[Congressional Record (Bound Edition), Volume 151 (2005), Part 16]
[Senate]
[Pages 22087-22142]
[From the U.S. Government Publishing Office, www.gpo.gov]




             DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2006

  The PRESIDING OFFICER. The Senate will resume consideration of H.R. 
2863, which the clerk will report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2863) making appropriations for the Department 
     of Defense for the fiscal year ending September 30, 2006, and 
     for other purposes.

  The PRESIDING OFFICER. The Senator from Indiana.
  Mr. BAYH. I thank the Chair.
  Mr. President, I come to the Chamber today to discuss amendments to 
promote our success in Iraq as quickly as possible, consistent with 
accomplishing our mission there, to hold those in charge for 
implementing our strategy in Iraq accountable for its success, and to 
do right by those bearing the burden of that conflict on our behalf, 
our brave military personnel and their loving families.

[[Page 22088]]

  These amendments are designed to increase the number of armored 
vehicles for our troops in the field and to promote and to protect 
their families financially at home but, even more important, to provide 
a clear picture of what we are doing in Iraq and a way to measure our 
progress there so that we can bring our troops home with their mission 
accomplished.
  Last week, Generals Casey and Abizaid came to Congress to inform us 
that the administration had finally heeded bipartisan calls from this 
body to develop a plan for success, a plan that goes way beyond merely 
asking the American people to stay the course.
  During their testimony before the Armed Services Committee and in 
private briefings for Senators, the generals talked about the plan and 
how it was developed jointly with Iraqi leadership. Essentially, if the 
plan is to be successful, it will lead to a reduction of American 
forces starting next year.
  In a discussion with Senator McCain, General Casey had the following 
to say:

       Senator McCain: Are you planning on troop withdrawals for 
     next year?
       General Casey: I just said that, Senator. Yes. This is a 
     bipartisan goal that we all support. Creating a stable Iraq 
     and bringing American men and women home safely as soon as 
     possible consistent with success is something that we all 
     embrace.

  The generals also said that they had developed specific guidelines to 
allow them to measure the success of this plan. I am pleased that a 
plan has been developed and measurements created to gauge its success, 
although belatedly so. But I also know that having a plan is not nearly 
enough. It is the effective implementation of a strategy that will 
determine our ultimate success and establishing benchmarks that allow 
us to determine the progress that is being made. Regrettably, we have 
had far more of the development of a strategy and far less of the 
accountability for implementing the strategy so far in the Iraqi 
conflict. The time for changing that has come.
  Successful execution of any plan includes two things that have been 
lacking so far--accountability and candor. My amendment brings both of 
these elements into the administration's war effort.
  The amendment requires the Pentagon and the CIA to report to Congress 
and to the American people once a month on the progress they are making 
with regard to their own strategy and how it is faring on the 
measurements they have outlined to determine our success. It is their 
strategy, their benchmarks. If they are not being met, the 
administration should explain to the American people why. If no 
adequate explanation exists, those responsible must be held 
accountable. That is the way you run any business or any State, and 
that is the least we can expect when waging war.
  These benchmarks are crucial to gauging our progress and are vital to 
achieving our success. They were included in an unclassified document 
provided to the Congress this last week, the title of which is 
``Transitional Readiness Assessment.'' It provides seven different 
measurements to determine how we are doing in Iraq: first, overall 
readiness; second, the number of Iraqi personnel; third, their command 
and control capability; fourth, the level and effectiveness of their 
training; fifth, the sustainment and logistics of those Iraqi units; 
sixth, the level of their equipment; and seventh, the quality of their 
leadership.
  It is vitally important that we share our progress or lack thereof in 
meeting these objectives with the American people. The American people 
are paying for this conflict with their money and their blood. They 
deserve to know how we are doing.
  One of the challenges of any military effort is to build and maintain 
public support. To date, the administration has provided rosy 
assessments that conflict so clearly with the reports from Iraq and the 
images on television. It is no surprise that the public's patience is 
growing thin.
  The American people can withstand adversity. What they won't stand 
for--and rightfully so--is being kept in the dark or being misled. That 
is why it is so critical that we provide the American people with an 
accurate assessment of our current situation, to plan for our success 
and let our people know and let them evaluate the progress we are 
achieving toward making that success.
  I hope this amendment can be a bipartisan one. It seeks to achieve 
the twin goals of accountability and candor that I have heard embraced 
by our colleagues from both sides of the aisle.
  In addition to this amendment, I have also introduced an amendment to 
provide our troops fighting in Iraq with the equipment they need in the 
field and the support their families deserve at home.
  The Army has chronically underestimated--nine consecutive times, in 
fact--the need for up-armored vehicles in the Iraqi theater. Nine 
consecutive times they have gotten it wrong. They no longer deserve the 
benefit of the doubt. Regrettably, Walter Reed Hospital and our other 
military hospitals in this Nation are filled with too many of the young 
men and women who have paid the consequence for these errors. We must 
do everything humanly possible to make sure no further errors take 
place.
  My armor amendment will provide enough funding to rebuild the Army 
stocks of up-armored HMMWVs as well as the armored vehicles used for 
cargo and troop transportation. With it, the military's depleted stock 
of armored vehicles will be made whole, ensuring that all of our troops 
have the protection they need while serving in both Iraq and 
Afghanistan--no more pleas to end hillbilly armor. One of the lessons 
learned in Iraq, along with the tragic Hurricane Katrina, is that when 
lives are at stake, it is incumbent upon us to err on the side of doing 
more rather than less. Let us get it right this time.
  For the families of our loved ones serving in harm's way, we must 
ensure that no one faces financial hardship because of their service 
overseas. Yet there is a growing body of evidence suggesting that the 
financial rights of service men and women are being abused or ignored. 
That must stop.
  Guard members who are called to active duty often face what I call a 
patriot penalty--a pay cut representing the difference between their 
civilian and Active-Duty pay. As a result, many families struggle to 
meet their mortgage payments or pay their heating bills. My amendment 
would eliminate this patriot penalty and ensure that no one takes a pay 
cut for serving their country.
  Some families struggling with bills have even faced eviction or 
foreclosure despite laws already on the books designed to protect them. 
Financial institutions say they are not aware of these special 
protections, but ignorance is no excuse. My amendment would enable the 
regulators who oversee our financial institutions to put a stop to this 
odious practice. Financial institutions must learn the law, and they 
must follow it. My amendment will force the administration to educate 
our troops about their rights and punish those who wrongfully take away 
our troops' homes.
  When we send troops into battle, we are asking them and their 
families to be willing to make the ultimate sacrifice. They are giving 
us everything. Giving them a realistic plan for success, along with the 
equipment they will need in the field to accomplish that success and 
the support their families deserve at home, is the least we can do for 
them. We owe it to them to do it right. That is what these amendments, 
when taken together, will accomplish.
  I thank the Chair and my colleagues for their patience.
  I call up the amendments numbered 1993, 1940, 1998, and 1933.
  The PRESIDING OFFICER. It would require unanimous consent to take up 
those amendments en bloc.
  Mr. BAYH. Mr. President, I ask unanimous consent to call the 
amendments up en bloc.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Mr. President, reserving the right to object, we would 
like to first examine those amendments.
  Mr. BAYH. By all means.
  The PRESIDING OFFICER. Does the Senator object?

[[Page 22089]]


  Mr. STEVENS. I suggest the absence of a quorum.
  I object.
  The PRESIDING OFFICER. Objection is heard.
  Mr. STEVENS. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the order 
for the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, I should notify the Senator from Indiana 
that these are amendments offered to the Armed Services Committee 
amendment, and we do not intend to support any amendments to the 
amendment until we can determine if there is going to be a time 
agreement on the basic underlying amendment. The full Armed Services 
Committee bill contains some 80 amendments already and has some 240 
other amendments pending.
  I object, and I hope the Senator will confer with us on procedures so 
we might be able to work this out.
  The amendment is subject to rule XVI. I do not believe we should take 
the time of the Senate to agree to the amendments on which we are going 
to raise a point of order under XVI unless there is a time agreement on 
the overall amendment offered by the Armed Services Committee.
  We will object to any amendments to this amendment, and we will 
further, at the appropriate time, raise this point of order under rule 
XVI to the amendment offered by the Senator from Virginia, the chairman 
of the Armed Services Committee.
  Mr. BAYH. Mr. President, I would be pleased to work with my 
colleagues to clarify the substance of the amendments and to work on 
the issues regarding any of them.
  I have been advised to call up my amendment No. 1933, which is an 
appropriations amendment.
  Mr. STEVENS. Mr. President, if the Senator from Indiana would confer 
with us, I find that one of the amendments he has offered is not an 
amendment to the Armed Services Committee amendment but is, in fact, an 
amendment to the bill itself. We will be happy to discuss that with the 
Senator. I again urge him not to pursue this at this time.


                           Amendment No. 1933

  Mr. BAYH. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Indiana [Mr. Bayh] proposes an amendment 
     numbered 1933.

  Mr. BAYH. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with to give us an opportunity to discuss the 
substance of the amendment and time consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To increase by $360,800,000 amounts appropriated by title IX 
 for Other Procurement, Army, for the procurement of armored Tactical 
   Wheeled Vehicles for units deployed in Iraq and Afghanistan or to 
   reconstitute Army Prepositioned Stocks-5 and the Joint Readiness 
Training Center at Fort Polk, Louisiana, and to increase by $5,000,000 
 amounts appropriated by title IX for Research, Development, Test and 
     Evaluation, Defense-Wide, for industrial preparedness for the 
      implementation of a ballistics engineering research center)

       On page 238, between lines 4 and 5, insert the following:
       Sec. 9014.(a)(1) The amount appropriated by this title 
     under the heading ``Other Procurement, Army'' is hereby 
     increased by $360,800,000.
       (2) Of the amount appropriated by this title under the 
     heading ``Other Procurement, Army'', as increased by 
     paragraph (1)--
       (A) $360,800,000 may be made available for the procurement 
     of armored Tactical Wheeled Vehicles for units deployed in 
     Iraq and Afghanistan; or
       (B) if the Secretary of the Army determines that such 
     amount is not needed for the procurement of armored Tactical 
     Wheeled Vehicles for units deployed in Iraq and Afghanistan--
       (i) up to $247,100,000 may be available for the procurement 
     of armored Tactical Wheeled Vehicles to reconstitute Army 
     Prepositioned Stocks-5, including the procurement of armored 
     Light Tactical Vehicles (LTVs), armored Medium Tactical 
     Vehicles (MTVs), and armored Heavy Tactical Vehicles (HTVs) 
     for purposes of equipping one heavy brigade, one infantry 
     brigade, and two infantry battalions; and
       (ii) up to $113,700,000 may be available for the 
     procurement of armored Tactical Wheeled Vehicles for the 
     Joint Readiness Training Center at Fort Polk, Louisiana, 
     including the procurement of armored Light Tactical Vehicles, 
     armored Medium Tactical Vehicles, and armored Heavy Tactical 
     Vehicles for purposes of equipping one infantry brigade 
     combat team in order to permit such vehicles to be used for 
     the training and preparation of troops, prior to deployment, 
     on the use of such vehicles.
       (b)(1)(A) The amount appropriated by this title under the 
     heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'' is hereby increased by $5,000,000.
       (B) Of the amount appropriated by this title under the 
     heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', as increased by subparagraph (A), $5,000,000 
     may be available for the establishment of the ballistics 
     engineering research center under paragraph (2).
       (2)(A) The Secretary of Defense shall create a 
     collaborative ballistics engineering research center at two 
     major research institutions.
       (B) The purpose of the research center established under 
     subparagraph (A) shall be to advance knowledge and 
     application of ballistics materials and procedures to improve 
     the safety of land-based military vehicles, particularly from 
     hidden improvised explosive devices, including through the 
     training of engineers, scientists, and military personnel in 
     ballistics materials and their use.

  Mr. STEVENS. Mr. President, I inform the Senator from Indiana that we 
would oppose this amendment in any event because the bill already 
contains an additional $390 million, $30 million more than is already 
proposed by this amendment, for armored tactical wheeled vehicles.
  This bill before us now has $240 million for the up-armored HMMWVs or 
the armored light tactical vehicles and has $150 million for the 
armored tactical wheeled vehicles. The Senator's amendment is 
duplicative of the amendment we have already accepted to the bill, and 
we cannot add that much more money to the Senator's amendment which is 
before us, No. 1933.
  I urge the Senator to take a look at the Record and withdraw the 
amendment because there we are adding too much to that one section and 
we could not accept this amendment. It would earmark funding for 
tactical wheeled vehicles if armory funds are not needed for units 
deployed in Iraq and Afghanistan. We do not think we should earmark 
critical force protection equipment funds. Some of this work is done in 
one place, some in another.
  I indicated that we already have added $30 million more than the 
Senator proposes to add to the bill. We agree with the Senator in terms 
of the need, and that is why we have already added money, as I 
mentioned before.
  I hope the Senator will look at what we have already done.
  Mr. BAYH. Mr. President, I would be delighted to discuss this matter 
with the Senator.
  The heart of my concern is that there has been a consistent pattern 
of underestimating our need, and the depletion of the stockpile means 
if they yet again underestimated the need, it would not be available 
for quick deployment in the theater, which would leave our troops short 
again. That is the basis of my concern. We would be delighted to 
discuss it with the Senator.
  Mr. STEVENS. I would be happy to do that.
  During the past recess the first part of September, along with 
Senator Warner and Senator Kerry, I went to Iraq. We saw the vehicles 
there being up-armored, and we saw, as a matter of fact, some of the 
trucks that are being up- armored. We have, as I have indicated, since 
that time increased the amount of money that is available.
  Further, we are asking the Army for a detailed list of equipment 
requirements that are needed. The Army submitted a $6 billion list of 
requirements, and the funding sought with this amendment was not 
included in the list. We have already reprogrammed more money which far 
exceeds the Army's validated requirements. We did that before the end 
of September. I believe this amendment is unnecessary.

[[Page 22090]]

  Further, it would be subject to a point of order, I am informed, 
under section 402 of the budget resolution that allows $350 billion for 
contingency operations spending for the year 2006. Title IX of this 
bill uses that entire $350 billion. Any funding in excess of that 
amount for the contingency operations would score and subsequently 
would add appropriations to title IX which would be subject to a point 
of order under section 302(f), far exceeding the committee's 302(b) 
allocation.
  I urge the Senator to again confer with us because we have allocated 
money twice in this area since the trip we took to Iraq. I think we 
have provided more money than is necessary, as a matter of fact.
  Mr. BAYH. I say to my friend and colleague, I look forward to 
conferring with him. It is neither his intentions nor his actions which 
I question; both his intentions and actions have been quite 
commendable. It is the advice of the Army which has consistently proven 
to be wrong, which we are relying on, that I question. That is the 
nature of the discussion I look forward to having.
  Mr. STEVENS. What is the status of the amendments at this time?
  The PRESIDING OFFICER. The amendment numbered 1933 is pending.
  The Senator from Indiana.
  Mr. BAYH. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. McCAIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                           Amendment No. 1978

  Mr. McCAIN. Mr. President, I call up amendment No. 1978, which is at 
the desk.
  The ACTING PRESIDENT pro tempore. Without objection, the pending 
amendment is set aside.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Arizona [Mr. McCain], for himself, Mr. 
     Biden, Mr. Graham, Mr. Leahy, and Mr. DeWine, proposes an 
     amendment numbered 1978.

  Mr. McCAIN. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment is as follows:

(Purpose: To prohibit the use of funds to pay salaries and expenses and 
 other costs associated with reimbursing the Government of Uzbekistan 
 for services rendered to the United States at Karshi-Khanabad airbase 
                             in Uzbekistan)

       At the appropriate place, insert the following:
       Sec. __. None of the funds appropriated or otherwise made 
     available in this Act may be obligated or expended during 
     fiscal year 2006 for paying salaries and expenses or other 
     costs associated with reimbursing or otherwise financially 
     compensating the Government of Uzbekistan for services 
     rendered to the United States at Karshi-Khanabad airbase in 
     Uzbekistan.

  Mr. McCAIN. Mr. President, this amendment is a pretty simple one. It 
would prohibit for 1 year the transfer of millions of dollars in cash 
to the Government of Uzbekistan; I believe $22 or $23 million.
  I am pleased to be joined by Senators Biden, Graham, Leahy, and 
DeWine, who have cosponsored the amendment. The Pentagon notified the 
Congress this summer that it intends to pay $23 million in ``coalition 
support funds'' to Uzbekistan, designed to cover past costs associated 
with the use of the K2 base there. If you have seen this base in the 
news lately, it is because it is the location from which the Government 
of Uzbekistan recently evicted all U.S. personnel. Uzbekistan was at 
one point a partner in the war on terror. It is no longer. And turning 
over ``coalition support funds,'' at this point, debases the meaning of 
the term ``coalition.''
  The amendment I am proposing would prohibit this payment for 1 year 
at which point the Congress can decide whether to renew the prohibition 
or make the payment.
  America keeps its promises to our coalition partners, but we also 
expect our partners to keep their promises to us. We are not in the 
business of paying dictatorial, repressive, brutal governments.
  Let me review a few of the more egregious examples of Uzbekistan's 
relationship with us and their abuse of human rights. In May, the 
Government launched a brutal crackdown in the city of Andijan after 
protestors stormed a prison and local government headquarters. Eye 
witnesses estimated the dead at somewhere between 500 and 1,000 and 
said that the vast majority were unarmed men, women, and children 
protesting the Government's corruption, lack of opportunity, and 
continued oppression. In addition to those killed, many others were 
wounded, and at least 500 fled across the border into Kyrgyzstan.
  The Government has rejected all calls for an independent 
international inquiry into the massacre. The entire European Union has 
demanded an investigation into the massacre. Tashkent has put the 
official death toll at just 187 and blamed a foreign conspiracy for the 
protest. It even placed blame on the United States for the events 
saying that rebels received money from the U.S. Embassy in Tashkent.
  The Uzbek Government launched a campaign of anti-American propaganda 
after its massacre, staging rallies to denounce the United States and 
accusing the United States of fomenting Islamic extremism in the guise 
of promoting democracy.
  President Karimov--and I use the term ``president'' loosely--
President Karimov suggested that the United States was behind both the 
events in Andijan and the ``colored revolutions'' in other countries.
  I remind my colleagues that Uzbekistan agreed to host U.S. forces on 
its soil to support continuing coalition combat efforts in Afghanistan. 
Our troops in Afghanistan are still fighting the Taliban. Insurgents 
have killed hundreds of people, including dozens of Americans, in the 
last few months. Yet with this going on and with our mission clearly 
unfinished, in July Uzbekistan ordered the United States to leave the 
country.
  Just last week, the Washington Post ran an article entitled ``Uzbeks 
Stop Working With U.S. Against Terrorism,'' which describes how 
Tashkent has decided to abridge its 2002 agreement with President Bush 
and terminate its counterterrorism cooperation with America. One 
sentence in this article bears particular notice: ``The Bush 
administration,'' the article reads, ``has concluded that Karimov fears 
democracy more than terrorism, officials said.''
  This is the same country that Pentagon officials were describing 
quite recently as a ``very valuable partner and ally in the global war 
on terror.'' But Uzbekistan is not a valuable partner and ally; it is 
part of the problem. This week, the European Union announced that it 
will impose sanctions against the Uzbek Government for its refusal to 
accept an international inquiry into the Andijan massacre. This is the 
kind of response we should be considering to these outrageous actions, 
not the best way to transfer $23 million in funds from the U.S. 
Treasury.
  The Pentagon wants to pay Tashkent on the principle that America pays 
its bills for services rendered. I support that principle, but so, too, 
do I support America standing up for itself in the world and spending 
taxpayers' money wisely, avoiding the misimpression that we overlook 
massacres, and avoiding cash transfers to the treasury of a dictator 
just months after he permanently evicts American soldiers from his 
country.
  I intend to have printed in the Record the assessment of every human 
rights organization in the world of this brutal, oppressive 
dictatorship. This is a person who just orchestrated a massacre of 
somewhere, estimates are, around 1,000 of its citizens. This is a 
government that is illegitimate in that Karimov keeps himself in power 
through edict. This is a corrupt government in that there is continued 
repression and oppression of human rights.

[[Page 22091]]

  Mr. President, I suggest that if the Government of Uzbekistan allowed 
a full-scale investigation by the European Union and the results are 
known, then maybe at that time it would be appropriate to give them 
this money.
  Also, let's keep in mind what this brutal and oppressive dictator 
will do with $23 million of American money. His prisons are full. There 
is no free press. There is no freedom of movement. It is an oppressive, 
repressive regime of the old Stalinist style.
  I am not saying the United States should not pay its bills. What I am 
saying is that we should demand at least an investigation of what 
happened in Andijan some months ago when hundreds, if not a thousand, 
of its citizens innocently gathered to protest the policies of their 
government: they were fired on and killed in the most wanton fashion.
  The Washington Post article reads:

       The government of President Islam Karimov, one of the most 
     authoritarian to emerge from the collapse of the Soviet 
     Union, has made a broader strategic decision to move away 
     from the 2002 agreement made with President Bush after the 
     Sept. 11, 2001, attacks and is cooling relations with Europe 
     as well. . . .
       The move follows tough criticism from Washington--

  I might say not the Pentagon--

     and the European Union over Uzbekistan's crackdown on 
     protests in May in the Andijan province, where human rights 
     and opposition groups say hundreds died. Uzbekistan has 
     charged that terrorists initiated the violence.
       As tensions deepen, Karimov is shifting his strategic 
     alliance toward Russia and China. . . . In July, Tashkent 
     banned U.S. troops and warplanes from what is known as the 
     [K2 airbase] which was used for counterterrorism, military 
     and humanitarian missions.

  The European Union is not renowned to take the lead on some issues. I 
am proud that the European Union imposed sanctions on Uzbekistan today 
seeking to punish, according to the New York Times, October 3, 2005:

     . . . seeking to punish the Central Asian nation for its 
     refusal to allow an international investigation into the 
     bloody crackdown of an uprising in May in the northeastern 
     city of Andijon.
       The sanctions against Uzbekistan impose an embargo on 
     exports of arms and equipment that might be used for internal 
     repression and suspend meetings between the European Union 
     and Uzbekistan that were aimed at accelerating the former 
     Soviet state's rapprochement with the West. They will also 
     forbid the travel of Uzbek officials directly involved [in] 
     the crackdown to the 25 European Union states.
       Survivors and independent organizations claim--

  This is survivors, their actual statements--

       and independent organizations claim that hundreds of people 
     were killed, almost all of them unarmed. Uzbekistan, an 
     autocratic state that had been an ally with the Bush 
     administration's counter-terrorism efforts, has argued that 
     the crackdown was a necessary counter-terrorism operation, 
     and said only 187 people, principally Islamic terrorists, 
     were killed. It has stubbornly resisted calls for an open 
     investigation of its crackdown of the uprising.
       As criticism over the violence mounted in the spring and 
     summer, Uzbekistan sharply shifted its foreign policy, 
     aligning itself more closely with Russia and China and 
     trimming its relations with the West. In July, it ordered the 
     United States to leave an airbase it has been using since 
     2001, an eviction now scheduled for early next year.

  Last month, Uzbekistan hosted a small joint military exercise with 
Russian troops, signaling its new allegiances.

       Meeting in Luxembourg, the foreign ministers of European 
     Union states approved the sanctions an initial period of one 
     year, allowing for a review in 2006 of Uzbekistan's 
     willingness to ``adhere to the principles of respect for 
     human rights, rule of law, and fundamental freedoms.''

  A fundamental pillar of this administration's policy and previous 
administrations is the adherence to principles of respect for human 
rights, rule of law, and fundamental freedoms, all of which are 
routinely violated by this thug Karimov and his government.
  Mr. President, I ask unanimous consent that the New York Times 
article, the Washington Post article I just cited, an article from 
Defense News, an article from Reuters, and an article entitled 
``Andijan Show Trial Proceedings'' be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                [From the New York Times, Oct. 3, 2005.]

             European Union Imposes Sanctions on Uzbekistan

                           (By C.J. Chivers)

       Moscow.--European Union nations imposed sanctions on 
     Uzbekistan today, seeking to punish the Central Asian nation 
     for its refusal to allow an international investigation into 
     the bloody crackdown of an uprising in May in the 
     northeastern city of Andijon.
       The sanctions against Uzbekistan impose an embargo on 
     exports of arms and equipment that might be used for internal 
     repression and suspend meetings between the European Union 
     and Uzbekistan that were aimed at accelerating the former 
     Soviet state's rapprochement with the West. They will also 
     forbid the travel of Uzbek officials directly involved in the 
     crackdown to the 25 European Union states.
       The decision followed months of diplomatic tension between 
     much of the West and Uzbekistan after a prison break and 
     anti-government demonstration on May 13. The demonstration, 
     which survivors said included several thousand people, was 
     scattered by gunfire from Uzbek troops and armored vehicles.
       Survivors and independent organizations claim that hundreds 
     of people were killed, almost all of them unarmed. 
     Uzbekistan, an autocratic state that had been an ally with 
     the Bush administration's counterterrorism efforts, has 
     argued that the crackdown was a necessary counter-terrorism 
     operation, and said only 187 people, principally Islamic 
     terrorists, were killed. It has stubbornly resisted calls for 
     an open investigation of its crackdown of the uprising.
       As criticism over the violence mounted in the spring and 
     summer, Uzbekistan sharply shifted its foreign policy, 
     aligning itself more closely with Russia and China and 
     trimming its relations with the West. In July, it ordered the 
     United States to leave an airbase that it has been using 
     since 2001, an eviction now scheduled for early next year. 
     Last month, Uzbekistan hosted a small joint military exercise 
     with Russian troops, signaling its new allegiances.
       Meeting in Luxembourg, the foreign ministers of European 
     Union states approved the sanctions for an initial period of 
     one year, allowing for a review in 2006 of Uzbekistan's 
     willingness to ``adhere to the principles of respect for 
     human rights, rule of law and fundamental freedoms.''
       The trade ban covers weapons and ammunition, as well as 
     dozens of items that could be used in crackdowns and police 
     work, including helmets and certain types of body armor, 
     vehicles equipped with armor, leg irons, shackles, tear gas, 
     water cannons, riot shields, fingerprint equipment, search 
     lights, equipment for intercepting or jamming communications 
     and night vision goggles.
       The sanctions also suspended scheduled meetings under the 
     so-called Partnership and Cooperation Agreement, the 
     blueprint that since 1999 has helped develop the European 
     Union's political relations with Uzbekistan and guide 
     economic relations in trade, transport, customs, postal 
     services, telecommunications and other areas.
       Human Rights Watch, the New York-based organization, which 
     has investigated the crackdown and repression in the months 
     since, hailed that move, saying it was the first of its kind 
     in the European Union's history.
       But although the sanctions mark a clear rebuke of the 
     Central Asian state, they have a limited ability to undermine 
     Uzbekistan's military or police capabilities.
       While Uzbekistan has often accepted Western security aid, 
     its military, intelligence and police forces are 
     overwhelmingly equipped with Soviet-era military hardware, 
     which continues to be manufactured and sold by Russia, China 
     and other states outside of the European Union.
       Moreover, Russia has made clear it will not honor the 
     embargo, which may create fresh trade opportunities for its 
     arms industry, a sector that has rebounded in recent years 
     under prodding from President Vladimir V. Putin.
       ``There are no restrictions on weapons supplies to 
     Uzbekistan,'' Russia's defense minister, Sergei Ivanov, said 
     last week in anticipation of the embargo, according to the 
     Interfax news agency. ``We will continue to develop further 
     relations with Uzbekistan.''
       The potential effects of the travel restrictions to Western 
     Europe are also uncertain.
       The Uzbek president, Islam A. Karimov, and the nation's 
     interior minister, Col. Gen. Zakirdzhon Almatov, were in 
     Andijon during the uprising, and survivors have accused them 
     of ordering and directing the violence against the crowd.
       But the European Union has not yet drawn up a public list 
     of officials it suspects of involvement in the violence, so 
     it was not immediately clear which officials might face the 
     travel restrictions. A European Union spokesman said the list 
     will be compiled now that the sanctions have been approved.

[[Page 22092]]

     
                                  ____
               [From the Washington Post, Sept. 30, 2005]

            Uzbeks Stop Working With U.S. Against Terrorism

                           (By Robin Wright)

       After cutting off U.S. access to a key military base, 
     Uzbekistan has also quietly terminated cooperation with 
     Washington on counterterrorism, a move that could affect both 
     countries' ability to deal with al Qaeda and its allies in 
     Central Asia and neighboring Afghanistan, U.S. officials 
     said.
       The government of President Islam Karimov, one of the most 
     authoritarian to emerge from the collapse of the Soviet 
     Union, has made a broader strategic decision to move away 
     from the 2002 agreement made with President Bush after the 
     Sept. 11,2001, attacks and is cooling relations with Europe 
     as well, the officials said.
       The move follows tough criticism from Washington and the 
     European Union over Uzbekistan's crackdown on protests in May 
     in Andijan province, where human rights and opposition groups 
     say hundreds died. Uzbekistan has charged that terrorists 
     initiated the violence.
       As tensions deepen, Karimov is shifting his strategic 
     alliance toward Russia and China, the officials said. In 
     July, Tashkent banned U.S. troops and warplanes from the 
     Karshi-Khanabad air base, which was used for 
     counterterrorism, military and humanitarian missions.
       Because of the internal Uzbek crackdown, the European Union 
     laid the groundwork yesterday for a vote expected on Monday 
     to impose new sanctions on Uzbekistan for failing to allow an 
     independent international inquiry of the Andijan incidents. 
     The measures include an embargo on arms and any equipment 
     that could be used for internal repression, and visa 
     restrictions for any Uzbek official linked to the violence, 
     European diplomats said.
       Senior officials from the State Department, the Pentagon 
     and the National Security Council held three hours of talks 
     with Karimov on Tuesday to express US. concern about Uzbek 
     human rights violations and the deterioration in relations 
     between the two countries.
       ``We do want to cooperate, but it has to be across the 
     board, not just on counterter-
     rorism and security but also to support democratic and market 
     reforms,'' Assistant Secretary of State Daniel Fried said 
     yesterday in a telephone interview from Kazakhstan. He called 
     the recent Uzbek decision to cut back on counterterrorism 
     cooperation ``very disappointing. ``
       A spokesman from the Uzbek Embassy in Washington said his 
     nation is still cooperating with the United States but would 
     not comment further.
       The E.U. has been pressuring Washington to impose similar 
     sanctions, but the Bush administration wants to give Karimov 
     one last chance to renew cooperation. ``The United States is 
     going to look very closely at whether Karimov responds to our 
     message, and, if not, we will draw conclusions,'' Fried said. 
     ``We're not talking about six months. My purpose was not to 
     drag out the process.''
       The Bush administration has concluded that Karimov fears 
     democracy more than terrorism, officials said. The biggest 
     threat to his government is the Islamic Movement of 
     Uzbekistan, which a State Department report says has been 
     involved in attacks on U.S. forces in Afghanistan and has 
     plotted attacks on U.S. diplomatic facilities in Central 
     Asia. Aligned with al Qaeda, it seeks to overthrow Karimov 
     and create an Islamic government, the report says.
       The Uzbek issue is gaining more attention on Capitol Hill. 
     Reps. William D. Delahunt (D-Mass.) and Lloyd Doggett (D-
     Tex.) held a news conference yesterday to urge the White 
     House to end all Pentagon payments to Tashkent and to go to 
     the United Nations to bring the Uzbek leader to justice.
       Karimov ``inflicts immeasurable pain and misery on his own 
     people and then evicts us from a strategic military 
     facility--and the Pentagon's idea of a penalty is the gift of 
     millions of U.S. tax dollars,'' Delahunt said. The Pentagon 
     recently agreed to pay $23 million for past use of the K-2 
     air base.
                                  ____


                  [From Defense News, Sept. 28, 2005]

                U.S. To Leave Uzbek Air Base: Official)

                       (By Agence France-Presse)

       The U.S. military will vacate a military air base it had 
     been using in Uzbekistan without further discussion, as 
     demanded by the Uzbek authorities, a senior U.S. official 
     confirmed on Sept. 27. ``We intend to leave the base without 
     further discussion,'' Dan Fried, assistant secretary of state 
     for European and Eurasian affairs, told reporters after 
     meeting here with Uzbek President Islam Karimov.
       Fried also confirmed Washington would pay Uzbekistan 23 
     million dollars for the past use of Karshi-Khanabad air base, 
     also known as K-2, despite objections by members of the U.S. 
     Congress. Uzbekistan in July gave the U.S. military six 
     months to end operations at K-2, effectively severing a 
     partnership that sprang up in 2001 on the eve of the U.S. 
     military campaign to oust the Taliban in Afghanistan.
       Uzbek lawmakers ratified the eviction notice last month. 
     The base was a crucial staging area for U.S. forces operating 
     in northern Afghanistan, and after the war became a hub for 
     flights carrying supplies for U.S. and NATO forces in the 
     country.
       The eviction notice came after Washington called for an 
     international investigation into last May's crackdown in the 
     eastern city of Andijan that the government said left 187 
     people dead but which human rights groups said amounted to a 
     massacre of civilians. Fried admitted to differences with 
     Karimov during his meeting with the Uzbek leader.
       ``We did not agree on all issues and made it clear we 
     support civil society and NGOs around the world just like 
     foreign NGOs can operate in the U.S.,'' he said. Several 
     international non-governmental organizations accuse the Uzbek 
     authorities of having killed hundreds of unarmed civilians in 
     Andijan. Fried said his visit came after a difficult period 
     in U.S.-Uzbek relations, ``which included human rights issues 
     and Andijan events.''
       He said his message to Uzbek officials was to determine a 
     basis on which U.S.-Uzbek relations and cooperation could 
     move ahead, provided such notions as democracy, human rights 
     and political reforms were taken into account. He also denied 
     allegations by one of 15 alleged Islamist insurgents on trial 
     over the Andijan bloodshed that the U.S. embassy had provided 
     funding to his group.
       ``The assertions about helping Islamic insurgents are 
     ludicrous and no credible,'' he said. Fried was scheduled to 
     meet representatives of Uzbek civil society groups on 
     Wednesday, and was later due to visit Kazakhstan and 
     Kyrgyzstan for talks on bilateral and regional issues, 
     including the fight against terrorism, officials said.
                                  ____


               [From Reuters Foundation, Sept. 30, 2005]

                     Central Asia: Weekly News Wrap

                             (Source: IRIN)

       Ankara.--The trial of 15 men accused of plotting to 
     overthrow the Uzbek government in the eastern city of Andijan 
     entered its second week in the Uzbek capital, Tashkent.
       Upwards of 1,000 civilians may have been killed in Andijan 
     on 13 May, according to some rights groups, when security 
     forces opened fire on protesters demonstrating against the 
     government of Uzbek President Islam Karimov, who has ruled 
     Central Asia's most populous state since the collapse of the 
     former Soviet Union in 1991.
       Despite international pressure, Tashkent has rejected all 
     requests for an independent international inquiry, placing 
     the official death toll at 187.
       The 15 men have pleaded guilty to trying to overthrow the 
     Uzbek government and create an Islamic state in a violent 
     uprising that prosecutors maintain was stoked by Western 
     media. More than 100 people face charges that include murder, 
     fomenting mass arrest and an attempted coup.
       On Monday, three defendants testified they had trained at 
     military camps in neighbour-
     ing Kyrgyzstan, further backing Tashkent's claim of a 
     conspiracy that included foreign fighters and funding, one 
     AFP report said.
       ``We were given money by the U.S. embassy to achieve our 
     goals,'' Tavakkalbek Hojiyev, one of the alleged insurgents, 
     reportedly told the court.
       But human rights groups, who have repeatedly called for 
     international pressure, maintain the well orchestrated trial 
     was merely a concerted effort to bury the truth.
       On Thursday, the European Union (EU) answered those calls 
     by announcing it would impose ``smart sanctions'' on Tashkent 
     following its refusal to allow for an international inquiry.
       The decision, to be approved by EU foreign ministers on 
     Monday, marks a hardening stance by the international 
     community against Tashkent, Britain's Telegraph newspaper 
     reported. Criticism of the Uzbek authorities from Washington 
     has already led to the U.S. being ordered to remove its 
     airbase at Karshi-Khanabad, in the southeast, the report 
     added.
       Once a staunch ally in America's wars against terror, 
     relations between the two countries have soured over Andijan. 
     On Monday, the U.S. vowed not to trade democratic principle 
     for continued use of the base, the AFP reported.
       EU diplomats reportedly said the sanctions would include 
     redirecting EU funds from the Uzbek government to grassroots 
     organisa-
     tions, banning senior Uzbek government figures from visiting 
     European countries and halting the sale of weapons.
       Moving to Tajikistan, Tajik President Emomali Rahmonov on 
     Tuesday told a conference on coordinating donor aid to 
     protect the Tajik-Afghan border that the situation with 
     regard to drug proliferation was in hand.
       Despite a lack of military equipment, Tajik border guards 
     had proved they could protect their 1,206 km border on their 
     own, following the departure of Russian troops in the area in 
     June, the president claimed. The country has become a major 
     route for drugs smuggled to Europe and Russia from 
     Afghanistan.
       One day earlier, U.S. Ambassador to Tajikistan Richard 
     Hoagland and Minister of Foreign Affairs Talbak Nazarov 
     signed a Letter of Agreement for U.S. $9 million to assist 
     the country's border guards. According to an

[[Page 22093]]

     embassy statement, the funding would provide infrastructure 
     improvements, border outpost development, transportation and 
     other necessary equipment for the guards.
       The funding is part of the U.S. Department of State's 
     Bureau of Narcotics and Law Enforcement Affairs continuing 
     support for Tajikistan's border guards, the Tajik Drug 
     Control Agency and the Ministry of Interior. Since December 
     2004, Washington has provided or is in the process of 
     providing over $16 million worth of assistance to the former 
     Soviet republic's law enforcement agencies.
       Staying in Tajikistan, Tajik authorities on Tuesday 
     confirmed the arrest of a Russian citizen who allegedly 
     belonged to the outlawed Islamic Movement of Uzbekistan 
     (IMU), the AP said.
       Blamed for a series of armed incursions into Uzbekistan in 
     1999-2001, as well as other attacks, the IMU has been 
     designated by the U.S. State Department as a terrorist 
     organisation, the report added.
       Kyrgyzstan's parliament on Tuesday turned down six of 16 
     candidates proposed by President Kurmanbek Bakiyev to form a 
     new cabinet, including his close ally Roza Otunbayeva, who 
     was nominated to head the foreign ministry.
       According to the AP, many lawmakers, many of whom were 
     holdovers from the era of Bakiyev's ousted predecessor, Askar 
     Akayev, also rejected the appointment of Bakiyev's nominees 
     for the cabinet's chief of staff as well as culture, labour 
     and transport ministers and the head of the migration 
     service.
       On 1 September, parliament approved Felix Kulov as prime 
     minister. Kulov was a former security chief who had been 
     jailed by Akayev for alleged corruption, the reported said.
       Meanwhile in Kazakhstan, Reporters Without Borders (RSF) on 
     Wednesday condemned the action of the Kazakh printing press 
     Vremia Print in unilaterally terminating contracts to print 
     seven opposition newspapers without explanation on Monday.
       ``It is unacceptable that the Kazakh public is being 
     deprived of independent and opposition news in the run-up to 
     the 4 December presidential elections,'' the press watchdog 
     group said. ``We call on President Nursultan Nazarbayev to 
     respect press diversity, especially at such a crucial moment 
     in the country's political life.''
       Print media had proven the only source of independent news 
     in Central Asia's largest state, as all TV stations were 
     controlled by Nazarbayev associates, RSF claimed.
       Lastly in Turkmenistan, the Turkmen Initiative for Human 
     Rights announced that all Russian schools which used to 
     operate had been transformed into Turkmen schools. Yet, one 
     class with Russian as the language of instruction would 
     remain in each of the schools.
       With Russian schools being closed and demand for Russian 
     instruction exceeding available places, only those children 
     whose parents held Russian citizenship or a migrant status to 
     Russia would be allowed to attend, the Vienna-based group 
     noted on Tuesday.
                                  ____


  Andijon Show Trial Proceedings: Testimony of Hostages, Accusations 
                       against the U.S. and Press


 Uzbekistan: Defendants In Andijon Trial Reiterate Guilt, Blame Others

       Prague.--The defendants allegedly behind the May uprising 
     in the eastern Uzbek town of Andijon are confessing to the 
     charges and saying foreign countries instigated the revolt.
       One of the defendants, Tavakalbek Hojiev, said yesterday 
     that the U.S. Embassy in Tashkent financially supported the 
     uprising. He did not provide any evidence but said he was 
     informed about the fact by another man--Qobiljon Parpiev--
     whom the Uzbek government has accused of helping instigate 
     the violence.
       ``He [Parpiev] told me that the U.S. Embassy has allocated 
     the money [for the uprising.]'' Hojiev said. ``And if our 
     action in Andijon would not succeed we had to leave for 
     Kyrgyzstan. He said that this was the plan. According to this 
     plan, we left for Kyrgyzstan.''
       Parpiev was among the protesters who seized the regional 
     administration building in Andijon on 13 May. He escaped when 
     Uzbek forces opened fire on protesters, and fled the country.
       Hojiev said the aim of foreign countries allegedly 
     assisting the revolt was to overthrow the Uzbek government by 
     provoking a ``colored revolution.''
       U.S. State Department spokesman Sean McCormack, speaking 
     yesterday at a news briefing in Washington, denied any links 
     between the U.S. Embassy in Tashkent and the Andijon unrest.
       ``With respect to Andijon, we continue to support an 
     independent, international inquiry,'' McCormack said. ``As 
     for Embassy involvement in this tragic incident, this has 
     come up before and there's just no basis for it.''
       Three defendants--all ethnic Uzbeks with Kyrgyz 
     citizenship--said yesterday that they received training at a 
     camp in Kyrgyzstan. One of them, identified as Burkhanov, 
     said one of the instructors was a red-haired, blue-eyed 
     Chechen named Mamed who taught them how to operate weapons 
     and dig trenches.
       ``Three of us were brought to a firing range in Teke (a 
     village in the Osh region of Kyrgyzstan),'' Burkhanov said. 
     ``When we arrived, there were three strangers besides people 
     we already knew. We greeted them and (alleged militant) Akrom 
     Mamadaliev introduced them to us. One of them was named 
     Mamed. lie had red hair, blue eyes, and a beard. Then Akrom 
     Mamadaliev told that man (Mamed) and another man to train us. 
     Then we stepped into a room and Mamed showed us how to 
     disassemble and assemble [a weapon].''
       Kyrgyz authorities have refuted any efforts to link 
     Kyrgyzstan to the events in Andijon.


            Former hostages testify in Uzbek uprising trial

       Tashkent--Former hostages and other witnesses testified 
     Wednesday in the trial of 15 alleged participants in a May 
     uprising that was brutally suppressed by Uzbek government 
     troops.
       Former hostage Rakhimjon Kurbonov, a van driver, said he 
     was shot in the back and the leg when rebels used him as a 
     human shield. He also said he had been beaten up by relatives 
     of some of the 23 religious businessmen whose trial on 
     extremism charges sparked the uprising.
       Former hostage Bakhtiyor Murodov, a government official, 
     said he was severely beaten and tortured by rebels and urged 
     judges to sentence the defendants to death for ``betraying 
     humanity and their motherland.''
       Another ex-hostage, Oibek Tojiboev, said the rebels had 
     threatened to soak the hostages in petrol and set them on 
     fire.
       Dilshodbek Usmonov, a police officer, told court on 
     Wednesday he had been taken hostage by ``a crowd of armed 
     plainclothes men.''
       Usmonov also accused some journalists who entered regional 
     government headquarters seized by the rebels to talk to their 
     leaders of ignoring ``wounded and bloodied hostages.''
       ``What kind of journalists are they?'' he asked. ``They 
     don't care about the suffering of ordinary people.''


     Uzbek ``victims'' urge capital punishment for terror suspects

       Tashkent--Victims of the Andijon events are demanding 
     capital punishment for defendants in court in Tashkent. 
     Capital punishment is executed by firing squad in Uzbekistan.
       Giving testimony, Odiljon Mansurov, director of a transport 
     company, said that his car had been stopped by unknown armed 
     people in the early morning of 12 May, and that he had been 
     taken to the regional administration building.
       According to him, terrorists tried to take as many hostages 
     as possible. ``At first they wanted to exchange us for their 
     supporters held in prison, but they later decided to use us 
     as `human shields' against law-enforcement officers,'' 
     Mansurov said.
       He also said that hostages had been beaten up, and that two 
     law-enforcement officers had been killed before his eyes.
       ``They said they were acting in the name of religion and 
     [to protect their] business interests, but their goals were 
     completely different. They cannot be forgiven. I ask the 
     court to give them capital punishment,'' he said.


       Defendants pin the blame on the Americans and journalists

       Yesterday, the U.S. Department of State denounced the 
     accusations that the U.S. Embassy in Uzbekistan had allegedly 
     orchestrated and financed the May revolt in Andizhan. 
     Defendants standing trial for participation in the revolt 
     announced that the conspiracy against the Uzbek authorities 
     had been arranged by the Americans, journalists, and human 
     rights activists. This newspaper contacted some of the 
     ``conspirators'' who managed to escape from Uzbekistan.
       The United States was first accused in the trial in 
     Tashkent by defendant Tavakkol Khodzhiyev on Monday. 
     Khodzhiyev told the Supreme Court that the revolt in Andizhan 
     had been financed by the U.S. Embassy. ``We got money from 
     the U.S. Embassy,'' Khodzhiyev confessed. ``The Americans 
     intended to provoke a ``color revolution'' and disrupt the 
     constitutional system of Uzbekistan.'' Dwelling on the so 
     called conspiracy, defendants could not say how much the 
     Americans had invested in the coup d'etat and concentrated on 
     its details instead. According to defendant Husanzhon 
     Turabekov, one Kelly (a citizen of the United States) was in 
     contact with the Akramians. She drove a red Jeep and was 
     always accompanied by human rights activists and journalists. 
     Matlyuba Azamatova of Uzbekistan, BBC reporter in the 
     Ferghana Valley, was usually with the American. Turabekov 
     said that Azamatova and experts on human rights had become 
     the main agitators and instigators. ``When the Andizhan 
     khokimijat was overrun, they made speeches in the square all 
     day long, condemning the powers-that-be and urging rebels to 
     hold on. They said that help was coming.''
       Pleading guilty and demanding capital punishment for 
     themselves at the very first meeting of the Supreme Court, 
     the defendants became prosecutors. They go on

[[Page 22094]]

     confessing and exposing the anti-Uzbek conspiracy of 
     Washington, International terrorism, journalists, and human 
     rights activists. The defendants maintain that they are 
     treated properly in prison and that they are shocked by how 
     outrageously media outlets and human rights activists spread 
     lies about the Uzbek regime. The prosecution, Deputy 
     Prosecutor General Anvar Nabiyev, had appraised the media in 
     a similar manner when the trial was just beginning. Nabiyev 
     called journalists ``jackals'' and ``carrion eaters''. The 
     deputy prosecutor general put on the list of enemies of 
     Uzbekistan IWPR Tashkent Division Director Galima 
     Bukharbayeva, Ferghana. Ru correspondent Aleksei Volosevich, 
     RL correspondent Andrei Babitsky, and Amazatova. According to 
     Nabiyev, they had depicted terrorists as freedom fighters and 
     promoters of democracy. BBC got the worst of it. Nabiyev 
     announced that its correspondents had ``shamelessly spread 
     prejudiced lies on what was happening on the orders from 
     certain external forces.''

  Mr. McCAIN. Mr. President, let me tell you what the Uzbek Government 
did. They arrested some people. Here is what happened. This is Reuters:

       Uzbekistan: Defendants in Andijon Trial Reiterate Guilt, 
     Blame Others. The defendants allegedly behind the May 
     uprising in the eastern Uzbek town of Andijon are confessing 
     to the charges and saying foreign countries initiated the 
     revolt.
       One of the defendants, Tavakkalbek Hojiyev, said yesterday 
     that the U.S. Embassy in Tashkent financially supported the 
     uprising.

  Mr. President, here is the old Stalinist trial where they beat the 
defendant into submission, have him confess, and then blame the U.S. 
Embassy in Tashkent, and we are going to give them 23 million bucks?
  As I said:

     . . . that the U.S. Embassy in Tashkent financially supported 
     the uprising. He did not provide any evidence but said he was 
     informed about the fact by another man . . . whom the Uzbek 
     government has accused of helping instigate the violence.
       ``He told me that the U.S. Embassy has allocated the money 
     [for the uprising,]'' Hojiyev said. ``And if our action in 
     Andijon would not succeed we had to leave for Kyrgystan. He 
     said that this was 
     the plan. . . .
       Parpiev was among the protesters who seized the regional 
     administration building in Andijon on 13 May. He escaped when 
     Uzbek forces fired on protesters. . . .

  It goes on and on. It is the age-old Stalinist tactic: Take somebody, 
torture them, and force them to confess. And they are blaming the 
United States of America.
  This is the Karimov Government that we are going to give $23 million 
and that is now alleging that the United States of America not only was 
responsible for this uprising in Andijon, but the ``colored 
revolutions'' all over the world--Lebanon, Georgia, Kyrgyzstan, 
Ukraine.

       Former hostages and other witnesses testified Wednesday in 
     the trial of 15 alleged participants in a May uprising that 
     was brutally suppressed by Uzbek government troops. . . 
     .Former hostage Rakhimjon Kurbonov, a van driver, said he was 
     shot in the back and leg when rebels used him as a human 
     shield. He also said he had been beaten up by relatives of 
     some of the 23 religious businessmen. . . .

  On and on and on.

       Yesterday, the U.S. Department of State denounced the 
     accusations that the U.S. Embassy in Uzbekistan had allegedly 
     orchestrated and financed the May revolt in Andijon. 
     Defendants standing trial for participation in the revolt 
     announced the conspiracy against the Uzbek authorities had 
     been arranged by the Americans, journalists, and human rights 
     activists.

  This is an echo of the days of the Cold War, Mr. President. This is 
when the Stalinists were in charge.
  Finally:

       Upwards of 1,000 civilians may have been killed in Andijon 
     on 13 May, according to some human rights groups, when 
     security forces opened fire on protesters demonstrating 
     against the government of President Islam Karimov, who has 
     ruled Central Asia's most populous state since the collapse 
     of the Soviet Union in 1991.
       Despite international pressure, Tashkent has rejected all 
     requests for an independent international inquiry, placing 
     the official death toll at 187.
       The 15 men--

  Guess what--

     have pleaded guilty . . .

  Is that a surprise that the defendants have all pleaded guilty, 
condemning themselves to life sentences or death?

       The 15 men have pleaded guilty to trying to overthrow the 
     Uzbek Government and create an Islamic state in a violent 
     uprising that prosecutors maintain was stoked by Western 
     media. More than 100 people face charges that include murder, 
     fomenting mass arrest and an attempted coup.

  Mr. President, I will curtail my remarks and just say to my friend 
from Alaska--I know he has a very busy agenda--if I were able to 
authorize on an appropriations bill--which I am not--I would say at the 
completion of a thorough investigation of the massacre of Andijon. I 
cannot do that because this is an appropriations bill, so the amendment 
basically says no money shall be spent in 2006.
  My whole purpose in this is to have the investigation by an 
international organization, find out who is guilty, and recognize we 
are dealing with a very brutal, repressive, old-time Stalinist regime.
  I thank the chairman for his courtesy.
  Mr. President, I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  Mr. STEVENS. Mr. President, will the Senator yield?
  Mr. McCAIN. At a time to be determined by the distinguished chairman.
  The ACTING PRESIDENT pro tempore. There appears to be a sufficient 
second.
  The yeas and nays were ordered.
  Mr. STEVENS. I thank the Senator from Arizona. Mr. President, I ask 
unanimous consent that there be 4 minutes equally divided on this 
amendment before the vote when it does occur.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. STEVENS. I say to the Senator, I will be pleased to work with the 
Senator from Arizona to amend this so even though it might be 
legislation, it urge, at least, an investigation that the Senator has 
mentioned. Perhaps we can work it out before the time for the vote.
  Mr. McCAIN. I yield the floor.
  Mr. STEVENS. I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the 
Senator's amendment No. 1978 not be subject to a second-degree 
amendment, but would be subject to an amendment by the Senator from 
Arizona should he wish to amend the amendment.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. McCAIN. I thank the Senator.
  Mr. STEVENS. I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Nomination of Harriet Miers

  Mr. REID. Yesterday, President Bush announced that he will nominate 
White House Counsel Harriet Miers to the Supreme Court. I congratulate 
Ms. Miers on this high honor, and I pledge that Senate Democrats will 
work in good faith to ensure a dignified and thorough confirmation 
process. It is now well known that I suggested to the President that 
Harriet Miers would be worthy of the President's consideration. The 
President has chosen her as a replacement for retiring Supreme Court 
Justice Sandra Day O'Connor. I am grateful that the President took 
account of my views.
  Over the coming days and weeks, we will learn more about Harriet 
Miers. The Judiciary Committee will hold comprehensive hearings. I do 
not intend to make up my mind about whether to support or oppose 
confirmation of this nominee until after the committee hearings, and I 
hope everyone in the

[[Page 22095]]

Senate will follow that. I think the hearings that were held previously 
in the Roberts nomination were dignified. I thought that Senator 
Specter and Leahy did a remarkably good job. I am confident that they 
will do it in this matter, also.
  The reason that we must proceed in the manner that we did in the 
Roberts hearing is that the Supreme Court is the final guardian of the 
rights and liberties of all Americans. With so much at stake, we should 
not rush to judgment about this or any other nominee. But even at this 
early stage of the confirmation process, I will say that I am impressed 
by what I know about Harriet Miers. She overcame difficult family 
circumstances to become the managing partner of a successful 400-lawyer 
Dallas law firm. That is a big law firm. She was the first woman 
president of the Dallas Bar Association and then the first woman 
President of the Texas State bar association.
  In those roles, she advocated the importance of racial and gender 
diversity in the legal profession and was a strong supporter of legal 
services for the poor. Ms. Miers has not been a judge, but I regard 
that as a strength of her nomination, not a weakness. In my view, the 
Supreme Court would benefit from the addition of a Justice who has real 
experience as a practicing lawyer. A nominee with relevant nonjudicial 
experience would bring a different and a useful perspective to the 
Court. The nomination of Harriet Miers bears similarity to the 
nomination of Lewis Powell. At the time he was nominated by President 
Nixon in 1971, Powell had never been a judge. He had been a pillar of 
the Richmond, VA, bar just as Ms. Miers was a pillar of the Dallas, TX, 
bar. And he served as President of the American Bar Association just as 
Ms. Miers served as President of the Dallas and Texas bar associations.
  Mr. President, I have been told that about 45 percent of all Justices 
who served on the Supreme Court have had no judicial experience before 
they were chosen by a President. I think that speaks volumes about the 
need to diversify the Supreme Court.
  I had lunch at the Supreme Court 6 weeks ago or thereabouts--I do not 
recall exactly when--and at the little table at which I was seated were 
three Supreme Court Justices. I will not mention their names, other 
than to say one was a woman and two were men. So it had to either be 
Justice Ginsburg or Sandra Day O'Connor, one of them. And they were 
very clear in saying that they agreed that there should be strong 
consideration given to someone who had not been a judge. I have been 
told that Byron White, who was selected by President Kennedy, had no 
judicial experience. He had a qualification I am not sure we are going 
to find in many lawyers out there, but he was an All-American football 
player. If you look at the qualifications of appellate judges, I think 
that is important, but remember these people sit in their offices 
usually alone writing opinions. Three of my sons have clerked for 
Federal judges. Those jobs are very lonely and very confining. They 
don't see much of the real world, in my opinion. So I would welcome a 
return to the days when distinguished practicing lawyers and bar 
leaders are recognized as suitable candidates for high judicial office.
  In recent years, Supreme Court Justices have been chosen exclusively 
from the ranks of Federal courts of appeal. The judges on the courts of 
appeal are often very smart, well credentialed, but the life of a 
Federal appeals judge, as I have indicated, is insular and isolated. 
They know the law in an abstract way but don't appreciate the impact of 
the law on the lives of real people.
  I asked Harriet Miers in one of the first conversations I had with 
her, ``Have you ever tried a case?'' She was a trial lawyer. That is 
what she did. She is a little different kind of trial lawyer than I 
was. She was a corporate lawyer and tried cases involving corporate 
problems. But she stated to me in a conversation that I had with her 
that she did divorce work.
  I believe that is so important, that in the future we try to make our 
Presidents aware that the Supreme Court does not have to have all 
appellate judges to go into their ranks. Federal judges are often wise, 
but there is a different kind of wisdom that comes from the day-to-day 
practice of law where they talk to clients, where they pick juries, 
where they argue cases to a jury, and where they talk to clients about 
fees they are going to charge. They participate in the community doing 
work for the poor.
  In any event, there is certainly room for both kinds of judicial 
nominees on the Supreme Court--those with judicial experience and those 
without judicial experience. I hope in the years to come that we look 
favorably upon both--not just someone with appellate experience.
  One thing we certainly need on the Supreme Court is independent 
thinking. Ms. Miers has been George Bush's lawyer for more than a 
decade. He is her friend. I have no problem at all with her being his 
friend. I think that speaks well of both of them--that they have 
confidence in each other, so to speak. But she needs to demonstrate to 
the Senate that she will put those close ties aside when necessary and 
stand in judgment of a President who has elevated her to this Court.
  In the press conference today, just a few hours ago, President Bush 
said, ``Harriet Miers knows the kind of judge I am looking for.'' But 
if she is confirmed, I say Ms. Miers must become the kind of judge the 
American people are looking for--a judge committed to fundamental 
rights and freedom.
  I look forward to the Judiciary Committee's process which will help 
the American people learn more about this nominee and help the Senate 
determine whether she deserves a lifetime seat on the historic Supreme 
Court. But I remind the Senate that the nomination of Harriet Miers 
will not reach the floor for some time, and we are going to cooperate 
fully, as I have indicated, as we did with Judge Roberts. The Democrats 
want the process to move forward expeditiously but fairly.
  After we get back from the week-long recess that will start this 
Friday, we will have 5 weeks. We have a lot of things to do during that 
5-week period. We have many pressing pieces of legislation that need to 
be dealt with in this period of time.
  After the failures of Katrina--I should not say the failures of 
Katrina, Katrina did pretty well on its own as a storm, but what 
happened afterward was failure. And I must say that we now have a 
string of scandals hovering over the Capitol. It is more important than 
ever that we get to work on all the many things we have to do. The 
American people are tired of business as usual in Washington and want 
us to come together to get things done. They want a change. They want 
reform. They want a new direction. And that is what Democrats will be 
looking for in the months ahead.
  We believe it is time for all of us to unite because America can do 
better.
  Together, we can reform the culture of corruption and cronyism that 
is spreading throughout the Nation's Capitol, a culture that led to 
Michael Brown at FEMA and the failure of Katrina and the Republican 
scandals we are now reading about.
  Together, we can come together to help working families who are being 
pinched at the gas pump. In the short term we can investigate price 
gouging, and in the long run we can move our country closer to energy 
independence by the year 2020.
  Together, we can meet our obligation to keep America strong and 
secure. We can make a real commitment to finding out what went wrong 
during Katrina and fixing it. And we can pass the Department of Defense 
authorization bill to protect our fighting men and women in uniform 
representing our great country. We can insist that the President 
provide our troops with a clear strategy and paths for success in Iraq. 
Yesterday I spoke to a marine major who spent 8 months in Iraq in 
combat. The cities he worked to clear of terrorists and insurgents are 
not clear anymore.
  In addition to that--a clear path for success in Iraq that the 
President must give us because certainly the mission has not been 
accomplished--we also

[[Page 22096]]

have to confront the health care crisis--and it is a crisis. We have to 
confront it by bringing down costs and helping over 40 million 
uninsured Americans get the care they need.
  Together, we can show the American people that we understand our 
budget priorities must change following the worst natural disaster in 
our Nation's history and that we understand it is not time to cut 
Medicaid, a program that was set up years ago to protect the poorest of 
the poor with their medical problems.
  We can't cut education. Why would we do that? So the administration 
can spend more on tax breaks for multi- interests and 
multimillionaires? In calling for spending cuts, the President talked 
like a fiscal conservative, but in his 5 years in office, he has spent 
like a fiscal wreck. While our deficits were mounting, he had no 
problem spending trillions of dollars on tax breaks for the few. But 
now, in the wake of this disaster, when the Federal Government begins 
to help rebuild the lives of Americans who have lost everything, he 
says he is interested in fiscal discipline. Yet whose benefits would he 
cut?
  Just weeks after the economic and social divide in our country had 
been ripped open for all to see, he is proposing deep cuts in the 
crucial services that help American families get ahead. Around the gulf 
coast, some of America's most neediest families suffered the most. Why? 
Simply because they were poor. Now, while continuing to push for tax 
breaks for special interests, financed with more debt, the President 
wants Katrina's survivors and other vulnerable Americans to pay for 
reconstruction also. America can do better. We must do better. And 
Democrats are committed to leading the way.
  There is another area where we will not give up the fight--helping 
Katrina victims. Today, the President made a point of mentioning how he 
wants to pay for ``rebuilding the gulf,'' but let us not forget that we 
still have to do the work that I call rebuilding lives.
  This morning, the President was also asked about relief efforts and 
whether families are getting what they need. He said things are going 
``pretty good.'' But anyone who has seen the news would question that 
is the case.
  On Sunday, newspapers all over the country had different titles. But 
the Washington Post ran an article titled, ``Housing Promises Made to 
Evacuees Have Fallen Short.'' That is an understatement. This article 
talks about tens of thousands of evacuees still living in hotel rooms, 
if they are lucky, and facing the possibility of eviction in less than 
2 weeks. That is not pretty good.
  Another story over the weekend explained that FEMA is stopping its 
cash assistance program for hurricane survivors. When that happens, 
many victims will have only unemployment insurance to turn to, if they 
are lucky. Those who didn't have a job when Katrina hit won't be 
eligible for unemployment, and those who are eligible will find their 
benefits grossly inadequate.
  Is this just a term I am using, ``grossly inadequate''? Let us look 
at it. For example, a formerly self-employed person in Mississippi can 
expect to receive $86 a week to meet his or her family's needs. That is 
not ``pretty good.'' If you lost your home, your job, and all your 
possessions, would you be feeling ``pretty good'' about $86 a week? I 
don't think so. America can do better than that.
  For weeks, Democrats have been trying to get victims the relief they 
need. Unfortunately, too many of my colleagues on the other side of the 
aisle have not shared our sense of urgency.
  Days after the storm, Democrats proposed a plan for comprehensive 
emergency relief. It was introduced as S. 1637, the Katrina Emergency 
Relief Act of 2005. This legislative package was designed to get 
families assistance in four areas: housing, health care, education, and 
financial relief. Here it is more than a month later while Senators 
Grassley and Baucus, a Democrat and a Republican, chairman and ranking 
member of our Finance Committee, have been working hard. This 
Republican Senate has made virtually no progress. In fact, most of the 
Senate's time has been taken up by legislation that has little or no 
help for the victims. Last spring, Republicans in Congress and the 
President moved mountains in the middle of the night to intervene in 
one Florida family's tragedy. But today, when thousands of displaced 
families are struggling to survive, Republicans are sitting on their 
hands.
  America can do better. We can start tomorrow by finally addressing 
the needs of Katrina's victims in a comprehensive manner.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Thune). The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that I be 
permitted to proceed as in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                      Nomination of Harriet Miers

  Mr. McCONNELL. Mr. President, today I rise to commend President Bush 
for his choice of Harriet Miers to be the Nation's next Associate 
Justice of the Supreme Court. Ms. Miers has an exemplary record of 
service to our country. She will bring to the Court a lifetime of 
experience in various levels of government and at the highest levels of 
the legal profession. She is a woman of tremendous ability and very 
sound judgment.
  Ms. Miers received her bachelor's degree and law degree from Southern 
Methodist University in her native Texas. Upon graduation, she clerked 
for District Judge Joe Estes in the early 1970s. Ms. Miers has a 
distinguished career as one of the foremost lawyers in this country. 
She served has a role model for women lawyers everywhere. After 
clerking with Judge Estes for 2 years, Harriet was the first woman ever 
hired at the renowned Dallas law firm of Locke Purnell Rain Harrell in 
1972. By 1978, she had made partner. And 24 years after first entering 
the firm's doors, her colleagues elected her to be the first female 
president. She was the first woman to lead a Texas firm of that size 
and stature. That is a remarkable rise and a testament to her ability 
to lead and, for that matter, to inspire others.
  Further evidence of her administrative skill came when her firm 
merged with another firm to become the larger Locke Liddell & Sapp, 
LLP, and Ms. Miers became the comanaging partner, overseeing 400 
lawyers. As an accomplished trial litigator, Ms. Miers has skillfully 
represented clients as varied as Microsoft, Walt Disney, and SunGuard 
Data Systems. Her peers have recognized her many talents, as the 
National Law Journal has repeatedly honored her as one of the top 
lawyers in our country.
  Complex corporate litigation is a notoriously challenging practice 
area. Ms. Miers' ability to master a wide range of substantive legal 
issues has served her well time and time again, both in government and 
in the private sector.
  In 1985, Harriet Miers became the first woman president of the Dallas 
Bar Association, and in 1992, she became the first woman president of 
the State Bar of Texas. She has played a large role in the American Bar 
Association, serving in various leadership positions in that 
organization, including as chair of the board of editors of the 
prestigious ABA Bar Journal.
  Ms. Miers has great experience in government, as well as at the 
local, State, and Federal levels. In 1989, she was elected to the 
Dallas city council. From 1995 to 2000, she volunteered to serve as 
chairwoman of the Texas Lottery Commission, while fulfilling her time-
consuming duties as a leader in a prestigious law firm. She was a 
powerful force for the fair and honest administration of the State 
lottery which had previously suffered from scandal. In an editorial, 
the Dallas Morning News commended her for her meritorious service and 
for her integrity.

[[Page 22097]]

  Ms. Miers has great experience in the Federal Government, as we all 
know, serving as assistant to the President and staff secretary, Deputy 
Chief of Staff to the President, and in her current role as Counsel to 
the President, where I and others have had a good deal of dealings with 
her over the last few months. She succeeded Attorney General Gonzales 
as White House Counsel. All of my dealings with her have been of the 
highest order. I really couldn't compliment her more, both for her 
personality and for her legal skills. My interaction with her could not 
have gone better in every respect.
  In these duties, she has grappled with the challenging issues that 
face not only the White House but our entire country these days. She is 
an accomplished lawyer who has won the respect of Republicans and 
Democrats alike. She understands the role of a judge is not to 
legislate from the bench but to interpret the law. She will bring to 
the Supreme Court her broad experiences in the worlds of government and 
the law. She is well qualified to join our Nation's highest court and 
the President, after unprecedented consultation with the great majority 
of us in the Senate, has made an outstanding nomination. She will make 
a fine addition to the Supreme Court, and I look forward to her 
confirmation.
  Now that we have a nominee, it is the Senate's responsibility to 
provide advice and consent in a fair, dignified, and responsible 
manner. We did that on the Roberts nomination. I fully expect the 
Senate to conduct itself in the same way on the Miers nomination.
  In doing so, we should follow three basic principles: We should treat 
Harriet Miers respectfully. We should have a fair process, and we 
should complete our process with an up-or-down vote in a timely manner.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REED. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Ms. Murkowski). Without objection, it is so 
ordered.
  Mr. REED. Madam President, I also ask the pending amendment be laid 
aside.
  The PRESIDING OFFICER. Is there objection? The Chair hears none, and 
it is so ordered.


                           amendment no. 1943

  Mr. REED. I ask to call up amendment No. 1943.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Rhode Island [Mr. Reed] proposes an 
     amendment numbered 1943.

  The amendment is as follows:

      (Purpose: To transfer certain amounts from the supplemental 
authorizations of appropriations for Iraq, Afghanistan, and the Global 
   War on Terrorism to amounts for Operation and Maintenance, Army, 
  Operation and Maintenance, Marine Corps, Operation and Maintenance, 
Defense-wide activities, and Military Personnel in order to provide for 
  increased personnel strengths for the Army and the Marine Corps for 
                           fiscal year 2006)

       At the appropriate place, insert the following:
       Sec. __. (a) Additional Amounts for Increased Personnel 
     Strengths for Army and Marine Corps for Fiscal Year 2006.--
       (1) Additional amount for operation and maintenance, 
     army.--The amount appropriated by title II under the heading 
     ``Operation and Maintenance, Army'' is hereby increased by 
     $1,081,640,000.
       (2) Additional amount for operation and maintenance, marine 
     corps.--The amount appropriated by title II under the heading 
     ``Operation and Maintenance, Marine Corps'' is hereby 
     increased by $31,431,000.
       (3) Additional amount for operation and maintenance, 
     defense-wide activities.--The amount appropriated by title II 
     under the heading ``Operation and Maintenance, Defense-Wide'' 
     is hereby increased by $121,397,000.
       (4) Additional amount for military personnel, army.--The 
     amount appropriated by title I under the heading ``Military 
     Personnel, Army'' is hereby increased by $2,527,520,000.
       (5) Additional amount for military personnel, marine 
     corps.--The amount appropriated by title I under the heading 
     ``Military Personnel, Marine Corps'' is hereby increased by 
     $170,571,000.
       (b) Offsets From Supplemental Amounts for Iraq, 
     Afghanistan, and Global War on Terrorism.--
       (1) Military personnel, army.--The amount appropriated by 
     title IX under the heading ``Military Personnel, Army'' is 
     hereby reduced by $2,527,520,000.
       (2) Military personnel, marine corps.--The amount 
     appropriated by title IX under the heading ``Military 
     Personnel, Marine Corps'' is hereby reduced by $170,571,000.
       (3) Operation and maintenance, army.--The amount 
     appropriated by title IX under the heading ``Operation and 
     Maintenance, Army'' is hereby reduced by $1,081,640,000.
       (4) Operation and maintenance, marine corps.--The amount 
     appropriated by title IX under the heading ``Operation and 
     Maintenance, Marine Corps'' is hereby reduced by $31,431,000.
       (5) Operation and maintenance, defense-wide activities.--
     The amount appropriated by title IX under the heading 
     ``Operation and Maintenance, Defense-Wide'' is hereby reduced 
     by $121,397,000.

  Mr. REED. I also ask unanimous consent to add Senator Hagel as a 
cosponsor of the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REED. Madam President, I rise to offer an amendment which would 
move funding for the end-strength increases included in this bill from 
emergency funding to regular funding, thereby increasing the top lines 
of the Army and Marine Corps budgets.
  Let me first begin by commending Chairman Stevens and Senator Inouye 
for including the end-strength numbers, the increase in this 
legislation. There are no more dedicated individuals committed to the 
welfare and the efficiency of our military forces than Senator Stevens 
and Senator Inouye, and they have raised the end-strength numbers of 
the Army by 40,000, and they have raised the end-strength numbers of 
the Marine Corps by 3,000, and this was over the request included in 
the President's budget.
  I think it is patently clear that additional personnel are necessary, 
and I am pleased to see that this is the conclusion of the 
Appropriations Committee. But simply raising the end-strength number, 
in my view, is not enough. I believe we also have to pay for these 
troops in a very straightforward fashion--not through emergency 
supplementals but through the regular budget process. If we do not 
start doing this now, I believe the Army and the Marine Corps will 
begin to pay a far greater price in the future as supplemental funding 
may diminish, but still the needs for an increased end strength 
persist.
  There is an obvious need for increased end strength. On January 24, 
2004, Army Chief of Staff General Schoomaker announced he had received 
emergency authority to temporarily increase the size of the Army by 
30,000 soldiers for the following 4 years. At that time the leaders of 
the Department of Defense were working on a couple of assumptions.
  First, they were working with a plan formulated in the fall of 2003 
that calculated the numbers of forces in Iraq in mid-2005 to be 
approximately 40,000 troops. Remember, at that time the Pentagon was 
predicting our force levels in Iraq would be 40,000 troops. In the fall 
of 2005, at this moment, we have approximately 139,000 Army troops in 
Iraq, together with 25,000 marines--far above the predicted level of 
troops necessary, in the Pentagon's view 2 years ago, to conduct these 
operations.
  Now this number of about 130,000 troops, Army troops and significant 
Marine Corps forces, has been steady or even higher from the period of 
March 2003, the time of the invasion, to today.
  In addition, General Schoomaker recently told the Associated Press he 
is planning for over 100,000 troops to remain in Iraq through fiscal 
year 2009.
  I think this is very prudent and I commend General Schoomaker for 
doing that which I think is necessary, of publicly stating that we at 
least have to assume for planning purposes a commitment of that number.
  This initial assumption of 40,000 troops in place in Iraq by 2005 is 
clearly inadequate. It has been overtaken by events. Again I think this 
argues for not a temporary increase in troops but a permanent increase 
in end strength and regular funding.
  The second point I make is that in addition to our obligations in 
Iraq,

[[Page 22098]]

which require significant forces--and to have the forces in Iraq, we 
have to have many more forces in the Army and Marine Corps training and 
getting ready to go and recover--in addition to that, Secretary 
Rumsfeld was ambitiously moving forward on a transformation of the Army 
to increase the number of brigades from 33 to 48 and replace 10,000 
military slots with civilian slots, significantly reducing the number 
of soldiers in support positions. This is a very difficult and in some 
cases dynamic experience. We have an army at war and an army in 
transformation simultaneously, but the Army is doing a magnificent job 
in both cases.
  Secretary Rumsfeld argued that this transformation would initially 
cause a spike requiring again a temporary increase of 30,000 soldiers, 
but then within 4 years his projection was that spike would be 
eliminated. However, under the Army's own analysis and even if all 
anticipated efficiencies are widely successful, if we get the 
transformation of military positions and civilian positions, we are 
able to form these brigades to perform as they were expected to 
perform, and all these efficiencies are squeezed out of this 
transformation, the Army has suggested we will not be back down to pre-
911 end strength of 482,400 until fiscal year 2011, 6 years from now.
  Now that is not right. You have two demands, our commitment in Iraq 
and our transformation process, that drive up end strength numbers, not 
in the short term but actually over many years, and we know this right 
now.
  Third, the Pentagon could not have anticipated in some cases their 
involvement in natural disasters such as Hurricane Katrina which is 
creating demand for forces, particularly National Guard forces. As we 
understand, the National Guard is the first responders. They have in 
some respects a dual capacity. They serve the Governors of States, as 
the State militia, as a State force, and then they have a Federal role. 
So these demands on military forces right now, including individual 
units, including demands in the planning process, are a third issue 
that is increasing end strength numbers and, I would argue, also argue 
strongly for regularly paying for these forces.
  Now even before General Schoomaker made his announcement in 2004 of 
an increase temporarily in end strength, Senator Hagel and I were 
arguing that we needed more troops and we needed them for a 
considerable length of time. I think, as I have tried to suggest, this 
need is even more obvious today than several years ago when Senator 
Hagel and I first took the floor. Yet surprisingly the President's 
fiscal year 2006 budget request did not ask for any additional troops 
in terms of end strength. They were operating on this emergency 
mechanism but, as I said initially, I am delighted and pleased to see 
that the Appropriations Committee, under the leadership of Senator 
Stevens and Senator Inouye, has recognized the need to formally 
increase end strength. What I am asking is that this formal increase of 
40,000 Army troops and 3,000 marines be also complemented by including 
their funding in the regular baseline of these forces and not through 
an emergency supplemental.
  This issue of funding is the purpose of my amendment. An end-strength 
increase of 40,000 soldiers and 3,000 marines will cost approximately 
$3.9 billion for 1 year of paid training, housing, and equipment. This 
bill funds the cost through supplemental funding, a mechanism which the 
Department of Defense agrees with. They have always been supportive of 
this, but I would argue again the assumptions that they have 
articulated of a temporary spike, do not consider, I think, fully the 
demands of transformation, and the other external demands of supporting 
foreign deployments and domestic operations such as Hurricane Katrina.
  This funding mechanism is not the best because there are several 
problems with this approach. The first problem is that supplemental 
funding is supposed to be reserved for unforeseen or emergency events. 
The Army and marines have required more troops than their authorized 
end strengths for the past 2 years and it is likely this trend will 
continue for at least 4 more years. That should not be a surprise to 
anyone. These soldiers and marines are clearly not an unforeseen 
happenstance today. So I would argue it should be included in the 
regular budget and not through emergency supplemental funding.
  The second problem is that to continue with supplemental funding 
creates a potentially unhealthy pattern. We pass supplemental funding 
many times. This funding runs out quickly before the end of the year--
usually in about 9 months--and we are presented with a second 
supplemental bill. But these extra soldiers and marines will be in the 
field, we know, beyond 9 months; in fact, as I have suggested, probably 
for several years in terms of their total end strength.
  But the Department of Defense is caught up in this cycle of asking 
for supplementals, running out of money and asking for another 
supplemental.
  Again, I think with respect to this issue of predictable increases in 
end strength of several years, we can avoid that through regular 
funding.
  Another problem with supplementals is the growing concern and 
uneasiness of the American public with respect to funding some of our 
operations.
  Congress, to date, has appropriated $218 billion for the war in Iraq.
  That does not go unnoticed by the American people.
  All of this funding has been through supplementals--in effect, 
deficit spending.
  The Congressional Budget Office points out that we will run a deficit 
in 2005 of about $331 billion--again, a fact not escaping the American 
public.
  This deficit number does not include the significant costs associated 
with Hurricane Katrina and Hurricane Rita.
  In an AP poll conducted 2 weeks ago, 42 percent of those polled 
stated that they preferred to pay for this hurricane relief by cutting 
spending in Iraq.
  That is potentially an ominous note with respect to the priority that 
the American people are suggesting in this poll.
  Only 14 percent, by the way, were willing to continue to add to the 
Federal debt to pay for our operations overseas and our operations in 
the gulf coast with respect to recovery from Katrina and Rita.
  My concern is that the time we can come up and automatically fill all 
the needs of our military forces in Iraq through supplementals may be 
drawing to a close. It will be increasingly more difficult to move 
these supplemental bills to fully pay for our forces as the American 
public begins to be more and more concerned with both the deficit and 
the unexpected increasing costs of contingencies and the cost of our 
operations overseas.
  I believe, if this happens, there is a real potential for both the 
Army and Marine Corps to be caught short having troops in the field 
which they must pay, equip, train, support, and also their families at 
home, but yet being squeezed because supplemental funding will not be 
sufficient. That will require them to look within their own budget to 
cut programs, to cut training, to cut modernization, which is very 
critical not only to their present posture but also to their future 
posture as the world's most formidable land force.
  If these supplementals can't resolve the personnel costs of 
additional troops, the Army will have to look for $3.5 billion within 
their budget, and the Marine Corps would have to look at $400 million.
  These are significant numbers for these services.
  This could put excruciating pressure upon our military forces that 
are already under excruciating pressure, and we can see that reflected 
in many different dimensions.
  Recently, we read about the recruiting shortfall. I believe Secretary 
Harvey of the Army announced today that they are going to increase the 
category of enlistees they would accept that do not meet the previous 
standards that were being used or increase the lower category of 
enlistees.
  That is a reflection of the difficulty we have to man the force, at 
least at the recruitment level. Retention is good. But once again, if 
this pattern of

[[Page 22099]]

operations persists for several years, and we see soldiers who have 
served with magnificent valor and dedication to the country faced with 
a third or fourth deployment into Iraq or into Afghanistan, those 
pressures will build.
  I believe very strongly that not only should we follow the lead in 
the Appropriations Committee by formally increasing the end strength, 
but that we should begin to think seriously about and in fact begin to 
pay for these forces through the regular account.
  My amendment moves the appropriate amount of money from the Army and 
Marine Corps personnel and operations and maintenance accounts included 
in the bridge supplemental, and moves them to the Army and Marine Corps 
personnel and operations and maintenance accounts in the underlying 
bill. The funding move will, I hope, ensure several things. First, it 
will be much more honest about how we are paying for our operations 
overseas with respect to the Army and Marines Corps. Secondly, it will 
enable us to better ensure that these funds will be available if, in 
fact, it becomes more difficult in terms of both the fiscal climate and 
the overall opinion climate in the country to send up on a regular 
basis very substantial supplemental appropriations bills for our 
consideration.
  I think we should do it today. I urge my colleagues to support this 
measure. I thank my colleague, Senator Hagel, for joining me in this 
effort.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Thune). The Senator from Alaska.
  Mr. STEVENS. Mr. President, this is a difficult situation.
  I have great respect for the Senator from Rhode Island. We know his 
background as a graduate of West Point and his role on the Armed 
Services Committee.
  Our subcommittee doesn't disagree with the intent of the Senator's 
amendment. It is our feeling that right now it would cause much 
disruption because of the way we have handled these funds since the 
beginning of the Afghanistan and Iraq wars and the war on terror.
  Senator Reed's amendment would move funding for additional Army and 
Marine Corps end strength from the emergency portion of this bill to 
the regular portion of the bill, and it would not have a corresponding 
offset.
  Over the years we have been involved, we have, for both the Army and 
the Marine Corps, requested temporary increases in their end strength 
to fight the war on terrorism, which to me includes both Afghanistan 
and Iraq. But we have done so because of the argument from the 
Department that these increases should be provided from supplemental 
emergency funding rather than regular appropriations because regular 
appropriations tend to invade the money that is necessary to maintain 
the regular forces and the total confirmation of the Department. If we 
force the DOD to pay these war-related bills out of regular 
appropriations, the net result, unless there are some changes, would be 
to punish the Army and Marine Corps because it would have to be offset 
from other moneys. Only moneys in the bill of this large amount and of 
this magnitude would be from the acquisition programs, and that right 
now would be very disruptive.
  We can't take the money from O&M because that is where the regular 
end strength is. I am sure that we can't offset on the one hand and add 
on the other. It would just balance out. So we feel this money should 
come from the reserve fund.
  That was the recommendation to us from the Armed Services Committee 
in the bill last year. Again, this year, the bill contains emergency 
funding for the global war on terrorism.
  Our current bill is consistent with the budget resolution for 2006, 
which Congress approved, and provides $50 billion in emergency spending 
to cover these costs involved in the wars we are carrying out today.
  The additional soldiers and marines that are needed to fight in Iraq 
and Afghanistan should be in our bill and are paid from those 
supplemental emergency funds. We have a bill that is very tightly put 
together, very carefully done.
  We realigned $3.9 billion to pay for war-related military end 
strength and associated operations and maintenance, and if we have to 
take that out of the bill itself, as I said, it is the acquisition 
programs that would be affected immediately.
  That would be a major reduction.
  We would have to take it from Navy shipbuilding accounts or from the 
Army's future combat system or the Air Force fighter aircraft or the 
space satellite programs. Just a few of those major programs, and it 
would take almost $4 billion from those programs in the bill.
  As much as we agree with the Senator, and we have provided the funds, 
the Senator from Rhode Island and I aren't disagreeing over the funds 
or over the end strength. It is really how to pay for them at this 
time. This is something we have argued since the beginning of these 
engagements that we have been involved in.
  I remind the Senate that I made those arguments in connection with 
President Clinton's move in Bosnia and Kosovo.
  But that is the way Presidents have done it. They want us to pay for 
these funds out on an emergency basis. And, in some instances, past 
administrations have borrowed money from the current fiscal year and 
forced us to have a supplemental later in the fiscal year. Under this 
President, we have had supplementals at the beginning of the fiscal 
year, and that is where we are today.
  We have $50 billion in this bill to pay for these costs.
  I urge the Senator not to pursue this amendment. We are not in 
disagreement over principle. We both support the end strength. It is a 
question of how to pay for it, and the bill now before us pays for that 
additional end strength out of the supplemental reserve account.
  I urge him to continue to support that basis. As I said, the Armed 
Services Committee ended up supporting it once again this year. We hope 
we will find a way to come to an end of that process and not have to 
use emergency moneys to pay for end strength. It is a temporary 
increase in end strength; it is not a permanent increase. Therefore, it 
should be paid for out of the contingency funds that are set aside on 
this bill on an emergency basis.
  I again want to say how much we appreciate the Senator's interest in 
the manpower situation--manpower requirements of the services. We look 
forward to working with him on that.
  I hope he will not pursue this amendment.
  Mr. REED. Mr. President, I have immense respect for the chairman. I 
appreciate the difficulty of the job in trying to balance all these 
conflicting requests for funds. He has done a tremendous job with this 
appropriations bill. Certainly, I will consider his advice with respect 
to the position of the legislation. I would like to consider it a 
little further. But I appreciate the difficulty that the committee has 
in trying to meet all these amendments.
  I say, finally, that what I am trying to do now is avoid a situation 
next year or the following year, as the chairman very well pointed out, 
where supplementals are not sufficient and the Army and Marine Corps 
have to look to their acquisition programs, cut combat systems, they 
have to look to other issues, quality of life for families, since these 
do keep these forces in uniform.
  There is no disagreement, as the chairman pointed out, with respect 
to the need of these troops. There is no disagreement with respect to 
the fact that they will be on our books, if you will, for several years 
into the future.
  I am pleased that the chairman and Senator Inouye formally increased 
the end strength, as Senator Warner and Senator Levin have done in the 
Defense authorization bill.
  He is very right. The argument is how we pay for it. Do we pay for it 
through the emergency, or do we pay for them through the regular 
accounts?
  I argue that a day of reckoning is coming where, if we don't face up 
to this by including it in the regular accounts, we will be dipping 
into acquisition and into other necessary programs of both the Army and 
Marine Corps.

[[Page 22100]]

  But again, I will take the Senator's good advice very closely to 
mind, and I appreciate the fact that we agree on so much.
  We are trying to figure out what is most appropriate--not just for 
the near term but in the long term--way to pay for these forces.
  I yield the floor.
  Mr. STEVENS. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DeWINE. Mr. President, I ask unanimous consent to proceed in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. DeWine are printed in today's Record under 
``Morning Business.'')
  Mr. DeWINE. I suggest the absence of a quorum.
  The PRESIDING OFFICER (Mr. Martinez). The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. WARNER. Mr. President, I ask unanimous consent that the order for 
the quorum call be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. Mr. President, yesterday, in anticipation of the 
unanimous consent agreement, the Senator from Virginia, joined by the 
Senator from Michigan, Mr. Levin, the managers and chairman and ranking 
member of the Armed Services Committee, filed an amendment, which 
amendment is the entire authorization bill prepared by the Committee on 
Armed Services and reported out favorably earlier this year. It was the 
subject of floor debate for some time. Some 30 amendments were added.
  I also filed a second amendment, which represented 80 amendments 
which had been reconciled by the Senator from Michigan and myself and 
placed into the amendment to constitute a managers' amendment.
  In other words, we agree as managers that they should be accepted 
subject to a unanimous consent agreement, which is the conventional way 
of handling a managers' amendment.
  I now have with me today a third amendment, which represents another 
16 amendments that the Senator from Michigan and I have agreed upon 
should be eventually added to our bill.
  My first inquiry to the Chair is: Is it appropriate, at this time, 
given the unanimous consent that was agreed to this morning, to send to 
the desk and ask be filed a third amendment representing another 
managers' amendment for 16 reconciled amendments?
  The PRESIDING OFFICER. A third second-degree amendment may be filed.
  Mr. WARNER. Then I do so at this time, and I ask it be assigned a 
number.
  Mr. President, I have had the opportunity to consult with the 
distinguished manager and the ranking member. I have advised him of 
steps that I would like to take at this time.
  I now ask that amendment No. 1955, which is the authorization bill, 
be called up for the purpose of sending to the desk a modification to 
that amendment.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
laid aside.


                           Amendment No. 1955

  Mr. WARNER. Mr. President, I send an amendment to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Virginia [Mr. Warner] proposes an 
     amendment numbered 1955.

  Mr. WARNER. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in the Record of Monday, October 3, 2005, 
under ``Text of Amendments.'')
  Mr. WARNER. Mr. President, I now send to the desk a modification to 
that amendment and ask that it be so modified.
  The PRESIDING OFFICER. Is there objection to the modification?
  The amendment is so modified.
  The amendment (No. 1955), as modified, is as follows:

       At the end, add the following:

     SEC. 1. SHORT TITLE.

       This Act may be cited as the ``National Defense 
     Authorization Act for Fiscal Year 2006''.
       Table of Contents.--The table of contents for the Act is as 
     follows:
Sec. 1. Short title.
Sec. 2. Organization 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 AH-64D Apache attack 
              helicopter block II conversions.
Sec. 112. Multiyear procurement authority for modernized target 
              acquisition designation/pilot night vision sensors for 
              AH-64D Apache attack helicopters.
Sec. 113. Multiyear procurement authority for utility helicopters.

                       Subtitle C--Navy Programs

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

                     Subtitle D--Air Force Programs

Sec. 131. Multiyear procurement authority for C-17 aircraft.
Sec. 132. Prohibition on retirement of KC-135E aircraft.
Sec. 133. Use of Tanker Replacement Transfer Fund for modernization of 
              aerial refueling tankers.
Sec. 134. Prohibition on retirement of F-117 aircraft.
Sec. 135. Prohibition on retirement of C-130E/H tactical airlift 
              aircraft.
Sec. 136. Procurement of C-130J/KC-130J aircraft after fiscal year 
              2005.
Sec. 137. Aircraft for performance of aeromedical evacuations.

                   Subtitle E--Defense-Wide Programs

Sec. 151. Advanced SEAL Delivery System.

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

              Subtitle A--Authorization of Appropriations

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Contract for the procurement of the Future Combat System 
              (FCS).
Sec. 212. Joint field experiment on stability and support operations.
Sec. 213. Towed Array Handler.
Sec. 214. Telemedicine and Advanced Technology Research Center.
Sec. 215. Chemical demilitarization facilities.

                  Subtitle C--Missile Defense Programs

Sec. 221. One-year extension of Comptroller General assessments of 
              ballistic missile defense programs.
Sec. 222. Fielding of ballistic missile defense capabilities.
Sec. 223. Plans for test and evaluation of operational capability of 
              the Ballistic Missile Defense System.

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

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

                       Subtitle E--Other Matters

Sec. 241. Expansion of eligibility for leadership of Department of 
              Defense Test Resource Management Center.
Sec. 242. Technology transition.
Sec. 243. Prevention, mitigation, and treatment of blast injuries.
Sec. 244. Modification of requirements for reports on program to award 
              prizes for advanced technology achievements.

[[Page 22101]]

                  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 
              the Defense Environmental Restoration Program.

                       Subtitle C--Other Matters

Sec. 321. Aircraft carriers.
Sec. 322. Limitation on transition of funding for East Coast shipyards 
              from funding through Navy Working Capital Fund to direct 
              funding.
Sec. 323. Use of funds from National Defense Sealift Fund to exercise 
              purchase options on maritime prepositioning ship vessels.
Sec. 324. Purchase and destruction of weapons overseas.
Sec. 325. Increase in maximum contract amount for procurement of 
              supplies and services from exchange stores outside the 
              United States.
Sec. 326. Extension of authority to provide logistics support and 
              services for weapon systems contractors.
Sec. 327. Army training strategy.
Sec. 328. Limitation on financial management improvement and audit 
              initiatives within the Department of Defense.
Sec. 329. Study on use of ethanol fuel.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revision of permanent active duty end strength minimum 
              levels.

                       Subtitle B--Reserve Forces

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

              Subtitle C--Authorizations of Appropriations

Sec. 421. Authorization of appropriations for military personnel.
Sec. 422. Armed Forces Retirement Home.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

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

                 Subtitle B--Enlisted Personnel Policy

Sec. 521. Uniform citizenship or residency requirements for enlistment 
              in the Armed Forces.

            Subtitle C--Reserve Component Personnel Matters

Sec. 531. Requirements for physical examinations and medical and dental 
              readiness for members of the Selected Reserve not on 
              active duty.
Sec. 532. Repeal of limitation on amount of financial assistance under 
              Reserve Officers' Training Corps scholarship program.
Sec. 533. Procedures for suspending financial assistance and 
              subsistence allowance for senior ROTC cadets and 
              midshipmen on the basis of health-related conditions.
Sec. 534. Increase in maximum number of Army Reserve and Army National 
              Guard cadets under Reserve Officers' Training Corps.
Sec. 535. Modification of educational assistance for Reserves 
              supporting contingency and other operations.
Sec. 536. Repeal of limitation on authority to redesignate the Naval 
              Reserve as the Navy Reserve.
Sec. 537. Performance by reserve component personnel of operational 
              test and evaluation and training relating to new 
              equipment.

            Subtitle D--Military Justice and Related Matters

Sec. 551. Modification of periods of prosecution by courts-martial for 
              murder, rape, and child abuse.
Sec. 552. Establishment of offense of stalking.
Sec. 553. Clarification of authority of military legal assistance 
              counsel.
Sec. 554. Administrative censures of members of the Armed Forces.
Sec. 555. Reports by officers and senior enlisted personnel of matters 
              relating to violations or alleged violations of criminal 
              law.

                 Subtitle E--Military Service Academies

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

                   Subtitle F--Administrative Matters

Sec. 571. Clarification of leave accrual for members assigned to a 
              deployable ship or mobile unit or other duty.
Sec. 572. Limitation on conversion of military medical and dental 
              billets to civilian positions.

            Subtitle G--Defense Dependents Education Matters

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

                       Subtitle H--Other Matters

Sec. 591. Policy and procedures on casualty assistance to survivors of 
              military decedents.
Sec. 592. Modification and enhancement of mission and authorities of 
              the Naval Postgraduate School.
Sec. 593. Expansion and enhancement of authority to present recognition 
              items for recruitment and retention purposes.
Sec. 594. Requirement for regulations on policies and procedures on 
              personal commercial solicitations on Department of 
              Defense installations.
Sec. 595. Federal assistance for State programs under the National 
              Guard Youth Challenge Program.
Sec. 596. Authority for National Defense University award of degree of 
              master of science in joint campaign planning and 
              strategy.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Eligibility for additional pay of permanent military 
              professors at the United States Naval Academy with over 
              36 years of service.
Sec. 602. Enhanced authority for agency contributions for members of 
              the Armed Forces participating in the Thrift Savings 
              Plan.
Sec. 603. Permanent authority for supplemental subsistence allowance 
              for low-income members with dependents.
Sec. 604. Modification of pay considered as saved pay upon appointment 
              of an enlisted member as an officer.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay 
              authorities for Reserve forces.
Sec. 612. One-year extension of certain bonus and special pay 
              authorities for certain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for 
              nuclear officers.
Sec. 614. One-year extension of other bonus and special pay 
              authorities.
Sec. 615. Payment and repayment of assignment incentive pay.
Sec. 616. Increase in amount of selective reenlistment bonus for 
              certain senior supervisory nuclear qualified enlisted 
              personnel.

[[Page 22102]]

Sec. 617. Consolidation and modification of bonuses for affiliation or 
              enlistment in the Selected Reserve.
Sec. 618. Expansion and enhancement of special pay for enlisted members 
              of the Selected Reserve assigned to certain high priority 
              units.
Sec. 619. Retention incentive bonus for members of the Selected Reserve 
              qualified in a critical military skill or specialty.
Sec. 620. Termination of limitation on duration of payment of imminent 
              danger special pay during hospitalization.
Sec. 621. Authority for retroactive payment of imminent danger special 
              pay.
Sec. 622. Authority to pay foreign language proficiency pay to members 
              on active duty as a bonus.
Sec. 623. Incentive bonus for transfer between the Armed Forces.

            Subtitle C--Travel and Transportation Allowances

Sec. 631. Transportation of family members in connection with the 
              repatriation of servicemembers or civilian employees held 
              captive.

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Enhancement of death gratuity and life insurance benefits for 
              deaths from combat-related causes or causes incurred in 
              combat operations or areas.
Sec. 642. Improvement of management of Armed Forces Retirement Home.

                       Subtitle E--Other Matters

Sec. 651. Payment of expenses of members of the Armed Forces to obtain 
              professional credentials.
Sec. 652. Pilot program on contributions to Thrift Savings Plan for 
              initial enlistees in the Armed Forces.
Sec. 653. Modification of requirement for certain intermediaries under 
              certain authorities relating to adoptions.
Sec. 654. Extension of effective date.

                         TITLE VII--HEALTH CARE

                      Subtitle A--Benefits Matters

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

           Subtitle B--Planning, Programming, and Management

Sec. 711. TRICARE Standard coordinators in TRICARE regional offices.
Sec. 712. Report on delivery of health care benefits through military 
              health care system.
Sec. 713. Comptroller General report on differential payments to 
              children's hospitals for health care for children 
              dependents under TRICARE.
Sec. 714. Repeal of requirement for Comptroller General reviews of 
              certain Department of Defense-Department of Veterans 
              Affairs projects on sharing of health care resources.
Sec. 715. Surveys on TRICARE Standard.
Sec. 716. Modification of health care quality information and 
              technology enhancement report requirements.
Sec. 717. Modification of authorities relating to patient care 
              reporting and management system.
Sec. 718. Qualifications for individuals serving as TRICARE regional 
              directors.

                       Subtitle C--Other Matters

Sec. 731. Report on adverse health events associated with use of anti-
              malarial drugs.
Sec. 732. Pilot projects on early diagnosis and treatment of post 
              traumatic stress disorder and other mental health 
              conditions.

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

             Subtitle A--Acquisition Policy and Management

Sec. 801. Internal controls for procurements on behalf of the 
              Department of Defense.
Sec. 802. Contract Support Acquisition Centers.
Sec. 803. Authority to enter into acquisition and cross-servicing 
              agreements with regional organizations of which the 
              United States is not a member.
Sec. 804. Requirement for authorization for procurement of major weapon 
              systems as commercial items.
Sec. 805. Report on service surcharges for purchases made for military 
              departments through other Department of Defense agencies.
Sec. 806. Review of defense acquisition structures.

              Subtitle B--Defense Industrial Base Matters

Sec. 811. Clarification of exception from Buy American requirements for 
              procurement of perishable food for establishments outside 
              the United States.
Sec. 812. Conditional waiver of domestic source or content requirements 
              for certain countries with reciprocal defense procurement 
              agreements with the United States.
Sec. 813. Consistency with United States obligations under trade 
              agreements.
Sec. 814. Identification of areas of research and development effort 
              for purposes of Small Business Innovation Research 
              program.

                 Subtitle C--Defense Contractor Matters

Sec. 821. Requirements for defense contractors relating to certain 
              former Department of Defense officials.
Sec. 822. Review of certain contractor ethics matters.
Sec. 823. Contract fraud risk assessment.

           Subtitle D--Defense Acquisition Workforce Matters

Sec. 831. Availability of funds in Acquisition Workforce Training Fund 
              for defense acquisition workforce improvements.
Sec. 832. Limitation and reinvestment authority relating to reduction 
              of the defense acquisition and support workforce.
Sec. 833. Technical amendments relating to defense acquisition 
              workforce improvements.

                       Subtitle E--Other Matters

Sec. 841. Extension of contract goal for small disadvantaged business 
              and certain institutions of higher education.
Sec. 842. Codification and modification of limitation on modification 
              of military equipment within five years of retirement or 
              disposal.
Sec. 843. Clarification of rapid acquisition authority to respond to 
              combat emergencies.
Sec. 844. Modification of authority to carry out certain prototype 
              projects.
Sec. 845. Extension of certain authorities on contracting with 
              employers of persons with disabilities.
Sec. 846. Increased limit applicable to assistance provided under 
              certain procurement technical assistance programs.
Sec. 847. Pilot program on expanded public-private partnerships for 
              research and development.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

Sec. 901. Directors of Small Business Programs.
Sec. 902. Executive agent for acquisition of capabilities to defend the 
              homeland against cruise missiles and other low-altitude 
              aircraft.
Sec. 903. Provision of audiovisual support services by the White House 
              Communications Agency.

                      Subtitle B--Space Activities

Sec. 911. Advisory committee on Department of Defense requirements for 
              space control.

                       Subtitle C--Other Matters

Sec. 921. Acceptance of gifts and donations for Department of Defense 
              regional centers for security studies.
Sec. 922. Operational files of the Defense Intelligence Agency.
Sec. 923. Prohibition on implementation of certain orders and guidance 
              on functions and duties of the General Counsel and the 
              Judge Advocate General of the Air Force.
Sec. 924. United States Military Cancer Institute.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

Sec. 1001. Transfer authority.
Sec. 1002. Incorporation of Classified Annex.
Sec. 1003. United States contribution to NATO common-funded budgets in 
              fiscal year 2006.
Sec. 1004. Reduction in certain authorizations due to savings relating 
              to lower inflation.
Sec. 1005. Authorization of supplemental appropriations for fiscal year 
              2005.

[[Page 22103]]

Sec. 1006. Increase in fiscal year 2005 transfer authority.
Sec. 1007. Monthly disbursement to States of State income tax 
              voluntarily withheld from retired or retainer pay.
Sec. 1008. Reestablishment of limitation on payment of facilities 
              charges assessed by Department of State.

                Subtitle B--Naval Vessels and Shipyards

Sec. 1021. Transfer of battleships.
Sec. 1022. Conveyance of Navy drydock, Jacksonville, Florida.

                    Subtitle C--Counterdrug Matters

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

                    Subtitle D--Reports and Studies

Sec. 1041. Modification of frequency of submittal of Joint Warfighting 
              Science and Technology Plan.
Sec. 1042. Review and assessment of Defense Base Act insurance.
Sec. 1043. Comptroller General report on corrosion prevention and 
              mitigation programs of the Department of Defense.

                    Subtitle E--Technical Amendments

Sec. 1051. Technical amendments relating to certain provisions of 
              environmental defense laws.

                   Subtitle F--Military Mail Matters

Sec. 1061. Safe delivery of mail in the military mail system.
Sec. 1062. Delivery of mail addressed to any service member.

                       Subtitle G--Other Matters

Sec. 1071. Policy on role of military medical and behavioral science 
              personnel in interrogation of detainees.
Sec. 1072. Clarification of authority to issue security regulations and 
              orders under Internal Security Act of 1950.
Sec. 1073. Support for youth organizations.

       TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

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

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

Sec. 1201. Commanders' Emergency Response Program.
Sec. 1202. Enhancement and expansion of authority to provide 
              humanitarian and civic assistance.
Sec. 1203. Modification of geographic limitation on payment of 
              personnel expenses under bilateral or regional 
              cooperation programs.
Sec. 1204. Payment of travel expenses of coalition liaison officers.
Sec. 1205. Prohibition on engaging in certain transactions.

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

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
              funds.
Sec. 1302. Funding allocations.
Sec. 1303. Permanent waiver of restrictions on use of funds for threat 
              reduction in states of the former Soviet Union.
Sec. 1304. Modification of authority to use Cooperative Threat 
              Reduction funds outside the former Soviet Union.
Sec. 1305. Repeal of requirement for annual Comptroller General 
              assessment of annual Department of Defense report on 
              activities and assistance under Cooperative Threat 
              Reduction programs.
Sec. 1306. Removal of certain restrictions on provision of Cooperative 
              Threat Reduction assistance.

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

Sec. 1401. Purpose.
Sec. 1402. Designation as emergency amounts.
Sec. 1403. Army procurement.
Sec. 1404. Navy and Marine Corps procurement.
Sec. 1405. Air Force procurement.
Sec. 1406. Operation and maintenance.
Sec. 1407. Defense Health Program.
Sec. 1408. Military personnel.
Sec. 1409. Iraq Freedom Fund.
Sec. 1410. Transfer authority.

     SEC. __. CONGRESSIONAL DEFENSE COMMITTEES.

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

     SEC. 101. ARMY.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for procurement for the Army as follows:
       (1) For aircraft, $2,800,880,000.
       (2) For missiles, $1,265,850,000.
       (3) For weapons and tracked combat vehicles, 
     $1,692,549,000.
       (4) For ammunition, $1,830,672,000.
       (5) For other procurement, $4,339,434,000.

     SEC. 102. NAVY AND MARINE CORPS.

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

     SEC. 103. AIR FORCE.

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

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

                       Subtitle B--Army Programs

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

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

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

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

     SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR UTILITY 
                   HELICOPTERS.

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

                       Subtitle C--Navy Programs

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

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

[[Page 22104]]

     ``winner-take-all acquisition strategy'', with respect to the 
     acquisition of destroyers under the next generation destroyer 
     program, means the acquisition (including design and 
     construction) of such destroyers through a single shipyard.

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

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

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

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

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

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

                     Subtitle D--Air Force Programs

     SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR C-17 AIRCRAFT.

       (a) Multiyear Procurement Authorized.--Beginning with the 
     fiscal year 2006 program year, the Secretary of the Air Force 
     may exercise the option on the existing multiyear procurement 
     contract for C-17 aircraft in order to enter into a multiyear 
     contract for the procurement of up to 42 additional C-17 
     aircraft. A contract entered into under this subsection shall 
     be entered into in accordance with section 2306b of title 10, 
     United States Code.
       (b) Required Certification.--Prior to the exercise of the 
     authority in subsection (a), the Secretary of Defense shall 
     certify to the congressional defense committees that the 
     additional airlift capability to be provided by the C-17 
     aircraft to be procured under that authority is consistent 
     with the results of the Mobility Capabilities Study to be 
     completed in fiscal year 2005.

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

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

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

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

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

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

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

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

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

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

     SEC. 137. AIRCRAFT FOR PERFORMANCE OF AEROMEDICAL 
                   EVACUATIONS.

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

                   Subtitle E--Defense-Wide Programs

     SEC. 151. ADVANCED SEAL DELIVERY SYSTEM.

       (a) Limitation on Availability of Funds for Advance 
     Procurement.--No funds authorized to be appropriated by this 
     Act for fiscal year 2006 for advance procurement of 
     components for the Advanced SEAL Delivery System may be 
     obligated or expended for that purpose until 30 days after 
     the date on which the Secretary of Defense certifies to the 
     congressional defense committees that the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics has made a 
     favorable milestone C decision regarding the Advanced SEAL 
     Delivery System. The certification shall be submitted 
     together with the comprehensive report on the Advanced SEAL 
     Delivery System required by subsection (b).
       (b) Report.--As soon as possible after completion of the 
     review of the Advanced SEAL Delivery System by the Defense 
     Acquisition Board, the Secretary shall submit to the 
     congressional defense committees a report that includes the 
     following:
       (1) The result of the milestone C decision on the Advanced 
     SEAL Delivery System made by the Under Secretary of Defense 
     for Acquisition, Technology, and Logistics.
       (2) Such recommendations as the Secretary considers 
     appropriate regarding the continuation, restructuring, or 
     termination of the Advanced SEAL Delivery System program, 
     including recommendations on adjustments to contractual 
     arrangements in connection with the continuation, 
     restructuring, or termination of the program.
       (3) A detailed summary of the revised cost estimate and 
     future cost estimates for the Advanced SEAL Delivery System 
     program, which cost estimates shall be validated for purposes 
     of the report by the Cost Analysis and Improvement Group 
     within the Office of the Secretary of Defense.
       (4) A detailed acquisition strategy for the Advanced SEAL 
     Delivery System, if the Secretary recommends the continuation 
     or restructuring of the Advanced SEAL Delivery System program 
     under paragraph (2).
       (5) A plan to demonstrate realistic strategies for solving 
     any technical and performance problems identified during the 
     final operational test and evaluation of the Advanced SEAL 
     Delivery System proposed to be conducted during the summer of 
     2005.

[[Page 22105]]

       (c) Comptroller General Review.--
       (1) In general.--In order to achieve the purposes set forth 
     in paragraph (2), the Comptroller General of the United 
     States shall--
       (A) review the adequacy of the final operational test and 
     evaluation test plan for the Advanced SEAL Delivery System;
       (B) review the results of the operational test of the 
     Advanced SEAL Delivery System; and
       (C) update the March 2003 Comptroller General report 
     entitled Defense Acquisition, Advanced SEAL Delivery System 
     Program Needs Increased Oversight (GAO-03-442).
       (2) Purposes.--The purposes of the review and update under 
     paragraph (1) are as follows:
       (A) To examine the progress made toward meeting operational 
     requirements and technical challenges with respect to the 
     Advanced SEAL Delivery System.
       (B) To assess the capacity of the Advanced SEAL Delivery 
     System program to meet schedule and cost projections for that 
     program.
       (C) To identify and evaluation any remaining factors that 
     may contribute to potential future problems for the Advanced 
     SEAL Delivery System program.
       (3) Report.--The Comptroller General shall submit to the 
     congressional defense committees a report on the activities 
     of the Comptroller General under paragraph (1) not later than 
     February 1, 2006.

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

              Subtitle A--Authorization of Appropriations

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the use of the Department of Defense for 
     research, development, test, and evaluation as follows:
       (1) For the Army, $9,717,824,000.
       (2) For the Navy, $18,398,091,000.
       (3) For the Air Force, $22,636,568,000.
       (4) For Defense-wide activities, $19,011,754,000, of which 
     $168,458,000 is authorized for the Director of Operational 
     Test and Evaluation.

     SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

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

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

     SEC. 213. TOWED ARRAY HANDLER.

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

     SEC. 214. TELEMEDICINE AND ADVANCED TECHNOLOGY RESEARCH 
                   CENTER.

       Of the amount authorized to be appropriated by section 
     201(1) for research, development, test, and evaluation for 
     the Army, $1,000,000 may be available for Medical Advanced 
     Technology (PE #603002A) for the Telemedicine and Advanced 
     Technology Research Center.

     SEC. 215. CHEMICAL DEMILITARIZATION FACILITIES.

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

                  Subtitle C--Missile Defense Programs

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

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

     SEC. 222. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

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

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

       (a) Plans Required.--
       (1) In general.--With respect to block 06, and each 
     subsequent block, of the Ballistic Missile Defense System, 
     the appropriate joint and service operational test and 
     evaluation components of the Department of Defense concerned 
     with such block shall, in coordination with the Missile 
     Defense Agency and subject to the review and approval of the 
     Director of Operational Test and Evaluation, prepare a plan 
     to test, evaluate, and characterize the operational 
     capability of such block.
       (2) Nature of plans.--Each plan prepared under this 
     subsection shall be appropriate for the level of 
     technological maturity of the block to be tested.
       (b) Reports on Test and Evaluation of Blocks.--At the 
     conclusion of the test and evaluation of block 06, and of 
     each subsequent block, of the Ballistic Missile Defense

[[Page 22106]]

     System, the Director of Operational Test and Evaluation shall 
     submit to the Secretary of Defense, and to the congressional 
     defense committees, a report providing--
       (1) the assessment of the Director as to whether or not 
     such test and evaluation was adequate to evaluate the 
     operational capability of such block; and
       (2) the characterization of the Director as to the 
     operational effectiveness, suitability, and survivability of 
     such block, as appropriate for the level of technological 
     maturity of the block to be tested.

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

     SEC. 231. RESEARCH AND DEVELOPMENT.

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

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

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

     SEC. 233. MANUFACTURING TECHNOLOGY STRATEGIES.

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

     SEC. 234. REPORT.

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

     SEC. 235. DEFINITIONS.

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

                       Subtitle E--Other Matters

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

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

     SEC. 242. TECHNOLOGY TRANSITION.

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

[[Page 22107]]

     time the budget of the President is submitted to Congress 
     pursuant to section 1105(a) of title 31, United States Code, 
     for fiscal year 2007.

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

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

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

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

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

     SEC. 301. OPERATION AND MAINTENANCE FUNDING.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     expenses, not otherwise provided for, for operation and 
     maintenance, in amounts as follows:
       (1) For the Army, $24,951,460,000.
       (2) For the Navy, $30,547,489,000.
       (3) For the Marine Corps, $3,842,026,000.
       (4) For the Air Force, $31,425,919,000.
       (5) For Defense-wide activities, $18,584,469,000.
       (6) For the Army Reserve, $1,989,382,000.
       (7) For the Naval Reserve, $1,245,695,000.
       (8) For the Marine Corps Reserve, $199,934,000.

[[Page 22108]]

       (9) For the Air Force Reserve, $2,559,686,000.
       (10) For the Army National Guard, $4,528,019,000.
       (11) For the Air National Guard, $4,772,991,000.
       (12) For the United States Court of Appeals for the Armed 
     Forces, $11,236,000.
       (13) For Environmental Restoration, Army, $407,865,000.
       (14) For Environmental Restoration, Navy, $305,275,000.
       (15) For Environmental Restoration, Air Force, 
     $406,461,000.
       (16) For Environmental Restoration, Defense-wide, 
     $28,167,000.
       (17) For Environmental Restoration, Formerly Used Defense 
     Sites, $261,921,000.
       (18) For Overseas Humanitarian, Disaster, and Civic Aid 
     programs, $61,546,000.
       (19) For Cooperative Threat Reduction programs, 
     $415,549,000.
       (20) For the Overseas Contingency Operations Transfer Fund, 
     $20,000,000.

     SEC. 302. WORKING CAPITAL FUNDS.

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

     SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

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

                  Subtitle B--Environmental Provisions

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

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

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

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

                       Subtitle C--Other Matters

     SEC. 321. AIRCRAFT CARRIERS.

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

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

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

[[Page 22109]]



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

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

     SEC. 324. PURCHASE AND DESTRUCTION OF WEAPONS OVERSEAS.

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

     ``Sec. 2249d. Use of appropriated funds for purchase and 
       destruction of weapons overseas

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

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

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

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

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

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

     SEC. 327. ARMY TRAINING STRATEGY.

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

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

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

     SEC. 329. STUDY ON USE OF ETHANOL FUEL.

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

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

     SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

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

[[Page 22110]]



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

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

                       Subtitle B--Reserve Forces

     SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

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

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

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

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

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

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

              Subtitle C--Authorizations of Appropriations

     SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY 
                   PERSONNEL.

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

     SEC. 422. ARMED FORCES RETIREMENT HOME.

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

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

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

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

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

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

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

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

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

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

[[Page 22111]]

     adverse finding or conclusion from an officially documented 
     investigation or inquiry, shall be furnished to the selection 
     board in accordance with standards and procedures set out in 
     the regulations prescribed by the Secretary of Defense 
     pursuant to paragraph (1).''.
       (2) Conforming amendments.--Such section is further 
     amended--
       (A) in paragraph (4), as redesignated by paragraph (1)(A) 
     of this subsection, by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)'';
       (B) in paragraph (5), as so redesignated, by striking ``and 
     (3)'' and inserting ``, (3), and (4)'';
       (C) in paragraph (6), as so redesignated--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``, or in paragraph (3),'' after ``paragraph (2)''; and
       (ii) in subparagraph (B), by inserting ``or (3), as 
     applicable'' after ``paragraph (2)''; and
       (D) in subparagraph (A) of paragraph (7), as so 
     redesignated, by inserting ``or (3)'' after ``paragraph 
     (2)(B)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2006, and shall apply with 
     respect to promotion selection boards convened on or after 
     that date.

     SEC. 505. GRADES OF THE JUDGE ADVOCATES GENERAL.

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

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

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

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

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

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

       (a) In General.--Section 14512 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 14512. Separation at age 64

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

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

                 Subtitle B--Enlisted Personnel Policy

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

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

            Subtitle C--Reserve Component Personnel Matters

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

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

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

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

[[Page 22112]]

     follows through ``subsection (b)'' and inserting ``paragraph 
     (4) of section 2107(c) of title 10, United States Code (as 
     added by subsection (a) of this section and redesignated by 
     section 532(a)(2) of the National Defense Authorization Act 
     for Fiscal Year 2006), and under paragraph (3) of section 
     2107a(c) of title 10, United States Code (as added by 
     subsection (b) of this section and redesignated by section 
     532(b)(2) of such Act)''.

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

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

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

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

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

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

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

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

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

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

            Subtitle D--Military Justice and Related Matters

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

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

     SEC. 552. ESTABLISHMENT OF OFFENSE OF STALKING.

       (a) Establishment of Offense.--Subchapter X of chapter 47 
     of title 10, United States Code (the Uniform Code of Military 
     Justice), is amended by inserting after section 893 (article 
     93) the following new section (article):

     ``Sec. 893a. Art. 93a. Stalking

       ``(a) Any person subject to this chapter--

[[Page 22113]]

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

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

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

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

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

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

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

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

                 Subtitle E--Military Service Academies

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

       (a) Authority To Retain.--
       (1) In general.--Chapter 603 of title 10, United States 
     Code, is amended by inserting after section 6952 the 
     following new section:

     ``Sec. 6952a. Faculty: retention of permanent military 
       professors

       ``(a) Retirement for Years of Service.--(1) Except as 
     provided in subsection (b), an officer serving as a permanent 
     military professor at the Naval Academy in the grade of 
     commander who is not on a list of officers recommended for 
     promotion to the grade of captain shall, if not earlier 
     retired, be retired on the first day of the month after the 
     month in which the officer completes 28 years of active 
     commissioned service.
       ``(2) Except as provided in subsection (b), an officer 
     serving as a permanent military professor at the Naval 
     Academy in the grade of captain who is not on a list of 
     officers recommended for promotion to the grade of rear 
     admiral (lower half) shall, if not earlier retired, be 
     retired on the first day of the month after the month in 
     which the officer completes 30 years of active commissioned 
     service.
       ``(b) Continuation on Active Duty.--(1) An officer subject 
     to retirement under subsection (a) may be continued on active 
     duty by the Secretary of the Navy after the date otherwise 
     provided for retirement under such subsection--
       ``(A) upon the recommendation of the Superintendent of the 
     Naval Academy; and
       ``(B) with the concurrence of the Chief of Naval 
     Operations.
       ``(2) The Secretary of the Navy shall determine the period 
     of continuation on active duty of an officer under this 
     subsection.

[[Page 22114]]

       ``(c) Eligibility for Promotion.--A permanent military 
     professor at the Naval Academy who has been retained on 
     active duty as a permanent military professor after more than 
     28 years of active commissioned service in the grade of 
     commander under subsection (b) is eligible for consideration 
     for promotion to the grade of captain.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 6952 the following new item:

``6952a. Faculty: retention of permanent military professors.''.

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

                   Subtitle F--Administrative Matters

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

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

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

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

            Subtitle G--Defense Dependents Education Matters

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

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


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

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

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

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

[[Page 22115]]

       (A) elementary and secondary school students who are 
     dependents of members of the Armed Forces; and
       (B) elementary and secondary school students who are 
     dependents of civilian employees of the Department of 
     Defense.

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

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

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

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

                       Subtitle H--Other Matters

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

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

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

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

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

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

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

       ``(a) Expenditures for Recognition Items.--Under 
     regulations prescribed by the

[[Page 22116]]

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

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

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

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

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

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

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

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

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

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

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

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

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

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

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

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

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

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

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

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

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

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

[[Page 22117]]



           Subtitle B--Bonuses and Special and Incentive Pays

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

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

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

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

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

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

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

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

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

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

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

       (a) In General.--Section 308 of title 37, United States 
     Code, is amended--
       (1) by redesignating subsections (b) through (g) as 
     subsections (c) through (h), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b)(1) An enlisted member of the naval service who--
       ``(A) has completed at least ten, but not more than 
     fourteen, years of active duty;
       ``(B) is currently qualified for duty in connection with 
     the supervision, operation, and maintenance of naval nuclear 
     propulsion plants;
       ``(C) is qualified in a military skill designated as 
     critical by the Secretary of Defense; and
       ``(D) reenlists or voluntarily extends the member's 
     enlistment for a period of at least three years in the 
     regular component of the naval service,
     may be paid a bonus as provided in paragraph (2).
       ``(2) The bonus to be paid a member under paragraph (1) may 
     not exceed the lesser of the following amounts:
       ``(A) The amount determined with respect to the member in 
     accordance with subsection (a)(2)(A).
       ``(B) $75,000.

[[Page 22118]]

       ``(3) Subsection (a)(3) applies to the computation under 
     paragraph (2)(A) of any bonus payable under this subsection.
       ``(4) Subsection (a)(4) applies to the payment of any bonus 
     payable under this subsection.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2005, and shall apply with 
     respect to reenlistments or voluntary extensions of 
     enlistments that occur on or after that date.

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

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

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

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

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

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

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

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

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

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

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

       (d) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2005, and shall apply to 
     inactive-duty training performed on or after that date.

     SEC. 619. RETENTION INCENTIVE BONUS FOR MEMBERS OF THE 
                   SELECTED RESERVE QUALIFIED IN A CRITICAL 
                   MILITARY SKILL OR SPECIALTY.

       (a) Bonus Authorized.--
       (1) In general.--Chapter 5 of title 37, United States Code, 
     is amended by inserting after section 308j the following new 
     section:

     ``Sec. 308k. Special pay: retention incentive bonus for 
       members of the Selected Reserve qualified in a critical 
       military skill or specialty

       ``(a) Retention Bonus Authorized.--An eligible officer or 
     enlisted member of the armed forces may be paid a retention 
     bonus as provided in this section if--
       ``(1) in the case of an officer or warrant officer, the 
     member executes a written agreement to remain in the Selected 
     Reserve for at least 2 years;
       ``(2) in the case of an enlisted member, the member 
     reenlists or voluntarily extends the member's enlistment in 
     the Selected Reserve for a period of at least 2 years; or
       ``(3) in the case of an enlisted member serving on an 
     indefinite reenlistment, the member executes a written 
     agreement to remain in the Selected Reserve for at least 2 
     years.
       ``(b) Eligible Members.--Subject to subsection (d), an 
     officer or enlisted member is eligible for a bonus under this 
     section if the member--
       ``(1) is qualified in a military skill or specialty 
     designated as critical for purposes of this section under 
     subsection (c); or
       ``(2) agrees to train or retrain in a military skill or 
     specialty so designated as critical.
       ``(c) Designation of Critical Skills or Specialties.--The 
     Secretary of Defense shall designate the military skills and 
     specialties that shall be treated as critical military skills 
     and specialties for purposes of this section.
       ``(d) Certain Members Ineligible.--A bonus may not be paid 
     under subsection (a) to a member of the armed forces who--
       ``(1) has completed more than 25 years of qualifying 
     service under section 12732 of title 10; or
       ``(2) will complete the member's twenty-fifth year of 
     qualifying service under section 12732 of title 10 before the 
     end of the period of service for which the bonus is being 
     offered.
       ``(e) Maximum Bonus Amount.--A member may enter into an 
     agreement under this section, or reenlist or voluntarily 
     extend the member's enlistment, more than once to receive a 
     bonus under this section. However, a member may not receive a 
     total of more than $100,000 in payments under this section.
       ``(f) Payment Methods.--(1) A bonus under subsection (a) 
     may be paid in a single lump sum or in installments.
       ``(2) In the case of a member who agrees to train or 
     retrain in a military skill or specialty designated as 
     critical under subsection (b)(2), no payment may be made 
     until the member successfully completes the training or 
     retraining and is qualified in such skill or specialty.
       ``(g) Relationship To Other Incentives.--A bonus paid to a 
     member under subsection (a) is in addition to any other pay 
     and allowances to which the member is entitled under any 
     other provision of law.
       ``(h) Repayment for Failure to Commence or Complete 
     Obligated Service.--(1) An individual who, after receiving 
     all or part of the bonus under an agreement, or a 
     reenlistment or voluntary extension of enlistment, referred 
     to in subsection (a), does not commence to serve in the 
     Selected Reserve, or does not satisfactorily participate in 
     the Selected Reserve for the total period of service 
     specified in the agreement, or under such reenlistment or 
     voluntary extension of enlistment, as applicable, shall repay 
     to the United States such bonus, except under conditions 
     established by the Secretary concerned.
       ``(2) The Secretary concerned shall establish, in 
     accordance with the regulations prescribed under subsection 
     (i)--

[[Page 22119]]

       ``(A) whether repayment of a bonus under paragraph (1) is 
     required in whole or in part;
       ``(B) the method for computing the amount of such 
     repayment; and
       ``(C) the conditions under which an exception to repayment 
     otherwise required under that paragraph would apply.
       ``(3) An obligation to repay the United States imposed 
     under paragraph (1) is for all purposes a debt owed to the 
     United States. A discharge in bankruptcy under title 11 that 
     is entered less than 5 years after the termination of an 
     agreement under subsection (a), or a reenlistment or 
     voluntary extension of enlistment under subsection (a), does 
     not discharge the individual signing the agreement, 
     reenlisting, or voluntarily extending enlistment, as 
     applicable, from a debt arising under paragraph (1).
       ``(i) Regulations.--This section shall be administered 
     under regulations prescribed by the Secretary of Defense.
       ``(j) Termination of Authority.--No bonus may be paid under 
     this section with respect to any agreement, reenlistment, or 
     voluntary extension of enlistment in the armed forces entered 
     into after December 31, 2006.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by inserting 
     after the item relating to section 308j the following new 
     item:

``308k. Special pay: retention incentive bonus for members of the 
              Selected Reserve qualified in a critical military skill 
              or specialty.''.

       (b) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2005.

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

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

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

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

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

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

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

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

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

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

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

            Subtitle C--Travel and Transportation Allowances

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

       (a) Military Captives.--(1) Chapter 7 of title 37, United 
     States Code, is amended by inserting after section 411i the 
     following new section:

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

       ``(a) Allowance for Family Members and Certain Others.--(1) 
     Under uniform regulations prescribed by the Secretaries 
     concerned, travel and transportation described in subsection 
     (d) may be provided for not more than 3 family members of a 
     member described in subsection (b).
       ``(2) In addition to the family members authorized to be 
     provided travel and transportation under paragraph (1), the 
     Secretary concerned may provide travel and transportation 
     described in subsection (d) to an attendant to accompany a 
     family member described in that paragraph if the Secretary 
     determines that--
       ``(A) the family member to be accompanied is unable to 
     travel unattended because of age, physical condition, or 
     other reason determined by the Secretary; and
       ``(B) no other family member who is eligible for travel and 
     transportation under paragraph (1) is able to serve as an 
     attendant for the family member.
       ``(3) If no family member of a member described in 
     subsection (b) is able to travel to the repatriation site of 
     the member, travel and transportation described in subsection 
     (d) may be provided to not more than 2 persons related to and 
     selected by the member.
       ``(b) Covered Members.--A member described in this 
     subsection is a member of the uniformed services who--
       ``(1) is serving on active duty;
       ``(2) was held captive, as determined by the Secretary 
     concerned; and
       ``(3) is repatriated to a site inside or outside the United 
     States.
       ``(c) Eligible Family Members.--In this section, the term 
     `family member' has the

[[Page 22120]]

      meaning given the term in section 411h(b) of this title.
       ``(d) Travel and Transportation Authorized.--(1) The 
     transportation authorized by subsection (a) is round-trip 
     transportation between the home of the family member (or home 
     of the attendant or person provided transportation under 
     paragraph (2) or (3) of subsection (a), as the case may be) 
     and the location of the repatriation site at which the member 
     is located.
       ``(2) In addition to the transportation authorized by 
     subsection (a), the Secretary concerned may provide a per 
     diem allowance or reimbursement for the actual and necessary 
     expenses of the travel, or a combination thereof, but not to 
     exceed the rates established for such allowances and expenses 
     under section 404(d) of this title.
       ``(3) The transportation authorized by subsection (a) may 
     be provided by any of the means described in section 
     411h(d)(1) of this title.
       ``(4) An allowance under this subsection may be paid in 
     advance.
       ``(5) Reimbursement payable under this subsection may not 
     exceed the cost of government-procured round-trip air 
     travel.''.
       (2) The table of sections at the beginning of chapter 7 of 
     such title is amended by inserting after the item relating to 
     section 411i the following new item:

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

       (b) Civilian Captives.--(1) Chapter 57 of title 5, United 
     States Code, is amended by adding at the end the following 
     new section:

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

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

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

             Subtitle D--Retired Pay and Survivor Benefits

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

       (a) Increased Amount of Death Gratuity.--
       (1) Increased amount.--Section 1478(a) of title 10, United 
     States Code, is amended by striking ``$12,000'' and inserting 
     ``$100,000''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect on October 7, 2001, and shall apply with 
     respect to deaths occurring on or after that date.
       (3) Coordination with other enhancements.--If the date of 
     the enactment of this Act occurs before October 1, 2005--
       (A) effective as of such date of enactment, the amendments 
     made to section 1478 of title 10, United States Code, by the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Tsunami Relief, 2005 (Public Law 
     109-13) are repealed; and
       (B) effective immediately before the execution of the 
     amendment made by paragraph (1), the provisions of section 
     1478 of title 10, United States Code, as in effect on the 
     date before the date of the enactment of the Act referred to 
     in subparagraph (A), shall be revived.
       (b) Servicemembers' Group Life Insurance Enhancements.--
       (1) Increased maximum amount of sgli.--Section 1967 of 
     title 38, United States Code, is amended--
       (A) in subsection (a)(3)(A), by striking clause (i) and 
     inserting the following new clause:
       ``(i) In the case of a member--
       ``(I) $400,000 or such lesser amount as the member may 
     elect as provided in subparagraph (B);
       ``(II) in the case of a member covered by subsection (e), 
     the amount provided for or elected by the member under 
     subclause (I) plus the additional amount of insurance 
     provided for the member by subsection (e); or
       ``(III) in the case of a member covered by subsection (e) 
     who has made an election under paragraph (2)(A) not to be 
     insured under this subchapter, the amount of insurance 
     provided for the member by subsection (e).''; and
       (B) in subsection (d), by striking ``$250,000'' and 
     inserting ``$400,000''.
       (2) Increments of decreased amounts electable by members.--
     Subsection (a)(3)(B) of such section is amended by striking 
     ``member or spouse'' in the last sentence and inserting 
     ``member, be evenly divisible by $50,000 and, in the case of 
     a member's spouse''.
       (3) Additional amount for members serving in certain areas 
     or operations.--
       (A) Increased amount.--Section 1967 of such title is 
     further amended--
       (i) by redesignating subsection (e) as subsection (f); and
       (ii) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e)(1) A member covered by this subsection is any member 
     as follows:
       ``(A) Any member who dies as a result of one or more 
     wounds, injuries, or illnesses incurred while serving in an 
     operation or area that the Secretary of Defense designates, 
     in writing, as a combat operation or a zone of combat, 
     respectively, for purposes of this subsection.
       ``(B) Any member who formerly served in an operation or 
     area so designated and whose death is determined (under 
     regulations prescribed by the Secretary of Defense) to be the 
     direct result of injury or illness incurred or aggravated 
     while so serving.
       ``(2) The additional amount of insurance under this 
     subchapter that is provided for a member by this subsection 
     is $150,000, except that in a case in which the amount 
     provided for or elected by the member under subsection 
     (a)(3)(A)(i)(I) exceeds $250,000, the additional amount of 
     insurance under this subchapter that is provided for the 
     member by this subsection shall be reduced to such amount as 
     is necessary to comply with the limitation in paragraph (3).
       ``(3) The total amount of insurance payable for a member 
     under this subchapter may not exceed $400,000.
       ``(4) While a member is serving in an operation or area 
     designated as described in paragraph (1), the cost of 
     insurance of the member under this subchapter that is 
     attributable to $150,000 of insurance coverage shall, at the 
     election of the Secretary concerned--
       ``(A) be contributed as provided in section 1969(b)(2) of 
     this title, rather through deduction or withholding from the 
     member's pay; or
       ``(B) if deducted or withheld from the member's pay, be 
     reimbursed to the member through such mechanism as the 
     Secretary concerned determines appropriate.''.
       (B) Funding.--Section 1969(b) of such title is amended--
       (i) by inserting ``(1)'' after ``(b)''; and
       (ii) by adding at the end the following new paragraph:
       ``(2) For each month for which a member insured under this 
     subchapter is serving in an operation or area designated as 
     described by paragraph (1)(A) of section 1967(e) of this 
     title, there may, at the election of the Secretary concerned 
     under paragraph (4)(A) of such section, be contributed from 
     the appropriation made for active duty pay of the uniformed 
     service concerned an amount determined by the Secretary and 
     certified to the Secretary concerned to be the cost of 
     Servicemembers' Group Life Insurance which is traceable to 
     the cost of providing

[[Page 22121]]

     insurance for the member under section 1967 of this title in 
     the amount of $150,000.''.
       (4) Conforming amendment.--Section 1967(a)(2)(A) of such 
     title is amended by inserting before the period at the end 
     the following: ``, except with respect to insurance provided 
     under paragraph (3)(A)(i)(III)''.
       (5) Coordination with vgli.--Section 1977(a) of such title 
     is amended--
       (A) by striking ``$250,000'' each place it appears and 
     inserting ``$400,000''; and
       (B) by adding at the end of paragraph (1) the following new 
     sentence: ``Any additional amount of insurance provided a 
     member under section 1967(e) of this title may not be treated 
     as an amount for which Veterans' Group Life Insurance shall 
     be issued under this section.''.
       (6) Requirements regarding elections of members to reduce 
     or decline insurance.--Section 1967(a) of such title is 
     further amended--
       (A) in paragraph (2), by adding at the end the following 
     new subparagraph:
       ``(C) Pursuant to regulations prescribed by the Secretary 
     of Defense, notice of an election of a member with a spouse 
     not to be insured under this subchapter, or to be insured 
     under this subchapter in an amount less than the maximum 
     amount provided under paragraph (3)(A)(i)(I), shall be 
     provided to the spouse of the member.''; and
       (B) in paragraph (3), by adding at the end the following 
     new subparagraph:
       ``(D) Whenever a member who is not married elects not to be 
     insured under this subchapter, or to be insured under this 
     subchapter in an amount less than the maximum amount provided 
     for under subparagraph (A)(i)(I), the Secretary concerned 
     shall provide a notice of such election to any person 
     designated by the member as a beneficiary or designated as 
     the member's next-of-kin for the purpose of emergency 
     notification, as determined under regulations prescribed by 
     the Secretary of Defense.''.
       (7) Requirement regarding redesignation of beneficiaries.--
     Section 1970 of such title is amended by adding at the end 
     the following new subsection:
       ``(j) A member with a spouse may not modify the beneficiary 
     or beneficiaries designated by the member under subsection 
     (a) without providing written notice of such modification to 
     the spouse.''.
       (8) Effective date.--This subsection and the amendments 
     made by this subsection shall take effect on October 1, 2005, 
     immediately after the termination of the amendments made to 
     sections 1967, 1969, 1970, and 1977 of title 38, United 
     States Code, by the Emergency Supplemental Appropriations Act 
     for Defense, the Global War on Terror, and Tsunami Relief, 
     2005 (Public Law 109-13).

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

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

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

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

``Sec. 1515. Chief Executive Officer.''.

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

                       Subtitle E--Other Matters

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

       (a) Payment Authorized.--Chapter 101 of title 10, United 
     States Code, is amended by inserting after section 2007 the 
     following new section:

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

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

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

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

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

[[Page 22122]]

     who participated in the pilot program and the contributions 
     made by the Army to the Thrift Savings Fund on behalf of such 
     members during the period of the pilot program.
       (B) An assessment, based on the pilot program and taking 
     into account the views of officers and senior enlisted 
     personnel of the Army, and of field recruiters, of the extent 
     to which contributions by the military departments to the 
     Thrift Savings Fund on behalf of members of the Armed Forces 
     similar to the participants in the pilot program--
       (i) would enhance the recruiting efforts of the Armed 
     Forces; and
       (ii) would assist such members in establishing habits of 
     financial responsibility during their initial enlistments in 
     the Armed Forces.

     SEC. 653. 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. 654. EXTENSION OF EFFECTIVE DATE.

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

                         TITLE VII--HEALTH CARE

                      Subtitle A--Benefits Matters

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

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

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

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

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

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

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

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

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

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

     ``Sec. 1076d. TRICARE program: TRICARE Standard coverage for 
       members of the Selected Reserve''.

       (d) Repeal of Obsolete Provision.--Section 1076b of title 
     10, United States Code, is repealed.
       (e) Clerical Amendments.--The table of sections at the 
     beginning of chapter 55 of title 10, United States Code, is 
     amended--
       (1) by striking the item relating to section 1076b; and
       (2) by striking the item relating to section 1076d and 
     inserting the following:

``1076d. TRICARE program: TRICARE Standard coverage for members of the 
              Selected Reserve.''.

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

           Subtitle B--Planning, Programming, and Management

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

       (a) Coordinator in Each Regional Office.--
       (1) In general.--In each TRICARE Regional Office there 
     shall be a position the responsibilities of which shall be 
     the monitoring, oversight, and improvement of the TRICARE 
     Standard option in the TRICARE region concerned.
       (2) Designation.--The position under paragraph (1) in a 
     TRICARE Regional Office shall be filled by an individual in 
     such Regional Office designated for that purpose.
       (b) Duties of Position.--
       (1) In general.--The specific duties of the positions 
     required under subsection (a) shall be as set forth in 
     regulations prescribed by the Secretary of Defense, in 
     consultation with the other administering Secretaries.
       (2) Elements.--The duties shall include--
       (A) identifying health care providers who will participate 
     in the TRICARE program and provide the TRICARE Standard 
     option under that program;
       (B) communicating with beneficiaries who receive the 
     TRICARE Standard option;

[[Page 22123]]

       (C) outreach to community health care providers to 
     encourage their participation in the TRICARE program; and
       (D) publication of information that identifies health care 
     providers in the TRICARE region concerned who provide the 
     TRICARE Standard option.
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report setting forth the 
     plans to implement the requirements of the section.
       (d) Definitions.--In this section:
       (1) The terms ``administering Secretaries'' and ``TRICARE 
     program'' have the meaning given such terms in section 1072 
     of title 10, United States Code.
       (2) The term ``TRICARE Standard'' means the Civilian Health 
     and Medical Program of the Uniformed Services option under 
     the TRICARE program.

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

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

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

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

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

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

     SEC. 715. SURVEYS ON TRICARE STANDARD.

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

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

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

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

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

[[Page 22124]]



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

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

                       Subtitle C--Other Matters

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

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

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

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

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

             Subtitle A--Acquisition Policy and Management

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

       (a) Inspector General Reviews and Determinations.--
       (1) In general.--For each non-defense agency of the Federal 
     Government that procured property or services in excess of 
     $100,000,000 on behalf of the Department of Defense during 
     fiscal year 2005, the Inspector General of the Department of 
     Defense and the Inspector General of such non-defense agency 
     shall, not later than March 15, 2006, jointly--
       (A) review--
       (i) the procurement policies, procedures, and internal 
     controls of such non-defense agency that are applicable to 
     the procurement of property and services on behalf of the 
     Department by such non-defense agency; and
       (ii) the administration of those policies, procedures, and 
     internal controls; and
       (B) determine in writing whether--
       (i) such non-defense agency is compliant with defense 
     procurement requirements;
       (ii) such non-defense agency is not compliant with defense 
     procurement requirements, but made significant progress 
     during 2005 toward ensuring compliance with defense 
     procurement requirements; or
       (iii) neither of the conclusions stated in clauses (i) and 
     (ii) is correct in the case of such non-defense agency.
       (2) Actions following certain determinations.--If the 
     Inspectors General determine under paragraph (1) that the 
     conclusion stated in clause (ii) or (iii) of subparagraph (B) 
     of such paragraph is correct in the case of a non-defense 
     agency, those Inspectors General shall, not later than March 
     15, 2007, jointly--
       (A) conduct a second review, as described in paragraph 
     (1)(A), regarding such non-defense agency's procurement of 
     property or services on behalf of the Department of Defense 
     in fiscal year 2006; and
       (B) determine in writing whether such non-defense agency is 
     or is not compliant with defense procurement requirements.
       (b) Compliance With Defense Procurement Requirements.--For 
     the purposes of this section, a non-defense agency is 
     compliant with defense procurement requirements if such non-
     defense agency's procurement policies, procedures, and 
     internal controls applicable to the procurement of products 
     and services on behalf of the Department of Defense, and the 
     manner in which they are administered, are adequate to ensure 
     such non-defense agency's compliance with the requirements of 
     laws and regulations that apply to procurements of property 
     and services made directly by the Department of Defense.
       (c) Memoranda of Understanding Between Inspectors 
     General.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Inspector General of the 
     Department of Defense and the Inspector General of each non-
     defense agency referred to in subsection (a) shall enter into 
     a memorandum of understanding with each other to carry out 
     the reviews and make the determinations required by this 
     section.
       (2) Scope of memoranda.--The Inspector General of the 
     Department of Defense and the Inspector General of a non-
     defense agency may by mutual agreement conduct separate 
     reviews of the procurement of property and services on behalf 
     of the Department of Defense that are conducted by separate 
     business units, or under separate governmentwide acquisition 
     contracts, of such non-defense agency. In any case where such 
     separate reviews are conducted, the Inspectors General shall 
     make separate determinations under paragraphs (1) and (2) of 
     subsection (a), as applicable, with respect to each such 
     separate review.
       (d) Limitations on Procurements on Behalf of Department of 
     Defense.--
       (1) Limitation during review period.--After March 15, 2006, 
     and before March 16, 2007, no official of the Department of 
     Defense may, except as provided in subsection (e) or (f), 
     order, purchase, or otherwise procure property or services in 
     an amount in excess of $100,000 through a non-defense agency 
     for which a determination described in paragraph (1)(B)(iii) 
     of subsection (a) has been made under that subsection.
       (2) Limitation after review period.--After March 15, 2007, 
     no official of the Department of Defense may, except as 
     provided in subsection (e) or (f), order, purchase, or 
     otherwise procure property or services in an amount in excess 
     of $100,000 through a non-defense agency that, having been 
     subject to review under this section, has not been determined 
     under this section as being compliant with defense 
     procurement requirements.
       (e) Exception From Applicability of Limitations.--

[[Page 22125]]

       (1) Exception.--No limitation applies under subsection (d) 
     with respect to the procurement of property and services on 
     behalf of the Department of Defense by a particular non-
     defense agency during any period that there is in effect a 
     determination of the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics, made in writing, that 
     it is necessary in the interest of the Department of Defense 
     to continue to procure property and services through such 
     non-defense agency.
       (2) Applicability of determination.--A written 
     determination with respect to a non-defense agency under 
     paragraph (1) is in effect for the period, not in excess of 
     one year, that the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics shall specify in the 
     written determination. The Under Secretary may extend from 
     time to time, for up to one year at a time, the period for 
     which the written determination remains in effect.
       (f) Termination of Applicability of Limitations.--
     Subsection (d) shall cease to apply to a non-defense agency 
     on the date on which the Inspector General of the Department 
     of Defense and the Inspector General of that agency jointly--
       (1) determine that such non-defense agency is compliant 
     with defense procurement requirements; and
       (2) notify the Secretary of Defense of that determination.
       (g) Identification of Procurements Made During a Particular 
     Fiscal Year.--For the purposes of subsection (a), a 
     procurement shall be treated as being made during a 
     particular fiscal year to the extent that funds are obligated 
     by the Department of Defense for that procurement in that 
     fiscal year.
       (h) Inapplicability to Certain GSA Contracts.--This section 
     does not apply as follows:
       (1) To Client Support Centers of the Federal Technology 
     Service of the General Services Administration, which are 
     subject to review under section 802 of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108-375; 118 Stat. 2004; 10 U.S.C. 2302).
       (2) To any purchase through the multiple award schedules 
     established by the Administrator of General Services, as 
     described in section 2302(2)(C) of title 10, United States 
     Code, unless such purchase is made through--
       (A) a non-defense agency other than the General Services 
     Administration; or
       (B) a business unit of the General Services Administration 
     that is not responsible for administering the multiple award 
     schedules program.
       (i) Definitions.--In this section:
       (1) The term ``non-defense agency'' means a department or 
     agency of the Federal Government outside the Department of 
     Defense, except as excluded under subsection (h).
       (2) The term ``governmentwide acquisition contract'', with 
     respect to a non-defense agency, means a task or delivery 
     order contract that--
       (A) is entered into by the non-defense agency; and
       (B) may be used as the contract under which property or 
     services are procured for one or more other departments or 
     agencies of the Federal Government.

     SEC. 802. CONTRACT SUPPORT ACQUISITION CENTERS.

       (a) Establishment.--
       (1) Organization; duties.--Subchapter I of chapter 8 of 
     title 10, United States Code, is amended by adding at the end 
     the following new section:

     ``Sec. 197. Contract Support Acquisition Centers

       ``(a) Establishment.--(1) The Secretary of Defense shall 
     establish within the Defense Logistics Agency a Defense 
     Contract Support Acquisition Center.
       ``(2) The Secretary of each military department shall 
     establish a Contract Support Acquisition Center for that 
     military department.
       ``(b) Director.--(1) The Director of a Contract Support 
     Acquisition Center is the head of the Center.
       ``(2)(A) The Secretary of Defense shall appoint the 
     Director of the Defense Contract Support Acquisition Center.
       ``(B) The Secretary of a military department shall appoint 
     the Director of the Contract Support Acquisition Center of 
     that department.
       ``(3) The Director of a Contract Support Acquisition Center 
     shall be selected from among commissioned officers of the 
     armed forces on active duty and senior civilian officers and 
     employees of the Department of Defense who have substantial 
     experience in the acquisition of contract services.
       ``(c) Duties Regarding Acquisitions.--(1)(A) The Director 
     of the Defense Contract Support Acquisition Center shall act 
     as the executive agent within the Department of Defense for 
     each acquisition of contract services in excess of the 
     simplified acquisition threshold for the Department of 
     Defense, other than an acquisition referred to in 
     subparagraph (B).
       ``(B) The Director of the Contract Support Acquisition 
     Center of a military department shall act as the executive 
     agent within that military department for each acquisition of 
     contract services in excess of the simplified acquisition 
     threshold for such military department.
       ``(2) In carrying out paragraph (1), the Director of a 
     Center shall--
       ``(A) develop and maintain policies, procedures, and best 
     practices guidelines addressing the acquisition of contract 
     services for the Secretary appointing the Director, including 
     policies, procedures, and best practices guidelines for--
       ``(i) acquisition planning;
       ``(ii) solicitation and contract award;
       ``(iii) requirements development and management;
       ``(iv) contract tracking and oversight;
       ``(v) performance evaluation; and
       ``(vi) risk management;
       ``(B) assign responsibility for carrying out the 
     acquisition of contract services to employees of the Center 
     and other appropriate organizational elements under the 
     jurisdiction of that Secretary;
       ``(C) dedicate fulltime commodity managers to coordinate 
     the acquisition of key categories of services;
       ``(D) ensure that contract services being acquired to meet 
     the Secretary's requirements for those services are acquired 
     by means of a contract, or a task or delivery order, that--
       ``(i) is in the best interests of the Department of Defense 
     or, in the case of the Director of the Center for a military 
     department, the best interests of that military department; 
     and
       ``(ii) is entered into or issued, and is managed, in 
     compliance with applicable laws, regulations, and directives, 
     and other applicable requirements;
       ``(E) ensure that competitive procedures and performance-
     based contracting are used to the maximum extent practicable 
     for the acquisition of contract services for that Secretary; 
     and
       ``(F) monitor data collection under section 2330a of this 
     title and periodically conduct a spending analysis to ensure 
     that funds expended for the acquisition of contract services 
     for the Secretary are being expended in the most rational and 
     economical manner practicable.
       ``(d) Duties Regarding Acquisition Personnel.--The 
     Directors of the Contract Support Acquisition Centers shall 
     work with appropriate officials of the Department of 
     Defense--
       ``(1) to identify the critical skills and competencies 
     needed to carry out the acquisition of contract services on 
     behalf of the Department of Defense; and
       ``(2) to develop a comprehensive strategy for recruiting, 
     training, and deploying employees to meet the requirements 
     for those skills and competencies.
       ``(e) Scope of Authority.--The authority of the Director of 
     a Contract Support Acquisition Center under this section 
     applies to acquisitions in excess of the simplified 
     acquisition threshold.
       ``(f) Exclusivity of Authority.--(1) After September 30, 
     2009, no officer or employee of the Federal Government 
     outside the Defense Contract Support Acquisition Center may, 
     without the prior written approval of the Director of the 
     Center or the Secretary of Defense, engage in a procurement 
     action for the acquisition of contract services for the 
     Department of Defense that is valued in excess of the 
     simplified acquisition threshold, other than a procurement 
     action covered by paragraph (2).
       ``(2) After September 30, 2009, no officer or employee of 
     the Federal Government outside the Contract Support 
     Acquisition Center of a military department may, without the 
     prior written approval of the Director of the Center, the 
     Secretary of Defense, or the Secretary of that military 
     department, engage in a procurement action for the 
     acquisition of contract services for that military department 
     that is valued in excess of the simplified acquisition 
     threshold.
       ``(3) In this subsection, the term `procurement action' 
     includes the following actions:
       ``(A) Entry into a contract or any other form of agreement.
       ``(B) Issuance of a task order, delivery order, or military 
     interdepartmental purchase request.
       ``(g) Staff and Support.--(1) The Secretary appointing the 
     Director of a Contract Support Acquisition Center shall 
     ensure that the Director of the Center is provided a staff 
     and administrative support that are adequate for the Director 
     to perform the duties of the position under this section 
     effectively.
       ``(2) The Secretary of Defense may transfer to the Defense 
     Contract Support Acquisition Center any personnel within the 
     Department of Defense whose principal duty is the acquisition 
     of contract services for the Department of Defense.
       ``(3) The Secretary of a military department may transfer 
     to the Contract Support Acquisition Center of that military 
     department any personnel within such military department 
     whose principal duty is the acquisition of contract services 
     for that military department.
       ``(h) Transfers of Nondefense Organizations.--(1) Except as 
     provided in paragraph (5), the Secretary of Defense may 
     accept from the head of a department or agency outside the 
     Department of Defense a transfer to any of the Contract 
     Support Acquisition Centers of all or part of any 
     organizational unit of such other department or agency that 
     is primarily engaged in the acquisition

[[Page 22126]]

     of contract services if, during the most recent year for 
     which data are available before such transfer, more than 50 
     percent of the contract services acquired by such 
     organizational unit (determined on the basis of cost) were 
     acquired on behalf of the Department of Defense.
       ``(2) The head of a department or agency outside the 
     Department of Defense may transfer in accordance with this 
     section an organizational unit that is authorized to be 
     accepted under paragraph (1).
       ``(3) A transfer under this subsection may be made and 
     accepted only pursuant to a memorandum of understanding that 
     is entered into by the head of the department or agency 
     making the transfer and the Secretary of Defense.
       ``(4) A transfer of an organizational unit under this 
     section shall include the transfer of the personnel of such 
     organizational unit, the assets of such organizational unit, 
     and the contracts of such organizational unit, to the extent 
     provided in the memorandum of understanding governing the 
     transfer of the unit.
       ``(5) This section does not authorize a transfer of the 
     multiple award schedule program of the General Services 
     Administration described in section 2302(2)(C) of this title.
       ``(i) Simplified Acquisition Threshold.--In this section, 
     the term `simplified acquisition threshold' has the meaning 
     given that term in section 2302(7) of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

``197. Contract Support Acquisition Centers.''.

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

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

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

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

       (a) Requirement for Authorization.--
       (1) In general.--Chapter 140 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2379. Requirement for authorization for procurement of 
       major weapon systems as commercial items

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

``2379. Requirement for authorization for procurement of major weapon 
              systems as commercial items.''.

       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply to contracts entered on or after such date.

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

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

     SEC. 806. REVIEW OF DEFENSE ACQUISITION STRUCTURES.

       (a) Review by Defense Acquisition University.--The Defense 
     Acquisition University, acting under the direction and 
     authority of the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics, shall conduct a review of the 
     acquisition structure of the Department of Defense, including 
     the acquisition structure of the following:
       (1) Each military department.
       (2) Each defense agency.
       (3) Any other element of the Department of Defense that has 
     an acquisition function.
       (b) Elements.--
       (1) In general.--In reviewing the acquisition structure of 
     an organization under subsection (a), the Defense Acquisition 
     University shall--
       (A) determine the current structure of the organization;
       (B) review the evolution of the current structure of the 
     organization, including the reasons for each reorganization 
     of the structure, and identify any acquisition structures or 
     capabilities that have been divested from the organization 
     during the last 15 years;
       (C) identify the capabilities needed by the organization to 
     fulfill its function and assess

[[Page 22127]]

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

              Subtitle B--Defense Industrial Base Matters

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

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

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

       (a) Authority for Annual Waiver.--Subchapter V of chapter 
     148 of title 10, United States Code, is amended by adding at 
     the end the following new section:

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

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

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

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

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

     SEC. 814. IDENTIFICATION OF AREAS OF RESEARCH AND DEVELOPMENT 
                   EFFORT FOR PURPOSES OF SMALL BUSINESS 
                   INNOVATION RESEARCH PROGRAM.

       (a) Revision and Update of Criteria and Procedures of 
     Identification.--The Secretary of Defense shall, not less 
     often than once every four years, revise and update the 
     criteria and procedures utilized to identify areas of the 
     research and development effort of the Department of Defense 
     which are suitable for the provision of funds under the Small 
     Business Innovation Research Program.
       (b) Utilization of Plans.--The criteria and procedures 
     described in subsection (a) shall be developed through the 
     use of the most current versions of the following plans:
       (1) The joint warfighting science and technology plan 
     required under section 270 of the National Defense 
     Authorization Act for Fiscal Year 1997 (10 U.S.C. 2501 note).
       (2) The Defense Technology Area Plan of the Department of 
     Defense.
       (3) The Basic Research Plan of the Department of Defense.
       (c) Input in Identification of Areas of Effort.--The 
     criteria and procedures described in subsection (a) shall 
     include input in the identification of areas of research and 
     development effort described in that subsection from 
     Department of Defense program managers (PMs) and program 
     executive officers (PEOs).
       (d) Identification of Research Programs For Accelerated 
     Transition to Acquisition Process.--

[[Page 22128]]

       (1) In general.--The Secretary of each military department 
     shall identify research programs that have successfully 
     completed Phase II of the Small Business Innovation Research 
     Program and that have the potential for rapid transitioning 
     to Phase III and into the acquisition process.
       (2) Limitation.--No research program may be identified 
     under paragraph (1) 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.
       (3) Report.--The Secretary shall submit to the 
     congressional defense committees a report setting forth the 
     research programs identified under paragraph (1). The report 
     shall include a description of the requirements intended to 
     be met by each program identified in the report.
       (e) Small Business Innovation Research Program Defined.--In 
     this section, the term ``Small Business Innovation Research 
     Program'' has the meaning given that term in section 2500(11) 
     of title 10, United States Code.

                 Subtitle C--Defense Contractor Matters

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

       (a) Requirements.--
       (1) In general.--Chapter 141 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2410p. Defense contractors: requirements concerning 
       former Department of Defense officials

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

``2410p. Defense contractors: requirements concerning former Department 
              of Defense officials.''.

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

     SEC. 822. REVIEW OF CERTAIN CONTRACTOR ETHICS MATTERS.

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

     SEC. 823. CONTRACT FRAUD RISK ASSESSMENT.

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

           Subtitle D--Defense Acquisition Workforce Matters

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

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

[[Page 22129]]

       (b) Conforming Amendment.--Section 1412 of the National 
     Defense Authorization Act for Fiscal year 2004 (Public Law 
     108-136; 117 Stat. 1664; 41 U.S.C. 433 note) is amended by 
     striking subsection (c).

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

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

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

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

                       Subtitle E--Other Matters

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

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

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

       (a) Codification and Modification of Limitation.--
       (1) In general.--Chapter 141 of title 10, United States 
     Code, as amended by section 821(a)(1) of this Act, is further 
     amended by adding at the end the following new section:

     ``Sec. 2410q. Modification of equipment within five years of 
       retirement or disposal

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

``2410q. Modification of equipment within five years of retirement or 
              disposal.''.

       (b) Repeal of Superseded Limitation.--Section 8053 of the 
     Department of Defense Appropriations Act, 1998 (Public Law 
     105-56; 111 Stat. 1232; 10 U.S.C. 2241 note) is repealed.

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

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

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

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

[[Page 22130]]

     for the purposes of section 27 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 423).''.

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

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

     SEC. 846. INCREASED LIMIT APPLICABLE TO ASSISTANCE PROVIDED 
                   UNDER CERTAIN PROCUREMENT TECHNICAL ASSISTANCE 
                   PROGRAMS.

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

     SEC. 847. PILOT PROGRAM ON EXPANDED PUBLIC-PRIVATE 
                   PARTNERSHIPS FOR RESEARCH AND DEVELOPMENT.

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

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

     SEC. 901. DIRECTORS OF SMALL BUSINESS PROGRAMS.

       (a) Redesignation of Existing Positions and Offices.--(1) 
     Each of the following positions within the Department of 
     Defense is redesignated as the Director of Small Business 
     Programs:
       (A) The Director of Small and Disadvantaged Business 
     Utilization of the Department of Defense.
       (B) The Director of Small and Disadvantaged Business 
     Utilization of the Department of the Army.
       (C) The Director of Small and Disadvantaged Business 
     Utilization of the Department of the Navy.
       (D) The Director of Small and Disadvantaged Business 
     Utilization of the Department of the Air Force.
       (2) Each of the following offices within the Department of 
     Defense is redesignated as the Office of Small Business 
     Programs:
       (A) The Office of Small and Disadvantaged Business 
     Utilization of the Department of Defense.
       (B) The Office of Small and Disadvantaged Business 
     Utilization of the Department of the Army.
       (C) The Office of Small and Disadvantaged Business 
     Utilization of the Department of the Navy.
       (D) The Office of Small and Disadvantaged Business 
     Utilization of the Department of the Air Force.
       (3) Any reference in any law, regulation, document, paper, 
     or other record of the United States to a position or office 
     redesignated by paragraph (1) or (2) shall be deemed to be a 
     reference to the position or office as so redesignated.
       (b) Department of Defense Position and Office.--(1) Chapter 
     4 of title 10, United States Code, is amended by inserting 
     after section 133b the following new section:

     ``Sec. 133c. Director of Small Business Programs

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

``133c. Director of Small Business Programs.''.

       (c) Department of the Army Position and Office.--(1) 
     Chapter 303 of title 10, United States Code, is amended by 
     adding at the end the following new section:

     ``Sec. 3024. Director of Small Business Programs

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

``3024. Director of Small Business Programs.''.

       (d) Department of the Navy Position and Office.--(1) 
     Chapter 503 of title 10, United States Code, is amended by 
     adding at the end the following new section:

     ``Sec. 5028. Director of Small Business Programs

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

``5028. Director of Small Business Programs.''.

       (d) Department of the Air Force Position and Office.--(1) 
     Chapter 803 of title 10, United States Code, is amended by 
     adding at the end the following new section:

     ``Sec. 8024. Director of Small Business Programs

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

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

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

       (a) Designation of Executive Agent.--The Secretary of 
     Defense shall designate an official within the Department of 
     Defense to act as executive agent to manage the acquisition 
     of capabilities necessary to defend the homeland against 
     cruise missiles, unmanned aerial vehicles, and other low 
     altitude aircraft that may be launched against the United 
     States.

[[Page 22131]]

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

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

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

                      Subtitle B--Space Activities

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

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

                       Subtitle C--Other Matters

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

       (a) Authority To Accept.--
       (1) In general.--Section 2611 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 2611. Regional centers for security studies: 
       acceptance of gifts and donations

       ``(a) Authority To Accept Gifts and Donations.--Subject to 
     subsection (c), the Secretary of Defense may, on behalf of 
     any Department of Defense regional center for security 
     studies, any combination of such centers, or such centers 
     generally, accept from any source specified in subsection (b) 
     any gift or donation for purposes of defraying the costs, or 
     enhancing the operation, of such center, combination of 
     centers, or centers generally, as the case may be.
       ``(b) Sources.--The sources from which gifts and donations 
     may be accepted under subsection (a) are the following:
       ``(1) The government of a State or a political subdivision 
     of a State.
       ``(2) The government of a foreign country.
       ``(3) A foundation or other charitable organization, 
     including a foundation or charitable organization this is 
     organized or operates under the laws of a foreign country.
       ``(4) Any source in the private sector of the United States 
     or a foreign country.
       ``(c) Limitation.--The Secretary may not accept a gift or 
     donation under subsection (a) if acceptance of the gift or 
     donation would compromise or appear to compromise--
       ``(1) the ability of the Department of Defense, any 
     employee of the Department, or any member of the armed forces 
     to carry out the responsibility or duty of the Department in 
     a fair and objective manner; or
       ``(2) the integrity of any program of the Department, or of 
     any person involved in such a program.
       ``(d) Criteria for Acceptance.--The Secretary shall 
     prescribe written guidance setting forth the criteria to be 
     used in determining whether the acceptance of a gift or 
     donation would have a result described in subsection (c).
       ``(e) Crediting of Funds.--(1) There is established on the 
     books of the Treasury of the United States an account to be 
     known as the `Regional Centers for Security Studies Account'.
       ``(2) Gifts and donations of money accepted under 
     subsection (a) shall be credited to the

[[Page 22132]]

     Account, and shall be available until expended, without 
     further appropriation, to defray the costs, or enhance the 
     operation, of the regional center, combination of centers, or 
     centers generally for which donated under that subsection.
       ``(f) Gift or Donation Defined.--In this section, the term 
     `gift or donation' means any gift or donation of funds, 
     materials (including research materials), real or personal 
     property, or services (including lecture services and faculty 
     services).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 155 of such title is amended by striking 
     the item relating to section 2611 and inserting the following 
     new item:

``2611. Regional centers for security studies: acceptance of gifts and 
              donations.''.

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

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

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


         ``operational files of the defense intelligence agency

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

[[Page 22133]]

     forth in paragraph (2) in conducting the required review.''.
       (2) The table of contents for that Act is amended by 
     inserting after the item relating to section 704 the 
     following new item:

``Sec. 705. Operational files of the Defense Intelligence Agency.''.

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

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

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

     SEC. 924. UNITED STATES MILITARY CANCER INSTITUTE.

       (a) Establishment.--Chapter 104 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2117. United States Military Cancer Institute

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

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

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial Matters

     SEC. 1001. TRANSFER AUTHORITY.

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

     SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

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

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

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

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

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

[[Page 22134]]

     amounts authorized to be appropriated for accounts in titles 
     I, II, and III to reflect the extent to which net savings 
     from lower-than-expected inflation are allocable to amounts 
     authorized to be appropriated to such accounts.

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

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

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

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

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

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

     SEC. 1008. REESTABLISHMENT OF LIMITATION ON PAYMENT OF 
                   FACILITIES CHARGES ASSESSED BY DEPARTMENT OF 
                   STATE.

       (a) Costs of Goods and Services Provided to Department of 
     State.--Funds appropriated for the Department of Defense may 
     be transferred to the Department of State as remittance for a 
     fee charged to the Department of Defense by the Department of 
     State for any year for the maintenance, upgrade, or 
     construction of United States diplomatic facilities only to 
     the extent that the amount charged (when added to other 
     amounts previously so charged for that fiscal year) exceeds 
     the total amount of the unreimbursed costs incurred by the 
     Department of Defense during that fiscal year in providing 
     goods and services to the Department of State.
       (b) Construction of Limitation.--The provisions of 
     subsection (a) shall be applicable without regard to the 
     following provisions of law:
       (1) The provisions of subsection (e) of section 604 of the 
     Secure Embassy Construction and Counterterrorism Act of 1999, 
     as added by section 629 of division B of Public Law 108-447 
     (118 Stat. 2920; 22 U.S.C. 4865 note).
       (2) The provisions of section 630 of the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 2005 (division B of Public Law 
     108-447 (118 Stat. 2921)).
       (c) Effective Date.--This section shall take effect as of 
     October 1, 2005.

                Subtitle B--Naval Vessels and Shipyards

     SEC. 1021. TRANSFER OF BATTLESHIPS.

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

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

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

                    Subtitle C--Counterdrug Matters

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

       (a) In General.--Chapter 18 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

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

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

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

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

       (a) Authority To Use Funds.--In conjunction with 
     counterdrug activities authorized by law, the Secretary of 
     Defense may use funds authorized to be appropriated to the 
     Department of Defense for drug interdiction and counterdrug 
     activities in fiscal years 2006 and 2007 for the detection, 
     monitoring, and interdiction of terrorists, terrorism-related 
     activities, and other related transnational threats along the 
     borders and

[[Page 22135]]

     within the territorial waters of the United States.
       (b) Construction With Other Authority.--The authority 
     provided by subsection (a) is in addition to the authority 
     provided in section 124 of title 10, United States Code.

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

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

                    Subtitle D--Reports and Studies

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

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

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

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

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

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

                    Subtitle E--Technical Amendments

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

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

                   Subtitle F--Military Mail Matters

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

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

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

       (a) Program of Delivery of Mail.--The Secretary of Defense 
     shall carry out a program under which mail and packages 
     addressed to Any Service Member that are posted in the United 
     States shall be delivered to deployed members of the Armed 
     Forces overseas at or through such Army Post Offices (APOs) 
     and Fleet Post Offices (FPOs) as the Secretary shall 
     designate for purposes of the program.
       (b) Screening of Mail.--In carrying out the program 
     required by subsection (a), the Secretary shall take 
     appropriate actions to ensure that the mail and packages 
     covered by the program are screened in order to detect the 
     presence in such mail and packages of biological, chemical, 
     or radiological weapons, agents, or pathogens, or explosive 
     devices, before such mail and packages are delivered to 
     members of the Armed Forces.
       (c) Distribution.--The Secretary shall ensure that mail and 
     packages delivered under

[[Page 22136]]

     the program required by subsection (a) are widely distributed 
     on an equitable basis among all the Armed Forces in their 
     overseas areas.
       (d) Outreach.--
       (1) In general.--The Secretary shall, in collaboration with 
     the Postmaster General, take appropriate actions to provide 
     information to the public on the program required by 
     subsection (a).
       (2) Outlets.--Information shall be provided to the public 
     under this subsection through Department of Defense 
     facilities and communications outlets, Postal Service 
     facilities, and such other means as the Secretary and the 
     Postmaster General consider appropriate.
       (e) Any Service Member Defined.--In this section, the term 
     ``Any Service Member'' means an undesignated or unspecified 
     member of the Armed Forces (often addressed on mail or 
     packages as ``Any American Service Member or Soldier''), 
     rather than any particular or specified member of the Armed 
     Forces.

                       Subtitle G--Other Matters

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

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

     SEC. 1072. CLARIFICATION OF AUTHORITY TO ISSUE SECURITY 
                   REGULATIONS AND ORDERS UNDER INTERNAL SECURITY 
                   ACT OF 1950.

       Section 21(a) of the Internal Security Act of 1950 (Public 
     Law 81-831; 64 Stat. 1005) is amended by inserting ``or 
     military or civilian director'' after ``military commander''.

     SEC. 1073. SUPPORT FOR YOUTH ORGANIZATIONS.

       (a) Short Title.--This section may be cited as the 
     ``Support Our Scouts Act of 2005''.
       (b) Support for Youth Organizations.--
       (1) Definitions.--In this subsection--
       (A) the term ``Federal agency'' means each department, 
     agency, instrumentality, or other entity of the United States 
     Government; and
       (B) the term ``youth organization''--
       (i) means any organization that is designated by the 
     President as an organization that is primarily intended to--

       (I) serve individuals under the age of 21 years;
       (II) provide training in citizenship, leadership, physical 
     fitness, service to community, and teamwork; and
       (III) promote the development of character and ethical and 
     moral values; and

       (ii) shall include--

       (I) the Boy Scouts of America;
       (II) the Girl Scouts of the United States of America;
       (III) the Boys Clubs of America;
       (IV) the Girls Clubs of America;
       (V) the Young Men's Christian Association;
       (VI) the Young Women's Christian Association;
       (VII) the Civil Air Patrol;
       (VIII) the United States Olympic Committee;
       (IX) the Special Olympics;
       (X) Campfire USA;
       (XI) the Young Marines;
       (XII) the Naval Sea Cadets Corps;
       (XIII) 4-H Clubs;
       (XIV) the Police Athletic League;
       (XV) Big Brothers--Big Sisters of America; and
       (XVI) National Guard Youth Challenge.

       (2) In general.--
       (A) Support for youth organizations.--
       (i) Support.--No Federal law (including any rule, 
     regulation, directive, instruction, or order) shall be 
     construed to limit any Federal agency from providing any form 
     of support for a youth organization (including the Boy Scouts 
     of America or any group officially affiliated with the Boy 
     Scouts of America) that would result in that Federal agency 
     providing less support to that youth organization (or any 
     similar organization chartered under the chapter of title 36, 
     United States Code, relating to that youth organization) than 
     was provided during the preceding fiscal year. This clause 
     shall be subject to the availability of appropriations
       (ii) Youth organizations that cease to exist.--Clause (i) 
     shall not apply to any youth organization that ceases to 
     exist.
       (iii) Waivers.--The head of a Federal agency may waive the 
     application of clause (i) to any youth organization with 
     respect to each conviction or investigation described under 
     subclause (I) or (II) for a period of not more than 2 fiscal 
     years if--

       (I) any senior officer (including any member of the board 
     of directors) of the youth organization is convicted of a 
     criminal offense relating to the official duties of that 
     officer or the youth organization is convicted of a criminal 
     offense; or
       (II) the youth organization is the subject of a criminal 
     investigation relating to fraudulent use or waste of Federal 
     funds.

       (B) Types of support.--Support described under this 
     paragraph shall include--
       (i) holding meetings, camping events, or other activities 
     on Federal property;
       (ii) hosting any official event of such organization;
       (iii) loaning equipment; and
       (iv) providing personnel services and logistical support.
       (c) Support for Scout Jamborees.--
       (1) Findings.--Congress makes the following findings:
       (A) Section 8 of article I of the Constitution of the 
     United States commits exclusively to Congress the powers to 
     raise and support armies, provide and maintain a Navy, and 
     make rules for the government and regulation of the land and 
     naval forces.
       (B) Under those powers conferred by section 8 of article I 
     of the Constitution of the United States to provide, support, 
     and maintain the Armed Forces, it lies within the discretion 
     of Congress to provide opportunities to train the Armed 
     Forces.
       (C) The primary purpose of the Armed Forces is to defend 
     our national security and prepare for combat should the need 
     arise.
       (D) One of the most critical elements in defending the 
     Nation and preparing for combat is training in conditions 
     that simulate the preparation, logistics, and leadership 
     required for defense and combat.
       (E) Support for youth organization events simulates the 
     preparation, logistics, and leadership required for defending 
     our national security and preparing for combat.
       (F) For example, Boy Scouts of America's National Scout 
     Jamboree is a unique training event for the Armed Forces, as 
     it requires the construction, maintenance, and disassembly of 
     a ``tent city'' capable of supporting tens of thousands of 
     people for a week or longer. Camporees at the United States 
     Military Academy for Girl Scouts and Boy Scouts provide 
     similar training opportunities on a smaller scale.
       (2) Support.--Section 2554 of title 10, United States Code, 
     is amended by adding at the end the following:
       ``(i)(1) The Secretary of Defense shall provide at least 
     the same level of support under this section for a national 
     or world Boy Scout Jamboree as was provided under this 
     section for the preceding national or world Boy Scout 
     Jamboree.
       ``(2) The Secretary of Defense may waive paragraph (1), if 
     the Secretary--
       ``(A) determines that providing the support subject to 
     paragraph (1) would be detrimental to the national security 
     of the United States; and
       ``(B) reports such a determination to the Congress in a 
     timely manner, and before such support is not provided.''.
       (d) Equal Access for Youth Organizations.--Section 109 of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5309) is amended--
       (1) in the first sentence of subsection (b) by inserting 
     ``or (e)'' after ``subsection (a)''; and
       (2) by adding at the end the following:
       ``(e) Equal Access.--
       ``(1) Definition.--In this subsection, the term `youth 
     organization' means any organization described under part B 
     of subtitle II of title 36, United States Code, that is 
     intended to serve individuals under the age of 21 years.
       ``(2) In general.--No State or unit of general local 
     government that has a designated open forum, limited public 
     forum, or nonpublic forum and that is a recipient of 
     assistance under this chapter shall deny equal access or a 
     fair opportunity to meet to, or discriminate against, any 
     youth organization, including the Boy Scouts of America or 
     any group officially affiliated with the Boy Scouts of 
     America, that wishes to conduct a meeting or otherwise 
     participate in that designated open forum, limited public 
     forum, or nonpublic forum.''.

       TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

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

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

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

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

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

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

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

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

[[Page 22137]]

       (2) in clause (ii)--
       (A) by striking ``February 1, 2007'' and inserting 
     ``February 1, 2011''; and
       (B) by striking ``October 1, 2006'' and inserting ``October 
     1, 2010''.

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

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

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

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

     SEC. 1106. INCREASE IN AUTHORIZED NUMBER OF DEFENSE 
                   INTELLIGENCE SENIOR EXECUTIVE SERVICE 
                   EMPLOYEES.

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

     SEC. 1107. STRATEGIC HUMAN CAPITAL PLAN FOR CIVILIAN 
                   EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

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

[[Page 22138]]

       (1) the Committees on Armed Services and Homeland Security 
     and Governmental Affairs of the Senate; and
       (2) the Committees on Armed Services and Government Reform 
     of the House of Representatives.

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

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

              TITLE XII--MATTERS RELATING TO OTHER NATIONS

     SEC. 1201. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

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

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

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

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

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

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

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

     SEC. 1205. PROHIBITION ON ENGAGING IN CERTAIN TRANSACTIONS.

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


                              ``PENALTIES

       ``Sec. 206. (a) It shall be unlawful for--
       ``(1) a person to violate or attempt to violate any 
     license, order, regulation, or prohibition issued under this 
     title;
       ``(2) a person subject to the jurisdiction of the United 
     States to take any action to evade or avoid, or attempt to 
     evade or avoid, a license, order, regulation, or prohibition 
     issued this title; or
       ``(3) a person subject to the jurisdiction of the United 
     States to approve, facilitate, or provide financing for any 
     action, regardless of who initiates or completes the action, 
     if it would be unlawful for such person to initiate or 
     complete the action.
       ``(b) A civil penalty of not to exceed $250,000 may be 
     imposed on any person who commits an unlawful act described 
     in paragraph (1), (2), or (3) of subsection (a).
       ``(c) A person who willfully commits, or willfully attempts 
     to commit, an unlawful

[[Page 22139]]

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

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

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

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

     SEC. 1302. FUNDING ALLOCATIONS.

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

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

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

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

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

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

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

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

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

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

     SEC. 1401. PURPOSE.

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

     SEC. 1402. DESIGNATION AS EMERGENCY AMOUNTS.

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

     SEC. 1403. ARMY PROCUREMENT.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal year 2006 for procurement accounts of 
     the Army in amounts as follows:
       (1) For aircraft, $70,300,000.
       (2) For weapons and tracked combat vehicles, $27,800,000.
       (3) For other procurement $376,700,000.
       (b) Availability of Certain Amounts.--
       (1) Availability.--Of the amount authorized to be 
     appropriated by subsection (a)(3),

[[Page 22140]]

     $225,000,000 shall be available for purposes as follows:
       (A) Procurement of up-armored high mobility multipurpose 
     wheeled vehicles (UAHs).
       (B) Procurement of wheeled vehicle add-on armor protection, 
     including armor for M1151/M1152 high mobility multipurpose 
     wheeled vehicles.
       (C) Procurement of M1151/M1152 high mobility multipurpose 
     wheeled vehicles.
       (2) Allocation of funds.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     of the Army shall allocate the manner in which amounts 
     available under paragraph (1) shall be available for the 
     purposes specified in that paragraph.
       (B) Limitation.--Amounts available under paragraph (1) may 
     not be allocated under subparagraph (A) until the Secretary 
     certifies to the congressional defense committees that the 
     Army has a validated requirement for procurement for a 
     purpose specified in paragraph (1) based on a statement of 
     urgent needs from a commander of a combatant command.
       (C) Reports.--Not later than 15 days after an allocation of 
     funds is made under subparagraph (A), the Secretary shall 
     submit to the congressional defense committees a report 
     describing such allocation of funds.

     SEC. 1404. NAVY AND MARINE CORPS PROCUREMENT.

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

     SEC. 1405. AIR FORCE PROCUREMENT.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the procurement accounts for the Air Force in 
     the amounts as follows:
       (1) For aircraft, $104,700,000.
       (2) For other procurement, $51,900,000.

     SEC. 1406. OPERATION AND MAINTENANCE.

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

     SEC. 1407. DEFENSE HEALTH PROGRAM.

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

     SEC. 1408. MILITARY PERSONNEL.

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

     SEC. 1409. 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 $3,880,270,000.
       (b) Limitation on Availability of Certain Amount.--Of the 
     amount authorized to be appropriated by subsection (a), not 
     less than $500,000,000 shall be available only for support of 
     activities of the Joint Improvised Explosive Device Task 
     Force.
       (c) Transfer.--
       (1) Transfer authorized.--Subject to paragraph (2), amounts 
     authorized to be appropriated by subsection (a) may be 
     transferred from the Iraq Freedom Fund to any accounts as 
     follows:
       (A) Operation and maintenance accounts of the Armed Forces.
       (B) Military personnel accounts.
       (C) Research, development, test, and evaluation accounts of 
     the Department of Defense.
       (D) Procurement accounts of the Department of Defense.
       (E) Accounts providing funding for classified programs.
       (F) The operating expenses account of the Coast Guard.
       (2) Notice to congress.--A transfer may not be made under 
     the authority in paragraph (1) until 5 days after the date on 
     which the Secretary of Defense notifies the congressional 
     defense committees in writing of the transfer.
       (3) Treatment of transferred funds.--Amounts transferred to 
     an account under the authority in paragraph (1) shall be 
     merged with amounts in such account, and shall be made 
     available for the same purposes, and subject to the same 
     conditions and limitations, as amounts in such account.
       (4) Effect on authorization amounts.--A transfer of an 
     amount to an account under the authority in paragraph (1) 
     shall be deemed to increase the amount authorized for such 
     account by an amount equal to the amount transferred.

     SEC. 1410. TRANSFER AUTHORITY.

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

  Mr. WARNER. Mr. President, my understanding is that amendment 1955, 
as modified, is available to be brought up for consideration.
  I now ask that the amendment be considered.
  The PRESIDING OFFICER. The amendment is now pending.
  Mr. WARNER. I ask for its consideration.
  Mr. STEVENS. Mr. President, it is my understanding that the amendment 
that the Senator from Virginia, chairman of the Armed Services 
Committee, has offered is still the authorization bill from the Armed 
Services Committee, as modified.
  May I inquire of the Senator, is that correct?

[[Page 22141]]


  Mr. WARNER. Mr. President, that is correct.
  Mr. STEVENS. Mr. President, that bill offered to this appropriations 
bill is a massive authorization bill offered as an amendment and, as 
such, it amounts to legislation on an appropriations bill.
  Mr. WARNER. Mr. President, I am having some difficulty--because of 
the conversations taking place elsewhere in the Chamber--following the 
distinguished manager's remarks.
  The PRESIDING OFFICER. The Senate will be in order.
  Mr. STEVENS. Mr. President, as modified, this is still the 
authorization bill being offered to an appropriations bill. It amounts 
to legislation on an appropriations bill--a substantial authorization, 
I might add. I feel it is a violation of rule XVI. Therefore, as 
chairman of this subcommittee, I make a point of order that this 
amendment offered by the Senator from Virginia is subject to the 
provisions of rule XVI, and I make that point of order very plainly. I 
ask that it be ruled to be authorization on an appropriations bill.
  Mr. WARNER. Mr. President, at this time, I insert the defense of 
germaneness, and I ask for the yeas and nays.
  The PRESIDING OFFICER. At this moment, there is not a sufficient 
second.
  Mr. STEVENS. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. FRIST. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Chambliss). Without objection, it is so 
ordered.
  Mr. FRIST. Mr. President, pending before the Senate is a nondebatable 
question as to whether the pending Warner amendment is germane. I now 
ask consent that this question be temporarily set aside to recur 
Wednesday evening at 7:30.
  Mr. WARNER. Mr. President, reserving the right to object, I do not 
intend to object, but I wish to advise the Members of the Senate the 
Record will reflect tomorrow the colloquy and actions taken by the 
distinguished managers and myself which gave rise to this amendment.
  The Parliamentarian ruled with regard to my amendment as follows: We, 
the Parliamentarians, have advised that there is sufficient----
  Mr. STEVENS. Will the Senator permit me to interrupt? The 
Parliamentarian has not ruled. The Parliamentarian has stated and 
advised that you have the defense of germaneness.
  Mr. WARNER. Mr. President, the Senator is right. I said the 
Parliamentarians have advised--that is as I have read it, in the 
Parliamentarian's handwriting--there is sufficient language in the 
House bill to permit Senator Warner to assert the defense of 
germaneness with respect to his amendment numbered 1955.
  I did just that. I have acted consistently, having been working with 
the Parliamentarian through much of the day as to how to develop this 
procedure. I followed the rules as I understood them and advised the 
Parliamentarian.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Cloture Motion

  Mr. FRIST. I send a cloture motion to the desk.
  The PRESIDING OFFICER. The cloture motion, having been presented 
under rule XXII, the Chair directs the clerk to read the motion.
  The legislative clerk read as follows:

                             Cloture Motion

       We the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on H.R. 2863: the 
     Department of Defense appropriations bill.
         Bill Frist, Ted Stevens, Daniel Inouye, Mel Martinez, 
           Mitch McConnell, Bob Bennett, George Allen, Chuck 
           Hagel, Tom Coburn, Richard Burr, Lisa Murkowski, John 
           Thune, Lamar Alexander, Richard Shelby, Jon Kyl, Jeff 
           Sessions, Saxby Chambliss.

  Mr. FRIST. Mr. President, the unanimous consent request was to 
temporarily set aside the pending Warner amendment, the determination 
of whether it is germane, until 7:30 tomorrow evening. What that means, 
practically speaking, now that we have filed cloture as well, is we 
will continue on the Department of Defense appropriations bill; 
amendments, as they are brought to the Senate, will be debated and 
considered over the course of tomorrow, throughout the day; that the 
first vote that will be taken--we are not going to be voting until 
tomorrow evening--is on the issue of the germaneness of the Warner 
amendment. There are likely to be--in fact, there will be--other votes 
stacked after that depending on what comes forward tomorrow. We have 
two other amendments pending as well.
  The cloture motion has been filed. That cloture vote would be on--
today is Tuesday, then comes Wednesday--Thursday morning, which will 
allow us to complete the Department of Defense appropriations bill this 
week, as we have said all along.
  One of the reasons we filed cloture tonight is to allow the full 
Senate to decide how best to proceed and to move forward so the 
preferences of Senators can be heard, listened to, and we can bring to 
closure this particular bill.
  Mr. President, I will simply turn to my distinguished colleague from 
Virginia to allow him to make any statement, but that is the 
understanding we have had among both the chairman and ranking member of 
the Department of Defense appropriations bill, the leadership on both 
sides, and the chairman of the authorizing amendment that has been 
offered.
  The PRESIDING OFFICER. The Senator from Virginia.
  Mr. WARNER. Mr. President, I thank my distinguished leader. I thank 
him for working with me continuously on this matter in every way to try 
to get our bill up because the distinguished majority leader, as well 
as the Democratic leader and Senator Levin and others, thinks it is 
imperative, with this Nation at war, this bill be addressed in a timely 
manner by the Senate and hopefully passed. It contains so many 
provisions which are essential to the men and women of the Armed 
Forces.
  I have continuously fought that battle and will continue to do so. I 
participated in the drafting of this UC in a manner that enables the 
Senate to continue its work tomorrow, although I could have objected 
throughout. I would not object to allowing the Senate to continue its 
business and the Appropriations Committee to work the bill as sent.
  I also believe, as you have advised me, you will continue to work, as 
will the Democratic leader, to seek a UC by which the Defense 
authorization bill can be brought up as a freestanding measure, at a 
time agreed upon by the two leaders, with a certain description of 
provisions that enable us to bring it up and how that further work on 
the bill will be conducted and in what timeframe. That is important to 
the two leaders. Hopefully, we can achieve that tomorrow. If we do, 
then I would take the appropriate parliamentary steps to remove from 
the appropriations bill these matters.
  So I thank the two leaders and reiterate the essential nature of 
bringing this bill forward. I feel very strongly about it. And I thank 
my colleague from Alaska with whom I worked today. I am not 
suggesting--anyway, we worked it out, followed the rules, and that is 
it. I thank the leadership.
  Mr. President, I yield the floor.


                           NOTICES OF INTENT

  Mr. BIDEN. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend paragraph 4 of rule XVI for the purpose of 
proposing to the bill, H.R. 2863, the Department of Defense 
Appropriations Bill, the following amendment: Amendment no. 1999.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mrs. LINCOLN. Mr. President, in accordance with rule V of the 
Standing Rules of the Senate, I hereby give notice in writing of my 
intention to move to suspend paragraph 4 rule XVI for the purpose of 
proposing to the bill, H.R. 2863, the Defense Appropriations bill, the 
following amendment: No. 2025.

[[Page 22142]]

  (The amendment is printed in today's Record under ``Text of 
Amendments.'')

                          ____________________