veterans disability compensation and 
         military retired pay (sec. 663)
       The House bill contained a provision (sec. 655) that would 
     curtail the 10-year phased implementation of full concurrent 
     receipt for military retirees receiving veterans disability 
     compensation at the rate payable for 100 percent disability 
     by reason of a determination of individual unemployability. 
     The provision would authorize such retirees to receive full 
     concurrent receipt of veterans disability compensation and 
     military retired pay on October 1, 2009.
       The Senate amendment contained a similar provision (sec. 
     645 (a)) that would authorize eligible disabled military 
     retirees to receive full concurrent receipt effective on date 
     of enactment of this Act.
       The Senate recedes with a technical amendment.
     Additional amounts of death gratuity for survivors of certain 
         members of the Armed Forces dying on active duty (sec. 
         664)
       The Senate amendment contained a provision (sec. 641) that 
     would increase the amount of the death gratuity, effective 
     retroactively to October 7, 2001, payable under sections 1475 
     through 1478 of title 10, United States Code, from $12,000 to 
     $100,000 in all cases in which military members die on active 
     duty. It would also modify section 1967 of title 38, United 
     States Code, that would increase the maximum amount payable 
     under the Servicemembers' Group Life Insurance (SGLI) 
     program. The Senate amendment also contained a provision 
     (sec. 645(c)) that would require that the additional payment 
     of $150,000 authorized under section 1013(e)(2) of division A 
     of the Emergency Supplemental Appropriations Act for Defense, 
     the Global War on Terror, and Tsunami Relief, 2005 (Public 
     Law 109-13) be paid to survivors of all military personnel 
     who died on or after October 7, 2001.
       The House bill contained a provision (sec. 1523) that would 
     authorize, effective October 1, 2005, an increased death 
     gratuity of $100,000 to be paid to designated beneficiaries 
     of military deaths resulting from wounds, injuries, and 
     illnesses incurred as a result of combat-related 
     circumstances.
       The House recedes with an amendment that would delete 
     modification of the SGLI program, and provide that amounts 
     for payments of the increased death gratuity after the date 
     of the enactment of this Act for deaths occurring before the 
     date of the date of enactment of this Act be derived from 
     supplemental appropriations for the Department of Defense for 
     fiscal year 2006 for military operations in Iraq and 
     Afghanistan and the global war on terrorism contingent upon 
     such appropriations being enacted.
       The conferees note that the Servicemembers' Group Life 
     Insurance Enhancement Act of 2005 (Public Law 109-80), which 
     was enacted on September 30, 2005, increased the maximum 
     amount of coverage available under the SGLI program to 
     $400,000 and modified the spousal notice provisions.
     Child support for certain minor children of retirement-
         eligible members convicted of domestic violence resulting 
         in death of child's other parent (sec. 665)
       The House bill contained a provision (sec. 654) that would 
     authorize the payment of child support from a member's 
     disposable retired pay to a dependent child of the member 
     when the member's retired pay eligibility has been terminated 
     because of the member's abuse of a spouse that resulted in 
     the death of the spouse. The dependent child would become 
     eligible to receive child support after effective service of 
     a court order providing for such payment.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment.
     Comptroller General report on actuarial soundness of the 
         Survivor Benefit Plan (sec. 666)
       The House bill contained a provision (sec. 656) that would 
     allow veterans who elect insurable interest coverage under 
     the Survivor

[[Page H13090]]

     Benefit Plan (SBP) to redesignate a beneficiary if their 
     originally-named beneficiary predeceases them.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Comptroller General to submit a report by July 31, 2006, on 
     the actuarial soundness of the SBP. The elements of the 
     report would include an assessment of the implications for 
     the actuarial soundness of the SBP program of recent SBP 
     legislative changes and projected required levels of 
     government contributions and payments to the SBP program; and 
     an assessment of the implications of permitting SBP program 
     participants to designate a new insurable interest 
     beneficiary if a previously designated beneficiary 
     predeceases them and also of repealing the required reduction 
     of the monthly SBP annuity by dependency and indemnity 
     compensation.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality 
                                Benefits

     Increase in authorized level of supplies and services 
         procurement from overseas exchange stores (sec. 671)
       The House bill contained a provision (sec. 661) that would 
     authorize an increase from $50,000 to $100,000 of the dollar 
     limit for purchases by defense entities from military 
     exchanges for goods and services outside the United States.
       The Senate amendment contained a similar provision (sec. 
     325).
       The Senate recedes.
     Requirements for private operation of commissary store 
         functions (sec. 672)
       The House bill contained a provision (sec. 662) that would 
     establish a moratorium on studies to compare the cost 
     effectiveness of commissary operations employing federal 
     civilian employees and such operations employing private 
     sector employees through December 31, 2010.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would establish 
     the moratorium on such studies through December 31, 2008.
     Provision of and payment for overseas transportation services 
         for commissary and exchange supplies and products (sec. 
         673)
       The House bill contained a provision (sec. 664) that would 
     mandate that appropriated funds be used to pay for all 
     expenses to ship exchange goods to overseas locations for 
     sale to military personnel and their families.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment to add exchange 
     products to the authority for overseas transportation.
     Compensatory time off for certain nonappropriated fund 
         employees (sec. 674)
       The House bill contained a provision (sec. 665) that would 
     authorize managers to grant nonappropriated fund employees 
     compensatory time off instead of overtime pay for overtime 
     work when requested by the employee.
       The Senate amendment contained a similar provision (sec. 
     1102).
       The Senate recedes.
     Rest and Recuperation Leave Programs (sec. 675)
       The Senate amendment contained a provision (sec. 342) that 
     would authorize $7.0 million for Operation and Maintenance, 
     Defense-wide activities for the reimbursement of expenses of 
     the Armed Forces Recreation Centers related to utilization of 
     the facilities under official Rest and Recuperation Leave 
     Programs.
       The House bill contained no similar provision.
       The House recedes.

                       Subtitle F--Other Matters

     Temporary Army authority to provide additional recruitment 
         incentives (sec. 681)
       The Senate amendment contained a provision (sec. 673) that 
     would authorize the Secretary of Defense to develop and 
     initiate incentives not otherwise authorized by law to 
     encourage military service. The provision, among other 
     conditions, would require the Secretary to submit plans 
     describing proposed projects to Congress not later than 30 
     days before implementation. The authority to conduct projects 
     under this provision would terminate not later than the end 
     of the 3-year period beginning on the date on which 
     implementation commences. The Secretary would be required to 
     submit to Congress on an annual basis a report on the 
     incentives provided under this authority during the preceding 
     year.
       The House bill contained no similar provision.
       The House recedes with an amendment that would limit this 
     authority to the Department of the Army and permit no more 
     than four recruitment projects. Recruitment incentives under 
     this authority would be offered for not longer than a 3-year 
     period and required notice would be 45 days before 
     implementation. This provision would be effective until 
     December 31, 2009.
     Clarification of leave accrual for members assigned to a 
         deployable ship or mobile unit or other duty (sec. 682)
       The House bill contained a provision (sec. 674) that would 
     clarify that service members assigned to a deployable ship or 
     mobile unit, or other designated units may be authorized to 
     accumulate up to 120 days of leave.
       The Senate amendment contained a similar provision (sec. 
     571) that would also authorize accrual of up to 120 days for 
     members who, on or after August 29, 2005, perform duty 
     designated by the Secretary of Defense as qualifying duty for 
     purposes of this provision.
       The House recedes.
     Expansion of authority to remit or cancel indebtedness of 
         members of the Armed Forces incurred on active duty (sec. 
         683)
       The conferees agree to a provision that would amend 
     sections 4837, 6161, and 9837 of title 10, United States 
     Code, to expand the authority of the service secretaries to 
     remit or cancel indebtedness of members of the Armed Forces 
     incurred on active duty. The provision would authorize the 
     service secretaries, under regulations prescribed by the 
     Secretary of Defense, to forgive indebtedness of officers, as 
     well as enlisted personnel, in cases in which the member is 
     on active duty or in an active status or during the 1-year 
     period beginning on the date a member is discharged or 
     released from active status. The provision would authorize 
     remission or cancellation of debts effective as of October 7, 
     2001, and expire on December 31, 2007.
     Loan repayment program for chaplains in the Selected Reserve 
         (sec. 684)
       The Senate amendment contained a provision (sec. 675) that 
     would authorize service secretaries, under regulations 
     prescribed by the Secretary of Defense, to repay certain 
     education loans incurred by chaplains in the Selected 
     Reserve.
       The House bill contained no similar provision.
       The House recedes with a technical amendment that would 
     permit service regulations to control the types of education 
     loans that would be eligible for repayment under this 
     provision.
     Inclusion of Senior Enlisted Advisor for the Chairman of the 
         Joint Chiefs of Staff among senior enlisted members of 
         the Armed Forces (sec. 685)
       The House bill contained a provision (sec. 671) that would 
     add the Senior Enlisted Advisor for the Chairman of the Joint 
     Chiefs of Staff to the list of senior enlisted positions 
     designated to receive the highest level of pay for an 
     enlisted member effective on the date on which an enlisted 
     member is appointed to serve in that position.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Special and incentive pays considered for saved pay upon 
         appointment of members as officers (sec. 686)
       The House bill contained a provision (sec. 672) that would 
     update and add to the list of special and incentive pays 
     and allowances that should be considered in determining 
     the amount of pay and allowances of an enlisted grade 
     formerly held by an officer who continues to perform the 
     duties creating the eligibility for such pay and 
     allowances and who may be entitled to saved pay treatment. 
     The provision would clarify that the pay and allowances of 
     an enlisted or warrant officer grade formerly held by an 
     officer may continue to be paid to the officer only when 
     the officer continues to perform the duty that creates the 
     entitlement to, or the eligibility for, the pay or 
     allowance.
       The Senate amendment contained a similar provision (sec. 
     604).
       The House recedes with a technical amendment.
     Repayment of unearned portion of bonuses, special pays, and 
         educational benefits (sec. 687)
       The House bill contained a provision (sec. 673) that would 
     consolidate policies and procedures for repayment of unearned 
     portions of bonuses, special pays, and educational benefits 
     into one section. The provision would also clarify that the 
     services may establish procedures for all such programs for 
     determining the amount of the repayment required and the 
     circumstances under which an exception to the required 
     repayment may be granted.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Rights of members of the Armed Forces and their dependents 
         under Housing and Urban Development Act of 1968 (sec. 
         688)
       The Senate amendment contained a provision (sec. 676) that 
     would amend section 1701 of title 12, United States Code, to 
     require that written notice be provided to homeowners 
     explaining the mortgage and foreclosure rights of service 
     members and their dependents under the Servicemembers' Civil 
     Relief Act (50 U.S.C. 501 et seq.)
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Extension of eligibility for SSI for certain individuals in 
         families that include members of the Reserve and National 
         Guard (sec. 689)
       The Senate amendment contained a provision (sec. 677) that 
     would amend section 1631(j)(1)(B) of the Social Security Act 
     (42 U.S.C. 1383(j)(1)(B)) by changing from 12 to 24 months 
     the amount of time that the income of certain individuals in 
     families that include members of the reserve and National 
     Guard may exceed prescribed limits for eligibility for 
     Supplemental Security Income (SSI) before re-application for 
     SSI benefits would be required. This provision would only 
     apply to members of reserve components who

[[Page H13091]]

     were called to active duty under sections 12301(d) or 12302 
     of title 10, United States Code, or section 502(f) of title 
     32, United States Code.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Information for members of the Armed Forces and their 
         dependents on rights and protections of the 
         Servicemembers Civil Relief Act (sec. 690)
       The Senate amendment contained a provision (sec. 654) that 
     would require the services to provide to military members and 
     their families pertinent information on the rights and 
     protections available under the Servicemembers Civil Relief 
     Act (SCRA) (50 U.S.C. App. 501 et seq). This information 
     should be provided during initial orientation training, when 
     members of the reserve are mobilized or individually called 
     or ordered to active duty for periods of more than 1 year, 
     and at other appropriate times. The provision would authorize 
     the services to provide adult dependents of military members 
     information on their rights and protections under the SCRA.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.

                   Legislative Provisions Not Adopted

     Comptroller General report regarding compensation and 
         benefits for reserve component members
       The House bill contained a provision (sec. 677) that would 
     require the Comptroller General to prepare a report reviewing 
     the terms and elements of reserve compensation, benefits, and 
     personnel support programs, including the retirement system.
       The Senate amendment contained no similar provision.
       The House recedes.
     Effective date for paid-up coverage under SBP
       The Senate amendment contained a provision (sec. 644) that 
     would amend section 1452(j) of title 10, United States Code, 
     to change the effective date for paid-up coverage under the 
     Survivor Benefit Plan from October 1, 2008, to October 1, 
     2005.
       The House bill contained no similar provision.
       The Senate recedes.
     Increase in maximum rate of assignment incentive pay
       The Senate amendment contained a provision (sec. 671) that 
     would authorize and increase the maximum rate of monthly 
     assignment incentive pay from $1,500 to $3,000.
       The House bill contained no similar provision.
       The Senate recedes because this authorization is included 
     elsewhere in this report.
     Provision of information technology services for 
         accommodations provided by non-appropriated fund 
         instrumentalities for wounded members of the Armed Forces 
         and their families
       The House bill contained a provision (sec. 663) that would 
     authorize the secretary concerned to provide information 
     technology equipment and Internet access to service members 
     and their families residing in facilities operated by non-
     appropriated funds while the member receives medical 
     treatment.
       The Senate amendment contained no similar provision.
       The House recedes.
     Repeal of requirement of reduction of SBP survivor annuities 
         by dependency and indemnity compensation
       The Senate amendment contained a provision (sec. 643) that 
     would amend sections 1450 and 1451 of title 10, United States 
     Code, to repeal the requirement for reduction of annuities 
     received under the Survivor Benefit Plan (SBP) by the amount 
     of dependency and indemnity compensation paid to 
     beneficiaries under section 1311(a) of title 38, United 
     States Code.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees believe that a comprehensive assessment of 
     the SBP program is needed. In a separate provision in this 
     report, the Comptroller General is directed to study the SBP 
     including assessments of the implications for the actuarial 
     soundness of recent SBP legislative changes and projected 
     required levels of government contributions and payments to 
     the SBP program, and an assessment of the implications of 
     permitting SBP program participants to designate a new 
     insurable interest beneficiary if a previously designated 
     beneficiary predeceases them and of repealing the required 
     reduction of the monthly SBP annuity by dependency and 
     indemnity compensation.
     Revision to eligibility for nonregular service retirement 
         after establishing eligibility for regular retirement
       The House bill contained a provision (sec. 652) that would 
     allow service members who are qualified for active duty 
     retirement to continue to serve in an active reserve status 
     and remain eligible for a reserve retirement at age 60 
     without being required to be formally retired under the 
     applicable active duty authority as required by current law.
       The Senate amendment contained no similar provision.
       The House recedes.
     Special compensation for reserve component members who are 
         also tobacco farmers adversely affected by terms of 
         tobacco quota buyout
       The House bill contained a provision (sec. 676) that would 
     require the Secretary of Defense to reimburse members of the 
     reserve component who received reduced compensation under the 
     Fair and Equitable Tobacco Reform Act of 2004 (Public Law 
     108-357 (title VI)) (7 U.S.C. 518) as a result of their 
     mobilization to serve on active duty. The provision would 
     require the Secretary of Defense, in consultation with the 
     Secretary of Agriculture, to pay members who were producers 
     of quota tobacco for at least 2 of the 3 tobacco market years 
     before 2002 an amount equal to 70 percent of the difference 
     between the amount the member will receive under the Act and 
     the amount the member would have likely received had the 
     member remained a full-time producer of quota tobacco and had 
     not been ordered to active duty.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees recognize that certain mobilized reservists, 
     who are full-time tobacco farmers and tobacco quota holders, 
     may have been precluded from qualifying under the Fair and 
     Equitable Tobacco Reform Act of 2004 for benefits as a result 
     of their active duty service. The conferees believe that 
     every effort should be made to fairly compensate reserve and 
     National Guard members whose military service adversely 
     affected their standing under the tobacco reform program. The 
     conferees urge the Secretary of Agriculture, in consultation 
     with the Secretary of Defense, to take appropriate action to 
     develop a means to assure equitable treatment of qualifying 
     members of the reserve and National Guard.

                   TITLE VII--HEALTH CARE PROVISIONS

                       Items of Special Interest

     Plan to expedite authorization for use of medical products in 
         an avian or pandemic influenza emergency
       The conferees note that the Project BioShield Act of 2004 
     (Public Law 108-276) provides a framework for authorizing the 
     emergency use of medical products that are not approved by 
     the Food and Drug Administration (FDA) or the Department of 
     Health and Human Services (HHS). The conferees further note 
     that avian and pandemic influenza are an emerging threat to 
     military personnel, dependents of military personnel on 
     military installations, and civilian personnel within the 
     Department of Defense. Currently, no FDA approved vaccine for 
     avian influenza is available.
       Consequently, the conferees direct the Secretary of 
     Defense, in coordination with the Secretary of Health and 
     Human Services, to submit to the Committees on Armed Services 
     of the Senate and the House of Representatives not later than 
     May 1, 2006, a plan to expedite authorization for use of 
     unapproved medical products in an avian or pandemic influenza 
     emergency with respect to military personnel, dependents of 
     military personnel on military installations, and civilian 
     personnel within the Department of Defense.
       The plan shall include the following: (1) identification of 
     each element of the Department of Defense that will be 
     responsible for carrying out the plan to expedite 
     authorization for emergency use of medical products; (2) a 
     statement of how and under what circumstances the Department 
     of Defense and the Military Vaccine Agency in particular 
     would collaborate with the Department of Health and Human 
     Services regarding the preparation of the documents to 
     support the filing of an Emergency Use Authorization for the 
     H5N1 influenza vaccine or vaccines for other strains of avian 
     or pandemic influenza; (3) a statement of how the Secretary 
     of Health and Human Services is evaluating the ``Criteria For 
     Issuance Authorization'' (detailed in Public Law 108-276 
     Sec. 564c; title 21 U.S.C. Sec. 360bbb-3c) in advance of a 
     declared pandemic influenza emergency; (4) a statement of how 
     and under what circumstances the Secretary of Health and 
     Human Services would plan to expedite approval of diagnostic 
     tools required for responding to a pandemic avian influenza 
     emergency; (5) a statement of how the Secretary of Health and 
     Human Services is monitoring and reviewing, the emergency use 
     authorization, emerging technologies that can rapidly 
     evaluate, analyze, identify, and treat novel and emerging 
     viruses; and (6) a statement of how and under what 
     circumstances the Department of Defense would execute the 
     authorities provided under the Project BioShield Act of 2004 
     (Public Law 108-276; title 21 U.S.C. Sec. 360bbb-3) to 
     expedite authorization for emergency use of medical products 
     to respond to an avian or pandemic influenza emergency.

                     Legislative Provisions Adopted

        Subtitle A--Improvements to Health Benefits for Reserves

     Enhancement of TRICARE Reserve Select Program (sec. 701)
       The House bill contained a provision (sec. 703) that would 
     authorize enhancements to the TRICARE Reserve Select Program 
     for members of the Selected Reserve who have served on 
     extended active duty since September 11, 2001, and who commit 
     to continued service in the Selected Reserve, as authorized 
     in section 701 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375). 
     The provision would:

[[Page H13092]]

       (1) allow an eligible member to accumulate earned coverage 
     under TRICARE Reserve Select, if recalled to active duty 
     before the period of health care coverage for which the 
     member is eligible terminates, and complete each period of 
     coverage consecutively;
       (2) allow a member of the Selected Reserve who is enrolled 
     in TRICARE Reserve Select and who is separated from service 
     involuntarily, to include involuntary retirement, to complete 
     a period of health care coverage under TRICARE Reserve Select 
     after separation from service;
       (3) authorize the Secretary of Defense to establish special 
     circumstances under which members of the Individual Ready 
     Reserve would qualify for enrollment in TRICARE Reserve 
     Select;
       (4) allow a member of the Individual Ready Reserve who is 
     unable to find a position in the Selected Reserve and who is 
     otherwise eligible for coverage under this section a period 
     of 1 year in which to find a position in the Selected 
     Reserve, during which the member's eligibility is retained, 
     but coverage would not begin until the member becomes a 
     member of the Selected Reserve;
       (5) authorize 6 months of extended health care coverage for 
     family members following the death of a reserve member; and
       (6) allow a member 120 days after release from active duty 
     to elect participation in TRICARE Reserve Select.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would allow 
     eligible members of the Selected Reserve to consecutively 
     complete earned periods of TRICARE coverage; allow a member 
     of the Individual Ready Reserve to retain eligibility for 
     coverage for 1 year while finding a position in the Selected 
     Reserve; authorize 6 months of extended health care coverage 
     for family members following the death of a reserve member; 
     and allow 90 days after release from active duty for an 
     eligible member of the Selected Reserve to elect 
     participation in TRICARE Reserve Select.
     Expanded eligibility of members of the Selected Reserve under 
         the TRICARE program (sec. 702)
       The Senate amendment contained a provision (sec. 705) that 
     would expand eligibility for nearly all members of the 
     Selected Reserve to enroll in TRICARE Standard while in a 
     non-active duty status, whether or not the member had served 
     on extended active duty in support of a contingency. The 
     member would pay a premium equal to 28 percent of the annual 
     premium established by the Secretary of Defense as the basis 
     for such coverage.
       The House bill contained no similar provision.
       The House recedes with an amendment that would authorize 
     TRICARE Standard coverage for all members of the Selected 
     Reserve, and their families, who commit to continued service 
     in the Selected Reserve. The amendment would also set the 
     level of government subsidy based on new categories of 
     eligibility.
       The amendment, combined with enhancements to TRICARE 
     Reserve Select authorized elsewhere in this Act, would 
     establish a multi-tier TRICARE benefit. The highest tier of 
     TRICARE coverage would be for reserves who have served on 
     extended periods of active duty in support of a contingency 
     operation since September 11, 2001, and who commit to 
     continued service in the Selected Reserve.
       The amendment would expand eligibility for government-
     subsidized TRICARE coverage by creating two additional tiers 
     of coverage. One new tier of coverage would authorize members 
     of the Selected Reserve who are not eligible for coverage 
     under TRICARE Reserve Select and who receive unemployment 
     compensation or who do not have access to employer-provided 
     insurance to obtain coverage under the Standard option of 
     TRICARE while in a non-active duty status. The member would 
     pay 50 percent of the annual premium established by the 
     Secretary for such coverage. The coverage would be available 
     as long as the member continues to serve in the Selected 
     Reserve, and would include all benefits of the TRICARE 
     Standard option, including access to military treatment 
     facilities on a space-available basis.
       The amendment would further authorize a third tier of 
     coverage for members of the Selected Reserve in a non-active 
     duty status who, though they have not served on extended 
     active duty in support of a contingency and have access to 
     employer-provided health care coverage, elect coverage under 
     TRICARE Standard. In this instance, the member would pay 85 
     percent of the annual premium established by the Secretary 
     and coverage would be available, as is true for all health 
     care options available to reserves, only as long as the 
     member continues as a drilling member of the Selected 
     Reserve.
       The amendment would require that the Secretary implement 
     the new benefits for members of the Selected Reserve not 
     later than October 1, 2006.
       The conferees view expanded benefits for members of the 
     Selected Reserve as an opportunity for members of the 
     Selected Reserve and their families, who commit to continued 
     service in the Selected Reserve, to have access to high 
     quality health care coverage under TRICARE while they are in 
     a non-active duty status. The amendment is not intended to 
     replace employer-provided health insurance, or for the member 
     to be made ineligible for or to be persuaded to opt out of 
     employer-provided health insurance based on membership in the 
     reserves.

                Subtitle B--TRICARE Program Improvements

     Additional information required by surveys on TRICARE 
         Standard (sec. 711)
       The House bill contained a provision (sec. 702) that would 
     expand the scope of the survey of the TRICARE Standard health 
     care program that is required by section 723 of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136).
       The Senate amendment contained a similar provision (sec. 
     715).
       The Senate recedes.
     Availability of chiropractic health care services (sec. 712)
       The House bill contained a provision (sec.704) that would 
     require the Secretary of Defense to conduct a study of the 
     costs and feasibility of providing chiropractic health care 
     services to the following categories of beneficiaries in the 
     military health care system: active duty and their 
     dependents, reserve component members and their dependents, 
     and retirees and their dependents. The provision would also 
     require the Secretary to develop a plan not later than March 
     31, 2006, to provide chiropractic health care services and 
     benefits as a permanent part of the Defense Health Program 
     (including TRICARE), and report to the congressional 
     defense committees not later than March 31, 2006, on the 
     study and plan.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Air Force to complete implementation of chiropractic services 
     for active duty members at 11 sites, which had not opened in 
     accordance with the Department of Defense Report on 
     Chiropractic Health Care Implementation Plan (August 2001). 
     The amendment would authorize the Secretary to identify 
     alternate sites if any of the 11 identified in the Department 
     of Defense report is no longer feasible.
       The conferees applaud the efforts of the Army and the Navy 
     to provide chiropractic services to active duty members in 
     accordance with the August 2001 plan, and encourage the Army 
     and Navy to complete implementation at all sites identified 
     in the August 2001 plan as well.
     Surviving-dependent eligibility under TRICARE dental plan for 
         surviving spouses who were on active duty at time of 
         death of military spouse (sec. 713)
       The House bill contained a provision (sec. 705) that would 
     expand eligibility for survivor benefits under the TRICARE 
     dental plan to include the active duty spouse of a member who 
     dies while on active duty for a period of more than 30 days.
       The Senate amendment contained a similar provision (sec. 
     703).
       The Senate recedes.
     Exceptional eligibility for TRICARE Prime Remote (sec. 714)
       The House bill contained a provision (sec. 706) that would 
     authorize the Secretary of Defense to waive the requirement 
     in section 1079(p) of title 10, United States Code, that a 
     dependent eligible for coverage under the TRICARE Prime 
     Remote program reside with the member, if the Secretary 
     determines that exceptional circumstances exist that warrant 
     such coverage.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Increased period of continued TRICARE Prime coverage of 
         children of members of the uniformed services who die 
         while serving on active duty for a period of more than 30 
         days (sec. 715)
       The Senate amendment contained a provision (sec. 704) that 
     would authorize any dependent child of a deceased service 
     member to continue to receive benefits under TRICARE Prime as 
     if the service member parent were still alive, and without 
     annual premiums, until the age of 21 or 23 if enrolled in an 
     educational program.
       The House bill contained no similar provision.
       The House recedes.
     TRICARE Standard in TRICARE regional offices (sec. 716)
       The Senate amendment contained a provision (sec. 711) that 
     would require the designation of a position in each TRICARE 
     regional office for the purpose of assisting beneficiaries 
     who use the Standard option under the TRICARE program.
       The House bill contained no similar provision.
       The House recedes with an amendment that would clarify that 
     the TRICARE regional offices would be responsible for the 
     monitoring, oversight, and improvement of the Standard 
     option. The amendment would require an annual report to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives on those activities, including actions taken 
     by the Department of Defense to address challenges that have 
     been identified by health care providers and beneficiaries 
     with respect to use of the TRICARE Standard option.
     Qualifications for individuals serving as TRICARE regional 
         directors (sec. 717)
       The Senate amendment contained a provision (sec. 718) that 
     would require that, effective on the date of enactment of 
     this Act, any individual serving in the position of TRICARE 
     Regional Director must be either

[[Page H13093]]

     a general or flag officer, or Department of Defense civilian 
     in the Senior Executive Service, and have at least 10 years 
     of health care experience.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require that 
     the qualifications apply to persons selected for such 
     positions as of the date of enactment of this Act, and 
     clarify that a non-Department of Defense civilian who 
     possesses the required experience may be selected to serve in 
     the position of TRICARE Regional Office Director.

              Subtitle C--Mental Health-Related Provisions

     Program for mental health awareness for dependents and pilot 
         project on Post-Traumatic Stress Disorder (sec. 721)
       The House bill contained a provision (sec. 718) that would 
     require the Secretary of Defense to develop a program to 
     increase awareness of the availability of mental health 
     services for dependents of members of the Armed Forces in 
     both the active and reserve components whose sponsor has 
     served or will serve in a combat theater of operations. The 
     provision would require the Secretary to evaluate whether the 
     effectiveness of the mental health awareness program would be 
     improved by providing materials in languages other than 
     English.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary to develop a pilot project on Post-Traumatic Stress 
     Disorder (PTSD). The pilot project would be designed to 
     evaluate Internet-based tools available to military and 
     civilian health care providers for early diagnosis and 
     treatment of PTSD, and Internet tools to assist family 
     members in the identification of the emergence of PTSD. The 
     amendment would require a report to the congressional defense 
     committees not later than June 1, 2006, on the pilot project.
     Pilot projects on early diagnosis and treatment of Post-
         Traumatic Stress Disorder and other mental health 
         conditions (sec. 722)
       The Senate amendment contained a provision (sec. 732) that 
     would require the Secretary of Defense to carry out three 
     pilot projects on early diagnosis and treatment of Post-
     Traumatic Stress Disorder and other mental health conditions.
       The House bill contained no similar provision.
       The House recedes with an amendment that would authorize 
     the Secretary to carry out two pilot projects under this 
     section, which are related to clinical diagnosis and 
     treatment of active and reserve members. Elsewhere in this 
     Act, the Department of Defense Task Force on Mental Health is 
     required to identify the projects in its report. A pilot 
     project to facilitate Internet-based diagnosis and treatment 
     of Post-Traumatic Stress Disorder and other mental health 
     conditions is required elsewhere in this act.
     Department of Defense task force on mental health (sec. 723)
       The Senate amendment contained a provision (sec. 733) that 
     would require the Secretary of Defense to establish a task 
     force to examine mental health issues in the Armed Forces. 
     The task force would consist of 14 members appointed by the 
     Secretary, and would be required to develop a long-term plan 
     to improve mental health services provided to members of the 
     Armed Forces.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require that 
     persons appointed to the task force have expertise in 
     national mental health policy and military personnel matters, 
     and that such members would include at least one family 
     member of a member of the Armed Forces who has experience 
     working with military families. The amendment would also 
     require the task force to identify pilot projects on early 
     diagnosis and treatment of Post-Traumatic Stress Disorder and 
     other mental health conditions authorized elsewhere in this 
     Act, as well as to evaluate the efficacy of programs to 
     ensure a seamless transition of care for members on active 
     duty from the Department to the Department of Veterans 
     Affairs. The amendment would require a report on the 
     efficiency of pre- and post- deployment mental health 
     screening, including mental health screenings for members of 
     the Armed Forces who have experienced multiple deployments. 
     The amendment would require the Secretary to develop a plan 
     based on the recommendations of the task force, and submit 
     the plan to the Committees on Armed Services of the Senate 
     and House of Representatives not later than 6 months after 
     receipt of the task force report.

                    Subtitle D--Studies and Reports

     Study relating to predeployment and postdeployment medical 
         exams of certain members of the Armed Forces (sec. 731)
       The House bill contained a provision (sec. 719) that would 
     require the Secretary of Defense to conduct a study of the 
     effectiveness of self-administered surveys included in 
     predeployment and postdepolyment medical exams of members of 
     the Armed Forces.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require 
     that the study on the effectiveness of the surveys include 
     the mental health portion of the self-administered surveys, 
     and would require the Secretary to submit a report on the 
     results of their study to the Committees on Armed Services of 
     the Senate and the House of Representatives no later than 120 
     days after the date of enactment of this Act.
     Requirements for physical examinations and medical and dental 
         readiness for members of the Selected Reserve not on 
         active duty (sec. 732)
       The Senate amendment contained a provision (sec. 531) that 
     would require a comprehensive physical examination on an 
     annual basis for members of the Selected Reserve.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require a 
     comprehensive medical readiness health and dental assessment 
     on an annual basis and physical examinations as the Secretary 
     of Defense deems appropriate, and would require an annual 
     report to the Secretary concerned of the medical and dental 
     readiness of the member to perform military duties.
     Report on delivery of health care benefits through military 
         health care system (sec. 733)
       The Senate amendment contained a provision (sec. 712) that 
     would require the Secretary of Defense to submit to the 
     congressional defense committees a report on the delivery of 
     health care benefits through the military health care system. 
     The report would include recommendations for legislative or 
     administration action, as the Secretary considers necessary, 
     to improve the efficiency and quality of the military health 
     care system.
       The House bill contained no similar amendment.
       The House recedes.
     Comptroller General studies and report on differential 
         payments to children's hospitals for health care for 
         children dependents and maximum allowable charge for 
         obstetrical care services under TRICARE (sec. 734)
       The Senate amendment contained a provision (sec. 713) that 
     would require the Comptroller General to conduct a study of 
     the effectiveness of the Department of Defense system of 
     differential payments to children's hospitals for health care 
     services for the dependent children of military members. The 
     Secretary of Defense would be required to report to the 
     congressional defense committees not later than November 1, 
     2006, on any legislative proposals recommended by the 
     Comptroller General and the costs associated with their 
     implementation.
       The House bill had no similar provision.
       The House recedes with an amendment that would require an 
     additional study by the Comptroller General of the 
     participation of civilian providers of obstetrical services 
     in the TRICARE program, and of the effectiveness of the 
     payment system under TRICARE for obstetrical care services.
     Report on the Department of Defense AHLTA global electronic 
         health record system (sec. 735)
       The Senate amendment contained a provision (sec. 719) that 
     would require the Secretary of Defense to submit a report to 
     Congress on the Department of Defense Composite Health Care 
     System II.
       The House bill contained no similar provision.
       The House recedes with an amendment that would remove the 
     requirement for the report to include a description of the 
     amounts obligated and required for the system, and to 
     incorporate the new name, AHLTA, of the Department of Defense 
     electronic health record system.
       The conferees applaud the Department for its development of 
     an electronic health record system for the military health 
     care system, and join in support of the Department's vision 
     for a continuously updated digital medical record that would 
     be completely transferable electronically to the Veterans' 
     Health Administration. The conferees believe it is critical 
     that the Department adhere to the schedule for full 
     implementation of the AHLTA system in 800 military health 
     clinics and 70 military hospitals throughout the world by 
     December 2006.
     Comptroller General study and report on Vaccine Healthcare 
         centers (sec. 736)
       The Senate amendment contained a provision (sec. 720) that 
     would require the Secretary of Defense to maintain a joint 
     military medical center of excellence focusing on the medical 
     needs arising from mandatory military vaccinations. The 
     centers would provide medical assistance to individuals 
     receiving mandatory military vaccinations and related 
     research and educational activities.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Comptroller General to conduct a study of the Vaccine 
     Healthcare Centers operated by the Department of Defense, and 
     to submit its findings and recommendations no later than May 
     30, 2006.
     Report on adverse health events associated with use of anti-
         malarial drugs (sec. 737)
       The Senate amendment contained a provision (sec. 731) that 
     would require the Secretary of Defense to conduct a study of 
     adverse health events that may be associated with the use of 
     anti-malarial drugs, including mefloquine.
       The House bill contained no similar provision.

[[Page H13094]]

       The House recedes with an amendment to require that the 
     study include a comparison of health and mental health 
     events, which may be associated with different anti-malarial 
     drugs. The conferees expect that in conducting the study the 
     Secretary will consult with epidemiological and clinical 
     researchers from other governmental organizations, as well as 
     with researchers outside of the Federal Government.
     Report on Reserve dental insurance program (sec. 738)
       The Senate amendment contained a provision (sec. 1508) that 
     would require the Secretary of Defense to study and report to 
     the congressional defense committees by February 1, 2007, on 
     the most effective mechanism or mechanisms for paying 
     premiums for the Reserve dental insurance program, and to 
     assess the effectiveness of mechanisms utilized to inform 
     members of the reserve components of the availability and 
     benefits of the program.
       The House bill contained no similar provision.
       The House recedes.
     Demonstration project study on Medicare Advantage regional 
         preferred provider organization option for TRICARE-
         medicare dual-eligible beneficiaries (sec. 739)
       The conferees agree to a provision that would require the 
     Secretary of Defense to conduct a study to evaluate the 
     application of the managed care methods under the new 
     Medicare Advantage program for TRICARE-medicare dual eligible 
     beneficiaries. The provision would require the Secretary to 
     develop a plan to carry out the project only if the Secretary 
     determines that the project is feasible, cost effective, and 
     in the best interests of TRICARE-medicare dual eligible 
     beneficiaries and of the Department of Defense.
     Pilot projects on pediatric early literacy among children of 
         members of the Armed Forces (sec. 740)
       The Senate amendment contained a provision (sec. 585) that 
     would authorize the Secretary of Defense to conduct pilot 
     projects at up to 20 military medical treatment facilities to 
     assess the feasibility of encouraging pediatric literacy 
     among children of members of the Armed Forces utilizing the 
     ``Reach Out and Read'' model of pediatric early literacy.
       The House bill contained no similar provision.
       The House recedes with an amendment that would provide a 
     general authority for such pilot projects.
       The conferees expect that in the implementation of the 
     pilot projects, the Secretary would consult with programs 
     such as the Reach Out and Read National Center for advice and 
     assistance in development of effective pediatric literacy 
     projects in a military health care setting.

                       Subtitle E--Other Matters

     Authority to relocate patient safety center; renaming 
         MedTeams program (sec. 741)
       The House bill contained a provision (sec. 711) that would 
     eliminate the requirement that the Department of Defense 
     Patient Safety Center be located within the Armed Forces 
     Institute of Pathology. The provision would also remove the 
     name of a trademarked product used in an ongoing medical 
     program.
       The Senate amendment contained a similar provision (sec. 
     717).
       The Senate recedes.
     Modification of health care quality information and 
         technology enhancement reporting requirement (sec. 742)
       The House bill contained a provision (sec. 712) that would 
     modify the annual health care quality reporting requirement 
     of the Department of Defense as required by section 723 of 
     the National Defense Authority Act for Fiscal Year 2000 
     (Public Law 106-65) to better align the report with current 
     standards in health care quality.
       The Senate amendment contained a similar provision (sec. 
     716).
       The Senate recedes with an amendment that would add a 
     reporting requirement on measures of timeliness and 
     accessibility of health care.
       The conferees are concerned that military medical leaders 
     at all levels must continue to emphasize accountability and 
     vigilance concerning the quality of military health care 
     services, including the prompt and just disposition of 
     adverse events. Emphasis on cost should never rise to a 
     higher level of priority than the quality of services 
     provided.
       The conferees are also concerned that the services provided 
     by civilian networks and other contracted civilian providers 
     be of equally high quality, and encourages the Department to 
     examine health care staffing standards such as those 
     promulgated by the Joint Commission on the Accreditation of 
     Healthcare Organizations to ensure continued high quality 
     standards by civilian providers of care.
     Correction to eligibility of certain reserve officers for 
         military health care pending active duty following 
         commissioning (sec. 743)
       The House bill contained a provision (sec. 713) that would 
     ensure that Reserve Officers' Training Corps (ROTC) graduates 
     have access to military health benefits while awaiting active 
     duty orders.
       The Senate amendment contained a similar provision (sec. 
     701).
       The Senate recedes.
     Prohibition on conversions of military medical and dental 
         positions to civilian medical positions until submission 
         of certification (sec. 744)
       The House bill contained a provision (sec. 714) that would 
     prohibit the secretary of a military department from 
     converting any military medical position to a civilian 
     medical position until the Secretary of Defense submits a 
     certification to the Committees on Armed Services of the 
     Senate and the House of Representatives that such conversions 
     will not affect health care quality or access. The provision 
     would also require the Comptroller General to conduct a study 
     on the effect of such conversions on the Defense Health 
     Program, and report those findings to Congress not later than 
     March 1, 2006.
       The Senate amendment contained a similar provision (sec. 
     572) that would prohibit the conversion of any medical or 
     dental military position to a civilian position until 90 days 
     after receipt by Congress of a certification by the Secretary 
     of Defense that such conversions did not increase civilian 
     health care costs; that the conversions were in support of 
     joint medical and dental readiness requirements of the 
     uniformed services; and that adequate numbers of civilian 
     providers were available to fill civilian positions based on 
     market surveys.
       The Senate recedes with an amendment that would require the 
     certification of both medical and dental military position 
     conversions, and would require that the Secretary of Defense 
     submit a report to Congress along with the required 
     certification on actions taken in response to the 
     recommendations of the Comptroller General study.
     Clarification of inclusion of dental care in medical 
         readiness tracking and health surveillance program (sec. 
         745)
       The House bill contained a provision (sec. 715) that would 
     clarify that dental readiness is included in the requirement 
     for medical tracking and surveillance activities authorized 
     in the Ronald W. Reagan National Defense Authorization Act 
     for Fiscal year 2005 (Public Law 108-375).
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Cooperative outreach to members and former members of the 
         naval service exposed to environmental factors related to 
         sarcoidosis (sec. 746)
       The House bill contained a provision (sec. 716) that would 
     require the Secretary of the Navy, in coordination with the 
     Secretary of Veterans Affairs, to conduct an outreach program 
     to contact members and former members of the naval service 
     who may have increased risk of sarcoidosis as a result of 
     having been exposed to particles resulting from the removal 
     of nonskid coating used on naval ships.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would clarify 
     that the Secretary of the Navy shall attempt to reach as many 
     members and former members of the naval service as possible 
     who may have had such exposure.
     Repeal of requirement for Comptroller General reviews of 
         certain Department of Defense--Department of Veterans 
         Affairs projects on sharing of health care resources 
         (sec. 747)
       The Senate amendment contained a provision (sec. 714) that 
     would repeal certain reporting requirements for the 
     Comptroller General on defense and veterans affairs health 
     resources sharing projects.
       The House bill contained no similar provision.
       The House recedes.
     Pandemic avian flu preparedness (sec. 748)
       The Senate amendment contained a provision (sec. 722) that 
     would require the Secretary of Defense to report to the 
     congressional defense committees on efforts within the 
     Department of Defense to prepare for pandemic influenza, 
     including avian flu.
       The House bill contained no similar provision.
       The House recedes with an amendment that would expand the 
     report requirements to include acceleration of medical 
     research and development activities.
     Follow up assistance for members of the Armed Forces after 
         preseparation physical examinations (sec. 749)
       The Senate amendment contained a provision (sec. 1603) that 
     would require the Secretary of Defense, in consultation with 
     the Secretary of Veterans Affairs, to assist a member of the 
     Armed Forces in obtaining necessary follow-up health care 
     services, which are required as a result of a preseparation 
     physical examination. The provision would also require the 
     Secretary to provide information on private sector sources of 
     care and assistance to enroll in the health care system of 
     the Department of Veterans Affairs.
       The House bill contained no similar provision.
       The House recedes with an amendment that would clarify that 
     the follow-up services would be obtained from the Department 
     of Veterans Affairs.
     Policy on role of military medical and behavioral science 
         personnel in interrogation of detainees (sec. 750)
       The Senate amendment contained a provision (sec. 1071) that 
     would require the Secretary of Defense to establish a policy 
     on the role of military medical and behavioral science 
     personnel in the interrogation of persons detained by the 
     Armed Forces.

[[Page H13095]]

       The House bill contained no similar provision.
       The House recedes.
       The conferees note that the Department of Defense has 
     published Department of Defense Directive 3115.09, ``DoD 
     Intelligence Interrogations, Detainee Debriefings and 
     Tactical Questioning'' (November 3, 2005), which provides 
     limited guidance on detainee medical issues and refers to 
     standards and procedures set forth by the Assistant Secretary 
     of Defense for Health Affairs (ASD(HA)). The conferees are 
     concerned that the policy on ``Medical Program Principles and 
     Procedures for the Protection and Treatment of Detainees in 
     the Custody of the Armed Forces of the United States,'' dated 
     June 3, 2005, which was issued by the ASD (HA), does not 
     fully address all medical issues, including the role of 
     medical and behavioral personnel in interrogation, and the 
     use and release of detainee medical information.
       The conferees expect that in the development of the policy 
     required by this section, the Secretary of Defense will 
     consult with and consider the views of national and 
     international medical and health care professional 
     organizations that are examining the professional ethics that 
     govern their members' work.
       The conferees expect that any policy promulgated by the 
     Secretary of Defense concerning the role of medical or 
     behavioral science personnel in interrogation-related matters 
     will reflect the same applicability to DoD civilians, DoD 
     contractors and non-DoD civilians as required by Department 
     of Defense Directive 3115.09.

                   Legislative Provisions Not Adopted

     Comptroller General report on expanded partnership between 
         the Department of Defense and the Department of Veterans 
         Affairs on the provision on health care services
       The Senate amendment contained a provision (sec. 723) that 
     would require the Comptroller General to provide a report to 
     the appropriate committees of Congress that would contain an 
     overview of the current health care systems of the Department 
     of Defense and the Department of Veterans Affairs; a 
     comparative analysis of the characteristics of each system; 
     and an assessment of the advantages and disadvantages of an 
     expanded partnership between the two Departments for the 
     purpose of providing health care services to military 
     retirees and their dependents.
       The House bill contained no similar provision.
       The Senate recedes.
     Early identification and treatment of mental health and 
         substance abuse disorders
       The House bill contained a provision (sec. 717) that would 
     authorize the Secretary of Defense to carry out activities to 
     foster the early identification and treatment of mental 
     health and substance abuse problems experienced by members of 
     the Armed Forces, with emphasis on those who have served in a 
     theater of combat operations in the preceding 12 months. The 
     activities would focus on changing attitudes within the Armed 
     Forces regarding mental health and substance abuse treatment, 
     and would include informational messages directed to military 
     members, their family members, commanders, and supervisory 
     personnel.
       The Senate amendment contained no similar provision.
       The House recedes.
       The Department of Defense Task Force on Mental Health 
     authorized elsewhere in this Act is directed to assess the 
     adequacy of early identification and treatment of mental 
     health and substance abuse problems through the use of 
     internal mass media communication, as well as to assess other 
     tools intended to change attitudes within the Armed Forces 
     regarding mental health and substance abuse treatment.
     Limitation on deductible and copayment requirements for 
         nursing home residents under the pharmacy benefits 
         program
       The Senate amendment contained a provision (sec. 702) that 
     would limit the out-of-pocket pharmacy expenses for a 
     beneficiary who is a resident of a nursing home and who is 
     required, by state law, to use nursing home pharmacy services 
     that are not part of the pharmacy network under TRICARE.
       The House bill contained no similar provision.
       The Senate recedes.
     Mental health screening of members of the Armed Forces for 
         Post-Traumatic Stress Disorder and other mental health 
         conditions
       The Senate amendment contained a provision (sec. 574) that 
     would require the Secretary of Defense to perform mental 
     health screenings on each member of the Armed Forces who is 
     deployed in a combat operation or to a combat zone. Such 
     screenings would occur prior to deployment, and at 30 and 120 
     days after the date of the member's return from the 
     deployment.
       The House bill contained no similar provision.
       The Senate recedes.
       A requirement to assess the efficacy of pre- and post- 
     deployment mental health screening is included in the 
     Department of Defense Task Force on Mental Health authorized 
     elsewhere in this Act.
     Services of mental health counselors
       The House bill contained a provision (sec. 701) that would 
     allow mental health counselors to be reimbursed for services 
     provided to TRICARE beneficiaries without prior physician 
     referral or supervision. The provision would also permit 
     mental health counselors to enter into personal service 
     contracts with the Department of Defense and require that 
     such counselors meet the licensure or certification 
     requirements for ``health care professional'' established by 
     section 1094 of title 10, United States Code.
       The Senate amendment contained a provision (sec. 721) that 
     would authorize mental health counselors who are licensed by 
     a State to provide services without physician referral or 
     supervision in ``medically underserved areas'' pursuant to 
     section 332 of the Public Health Service Act (42 U.S.C. 
     254e). The amendment would authorize personal services 
     contracts, and also require the Secretary of Defense to 
     establish rules concerning credentialing or certification of 
     participating mental health counselors and payment rates.
       The conference report does not include either provision.
       The conferees recognize the valuable services that mental 
     health counselors provide for valid mental health disorders 
     under the TRICARE program. The Department of Defense 
     estimates that, on an annual basis, 28,000 TRICARE 
     beneficiaries have an average of seven visits to mental 
     health counselors, in accordance with existing requirements 
     for physician referral and supervision. The conferees 
     encourage the Department to promote even greater utilization 
     of licensed mental health counselors, where appropriate, as 
     part of an integrated health care team, and to examine ways 
     to make as efficient as possible the method of communication 
     among primary care and mental health care providers involved 
     in the treatment of valid mental health disorders in the 
     TRICARE program.
       The conferees direct the Department report to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives within 120 days of the date of enactment of 
     this Act on actions taken to improve the efficiency and 
     effectiveness of procedures facilitate physician referral and 
     supervision of licensed mental health counselors. The report 
     shall include a description of ``best practices'' employed 
     throughout the military health system to ensure access to 
     services provided by mental health counselors under the 
     TRICARE program. The conferees encourage the Department to 
     monitor closely the progress within the mental health 
     community toward achievement of a national standard for 
     graduate education accreditation and national professional 
     accreditation, to include uniform professional credentials 
     for licensed mental health counselors. The report should also 
     review the quality of care being provided under the program.
     Study and report on civilian and military partnership project
       The Senate amendment contained a provision (sec. 724) that 
     would require the Secretary of Defense to conduct a study on 
     the feasibility of conducting a military and civilian 
     partnership project in which Department of Defense and 
     civilian health care providers would provide services to 
     military personnel and civilians at a military medical 
     facility.
       The House bill contains no similar provision.
       The Senate recedes.

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

                     Legislative Provisions Adopted

 Subtitle A--Provisions Relating to Major Defense Acquisition Programs

     Requirement for certification before major defense 
         acquisition program may proceed to Milestone B (sec. 801)
       The House bill contained a provision (sec. 801) that would 
     require the Secretary of Defense to certify that a major 
     defense acquisition program meets certain criteria (including 
     technological maturity requirements) before it receives 
     Milestone B approval, or key Decision Point B approval in the 
     case of a space program. The Secretary could waive the 
     certification requirement for national security reasons.
       The Senate amendment contained two similar provisions 
     (sections 809 and 858). Section 809 would require the 
     Department of Defense to complete an analysis of alternatives 
     before commencing a major defense acquisition program. 
     Section 858 would extend an existing requirement for annual 
     reports on major defense acquisition programs that fail to 
     meet technological maturity requirements.
       The Senate recedes with an amendment that would: (1) 
     incorporate the requirement for an analysis of alternatives 
     into the House provision; (2) require certification or waiver 
     by the milestone decision authority, rather than the 
     Secretary; and (3) authorize waiver of the certification 
     requirement only if, absent the waiver, the Department of 
     Defense would be unable to meet critical national security 
     objectives.
     Requirements applicable to major defense acquisition programs 
         exceeding baseline costs (sec. 802)
       The House bill contained two provisions (secs. 802 and 803) 
     that would modify the oversight requirements for major 
     defense acquisition programs (MDAPs) in sections 2433 and 
     2435 of title 10, United States Code. Section 802 would 
     require that the Secretary of Defense conduct an analysis of 
     alternatives for any MDAP for which the program acquisition 
     unit cost or the procurement unit cost

[[Page H13096]]

     rises by 15 percent over the baseline estimate. Section 803 
     would restrict the circumstances in which the Secretary may 
     modify a baseline estimate.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would: (1) amend 
     section 2435 to add a new term--``original Baseline 
     Estimate''--and to restrict the circumstances in which an 
     original baseline estimate may be modified; (2) add two new 
     terms--``significant cost growth'' and ``critical cost 
     growth''--to section 2433; (3) define significant cost growth 
     and critical cost growth by reference to both the current 
     baseline estimate for an MDAP and the original baseline 
     estimate for the program; and (4) require additional analysis 
     and explanation (but not a formal analysis of alternatives) 
     for any MDAP that experiences critical cost growth.
       Taken together, these changes would tighten requirements 
     for flagging programs that are experiencing problematic cost 
     growth and ensure more rigorous review and analysis of these 
     programs. The conferees believe that the added discipline 
     imposed by these provisions should encourage the Department 
     of Defense both to establish more realistic and achievable 
     cost and performance estimates at the outset of MDAPs and to 
     more aggressively manage MDAPs to avoid undesirable cost 
     growth on these programs.
     Requirements for determination by Secretary of Defense and 
         notification to Congress before procurement of major 
         weapon systems as commercial items (sec. 803)
       The Senate amendment contained a provision (sec. 804) that 
     would prohibit the purchase of a major weapon system as a 
     commercial item unless such purchase is specifically 
     authorized by Congress.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary of Defense, prior to any major weapon system being 
     purchased under procedures established for the procurement of 
     commercial items, to: (1) determine that a weapon system 
     meets the definition of a commercial item; (2) determine that 
     it is necessary to meet national security objectives to 
     purchase such weapon system as a commercial item; and (3) 
     notify congressional defense committees at least 30 days 
     prior to the purchase or the treatment of the major weapon 
     system as a commercial item.
     Reports on significant increases in program acquisition unit 
         costs or procurement unit costs of major defense 
         acquisition programs (sec. 804)
       The Senate amendment contained a provision (sec. 807) that 
     would require the Secretary of Defense to report to the 
     congressional defense committees on the acquisition status 
     of major defense acquisition programs whose costs have 
     exceeded by more than 50 percent the original baseline 
     projection of such costs.
       The House bill contained no similar provision.
       The House recedes with an amendment that would extend the 
     time for the report.
     Report on use of lead system integrators in the acquisition 
         of major systems (sec. 805)
       The Senate amendment contained a provision (sec. 809A) that 
     would require the Secretary of Defense to report to the 
     congressional defense committees on actions taken or to be 
     taken by the Department of Defense regarding the use of lead 
     system integrators for the acquisition of major systems.
       The House bill contained no similar provision.
       The House recedes with an amendment that would extend the 
     time for the report, and would also make technical changes.
     Congressional notification of cancellation of major automated 
         information systems (sec. 806)
       The Senate amendment contained a provision (sec. 809D) that 
     would require the Secretary of Defense to report to the 
     congressional defense committees no less than 60 days before 
     any proposed change to the acquisition strategy of any major 
     automated information system, as defined by Department of 
     Defense regulations.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.

             Subtitle B--Acquisition Policy and Management

     Internal controls for procurements on behalf of the 
         Department of Defense (sec. 811)
       The Senate amendment contained a provision (sec. 801) that 
     would require the Department of Defense Inspector General, in 
     consultation with the Inspectors General of nondefense 
     agencies, to determine whether the policies, procedures, and 
     internal controls of non-defense agencies for purchases on 
     behalf of the Department of Defense are adequate to ensure 
     compliance with defense procurement requirements of law and 
     regulation.
       The House bill contained no similar provision.
       The House recedes with an amendment that would clarify the 
     language of the provision and limit the joint reviews to the 
     Department of Interior, the Department of Treasury, and the 
     National Aeronautics and Space Administration.
     Management structure for the procurement of contract services 
         (sec. 812)
       The Senate amendment contained a provision (sec. 802) that 
     would require the secretary of each military department to 
     establish a Contract Support Acquisition Center to act as the 
     executive agent for the acquisition of contract services for 
     that military department. The Secretary of Defense would be 
     required to establish an additional acquisition center within 
     the Defense Logistics Agency to act as the executive agent 
     for the acquisition of contract services by the defense 
     agencies.
       The House bill contained no similar provision.
       The House recedes with an amendment that would rewrite 
     section 2330 of title 10, United States Code, to strengthen 
     the requirement for the Secretary to implement a management 
     structure for the procurement of contract services for the 
     Department of Defense.
       Section 2330, as amended, would establish a senior official 
     responsible for the management of the acquisition of contract 
     services for each of the military departments and for the 
     defense agencies and components outside the military 
     departments. Under the amended section 2330, the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics would be responsible for developing and maintaining 
     policies, procedures, and best practices guidelines for the 
     acquisition of contract services, while the senior officials 
     responsible for the acquisition of contract services would be 
     responsible for the implementation of those policies, 
     procedures, and guidelines by the military departments and 
     defense agencies. Each senior official would be required to 
     assign responsibility for the review and approval of 
     procurements to specific individuals in the Department, 
     subject to the direction, supervision, and oversight of the 
     senior official. This provision would give the Department 
     flexibility as to the number, qualifications, and location of 
     officers and employees authorized to make day-to-day 
     decisions regarding the acquisition of contract services 
     while ensuring that, in making such decisions, these officers 
     and employees are subject to the direction, supervision, and 
     control of an acquisition chain of command.
       The conference amendment would provide for phased 
     implementation of the amended section 2330 to ensure that the 
     Department has the time needed to fully implement the new 
     requirements.
     Report on service surcharges for purchases made for military 
         departments through other Department of Defense agencies 
         (sec. 813)
       The Senate amendment contained a provision (sec. 805) that 
     would require the Department of Defense to review and report 
     on service charges imposed on one component of the Department 
     for purchases made through another component of the 
     Department.
       The House bill contained no similar provision.
       The House recedes with an amendment that would modify the 
     timing of the reporting requirement.
     Review of defense acquisition structures and capabilities 
         (sec. 814)
       The Senate amendment contained a provision (sec. 806) that 
     would require the Defense Acquisition University, acting 
     under the direction of the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics, to review and report 
     on the capabilities and shortfalls of the acquisition 
     organizations of the military departments and defense 
     agencies.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment that would 
     address the scope of the study.
     Modification of requirements applicable to contracts 
         authorized by law for certain military materiel (sec. 
         815)
       The Senate amendment contained a provision (sec. 808) that 
     would modify section 2401 of title 10, United States Code, 
     with respect to requirements for authorization by law of 
     certain contracts for leasing military equipment.
       The House bill contained no similar provision.
       The House recedes.
     Guidance on use of tiered evaluations of offers for contracts 
         and task orders under contracts (sec. 816)
       The Senate amendment contained a provision (sec. 809C) that 
     would require the Secretary of Defense to prescribe guidance 
     on the use of tiered evaluations of offers for contracts and 
     for task orders under contracts.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Joint policy on contingency contracting (sec. 817)
       The House bill contained a provision (sec. 813) that would 
     require the establishment of a contingency contracting corps.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary of Defense, in consultation with the Chairman of 
     the Joint Chiefs of Staff, to develop a joint policy for 
     contingency contracting during combat operations and post-
     conflict operations.
     Acquisition strategy for commercial satellite communication 
         services (sec. 818)
       The Senate amendment contained a provision (sec. 809B) that 
     would require the Secretary of Defense to submit a report to 
     the

[[Page H13097]]

     congressional defense committees, not later than 6 months 
     after the date of the enactment of this act, on the proposed 
     strategy of the Department of Defense for acquiring 
     commercial satellite communications services.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment that would 
     further define the spend analysis as required under the 
     Senate provision.
     Authorization of evaluation factor for defense contractors 
         employing or subcontracting with members of the selected 
         reserve of the reserve components of the Armed Forces 
         (sec. 819)
       The House bill contained a provision (sec. 820A) that would 
     require the Department of Defense for all contracts for the 
     procurement of goods and services to establish a source 
     selection evaluation factor which favors entities that employ 
     members of the Selected Reserve of the reserve components of 
     the Armed Forces.
       The House Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would provide 
     discretionary authority to the Secretary of Defense to use an 
     evaluation factor related to the employment of members of the 
     Selected Reserve.

Subtitle C--Amendments to General Contracting Authorities, Procedures, 
                            and Limitations

     Participation by Department of Defense in acquisition 
         workforce training fund (sec. 821)
       The House bill contained a provision (sec. 822) that would 
     enable the Department of Defense to contribute to, and 
     benefit from, the acquisition workforce training fund.
       The Senate amendment contained a similar provision (sec. 
     831).
       The Senate recedes with an amendment that would ensure that 
     the Federal Acquisition Institute and the Defense Acquisition 
     University have appropriate flexibility in the use of the 
     acquisition workforce training fund.
     Increase in cost accounting standard threshold (sec. 822)
       The House bill contained a provision (sec. 823) that would 
     amend section 26(f)(2)(A) of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 403 et seq.) to increase 
     the cost accounting standard threshold to $550,000, which 
     would correspond with the current Truth in Negotiations Act 
     (Public Law 87-653) threshold.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Modification of authority to carry out certain prototype 
         projects (sec. 823)
       The Senate amendment contained a provision (sec. 844) that 
     would prohibit the use of the authority of section 845 of the 
     National Defense Authorization Act for Fiscal Year 1994 
     (Public Law 103-160) for any prototype project that is 
     expected to cost in excess of $100.0 million.
       The House bill contained no similar provision.
       The House recedes with an amendment that would allow the 
     use of section 845 for a prototype project in excess of $20.0 
     million but less than $100.0 million only if the senior 
     procurement executive for the agency determines that the use 
     of the authority is essential to promoting the success of the 
     prototype project, and in excess of $100.0 million only if 
     the Under Secretary of Defense determines that the use of the 
     authority is essential to meet critical national security 
     objectives and notifies the congressional defense committees 
     of the determination at least 30 days before the authority is 
     exercised.
     Increased limit applicable to assistance provided under 
         certain Procurement Technical Assistance Programs (sec. 
         824)
       The Senate amendment contained a provision (sec. 847) that 
     would increase from $150,000 to $300,000 the maximum grant 
     for a statewide program under the Procurement Technical 
     Assistance Program authorized by section 2414 of title 10, 
     United States Code.
       The House bill contained no similar provision.
       The House recedes.

      Subtitle D--United States Defense Industrial Base Provisions

     Clarification of exception from Buy American requirements for 
         procurement of perishable food for establishments outside 
         the United States (sec. 831)
       The Senate amendment contained a provision (sec. 811) that 
     would clarify that the exception from the requirements of 
     section 2533a, title 10, United States Code, for procurement 
     of perishable food for establishments outside the United 
     States applies to procurements for an overseas defense 
     facility, even if the procurements are not conducted by such 
     a facility.
       The House bill contained no similar provision.
       The House recedes.
     Training for defense acquisition workforce on the 
         requirements of the Berry Amendment (sec. 832)
       The Senate amendment contained a provision (sec. 834) that 
     would require the training of appropriate members of the 
     defense acquisition workforce in the requirements of the 
     Berry Amendment (10 U.S.C. 2533a).
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Amendments to domestic source requirements relating to 
         clothing materials and components covered (sec. 833)
       The House bill contained a provision (sec. 824) that would 
     amend section 2533a of title 10, United States Code (known as 
     the ``Berry amendment'') to: (1) require the Secretary of 
     Defense to notify the public when the Secretary exercises a 
     waiver; and (2) clarify that the term ``clothing'' also 
     includes ``materials and components thereof, other than 
     sensors, electronics, or other items added to, and not 
     normally associated with, clothing''.
       The Senate amendment contained no similar provision.
       The Senate recedes.
       The conferees note that section 2533a (b)(1)(B) of title 
     10, United States Code, as modified by this section, does not 
     cover small arm protective inserts (``SAPI plates'') for body 
     armor because these inserts are ``added to, and not normally 
     associated with, clothing''.

                       Subtitle E--Other Matters

     Review and report on Department of Defense efforts to 
         identify contract fraud, waste, and abuse (sec. 841)
       The Senate amendment contained a provision (sec. 823) that 
     would establish a risk assessment team to assess the 
     vulnerability of Department of Defense contracts to fraud, 
     waste, and abuse and require the Secretary of Defense to 
     develop an action plan to address areas of vulnerability 
     identified by the risk assessment team.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Government Accountability Office to review ongoing efforts by 
     the Department to identify and assess the areas of 
     vulnerability to contract fraud, waste, and abuse.
     Extension of contract goal for small disadvantaged businesses 
         and certain institutions of higher education (sec. 842)
       The Senate amendment contained a provision (sec. 841) that 
     would extend section 2323 of title 10, United States Code, 
     for 3 years. Section 2323 establishes a 5 percent goal for 
     Department of Defense contracting with small disadvantaged 
     businesses and certain institutions of higher education.
       The House bill contained no similar provision.
       The House recedes.
     Extension of deadline for report of advisory panel on laws 
         and regulations on acquisition practices (sec. 843)
       The Senate amendment contained a provision (sec. 848) that 
     would extend for an additional year the deadline for a final 
     report by the acquisition panel established in section 
     1423(d) of the Services Acquisition Reform Act of 2003 (title 
     XIV of the National Defense Authorization Act for Fiscal Year 
     2004; Public Law 108-136). The Senate provision would also 
     require an interim report by the panel.
       The House bill contained no similar provision.
       The House recedes with an amendment that would extend by 6 
     months the deadline for a final report by the acquisition 
     panel.
     Exclusion of certain security expenses from consideration for 
         purpose of small business size standards (sec. 844)
       The Senate amendment contained a provision (sec. 849) that 
     would require the Administrator of the Small Business 
     Administration to review the application of size standards 
     for small businesses performing contracts in Iraq, 
     Afghanistan, and other combat zones and determine whether 
     such standards should be adjusted to reflect additional 
     security requirements.
       The House bill contained no similar provision.
       The House recedes.
     Disaster relief for small business concerns damaged by 
         drought (sec. 845)
       The Senate amendment contained a provision (sec. 852) that 
     would clarify the authority of the Small Business 
     Administration (SBA) to provide emergency assistance, through 
     disaster loans, to non-farm-related small businesses that 
     have suffered substantial economic harm from drought. 
     Currently, in cases of drought, the SBA takes the position 
     that it is only authorized to provide disaster loans to 
     businesses whose revenue is tied to farming and agriculture.
       The House bill contained no similar provision.
       The House recedes.
     Extension of limited acquisition authority for the Commander 
         of the United States Joint Forces Command (sec. 846)
       The Senate amendment contained a provision (sec. 856) that 
     would extend for 2 years limited acquisition authority of the 
     Commander, U.S. Joint Forces Command, to acquire systems and 
     to modify this authority for systems with operation and 
     maintenance expenditures under $2.0 million.
       The House bill contained no similar provision.
       The House recedes with an amendment that would provide for 
     a 2-year extension of authority.
     Civilian Board of Contract Appeals (sec. 847)
       The House bill contained a title (title XIV) that would 
     establish civilian and defense boards of contract appeals and 
     transfer personnel and functions to these boards from the 
     existing boards of contract appeals.

[[Page H13098]]

       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would consolidate 
     the existing boards of contract appeals for civilian agencies 
     into a new Civilian Board of Contract Appeals. The provision 
     would give the civilian board jurisdiction over contract 
     appeals from non-defense agencies and ensure that the board 
     could, with the concurrence of the heads of affected 
     agencies, assume responsibility for any other functions 
     previously performed by the boards of contract appeals for 
     civilian agencies.
       The conference agreement would make no change to the Armed 
     Services Board of Contract Appeals (ASBCA), because the ASBCA 
     already has consolidated jurisdiction for contract appeals 
     from the Department of Defense, the Department of the Army, 
     the Department of the Navy, the Department of the Air Force, 
     and the National Aeronautics and Space Administration.
     Statement of policy and report relating to contracting with 
         employers of persons with disabilities (sec. 848)
       The House bill contained a provision (sec. 815) that would 
     extend for 1 year the requirements of section 853 of the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375) regarding contracting 
     with the blind and severely disabled. The House provision 
     would also require the Secretary of Defense and the Secretary 
     of Education to develop and jointly issue a statement of 
     policy regarding the implementation of the relevant statutory 
     requirements and to report the results to Congress.
       The Senate amendment contained a similar provision (sec. 
     845) that would extend the requirements of section 853 for 1 
     year.
       The Senate recedes with an amendment that would require 
     that the policy and report be developed and issued jointly by 
     the Secretary of Defense, the Secretary of Education, and the 
     Committee for Purchase, which is responsible for 
     administering programs for the blind and severely disabled 
     under the Javitz-Wagner-O'Day Act (41 U.S.C. 46 et seq.).
     Study on Department of Defense contracting with small 
         business concerns owned and controlled by service-
         disabled veterans (sec. 849)
       The House bill contained a provision (sec. 816) that would 
     require the Department of Defense to conduct a study on 
     contracting with small businesses owned by service-disabled 
     veterans.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment on the scope 
     of the study.

                   Legislative Provisions Not Adopted

     Applicability of statutory executive compensation cap made 
         prospective
       The House bill contained a provision (sec. 811) that would 
     address the applicability of the executive compensation cap 
     in section 808 of the National Defense Authorization Act for 
     Fiscal Year 1998 (Public Law 105-85).
       The Senate amendment contained no similar provision.
       The House recedes.
     Buy America requirement for procurements of goods containing 
         components
       The House bill contained a provision (sec. 818) that would 
     preclude the Secretary of Defense from prospectively waiving 
     the Buy American Act (41 U.S.C. 10 et seq.) based on a 
     reciprocal defense procurement Memorandum of Understanding 
     with a foreign country.
       The Senate amendment contained no similar provision.
       The House recedes.
     Clarification of rapid acquisition authority to respond to 
         combat emergencies
       The Senate amendment contained a provision (sec. 843) that 
     would amend section 806 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314) 
     to give the Department of Defense greater flexibility to 
     address combat emergencies.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the Senate provision adding a new 
     category of statutes and regulations that are waivable to 
     prevent combat fatalities was not necessary, because the 
     Department may already waive any provision of law, policy, 
     directive, or regulation addressing the solicitation and 
     selection of sources pursuant to the authority in section 811 
     of the Ronald W. Reagan National Defense Authorization Act 
     for Fiscal Year 2005 (Public Law 108-375) for the procurement 
     of equipment urgently needed to eliminate a combat deficiency 
     that has resulted in combat fatalities.
     Conditional waiver of domestic source or content requirements 
         for certain countries with reciprocal procurement 
         agreements with the United States
       The Senate amendment contained a provision (sec. 812) that 
     would authorize the Secretary of Defense to annually 
     determine whether a foreign country with a reciprocal defense 
     procurement Memorandum of Understanding or agreement with the 
     United States has qualitatively or quantitatively increased 
     defense exports to China. If it is determined that no 
     qualitative or quantitative increase has occurred in the 
     previous year, the Secretary may on an annual basis waive the 
     application of statutory domestic source requirements and 
     domestic content requirements, provided that: (1) the 
     application of the requirements would impede the reciprocal 
     procurement of defense items under a Memorandum of 
     Understanding between the United States and another country; 
     and (2) the other country does not discriminate against items 
     produced in the United States to a greater degree than the 
     United States discriminates against items produced in that 
     country
       The House bill contained no similar provision.
       The Senate recedes.
     Consistency with United States obligations under trade 
         agreements
       The Senate amendment contained a provision (sec. 813) that 
     would require that no provision of this Act, or any amendment 
     made by this Act, shall apply if the Secretary of Defense, in 
     consultation with the Secretary of Commerce, the U.S. Trade 
     Representative, and the Secretary of State, determines that 
     the application of the provision would be inconsistent with 
     international trade agreements of the United States.
       The House bill contained no similar provision.
       The Senate recedes.
     Contracting incentive for small power plants on former 
         military bases
       The Senate amendment contained a provision (sec. 857) that 
     would extend the authorized period for contract for certain 
     public utility services from 10 years to 20 years, provided 
     that such services are procured from a small power plant 
     located on a qualified HUBZone base closure area.
       The House bill contained no similar provision.
       The Senate recedes.
     Contractors on the battlefield
       The House bill contained a title (title XVI) that would 
     establish certain requirements for contractors on the 
     battlefield, including contractors accompanying the force and 
     contractors not accompanying the force.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees note that subsequent to action on the House 
     bill, the Secretary of Defense issued regulations addressing 
     the issue of contractors on the battlefield. However, the 
     regulations issued by the Secretary apply only to contractors 
     accompanying the force.
       The conferees believe that it is important for the 
     Department of Defense to address issues raised by the 
     presence on the battlefield of contractors not accompanying 
     the force. This term includes contractors and subcontractors 
     at any tier under a contract with any federal government 
     agency, if the work to be performed is related to private 
     security, reconstruction, humanitarian assistance, 
     peacekeeping, or other activities in an area of 
     responsibility of a commander of a combatant command in which 
     there are ongoing combat operations or there is a significant 
     risk that contractor employees could come under hostile fire.
       Accordingly, the conferees direct the Secretary to revise 
     all relevant policy, guidance, and instructions issued 
     pursuant to section 1205 of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (Public Law 
     108-375) to address security issues raised by contractors not 
     accompanying the force. The revised guidance should, at a 
     minimum, address the following issues: (1) measures to ensure 
     that security issues raised by contractors not accompanying 
     the force are addressed in integrated planning by the 
     combatant commanders; (2) measures to ensure visibility and 
     accountability of employees of contractors not accompanying 
     the force (including accounting for U.S. nationals, local 
     nationals, and third-party nationals); (3) measures to ensure 
     the communication of relevant threat information to 
     contractors not accompanying the force; (4) measures 
     addressing force protection and weapons issuance issues for 
     contractors not accompanying the force (including accounting 
     for the number and qualifications of all personnel carrying 
     weapons); and (5) measures to ensure that the data gathered 
     in the implementation of this guidance is kept and maintained 
     in a central location for a reasonable period of time.
     Domestic source restriction for lithium ion cells and 
         batteries
       The House bill contained a provision (sec. 819) that would 
     add lithium ion cells and batteries to the list of items 
     subject to domestic source requirements under section 2534 of 
     title 10, United States Code.
       The Senate amendment contained no similar provision.
       The House recedes.
     Ensuring transparency in federal contracting
       The Senate amendment contained a provision (sec. 854) that 
     would require publication of information on federal 
     contractor penalties and violations and a report listing all 
     federal sole source contracts related to Iraq reconstruction.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that in November 2003, the Government 
     Accountability Office (GAO) provided the congressional 
     defense committees a status briefing on the extent of 
     competition for Iraq reconstruction contracts. GAO 
     subsequently issued a June 1, 2004, report entitled 
     ``Rebuilding Iraq: Fiscal Year 2003 Contract Award Procedures 
     and Management Challenges''. The conferees direct GAO to 
     update this work, not later than 270 days

[[Page H13099]]

     after the date of enactment of this Act, to address 
     subsequent awards of contracts and task orders for Iraq 
     reconstruction.
     Fair access to multiple-award contracts
       The Senate amendment contained a provision (sec. 851) that 
     would address the issue of small business participation in 
     task orders and delivery orders awarded under government-wide 
     acquisition contracts and other multiple award contracts.
       The House bill contained no similar provision.
       The Senate recedes.
     Increased flexibility for designation of critical acquisition 
         positions in defense acquisition workforce
       The House bill contained a provision (sec. 821) that would 
     address the designation of critical acquisition positions 
     under the Defense Acquisition Workforce Improvement Act (10 
     U.S.C. 1731 et seq.).
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees note that this issue was addressed in section 
     812 of the Ronald W. Reagan National Defense Authorization 
     Act for Fiscal Year 2005 (Public Law 108-375).
     Limitation and reinvestment authority relating to reduction 
         of the defense acquisition and support workforce
       The Senate amendment contained a provision (sec. 832) that 
     would require a 15 percent increase in the defense 
     acquisition and support workforce during fiscal years 2006 
     through 2008.
       The House bill contained no similar provision.
       The Senate recedes.
     Modification and extension of pilot program on share-in-
         savings contracts
       The Senate amendment contained a provision (sec. 809I) that 
     would extend and modify the authority to conduct share-in-
     savings contracts at the Department of Defense.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the Department has never used its 
     authority to implement share-in-savings contracts for 
     information technology solutions. The conferees direct the 
     Secretary of Defense to submit a report to the Committees on 
     Armed Services of the Senate and the House of Representatives 
     regarding the utility of share-in-savings contracts and any 
     steps that may be necessary and appropriate to make share-in-
     savings contracting a viable, effective, and desirable 
     contacting method for use by the Department. The report shall 
     be submitted by October 1, 2006.
     Pilot program to expand public-private partnerships for 
         research and development
       The Senate amendment contained a provision (sec. 846) that 
     would establish a 3-year pilot program giving specified 
     Department of Defense organizations the ability to enter into 
     public-private partnerships for research and development 
     activities.
       The House bill contained no similar provision.
       The Senate recedes.
     Prohibition on defense contractors requiring licenses or fees 
         for use of military likenesses and designations
       The House bill contained a provision (sec. 820) that would 
     prohibit defense contractors from requiring licenses or fees 
     for the use of military likenesses and designations.
       The Senate amendment contained no similar provision.
       The House recedes.
     Prohibition on procurement from beneficiaries of foreign 
         subsidies
       The House bill contained a provision (sec. 817) that would 
     prohibit the Secretary of Defense from entering into a 
     contract with a foreign person (including a joint venture, 
     cooperative organization, partnership, or contracting team 
     with that foreign person), which has received a subsidy from 
     the government of a foreign country that is a member of the 
     World Trade Organization, if the United States has requested 
     a consultation with that foreign country on the basis that 
     the subsidy is prohibited under the Agreement on Subsidies 
     and Countervailing Measures.
       The Senate amendment contained no similar provision.
       The House recedes.
     Radio Frequency Identifier Technology
       The Senate amendment contained a provision (sec. 853) that 
     would require the Secretary of Defense to develop and 
     implement a strategy to educate the small business community 
     regarding radio frequency identifier technology requirements, 
     compliance, standards, and opportunities. The provision would 
     also require the Secretary to report to the congressional 
     defense committees on the status of efforts to establish 
     requirements for radio frequency identifier technology for 
     Department of Defense contracting.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees direct the Secretary to: (1) develop and 
     implement a strategy to educate the small business community 
     on radio frequency identifier technology requirements; and 
     (2) report to the congressional defense committees not later 
     than October 1, 2006, on the strategy and the extent to which 
     it has been implemented.
     Rapid acquisition authority to respond to defense 
         intelligence community emergencies
       The House bill contained a provision (sec. 825) that would 
     provide the Secretary of Defense with rapid acquisition 
     authority to procure intelligence capabilities that would 
     enhance national security.
       The Senate amendment contained no similar provision.
       The House recedes.
     Reports on certain defense contracts in Iraq and Afghanistan
       The Senate amendment contained a provision (sec. 824) that 
     would: (1) require quarterly reports from the Secretary of 
     Defense on audit findings regarding costs incurred on 
     contracts for security and reconstruction activities in Iraq 
     and Afghanistan; and (2) establish requirements for 
     withholding payments and releasing funds on such contracts.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees direct the Government Accountability Office 
     to report to the congressional defense committees not later 
     than 270 days after the date of enactment of this Act on 
     audit findings regarding costs incurred on contracts for 
     security and reconstruction activities in Iraq and 
     Afghanistan. The report should address costs found to be 
     questioned or unsupported, funds withheld from contractors, 
     and measures taken by the Department of Defense to settle 
     disputes with contractors with regard to such costs.
     Requirement for contracting operations to be included in 
         interagency planning related to stabilization and 
         reconstruction
       The House bill contained a provision (sec. 814) that would 
     require the Secretary of Defense to include contracting 
     operations in all relevant interagency planning operations of 
     the Department of Defense related to stabilization and 
     reconstruction operations.
       The Senate amendment contained no similar provision.
       The House recedes.
     Requirements for defense contractors relating to certain 
         former Department of Defense officials
       The Senate amendment contained a provision (sec. 821) that 
     would require companies that receive defense contracts in 
     excess of $10.0 million (other than contracts for the 
     procurement of commercial items) to report to the Department 
     of Defense on an annual basis on former Department officials 
     who receive compensation from the contractor.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees expect the General Accountability Office to 
     address the need, if any, for a reporting requirement of this 
     type in the context of the review of the Department's efforts 
     to identify contract fraud, waste, and abuse, as required by 
     section 841.
     Review of certain contractor ethics matters
       The Senate amendment contained a provision (sec. 822) that 
     would require the Secretary of Defense to review certain 
     contractor ethics matters.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the advisory panel on acquisition 
     laws, regulations, and practices established pursuant to the 
     Services Acquisition Reform Act of 2003 (title XIV of Public 
     Law 108-136) (the ``SARA panel'') is currently considering 
     these issues. The conferees expect the Department of Defense 
     to review all issues addressed by the SARA panel upon the 
     conclusion of that panel's work.
     Sense of Senate on applicability of competition exceptions to 
         eligibility of National Guard for financial assistance 
         for performance of additional duties
       The Senate amendment contained a provision (sec. 809J) that 
     would express the sense of the Senate on the circumstances in 
     which the Secretary of Defense may provide financial 
     assistance to the Army National Guard for the performance of 
     certain duties without the use of competitive procedures.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees agree that section 806 of the Ronald W. 
     Reagan National Defense Authorization Act for Fiscal Year 
     2005 (Public Law 108-375) already makes the competition 
     requirement in section 113 of title 32, United States Code, 
     subject to the exceptions in section 2304(c) of title 10, 
     United States Code. Section 806 ensures that procedures other 
     than competitive procedures are available for the selection 
     of National Guard activities in the same circumstances and to 
     the same extent as such procedures are available for the 
     selection of any other entity.
     Small business contracting in overseas procurements
       The Senate amendment contained a provision (sec. 850) that 
     would address the issue of small business participation in 
     overseas procurement.
       The House bill contained no similar provision.
       The Senate recedes.
     Technical amendments relating to defense acquisition 
         workforce improvements
       The Senate amendment contained a provision (sec. 833) that 
     would make minor technical changes to the newly revised 
     Defense Acquisition Workforce Improvement Act (DAWIA), 
     chapter 87 of title 10, United States Code, enacted by 
     section 812 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375).

[[Page H13100]]

       The House bill contained an identical provision (sec. 1046) 
     that would include various technical and clerical amendments.
       The Senate recedes.
       The changes recommended by the Senate provision will be 
     included in the section of the bill on technical and clerical 
     amendments.
     Temporary Inapplicability of the Berry Amendment to 
         Procurements of Speciality Metals that are used to 
         Produce Force Protection Equipment
       The Senate amendment contained a provision (sec. 809E) that 
     would temporarily make the requirements of section 2533a 
     inapplicable for 2 years, title 10, United States Code, to 
     not apply for two years the requirements of section 2533a, 
     title 10, United States Code, to procurements of specialty 
     metals used to produce force protection equipment needed to 
     prevent combat fatalities in Iraq and Afghanistan.
       The House bill contained no similar provision.
       The Senate recedes.
     Termination of Program
       The Senate amendment contained a provision (sec. 855) that 
     would terminate the small business competitive demonstration 
     program.
       The House bill contained no similar provision.
       The Senate recedes.
     Use of commercially available online services for federal 
         procurement of commercial items
       The House bill contained a provision (sec. 812) that would 
     require the use of commercially available online procurement 
     services, including reverse auction services, to purchase 
     commercial items to the maximum extent practicable.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees note that online procurement services, such 
     as reverse auction services, are appropriate for the 
     acquisition of some types of commercial items, but may not be 
     suitable for others. For example, items that call for 
     technical solutions, require modification, or will be 
     acquired on a basis other than low-cost are unlikely to be 
     suited to acquisition through reverse auction methods. There 
     may be cases in which the use of commercially available 
     online procurement services could limit access to federal 
     agency contracts.
       The conferees direct the Administrator for Federal 
     Procurement Policy, in consultation with the Federal 
     Acquisition Regulatory Council established pursuant to 
     section 25 of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 421), to review the use of online procurement 
     services, such as reverse auction services, and identify: (1) 
     types of commercial item procurements that are suitable for 
     the use of such services; and (2) features that should be 
     provided by online procurement services that are used by 
     federal agencies.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

                       Items of Special Interest

     The current state of military space
       Despite the opportunities identified for the future of 
     military space highlighted by the 2001 Space Commission, the 
     conferees believe the Department of Defense response has been 
     disappointing. The conferees see fundamental shortfalls and a 
     lack of sufficient improvement in three areas that diminish 
     U.S. preeminence in space and threaten national security. 
     These areas include the development of a fully qualified and 
     competent space cadre; improvements in the acquisition system 
     that will restore confidence in the development of our space 
     systems; and the creation of Operationally Responsive Space 
     (ORS) systems.
       The development of a qualified and competent space cadre 
     has received growing attention, particularly in the Air 
     Force. Initiatives such as National Security Space Institute 
     and Space Education Consortium at Air Force Space Command as 
     well as the Joint Space Studies Center at Air University are 
     commendable efforts. The conferees are concerned, however, 
     about the breadth and depth of the current plan for 
     development of a space cadre, specifically in the area of 
     education and training, in addressing the role of academia 
     and industry in a space cadre. The conferees believe the 
     accumulation of skills and competencies of government, 
     academia, and industry represent a comprehensive view of the 
     military space community for the United States. As such, the 
     conferees recommend that the Department be more aggressive in 
     developing programs and partnerships across the U.S. 
     government, industry, and academia.
       While the Department has taken positive steps to improve 
     the current space acquisition system, it is not yet apparent 
     what impact these initiatives might have on the performance 
     of space acquisition. As a result, the conferees will 
     maintain this issue at the forefront of congressional 
     interests. Moreover, the conferees recommend that the 
     Department engage those issues not yet fully addressed. Those 
     include the requisite workforce size and skills, 
     subcontractor management, and technical maturity of 
     acquisition projects. Additionally, the conferees recommend 
     that the Department develop an alternative and complementary 
     business model for space acquisition and system deployment 
     that will increase the production rate of space systems and 
     lower costs.
       The conferees believe ORS, the ability to assemble and 
     launch a desired space-based capability on demand in a cost 
     effective manner, has the potential to truly transform 
     military space. The conferees believe that ORS will provide 
     many new benefits to the military space community. The 
     conferees also believe that ORS will stimulate the production 
     of simpler, shorter living satellites, thus dramatically 
     reducing current costs and shortening schedules. 
     Additionally, low cost launch and ``plug and play'' satellite 
     development will create the ability to refresh systems with 
     new technology and fly constellations optimized for theater 
     commanders. The conferees are disappointed in the progress 
     achieved and are concerned about a lack of vision and 
     initiative by the Department in this area. The conferees 
     believe ORS will transform the battlefield and the way the 
     warfighter thinks of space and, as such, strongly encourage 
     the Air Force to embrace this concept and the Department to 
     consider this in the development of the Quadrennial Defense 
     Review.

                     Legislative Provisions Adopted

      Subtitle A--General Department of Defense Management Matters

     Parity in pay levels among Under Secretary Positions (sec. 
         901)
       The House bill contained a provision (sec. 901) that would 
     raise the positions of the under secretaries of the three 
     military departments to Level III of the Executive Schedule, 
     the same level as the positions of the under secretaries of 
     defense.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment.
     Expansion of eligibility for leadership of Department of 
         Defense Test Resource Management Center (sec. 902)
       The Senate amendment contained a provision (sec. 241) that 
     would eliminate the requirement that the director and the 
     deputy director of the Defense Test Resource Management 
     Center be selected by the Secretary of Defense from among 
     current and former civilian and military employees of the 
     Department of Defense.
       The House bill contained a similar provision (sec. 902).
       The House recedes.
     Standardization of authority for acceptance of gifts and 
         donations for Department of Defense regional centers for 
         security studies (sec. 903)
       The House bill contained a provision (sec. 903) that would 
     streamline the management of Department of Defense regional 
     centers for security studies, including providing uniform and 
     consistent authorities under which those centers may accept 
     gifts and donations.
       The Senate amendment contained a provision (sec. 921) that 
     would provide uniform authority for the Secretary of Defense 
     to accept gifts and donations on behalf of each of the 
     Department of Defense regional centers for security studies.
       The House recedes with a clarifying amendment.
     Directors of Small Business Programs in Department of Defense 
         of military departments (sec. 904)
       The Senate amendment contained a provision (sec. 901) that 
     would change the title of the Department of Defense's 
     ``Office of Small and Disadvantaged Business Utilization'' to 
     the ``Office of Small Business Programs'' to more clearly 
     represent the office's span of authority.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Plan to defend the homeland against cruise missiles and other 
         low-altitude aircraft (sec. 905)
       The Senate amendment contained a provision (sec. 902) that 
     would direct the Secretary of Defense to develop a plan for 
     the defense of the United States against cruise missiles, 
     unmanned aerial vehicles, and other low-altitude aircraft. 
     The provision would also establish an executive agent in the 
     Department of Defense to manage the acquisition of 
     capabilities necessary to defend the homeland against these 
     threats.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary to prepare and submit the plan to Congress within 6 
     months of enactment of the act. Instead of requiring the 
     Secretary to designate an executive agent, the amendment 
     would require the Secretary to identify in the plan an 
     official or office within the Department to be responsible 
     for coordinating the implementation of the plan from both an 
     operational and acquisition perspective.
     Provision of audiovisual support services by White House 
         Communications Agency on nonreimbursable bases (sec. 906)
       The Senate amendment contained a provision (sec. 903) that 
     would clarify the mission of the White House Communications 
     Agency to include audiovisual support services for the 
     President.
       The House bill contained no similar provision.
       The House recedes with a technical amendment that would 
     change the date of enactment to conform with passage of this 
     Act.

[[Page H13101]]

     Report on establishment of a Deputy Secretary of Defense for 
         Management (sec. 907)
       The Senate amendment contained a provision (sec. 905) that 
     would require the Secretary of Defense to select two 
     Federally Funded Research and Development Centers to conduct 
     independent studies of the feasibility and advisability of 
     establishing a Deputy Secretary of Defense for Management. 
     Each study under this section would be delivered to the 
     Secretary and the congressional defense committees not later 
     than March 15, 2006. Each study required by this section 
     would address the extent to which the establishment of a 
     Deputy Secretary of Defense for Management would improve the 
     management of the Department of Defense; expedite the process 
     of management reform in the Department; and enhance the 
     implementation of business systems modernization in the 
     Department.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Responsibility of the Joint Chiefs of Staff as military 
         advisers to the Homeland Security Council (sec. 908)
       The Senate amendment contained a provision (sec. 907) that 
     would designate the Chairman of the Joint Chiefs of Staff as 
     the principal military adviser to the Homeland Security 
     Council.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Improvement in health care services for residents of Armed 
         Forces Retirement Home (sec. 909)
       The Senate amendment contained a provision (sec. 642) that 
     would require certain management changes within the Armed 
     Forces Retirement Home and expanded physician, dental, and 
     transportation services.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require that 
     a physician and dentist be available at each facility of the 
     retirement home during daily business hours, and that daily 
     scheduled transportation to nearby medical facilities be 
     available at no cost. The amendment would require the 
     development of health care access standards by the Chief 
     Operating Officer and would also require an assessment by the 
     Comptroller General on monitoring and oversight of health 
     care services for residents of the retirement home.

                      Subtitle B--Space Activities

     Space Situational Awareness Strategy and space control 
         mission review (sec. 911)
       The House bill contained a provision (sec. 911) that would 
     direct the Secretary of Defense to develop a formal strategy, 
     systems architecture, and a capabilities roadmap for space 
     situational awareness, and update the strategy every two 
     years.
       The Senate amendment contained a provision (sec. 911) that 
     would require the Secretary to establish an independent panel 
     to assess Department of Defense space control activities, 
     including space situational awareness.
       The Senate recedes with an amendment that would direct the 
     Secretary to provide for an independent review and assessment 
     of Department requirements for its space control mission.
     Military satellite communications (sec. 912)
       The House bill contained a provision (sec. 912) that would 
     direct the National Security Space Office to conduct an 
     independent assessment of options to evolve the capabilities 
     of the Advanced Extremely High Frequency and Wideband 
     Gapfiller Systems until the high-risk technologies proposed 
     for the Transformational Satellite Communications System can 
     be further developed and matured.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Operationally responsive space (sec. 913)
       The House bill contained a provision (sec. 913) that would 
     direct the Secretary of Defense to create or designate an 
     organization to focus the development of payload technology 
     for small satellites. This organization would develop an 
     annual master plan describing focus areas for technology 
     development, and distribute appropriated funds for projects 
     within those focus areas.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Report on use of Space Radar for topographical mapping for 
         scientific and civil purposes (sec. 914)
       The Senate amendment contained a provision (sec. 1045) that 
     would direct the Secretary of Defense to submit a report to 
     the congressional defense committees, not later than January 
     15, 2006, on the feasibility and advisability of utilizing 
     the Space Radar for civil purposes.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     Sense of Congress regarding national security aspect of 
         United States preeminence in human spaceflight (sec. 915)
       The Senate amendment contained a provision (sec. 1086) that 
     would express the sense of the Senate that it is in the 
     national security interest of the United States to maintain 
     preeminence in human spaceflight.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment that would 
     express the sense of Congress.

             Subtitle C--Chemical Demilitarization Program

     Clarification of cooperative agreement authority under 
         chemical demilitarization program (sec. 921)
       The House bill contained a provision (sec. 922) that would 
     clarify that the authority conferred upon the Secretary of 
     Defense by section 1521 c (4) of title 50, United States 
     Code, applies to cooperative agreements with federally-
     recognized Indian tribal governments, as well as state and 
     local governments.
       The Senate amendment contained a similar provision (sec. 
     3114).
       The House recedes with a technical amendment.
     Chemical demilitarization facilities (sec. 922)
       The Senate amendment contained a provision (sec. 213) that 
     would provide the Secretary of Defense authority to use 
     fiscal year 2006 research and development funds available for 
     chemical weapons demilitarization activities under the 
     Assembled Chemical Weapons Alternative (ACWA) program to 
     carry out construction projects for facilities necessary to 
     support chemical demilitarization operations at Pueblo Army 
     Depot, Colorado, and Blue Grass Army Depot, Kentucky.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
       The conferees note that this provision provides unusual 
     flexibility to the Department of Defense. It was included in 
     response to a late request from the Department in order to 
     permit important chemical demilitarization activities to 
     proceed without further delay. The provision permits a one-
     time authorization to use fiscal year 2006 research, 
     development, test, and evaluation funds for military 
     construction at the ACWA sites. The conferees expect the 
     Department to request funding for these projects in the 
     proper military construction accounts in the fiscal year 2007 
     and future years budget submissions. The conferees also 
     expect the Department to submit the required 1391 forms for 
     these military construction projects.
       The conferees strongly urge the Department and the 
     administration to take all steps necessary to ensure that the 
     chemical demilitarization programs receive the management 
     attention, priority, and resources required to ensure that 
     the United States meets its obligations under the Chemical 
     Weapons Convention to destroy its chemical weapons stockpile 
     by April 2012, and that it does so safely and efficiently.

                Subtitle D--Intelligence-Related Matters

     Department of Defense strategy for open source intelligence 
         (sec. 931)
       The House bill contained a provision (sec. 931) that would 
     direct the Secretary of Defense to create and submit to 
     Congress a strategy for the use of open source intelligence 
     by January 31, 2006. The strategy would have 10 components 
     focusing on application of open source intelligence in the 
     intelligence process, as well as associated management, 
     training, and personnel issues.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would change the 
     reporting date from January 31, 2006, to 180 days after 
     enactment of this Act.
     Comprehensive inventory of Department of Defense intelligence 
         and intelligence-related programs and projects (sec. 932)
       The House bill contained a provision (sec. 932) that would 
     require the Secretary of Defense to submit a report to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives, the Senate Select Committee on Intelligence, 
     and the House Permanent Select Committee on Intelligence that 
     would provide a comprehensive inventory of Department of 
     Defense intelligence and intelligence-related programs and 
     projects. The Secretary would be required to complete the 
     inventory in consultation with the Director of National 
     Intelligence, where appropriate. The report would not be 
     intended to encompass military operations or military 
     activities. This inventory would be designed to abide by 
     existing procedures for the handling of special access 
     programs referenced in section 119 of title 10, United States 
     Code, and applicable Department directives. The Department 
     would be required to complete the inventory not later than 
     180 days after enactment of this Act.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Operational files of the Defense Intelligence Agency (sec. 
         933)
       The Senate amendment contained a provision (sec. 922) that 
     would authorize the Director of the Defense Intelligence 
     Agency (DIA) to exempt specifically defined operational files 
     of certain elements of the DIA from disclosure under the 
     Freedom of Information Act (5 U.S.C. 552), similar to 
     protections currently authorized to other intelligence 
     agencies under Title VII of the National Security Act of 1947 
     (50 U.S.C. 431 et. seq.).
       The House bill contained no similar provision.

[[Page H13102]]

       The House recedes with an amendment that would terminate 
     the authorization on December 31, 2007.

                   Legislative Provisions Not Adopted

     Advisory committee on Department of Defense requirements for 
         space control
       The Senate amendment contained a provision (sec. 911) that 
     would require the Secretary of Defense to establish an 
     advisory Committee on the current and future space control 
     requirements of the United States, including the means of 
     meeting those requirements.
       The House bill contained no similar provision.
       The Senate recedes.
     American Forces Network
       The Senate amendment contained a provision (sec. 904) that 
     would express the sense of the Senate that the men and women 
     of the American Forces Radio and Television Service and the 
     American Forces Network should be commended for providing a 
     vital service to the military community worldwide and that 
     the programming mission, themes, and practices of the 
     Department of Defense have fairly and responsively fulfilled 
     their mission and contributed immeasurably to high morale and 
     quality of life. The amendment would also authorize the 
     Secretary of Defense to appoint an ombudsman of the American 
     Forces Network.
       The House bill contained no similar provision.
       The Senate recedes.
     Prohibition on implementation of certain orders and guidance 
         on functions and duties of the General Counsel and the 
         Judge Advocate General of the Air Force
       The Senate amendment contained a provision (sec. 923) that 
     would prohibit the obligation or expenditure of funds 
     authorized by the National Defense Authorization Act for 
     Fiscal Year 2006 to implement or enforce either the Secretary 
     of the Air Force order of May 15, 2003, entitled ``Functions 
     and Duties of the General Counsel and the Judge Advocate 
     General,'' or any internal operating instruction or 
     memorandum issued by the General Counsel of the Department of 
     the Air Force in reliance upon the May 15, 2003, order.
       The House bill contained no similar provision.
       The Senate recedes.
       On July 14, 2005, the Acting Secretary of the Air Force 
     issued a new order on the subject of the functions and duties 
     of the General Counsel and the Judge Advocate General. This 
     order by its terms supersedes the May 15, 2003, order, and 
     does not contain the objectionable language contained in the 
     earlier order. It appears that no final instruction or 
     memorandum was ever issued by the General Counsel of the 
     Department in reliance on the May 15, 2003, order.
       The conferees will continue to monitor the situation in the 
     Department to ensure that the Secretary of the Air Force, the 
     Chief of Staff of the Air Force, and commanders continue to 
     have access to independent legal advice from the Judge 
     Advocate General and judge advocates in the field, as 
     required by section 574 of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (Public Law 
     No. 108-375).
     Redesignation of the Department of the Navy as the Department 
         of the Navy and Marine Corps
       The House bill contained a provision (sec. 904) that would 
     redesignate the Department of the Navy as the Department of 
     the Navy and Marine Corps and the Secretary of the Navy as 
     the Secretary of the Navy and Marine Corps.
       The Senate amendment contained no similar provision.
       The House recedes.
     Transfer to Secretary of the Army of responsibility for 
         Assembled Chemical Weapons Alternatives program
       The House bill contained a provision (sec. 921) that would 
     transfer program management responsibility for the Assembled 
     Chemical Weapons Alternatives program from the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics to the Secretary of the Army by January 1, 2006.
       The Senate amendment contained no similar provision.
       The House recedes.
     United States Military Cancer Institute
       The Senate amendment contained a provision (sec. 924) that 
     would establish a United States Military Cancer Institute 
     within the Uniform Services University of the Health 
     Sciences. The Institute would be composed of clinical and 
     basic scientists in the Department of Defense who have 
     expertise in research, patient care, and education relating 
     to the disease of cancer; and would carry out research 
     studies on the epidemiological features of cancer.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees acknowledge that the institute exists without 
     authorization in statute, and that Department of Defense 
     appropriations are provided to the institute for support of 
     its cancer research activities.

                      TITLE X--GENERAL PROVISIONS

                     Legislative Provisions Adopted

                     Subtitle A--Financial Matters

     Transfer authority (sec. 1001)
       The House bill contained a provision (sec. 1001) that would 
     provide $4.0 billion in transfer authority among accounts in 
     division A of this Act for fiscal year 2006.
       The Senate amendment contained a similar provision (sec. 
     1001).
       The conferees agree to provide $3.5 billion in transfer 
     authority.
     Authorization of emergency supplemental appropriations for 
         fiscal years 2005 and 2006 (sec. 1002)
       The House bill contained a provision (sec. 1002) that would 
     authorize emergency supplemental appropriations pursuant to 
     title I and chapter 2 of title IV of division A of the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Tsunami Relief, 2005 (Public Law 
     109-13).
       The Senate amendment contained a similar provision (sec. 
     1005).
       The Senate amendment also contained a provision (sec. 1008) 
     that would authorize emergency appropriations contained in 
     the two emergency supplemental appropriations to meet needs 
     arising from Hurricane Katrina, the supplemental 
     appropriations for avian flu preparedness, the amounts 
     reallocated from hurricane-related disaster relief, and the 
     amounts for humanitarian assistance for earthquake victims in 
     Pakistan. The Senate amendment would require reports on the 
     expenditure of these funds and on assistance given to the 
     earthquake victims in Pakistan.
       The conferees agree to the authorization of emergency 
     supplemental appropriations contained in both the House and 
     Senate provisions. The conferees also require reports on the 
     expenditure of these funds and on assistance given to the 
     earthquake victims in Pakistan.
     Increase in fiscal year 2005 general transfer authority (sec. 
         1003)
       The House bill contained a provision (sec. 1003) that would 
     provide $6.185 billion in transfer authority among accounts 
     in division A of this Act for fiscal year 2005.
       The Senate amendment contained an identical provision (sec. 
     1006).
       The conference agreement includes this provision.
     Reports on feasibility and desirability of capital budgeting 
         for major defense acquisition programs (sec. 1004)
       The House bill contained a provision (sec. 1004) that would 
     require the Secretary of Defense and the secretaries of the 
     military departments to submit a report to the congressional 
     defense committees on the feasibility and desirability of 
     capital budgeting for major defense acquisition programs by 
     July 1, 2006.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     United States contribution to NATO common-funded budgets in 
         fiscal year 2006 (sec. 1005)
       The Senate amendment contained a provision (sec. 1003) that 
     would authorize the U.S. contribution to North Atlantic 
     Treaty Organization (NATO) common-funded budgets for fiscal 
     year 2006, including the use of unexpended balances. The 
     resolution of ratification for the Protocol to the North 
     Atlantic Treaty of 1949 on the Accession of Poland, Hungary, 
     and the Czech Republic contained a provision (section 
     3(2)(c)(ii)) requiring a specific authorization for U.S. 
     payments to the common-funded budgets of NATO for each fiscal 
     year, beginning in fiscal year 1999, that payments exceed the 
     fiscal year 1998 total.
       The House bill contained no similar provision.
       The House recedes.

                Subtitle B--Naval Vessels and Shipyards

     Conveyance, Navy drydock, Seattle, Washington (sec. 1011)
       The House bill contained a provision (sec. 1011) that would 
     authorize the Secretary of the Navy to sell the yard 
     floating drydock YFD-70, located in Seattle, Washington, 
     to Todd Pacific Shipyards Corporation, provided that the 
     drydock remain at the facilities of Todd Pacific Shipyards 
     Corporation until at least September 30, 2010. The 
     provision would require the purchaser to pay to the United 
     States an amount equal to the fair market value as 
     determined by the Secretary, that the transfer would be at 
     no cost to the United States, and include any additional 
     terms and conditions the Secretary considers appropriate 
     to protect the interests of the United States.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would authorize 
     the Secretary to convey, instead of sell, the drydock, and 
     that would require the purchaser to provide compensation, 
     instead of payment, to the United States, equal to the fair 
     market value of the drydock.
     Conveyance, Navy drydock, Jacksonville, Florida (sec. 1012)
       The House bill contained a provision (sec. 1012) that would 
     authorize the Secretary of the Navy to sell the medium 
     auxiliary floating drydock SUSTAIN (AFDM-7), located in Duval 
     County, Florida, to the Atlantic Marine Property Holding 
     Company, provided that the drydock remain at the facilities 
     of the Atlantic Marine Holding Company until at least 
     September 30, 2010. The provision would require the purchaser 
     to pay to the United States an amount equal to the fair 
     market value as determined by the Secretary, that the 
     transfer be at no cost to the United States, and include any 
     additional terms and conditions the Secretary considers 
     appropriate to protect the interests of the United States.

[[Page H13103]]

       The Senate amendment contained a similar provision (sec. 
     1022).
       The House recedes with an amendment that would authorize 
     the Secretary to convey, instead of sell, the drydock, and 
     that would require the purchaser to provide compensation, 
     instead of payment, to the United States, equal to the fair 
     market value of the drydock.
     Conveyance, Navy drydock, Port Arthur, Texas (sec. 1013)
       The House bill contained a provision (sec. 1013) that would 
     authorize the Secretary of the Navy to convey, without 
     consideration, the inactive medium auxiliary floating drydock 
     AFDM-2, currently administered through the National Defense 
     Reserve Fleet, to the city of Port Arthur, Texas. This 
     conveyance would be subject to the conditions that: (1) the 
     drydock remain at the facilities of the port authority; (2) 
     the conveyance would be at no cost to the United States; and 
     (3) the Secretary could include any other terms and 
     conditions the Secretary considers appropriate to protect the 
     interests of the United States.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would allow the 
     conveyance, but not without consideration. As consideration 
     for the conveyance, the purchaser would be required to 
     provide compensation to the United States the value of which, 
     as determined by the Secretary, is equal to the fair market 
     value of the drydock.
     Transfer of battleships U.S.S. Wisconsin and U.S.S. Iowa 
         (sec. 1014)
       The House bill contained a provision (sec. 1014) that would 
     waive section 1011 of the National Defense Authorization Act 
     for Fiscal Year 1996 (Public Law 104-106) and section 1011 of 
     the Strom Thurmond National Defense Authorization Act for 
     Fiscal Year 1999 (Public Law 105-261) with respect to the 
     battleship U.S.S. Iowa (BB-61). The provision would also 
     direct the Secretary of the Navy to strike the U.S.S. Iowa 
     from the Naval Vessel Register, and to transfer that vessel 
     to the Port of Stockton, California, subject to the 
     submission of a donation application which is satisfactory to 
     the Secretary, and subject to subsections (b) and (c) of 
     section 7306 of title 10, United States Code.
       The Senate amendment contained a provision (sec. 1021) that 
     would authorize the Secretary of the Navy to strike the 
     battleships U.S.S. Wisconsin (BB-64) and U.S.S. Iowa (BB-1) 
     from the Naval Vessel Register, subject to section 7306 of 
     title 10, United States Code, and transfer those vessels by 
     gift or otherwise. As a condition of the transfers, the 
     provision would require the Secretary of the Navy to have the 
     transferee locate the U.S.S. Wisconsin in the Commonwealth of 
     Virginia and the U.S.S. Iowa in the State of California. The 
     provision would also waive the requirement for notice-and-
     wait contained in section 7306(d) of title 10, United States 
     Code. The provision would repeal section 1011 of the National 
     Defense Authorization Act for Fiscal Year 1996 (Public Law 
     104-106) and section 1011 of the Strom Thurmond National 
     Defense Authorization Act for Fiscal Year 1999 (Public Law 
     105-261).
       The House recedes with an amendment that would direct the 
     Secretary of the Navy to require that, as a term of the 
     transfer of these battleships, the transferees shall, if the 
     President declares a national emergency pursuant to the 
     National Emergencies Act (50 U.S.C. 1601 et seq.), and upon 
     request of the Secretary of Defense, return the respective 
     vessel to the United States. In such a case, the amendment 
     would require that the terms of the agreement require that 
     the title to the vessel or vessels revert immediately to 
     the United States, unless otherwise notified by the 
     Secretary of Defense.
     Transfer of ex-U.S.S. Forrest Sherman (sec. 1015)
       The House bill contained a provision (sec. 1015) that would 
     require the Secretary of the Navy to transfer the 
     decommissioned destroyer ex-U.S.S. Forrest Sherman to the 
     U.S.S. Forrest Sherman DD-931 Foundation, Inc., a non-profit 
     organization under the laws of Maryland, subject to the 
     submission of a donation application for that vessel that is 
     satisfactory to the Secretary. The provision would require 
     that the transferee maintain the vessel in a condition 
     satisfactory to the Secretary, that the transfer would be at 
     no cost to the United States, and would allow the Secretary 
     to require additional terms and conditions he considers 
     appropriate. The authorization under this provision would 
     expire 5 years after the enactment of this Act.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would make this 
     transfer discretionary to the Secretary, where he may 
     transfer the ship, instead of being required to do so.
     Report on leasing of vessels to meet national defense sealift 
         requirements (sec. 1016)
       The House bill contained a provision (sec. 1016) that would 
     amend title 10, United States Code, to prohibit a secretary 
     of a military department from entering a contract for a lease 
     or charter of a vessel for a term of more than 24 months, 
     including all options to renew or extend an existing 
     contract, if the hull, or component of the hull and 
     superstructure of the vessel is constructed in a foreign 
     shipyard. The provision would allow the President to waive 
     this prohibition, when the President determines this waiver 
     to be in the national security interest.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would instead 
     require that the Secretary of Defense submit a report, no 
     later than March 1, 2006, on leasing of vessels to meet 
     national defense sealift requirements to the Committees on 
     Armed Services of the Senate and the House of 
     Representatives. The amendment would include a listing of 
     items that must be included in the report.
     Establishment of the U.S.S. Oklahoma memorial and other 
         memorials at Pearl Harbor (sec. 1017)
       The House bill contained a provision (sec. 1017) that would 
     require the Secretary of the Navy, in consultation with the 
     Secretary of the Interior, to identify an appropriate site on 
     Ford Island, Hawaii, for the location of a memorial to U.S.S. 
     Oklahoma (BB-37), which was sunk during the attack on Pearl 
     Harbor on December 7, 1941.
       The Senate amendment contained a similar provision (sec. 
     1078).
       The House recedes with an amendment that would require 
     identification of an appropriate site for the memorial not 
     later than 90 days after enactment of this Act. Additionally, 
     it would require certification that the U.S.S. Oklahoma 
     Memorial Foundation has sufficient funding to complete 
     construction of the memorial and that the memorial and other 
     future memorials at Pearl Harbor meet the requirements set 
     forth in the ``Pearl Harbor Naval Complex Design Guidelines 
     and Evaluation Criteria for Memorials of April 2005.'' The 
     amendment would also authorize the Secretary of the Interior 
     to establish and operate a transportation system linking the 
     U.S.S. Arizona Memorial Visitor Center with historic sites 
     and visitor attractions within the Pearl Harbor Naval 
     Complex, including Ford Island.
     Authority to use National Defense Sealift Fund to purchase 
         certain maritime prepositioning ships currently under 
         charter to the Navy (sec. 1018)
       The Senate amendment contained a provision (sec. 323) that 
     would authorize the Secretary of Defense to obligate and 
     expend any funds in the National Defense Sealift Fund (NDSF) 
     to exercise purchase options on three Maritime Prepositioning 
     Ship (MPS) vessels under charter to the Navy. The provision 
     would be notwithstanding the provisions of section 2218(f)(1) 
     of title 10, United States Code, which limits the number of 
     vessels built in foreign shipyards that are purchased with 
     the NDSF to five vessels. The provision would also stipulate 
     the vessels that could be purchased as those whose leases 
     expired in fiscal year 2009.
       The House bill contained no similar provision.
       The House recedes with an amendment that would limit the 
     authority provided by subsection (c)(1) of section 2218 of 
     title 10, United States Code, to purchase no more than six 
     MPS ships currently chartered by the Department of Defense 
     under a 25 year lease. The provision would waive subsection 
     (f)(1) of section 2218 of title 10, United States Code, in 
     the case of the purchase of these six vessels. The provision 
     would also amend section 2218(f)(1) of title 10, United 
     States Code, to state that a vessel built in a foreign 
     shipyard may not be purchased with funds in the NDSF unless 
     specifically authorized by law.

                  Subtitle C--Counter-Drug Activities

     Resumption of reporting requirement regarding Department of 
         Defense expenditures to support foreign counterdrug 
         activities (sec. 1021)
       The House bill contained a provision (sec. 1022) that would 
     require the resumption of a reporting requirement for the 
     Secretary of Defense to submit a report detailing 
     expenditures of funds by the Department of Defense during 
     fiscal year 2005 in direct and indirect support of the 
     counterdrug activities of foreign governments.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Clarification of authority for joint task forces to support 
         law enforcement agencies conducting counterterrorism 
         activities (sec. 1022)
       The House bill contained a provision (sec. 1023) that would 
     clarify that a joint task force supporting law enforcement 
     agencies conducting counterdrug activities may use funds 
     available for that activity to also support counterterrorism 
     activities by those law enforcement agencies. The fiscal 
     authority provided here is a clarification of authority for 
     joint task forces to support law enforcement agencies in both 
     counterdrug and counterterrorism missions originally provided 
     by Congress in the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 108-136).
       The Senate amendment contained a similar provision (sec. 
     1032) that would limit the use of funds authorized to be 
     appropriated for counterdrug activities to also support 
     counterterrorism activities to the borders and territorial 
     waters of the United States.
       The Senate recedes with an amendment that would make this 
     funding available for fiscal years 2006 and 2007, and require 
     the Secretary of Defense to report on the effect of the 
     availability of such funding on counterdrug and 
     counterterrorism activities and objectives. The conferees 
     believe the Secretary should ensure that counterdrug funding 
     is utilized to fund counterterrorist activities where there 
     is overlap between counterdrug and counterterrorist 
     objectives.

[[Page H13104]]

     Sense of Congress regarding drug trafficking deterrence (sec. 
         1023)
       The Senate amendment contained a provision (sec. 1081) that 
     would express a sense of the Senate that the Department of 
     Defense fully fund the Counterdrug Tethered Aerostat program 
     and that the Department install a maritime radar on the 
     Lajas, Puerto Rico aerostat.
       The House bill contained no similar provision.
       The House recedes with an amendment that would change 
     ``fully fund'' to ``should fund'' and state that the 
     Department ``should'' install a maritime radar on the Lajas, 
     Puerto Rico aerostat vice install.

            Subtitle D--Matters Related to Homeland Security

     Responsibilities of Assistant Secretary of Defense for 
         Homeland Defense relating to nuclear, chemical, and 
         biological emergency response (sec. 1031)
       The House bill contained a provision (sec. 1031) that would 
     designate the Assistant Secretary of Defense for Homeland 
     Defense as the Department of Defense official responsible for 
     co-ordinating the Department's emergency response assistance 
     to federal, state, and local government officials dealing 
     with incidents involving chemical, biological, nuclear, 
     radiological, and high yield explosives.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Testing of preparedness for emergencies involving nuclear, 
         radiological, chemical, biological, and high-yield 
         explosives weapons (sec. 1032)
       The House bill contained a provision (sec. 1032) that would 
     designate the Secretary of Homeland Security as the federal 
     official responsible for the preparedness testing of federal, 
     state, and local agencies to respond to emergencies involving 
     chemical, biological, nuclear, and radiological weapons.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Department of Defense chemical, biological, radiological, 
         nuclear, and high-yield explosives response teams (sec. 
         1033)
       The House bill contained a provision (sec. 1033) that would 
     designate the Secretary of Homeland Security, rather than the 
     Director of the Federal Emergency Management Agency, as 
     the federal official who would request Department of 
     Defense assistance in a weapons of mass destruction 
     emergency response.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Repeal of Department of Defense emergency response assistance 
         program (sec. 1034)
       The House bill contained a provision (sec. 1034) that would 
     repeal the requirement of the Secretary of Defense to carry 
     out a program to train other federal, state, and local agency 
     personnel regarding emergency response to threats or 
     incidents involving weapons of mass destruction. The 
     provision would further designate the Secretary of Homeland 
     Security as the principal federal official responsible for 
     such program.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Report on use of Department of Defense aerial reconnaissance 
         assets to support Homeland Security border security 
         missions (sec. 1035)
       The Senate amendment contained a provision (sec. 1031) that 
     would authorize the Secretary of Defense to use Department of 
     Defense personnel and equipment to conduct aerial 
     reconnaissance within the U.S. Northern Command area of 
     responsibility with unmanned aerial vehicles. The purpose of 
     these operations would be to detect and monitor suspicious 
     air, sea, and surface traffic; and to communicate information 
     on such traffic to appropriate federal, state, and local law 
     enforcement officials.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment that would 
     require the Secretary of Defense to submit a report to the 
     Committees of Armed Services of the Senate and the House of 
     Representatives not later than 120 days after the enactment 
     of this Act, in coordination with the Secretary of Homeland 
     Security, containing the results of a study regarding the use 
     of aerial reconnaissance equipment of the Department of 
     Defense in missions in which the Armed Forces support the 
     Department of Homeland Security in performing its 
     international border security mission.

                    Subtitle E--Reports and Studies

     Review of Defense Base Act insurance (sec. 1041)
       The Senate amendment contained a provision (sec. 1042) that 
     would require the Secretary of Defense to review current and 
     future needs, options, and risks associated with Defense Base 
     Act (DBA) (42 United States Code, sections 1651-1654) 
     insurance.
       The House bill contained no similar provision.
       The House recedes.
       The conferees note that the Department of Defense recently 
     initiated a 1-year pilot program for a single insurer to 
     provide DBA insurance for all Army Corps of Engineers 
     contractors performing overseas. On November 22, 2005, the 
     Army announced that it had entered a contract under which 
     insurance rates would range from $5.00 to $8.50 per $100.00 
     of salary cost. This represents considerable savings over the 
     DBA insurance rates between $10.00 and $21.00 per $100.00 of 
     salary cost previously paid by the Department of Defense, as 
     reported by the Government Accountability Office. The 
     conferees believe that the pilot program is an important 
     first step. The report required by this section can help 
     build on that program to develop a DBA contracting mechanism 
     that provides the greatest benefits to the federal government 
     and its contractor employees overseas.
     Report on Department of Defense response to findings and 
         recommendations of Defense Science Board Task Force on 
         High Performance Microchip Supply (sec. 1042)
       The Senate amendment contained a provision (sec. 1044) that 
     would require the Department of Defense to submit a plan to 
     sustain U.S. leadership in semiconductor manufacturing and 
     technology.
       The House bill contained no similar provision.
       The House recedes with an amendment that would modify 
     requirements on preparation and submission of the report.
       The conferees note that Department missions and strategies 
     depend heavily on semiconductor microelectronics. These 
     microelectronics range from extremely high performance 
     military unique systems to commodity microelectronics that 
     are used in standard commercial computers, radios, and other 
     electronics equipment. Given the broad application and 
     importance of ensuring an adequate supply of these 
     components, the conferees urge the Secretary of Defense to 
     consult with other federal departments and agencies, 
     industry, and academic organizations in development of the 
     report required by this provision.

                       Subtitle F--Other Matters

       Commission on the Implementation of the New Strategic 
     Posture of the United States (sec. 1051)
       The House bill contained a provision (sec. 1041) that would 
     establish a commission to assess and make recommendations 
     about the implementation of the new strategic posture of the 
     United States. The commission would examine programmatic 
     requirements to achieve the goals set out in the December 31, 
     2001, Nuclear Posture Review (NPR) and periodic assessments 
     of the NPR by looking at: the requirements process for 
     strategic forces; how strategic intelligence and other 
     requirements differ from nuclear intelligence and other 
     requirements; the ability of strategic platforms to carry out 
     non-nuclear strike missions; the limits of tactical systems 
     to perform non-nuclear global strategic missions; and an 
     assessment of the ability of the current nuclear stockpile to 
     address the evolving strategic threat environment through 
     2025. In selecting individuals for appointment to the 
     commission, the Secretary of Defense shall consult with the 
     chairman and ranking minority member of the Committee on 
     Armed Services of the Senate and the chairman and ranking 
     minority member of the Committee on Armed Services of the 
     House of Representatives.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would: (1) limit 
     the time period for the commission's assessment of the 
     ability of the current nuclear stockpile to address the 
     evolving threat environment to 2008, rather than 2025 as 
     contained in the House provision; (2) require the commission 
     to submit its report by June 30, 2007, to the Secretary of 
     Defense and the Committees on Armed Services of the Senate 
     and the House of Representatives containing the commission's 
     recommendations; and (3) terminate the duties of the 
     commission on July 30, 2007.
     Reestablishment of EMP Commission (sec. 1052)
       The House bill contained a provision (sec. 1042) that would 
     reestablish and extend the life of the Commission to Assess 
     the Threat to the United States from Electromagnetic Pulse 
     (EMP) attack, originally created in the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 
     (Public Law 106-398).
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would direct the 
     commission to submit its final report by June 30, 2007, on 
     the vulnerability of electric-dependent military and non-
     military systems in the United States to an EMP attack, 
     giving special attention to the progress of U.S. government 
     agencies and private sector entities in taking steps to 
     protect such systems from attack. The commission is also 
     directed to assess the Department of Defense plan for 
     implementing the recommendations of the commission stemming 
     from its 2004 report to Congress.
     Modernization of authority relating to security of defense 
         property and facilities (sec. 1053)
       The House bill contained a provision (sec. 1043) that would 
     amend section 21 of the Internal Security Act of 1950 (50 
     U.S.C. 797) to authorize the delegation of authority to issue 
     security regulations at certain facilities to the civilian 
     directors of those facilities. The provision would also make 
     technical amendments to section 21 to reflect other changes 
     in law made since the enactment of the Internal Security Act.
       The Senate amendment contained a provision (sec. 1072) that 
     would amend section 21 of the Internal Security Act of 1950 
     to authorize the delegation of authority to issue

[[Page H13105]]

     security regulations to civilian directors, and would also 
     amend section 4 of that Act (50 U.S.C. 783) to prohibit 
     persons who knowingly violate laws or regulations regarding 
     the handling of classified information in a manner that could 
     have a significant adverse impact on the national security of 
     the United States from holding security clearances or 
     obtaining access to classified information.
       The Senate recedes.
     Revision of Department of Defense counterintelligence 
         polygraph program (sec. 1054)
       The House bill contained a provision (sec. 1044) that would 
     clarify and make permanent the standards by which the 
     Department of Defense conducts its counterintelligence 
     polygraph program. This provision would also expand the 
     Department's counterintelligence polygraph authority to allow 
     the Department to administer polygraph examinations to 
     individuals whose duties involve assistance in intelligence 
     or military missions where the misuse of information could 
     jeopardize human life or safety; result in the loss of unique 
     or uniquely productive intelligence sources or methods vital 
     to U.S. national security; or compromise technologies, 
     operational plans, and security procedures vital to the 
     strategic advantage of the United States and its allies.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Preservation of records pertaining to radioactive fallout 
         from nuclear weapons testing (sec. 1055)
       The House bill contained a provision (sec. 1050) that would 
     prohibit the destruction of any document in the custody or 
     control of the Department of Defense that is a historical 
     record, or part of a historical record, relating to 
     radioactive fallout from the testing of any nuclear device. 
     The provision would further require the Secretary of Defense 
     to identify, preserve, and publish information contained in 
     such documents.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment.
     Technical and clerical amendments (sec. 1056)
       The House bill contained a provision (sec. 1046) that would 
     make technical and clerical amendments to various provisions 
     of law.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would strike the 
     portion of section 1046 dealing with the definition of 
     ``congressional defense committees,'' and would make minor 
     technical corrections.
     Deletion of obsolete definitions in titles 10 and 32, United 
         States Code (sec. 1057)
       The House bill contained a provision (sec. 1047) that would 
     amend titles 10 and 32 of the United States Code to delete 
     the obsolete term ``Territory'' [capitalized], which referred 
     to Alaska and Hawaii prior to statehood, and to make 
     conforming changes. The provision also changes references to 
     ``Puerto Rico'' in those titles to ``Commonwealth of Puerto 
     Rico'' to conform with current usage in other defense-related 
     statutes.
       The Senate amendment contained no similar provision.
       The Senate recedes with a technical amendment.
     Support for youth organizations (sec. 1058)
       The House bill contained a provision (sec. 1049) that would 
     require that no federal law shall be construed to limit the 
     Department of Defense from providing any form of support to 
     certain youth organizations, including the Boy Scouts of 
     America, that would result in less support than was provided 
     by the Department during each of the preceding 4 fiscal 
     years.
       The Senate amendment contained a similar provision (sec. 
     1073) that would authorize the head of a federal agency to 
     waive the application of this provision under certain 
     circumstances, and would amend section 5309 of title 42, 
     United States Code, to require equal access for youth 
     organizations, including the Boy Scouts of America, to 
     designated open forums, limited public forums, or nonpublic 
     forums of states or units of general local government.
       The House recedes with a technical amendment.
     Special immigrant status for persons serving as translators 
         with United States Armed Forces (sec. 1059)
       The House bill contained a provision (sec. 1051) that would 
     authorize the Secretary of Homeland Security to provide 
     special immigrant status to not more than 50 qualified Afghan 
     or Iraqi nationals (and their spouses and children) per 
     fiscal year. This status is limited to such nationals who 
     have worked directly with the U.S. Armed Forces as 
     translators for at least 12 months, have obtained a favorable 
     recommendation from the first flag or general officer in the 
     chain of command of the unit concerned, and have cleared a 
     background check and screening.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would change the 
     reference to ``the first flag or general officer in the chain 
     of command'' to ``a flag or general officer in the chain of 
     command.''
     Expansion of emergency services under reciprocal agreements 
         (sec. 1060)
       The Senate amendment contained a provision (sec. 1084) that 
     would amend section 1856(b) of title 42, United States Code, 
     by expanding the list of services that could be provided by 
     federal agencies to local governments on a reciprocal basis 
     to include 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.
       The House bill contained no similar provision.
       The House recedes with an amendment that would add ``basic 
     medical support'' to the list of eligible services.
     Renewal of moratorium on return of veterans memorial objects 
         to foreign nations without specific authorization in law 
         (sec. 1061)
       The Senate amendment contained a provision (sec. 1085) that 
     would amend section 1051(c) of the National Defense 
     Authorization Act for Fiscal Year 2000 (Public Law 106-65) to 
     extend the effective date of the moratorium on return of 
     veterans memorial objects to foreign nations through 
     September 30, 2010.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     Sense of Congress on national security interest of 
         maintaining aeronautics research and development (sec. 
         1062)
       The Senate amendment contained a provision (sec. 1088) that 
     would express the sense of the Senate regarding the 
     importance to the nation of a strong aeronautics research and 
     development program at the National Aeronautics and Space 
     Administration and at the Department of Defense.
       The House bill contained no similar provision.
       The House recedes with an amendment to express the sense of 
     Congress on the national security interest of maintaining 
     aeronautics research and development.
     Airport certification (sec. 1063)
       The conferees agree to a provision that would require 
     specific conditions to be met by a certain airport designated 
     in the provision in order to be eligible to receive approval 
     of an airport layout plan from the Federal Aviation 
     Administration.

                   Subtitle G--Military Mail Matters

     Safe delivery of mail in military mail system (sec. 1071)
       The Senate amendment contained a provision (sec. 1061) that 
     would require the Secretary of Defense to promptly develop 
     and implement a plan to ensure that the mail within the 
     military mail system is safe for delivery, and to submit a 
     report to Congress not later than 120 days after the date of 
     enactment of this Act on the safety of mail within the 
     military mail system.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.

                   Legislative Provisions Not Adopted

     Assignment of members of the Armed Forces to assist Bureau of 
         Border Security and Bureau of Citizenship and Immigration 
         Services of the Department of Homeland Security
       The House bill contained a provision (sec. 1035) that would 
     authorize the Secretary of Defense to assign members of the 
     Armed Forces to assist Bureau of Border Security and Bureau 
     of Citizenship and Immigration Services of the Department of 
     Homeland Security, in preventing the entry of terrorists, 
     drug traffickers, and illegal aliens into the United States, 
     and to aid in the inspection of cargo, vehicles, and aircraft 
     at points of entry into the United States to prevent the 
     entry of weapons of mass destruction.
       The Senate amendment contained no similar provision.
       The House recedes.
     Coal-to-liquid fuel development plan
       The Senate amendment contained a provision (sec. 1090) that 
     would direct the Secretary of Energy to submit a plan on the 
     development of a coal-to-liquid fuel program and would direct 
     the Secretary of Defense to submit a plan to use fuels 
     developed under this program.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the Department of Defense and the 
     Department of Energy are working together as part of the 
     Department of Defense clean fuels program to develop clean, 
     domestic sources of fuel for Department of Defense 
     applications, particularly for use in turbine engines. The 
     Department of Energy coal-to-liquid fuel program, conducted 
     at the Department of Energy National Energy Technology 
     Laboratory, will be one of the primary programs that will 
     support near-term options to develop clean domestic fuel 
     sources for turbine engines in use by the Department of 
     Defense. The conferees support this collaboration and direct 
     the Secretary of Defense and the Secretary of Energy to 
     report on the progress of their efforts and to develop a plan 
     for the future.
       The Secretary of Energy, in coordination with the Secretary 
     of Defense, shall prepare and submit to the Committees on 
     Armed Services, Energy and Natural Resources, and 
     Appropriations of the Senate, and to the Committees on Armed 
     Services, Energy and Commerce, Science, and Appropriations of 
     the House of Representatives, a development plan for the 
     coal-to-liquid fuel program. The development plan shall be 
     prepared taking

[[Page H13106]]

     into consideration: (1) technology needs and developmental 
     barriers; (2) economic and national security effects; (3) 
     environmental standards and carbon capture and storage 
     opportunities; (4) financial incentives; (5) timelines and 
     milestones; (6) diverse regions having coal reserves that 
     would be suitable for liquefaction plants; (7) coal-to-liquid 
     fuel testing to meet civilian and military engine standards 
     and markets; and (8) any roles other federal agencies, state 
     governments, and international entities could play in 
     developing a coal-to-liquid fuel industry, not later than 90 
     days after the date of enactment of this Act.
       The Secretary of Defense, in coordination with the 
     Secretary of Energy, shall prepare and submit to the 
     Committees on Armed Services, Energy and Natural Resources, 
     and Appropriations of the Senate, and to the Committees on 
     Armed Services, Energy and Commerce, Science, and 
     Appropriations of the House of Representatives, a report on 
     the potential use of the fuels by the Department of Defense, 
     not later than 90 days after the date of enactment of this 
     Act.
     Delivery of mail addressed to any service member
       The Senate amendment contained a provision (sec. 1062) that 
     would require the Secretary of Defense to carry out a program 
     under which mail and packages addressed to any service member 
     shall be delivered to deployed members of the Armed Forces 
     overseas.
       The House bill contained no similar provision.
       The Senate recedes.
     Establishment of National Foreign Language Coordination 
         Council
       The Senate amendment contained a provision (sec. 1082) that 
     would establish a National Foreign Language Coordination 
     Council to develop and monitor the implementation of a 
     national foreign language strategy. The strategy would 
     include: (1) an identification of crucial priorities; (2) an 
     identification and evaluation of federal foreign language 
     programs and activities; (3) effective ways to increase 
     public awareness of the need for foreign language skills; (4) 
     recommendations for incentives for educational programs; and 
     (5) coordination of cross-sector efforts. The council would 
     prepare and transmit to the President and the relevant 
     committees of Congress the strategy not later than 18 months 
     after the date of enactment of this Act.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees have been informed that the Department of 
     State, in coordination with the Department of Defense, 
     Director of National Intelligence, and the Department of 
     Education, has spearheaded a National Security Initiative to 
     develop a long-range strategy to improve our nation's foreign 
     language capabilities. The Department of State, through the 
     Office of the Under Secretary of State for Public Diplomacy, 
     would coordinate the implementation of the strategy.
       The conferees commend the interagency working group, which 
     was responsible for developing the strategy, for considering 
     the recommendations made at the National Language Conference 
     held on August 17, 2004, by over 300 leaders and 
     practitioners from federal, state, and local government 
     agencies; academic institutions; business and industry; 
     foreign language interest groups; and foreign nations. The 
     conferees encourage the Department of Defense to engage 
     federal, state, and local agencies and interested private 
     sector organizations during the implementation of the 
     initiative.
     Extension of Department of Defense authority to support 
         counterdrug activities
       The House bill contained a provision (sec. 1021) that would 
     extend the authorization from 2006 to 2011.
       The Senate amendment contained no similar provision.
       The House recedes.
     Grant of federal charter to Korean War Veterans Association, 
         Incorporated
       The Senate amendment contained a provision (sec. 1077) that 
     would modify title 36, United States Code, to grant a federal 
     charter to the Korean War Veterans Association, Incorporated.
       The House bill contained no similar provision.
       The Senate recedes.
     Incorporation of classified annex
       The Senate amendment contained a provision (sec. 1002) that 
     would incorporate an accompanying classified annex.
       The House bill contained no similar provision.
       The Senate recedes.
     Policy of the United States on the Intercontinental Ballistic 
         Missile force
       The Senate amendment contained a provision (sec. 1076) that 
     would state 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.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that:
       (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 RV, a process 
     known as downloading.
       (2) The 2001 Nuclear Posture Review (NPR) confirmed the 
     need for 500 ICBMs.
       (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 ICBM force is currently being considered as part of 
     the deliberations of the Department of Defense for the 
     Quadrennial Defense Review.
       The conferees note that the policy of the United States, as 
     set out in the 2001 NPR, is to deploy a force of 500 ICBMs. 
     The conferees further note that unanticipated strategic 
     developments may compel the United States to make changes to 
     this force structure in the future.
     Reduction in overall authorization due to inflation savings
       The Senate amendment contained a provision (sec. 1004) that 
     would reduce the amount authorized to be appropriated to the 
     Department of Defense by $1.3 billion to reflect the reduced 
     inflation estimates in the Congressional Budget Office's 
     annual review of the budget.
       The House bill contained no similar provision.
       The Senate recedes.
     Repeal of requirement for report to Congress regarding global 
         strike capability
       The House bill contained a provision (sec. 1045) that would 
     repeal the requirement in section 1032 of the National 
     Defense Authorization Act for fiscal year 2004 (Public Law 
     108-136) for the Secretary of Defense to submit a report on 
     Global Strike for fiscal year 2006.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees, after reviewing the June 2005 Prompt Global 
     Strike Plan submitted by the Secretary, concur with the need 
     to explore a wide range of capabilities for responding 
     rapidly to emerging threats to the United States and its 
     strategic interests. The report noted a capability gap of 
     particular concern: ``for the near future, in the event of 
     rapidly developing crisis, the Department of Defense will not 
     have non-nuclear, long-range precision strike options for 
     consideration by the national leadership.'' The conferees 
     believe it is important to close this gap as soon as 
     technically possible.
       The conferees understand from the 2005 report that the 
     evaluation of a wide range of current and future global 
     strike capabilities is ongoing, and will be in the 
     capabilities mix examined in the 2005 Quadrennial Defense 
     Review. However, in the section of the 2005 report defining 
     global strike assets, the Department appears to limit global 
     strike to capability delivered by aircraft or naval 
     platforms, neglecting land-based options. As such, the 
     conferees are concerned that ample consideration is not being 
     given to the full spectrum of options to provide a robust and 
     cost-effective capability to strike time-urgent targets 
     around the globe. The conferees, therefore, want to emphasize 
     the importance of a complete evaluation, considering all air, 
     sea, and land-based capabilities, not limited to 
     intercontinental ballistic missiles, and including mobile, 
     land-based boost glide capabilities. The conferees also 
     direct the Department to include in their 2006 annual 
     report on Prompt Global Strike a full discussion of how 
     the Department plans to close the non-nuclear, long-range 
     precision strike gap.
     Report on alleged clandestine detention facilities for 
         individuals captured in the global war on terrorism
       The Senate amendment contained a provision (sec. 1047) that 
     would require the Director of National Intelligence to 
     provide the members of the Select Committee on Intelligence 
     of the Senate and the Permanent Select Committee on 
     Intelligence of the House of Representatives a detailed 
     report on the cost and operations on any clandestine prison 
     or detention facility currently or formerly operated by the 
     U.S. Government, regardless of location, where detainees in 
     the global war on terrorism are or were held.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees determined that the amendment was outside the 
     jurisdiction of the Committees on Armed Services of the 
     Senate and the House of Representatives.
     Retention on reimbursement for provision of reciprocal fire 
         protection services
       The Senate amendment contained a provision (sec. 1083) that 
     would amend section 1856d of title 42, United States Code, by 
     adding a provision that would require that any funds received 
     by the Department of Defense for fire protection provided 
     pursuant to this statute would be credited to the 
     appropriation fund or account from which the expenses for 
     that fire protection were paid.
       The House bill contained no similar provision.
       The Senate recedes.
     Sense of the Senate on Common Remotely Operated Weapons 
         Station platform
       The Senate amendment contained a provision (sec. 1091) that 
     would require funding for the Common Remotely Operated 
     Weapons Station (CROWS) platform in the request by the 
     President for emergency supplemental

[[Page H13107]]

     appropriations for the Department of Defense for fiscal year 
     2006.
       The House bill contained no similar provision
       The Senate recedes.
       The conferees have strongly supported and will continue to 
     support the development and employment of remote weapon 
     stations on combat vehicles such as the Stryker and on 
     tactical wheeled vehicles such as the M1114 Up-Armored High 
     Mobility Multipurpose Wheeled Vehicle and the Armored 
     Security Vehicle. The conferees understand the benefits 
     provided by remote weapon station platforms such as providing 
     day and night target detection, recognition, and engagement 
     at long distances, while allowing the soldier or marine to 
     remain protected by the confines of an armored vehicle. In 
     particular, the conferees agree with the findings in section 
     1091 regarding the benefits of remote weapon station 
     platforms to include the CROWS platform.
       The conferees agree to authorize an additional $4.0 million 
     in PE 64601A for the continued development of a reduced 
     weight and size configuration of the CROWS platform and an 
     additional $2.0 million in PE 63640M for additional CROWS 
     platforms systems for the U.S. Marine Corps.
     Support for counterdrug activities through bases of operation 
         and training facilities in Afghanistan
       The Senate amendment contained a provision (sec. 1033) that 
     would clarify section 1004 of the National Defense 
     Authorization Act for Fiscal Year 1991 (Public Law 101-510) 
     to authorize the Secretary of Defense to permit the use of 
     U.S. bases of operation or training facilities to facilitate 
     the conduct of counterdrug activities in Afghanistan and 
     counterdrug related Afghan criminal justice activities.
       The House bill contained no similar provision.
       The Senate recedes.
     Technical amendments relating to certain provisions of 
         environmental defense laws
       The Senate amendment contained a provision (sec. 1051) that 
     would make technical amendments to certain provisions of 
     environmental defense laws.
       The House bill contained a provision (sec. 1046) that would 
     make technical and clerical amendments to various provisions 
     of law.
       The Senate recedes.
       The provision that would make technical and clerical 
     amendments to various provisions of law will be included 
     under section 1056.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

                     Legislative Provisions Adopted

                 Subtitle A--Extensions of Authorities

     Extension of eligibility to continue Federal employee health 
         benefits (sec. 1101)
       The House bill contained a provision (sec. 1101) that would 
     authorize certain individuals to elect continued health 
     benefits coverage for up to 18 months after an involuntary or 
     voluntary separation due to a reduction in force.
       The Senate amendment contained an identical provision (sec. 
     1104).
       The conference agreement includes this provision.
     Extension of Department of Defense voluntary reduction in 
         force authority (sec. 1102)
       The House bill contained a provision (sec. 1102) that would 
     extend until September 30, 2010, authority to substitute the 
     voluntary separation of an employee for the separation of 
     another employee who would otherwise be separated due to a 
     reduction in force.
       The Senate amendment contained an identical provision (sec. 
     1101).
       The conference agreement includes this provision.
     Extension of authority to make lump sum severance payments 
         (sec. 1103)
       The House bill contained a provision (sec. 1103) that would 
     extend until the end of fiscal year 2010 the authority of the 
     Secretary of Defense or the secretaries of the military 
     departments to pay an employee the total amount of severance 
     pay in one lump sum.
       The Senate amendment contained an identical provision (sec. 
     1103).
       The conference agreement includes this provision.
     Permanent extension of Science, Mathematics, and Research for 
         Transformation (SMART) defense education program (sec. 
         1104)
       The House bill contained a provision (sec. 1107) that would 
     expand and make permanent the Science, Mathematics, and 
     Research for Transformation (SMART) scholarship for service 
     program, which was established under section 1105 of the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375).
       The Senate amendment contained a similar provision (sec. 
     1105).
       The House recedes with an amendment that would include 
     support for students pursuing associates degrees in the 
     program.
     Authority to waive annual limitation on total compensation 
         paid to Federal civilian employees (sec. 1105)
       The House bill contained a provision (sec. 1105) that would 
     authorize the head of a federal executive agency to waive the 
     limitation on civilian compensation established in section 
     5547 of title 5, United States Code, for an employee who 
     performs work in an overseas location within the U.S. Central 
     Command area of responsibility, in direct support of a 
     military contingency operation. The provision would require 
     that the maximum total compensation allowed would not exceed 
     $200,000, and the authority to waive the limitation on total 
     annual compensation would be limited to fiscal year 2006.
       The Senate amendment contained no similar provision.
       The Senate recedes.

                Subtitle B--Veterans Preference Matters

     Veterans' preference status for certain veterans who served 
         on active duty during the period beginning on September 
         11, 2001, and ending as of the close of Operation Iraqi 
         Freedom (sec. 1111)
       The House bill contained a provision (sec. 1108) that would 
     authorize veterans' preference for civilian federal 
     employment authorized in section 2108(1) of title 5, United 
     States Code, for veterans who have served on active duty for 
     a period of more than 180 consecutive days since September 
     11, 2001, and ending on the date proclaimed as the last date 
     of Operation Iraqi Freedom.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Veterans' preference eligibility for military reservists 
         (sec. 1112)
       The Senate amendment contained a provision (sec. 679) that 
     would clarify that the veterans' preference eligibility for 
     federal hiring authorized under section 2108(1) of title 5, 
     United States Code, is available to military reservists who 
     are discharged or released from active-duty service.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.

                       Subtitle C--Other Matters

     Transportation of family members in connection with the 
         repatriation of Federal employees held captive (sec. 
         1121)
       The House bill contained a provision (sec. 1106) that would 
     authorize the head of a federal agency to provide travel and 
     transportation allowances for three family members of a 
     federal civilian employee, who was held captive and is being 
     repatriated to a site inside or outside the United States. 
     The provision would also authorize waiver of the limitation 
     on the number of family members of an employee who could 
     receive such assistance, under circumstances determined to be 
     appropriate by the head of the agency.
       The Senate amendment contained a similar provision (sec. 
     631(b)(1)) that would authorize travel and per diem 
     allowances for up to three family members of federal civilian 
     employees who are repatriated after being held captive.
       The House recedes to section 631(b)(1) of the Senate 
     amendment with a technical amendment.
     Strategic human capital plan for civilian employees of the 
         Department of Defense (sec. 1122)
       The Senate amendment contained a provision (sec. 1106) that 
     would require the Secretary of Defense to develop a strategic 
     plan for the civilian workforce of the Department of Defense. 
     The plan would include a workforce gap analysis and a plan of 
     action for developing and shaping the Department of Defense 
     civilian workforce to address gaps in critical skills and 
     competencies.
       The House bill contained no similar provision.
       The House recedes with an amendment that would extend the 
     time period for development of the strategic human capital 
     plan from 6 months to 1 year from the date of enactment of 
     this Act, and to require annual updates to the plan and 
     annual reports to the Committees on Armed Services of the 
     Senate and the House of Representatives from 2007 through 
     2010. The amendment would remove the requirement in section 
     1106 that recruitment and retention goals for the civilian 
     workforce not be subject to any limit or constraint on the 
     size of the civilian workforce in the Department.
     Independent study on features of successful personnel 
         management systems of highly technical and scientific 
         workforces (sec. 1123)
       The Senate amendment contained a provision (sec. 1108) that 
     would require the Comptroller General to conduct a study of 
     defense laboratory personnel demonstration authorities and 
     successful management practices utilized by laboratories and 
     facilities with similar technical workforce recruitment and 
     retention challenges.
       The House bill contained no similar provision.
       The House recedes with an amendment that would repeal the 
     requirement that the Comptroller General conduct the study 
     and, also amend the content of the study.
       The conferees direct the Secretary of Defense to commission 
     the National Defense University to conduct an independent 
     study of successful management practices of highly technical 
     workforces.
     Support by Department of Defense of pilot project for 
         Civilian Linguist Reserve Corps (sec. 1124)
       The Senate amendment contained a provision (sec. 1046) that 
     would establish a 3-year pilot project for a Civilian 
     Linguist Reserve Corps within the Department of Defense, 
     comprised of citizens fluent in foreign languages who would 
     be available to provide translation services and related 
     duties. The provision would also require the Secretary of 
     Defense to submit a final report to Congress not later than 6 
     months after the completion of the pilot project on the 
     lessons learned, best practices, and recommendations for full 
     implementation of the Civilian Linguist Reserve Corps.

[[Page H13108]]

       The House bill contained no similar provision.
       The conferees understand that the Director of National 
     Intelligence has entered into a contract with the Department 
     of Defense for services to carry out the pilot project, as 
     authorized under section 613 of the Intelligence 
     Authorization Act of 2005 (Public Law 108-487).
       The House recedes with an amendment that would authorize 
     the Secretary of Defense to support the implementation of the 
     Civilian Linguist Reserve Corps pilot project of the Director 
     of National Intelligence, subject to the availability of 
     appropriated funds, pursuant to section 613.
     Increase in authorized number of Defense Intelligence Senior 
         Executive Service employees (sec. 1125)
       The Senate amendment contained a provision (sec. 1107) that 
     would increase the authorization for the number of Defense 
     Intelligence Senior Executive Service employees by 75 in 
     fiscal year 2006 and by 75 more in fiscal year 2007. The 
     House bill contained no similar provision.
       The House recedes with an amendment that would limit the 
     authorized increase to 50. The conferees believe any further 
     increases must be accompanied by greater justification that 
     addresses increases in intelligence flag and general officer 
     positions, growth in Defense Intelligence Senior Leader 
     positions, and the affect these increases would have on the 
     GS-15 and military 06 inventories in the affected defense 
     agencies.

                   Legislative Provisions Not Adopted

     Authority for heads of agencies to allow shorter length of 
         required service by federal employees after completion of 
         training
       The House bill contained a provision (sec. 1104) that would 
     provide the heads of executive agencies the authority to 
     determine the appropriate length of service an employee must 
     perform in return for training paid for by the U.S. 
     government. The Senate amendment contained no similar 
     provision. The House recedes.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                     Legislative Provisions Adopted

                  Subtitle A--Assistance and Training

     Extension of humanitarian and civic assistance provided to 
         host nations in conjunction with military operations 
         (sec. 1201)
       The House bill contained a provision (sec. 1201) that 
     wouldincrease funding in support of activities to detect and 
     clear landmines. It would also expand medical, dental, and 
     veterinary care to include related education, training, and 
     technical assistance. The Senate amendment contained a 
     similar provision (sec. 1202). The Senate recedes.
     Commanders' Emergency Response Program (sec. 1202)
       The House bill contained a provision (sec. 1202) that would 
     authorize the Secretary of Defense to use up to $500.0 
     million in fiscal year 2006 operations and maintenance 
     funding for increased costs due to Operation Iraqi Freedom 
     and Operation Enduring Freedom for the Commanders' Emergency 
     Response Program (CERP). The CERP program provides commanders 
     in Iraq and Afghanistan funds for use in small humanitarian 
     and reconstruction projects in their areas of responsibility. 
     The provision would require quarterly reports on the source 
     and use of funds pursuant to this program. The provision 
     would prohibit the use of CERP funds for training and 
     equipping the Iraq and Afghanistan national armies, police, 
     and security forces, and it would require the Secretary to 
     issue guidance to the Commander, U.S. Central Command, on the 
     use of CERP funds.
       The Senate amendment contained a similar provision (sec. 
     1201), but provided 2-year authority for the CERP program. 
     The provision did not include a prohibition on use of CERP 
     funds for specified purposes, nor did it require the 
     Secretary to issue CERP guidance.
       The House recedes with an amendment that would provide the 
     Secretary authority to waive any provision of law that would 
     prohibit, restrict, limit, or otherwise constrain 
     implementation of the CERP program in Iraq and Afghanistan. 
     The amendment would also require the Secretary to submit to 
     the congressional defense committees within 30 days of 
     enactment the current guidance for CERP, and to submit to 
     those committees any changes to the CERP guidance within 15 
     days of the issuance of such modified guidance.
       It is the understanding of the conferees that the CERP 
     program is currently being implemented pursuant to the 
     guidance issued by the Comptroller on July 27, 2005. That 
     guidance explicitly prohibits, among other things, the use of 
     CERP funds for providing goods, services, or funds to 
     national armies, National Guard forces, border security 
     forces, civil defense forces, infrastructure protection 
     forces, highway patrol units, police, special police, or 
     intelligence or other security forces. The conferees expect 
     this element of the current CERP guidance to remain in any 
     subsequently issued CERP guidance. The Congress has 
     appropriated significant funds for the specific purpose of 
     training and equipping the Iraq and Afghanistan national 
     armies, police, and security forces, and therefore CERP funds 
     are specifically not intended to be used for that purpose.
       It has come to the attention of the conferees that, as a 
     result of the bidding process for larger CERP projects, some 
     CERP projects have been carried out using foreign labor. 
     Because one of the purposes of CERP is to employ Iraq and 
     Afghanistan residents in local humanitarian and 
     reconstruction projects, the conferees urge that, whenever 
     possible, CERP projects be carried out using local citizens 
     or residents of the country in which the projects are being 
     carried out. The conferees recommend that the CERP guidance 
     be modified to reflect this preference.
     Modification of geographic restriction under bilateral and 
         regional cooperation programs for payment of certain 
         expenses of defense personnel of developing countries 
         (sec. 1203)
       The House bill contained a provision (sec. 1204) that would 
     provide the Secretary of Defense flexibility to pay expenses 
     for personnel from developing countries to attend a 
     conference, seminar, or similar meeting, even if the 
     conference, seminar, or similar meeting takes place in a 
     location that is outside of the combatant commander's area of 
     responsibility in which the developing country is located.
       The Senate amendment contained a similar provision (sec. 
     1203).
       The Senate recedes with a technical amendment.
     Authority for Department of Defense to enter into acquisition 
         and cross-servicing agreements with regional 
         organizations of which the United States is not a member 
         (sec. 1204)
       The House bill contained a provision (sec. 1205) that would 
     authorize the Department of Defense to enter into acquisition 
     and cross-servicing agreements with regional organizations of 
     which the United States is not a member.
       The Senate amendment contained a similar provision (sec. 
     803).
       The Senate recedes.
     Two-year extension of authority for payment of certain 
         administrative services and support for coalition liaison 
         officers (sec. 1205)
       The House bill contained a provision (sec. 1206) that would 
     extend the authority to fund certain administrative services 
     for coalition liaison officers until September 30, 2007.
       The Senate bill contained a similar provision (sec. 1204).
       The Senate recedes.
     Authority to build the capacity of foreign military forces 
         (sec. 1206)
       The Senate amendment contained a provision (sec. 1206) that 
     would provide the Secretary of Defense authority to transfer 
     up to $750.0 million in a fiscal year in funds available to 
     the Department of Defense to the Department of State for the 
     purpose of building the capacity of partner nations' military 
     or security forces to disrupt or destroy terrorist networks, 
     close safe havens, or participate in or support U.S., 
     coalition, or international military or stability 
     operations. The House bill contained no similar provision. 
     The House recedes with an amendment that would provide the 
     President with authority to direct the Secretary of 
     Defense to conduct or support a program to build the 
     capacity of a foreign nation's military forces in order 
     for that nation to conduct counter-terrorist operations 
     and to participate in or support military and stability 
     operations in which the United States is a participant. 
     The program could include the provision of equipment, 
     supplies, and training, and shall promote observance of 
     and respect for human rights and fundamental freedoms and 
     respect for legitimate civilian authority. This authority 
     could not be used to provide assistance that is otherwise 
     prohibited by any provision of law, nor could it be used 
     to provide assistance to any foreign nation that would 
     otherwise be prohibited from receiving such assistance. 
     The provision further requires the Secretary of Defense to 
     jointly formulate with the Secretary of State any program 
     conducted under this authority, and to coordinate with the 
     Secretary of State in its implementation. The provision 
     requires the Secretary of Defense to provide a 
     notification to specified congressional committees before 
     initiating any activities under this authority. This 
     authority would expire on September 30, 2007.
       The provision would also require a report from the 
     President on the strengths and weaknesses of current laws 
     governing and relating to the provision of this type of 
     assistance; recommended changes, if any, to those laws; any 
     organizational and procedural changes that should be made in 
     the Department of Defense and the Department of State to 
     improve their ability to conduct such programs; and the 
     resources and funding mechanisms required to assure adequate 
     funding for such programs.
       The conferees note that under current law, foreign military 
     training programs are conducted exclusively under the 
     authority of the Secretary of State. The conferees believe it 
     is important that any changes in statutory authorities for 
     foreign military assistance do not have unintended 
     consequences for the effective coordination of U.S. foreign 
     policy writ large, nor should they detract from the 
     Department of Defense's focus on its core responsibilities, 
     particularly the warfighting tasks for which it is uniquely 
     suited. The conferees view the provision under this section 
     of limited new authorities for the President to direct the 
     Secretary of Defense to conduct such programs as a 2-year 
     pilot program. The conferees intend to review carefully how 
     that authority is exercised so as to have a basis for 
     determining whether and, if so, in what precise manner, to 
     reauthorize this or provide other authority after the 
     conclusion of the pilot program.

[[Page H13109]]

     An important factor in the conferees' future consideration of 
     this matter will be the report that is to be provided under 
     this section.
     Security and stabilization assistance (sec. 1207)
       The Senate amendment contained a provision (sec. 1207) that 
     would provide the Secretary of Defense authority to use or 
     transfer defense articles, services, training or other 
     support, including support acquired by contract or otherwise, 
     to provide immediate reconstruction, security or 
     stabilization assistance to a foreign country for the purpose 
     of restoring or maintaining peace and security in that 
     country. The provision would permit the Secretary of Defense 
     to transfer funds to the Department of State or any other 
     federal agency for this purpose. The aggregate value of 
     assistance provided or funds transferred under this authority 
     could not exceed $200.0 million in a fiscal year. The House 
     bill contained no similar provision. The House recedes with 
     an amendment that would clarify that the Secretary of Defense 
     may provide to the Secretary of State services, defense 
     articles, and funding up to the amount of $100.0 million in a 
     fiscal year to facilitate the provision by the Secretary of 
     State of reconstruction, security, or stabilization 
     assistance to a foreign country. The amendment would limit 
     this authority to fiscal years 2006 and 2007. The amendment 
     would require the Secretary of Defense, in coordination with 
     the Secretary of State, to notify specified congressional 
     committees of the use of this authority. Any services, 
     defense articles, and funding transferred to the Secretary of 
     State under this authority shall be subject to the Foreign 
     Assistance Act, the Arms Export Control Act, and other laws 
     under which the Secretary of State is authorized to provide 
     such assistance.
       The conferees commend the administration for the steps it 
     is taking to improve U.S. capacity and interagency 
     coordination in planning for, supporting, and conducting 
     stability operations in post-conflict situations. The 
     conferees support the steps the Secretary of Defense is 
     taking to place greater emphasis on the stability operations 
     mission in Department of Defense planning and guidance so 
     that the mission is fully integrated across all Department 
     activities.
       In authorizing this provision, the conferees also express 
     their support for the Department of State Office of the 
     Coordinator for Reconstruction and Stabilization (S/CRS). The 
     mission of S/CRS is to lead, coordinate and institutionalize 
     U.S. government civilian capacity to prevent or prepare for 
     post-conflict situations, and to help stabilize and 
     reconstruct societies in transition from conflict or civil 
     strife. The conferees commend the Department of Defense's 
     active support of and cooperation with S/CRS, and urge the 
     Department of Defense to continue to deepen its 
     coordination with the Department of State on planning for 
     and participating in post-conflict stability operations 
     and reconstruction efforts.
       The conferees view this provision as a temporary authority 
     to provide additional resources, if needed, to the Department 
     of State until S/CRS is fully stood up and adequately 
     resourced. The conferees do not believe it is appropriate, 
     and are not inclined, to provide long-term funding from the 
     Department of Defense to the Department of State so that the 
     Department of State can fulfill its statutory authorities. 
     The conferees urge the administration to request the 
     necessary resources for S/CRS in fiscal year 2007 and future 
     years budget submissions for the Department of State.
     Reimbursement of certain coalition nations for support 
         provided to United States military operations (sec. 1208)
       The House bill contained a provision (sec. 1531) that would 
     authorize the Secretary of Defense to reimburse any key 
     cooperating nation for logistical and military support 
     provided by that nation to, or in connection with U.S. 
     military operations in Iraq, Afghanistan, and the global war 
     on terrorism. The total amount of payments made under the 
     authority of this section during fiscal year 2006 may not 
     exceed $1.5 billion. The Secretary may not enter into any 
     contractual obligation to make payment under the authority of 
     this provision without congressional notification. The 
     Secretary shall notify congressional defense committees not 
     less than 15 days before making any payment under the 
     authority of this section.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Authority to transfer defense articles and provide defense 
         services to the military and security forces of Iraq and 
         Afghanistan (sec. 1209)
       The conferees included a provision that would provide the 
     President authority during fiscal year 2006 to transfer 
     defense articles from the stocks of the Department of 
     Defense, and to provide defense services in connection with 
     the transfer of such defense articles, to the military and 
     security forces of Iraq and Afghanistan in order to support 
     their efforts to restore and maintain peace and security in 
     those countries. The provision would limit to $500,000,000 
     the aggregate value of defense articles to be transferred and 
     defense services to be provided. This authority would be 
     subject to certain authorities and limitations, as specified 
     in this provision, that are applicable to the transfer of 
     excess defense articles under the Foreign Assistance Act (22 
     U.S.C. 2321j). The provision would require the President to 
     submit to specified congressional committees a notification 
     15 days prior to the exercise of this authority. The 
     notification would include: (1) information that is required 
     by specified provisions of the Foreign Assistance Act; (2) 
     the amount and type of defense articles to be transferred and 
     services to be provided, and the brigade-level units from 
     which the defense articles are to be transferred or defense 
     services provided; and (3) the element of the military or 
     security force that is the proposed recipient of each defense 
     article to be transferred or defense service to be provided.
       The conferees note that this provision would require the 
     President to make an assessment that the proposed transfer of 
     defense articles or provision of defense services will not 
     have an adverse impact on the military readiness of the 
     United States. The conferees understand this to mean that the 
     overall readiness of the U.S. Armed Forces would not be 
     adversely impacted. The conferees understand that the 
     readiness of a particular unit could be temporarily impacted 
     following the transfer of defense articles under this 
     provision, and would not expect that fact to prevent the 
     President from exercising this authority.
       The conferees further note that the authority provided by 
     this provision would not permit the transfer of defense 
     articles or the provision of defense services to 
     nongovernmental or irregular forces such as private militias.

     Subtitle B--Nonproliferation Matters and Countries of Concern

     Prohibitions on procurements from Communist Chinese military 
         companies (sec. 1211)
       The House bill contained a provision (sec. 1213) that would 
     prohibit the Secretary of Defense from purchasing goods or 
     services from any foreign person connected to the Chinese 
     military or security forces.
       The Senate amendment contained no similar provision. The 
     Senate recedes with an amendment that would: (1) limit the 
     prohibition to goods and services that are on the U.S. 
     Munitions List; (2) provide for an exception for goods and 
     services procured in connection with a visit by a vessel or 
     an aircraft of the U.S. Armed Forces, for testing, or for the 
     purposes of gathering intelligence; and (3) authorize the 
     Secretary of Defense to waive the prohibition for national 
     security purposes.
     Report on nonstrategic nuclear weapons (sec. 1212)
       The Senate amendment contained a provision (sec. 1208) that 
     would direct the Secretary of Defense, in consultation with 
     the Secretary of State, to conduct a review of United States 
     and Russian nonstrategic nuclear weapons and to submit a 
     report of the results of that review within 6 months of 
     enactment of this Act.
       The House bill contained no similar provision.
       The House recedes with an amendment that would add the 
     Secretary of Energy to the reporting requirement.

          Subtitle C--Reports and Sense of Congress Provisions

     War-related reporting requirements (sec. 1221)
       The House bill contained a provision (sec. 1223) that would 
     direct the Secretary of Defense to submit to the 
     congressional defense committees war-related reports on 
     costs, reconstitution, and military construction for 
     Operation Iraqi Freedom, Operation Enduring Freedom, and 
     Operation Noble Eagle. In addition, the Secretary shall 
     submit to the Comptroller General, no later than 45 days 
     after the end of each reporting month, the Department of 
     Defense Supplemental and Cost of War Execution reports. Based 
     on these reports, the Comptroller General shall provide 
     Congress quarterly updates on war costs.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     report to differentiate costs by operation.
     Quarterly reports on war strategy in Iraq (sec. 1222)
       The Senate amendment contained a provision (sec. 1049a) 
     that would require that at the same time the Secretary of 
     Defense submits to Congress required reports on stability and 
     security in Iraq, the Secretary and appropriate personnel 
     from the Central Intelligence Agency (CIA) shall provide the 
     appropriate committees of Congress a briefing on the strategy 
     for the war in Iraq.
       The House bill contained no similar provision.
       The House recedes with an amendment that would include the 
     House Permanent Select Committee on Intelligence and the 
     Senate Select Committee on Intelligence in the briefings and 
     that these briefings terminate after 12 of the quarterly 
     briefings have been provided, or December 31, 2008, whichever 
     is later. The conferees acknowledge that the portion of the 
     briefing presented by the CIA will focus on the latest 
     intelligence assessments regarding the war in Iraq.
     Report on records of civilian casualties in Afghanistan and 
         Iraq (sec. 1223)
       The Senate amendment contained a provision (sec. 1048) that 
     would require the Secretary of Defense to submit a report to 
     appropriate committees of Congress with information on 
     records of civilian casualties in Afghanistan and Iraq. The 
     report shall be

[[Page H13110]]

     submitted not later than 90 days after the enactment of this 
     Act. This provision does not require U.S. Armed Forces to 
     collect any additional information on civilian casualties 
     other than what is currently collected.
       The House bill contained no similar provision.
       The House recedes with amendment.
     Annual report on Department of Defense costs to carry out 
         United Nations resolutions (sec. 1224)
       The Senate amendment contained a provision (sec. 1087) that 
     would require an annual report on the costs incurred by the 
     Department of Defense in implementing or supporting 
     resolutions of the United Nations Security Council.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     Report on claims related to the bombing of the LaBelle 
         Discotheque (sec. 1225)
       The Senate amendment contained a provision (sec. 1089) that 
     would require a report on claims by U.S. citizens relating to 
     the bombing of the LaBelle Discotheque in Berlin, Germany.
       The House bill contained no similar provision.
       The House recedes.
     Sense of Congress concerning cooperation with Russia on 
         issues pertaining to missile defense (sec. 1226)
       The House bill contained a provision (sec. 1224) that would 
     express the sense of Congress that cooperation between the 
     United States and Russia with regard to missile defense is in 
     the interest of the United States and that the United States 
     should explore innovative and nontraditional means of 
     cooperation with Russia in the area of missile defense.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would include 
     implementation of the Moscow Joint Data Exchange Center as an 
     additional possibility for cooperation with Russia with 
     respect to missile defense.
     United States policy on Iraq (sec. 1227)
       The Senate amendment contained a provision (sec. 1211) that 
     would express a sense of the Senate about the policy on Iraq 
     that included, among other provisions, a recognition that the 
     members of the U.S. armed forces who are serving or have 
     served in Iraq and their families deserve the utmost respect 
     and the heartfelt gratitude of the American people; that the 
     Iraqi people have made enormous sacrifices; that calendar 
     year 2006 should be a period of significant transition to 
     Iraqi sovereignty, with the security forces taking the lead, 
     thereby creating the conditions for the phased redeployment 
     of U.S. forces from Iraq; and that the administration should 
     tell the leaders of all groups and political parties in Iraq 
     that they need to make the compromises necessary to achieve a 
     broad-based and sustainable political settlement.
       The provision would also direct that not later than 90 days 
     after the date of the enactment of this Act, and every 3 
     months thereafter, the President shall submit to Congress a 
     report on U.S. policy and military operations in Iraq. This 
     report is in addition to the various reports, briefings, and 
     updates the President and his other senior officials have 
     provided on a routine basis. The provision contained a list 
     of conditions that shall be addressed in the report.
       The House bill contained no similar provision.
       The House recedes with an amendment that would permit the 
     President to submit a classified annex, recognizes the 
     progress of the Iraqi Security Forces, and that the 
     professional military judgment of our senior military should 
     be a key factor in future decisions.
       The conferees acknowledge that the President has delivered 
     over 24 major speeches on Iraq and provided Congress and the 
     American people with a National Strategy for Victory in Iraq 
     on November 30, 2005.

                       Subtitle D--Other Matters

     Purchase of weapons overseas for force protection purposes in 
         countries in which combat operations are ongoing (sec. 
         1231)
       The House bill contained a provision (sec. 1221) that would 
     permit the Secretary of Defense to purchase weapons from any 
     foreign person, foreign government, international 
     organization, or other entity located in a country in which 
     U.S. combat personnel are engaged in military operations for 
     the purpose of protecting those personnel. The provision 
     would limit the amount expended during any fiscal year for 
     this purpose to $15.0 million. The provision would also 
     require an annual report on the use of this authority.
       The Senate amendment contained a similar provision (sec. 
     324) that would permit weapons purchased under this authority 
     to be destroyed, and would require the Secretary of Defense 
     to promptly notify the congressional defense committees of 
     any use of this authority.
       The Senate recedes with an amendment that would require a 
     semiannual report on the use of this authority.
       The conferees note that this provision does not provide the 
     Secretary of Defense authority to transfer weapons purchased 
     under this authority to military and security forces of a 
     foreign country. The conferees further note that authority in 
     this section is intended for use by the U.S. Armed Forces 
     during ongoing military operations. On those occasions when 
     the Secretary of Defense uses this authority during military 
     operations in a country in which a wider internationally-led 
     disarmament, demobilization, and reintegration (DDR) program, 
     such as those that took place in Bosnia or Afghanistan, is 
     taking place, the conferees believe that the Secretary of 
     Defense should closely consult and coordinate with the 
     Secretary of State to ensure that actions taken pursuant to 
     the authority of this section complements, or is integrated 
     with, such an internationally-led program or utilizes best 
     practices for such DDR programs.
     Riot control agents (sec. 1232)
       The Senate amendment contained a provision (sec. 1080) that 
     would restate current U.S. policy on riot control agents, and 
     require a report on the use of riot control agents by members 
     of the Armed Forces.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
       The conferees note that the report required by this 
     provision should include a description of the doctrinal 
     publications and any other resources made available to 
     members of the Armed Forces regarding the tactical employment 
     of riot control agents. The report should also include a 
     discussion of whether riot control agent inventories are 
     sufficient in numbers and type to meet existing requirements.
     Requirement for establishment of certain criteria applicable 
         to Global Posture Review (sec. 1233)
       The House bill contained a provision (sec. 1222) that would 
     require the Secretary of Defense to develop criteria, as part 
     of the Global Posture Review, for assessing the costs and 
     benefits of deploying to particular overseas locations and 
     for establishing new overseas facilities.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would clarify the 
     reporting requirements. The amendment would also add a 
     requirement for the Secretary to notify the congressional 
     defense committees within 30 days after the United States 
     enters into an agreement with a foreign country to support 
     the deployment of elements of the U.S. Armed Forces in that 
     country.
       The conferees are concerned that the implementation of the 
     Integrated Global Basing and Presence Strategy (IGPBS) may 
     result in higher costs for the Department of Defense, new 
     requirements for strategic mobility assets, and an increased 
     deployment tempo for military units and personnel. The 
     conferees intend for the Secretary to develop criteria and a 
     mechanism for the analysis of alternatives to assess the 
     impact of basing decisions on various aspects of military 
     operations and to submit a report to Congress detailing these 
     considerations by March 30, 2006. The conferees also expect 
     the Secretary to include in the annual budget submission of 
     the Department a clear account of all proposed expenditures 
     associated with the implementation of the IGPBS.
       The conferees note that certain factors to be assessed in 
     the report required by this provision apply to agreements 
     with host nations, while other factors depend on the specific 
     nature of the overseas facility. The conferees expect the 
     Secretary to develop criteria and to provide the most 
     comprehensive assessment possible for each overseas facility 
     subject to a new basing arrangement.
     The United States-China Economic Security Review Commission 
         (sec. 1234)
       The Senate amendment contained a provision (sec. 1210) that 
     would note certain findings of the 2004 Report to Congress of 
     the United States-China Economic and Security Review 
     Commission. The provision would also express the sense of 
     Congress that the President should take immediate steps to 
     establish a plan to address the emergence of China 
     economically, diplomatically, and militarily; to promote 
     mutually beneficial trade relations with China; and to 
     encourage China's adherence to international norms in the 
     areas of trade, international security, and human rights.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.

                   Legislative Provisions Not Adopted

     Military educational exchanges between senior officers and 
         officials of the United States and Taiwan
       The House bill contained a provision (sec. 1203) that would 
     require the Secretary of Defense to undertake a program of 
     senior military officer and senior official exchanges with 
     Taiwan designed to improve Taiwan's defenses against the 
     People's Liberation Army of the People's Republic of China.
       The Senate amendment contained no similar provision.
       The House recedes.
     Procurement sanctions against foreign persons that transfer 
         certain defense articles and services to the People's 
         Republic of China
       The House bill contained a provision (sec. 1212) that would 
     prohibit the Secretary of Defense from purchasing goods or 
     services from any entity that knowingly transfers an item 
     that is on the U.S. Munitions List to the People's Republic 
     of China.
       The Senate amendment contained no similar provision.
       The House recedes.

[[Page H13111]]

     Prohibition on engaging in certain transactions
       The Senate amendment contained a provision (sec. 1205) that 
     would increase the statutory limit on civil penalties under 
     the International Emergency Economic Powers Act and codify 
     certain application of U.S. sanctions laws.
       The House bill contained no similar provision.
       The Senate recedes.
     Report on acquisition by Iran of nuclear weapons
       The House bill contained a provision (sec. 1211) that would 
     express the sense of Congress that preventing Iranian 
     acquisition or development of weapons of mass destruction and 
     their associated delivery systems remains the paramount goal 
     of U.S. policy toward Iran. The provision would also require 
     the Secretary of Defense and the Chairman of the Joint Chiefs 
     of Staff to provide a report assessing the strategic 
     implications of Iranian acquisition of nuclear weapons.
       The Senate amendment contained no similar provision.
       The House recedes.
     Sense of Congress on support for Nuclear Non-Proliferation 
         Treaty
       The Senate amendment contained a provision (sec. 1209) that 
     would express a sense of the Congress on support for the 
     Nuclear Non-Proliferation Treaty (NPT).
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees reaffirm their support for the objectives of 
     the NPT and for all appropriate measures to strengthen the 
     NPT and to attain its objectives. The conferees call on all 
     parties to the NPT:
       (1) to support compliance with treaty obligations and to 
     undertake effective enforcement measures against states that 
     are in violation of their obligations under the Treaty;
       (2) to agree to establish more effective controls on 
     enrichment and reprocessing technologies that can be used to 
     produce materials for nuclear weapons;
       (3) to expand and support the International Atomic Energy 
     Agency efforts to inspect and monitor compliance with 
     safeguards and standards to which all states should adhere 
     through existing authority and the additional protocols 
     signed by the states party to the NPT;
       (4) to demonstrate the international community's unified 
     opposition to a nuclear weapons program in Iran by supporting 
     efforts of the United States and the European Union to 
     prevent the Government of Iran from acquiring a nuclear 
     weapons capability and using all appropriate diplomatic means 
     at their disposal to convince the Government of Iran to 
     abandon its uranium enrichment program;
       (5) to support strongly the ongoing U.S. 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;
       (6) 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;
       (7) to accelerate, wherever practicable, programs to 
     safeguard and eliminate nuclear weapons-usable material to 
     the highest standards to prevent access by terrorists and 
     governments;
       (8) to halt the use of highly enriched uranium in civilian 
     reactors;
       (9) to strengthen national and international export 
     controls and relevant security measures as required by United 
     Nations Security Council Resolution 1540;
       (10) to agree that no state may withdraw from the NPT and 
     escape responsibility for prior violations of the Treaty or 
     retain access to controlled materials and equipment acquired 
     for ``peaceful'' purposes;
       (11) to call for reduction in the world's stockpile of 
     nuclear weapons consistent with obligations and commitments 
     under the Treaty, for a moratorium on production of weapons 
     grade fissile materials, and for progress on negotiation of a 
     fissile material cut-off treaty; and (12) to strengthen and 
     expand support for the Proliferation Security Initiative.

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

                     Legislative Provisions Adopted

     Specification of Cooperative Threat Reduction programs and 
         funds (sec. 1301)
       The House bill contained a provision (sec. 1301) that would 
     define the programs that are Cooperative Threat Reduction 
     (CTR) programs, define the funds for CTR programs as those 
     authorized to be appropriated in section 301 of this Act, and 
     specify that CTR funds shall remain available for obligation 
     for three fiscal years.
       The Senate amendment contained an identical provision (sec. 
     1301).
       The conference agreement includes this provision.
     Funding allocations (sec. 1302)
       The House bill contained a provision (sec. 1302) that would 
     authorize $415.5 million for the Cooperative Threat Reduction 
     (CTR) program. The provision would also authorize specific 
     amounts for each CTR program element, require notification to 
     Congress 30 days before the Secretary of Defense obligates 
     and expends fiscal year 2006 funds for purposes other than 
     those specifically authorized, and provide limited authority 
     to obligate amounts for a CTR program element in excess of 
     the amount specifically authorized for that purpose.
       The Senate amendment contained a similar provision (sec. 
     1302).
       The House recedes.
     Permanent waiver of restrictions on use of funds for threat 
         reduction in states of the former Soviet Union (sec. 
         1303)
       The House bill contained a provision (sec. 1304) that would 
     provide the President with the authority for calendar years 
     2005, 2006, and 2007 to waive a former Soviet Union state's 
     eligibility requirements for receiving Cooperative Threat 
     Reduction (CTR) funds, provided that the President certifies 
     to Congress that a waiver is important to the national 
     security interests of the United States, and submits a more 
     detailed report that describes both the activity or 
     activities that prevent eligibility and a strategy, plan, or 
     policy for addressing eligibility shortfalls.
       The Senate amendment contained a provision (sec. 1303) that 
     would make permanent the President's authority to waive, on 
     an annual basis, a former Soviet Union state's eligibility 
     requirements for receiving CTR funds, provided that the 
     President certifies to Congress that a waiver is important to 
     the national security interests of the United States, and 
     submits a more detailed report that describes both the 
     activity or activities that prevent eligibility and a 
     strategy, plan, or policy for addressing eligibility 
     shortfalls.
       The House recedes.
     Report on elimination of impediments to threat-reduction and 
         nonproliferation programs in the former Soviet Union 
         (sec. 1304)
       The House bill contained a provision (sec. 1305) that would 
     require the President to submit to the Congress a report on 
     impediments to the effective execution of threat reduction 
     programs in the states of the former Soviet Union.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment.
       The conferees note that despite the importance of programs 
     and activities to assist in securing weapons of mass 
     destruction and related materials in the states of the former 
     Soviet Union, the effective conduct of such programs has been 
     impeded by numerous legal and administrative disagreements 
     regarding a variety of issues, including access to sites, 
     liability, and taxation. However, in some cases it has been 
     possible to resolve such disagreements through committed and 
     high-level discussions between governments.
     Repeal of requirement for annual Comptroller General 
         assessment of annual Department of Defense report on 
         activities and assistance under Cooperative Threat 
         Reduction programs (sec. 1305)
       The Senate amendment contained a provision (sec. 1305) that 
     would repeal the requirement for the Comptroller General to 
     provide to Congress an assessment of the annual Department of 
     Defense report to Congress on the Cooperative Threat 
     Reduction programs.
       The House bill contained no similar provision.
       The House recedes.

                   Legislative Provisions Not Adopted

     Authority to obligate weapons of mass destruction 
         proliferation prevention funds for nuclear weapons 
         storage security
       The House bill contained a provision (sec. 1303) that would 
     authorize the Secretary of Defense to obligate fiscal year 
     2006 funds appropriated for the Cooperative Threat Reduction 
     (CTR) weapons of mass destruction proliferation prevention 
     initiative for nuclear storage security, provided that the 
     Secretary provides 15 day advance written notification and 
     justification to Congress.
       The Senate amendment contained no similar provision.
       The House recedes.
       The conferees note that in a February 2005 joint statement, 
     the President of the United States and the President of the 
     Russian Federation declared their intent to expand and deepen 
     cooperation on nuclear security with the goal of enhancing 
     the security of nuclear facilities. If the United States and 
     Russia reach agreement on additional projects in this area, 
     it may be necessary for the Department of Defense to allocate 
     additional CTR funds for the nuclear weapons storage security 
     program. The Department may choose to obligate funds 
     authorized for weapons of mass destruction proliferation 
     prevention for nuclear weapons storage security, subject to 
     the notification and justification process described in 
     section 1302 of this Act.
     Modification of authority to use Cooperative Threat Reduction 
         funds outside the former Soviet Union
       The Senate amendment contained a provision (sec. 1304) that 
     would modify the authority of the Department of Defense to 
     use Cooperative Threat Reduction funds outside the former 
     Soviet Union by changing the existing requirement for a 
     presidential determination and certification to a requirement 
     for a determination and certification made by the Secretary 
     of Defense, with the concurrence of the Secretary of State.
       The House bill contained no similar provision.
       The Senate recedes.
     Removal of certain restrictions on provision of cooperative 
         threat reduction assistance
       The Senate amendment contained a provision (sec. 1306) that 
     would repeal all of the

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     existing eligibility and certification requirements that must 
     be met or waived in order for states of the former Soviet 
     Union to receive Cooperative Threat Reduction assistance.
       The House bill contained no similar provision.
       The Senate recedes.

                TITLE XIV--MATTERS RELATING TO DETAINEES

     Legislative Provision Adopted
       Matters relating to detainees (secs. 1401-1406)
       The Senate amendment contained three provisions (secs. 
     1074, 1075, and 1092) relating to detainees. The first 
     provision (sec. 1074) would provide uniform standards for the 
     interrogation of persons under the detention of the 
     Department of Defense. The second provision (sec. 1075) would 
     prohibit cruel, inhuman, or degrading treatment or punishment 
     of persons under the custody or control of the U.S. 
     Government. The third provision (sec. 1092) would provide 
     procedures for the legal review of detainees held by the 
     Department at Guantanamo Bay, Cuba.
       The House bill contained no similar provisions.
       The House recedes with an amendment that would establish a 
     new title of the bill addressing matters relating to 
     detainees.
       Section 1401 would designate the title as the ``Detainee 
     Treatment Act of 2005.''
       Section 1402 contains the text of Senate section 1074 
     without change.
       Section 1403 contains the text of Senate section 1075 
     without change.
       Section 1404 is a new provision.
       Subsection (a) would provide an affirmative defense in any 
     civil action or criminal prosecution against an officer, 
     employee, member of the armed forces, or other agent of the 
     U.S. Government, who is a U.S. person, arising out of the 
     person's engaging in specific operational practices involving 
     detention or interrogation of aliens who the President or his 
     designees have determined are believed to be engaged in or 
     associated with international terrorist activity that poses a 
     serious, continuing, threat to the U.S., its interests, or 
     its allies. If the practices were officially authorized and 
     determined to be lawful at the time they were conducted, it 
     would be a defense that the person did not know that the 
     practices were unlawful and that a person of ordinary sense 
     and understanding would not know that they were unlawful. 
     Good faith reliance on advice of counsel would be an 
     important factor, among others, to consider in assessing 
     whether a person of ordinary sense and understanding would 
     have known the practices to be unlawful. Nothing in this 
     section is to be construed to limit or extinguish any 
     defense or protection otherwise available to any person or 
     entity from suit or civil or criminal liability, or to 
     provide immunity from prosecution for any criminal offense 
     by the proper authorities.
       Subsection (b) would authorize the United States Government 
     to provide or employ counsel, pay counsel fees, court costs, 
     bail, and other expenses incident to the representation of 
     any such person with respect to any civil action or criminal 
     prosecution arising out of practices described in subsection 
     (a), whether brought inside or outside the U.S., under the 
     same conditions and to the same extent to which such services 
     and payments are authorized under section 1037 of title 10, 
     United States Code.
       Section 1405 would address the procedures for legal review 
     of detainees held by the Department.
       Subsection (a) would require the Secretary of Defense to 
     submit the Department of Defense procedures for status review 
     of detainees at Guantanamo Bay, Cuba, and in Afghanistan, and 
     Iraq to the appropriate congressional committees. It would 
     also require that the official designated by the President or 
     Secretary of Defense to be the final review authority with 
     respect to the determinations of the administrative tribunals 
     (the ``Designated Civilian Official'') be a civilian officer 
     of the Department of Defense who is appointed by the 
     President with the advice and consent of the Senate. The 
     conferees expect the Designated Civilian Official to 
     accomplish final review of the decisions of the tribunals in 
     an expeditious fashion.
       Subsection (b) would require that a Combatant Status Review 
     Tribunal and an Administrative Review Board (or similar or 
     successor administrative tribunal or board) for detainees at 
     Guantanamo Bay, Cuba determine whether any statement derived 
     from or relating to a detainee was obtained as a result of 
     coercion and if so, the probative value (if any) of any such 
     statement.
       Subsection (c) would require the Secretary of Defense to 
     submit a report on any modification to the procedures 
     submitted under subsection (a).
       Subsection (d) would require the Secretary of Defense to 
     submit to Congress an annual report on the annual review 
     process for aliens in the custody of the Department of 
     Defense outside the United States.
       Subsection (e) would provide for judicial review of 
     detainees held at Guantanamo Bay, Cuba.
       Paragraph (1) would amend section 2241 of title 28, United 
     States Code, to provide that, except as provided in this 
     section, no court, justice, or judge shall have jurisdiction 
     to hear or consider: (1) an application for a writ of habeas 
     corpus filed by or on behalf of an alien detained by the 
     Department at Guantanamo Bay, Cuba; or (2) any other action 
     against the United States or its agents relating to any 
     aspect of such detention by an alien who remains in military 
     custody or for whom the U.S. Court of Appeals for the 
     District of Columbia Circuit has determined that such 
     detention was proper.
       Paragraph (2) would provide for direct judicial review, in 
     the U.S. Court of Appeals for the District of Columbia 
     Circuit, of the validity of any final decision of a Combatant 
     Status Review Tribunal that an alien detained by the 
     Department of Defense at Guantanamo Bay, Cuba is properly 
     detained as an enemy combatant.
       Paragraph (3) would provide for direct judicial review, in 
     the U.S. Court of Appeals for the District of Columbia 
     Circuit, of the validity of any final decision pursuant to 
     Military Commission Order No. 1 dated August 31, 2005, (or 
     any successor military order) regarding an alien detained by 
     the Department at Guantanamo Bay, Cuba.
       Paragraph (4) would provide that the Secretary shall be the 
     named respondent in any appeal under this provision.
       Subsection (f) would provide that nothing in section 1705 
     shall be construed to confer any constitutional right on an 
     alien detained as an enemy combatant outside the United 
     States.
       Subsection (g) would define the term ``United States.''
       Subsection (h) would establish the effective date of the 
     provision.
       Section 1406 is a new provision that would require the 
     Secretary to prescribe policies to ensure that all personnel 
     of Iraqi military forces who are trained by Department 
     personnel or contractors receive training regarding the 
     international obligations and laws applicable to the humane 
     detention of detainees, including protections afforded under 
     the Geneva Conventions and the Convention against Torture. It 
     would also require that the unclassified portions of the Army 
     Field Manual on Intelligence Interrogation be translated into 
     Arabic and other appropriate languages for use by the Iraqi 
     security forces, and be distributed to appropriate officials 
     of the Iraqi government. American military personnel are 
     trained and encouraged to lead by example. The conferees 
     intend that our personnel set the example for the new Iraqi 
     democracy by demonstrating the commitment to the rule of law 
     that is essential to armed forces in a democratic state. The 
     conferees also urge that the translated version of the Field 
     Manual be given broad distribution throughout the Iraqi 
     security forces, including to field and company-grade 
     officers and noncommissioned officers.

  TITLE XV--AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI 
                 FREEDOM AND OPERATION ENDURING FREEDOM

     Overview
       The House bill contained a title (title XV) that would 
     provide new authorizations of appropriations of $49.1 billion 
     for ongoing operations in Iraq and Afghanistan. The title 
     also contains reporting requirements and general provisions.
       The Senate amendment contained a similar title (title XIV) 
     that would authorize $50.0 billion for ongoing operations in 
     Iraq and Afghanistan. The provision also contained reporting 
     requirements and general provisions.
       The conferees recommend a title that provides new 
     authorization of appropriations of $50.0 billion for ongoing 
     operations in Iraq and Afghanistan. The title also contains 
     reporting requirements and general provisions.
     Summary table of authorization
       The following table summarizes authorizations included in 
     the bill for ongoing operations in Iraq and Afghanistan for 
     fiscal year 2006.

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                       Items of Special Interest

     Advanced First Responder Network
       The conferees are aware of the efforts to deploy the 
     Advanced First Responder Network (AFRN) in Iraq which will 
     begin to address: (1) the requirement of mission-critical 
     public-safety communications capabilities and allow for 
     coordination of security planning and execution; (2) rapid 
     data collection and analysis of changing security threats; 
     (3) rapid coordination and deployment of security assets to 
     address threats; (4) effective planning to prevent and reduce 
     future security threats; and (5) a more secure environment 
     that will foster democracy and economic development. The AFRN 
     infrastructure in Iraq has been designed to accommodate the 
     entire country, and critical infrastructure such as 
     pipelines. The conferees support this effort and, with funds 
     available in this legislation and prior appropriations acts, 
     encourage that reconstruction efforts to continue to place a 
     high value on completion of an integrated security network 
     with the deployment of AFRN and related advanced networks.

                     Legislative Provisions Adopted

     Purpose (sec. 1501)
       The House bill contained a provision (sec. 1501) that would 
     establish a title as an authorization of appropriations for 
     the Department of Defense for fiscal year 2006, in addition 
     to amounts otherwise authorized in this Act, to provide funds 
     for additional costs due to Operation Iraqi Freedom and 
     Operation Enduring Freedom.
       The Senate amendment contained a similar provision (sec. 
     1401).
       The Senate recedes with an amendment that would conform 
     this title in accordance with section 402 of H.Con.Res. 95 
     (109th Congress), the Concurrent Resolution on the Budget for 
     Fiscal Year 2006.
     Army Procurement (sec. 1502)
       The House bill contained a provision (sec. 1502) that would 
     authorize an additional $2,625.7 million in fiscal year 2006 
     for Army Procurement.
       The Senate amendment contained provisions (secs. 1403 and 
     1405) that would authorize $834.6 million in fiscal year 2006 
     for Army Procurement, and provide the Secretary of the Army 
     with the flexibility to procure up armored high mobility 
     multipurpose wheeled vehicles and add on armor for tactical 
     wheeled vehicles.
       The House recedes with an amendment that would recommend an 
     authorization of $2,295.4 million in fiscal year 2006 for 
     Army Procurement. This provision would also provide the 
     Secretary of the Army with the flexibility to procure up 
     armored high mobility multipurpose wheeled vehicles and add 
     on armor for tactical wheeled vehicles.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Navy and Marine Corps Procurement (sec. 1503)
       The House bill contained a provision (sec. 1503) that would 
     authorize an additional $642.2 million in fiscal year 2006 
     for Navy and Marine Corps Procurement.
       The Senate amendment contained a provision (sec. 1404) that 
     would authorize an additional $914.2 million in fiscal year 
     2006 for Navy and Marine Corps Procurement, and provide the 
     Secretary of the Navy with the flexibility to procure up-
     armored high mobility multipurpose wheeled vehicles and add-
     on armor for tactical wheeled vehicles.
       The House recedes with an amendment that would provide an 
     additional authorization of $864.0 million in fiscal year 
     2006 for Navy and Marine Corps Procurement. The provision 
     would also provide the Secretary of the Navy with the 
     flexibility to procure up-armored high mobility multipurpose 
     wheeled vehicles and add-on armor for tactical wheeled 
     vehicles.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Air Force Procurement (sec. 1504)
       The Senate amendment contained a provision (sec. 1407) that 
     would authorize an additional $375.1 million in fiscal year 
     2006 for Air Force Procurement.
       The House bill contained no similar provision.
       The House recedes with an amendment that would provide an 
     additional authorization of $214.0 million in fiscal year 
     2006 for Air Force Procurement.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Defense-wide activities procurement (sec. 1505)
       The House bill contained a provision (sec. 1504) that would 
     authorize an additional $103.9 million in fiscal year 2006 
     for Procurement, Defense-wide.
       The Senate amendment contained no similar provision.
       The Senate recedes.
       The conferees recommend an authorization of $103.9 million 
     in fiscal year 2006 for Procurement, Defense-wide.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Research, Development, Test, and Evaluation (sec. 1506)
       The House bill contained a provision (sec. 1505) that would 
     authorize an additional $75.0 million in fiscal year 2006 for 
     Research, Development, Test, and Evaluation, Defense-wide 
     Activities.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would provide an 
     additional authorization of $75.0 million in fiscal year 2006 
     for Research, Development, Test, and Evaluation, Defense-wide 
     Activities; and an additional authorization of $8.7 million 
     for Research, Development, Test, and Evaluation, Army.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Operation and Maintenance (sec. 1507)
       The House bill contained a provision (sec. 1506) that would 
     authorize an additional $30,186.4 million in fiscal year 2006 
     for operation and maintenance programs.
       The Senate amendment contained a similar provision (sec. 
     1409) that would authorize an additional $32,000.4 million in 
     fiscal year 2006 for operation and maintenance programs.
       The conferees recommend an additional authorization of 
     $27,531.5 million in fiscal year 2006 for operation and 
     maintenance programs.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Defense Working Capital Funds (sec. 1508)
       The House bill contained a provision (sec. 1507) that would 
     authorize an additional $1,700.0 million in fiscal year 2006 
     for the Defense Working Capital Fund.
       The Senate amendment contained no similar provision.
       The Senate recedes.
       The conferees recommend an additional authorization of 
     $1,700.0 million in fiscal year 2006 for the Defense Working 
     Capital Fund.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Defense Health Program (sec. 1509)
       The House bill contained a provision (sec. 1508) that would 
     authorize an additional $846.0 million in fiscal year 2006 
     for Defense Health Program activities.
       The Senate amendment contained a similar provision (sec 
     1410) that would authorize an additional $977.8 million in 
     fiscal year 2006 for Defense Health Program activities.
       The conferees recommend an additional authorization of 
     $178.4 million in fiscal year 2006 for Defense Health Program 
     activities.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Military Personnel (sec. 1510)
       The House bill contained a provision (sec. 1509) that would 
     authorize an additional $9,390.0 million in the fiscal year 
     2006 for military personnel accounts.
       The Senate amendment contained a similar provision (sec. 
     1411) that would authorize an additional $11,596.0 million in 
     the fiscal year 2006 for military personnel accounts.
       The conferees recommend an additional authorization of 
     $11,788.3 million in the fiscal year 2006 for military 
     personnel accounts.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Iraq Freedom Fund (sec. 1511)
       The House bill contained provisions (secs. 1510 and 1511) 
     that would authorize an additional $3,500.0 million in fiscal 
     year 2006 for costs of ongoing military operations in Iraq 
     and Afghanistan. Section 1510 would authorize an additional 
     $1.0 billion for the Iraq Freedom Fund. Section 1511 would 
     authorize an additional $2.5 billion for classified programs.
       The Senate amendment contained similar provisions (secs. 
     1406, 1408, and 1412) that would authorize an additional $3.3 
     billion for ongoing military operations in Iraq and 
     Afghanistan. Of those funds, no less than $500.0 million 
     would be made available for activities of the Joint 
     Improvised Explosive Device (IED) Task Force.
       The House recedes with an amendment that would provide an 
     additional authorization of $5,240.7 billion in fiscal year 
     2006 for an Iraq Freedom Fund transfer account. Of those 
     funds, no less than $2.5 billion shall be made available for 
     classified programs, and no less than $1.0 billion shall be 
     made available to the Joint IED Task Force.
       Unless noted explicitly in the statement of managers, all 
     changes are made without prejudice.
     Treatment as additional authorizations (sec. 1512)
       The House bill contained a provision (sec. 1512) that would 
     provide that the funds authorized in title XV of their bill 
     for emergency contingency operations related to Operation 
     Iraqi Freedom and Operation Enduring Freedom are in addition 
     to the amounts otherwise authorized in this Act.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Transfer authority (sec. 1513)
       The House bill contained a provision (sec. 1513) that would 
     provide fiscal year 2006 transfer authority of $3.0 billion 
     to the Department of Defense for the authorizations contained 
     in title XV of their bill.
       The Senate amendment contained a similar provision (sec. 
     1413).
       The House recedes with an amendment that would provide 
     fiscal year 2006 transfer authority of $2.5 billion to the 
     Department for the authorizations contained in this title.
     Availability of funds (sec. 1514)
       The House bill contained a provision (sec. 1514) that would 
     require the funds provided

[[Page H13124]]

     in title XV be made available for obligation by the end of 
     the second quarter of fiscal year 2006.
       The Senate amendment contained no similar provision.
       The Senate recedes.

                   Legislative Provisions Not Adopted

     Designation of emergency authorization
       The Senate amendment contained a provision (sec. 1402) that 
     would authorize $50.0 billion in fiscal year 2006 to support 
     emergency contingency operations related to the global war on 
     terrorism.
       The House bill contained no similar provision.
       The Senate recedes.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

     Explanation of funding tables
       Division B of this Act authorizes funding for military 
     construction projects of the Department of Defense. It 
     includes funding authorizations for the construction and 
     operation of military family housing and military 
     construction for the reserve components, the defense 
     agencies, and the North Atlantic Treaty Organization Security 
     Investment program. It also provides authorization for the 
     base closure account that funds environmental cleanup and 
     other activities associated with the implementation of base 
     closure rounds.
       The budget request for fiscal year 2006 included 
     authorization of appropriations for military construction and 
     housing programs totaling $12,051.6 million. Of this amount, 
     the budget request included authorization of appropriations 
     for $1,880.5 million to implement the results of the 2005 
     defense base closure and realignment round. The amount 
     authorized for appropriation is included in the following 
     table in a line designated Base Realignment and Closure V.
       The House bill would authorize appropriations totaling 
     $12,146.6 million for military construction and family 
     housing programs.
       The Senate amendment would authorize appropriations 
     totaling $12,044.5 million for military construction and 
     family housing programs.
       The conferees agree to authorize appropriations of 
     $12,419.5 million for the military construction and family 
     housing accounts of the Department for fiscal year 2006. When 
     the impact of $252.9 million in prior year rescissions 
     enacted in the Military Construction, Quality of Life, and 
     Veterans Appropriations Act, 2006 (Public Law 109-114) is 
     included, the conference agreement is consistent with a 
     budget authority level of $12,166.6 million for military 
     construction and family housing programs.
       The following tables provide the project-level 
     authorizations for the military construction funding 
     authorized in division B of this Act and summarize that 
     funding by account.

                       Items of Special Interest

     Unspecified minor construction accounts
       The conferees direct that, within authorized amounts for 
     unspecified minor construction for each service component, 
     the Secretary concerned shall carry out the following 
     projects:

----------------------------------------------------------------------------------------------------------------
                                                                                              Amount
                                                                                --------------------------------
            Location                  Installation              Project                                   ($
                                                                                      Component       Thousands)
----------------------------------------------------------------------------------------------------------------
Arizona.........................   Marana............   Fire Station...........   Army NG..........        1,499
New Jersey......................   Atlantic City IAP.   Construct Arm/Disarm      Air NG...........        1,500
                                                        Apron.
Oklahoma........................   McAlester AAP.....   Construct High            Army.............        1,100
                                                        Explosive Magazine.
Washington......................   Camp Murray.......   Homeland Security         Army NG..........        1,424
                                                        Education Center.
----------------------------------------------------------------------------------------------------------------


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     Short title (sec. 2001)
       The House bill contained a provision (sec. 2001) that would 
     cite Division B of this Act as the Military Construction 
     Authorization Act for Fiscal Year 2006.
       The Senate amendment contained an identical provision (sec. 
     2001).
       The conference agreement includes this provision.

                            TITLE XXI--ARMY

     Overview
       The House bill would authorize appropriations for the Army 
     of $1,601.8 million for military construction and $1,353.6 
     million for family housing for fiscal year 2006.
       The Senate amendment would authorize appropriations for the 
     Army of $1,605.9 million for military construction and 
     $1,362.6 million for family housing for fiscal year 2006.
       The conferees agree to authorize appropriations for the 
     Army of $1,775.3 million for military construction and 
     $1,353.6 million for family housing for fiscal year 2006.
       The conferees agree to a request by the Department of the 
     Army to amend the scope of a project submitted in the budget 
     request for fiscal years 2005 and 2006 to construct a 
     barracks facility at Fort Knox, Kentucky. This change is 
     included in the table at the beginning of Division B of this 
     conference report entitled ``Military Construction 
     Authorization for Fiscal Year 2006''.
       The conferees also agree to a request by the Department of 
     the Army to amend the scope of a project authorized for 
     appropriation in the Military Construction Authorization Act 
     for Fiscal Year 2005 (Public Law 108-375) for a general 
     instruction facility at Fort Bliss, Texas.

                       Items of Special Interest

     Army use of alternate authorities to acquire unaccompanied 
         housing
       The conferees note that the Department of the Army is 
     carrying out programs to transform its force structure and 
     global presence within the next five years. This 
     transformation will result in the permanent relocation among 
     Army installations of over 100,000 unaccompanied soldiers. 
     The Department of the Army is currently in the process of 
     developing an investment strategy to fund the construction of 
     permanent facilities to support these transformation 
     initiatives.
       The conferees also note that Congress has granted authority 
     to the Department of the Army to enter into agreements with 
     eligible entities to provide for the acquisition or 
     construction of military unaccompanied housing units on or 
     near military installations. Similar authorities have been 
     used to dramatically improve the quality of family housing 
     for the nation's military personnel.
       The conferees encourage the Secretary of the Army to 
     consider the use of alternate authorities for the 
     construction of unaccompanied housing in the development of 
     plans for permanent facilities at installations planned for 
     substantial increases in the number of unaccompanied 
     personnel.

                     Legislative Provisions Adopted

     Authorized Army construction and land acquisition project 
         (sec. 2101)
       The House bill contained a provision (sec. 2101) that would 
     authorize Army military construction projects in fiscal year 
     2006.
       The Senate amendment contained a similar provision (sec. 
     2101).
       The conference agreement includes this provision.
       The amounts authorized are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of Division B of this 
     conference report entitled ``Military Construction 
     Authorization for Fiscal Year 2006'' provides the binding 
     list of specific construction projects authorized at each 
     location.
     Family housing (sec. 2102)
       The House bill contained a provision (sec. 2102) that would 
     authorize new construction and planning and design of family 
     housing units for the Army in fiscal year 2006.
       The Senate amendment contained a similar provision (sec. 
     2102). The conference agreement includes this provision.
       The amounts authorized are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of Division B of this 
     conference report entitled ``Military Construction 
     Authorization for Fiscal Year 2006'' provides the binding 
     list of specific construction projects authorized at each 
     location.
     Improvements to military family housing units (sec. 2103)
       The House bill contained a provision (sec. 2103) that would 
     authorize improvements to existing units of Army family 
     housing in fiscal year 2006.
       The Senate amendment contained an identical provision (sec. 
     2103).
       The conference agreement includes this provision.
     Authorization of appropriations, Army (sec. 2104)
       The House bill contained a provision (sec. 2104) that would 
     authorize specific appropriations for each line item 
     contained in the Army's military construction budget in 
     fiscal year 2006. This provision would also provide an 
     overall limit on the amount the Army is authorized to spend 
     on military construction projects in fiscal year 2006.
       The Senate amendment contained a similar provision (sec. 
     2104).
       The conference agreement includes this provision.
     Modification of authority to carry out certain fiscal year 
         2004 projects (sec. 2105)
       The House bill contained a provision (sec. 2105) that would 
     amend the Military Construction Authorization Act for Fiscal 
     Year 2004 (division B of Public Law 108-136) to reduce the 
     authorization level for construction at Vilseck, Germany to a 
     level conforming to the requirement for appropriations.
       The Senate amendment contained no similar provision.
       The Senate recedes.

                   Legislative Provisions Not Adopted

     Construction of battalion dining facilities, Fort Knox, 
         Kentucky
       The Senate amendment contained a provision (sec. 2105) that 
     would authorize the Secretary of the Army to carry out a 
     project to construct a battalion dining facility at Fort 
     Knox, Kentucky at a cost of $4.6 million. As an offset, the 
     provision would reduce the authorization of appropriations 
     for the Army by $3.6 million by rescinding the authorization 
     contained in the Senate report accompanying S. 1042 (S. Rept. 
     109-69) of the National Defense Authorization Act for Fiscal 
     Year 2006 to carry out a project to upgrade Ground Mobility 
     Division Vehicle Maintenance Facility at Fort Knox, Kentucky 
     at a cost of $8.2 million.
       The House bill contained no similar provision.
       The Senate recedes with a conference agreement that 
     includes the project to construct a battalion dining facility 
     at Fort Knox, Kentucky in the State list of projects 
     contained in the table at the beginning of Division B of this 
     conference report entitled ``Military Construction 
     Authorization for Fiscal Year 2006.''

                            TITLE XXII--NAVY

     Overview
       The House bill would authorize appropriations for the Navy 
     of $1,109.2 million for military construction and $807.6 
     million for family housing for fiscal year 2006.
       The Senate amendment would authorize appropriations for the 
     Navy of $1,101.3 million for military construction and $815.8 
     million for family housing for fiscal year 2006.
       The conferees agree to authorize appropriations for the 
     Navy of $1,157.1 million for military construction and $807.6 
     million for family housing for fiscal year 2006.
       The conferees agree to a request by the Department of the 
     Navy to apply the authorization of appropriations totaling 
     $8.7 million provided for a project to recapitalize the water 
     treatment facility at Naval Air Station Pensacola, Florida 
     towards an alternate agreement to obtain wastewater treatment 
     services.

                     Legislative Provisions Adopted

     Authorized Navy construction and land acquisition projects 
         (sec. 2201)
       The House bill contained a provision (sec. 2201) that would 
     authorize Navy military construction projects in fiscal year 
     2006.
       The Senate amendment contained a similar provision (sec. 
     2201).
       The conference agreement includes this provision.
       The amounts authorized are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of Division B of this 
     conference report entitled ``Military Construction 
     Authorization for Fiscal Year 2006'' provides the binding 
     list of specific construction projects authorized at each 
     location.
     Family housing (sec. 2202)
       The House bill contained a provision (sec. 2202) that would 
     authorize new construction and planning and design of family 
     housing units for the Navy in fiscal year 2006.
       The Senate amendment contained a similar provision (sec. 
     2202).
       The conference agreement includes this provision.
       The amounts authorized are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of Division B of this 
     conference report entitled ``Military Construction 
     Authorizations for Fiscal Year 2006'' provides the binding 
     list of specific construction projects authorized at each 
     location.
     Improvements to military family housing units (sec. 2203)
       The House bill contained a provision (sec. 2203) that would 
     authorize improvements to existing units of Navy family 
     housing in fiscal year 2006.
       The Senate amendment contained an identical provision (sec. 
     2203).
       The conference agreement includes this provision.
     Authorization of appropriations, Navy (sec. 2204)
       The House bill contained a provision (sec. 2204) that would 
     authorize specific appropriations for each line item 
     contained in the Navy's military construction budget in 
     fiscal year 2006. This provision would also provide an 
     overall limit on the amount the Navy is authorized to spend 
     on military construction projects in fiscal year 2006.
       The Senate amendment contained a similar provision (sec. 
     2204).
       The conference agreement includes this provision.
     Modification of authority to carry out certain fiscal year 
         2004 project (sec. 2205)
       The House bill contained a provision (sec. 2205) that would 
     amend the Military Construction Authorization Act for Fiscal 
     Year

[[Page H13146]]

     2004 (division B of Public Law 108-136) to increase the 
     authorization level for a pier at Naval Weapons Station, 
     Earle, New Jersey.
       The Senate amendment contained an identical provision (sec. 
     2206).
       The conference agreement includes this provision.
     Modifications of authority to carry out certain fiscal year 
         2005 projects (sec. 2206)
       The House bill contained a provision (sec. 2206) that would 
     amend the Military Construction Authorization Act for Fiscal 
     Year 2005 (division B of Public Law 108-375) to provide full 
     authorization of a naval laboratory consolidation project at 
     Strategic Weapons Facility Pacific, Bangor, Washington. The 
     provision would also increase the level authorized for a 
     presidential helicopter program support facility at Marine 
     Corps Air Field, Quantico, Virginia.
       The Senate amendment contained a provision (sec. 2205) that 
     would amend section 2201 of the Military Construction 
     Authorization Act for Fiscal Year 2005 (division B of Public 
     Law 108-375) to increase project authorizations at an 
     unspecified worldwide location and at Quantico, Virginia.
       The Senate recedes with a technical amendment.

                         TITLE XXIII--AIR FORCE

     Overview
       The House bill would authorize appropriations for the Air 
     Force of $1,175.2 million for military construction and 
     $1,991.5 million for family housing for fiscal year 2006.
       The Senate amendment would authorize appropriations for the 
     Air Force of $1,198.3 million for military construction and 
     $1,909.6 million for family housing for fiscal year 2006.
       The conferees agree to authorize appropriations for the Air 
     Force of $1,288.5 million for military construction and 
     $1,868.8 million for family housing for fiscal year 2006.

                     Legislative Provisions Adopted

     Authorized Air Force construction and land acquisition 
         projects (sec. 2301)
       The House bill contained a provision (sec. 2301) that would 
     authorize Air Force military construction projects in fiscal 
     year 2006.
       The Senate amendment contained a similar provision (sec. 
     2301).
       The conference agreement includes this provision.
       The amounts authorized are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of Division B of this 
     conference report entitled ``Military Construction 
     Authorization for Fiscal Year 2006'' provides the binding 
     list of specific construction projects authorized at each 
     location.
     Family housing (sec. 2302)
       The House bill contained a provision (sec. 2302) that would 
     authorize new construction and planning and design of family 
     housing units for the Air Force in fiscal year 2006.
       The Senate amendment contained a similar provision (sec. 
     2302).
       The conference agreement includes this provision.
       The amounts authorized are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of Division B of this 
     conference report entitled ``Military Construction 
     Authorization for Fiscal Year 2006'' provides the binding 
     list of specific construction projects authorized at each 
     location.
     Improvements to military family housing units (sec. 2303)
       The House bill contained a provision (sec. 2303) that would 
     authorize improvements to existing units of Air Force family 
     housing in fiscal year 2006.
       The Senate amendment contained an identical provision (sec. 
     2303).
       The conference agreement includes a similar provision.
     Authorization of appropriations, Air Force (sec. 2304)
       The House bill contained a provision (sec. 2304) that would 
     authorize specific appropriations for each line item 
     contained in the Air Force's military construction budget in 
     fiscal year 2006. This provision would also provide an 
     overall limit on the amount the Air Force is authorized to 
     spend on military construction projects in fiscal year 2006.
       The Senate amendment contained a similar provision (sec. 
     2304).
       The conference agreement includes this provision.

                      TITLE XXIV--DEFENSE AGENCIES

     Overview
       The House bill would authorize appropriations for the 
     defense agencies of $976.7 million for military construction 
     and $48.9 million for family housing for fiscal year 2006. In 
     addition, the House bill would authorize appropriations of 
     $377.8 million for prior Base Realignment and Closure (BRAC) 
     round activities and $1,570.5 million for the 2005 BRAC round 
     activities for fiscal year 2006.
       The Senate amendment would authorize appropriations for the 
     defense agencies of $1,042.7 million for military 
     construction and $48.9 million for family housing for fiscal 
     year 2006. In addition, the Senate amendment would authorize 
     appropriations of $377.8 million for prior BRAC round 
     activities and $1,504.5 million for 2005 BRAC round 
     activities for fiscal year 2006.
       The conferees agree to authorize appropriations for the 
     defense agencies of $1,008.9 million for military 
     construction, $48.9 million for family housing, and $1,504.5 
     million for 2005 BRAC round activities for fiscal year 2006. 
     In addition, the conferees authorize appropriations of $254.8 
     million for prior BRAC round activities, taking into account 
     a greater amount of proceeds received by the Department of 
     the Navy for land disposals compared to the amounts 
     forecasted in the budget request for fiscal year 2006.
       The conferees note that of the amount authorized to the 
     National Security Agency (NSA) for Kunia, Hawaii in section 
     2401(a) of this Act, $98.7 million has been set aside for 
     this requirement from prior year appropriations outside the 
     military construction account, which is included in the 
     amount specified in section 2403(b)(3) of this Act. The 
     conferees agree to authorize the total requirement, and 
     direct the Secretary of Defense to submit to the 
     congressional defense committees a plan for the funding for 
     this requirement within the justification documents 
     accompanying the annual budget request for fiscal year 2007. 
     The conferees direct the NSA to adhere to standard Department 
     of Defense procedures for budgeting military construction 
     projects in future budget requests.
       The conference agreement includes authorization of certain 
     requirements at a cost that will result in complete and 
     useable facilities, while providing authorization of 
     appropriations incrementally over more than one fiscal year. 
     The conferees note that incremental funding of projects is 
     acceptable when the total estimated cost of a military 
     construction or family housing project exceeds $50.0 million.

                     Legislative Provisions Adopted

     Authorized Defense Agencies construction and land acquisition 
         projects (sec. 2401)
       The House bill contained a provision (sec. 2401) that would 
     authorize defense agencies military construction projects in 
     fiscal year 2006.
       The Senate amendment contained a similar provision (sec. 
     2401).
       The conference agreement includes this provision.
       The amounts authorized are listed in this provision on an 
     installation-by-installation basis. A State list of projects 
     contained in the table at the beginning of Division B of this 
     conference report entitled ``Military Construction 
     Authorization for Fiscal Year 2006'' provides the binding 
     list of specific construction projects authorized at each 
     location.
     Energy conservation projects (sec. 2402)
       The House bill contained a provision (sec. 2402) that would 
     authorize the Secretary of Defense to carry out energy 
     conservation projects.
       The Senate amendment contained a similar provision (sec. 
     2402).
       The Senate recedes.
     Authorization of appropriations, Defense Agencies (sec. 2403)
       The House bill contained a provision (sec. 2403) that would 
     authorize specific appropriations for each line item 
     contained in the defense agencies' military construction 
     budget in fiscal year 2006. This provision would also provide 
     an overall limit on the amount the defense agencies are 
     authorized to spend on military construction projects in 
     fiscal year 2006.
       The Senate amendment contained a similar provision (sec. 
     2403).
       The conference agreement includes this provision.

   TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT 
                                PROGRAM

     Overview
       The House bill and Senate amendment would each authorize 
     appropriations of $206.9 million for the North Atlantic 
     Treaty Organization (NATO) Security Investment program for 
     fiscal year 2006.
       The conferees agree to authorize appropriations of $206.9 
     million for the NATO Security Investment program for fiscal 
     year 2006.

                     Legislative Provisions Adopted

     Authorized NATO construction and land acquisition projects 
         (sec. 2501)
       The House bill contained a provision (sec. 2501) that would 
     authorize the Secretary of Defense to make contributions to 
     the North Atlantic Treaty Organization Security Investment 
     program in an amount equal to the sum of the amount 
     specifically authorized elsewhere in this conference report, 
     and the amount of recoupment due to the United States for 
     construction previously financed by the United States.
       The Senate amendment contained an identical provision (sec. 
     2501).
       The conference agreement includes this provision.
     Authorization of appropriations, NATO (sec. 2502)
       The House bill contained a provision (sec. 2502) that would 
     authorize appropriations of $206.9 million for the U.S. 
     contribution to the North Atlantic Treaty Organization 
     Security Investment program.
       The Senate amendment contained an identical provision (sec. 
     2502).
       The conference agreement includes this provision.

            TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

     Overview
       The House bill would authorize appropriations of $930.8 
     million for military construction and land acquisition for 
     fiscal year 2006 for the Guard and Reserve components.

[[Page H13147]]

       The Senate amendment would authorize appropriations of 
     $961.2 million for military construction and land acquisition 
     for fiscal year 2006 for the Guard and Reserve components.
       The conferees agree to authorize appropriations of $1,144.6 
     million for military construction and land acquisition for 
     fiscal year 2006 for the Guard and Reserve components. This 
     authorization would be distributed as follows:

        Reserve Component                                  $ (millions)
Army National Guard...............................................523.2
Air National Guard................................................316.1
Army Reserve......................................................152.6
Naval and Marine Corps Reserve.....................................46.9
Air Force Reserve.................................................105.9
                                                             __________
                                                             
    Total.......................................................1,144.7

                     Legislative Provisions Adopted

     Authorized Guard and Reserve construction and land 
         acquisition projects (sec. 2601)
       The House bill contained a provision (sec. 2601) that would 
     authorize appropriations for military construction for the 
     Guard and reserve components in fiscal year 2006.
       The Senate amendment contained a similar provision (sec. 
     2601).
       The conference agreement includes this provision.
       A State list of projects contained in the table at the 
     beginning of Division B of this conference report entitled 
     ``Military Construction Authorization for Fiscal Year 2006'' 
     provides the binding list of specific construction projects 
     authorized at each location.

                   Legislative Provisions Not Adopted

     Construction of facilities, New Castle County Airport Air 
         Guard Base, Delaware
       The Senate amendment contained a provision (sec. 2603) that 
     would authorize certain amounts appropriated for the 
     Department of the Air Force for the Air National Guard in 
     section 2601(3)(A) of this Act to be available for the 
     construction of a security forces facility and a medical 
     training facility at New Castle County Airport Air Guard 
     Base, Delaware.
       The House bill contained no similar provision.
       The Senate recedes with a conference agreement that 
     includes the projects to construct a security forces facility 
     and a medical training facility at New Castle County Airport 
     Air Guard Base, Delaware, in the State list of projects 
     contained in the table at the beginning of Division B of this 
     conference report entitled ``Military Construction 
     Authorization for Fiscal Year 2006''.
     Construction of maintenance hangar, New Castle County Airport 
         Air Guard Base, Delaware
       The Senate amendment contained a provision (sec. 2604) that 
     would increase by $1.4 million the amount authorized to be 
     appropriated for the Department of the Air Force for the Air 
     National Guard in section 2601(3)(A) of this Act to be 
     available to carry out the planning and design of a project 
     to replace a C-130 aircraft maintenance hangar at Air 
     National Guard New Castle County Airport, Delaware. The 
     provision would also provide for an offset of the same 
     amount.
       The House bill contained no similar provision.
       The Senate recedes with a conference agreement that 
     includes funds to carry out the planning and design of a 
     project to replace a C-130 aircraft maintenance hangar at Air 
     National Guard New Castle County Airport, Delaware in the 
     State list of projects contained in the table at the 
     beginning of Division B of this conference report entitled 
     ``Military Construction Authorization for Fiscal Year 2006''.
     National Guard construction projects
       The Senate amendment contained a provision (sec. 2605) that 
     would increase by $4.5 million the amount authorized to be 
     appropriated for the Department of the Army for the Army 
     National Guard in section 2601(3)(A) of this Act to be 
     available to carry out the construction of a readiness center 
     at Camp Dawson, West Virginia. As an offset, this provision 
     would decrease by $4.5 million the amount authorized to be 
     appropriated by section 2601(3)(A) for the Department of the 
     Air Force for the Air National Guard of the United States. 
     The provision would also rescind from the Secretary of the 
     Air Force project authorization of $6.5 million to construct 
     a bridge/gate house/force protection entry project at Camp 
     Yeager, West Virginia, and would authorize instead C-5 
     aircraft shop upgrades at Eastern West Virginia Regional 
     Airport, Shepherd Field, Martinsburg, West Virginia at a cost 
     of $2.0 million.
       The House bill contained no similar provision.
       The Senate recedes with a conference agreement that 
     includes the projects to construct a readiness center at Camp 
     Dawson, West Virginia, and C-5 aircraft shop upgrades at 
     Eastern West Virginia Regional Airport, Shepherd Field, 
     Martinsburg, West Virginia, in the State list of projects 
     contained in the table at the beginning of Division B of this 
     conference report entitled ``Military Construction 
     Authorization for Fiscal Year 2006''.
     Specific authorized Army National Guard construction projects
       The Senate amendment contained a provision (sec. 2602) that 
     would authorize certain amounts appropriated for the 
     Department of the Army for the Army National Guard in section 
     2601(3)(A) of this Act to be available for the construction 
     of an urban combat course at Camp Roberts, California and a 
     field maintenance shop at Fort Dodge, Iowa.
       The House bill contained no similar provision.
       The Senate recedes with a conference agreement that 
     includes the projects to construct an urban combat course at 
     Camp Roberts, California and a field maintenance shop at Fort 
     Dodge, Iowa, in the State list of projects contained in the 
     table at the beginning of Division B of this conference 
     report entitled ``Military Construction Authorization for 
     Fiscal Year 2006''.

        TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

                     Legislative Provisions Adopted

     Expiration of authorizations and amounts required to be 
         specified by law (sec. 2701)
       The House bill contained a provision (sec. 2701) that would 
     provide that authorizations for military construction 
     projects, repair of real property, land acquisition, family 
     housing projects and facilities, contributions to the North 
     Atlantic Treaty Organization Security Investment program, and 
     National Guard and reserve projects will expire on October 1, 
     2008, or the date of enactment of an act authorizing funds 
     for military construction for fiscal year 2009, whichever is 
     later. This requirement would not apply to funds obligated 
     prior to the expiration date.
       The Senate amendment contained an identical provision (sec. 
     2701).
       The conference agreement includes this provision.
     Extension of authorizations of certain fiscal year 2003 
         projects (sec. 2702)
       The House bill contained a provision (sec. 2702) that would 
     provide for the extension of authorizations of certain fiscal 
     year 2003 military construction project until October 1, 
     2006, or the date of enactment of an act authorizing funds 
     for military construction for fiscal year 2007, whichever is 
     later.
       The Senate amendment contained a similar provision (sec. 
     2702).
       The conference agreement includes this provision.
     Extension of authorizations of certain fiscal year 2002 
         projects (sec. 2703)
       The House bill contained a provision (sec. 2703) that would 
     provide for the extension of authorizations of certain fiscal 
     year 2002 military construction projects until October 1, 
     2006, or the date of enactment of an act authorizing funds 
     for military construction for fiscal year 2007, whichever is 
     later.
       The Senate amendment contained a similar provision (sec. 
     2703).
       The conference agreement includes this provision.

                   Legislative Provisions Not Adopted

     Effective date
       The House bill contained a provision (sec. 2704) that would 
     provide that titles XXI, XXII, XXIII, XXIV, XXV, and XXVI of 
     this Act shall take effect on October 1, 2005, or the date of 
     enactment of this Act, whichever is later.
       The Senate amendment contained an identical provision (sec. 
     2704).
       Because the conference report was not adopted prior to 
     October 1, 2005, this provision is no longer required and was 
     not included in the conference agreement.

                    TITLE XXVIII--GENERAL PROVISIONS

                       Items of Special Interest

     Joint urban operations training facilities
       The conferees note that on November 10, 2005, the Under 
     Secretary of Defense for Personnel and Readiness (OUSD (P&R)) 
     submitted the report requested by the Senate Committee on 
     Armed Services three years ago on Department of Defense 
     requirements for military operations in urban terrain (MOUT) 
     training facilities.
       The Department reported that it had established a Joint 
     Urban Training Working Group under Joint Forces Command 
     to identify requirements and a Joint Urban Operations 
     Training Review Group to prioritize budget requests for 
     Joint Urban Operations facilities and capabilities.
       The conferees commend the Department for establishing these 
     new joint policy groups. However, the conferees are concerned 
     that it has taken three years to do so and agree with the 
     Department's report that ``much more needs to be done.'' The 
     conferees are disappointed that, despite the efforts of the 
     Department to date, the Department has yet to establish a 
     strategy for urban operations training, a requirements 
     baseline, or to prioritize MOUT projects and capabilities 
     across the Department in its budget requests.
       The conferees further note that on December 8, 2005, the 
     Government Accountability Office (GAO) released its 
     assessment of this effort and stated that ``Since 2002, the 
     Department has made limited progress in developing an overall 
     joint strategy for urban operations training and related 
     facility and training requirements''. The GAO review found 
     that the Department still lacks an agreed strategy, and 
     facility and training requirements for joint urban operations 
     training, and that there are few opportunities today for 
     truly joint training under joint headquarters, despite 
     longstanding Department policy that forces train as they 
     fight.
       The conferees urge the Department, in particular (OUSD 
     (P&R)) and Joint Forces Command, to develop as soon as 
     possible a joint training strategy for urban operations that 
     will allow the total force to make the best possible use of 
     existing and planned MOUT

[[Page H13148]]

     facilities to improve joint and interagency capabilities in 
     this critical area; to develop a requirements baseline for 
     MOUT facilities based on that strategy; and to assess and 
     prioritize the MOUT projects requested by the services or 
     Special Operations Command in the fiscal year 2007 budget, 
     and in future budget requests, against this baseline, in 
     order to eliminate unnecessary duplication of facilities.

                     Legislative Provisions Adopted

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

     Modification of congressional notification requirements for 
         certain military construction activities (sec. 2801)
       The House bill contained a provision (sec. 2801) that would 
     reduce by 7 days the wait periods for electronic 
     notifications to Congress for certain acquisitions in lieu of 
     construction and contingency construction projects.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Increase in number of family housing units in Korea 
         authorized for lease by the Army at maximum amount (sec. 
         2802)
       The Senate amendment contained a provision (sec. 2807) that 
     would increase from 2,400 to 2,800 the number of family 
     housing units the Secretary of the Army may lease in Korea 
     using the authority in section 2828 (e)(4) of title 10, 
     United States Code.
       The House bill contained no similar provision.
       The House recedes.
     Improvement in availability and timeliness of Department of 
         Defense information regarding military construction and 
         family housing accounts and activities (sec. 2803)
       The House bill contained a provision (sec. 2802) that would 
     require the Secretary of Defense to establish and make 
     available to Congress an Internet-based system containing 
     regularly updated information on the status of all defense 
     agency and service military construction and family housing 
     projects as well as operations, maintenance, and other 
     support accounts authorized by the annual Military 
     Construction Authorization Act.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment.
       The conferees intend for this provision to facilitate the 
     business transformation and financial management reform 
     initiatives established by the Department of Defense to 
     improve the transparency and real-time access to the 
     Department's cost accounting and contract management 
     information using state-of-the-art technology and web-based 
     software programs. The conferees expect that increased 
     oversight of construction contract information will result in 
     a greater degree of diligence in the management of contract 
     cost growth and a more efficient use of taxpayer dollars. The 
     conferees encourage the Secretary to make the information 
     required by this provision available on the Department's 
     website.
     Modification of cost variation authority (sec. 2804)
       The Senate amendment contained a provision (sec. 2802) that 
     would amend section 2853 of title 10, United States Code, to 
     clarify that the cost of a military construction project or a 
     project for the construction, improvement, or acquisition of 
     a military family housing cannot be decreased or increased by 
     more than 25 percent.
       The House bill contained no similar provision.
       The House recedes.
     Inapplicability to child development centers of restriction 
         on authority to acquire or construct ancillary supporting 
         facilities (sec. 2805)
       The Senate amendment contained a provision (sec. 2805) that 
     would amend section 2881(b) of title 10, United States Code, 
     to exempt child development centers from the restriction for 
     ancillary facilities authorized to be constructed using the 
     alternative authority for acquisition and improvements of 
     military housing provided in subchapter IV of chapter 169, 
     title 10, United States Code.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment that would 
     prohibit a service secretary from entering into an agreement 
     under the alternative authority for acquisition and 
     improvements of military housing with a private entity to 
     operate child development centers in competition with 
     Department of Defense activities at the installation.
     Department of Defense housing funds (sec. 2806)
       The Senate amendment contained a provision (sec. 2803) that 
     would amend section 2883 of title 10, United States Code, to 
     require the Secretary of Defense to fund certain acquisitions 
     and improvements of military housing solely through accounts 
     established for that purpose.
       The House bill contained no similar provision.
       The House recedes.
     Use of design-build selection procedures to accelerate design 
         effort in connection with military construction projects 
         (sec. 2807)
       The conferees agree to a provision that would amend section 
     2305a(f) of title 10, United States Code, to clarify the 
     conditions required for the Secretary of a military service 
     to terminate a contract issued under this authority for the 
     convenience of the government. The provision would also 
     extend by one year the termination date for the temporary 
     authority.
     Acquisition of associated utilities, equipment, and 
         furnishings in reserve component facility exchange (sec. 
         2808)
       The Senate amendment contained a provision (sec. 2806) that 
     would amend section 18240 of title 10, United States Code, to 
     amend the definition of ``facility'' in section 18240 to 
     include utilities, equipment, and furnishings required to be 
     installed in a facility.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     One-year extension of temporary, limited authority to use 
         operation and maintenance funds for construction projects 
         outside the United States (sec. 2809)
       The House bill contained a provision (sec. 2805) that would 
     extend the authority provided by section 2808 of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136) for 1 year and amend the reporting requirement for 
     the authority.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would decrease 
     the annual limitation on the use of this temporary authority 
     to $100.0 million.
     Temporary program to use minor military construction 
         authority for construction of child development centers 
         (sec. 2810)
       The Senate amendment contained a provision (sec. 2804) that 
     would direct the Secretary of Defense to carry out a 
     temporary program for the construction of child development 
     centers operated by the Department of Defense. This provision 
     would increase thresholds in section 2805(a)(1) of title 10, 
     United States Code, to facilitate the construction of child 
     development centers.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     General and flag officers quarters in the National Capital 
         Region (sec. 2811)
       The House bill contained a provision (sec. 2804) that would 
     prohibit the use of fiscal year 2006 funds for the operation, 
     maintenance, or repair of housing units for general and flag 
     officers in the National Capital Region until receipt of a 
     report on the need for general and flag officer(GFO) housing 
     in the National Capital Region (NCR).
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would direct the 
     secretary of each military service to submit a report by 
     March 16, 2006, on the inventory and management of GFO 
     housing in the NCR.
       The conferees note that the report submitted by the 
     Secretary of Defense to Congress on June 3, 2005, in response 
     to section 2802 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375) 
     did not satisfy the intent of the conferees. The conferees 
     intend for the secretary of each military department to 
     submit a report containing an analytical assessment of 
     requirements for general and flag officer housing in the 
     National Capital Region, including unique force protection 
     concerns, the potential to rely on the local commercial real 
     estate market, and possible alternate methods for the 
     acquisition, operations, and maintenance of GFO houses. These 
     assessments should not rely upon the presumption that the 
     existing inventory of government-owned housing units must be 
     retained. The conferees expect that the reports will provide 
     a basis for further deliberations to address GFO housing 
     requirements over the long-term, while reducing costs 
     associated with these units.

        Subtitle B--Real Property and Facilities Administration

     Consolidation of Department of Defense land acquisition 
         authorities and limitations on use of such authorities 
         (sec. 2821)
       The House bill contained a provision (sec. 2811) that would 
     consolidate provisions of chapter 159 of title 10, United 
     States Code, which govern the acquisition of land by the 
     Department of Defense, and make several technical 
     corrections.
       The Senate amendment contained a similar provision (sec. 
     2881)
       The Senate recedes with a technical amendment.
     Modification of authorities on agreements to limit 
         encroachments and other constraints on military training, 
         testing, and operations (sec. 2822)
       The Senate amendment contained a provision (sec. 2822) that 
     would modify section 2684a of title 10, United States Code, 
     to clarify that agreements to limit encroachments and other 
     constraints on military training, testing, and operations 
     authorized under that section may include real property that 
     is in the vicinity of, or ecologically related to, a military 
     installation or the airspace of such installation. The 
     provision would require that agreements authorized under that 
     section between the Secretary of Defense, or the service 
     secretaries, and eligible third party entities provide for 
     equal sharing of the acquisition costs of the real property 
     and real property interests between the Department of Defense 
     and the partner entities. The Senate provision would allow 
     the Secretary concerned to waive the requirement

[[Page H13149]]

     for equal sharing of the acquisition costs if the Secretary 
     concerned determined that the agreement is essential to 
     accomplish the mission of the installation and the Secretary 
     concerned provided 21-days advance notice to Congress. The 
     Senate provision would provide that the acquisition cost of 
     any lesser interest in real property would not exceed 70 
     percent of the appraised value of the property. The Senate 
     provision would also include an annual reporting requirement 
     on implementation of projects undertaken pursuant to this 
     authority.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary concerned to determine the appropriate portion of 
     the acquisition costs to be borne by the United States. The 
     conference amendment would also provide that the acquisition 
     costs borne by the United States would not exceed the fair 
     market value of the property interest that could be 
     transferred to the United States upon the request of the 
     Secretary concerned under the statute. The conference 
     amendment would specify that the contribution of third-party 
     entities to the acquisition costs would include, with the 
     approval of the Secretary concerned, any combination of the 
     following: the provision of funds (including funds received 
     by such entity or entities from a federal, state, or local 
     agency outside the Department in connection with a federal, 
     state, or local program); the provision of in-kind services 
     (including services related to the acquisition or maintenance 
     of such real property or interest in real property); or the 
     exchange or donation of real property or any interest in real 
     property. The amendment would also require a report not later 
     than March 1, 2007, and annually thereafter, on the projects 
     undertaken pursuant to this authority.
     Modification of utility system conveyance authority and 
         related reporting requirements (sec. 2823)
       The House bill contained a provision (sec. 2812) that would 
     suspend the use of current authorities related to the 
     privatization of utility systems until enactment of the 
     National Defense Authorization Act for Fiscal Year 2007, or 
     one year after receipt of a report on the program, whichever 
     is later. The provision would require the Secretary of 
     Defense to submit a report to Congress by March 15, 2006, on 
     the Department of Defense's (DOD) methodology for conducting 
     economic analyses of potential utility system conveyances 
     and other matters.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would require the 
     Secretary concerned to submit to Congress an economic 
     analysis which demonstrates the economic benefit of the 
     conveyance to the government, before entering into a contract 
     for the conveyance of all or part of a utility system. The 
     amendment would amend section 2688(c)(1) of Title 10, United 
     States Code, to change the requirement for the Secretary 
     concerned to receive fair market value for conveyed utility 
     systems. The amendment would also limit the contract term for 
     a contract to convey utility systems to 10 years, and would 
     provide authorization for the Secretary concerned to exceed 
     10 years, but not to exceed 50 years, if the Secretary 
     concerned determined the longer term to be cost effective as 
     demonstrated in the economic analysis. The amendment would 
     also limit in fiscal years 2006 and 2007 the number of 
     contracts to be entered into under Section 2688 of Title 10, 
     United States Code. The amendment would also amend reporting 
     requirements contained in the provision in the House bill and 
     would add a requirement for the Government Accountability 
     Office to submit to the congressional defense committees by 
     August 1, 2006 a report evaluating the changes made by the 
     Department of Defense in the management of the utilities 
     privatization program.
     Report on application of force protection and anti-terrorism 
         standards to leased facilities (sec. 2824)
       The Senate amendment contained a provision (sec. 2882) that 
     would require the Secretary of Defense to submit a report to 
     the congressional defense committees no later than May 1, 
     2006, on the application of Department of Defense anti-
     terrorism/force protection standards to all facilities leased 
     by the Department, or leased by the General Services 
     Administration on the Department's behalf, that house more 
     than 11 personnel in service to, or employed by the 
     Department.
       The House bill contained no similar provision.
       The House recedes with an amendment that would change the 
     date that the Secretary is required to submit the report to 
     the congressional defense committees to September 30, 2006.
       Report on use of ground source heat pumps at Department of 
     Defense facilities (sec. 2825)
       The Senate amendment contained a provision (sec. 2887) that 
     would require the Secretary of Defense to conduct a study on 
     the feasibility of the use of ground source heat pumps in 
     current and future Department of Defense facilities.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.

                Subtitle C-Base Closure and Realignment

     Additional reporting requirements regarding base closure 
         process and use of Department of Defense base closure 
         accounts (sec. 2831)
       The House bill contained a provision (sec. 2821) that would 
     amend reporting requirements contained in the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510) to require additional information 
     relating to base realignment and closure properties and 
     proposed budgets as part of the annual budget justification 
     documents.
       The Senate amendment contained no similar provision.
       The Senate recedes.
       Expanded availability of adjustment and diversification 
     assistance for communities adversely affected by mission 
     realignments in base closure process (sec. 2832)
     The House bill contained a provision (sec. 2823) that would 
         amend section 2391 of title 10, United States Code, to 
         eliminate limits on the Secretary of Defense's authority 
         to aid communities adversely affected by base 
         realignments and closures and other defense program 
         changes.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment.
       Treatment of Indian Tribal Governments as public entities 
     for purposes of disposal of real property recommended for 
     closure in July 1993 BRAC Commission Report (sec. 2833)
       The Senate amendment contained a provision (sec. 2888) that 
     would amend section 8013 of the Department of Defense 
     Appropriations Act, 1994 (Public Law 103-139) to provide that 
     the governments of Indian tribes be treated as State and 
     local governments for purposes of the disposition of real 
     property recommended for closure in the report to the 
     President from the 1993 Defense Base Closure and Realignment 
     Commission.
       The House bill contained no similar provision.
       The House recedes.
       Termination of project authorizations for military 
     installations approved for closure in 2005 round of base 
     realignments and closures (sec. 2834)
       The House bill contained a provision (sec. 2822) that would 
     cancel authority for any military construction project, land 
     acquisition, or family housing project authorized in this or 
     any prior military construction authorization act at a 
     facility approved for closure in the 2005 Base Realignment 
     and Closure round.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would add certain 
     exceptions to the cancellation of authority, and require the 
     Secretary of Defense to notify the congressional defense 
     committees of a decision to carry out a project as an 
     exception.
     Required consultation with State and local entities on issues 
         related to increase in number of military personnel at 
         military installations (sec. 2835)
       The Senate amendment contained a provision (sec. 2891) that 
     would require the Secretary of Defense to consult with 
     appropriate State and local entities on matters affecting the 
     local community related to transportation, utility 
     infrastructure, housing, schools, and family support 
     activities during the development of plans to implement a 
     closure or realignment decisions, which would result in the 
     addition of personnel to the installation.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     Sense of Congress regarding infrastructure and installation 
         requirements for transfer of units and personnel from 
         closed and realigned military installations to receiving 
         locations (sec. 2836)
       The Senate amendment contained a provision (sec. 2894) that 
     would express the sense of Congress that the Secretary of 
     Defense should not transfer any unit from an installation 
     impacted by a closure or realignment decision until adequate 
     facilities and infrastructure necessary to support the unit's 
     mission and quality of life requirements for military 
     families are ready for use at the receiving location.
       The House bill contained no similar provision.
       The House recedes with an amendment that would clarify the 
     findings to reflect the conference agreement.
     Defense access road program and military installations 
         affected by Defense Base Closure and Realignment process 
         or Integrated Global Presence and Basing Strategy (sec. 
         2837)
       The conferees agree to a provision that would express the 
     sense of Congress that roads leading onto military 
     installations that are significantly impacted by an increase 
     in defense personnel as result of certain force structure 
     realignments should be considered for designation under the 
     Defense Access Road Program under section 210 of title 23, 
     United States Code. The provision would also require the 
     Secretary of Defense to conduct a study to identify each 
     installation significantly impacted by an increase in 
     personnel, and to determine whether the existing surface 
     transportation infrastructure at each installation is 
     adequate to support the increased vehicular traffic 
     associated with the increase in defense personnel. The 
     provision would also require the Secretary of Defense to 
     submit to the congressional defense committees by April 15, 
     2007 a report on the study required by this provision.

[[Page H13150]]

     Sense of Congress on reversionary interests involving real 
         property at Navy homeports (sec. 2838)
       The Senate amendment contained a provision (sec. 2892) that 
     would express the sense of the Senate that for Navy homeports 
     closed under the 2005 Defense Base Closure and Realignment 
     round, the Secretary of the Navy should, consistent with the 
     national interest and federal policy supporting cost-free 
     conveyances of federal surplus property suitable for use as 
     port facilities, release or otherwise relinquish any 
     entitlement to receive compensation from any holder of a 
     reversionary interest in real property used by the United 
     States for improvements made to any military installation.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.

                      Subtitle D--Land Conveyances


                        PART I--ARMY CONVEYANCES

     Land conveyance, Camp Navajo, Arizona (sec. 2841)
       The conferees agree to a provision that would authorize the 
     Secretary of the Army to convey, without consideration, to 
     the Department of Veterans Affairs of the State of Arizona a 
     parcel of property consisting of approximately 80 acres at 
     Camp Navajo, Arizona for the purpose of permitting the 
     Department of Veterans Affairs to establish a State-run 
     cemetery for veterans.
     Land conveyance, Iowa Army Ammunition Plant, Middletown, Iowa 
         (sec. 2842)
       The Senate amendment contained a provision (sec. 2843) that 
     would authorize the Secretary of the Army to convey, for 
     consideration, to the City of Middletown, Iowa a parcel of 
     real property consisting of approximately 1 acre located at 
     the Iowa Army Ammunition Plant for the purpose of economic 
     development.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     Land conveyance, Helena, Montana (sec. 2843)
       The Senate amendment contained a provision (sec. 2841) that 
     would authorize the Secretary of the Army to convey by 
     quitclaim deed to the Helena Indian Alliance a parcel of 
     property consisting of approximately 3 acres located at the 
     Sheridan Hall Army Reserve Center, Helena, Montana for the 
     purpose of supporting Native American health care, mental 
     health counseling, and the operation of an educational 
     training center.
       The House bill contained no similar provision.
       The House recedes with an amendment that would rescind the 
     requirement for the Secretary to convey the property by 
     quitclaim deed.
     Lease authority, Army Heritage and Education Center, 
         Carlisle, Pennsylvania (sec. 2844)
       The House bill contained a provision (sec. 2861) that would 
     authorize the Secretary of the Army to lease portions of the 
     Army Heritage and Education Center, Carlisle, Pennsylvania to 
     the Military Heritage Foundation for revenue-generating 
     activities and other purposes. As consideration, the 
     foundation would pay amounts not to exceed the costs of 
     operation of the facility.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Land exchange, Fort Hood, Texas (sec. 2845)
       The conferees agree to a provision that would authorize the 
     Secretary of the Army to convey, with consideration, to 
     Central Texas College, a parcel of property consisting of 
     approximately 40 acres at Fort Hood, Texas for the purpose of 
     expanding the College's campus. In exchange, the Secretary 
     would receive one or more parcels of real property of a value 
     at least equal to that of the parcel conveyed to Central 
     Texas College.
     Modification of land conveyance, Engineer Proving Ground, 
         Fort Belvoir, Virginia (sec. 2846)
       The House bill contained a provision (sec. 2831) that would 
     amend section 2836 of the Military Construction Authorization 
     Act for Fiscal Year 2002 (division B of Public Law 107-107) 
     to change the type of facility received by the Army as part 
     of an exchange related to construction of the Fairfax County 
     Parkway Extension.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Land conveyance, Fort Belvoir, Virginia (sec. 2847)
       The conferees agree to a provision that would authorize the 
     Secretary of the Army to convey, with consideration, to the 
     Commonwealth of Virginia, up to three parcels of property 
     consisting of approximately 2.5 acres at Fort Belvoir, 
     Virginia for the purpose of allowing the Commonwealth, the 
     National Trust for Historic Preservation, and Fairfax County, 
     Virginia to enter into an agreement regarding the exchange of 
     a separate parcel of real property currently controlled by 
     the National Trust.
     Land conveyance, Army Reserve Center, Bothell, Washington 
         (sec. 2848)
       The House bill contained a provision (sec. 2832) that would 
     authorize the Secretary of the Army to convey, for 
     consideration, to the Snohomish County Fire Protection 
     District #10 approximately 1 acre at the Army Reserve Center 
     in Bothell, Washington for the purpose of supporting the 
     provision of fire and emergency medical aid services.
       The Senate amendment contained a similar provision (sec. 
     2842).
       The Senate recedes with a clarifying amendment.
       The conferees encourage the Secretary of the Army to seek 
     in-kind consideration consisting of an agreement for the Fire 
     Protection District #10 to provide fire protection services 
     for Army Reserve facilities.


                       PART II--NAVY CONVEYANCES

     Land conveyance, Marine Corps Air Station, Miramar, San 
         Diego, California (sec. 2851)
       The House bill contained a provision (sec. 2841) that would 
     authorize the Secretary of the Navy to convey approximately 
     230 acres along the eastern boundary of Marine Corps Air 
     Station Miramar, California to the County of San Diego, 
     California for the purpose of permitting the county to 
     preserve the property as open space and reopen the tract 
     known as the Stowe Trail to public use. In exchange, the 
     Navy would receive in-kind consideration equal to not less 
     than the fair market value of the conveyed property.
       The Senate amendment contained a similar provision (sec. 
     2851).
       The Senate recedes with an amendment that would clarify the 
     purpose of the conveyance and the types of the in-kind 
     consideration to be received by the Secretary.
     Lease or license of United States Navy Museum facilities at 
         Washington Navy Yard, District of Columbia (sec. 2852)
       The Senate amendment contained a provision (sec. 2852) that 
     would authorize the Secretary of the Navy to lease or license 
     facilities housing the United States Navy Museum, District of 
     Columbia to the Naval Historical Foundation for revenue-
     generating activities and other purposes. As consideration, 
     the foundation would pay amounts not to exceed the costs of 
     operation of the facility.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.


                    PART III--AIR FORCE CONVEYANCES

     Purchase of build-to-lease family housing, Eielson Air Force 
         Base, Alaska (sec. 2861)
       The House bill contained a provision (sec. 2851) that would 
     authorize the Secretary of the Air Force to purchase the 
     interest of the developer of a 300-unit military family 
     housing project at Eielson Air Force Base, Alaska.
       The Senate amendment contained a similiar provision (sec. 
     2861).
       The conference agreement includes this provision with a 
     technical amendment.
     Land conveyance, Air Force property, Jacksonville, Arkansas 
         (sec. 2862)
       The House bill contained a provision (sec. 2852) that would 
     authorize the Secretary of the Air Force to convey, for 
     consideration, approximately 45 acres around an existing 
     railroad in Jacksonville, Arkansas for the purpose of 
     facilitating railroad access to an industrial park.
       The Senate amendment contained no similar provision.
       The Senate recedes with a clarifying amendment.
     Land conveyance, Air Force property, La Junta, Colorado (sec. 
         2863)
       The Senate amendment contained a provision (sec. 2862) that 
     would authorize the Secretary of the Air Force to convey, 
     without consideration, to the City of La Junta, Colorado a 
     parcel of real property 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.
       The House bill contained no similar provision.
       The House recedes.
     Lease, National Imagery and Mapping Agency site, St. Louis, 
         Missouri (sec. 2864)
       The conferees agree to a provision that would direct the 
     Secretary of the Air Force, in consultation with the 
     Administrator of the General Services Administration, to 
     lease not later than February 28, 2006 to the St. Louis 
     County Port Authority of St. Louis County, Missouri a parcel 
     of property consisting of approximately 39 acres at the 
     National Imagery and Mapping Agency site, St. Louis, Missouri 
     for the purpose of permitting the Port to use the parcel for 
     economic development purposes. The provision would require 
     the Secretary to agree to terms and conditions acceptable to 
     the Secretary and to receive as consideration an amount not 
     less than the fair market value of the lease.
       The conferees intend for the Secretary of the Air Force to 
     enter into the lease in furtherance of a permanent conveyance 
     of the property.

                       Subtitle E--Other Matters

     Clarification of moratorium on certain improvements at Fort 
         Buchanan, Puerto Rico (sec. 2871)
       The House bill contained a provision (sec. 2806) that would 
     amend section 1507 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (Public Law 106-398) 
     to clarify the moratorium on construction activities at Fort 
     Buchanan, Puerto Rico to permit the conversion, 
     rehabilitation, improvement, and repair of facilities at the 
     installation.
       The Senate amendment contained a provision (sec. 2883) that 
     would amend the same section to remove the restriction on 
     construction of facilities for Reserve component or non-
     appropriated fund projects.

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       The Senate recedes with an amendment that would combine the 
     two provisions, and add an exception to the moratorium for 
     the construction of facilities supporting Department of 
     Defense Education activities and the installation of 
     communication equipment.
     Transfer of excess Department of Defense property on Santa 
         Rosa and Okaloosa Island, Florida, to Gulf Islands 
         National Seashore (sec. 2872)
       The conferees agree to a provision that would amend section 
     7 of An Act to Provide for the Establishment of the Gulf 
     Islands National Seashore and Related Matters (Public Law 91-
     660) to direct the Secretary of Defense to transfer to the 
     administrative jurisdiction of the Secretary of the Interior, 
     subject to mutually agreed terms and conditions, any land on 
     Santa Rosa and Okaloosa Island, Florida which is currently 
     under the control of the Department of Defense and determined 
     to be excess to military requirements.
     Authorized military uses of Papago Park Military Reservation, 
         Phoenix, Arizona (sec. 2873)
       The House bill contained a provision (sec. 2813) that would 
     amend the Act of April 7, 1930 (Public No. 02), which 
     authorized the use of land at Papago Park Military 
     Reservation, Arizona for a rifle range only, to reflect 
     current usage of the land. The Senate amendment contained a 
     similar provision (sec. 2884).
       The Senate recedes.
     Assessment of water needs for Presidio of Monterey and Ord 
         military community (sec. 2874)
       The House bill contained a provision (sec. 2863) that would 
     require the Secretary of Defense to conduct an assessment of 
     current and future needs of the Department of Defense for 
     water for the Presidio of Monterey and the Ord military 
     community by April 7, 2006, and to provide the results of 
     that assessment to Congress.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Redesignation of McEntire Air National Guard Station, South 
         Carolina, as McEntire Joint National Guard Base (sec. 
         2875)
       The House bill contained a provision (sec. 2862) that would 
     redesignate McEntire Air National Guard Station, South 
     Carolina as McEntire Joint National Guard Base in recognition 
     of the use of the installation to house both Air National 
     Guard and Army National Guard assets.
       The Senate amendment contained no similar provision.
       The Senate recedes.
     Sense of Congress regarding community impact assistance 
         related to construction of Navy landing field, North 
         Carolina (sec. 2876)
       The Senate amendment contained a provision (sec. 2889) that 
     would express the sense of the Senate that the Department of 
     Defense should work with other federal agencies to strive to 
     provide assistance to the local community impacted by the 
     location of a new outlying landing field.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment.
     Sense of Congress on establishment of Bakers Creek Memorial 
         (sec. 2877)
       The Senate amendment contained a provision (sec. 2886) that 
     would express the sense of Congress that the Secretary of the 
     Army may establish an appropriate marker, at a site to be 
     chosen at the discretion of the Secretary, to commemorate the 
     40 members of the U.S. Armed Forces who lost their lives in 
     the air crash at Bakers Creek, Australia, on June 14, 1943.
       The House bill contained no similar provision.
       The House recedes.


                   Legislative Provisions Not Adopted

     Authority to lease non-excess property of Department of 
         Defense field activities
       The Senate amendment contained a provision (sec. 2821) that 
     would amend sections 2667a of title 10, United States Code, 
     to authorize the Secretary of Defense to lease non-excess 
     property that is under the control of a Department of Defense 
     field activity.
       The House bill contained no similar provision.
       The Senate recedes.
     Designation of William B. Bryant Annex
       The Senate amendment contained a provision (sec. 2890) that 
     would designate the annex to the E. Barrett Prettyman Federal 
     Building and U.S. Courthouse in Washington, D.C., as the 
     ``William B. Bryant Annex.''
       The House bill contained no similar provision.
       The Senate recedes. This provision has already been enacted 
     in S. 1285 of the 109th Congress, which was signed by the 
     President on November 11, 2005, (Public Law 109-101).
     Expanded authority to enter into lease-purchase agreements
       The Senate amendment contained a provision (sec. 2823) that 
     would amend section 2812 of title 10, United States Code, to 
     clarify the authority for a secretary of a military service 
     to enter into an agreement with State and local governments 
     for the lease-purchase of facilities.
       The House bill contained no similar provision.
       The Senate recedes.
     Expansion of authority to convey property at military 
         installations to support military construction
       The House bill contained a provision (sec. 2803) that would 
     amend section 2869 of title 10, United States Code, to 
     authorize the secretaries of the military departments to 
     exchange surplus property for military construction projects, 
     land, or housing.
       The Senate amendment contained no similar provision.
       The House recedes.
       The Department of Defense's request to Congress for 
     authorization to expand the types of proceeds received from 
     the disposal of surplus property is consistent with 
     Congressional intent to allow the Department of Defense to 
     efficiently manage facility and infrastructure assets. While 
     the conferees support additional flexibility in the manner in 
     which it seeks value in the disposal of its assets, the 
     conferees are concerned that the expanded authority could 
     potentially result in adverse effects, such as reduced 
     Department and congressional oversight of the military 
     construction program, and decisions to carry out land 
     disposals specifically to receive military construction 
     projects, rather than with consideration to military 
     requirements over the long-term. The conferees are also 
     concerned that the expanded authority would impose complex 
     requirements on the General Services Administration in the 
     process of carrying out property disposals in exchange for 
     military construction. As such, the conferees direct the 
     Secretary of Defense to fully consider the potential effects 
     of expanding the land exchange program, and, if warranted, to 
     resubmit a legislative proposal in the future which addresses 
     such concerns.
     Identification of environmental conditions at military 
         installations closed or realigned under 2005 round of 
         defense base closure and realignment
       The Senate amendment contained a provision (sec. 2893) that 
     would require the Secretary of Defense, in consultation with 
     the Administrator of the Environmental Protection Agency, 
     other appropriate federal agencies, and state, tribal, and 
     local government officials, to complete an identification not 
     later than May 31, 2007, of the environmental conditions of 
     the real property of each military installation approved for 
     closure or realignment under the 2005 round of defense base 
     closure and realignment in accordance with section 120(h)(4) 
     of the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980, (42 U.S.C. 9620(h)(4)). The Senate 
     provision would also require the Secretary to coordinate with 
     appropriate federal, state, tribal, and local government 
     officials to expedite the environmental response at military 
     installations approved for closure or realignment under the 
     2005 round of defense base closure and realignment. The 
     provision would also require the Secretary to report the 
     progress made in carrying out this section in the annual 
     environmental report to Congress.
       The House bill contained no similar provision.
       The Senate recedes.
     Increase in thresholds for unspecified minor military 
         construction projects
       The Senate amendment contained a provision (sec. 2801) that 
     would amend section 2805(a)(1) of title 10, United States 
     Code, by raising the threshold of the cost of a construction 
     project authorized by this section from $1.5 million to $2.5 
     million. This provision would also raise the threshold of the 
     cost of a construction project intended solely to correct a 
     deficiency that is life-threatening, health-threatening, or 
     safety-threatening from $3.0 million to $4.0 million.
       The House bill contained no similar provision.
       The Senate recedes.
     One-year extension of Department of Defense laboratory 
         revitalization program
       The Senate amendment contained a provision (sec. 2885) that 
     would extend by 1 year the authorization provided by section 
     2891 of the Military Construction Authorization Act for 
     Fiscal Year 2005 (division B of Public Law 108-375) for the 
     Secretary of Defense to carry out a program for the 
     revitalization of laboratories operated by the Department of 
     Defense.
       The House bill contained no similar provision.
       The Senate recedes.
     Sense of Congress regarding consideration of national defense 
         industrial base interests during Base Closure and 
         Realignment Commission review of Department of Defense 
         base closure and realignment recommendations
       The House bill contained a provision (sec. 2824) that would 
     express the sense of Congress that national defense 
     industrial base interests are part of military value and that 
     the Base Closure and Realignment Commission should consider 
     such interests when reviewing and analyzing the Secretary of 
     Defense's closure and realignment recommendations.
       The Senate amendment contained no similar provision.
       The House recedes.

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

     Overview
       Title XXXI authorizes appropriations for atomic energy 
     defense activities of the Department of Energy for fiscal 
     year 2006, including: the purchase, construction, and 
     acquisition of plant and capital equipment; research and 
     development; nuclear weapons activities; defense nuclear 
     nonproliferation;

[[Page H13152]]

     naval nuclear propulsion; environmental restoration and waste 
     management; operating expenses; and other expenses necessary 
     to carry out the purposes of the Department of Energy 
     Organization Act (Public Law 95-91). The title would 
     authorize appropriations in five categories: National Nuclear 
     Security Administration (NNSA); defense environmental cleanup 
     (formerly defense environmental management); other defense 
     activities; defense nuclear waste disposal; and energy 
     supply.
       The budget request for atomic energy defense activities at 
     the Department totaled $16.4 billion, a 1.4 percent decrease 
     below the fiscal year 2005 appropriated level. Of the total 
     amount requested, $9.4 billion would be for NNSA, of which 
     $6.6 billion would be for weapons activities, $1.6 billion 
     would be for defense nuclear nonproliferation activities, 
     $786.0 million would be for naval reactors, and $343.9 
     million would be for the Office of the Administrator; $6.0 
     billion would be for defense environmental management, of 
     which $5.2 billion would be for defense site acceleration 
     completion, and $831.3 million would be for defense 
     environmental services; $636.0 million would be for other 
     defense activities; $351.4 million would be for defense 
     nuclear waste disposal; and $12.0 million would be for energy 
     supply.
       The conferees agree to authorize $16.4 billion for atomic 
     energy defense activities at the Department, a decrease of 
     $18.9 million below the budget request. The conferees agree 
     to authorize $9.2 billion for NNSA, a decrease of $200.8 
     million below the budget request. Of the amounts authorized 
     for the NNSA, $6.4 billion would be for weapons activities, a 
     decrease of $196.2 million; $1.6 billion would be for defense 
     nuclear nonproliferation activities, a decrease of $6.1 
     million; $789.5 million would be for naval reactors, an 
     increase of $3.5 million; and $341.9 million would be for the 
     Office of the Administrator, a decrease of $2.0 million below 
     the budget request. The conferees agree to authorize $6.2 
     billion for defense environmental cleanup (formerly defense 
     environmental management), an increase of $177.3 million 
     above the budget request. The conferees agree to authorize 
     $642.0 million for other defense activities, an increase of 
     $6.0 million above the budget request. The conferees agree to 
     authorize $350.0 million for defense nuclear waste disposal, 
     a decrease of $1.4 million below the budget request. The 
     conferees agree to authorize $12.0 million for energy supply, 
     the amount of the budget request.
       The following table summarizes the budget request and the 
     authorizations:

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                       Items of Special Interest

     Disposition of weapons-usable plutonium at Savannah River, 
         South Carolina
       The conferees note that section 4306 of the Atomic Energy 
     Defense Act (50 U.S.C. 2566) requires the Secretary of Energy 
     to make impact assistance payments to the State of South 
     Carolina, if the Department of Energy fails to achieve 
     certain interim and long-term milestones in the conversion of 
     plutonium stored at the Savannah River Site. The conferees 
     remain supportive of this program and of the commitments made 
     to the State of South Carolina. The conferees urge the 
     Department to remain mindful of these impending payments and 
     to request a budget for fiscal year 2007 and thereafter that 
     would keep the mixed oxide fuel facility construction on a 
     schedule to make the payment of impact assistance 
     unnecessary.
     Nanotechnology Enterprise Development Center
       The conferees direct the Secretary of Energy to submit a 
     report to the Committees on Armed Services of the Senate and 
     the House of Representatives within 30 days after the date of 
     enactment of this Act setting forth the contribution, if any, 
     of the Nanotechnology Enterprise Development Center to the 
     Stockpile Stewardship Program or to the programmatic 
     activities of the National Nuclear Security Administration 
     (NNSA). The report shall include a description of any 
     contribution of the center to the national security of the 
     United States and a justification for using atomic energy 
     defense funds available to the NNSA for the establishment of 
     the center.
     National laboratory work on force protection technologies
       The conferees note that the Department of Energy national 
     laboratories have provided exceptional technical assistance 
     to the Department of Defense in testing and fielding various 
     types of equipment to improve force protection for U.S. 
     military personnel engaged in combat operations. The 
     conferees urge the Departments of Energy and Defense to 
     continue to work together to utilize the expertise resident 
     in the national laboratories to research, develop, and field 
     those force protection technologies that can improve combat 
     capabilities and reduce combat casualties. The conferees 
     support the continued use by the Department of Energy of its 
     existing authority to waive, where appropriate, certain 
     overhead charges associated with national laboratory work 
     conducted for the Department of Defense.
       In the event that the Department of Energy makes the 
     decision, under existing authorities, to waive any charges 
     other than the federal administrative charge, the Secretary 
     of Energy shall provide notification to the congressional 
     defense committees within 30 days of issuing such a decision. 
     The notification shall include a description of the force 
     protection technologies work, the fees waived, and the 
     impact, if any, to overhead rates for other programs at the 
     national laboratory.

                     Legislative Provisions Adopted

         Subtitle A--National Security Programs Authorizations

     National Nuclear Security Administration (sec. 3101)
       The House bill contained a provision (sec. 3101) that would 
     authorize $9.1 billion for the National Nuclear Security 
     Administration (NNSA), including funds for weapons 
     activities, defense nuclear nonproliferation programs, naval 
     reactor programs, and the Office of the Administrator.
       The Senate amendment contained a similar provision (sec. 
     3101) that would authorize $9.4 billion.
       The conferees agree to authorize $9.2 billion for the NNSA.
       The budget request included $6.6 billion for weapons 
     activities. The House bill would authorize $6.5 billion, a 
     decrease of $174.4 million below the budget request. The 
     Senate amendment would authorize $6.6 billion, a decrease of 
     $39.8 million below the budget request. The conferees agree 
     to authorize $6.4 billion, a decrease of $196.2 million below 
     the budget request. Within weapons activities, the conferees 
     agree to authorize $605.8 million for advanced simulation and 
     computing, a decrease of $55.0 million below the budget 
     request. The conferees note that this reduction is without 
     prejudice. Within weapons activities, the conferees also 
     agree to authorize $2.1 billion for campaigns, an increase of 
     $64.2 million above the budget request. The conferees agree 
     to authorize a budget realignment of $140.6 million within 
     campaigns to allow funding adjustments across the program 
     elements which make up campaigns.
       The budget request included $174.4 million for 
     environmental projects and operations within NNSA. The House 
     bill and the Senate amendment would authorize no funds for 
     these activities within the NNSA. The conferees believe that 
     the defense environmental cleanup program exists to address 
     the environmental legacy from Cold War missions at Department 
     of Energy sites. The conferees agree to authorize no funds 
     within NNSA for these activities but to authorize funds for 
     these activities within defense environmental cleanup, 
     elsewhere in this Act. The conferees agree that this action 
     is consistent with the provisions of title 32 of the National 
     Defense Authorization Act for Fiscal Year 2000 (Public Law 
     106-65), which established the NNSA.
       The budget request included $1.6 billion for defense 
     nuclear nonproliferation. The conferees agree to authorize 
     $1.6 billion, a decrease of $6.1 million below the budget 
     request. The conferees agree to provide an additional $83.6 
     million in funding for international nuclear materials 
     protection and cooperation to implement the agreements 
     entered into by the Russian Federation and the United States 
     at the Bratislava Summit to accelerate improvements to 
     security at certain Russian nuclear weapons storage sites. 
     The conferees agree to authorize $13.0 million for Project 
     06-D-180, National Security Laboratory at the Pacific 
     Northwest National Laboratory, an increase of $8.0 million 
     above the budget request. The additional funds are to be used 
     to complete project engineering and design and to initiate 
     construction on the research facility needed to replace 
     facilities being vacated due to the environmental cleanup 
     activities at the Hanford Site 300 Area.
     Defense environmental cleanup (sec. 3102)
       The House bill contained a provision (sec. 3102) that would 
     authorize $6.3 billion for the Department of Energy for 
     defense environmental management (EM) activities for fiscal 
     year 2006, including funds for defense site acceleration 
     completion and defense environmental services.
       The Senate amendment contained a similar provision (sec. 
     3102) that would authorize $6.2 billion for defense 
     environmental management.
       The conferees agree to authorize $6.2 billion for defense 
     environmental cleanup, an increase of $177.3 million above 
     the budget request. Defense environmental cleanup comprises 
     those activities formerly termed defense environmental 
     management.
       The conferees note that the statement of managers 
     accompanying the Energy and Water Appropriations Act for 
     Fiscal Year 2006 (Public Law 109-103) provides funding for 
     defense environmental cleanup in a new budget structure, 
     which provides funding by site rather than by the program 
     elements contained in the President's budget request for 
     fiscal year 2006. The conferees direct the Department to 
     submit with the budget request for fiscal year 2007 a funding 
     crosswalk between the budget structure as requested and as 
     appropriated for fiscal year 2006. The conferees also direct 
     the Department to prepare a 5-year funding plan for the 
     environmental cleanup program.
     Other defense activities (sec. 3103)
       The House bill contained a provision (sec. 3103) that would 
     authorize $636.0 million for the Department of Energy for 
     other defense activities for fiscal year 2006, the amount of 
     the budget request.
       The Senate amendment contained a similar provision (sec. 
     3103) that would authorize $563.4 million for the Department 
     for other defense activities, a decrease of $72.6 million 
     below the budget request.
       The conferees agree to authorize $642.0 million, an 
     increase of $6.0 million above the budget request.
     Defense nuclear waste disposal (sec. 3104)
       The House bill contained a provision (sec. 3104) that would 
     authorize $351.4 million for defense nuclear waste disposal.
       The Senate amendment contained a similar provision (sec. 
     3104) that would authorize $301.4 million for defense nuclear 
     waste disposal.
       The conferees agree to include a provision that would 
     authorize $350.0 million, a decrease of $1.4 million below 
     the budget request.

                       Subtitle B--Other Matters

     Reliable Replacement Warhead program (sec. 3111)
       The House bill contained a provision (sec. 3111) that would 
     authorize the Secretary of Energy to carry out a Reliable 
     Replacement Warhead program. The provision would establish 
     objectives for the program and require reports to Congress.
       The Senate amendment contained no similar provision. In the 
     Senate report accompanying S. 1042 (S. Rept. 109-69) of the 
     National Defense Authorization Act for Fiscal Year 2006, the 
     Senate authorized funds for the program and specified goals 
     for the program.
       The Senate recedes with a technical amendment that would 
     add the Secretaries of Defense and Energy to the reporting 
     requirement.
       The conferees support the goal of continuing to ensure that 
     the nuclear weapons stockpile remains safe, secure, and 
     reliable. The conferees believe that the Reliable Replacement 
     Warhead program is essential to the achievement of this goal 
     and support its establishment with the objectives as defined 
     in the provision, and as further described in the committee 
     reports of the Committees on Armed Services of the Senate and 
     the House of Representatives for fiscal year 2006.
     Rocky Flats Environmental Technology Site (sec. 3112)
       The Senate amendment contained a provision (sec. 3116) that 
     would authorize up to $10.0 million for the purchase of 
     certain mineral rights at the Department of Energy Rocky 
     Flats Environmental Technology Site by the Secretary of 
     Energy and for payment to extinguish all natural resource 
     damage liability at the site.
       The House bill contained no similar provision.
       The House recedes with an amendment that would specify 
     section 107 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42

[[Page H13173]]

     U.S.C. 9607) as the provision of law applicable to natural 
     resource damage liability.
     Report on compliance with Design Basis Threat issued by 
         Department of Energy in 2005 (sec. 3113)
       The Senate amendment contained a provision (sec. 3111) that 
     would require the Secretary of Energy to submit to the 
     congressional defense committees a report describing plans 
     for upgrading the security posture of the Department of 
     Energy and the National Nuclear Security Administration in 
     response to the design basis threat issued by the Secretary 
     in October 2004.
       The House bill contained no similar provision.
       The House recedes with a clarifying amendment that would: 
     (1) identify the design basis threat issued by the Department 
     in November 2005 as the design basis threat to be analyzed in 
     the report; (2) require a comparison of the security 
     requirements contained in the design basis threat issued in 
     May 2003 with those contained in the design basis threat 
     issued in November 2005; and (3) require a review by the 
     Government Accountability Office not later than 1 year after 
     enactment of this Act of the Department's plan for complying 
     with the design basis threat of November 2005.
     Reports associated with Waste Treatment and Immobilization 
         Plant Project, Hanford Site, Richland, Washington (sec. 
         3114)
       The Senate amendment contained a provision (sec. 3112) that 
     would require the Secretary of Energy to submit to the 
     congressional defense committees an independent cost estimate 
     prepared by the U.S. Army Corps of Engineers for the Waste 
     Treatment and Immobilization Plant Project at the Department 
     of Energy Hanford Site.
       The House bill contained no similar provision.
       The House recedes with an amendment that would require the 
     Secretary to submit to the congressional defense committees 
     reports received by the Department from the U.S. Army Corps 
     of Engineers documenting any evaluation or validation of 
     costs, schedule, and technical issues, including seismic 
     issues, associated with the Waste Treatment and 
     Immobilization Plant Project.
       The conferees direct the Secretary to develop an 
     independent cost estimate prior to concluding negotiations on 
     the cost of any additions to work scope for contracts under 
     the Waste Treatment and Immobilization Plant Project, if the 
     Department contracting officer makes an affirmative 
     determination that a change in scope has occurred. The 
     conferees further direct the Secretary to notify the 
     congressional defense committees 30 days prior to the restart 
     of those construction activities that were suspended due to 
     the revision of the seismic criteria for either the High-
     Level Waste facility or the Pretreatment facility of the 
     Waste Treatment and Immobilization Plant Project.
     Report on assistance for a comprehensive inventory of Russian 
         nonstrategic nuclear weapons (sec. 3115)
       The House bill contained a provision (sec. 3112) that would 
     require the Secretary of Energy, in consultation with the 
     Secretary of Defense, to provide a report containing an 
     evaluation of efforts by the United States to encourage 
     or facilitate a proper accounting for and securing of the 
     nonstrategic nuclear weapons of the Russian Federation.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would change the 
     due date for the reporting requirement to April 15, 2006.
     Report on international border security programs (sec. 3116)
       The Senate amendment contained a provision (sec. 3113) that 
     would require the Secretary of Energy, in consultation with 
     the Secretaries of Defense, State and, as appropriate, 
     Homeland Security, to submit a report to the Committees on 
     Armed Services of the Senate and the House of Representatives 
     on the management of border security programs in the 
     countries of the former Soviet Union and in other countries.
       The House bill contained no similar provision.
       The House recedes with a technical amendment.
     Savannah River National Laboratory (sec. 3117)
       The Senate amendment contained a provision (sec. 3115) that 
     would designate the Savannah River National Laboratory as a 
     participating laboratory in the Department of Energy 
     laboratory directed research and development program.
       The House bill contained no similar provision.
       The House recedes.

                   Legislative Provisions Not Adopted

     Prohibition on use of funds for robust nuclear earth 
         penetrator
       The Senate amendment contained a provision (sec. 3117) that 
     would prohibit the use of any funds authorized to be 
     appropriated to the Department of Energy to be made available 
     for the robust nuclear earth penetrator (RNEP).
       The House bill contained no similar provision. The House 
     authorized a related study effort for penetrators to hold at 
     risk hard and deeply buried targets within the Department of 
     Defense elsewhere in this Act.
       The Senate recedes.
       The conferees agree to authorize no funding for the RNEP 
     study under the Department of Energy, but instead authorize a 
     related study effort within the Department of Defense 
     elsewhere in this Act. The conference outcome is reflected in 
     the tables of this report.
     Report on advanced technologies for nuclear power reactors in 
         the United States
       The Senate amendment contained a provision (sec. 3119) that 
     would require the Secretary of Energy to submit to Congress a 
     report containing a description and assessment of 
     technologies under development that offer the potential to 
     further enhance the safety and proliferation-resistance of 
     nuclear power reactors.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that the Department of Energy leads the 
     federal government's efforts to develop new nuclear energy 
     generation technologies to meet energy goals, to develop 
     advanced, proliferation-resistant nuclear fuel technologies 
     that maximize energy from nuclear fuel, and to maintain and 
     enhance the national nuclear technology infrastructure. The 
     conferees support these objectives for the purpose of 
     enhancing both the energy and economic security of the United 
     States and seek to further efforts to better communicate the 
     advancements being made towards these objectives to the 
     general public.
       The Secretary of Energy shall submit to Congress a report 
     on advanced technologies for nuclear power reactors in the 
     United States. The report shall include a description and 
     assessment of the following: (1) technologies under 
     development for advanced nuclear power reactors that offer 
     the potential for further enhancements of the safety 
     performance of nuclear power reactors, and (2) technologies 
     under development for advanced nuclear power reactors that 
     offer the potential for further enhancements of 
     proliferation-resistant nuclear power reactors. The 
     information in the report shall be presented in a manner and 
     format that facilitates the dissemination of such information 
     to, and the ready understanding of such information by, 
     members of the general public, not later than six months 
     after the date of enactment of this Act.
     Sense of the Senate regarding interim reports on residual 
         beryllium contamination at Department of Energy vendor 
         facilities
       The Senate amendment contained a provision (sec. 3118) that 
     would state the sense of the Senate regarding interim reports 
     on residual beryllium contamination at Department of Energy 
     vendor facilities, and would urge the Director of the 
     National Institute for Occupational Safety and Health (NIOSH) 
     to provide to Congress interim reports on residual beryllium 
     contamination at such facilities not later than 14 days after 
     completing the internal review of such reports.
       The House bill contained no similar provision.
       The Senate recedes.
       The conferees note that section 3169 of the Ronald W. 
     Reagan National Defense Authorization Act for Fiscal Year 
     2005 (Public Law 108-375; 42 U.S.C. 7384 note) requires NIOSH 
     to submit not later than December 31, 2006, an update to the 
     October 2003 report of NIOSH on residual beryllium 
     contamination at Department vendor facilities.
       The conferees note that workers at Department vendor 
     facilities who were potentially exposed to beryllium 
     contamination should be informed at the earliest opportunity 
     once the results of the site-specific study are available. 
     The conferees note that NIOSH has completed its evaluation of 
     residual beryllium contamination at some Department vendor 
     facilities. The conferees direct the Secretary of Energy to 
     request the Director of NIOSH: (1) to provide to Congress and 
     the Department Office of Environment, Safety and Health 
     interim reports on residual beryllium contamination at 
     Department vendor facilities not later than 14 days after 
     completing the internal review of such reports; and (2) to 
     publish in the Federal Register summaries of the findings of 
     such reports, including the dates of any significant residual 
     beryllium contamination, at such time as the reports are 
     provided to the Department Office of Environment, Safety and 
     Health.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

                     Legislative Provisions Adopted

     Defense Nuclear Facilities Safety Board (sec. 3201)
       The House bill contained a provision (sec. 3201) that would 
     authorize $22.0 million for the Defense Nuclear Facilities 
     Safety Board, the amount of the budget request.
       The Senate amendment contained an identical provision (sec. 
     3201). The conference agreement includes this provision.

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

                     Legislative Provisions Adopted

     Authorized uses of National Defense Stockpile funds (sec. 
         3301)
       The House bill contained a provision (sec. 3301) that would 
     authorize $52.1 million from the National Defense Stockpile 
     Transaction Fund for the operation and maintenance of the 
     National Defense Stockpile for fiscal year 2006. The 
     provision would also permit the use of additional funds for 
     extraordinary or emergency conditions 45 days after Congress 
     receives notification.
       The Senate amendment contained no similar provision.
       The Senate recedes.

[[Page H13174]]

     Revisions to required receipt objectives for previously 
         authorized disposals from National Defense Stockpile 
         (sec. 3302)
       The Senate amendment contained a provision (sec. 3301) that 
     would authorize increased sales of certain materials in the 
     National Defense Stockpile through the end of fiscal year 
     2013.
       The House bill contained similar provisions (secs. 3302-
     3303).
       The House recedes.
     Authorization for disposal of tungsten ores and concentrates 
         (sec. 3303)
       The Senate amendment contained a provision (sec. 3302) that 
     would authorize the sale of up to 8.0 million pounds of 
     tungsten from the National Defense Stockpile in fiscal year 
     2006.
       The House bill contained no similar provision.
       The House recedes.
     Disposal of ferromanganese (sec. 3304)
       The Senate amendment contained a provision (sec. 3303) that 
     would authorize the disposal of up to 75,000 tons of 
     ferromanganese from the National Defense Stockpile during 
     fiscal year 2006. If that amount is disposed of before 
     September 30, 2006, up to an additional 25,000 tons may be 
     disposed of before that date. This additional disposal of 
     ferromanganese may take place only if the Secretary of 
     Defense submits written certification to the Committees on 
     Armed Services of the Senate and the House of 
     Representatives, not later than 30 days before the 
     commencement of disposal, that: (1) the disposal of the 
     additional ferromanganese is in the interest of national 
     defense; (2) the disposal will not cause undue disruption to 
     the usual markets of producers and processors of 
     ferromanganese in the United States; and (3) the disposal is 
     consistent with the requirements and purpose of the National 
     Defense Stockpile.
       The House bill contained no similar provision.
       The House recedes.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

                     Legislative Provisions Adopted

     Authorization of appropriations (sec. 3401)
       The House bill contained a provision (sec. 3401) that would 
     authorize $18.5 million for the operation and maintenance of 
     the Naval Petroleum and Oil Shale Reserves.
       The Senate amendment contained no similar provision.
       The Senate recedes.

                  TITLE XXXV--MARITIME ADMINISTRATION

                     Legislative Provisions Adopted

     Maritime administration (secs. 3501-3510)
       The House bill contained provisions (sec. 3501-3505) that 
     would authorize funds for fiscal year 2006, authorize 
     payments for State and regional maritime academies, make 
     modifications to the maintenance and repair pilot program, 
     authorize improvements to the National Defense Tank Vessel 
     Construction Assistance Program, and authorize improvements 
     to the Maritime Administration (MARAD) vessel disposal 
     program.
       The Senate amendment contained no similar provision.
       The Senate recedes with an amendment that would: (1) 
     authorize appropriations for fiscal year 2006 for operations 
     and training, administrative expenses related to loan 
     guarantee commitments under the title XI program, and for 
     expenses to dispose of obsolete vessels in the National 
     Defense Reserve Fleet; (2) authorize payments for State and 
     regional maritime academies; (3) modify the maintenance and 
     repair pilot program; (4) authorize improvements to the 
     National Defense Tank Vessel Construction Assistance Program; 
     (5) authorize improvements to the MARAD vessel disposal 
     program; (6) authorize a new program to assist small 
     shipyards and maritime communities; (7) transfer authority 
     over the title XI non-fishing vessel loan guarantee decisions 
     to the Maritime Administrator and make other improvements to 
     the title XI program; (8) provide for a technical correction 
     related to certain intermodal facilities; (9) provide for 
     expanded use of the United States Maritime Service; and (10) 
     provide certain awards and medals free of charge.
       Section 3503 would direct the Secretary of Transportation 
     to carry out the domestic maintenance and repair pilot 
     program authorized in the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136) for at least one 
     vessel under a Military Security Program (MSP) contract. The 
     amendment would allow for reimbursement of the cost 
     differential between performing qualified maintenance and 
     repair work in the United States as opposed to performing it 
     overseas. Qualified maintenance or repair work would include 
     work identified before and during the Coast Guard-required 
     vessel inspection and survey process, including, but not 
     limited to, cutting out and replacing the hull structure; 
     removal, repair, or replacement of machinery and equipment 
     of all types; and repair of internal and external 
     coatings. This section authorizes the Secretary to issue 
     an interim rule, and the conferees urge the Secretary to 
     work with the MSP contractors to establish a viable, 
     sustainable program capable of accommodating more vessels, 
     in addition to providing contractors' assistance in 
     locating qualified maintenance and repair facilities in 
     the U.S. in the geographic area in which a contracted 
     vessel normally operates.
       Section 3504 requires the Secretary of Transportation, to 
     the extent of the availability of appropriations, to enter 
     into a contract with a proposed purchaser and proposed 
     shipbuilder for the construction of a product tank vessel 
     under the National Defense Tank Vessel Construction Program. 
     This section also eliminates the limitation that only allows 
     the program to fund up to 75 percent of the actual 
     construction costs of the vessel.
       Section 3505 would repeal obsolete requirements of title 35 
     of the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 (Public Law 106-398), and would require the 
     development of a comprehensive management program consistent 
     with recommendations made by the Government Accountability 
     Office. The plan for implementation of this program is due to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate 180 days from enactment of 
     this Act. If this plan is not delivered within 180 days, the 
     Secretary would be required to award a contract for the 
     private management of the obsolete vessel disposal program 
     after an open, competitive bid process. The amendment would 
     authorize the title transfer of obsolete vessels for disposal 
     as artificial reefs at a time deemed appropriate by the 
     Secretary.
       Section 3506 would authorize the MARAD to establish a loan, 
     loan guarantee, and grant program to assist small shipyards 
     to make capital improvements and improve maritime training 
     programs for small communities largely served by the maritime 
     industry. The conferees encourage the Secretary to administer 
     the program established by this section in a manner that is 
     consistent with procedural safeguards contained in section 
     1104A of the Merchant Marine Act, such as those providing for 
     assessing economic soundness, monitoring, review of 
     applications, and agreements with obligors under that 
     section, and with other Federal laws and standards applicable 
     to similar Federal programs as determined appropriate by the 
     Secretary.
       Section 3507 would make technical and substantive 
     amendments to title XI of the Merchant Marine Act, 1936 (46 
     U.S.C. App. 1274), which authorizes the Maritime Guaranteed 
     Loan Program. The conferees intend for the MARAD to retain 
     adequate resources with sufficient expertise to perform all 
     functions of this program without requiring assistance from 
     the Department of Transportation or other agencies. The 
     conferees also agree that the decision to subject loan 
     guarantee applications to a third-party independent analysis 
     should be based on risk factors enumerated in section 
     1104A(f) of the Merchant Marine Act, 1936, as amended by this 
     Act. The conferees agree there should be no rule, regulation, 
     or procedure governing the Maritime Guaranteed Loan Program 
     that requires a third-party independent analysis for all 
     applications without regard to these risk factors. When an 
     independent analysis is required, the conferees would expect 
     only experts in maritime finance or operations be funded to 
     conduct the analysis.
     From the Committee on Armed Services, for consideration of 
     the House bill and the Senate amendment, and modifications 
     committed to conference:
     Duncan Hunter,
     Curt Weldon,
     Joel Hefley,
     Jim Saxton,
     John M. McHugh,
     Terry Everett,
     Roscoe Bartlett,
     Howard P. McKeon,
     Mac Thornberry,
     John N. Hostettler,
     Jim Ryun,
     Jim Gibbons,
     Robin Hayes,
     Ken Calvert,
     Rob Simmons,
     Thelma Drake,
     Ike Skelton,
     John Spratt,
     Solomon P. Ortiz,
     Lane Evans,
     Gene Taylor,
     Silvestre Reyes,
     Vic Snyder,
     Adam Smith,
     Loretta Sanchez,
     Ellen Tauscher,
     From the Permanent Select Committee on Intelligence, for 
     consideration of matters within the jurisdiction of that 
     committee under clause 11 of rule X:
     Pete Hoekstra,
     Jane Harman,
     From the Committee on Education and the Workforce, for 
     consideration of secs. 561-563, 571, and 815 of the House 
     bill, and secs. 581-584 of the Senate amendment, and 
     modifications committed to conference:
     Michael N. Castle,
     Joe Wilson,
     Rush Holt,
     From the Committee on Energy and Commerce, for consideration 
     of secs. 314, 601, 1032, and 3201 of the House bill, and 
     secs. 312, 1084, 2893, 3116, and 3201 of the Senate 
     amendment, and modifications committed to conference:
     Joe Barton,
     Paul Gillmor,
     From the Committee on Financial Services, for consideration 
     of secs. 676 and 1073 of the Senate amendment, and 
     modifications committed to conference:
     Michael G. Oxley,

[[Page H13175]]

     Robert W. Ney,
     From the Committee on Government Reform, for consideration of 
     secs. 322, 665, 811, 812, 820A, 822-825, 901, 1101-1106, 
     1108, title XIV, secs. 2832, 2841, and 2852 of the House 
     bill, and secs. 652, 679, 801, 802, 809E, 809F, 809G, 809H, 
     811, 824, 831, 843-845, 857, 922, 1073, 1106, and 1109 of the 
     Senate amendment, and modifications committed to conference:
     Tom Davis,
     Christopher Shays,
     From the Committee on Homeland Security, for consideration of 
     secs. 1032, 1033, and 1035 of the House bill, and sec. 907 of 
     the Senate amendment, and modifications committed to 
     conference:
     John Linder,
     Daniel E. Lungren,
     Bennie G. Thompson,
     From the Committee on International Relations, for 
     consideration of secs. 814, 1021, 1203-1206, and 1301-1305 of 
     the House bill, and secs. 803, 1033, 1203, 1205-1207, and 
     1301-1306 of the Senate amendment, and modifications 
     committed to conference:
     Henry Hyde,
     James A. Leach,
     Tom Lantos,
     From the Committee on the Judiciary, for consideration of 
     secs. 551, 673, 1021, 1043, and 1051 of the House bill, and 
     secs. 553, 615, 617, 619, 1072, 1075, 1077, and 1092 of the 
     Senate amendment, and modifications committed to conference:
     F. James Sensenbrenner,
     Steve Chabot,
     From the Committee on Resources, for consideration of secs. 
     341-346, 601, and 2813 of the House bill, and secs. 1078, 
     2884, and 3116 of the Senate amendment, and modifications 
     committed to conference:
     Richard Pombo,
     Henry E. Brown, Jr.,
     From the Committee on Science, for consideration of sec. 223 
     of the House bill, and secs. 814 and 3115 of the Senate 
     amendment, and modifications committed to conference:
     Sherwood Boehlert,
     W. Todd Akin,
     Bart Gordon,
     From the Committee on Small Business, for consideration of 
     sec. 223 of the House bill, and secs. 814, 849-852, 855, and 
     901 of the Senate amendment, and modifications committed to 
     conference:
     Donald A. Manzullo,
     Sue W. Kelly,
     From the Committee on Transportation and Infrastructure, for 
     consideration of secs. 314, 508, 601, and 1032-1034 of the 
     House bill, and secs. 312, 2890, 2893, and 3116 of the Senate 
     amendment, and modifications committed to conference:
     Don Young,
     John J. Duncan, Jr.,
     John T. Salazar,
     From the Committee on Veterans Affairs, for consideration of 
     secs. 641, 678, 714, and 1085 of the Senate amendment, and 
     modifications committed to conference:
     Steve Buyer,
     Jeff Miller,
     Shelley Berkley,
     From the Committee on Ways and Means, for consideration of 
     sec. 677 of the Senate amendment, and modifications committed 
     to conference:
     William Thomas,
     Wally Herger,
     Jim McDermott,
                                Managers on the Part of the House.

     John W. Warner,
     John McCain,
     James M. Inhofe,
     Pat Roberts,
     Jeff Sessions,
     Susan Collins,
     John Ensign,
     Jim Talent,
     Saxby Chambliss,
     Lindsey Graham,
     Elizabeth Dole,
     John Cornyn,
     John Thune,
     Carl Levin,
     Ted Kennedy,
     Robert C. Byrd,
     Joseph Lieberman,
     Jack Reed,
     Daniel K. Akaka,
     Bill Nelson,
     Ben Nelson,
     Mark Dayton,
     Evan Bayh,
     H.R. Clinton,
                               Managers on the Part of the Senate.