[Congressional Record (Bound Edition), Volume 151 (2005), Part 8]
[House]
[Pages 11208-11351]
[From the U.S. Government Publishing Office, www.gpo.gov]




        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2006

  The SPEAKER pro tempore. Pursuant to House Resolution 293 and rule 
XVIII, the Chair declares the House in the Committee of the Whole House 
on the State of the Union for the consideration of the bill, H.R. 1815.
  The Chair designates the gentleman from Idaho (Mr. Simpson) as 
chairman of the Committee of the Whole, and requests the gentleman from 
Arkansas (Mr. Boozman) to assume the chair temporarily.

                              {time}  1212


                     In the Committee of the Whole

  Accordingly, the House resolved itself into the Committee of the 
Whole House on the State of the Union for the consideration of the bill 
(H.R. 1815) to authorize appropriations for fiscal year 2006 for 
military activities of the Department of Defense, to prescribe military 
personnel strengths for fiscal year 2006, and for other purposes, with 
Mr. Boozman (Acting Chairman) in the chair.
  The Clerk read the title of the bill.
  The Acting CHAIRMAN. Pursuant to the rule, the bill is considered as 
having been read the first time.
  Under the rule, the gentleman from California (Mr. Hunter) and the 
gentleman from Missouri (Mr. Skelton) each will control 30 minutes.
  The Chair recognizes the gentleman from California (Mr. Hunter).
  Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
  This year, the Committee on Armed Services has put together a bill 
that is a true example of bipartisan cooperation, providing the men and 
women of the armed services with the best equipment, best training, and 
a benefit package that is worthy of their service and their sacrifice.
  The National Defense Authorization Act For Fiscal Year 2006 provides 
$441 billion for the Department of Defense and the Department of 
Energy. The bill was voted out of committee by a vote of 61 to 1 and 
contains significant improvements in areas of military personnel, 
acquisition reform, responsible defense procurement strategies, and 
addresses a need for continuity in funding for our ongoing efforts in 
the global war on terror.
  But before I get into any details, Mr. Chairman, I would like to 
thank the gentleman from Missouri (Mr. Skelton), who has been my 
partner on this committee, for all the great work that he has done. I 
would also like to praise our subcommittee chairmen and ranking 
members. This bill is a culmination of their many hearings and 
oversight reviews.
  Almost every member of this full committee has been to the war 
fighting theaters in Iraq and Afghanistan and gathered firsthand 
important information that has ultimately been reflected in this bill 
that we have put together. I want to thank all the members of the 
committee and all our great leaders on both the Democrat and Republican

[[Page 11209]]

side, the chairmen of the subcommittees and the ranking members, for 
their work.
  This year, Mr. Chairman, we have made taking care of our troops, both 
now and in the future, one of our top priorities. We can do all of 
these things in developing great weapons systems and facilities, but 
the only thing that really is important, the element that drives the 
security apparatus of the United States, is people. It is the men and 
women in uniform. To recognize these sacrifices, the committee has 
included a number of very well-deserved changes in our MILPER system, 
and it starts with this 3.1 percent pay raise across the board.
  Incidentally, that pulls down this difference in pay on the outside 
in the domestic world and military pay. There has always been a 
differential. If you were a military technician in a certain area, you 
have historically made less money than your counterpart in the private 
world.

                              {time}  1215

  But we have pulled down that differential now to a very low rate, 
which is now about 4.6 percent. We have increased, in fact, military 
pay 25 percent over the last 4 years, and that has been the result of 
the great work of members of our committee, Mr. Chairman.
  We have also increased the death gratuity to $100,000, and 
understanding that there is no way we can repay those who have lost 
their loved ones, this helps to bridge those very difficult times when 
that man or woman does not come back from the warfighting theaters.
  We also provide additional increases in end strength. With this bill 
we have completed our end strength increase plan of 30,000 more 
soldiers for the Army and 4,000 for the Marine Corps.
  But we also realize that there are a lot of other things we need to 
do, especially in the warfighting theaters. We have increased by $572 
million our inventory of Humvees, $183 million for counter-rocket and 
mortar systems. Those are the systems that can take down those mortars 
and rockets that are coming into the fire bases in Iraq and 
Afghanistan, inflicting in some cases egregious wounds on our 
personnel.
  And we have put in an additional $45 million for these jamming 
devices to jam improvised explosive devices that the insurgents are 
using in the warfighting theaters. That is a place where the insurgents 
can stand back 300 or 400 yards from a roadway, wait for that Marine or 
Army convoy to line up on a lamppost, and by using a low-power device 
like a garage door opener, detonate an improvised explosive device, 
which may be an artillery shell next to that road, hurting the 
Americans. Jamming that capability, defeating that capability, is an 
important thing, and we have put a lot of money into that, Mr. 
Chairman.
  These are a couple of examples I wanted to go over.
  But I wanted to go to another area that is very important for our 
Nation's future and the future of our defense apparatus. We are paying 
a ton of money now for single systems. The future combat system for the 
Army is now projected to cost almost twice what we originally 
projected. The cost of the new destroyer, the DD(X), is going to be, 
according to projections, well over $3 billion.
  So we see these escalating prices threatening our ability to buy 
enough systems, enough trucks, tanks, ships, planes, to provide the 
coverage that we need in power projection around the world. We are 
putting some very important disciplines into the acquisition process to 
make it more difficult for the private sector to increase these prices 
dramatically and for this combination of our own bureaucracy and the 
private sector to inadvertently allow their program costs to rise. So 
we are working to instill some fiscal discipline, Mr. Chairman, and 
that is manifested in this particular mark.
  Finally, Mr. Chairman, let me just say that we have extraordinary 
people in the warfighting theaters today. These young men and women 
went in initially thinking they would see poison gas on the 
battlefield. They did not see that poison gas, but they have come up 
against things like IEDs, new ways of attacking that we did not 
anticipate, and that will continue to evolve as the insurgents search 
for new ways to attack Americans. And we have to have the flexibility 
and the agility to provide new systems and new types of operations to 
counter what we are going to see not only in Iraq and Afghanistan, but 
around the world in this global war against terrorism.
  So we have given the tools to our troops today, and this is just part 
of the process, but we have initiated, with this bill, giving to our 
troops the tools that they need to get the job done. It has been a 
bipartisan effort, and the gentleman from Missouri has been a real 
partner in putting this bill together.
  Mr. Chairman, I reserve the balance of my time.
  Mr. SKELTON. Mr. Chairman, I yield myself such time as I may consume.
  First let me thank the gentleman from California (Mr. Hunter), my 
friend and colleague, the chairman, for his leadership on this 
committee, for the by and large strong bipartisanship that we have had 
on this bill. I thank him and all the members on both sides of the 
aisle, the chairman, the subcommittee chairmen and ranking members. 
They have all worked so well and so hard.
  This is a $440 billion bill, and it means so very much for the 
national security of our country.
  So we again thank the gentleman from California (Mr. Hunter) for his 
participation, for his friendship and for being a strong colleague in 
national defense.
  I am pleased that this year's defense budget represents a real 
increase in defense spending over last year's level. The committee made 
good use of the money in recommending vital readiness, modernization, 
infrastructure improvements, which will keep our forces the best 
trained and best equipped in the world.
  At this point, Mr. Chairman, I feel that I must say that I am so very 
proud of every man and every woman who wears the uniform of the United 
States. It is up to us, in the Constitution, to provide and maintain 
them, and, that is, from all of us who serve on this committee, it is a 
labor of love. Those young men and young women putting their hearts and 
souls, their bodies, their careers on the line for our country. So the 
least we can do at this moment is say a special thanks to them by 
passing an excellent bill which does help them in their duties.
  I want to commend the gentleman from Arkansas (Mr. Snyder), ranking 
member, and the gentleman from New York (Chairman Mr. McHugh) for 
increasing the Army and Marine Corps end-strength. I have been saying 
since 1995, Mr. Chairman, that we needed 40,000 more troops in the 
United States Army, and this year we are authorizing an additional 
30,000 for the Army and an additional 4,000 for the United States 
Marines.
  However, they are paid for out of the supplemental that we are 
authorizing. Nevertheless, it is happening. It should be paid for out 
of the base bill, but it is happening because they are stretched, they 
are strained.
  I also want to commend the efforts to reform the purchase of Navy 
ships. If we are ever going to get to the point where we can afford to 
buy more than just a few ships a year, we are going to have to do 
things differently, and I think that buying the number of ships that we 
are doing, the additional three ships, is a major step in the right 
direction.
  I do, however, want to raise two matters of concern. The bill 
authorizes almost $50 billion in fiscal year 2006 supplemental 
appropriations for the wars in Iraq and Afghanistan. These funds are 
separate and apart from the $440-plus billion we are authorizing. My 
concern is that the conflicts for which we are authorizing this 
additional money are mature enough that their costs are foreseeable and 
could and should be included in the base bill. In my view, budgeting in 
this fashion has adverse consequences.
  Secondly, the ``emergency'' designation that goes along with 
supplemental

[[Page 11210]]

appropriations hides the true extent of the Federal deficit. Although 
we may disagree on the practice of funding operations in the Iraq war 
and the Afghanistan conflict through supplemental appropriations, if we 
are going to go down this road, then we should not short-circuit the 
authorization process. And that is what we are doing. We are 
authorizing, as we should, rather than leave it up to the Committee on 
Appropriations; and I think that is a move in the right direction.
  Finally, Mr. Chairman, let me say a word about the Hunter amendment. 
This deals with the women in uniform. At the outset I must say I am 
proud of every man and woman who wears the uniform and the duty that 
they perform.
  In the Military Personnel Subcommittee, the amendment was adopted on 
a party-line vote, which had the effect of freezing out and causing to 
be closed some 21,950 positions. That was not a good move. That would 
be disruptive, not just to women; it would be disruptive to our 
national defense because so many of them are serving all over the globe 
in such superb fashion.
  In the full committee, another amendment was adopted that was an 
attempt to codify Secretary Les Aspin's 1994 women issue language. It 
was not full and complete, and there were some serious problems with 
that, and the United States Army opposed that. That is the way the bill 
is at this moment.
  I understand there is an amendment by the gentleman from California 
(Mr. Hunter) that will wipe that out and that will call for a special 
way of counting notification to Congress and call for a study. Should 
that pass, it will wipe out the onerous language that is there that is 
causing a great deal of concern not just with women in the uniform, but 
those others who work with them and for them.
  The process in this regard has been, I think, unfair to Democrats. So 
as a matter of fact, we have come out on the issue regarding women. If 
the new Hunter amendment is adopted, possibly those two amendments are 
behind us and we do not have to worry about their being concerned; and 
that is the major victory in this issue of personnel.
  I feel constrained to mention that the committee adopted an amendment 
that would have extended TRICARE coverage to Reservists. Unfortunately, 
the provision was technically defective, and the Committee on Rules had 
the opportunity to right that wrong, and they did not do so. So we look 
forward to discussing that at a later time. The gentleman from 
Mississippi (Mr. Taylor), I am sure, will address that situation.
  By and large, this is a good bill. We have worked hard on it. The 
subcommittees have worked hard on it. And so often we have serious 
problems, as we have with the issue regarding the women in uniform, but 
I do not want those issues to detract from the fact that this is a 
solid piece of legislation that helps fight the war against terrorism 
and helps fight against the insurgency in Iraq and also funds the men 
and women in the performance of their duties all over this globe.
  So I will say that we have a tremendous military that we should be 
very proud of.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HUNTER. Mr. Chairman, I yield 4 minutes to the gentleman from 
Pennsylvania (Mr. Weldon), who is the vice chairman of the full 
committee and the chairman of the Tactical Air and Land Forces 
Subcommittee, and who has done a great job in putting his package 
together in terms of modernizing our forces.
  Mr. WELDON of Pennsylvania. Mr. Chairman, I, first of all, want to 
thank my distinguished chairman and the ranking member for their work.
  Let me say this at the outset. I cannot tell the Members how proud I 
am to serve on this committee. Every day that I serve in this 
institution, I am happy that we work so well together. But this 
committee, I think, sets the entire example for the entire Congress. 
Democrats and Republicans, we work together.
  I think the best evidence of that is, we had a vote out of committee 
of 61 of the 62 members coming together, and where we had areas of 
disagreement, we have been able to work those out. What a real credit 
and testimony to this Congress and those 62 members who are on this 
committee and to our leader.
  The chairman has done a fantastic job. He has done what many said was 
the impossible, and I applaud him for that, under extremely difficult 
circumstances.
  The gentleman from Missouri (Mr. Skelton) has been a tireless 
advocate for what is right for our military, and I applaud him for 
that. To the gentleman from Hawaii (Mr. Abercrombie), my ranking 
member, I thank him. He is a great American and it is great to work 
with him.
  And I want to add a special amount of praise to our new staff 
director, who is sitting here for the first time at the table. I look 
forward to what I know is going to be an extremely productive 
relationship with a real professional who is going help us in our job.
  Mr. Chairman, in my part of the bill in the Tactical Air and Land 
Forces Subcommittee, we had some difficult decisions to make. I had $10 
billion of requests for plus-ups that I could not meet, that the 
services wanted, that Members came to me for. It was impossible. We did 
the best that we could.
  And again this committee did what we did last year. It was this 
committee that called for additional funding to up-armor our Humvees 
and take care of the troops that were in harm's way. It was this 
committee that led the White House last year in getting that first $25 
billion supplemental.
  This weekend, I will take a bipartisan delegation back to Iraq, and 
we will spend Memorial Day in theater with the troops seeing the 
visible examples that we have helped provide to allow our military to 
be so capable and so successful. And that was our primary focus in the 
defense bill this year, how best to support our military and civilian 
personnel in the war against terrorism.
  The second thing that we did, and it was difficult, was 
accountability for DOD programs. And that is not easy. We have services 
each wanting their own individual platforms while accomplishing the 
same objective. We put language in this that says they cannot do that. 
We cannot afford to have the exact same helicopter for the Army that 
meets the exact same need of the Marine Corps. Why do we not come 
together with one platform for both? This committee took that action, 
and I am proud to say that is a part of our recommendation.
  We also said that in the case of new technology and new programs, we 
want to see the technology before we buy it. What disappointed me was 
that some of the contractors and some of my good friends in this body 
tried to mischaracterize the language we put in the bill on the 
Presidential helicopter.

                              {time}  1230

  Our language on the Presidential helicopter was not to score a point 
against or for any contractor or any region of the country. I fully 
support the decision of the Navy and the Marine Corps and the down-
select that they made. And it is not about ``Buy America'' or not 
buying America. It is about what is the best helicopter to meet the 
needs of our President. But I would say we have to have closer control 
over the dollar amount going into this program.
  We also had to make a difficult decision, as my chairman outlined, on 
Future Combat Systems. We cut the program by $400 million; but it was 
the right decision to make financially, to make sure that we are 
protecting the taxpayers' interest as well as giving the warfighter the 
best technology. We made a number of other changes in terms of the 
overall purchasing of our major platforms. I will not go into them. I 
will submit them all for the Record.
  In closing, I want to say again how proud I am to serve with a 
Democrat and Republican who truly understand how to lead, to work 
together, and in the end to do what is best for our warfighters. I 
thank my distinguished chairman and ranking member and the gentleman 
from Hawaii (Mr. Abercrombie), as my own subcommittee

[[Page 11211]]

ranking member, for their cooperation on this final product. It is 
deserving of a ``yes'' vote from every Member of this body.
  Jurisdiction includes $67 billion in DOD procurement and research and 
development.
  Bill increases the requested authorization for programs within the 
jurisdiction of the Tactical Air and Land Forces Subcommittee by $4.5 
billion.
  Focus: First, how best to support our military and civilian personnel 
serving in the global war on terrorism; and second, accountability in 
DOD programs.
  Legislative initiatives that seek to redress several unfavorable 
trends in the Department of Defense:
  Programs being called joint programs with only one service 
participating in the program. This results in large, single service and 
program research and development expenditures for service unique 
programs followed by short production runs and inefficient use of 
taxpayer dollars.
  Each service would like its 100 percent solution to every 
requirement, but that simply cannot be afforded. We want to make sure 
valid needs of the services are met, but affordability and unique 
solutions to requirements have to be balanced. We cannot afford to 
continue to have individual, service solutions within our ground forces 
for helicopters, tactical wheeled vehicles, blue force tracking, body 
armor, armored vehicle upgrades, vehicle add-on armor kits, and 
unmanned aerial vehicle systems, as well as other programs.
  Also, programs cannot continue to be allowed to enter pre-production 
R&D, with immature technologies and ill-defined or unrealistic 
requirements.
  Further, the Office of the Secretary of Defense is there for a 
purpose, to exercise oversight and reconcile differing service 
requirements. OSD needs to start exercising its responsibility in 
programs like unmanned aerial vehicles and helicopter development.
  We must stop the trend toward excessive research and development and 
procurement concurrency in acquisition programs, resulting in not 
``flying before buying,'' potential extensive post production 
modifications, and the associated increased acquisition costs. An 
example is in the action we have taken on the VXX--the presidential 
helicopter replacement program. The companies involved have tried to 
portray the action we have taken as a win for their particular 
marketing strategy when all that our legislation requires is flying the 
VXX before buying. It is not a Buy American provision. It is not trying 
to reverse the source selection. It is simply telling the Pentagon to 
test and fly the R&D aircraft before you buy production aircraft, so we 
don't have to go back and spend millions of dollars on already produced 
aircraft because the test results were not available in time to 
incorporate fixes into production aircraft. The Pentagon request to us 
would have us authorize procurement of 15 of the required 23 VXX 
aircraft before any testing has been done--likely resulting in 
expensive retrofits to production aircraft.
  Other legislation includes:
  Multiyear Procurement for UH-60 helicopters;
  Multiyear Procurement for the Apache helicopter Target Acquisition/
Pilot Night Vision Sensor;
  Multiyear Procurement for Apache Helicopter Block II conversion;
  A Requirement for an Acquisition Strategy for Tactical Wheeled 
Vehicle programs;
  A Requirement for Full and Open competition for the Objective 
Individual Combat Weapon;
  A Requirement for use of the Tactical Common Data Link by all 
services for tactical unmanned aerial vehicles;
  A Requirement for the Office of the Secretary of Defense to approve 
all new UAV programs;
  An annual Government Accountability Office review of the Future 
Combat Systems program;
  A Requirement to maintain the lethality and survivability requirement 
of the Non Line of Sight Cannon as established in the operational 
requirements document;
  A Requirement for an independent analysis of the FCS manned ground 
vehicle weight requirement; and
  A Requirement for a single, joint heavy lift rotorcraft program.
  In addition adjustments have been made to the following programs:
  The C-130J multiyear procurement is reinstated to the levels 
projected in the fiscal year 2005 budget, resulting in an authorization 
for 9 C-130Js and 4 KC-130Js, with advance procurement for those same 
quantities included for fiscal year 2007. [This program has been poorly 
managed by the Pentagon, but we need the tactical airlift that these 
aircraft will provide and termination costs were estimated to exceed 
the one year procurement value of these aircraft.]
  The Future Combat Systems' budget request is reduced by $400 million.
  The Joint Strike Fighter program is reduced by $150 million, the 
amount requested for advance procurement--again to require flying test 
aircraft before procuring production aircraft.
  The Heavy Lift Rotorcraft replacement program is restructured and 
combined with the Joint Heavy Lift rotorcraft program.
  The Global Hawk unmanned aerial vehicle program is reduced by $30 
million, as the requested amount is early to need.
  Mr. SKELTON. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman 
from Texas (Mr. Ortiz).
  Mr. ORTIZ. Mr. Chairman, I rise in support of this bill. I thank the 
gentleman from California (Chairman Hunter); my ranking member, the 
gentleman from Missouri (Mr. Skelton); and all the subcommittee 
chairmen and subcommittee members for their skill and leadership in 
addressing the military issues before us.
  This bill provides for the needs of our troops and their families. 
While we are at war, we must always see that they are given the 
equipment and supplies that they need to do the mission that we ask 
them to perform.
  Like many other things now, this bill is not perfect. In fact, there 
are a number of challenges still unaddressed by the bill, particularly 
relating to our retention and recruitment problems. The war in Iraq and 
the global war on Terror, coupled with the uncertainties of Base 
Realignment and Closure, the overseas base changing and the 
accompanying QDR, Quadrennial Defense Review, present many challenges 
to our readiness posture.
  As the ranking member of the Subcommittee on Readiness, I remain 
deeply concerned about the shortfalls in our recruiting and retention 
across the board. For example, in March, the Army missed its recruiting 
goal by 27 percent. We do need soldiers for our all-volunteer Army.
  Our Armed Forces have many, many pressing needs, including basic 
equipment, body armor, Humvee armor, other vehicles, tanks and more; 
and our troops are doing a great job. We need to continue to support 
them, to give what they need.
  Mr. HUNTER. Mr. Chairman, I yield 4 minutes to the gentleman from New 
Jersey (Mr. Saxton), the chairman of the Subcommittee on Terrorism, 
Unconventional Threats and Capabilities, and oversees those wonderful 
people in our Special Operations Command.
  Mr. SAXTON. Mr. Chairman, I thank the gentleman for yielding me time.
  Mr. Chairman, I rise in strong support of H.R. 1815, the National 
Defense Authorization Act for the next fiscal year. Last week, the 
Committee on Armed Services approved this bill by an overwhelming vote, 
as was noted by the gentleman from Pennsylvania (Mr. Weldon), 61 to 1. 
This demonstrates once again the committee's long tradition of 
bipartisanship in addressing the defense needs of our Nation.
  Mr. Chairman, I would like to commend the chairman and the ranking 
member for leading us through this process this year in a bipartisan 
basis.
  Mr. Chairman, the war on terror requires the determination of this 
Nation. This bill demonstrates that determination.
  The war on terror requires flexibility to be able to change to meet 
the threat. This bill demonstrates our ability to change to meet the 
threat.
  The war on terror requires the use of new technology, information 
technology, robotics, detection equipment. This bill demonstrates our 
ability to do that.
  The members of the Committee on Armed Services never forget that we 
are a Nation at war. Our young people in uniform face danger daily, 
while bringing peace and prosperity to benighted areas around the 
world. Moreover, they are taking the fight to the terrorists on their 
home ground, keeping the terrorists on the run and fearing for their 
very lives.
  The highest responsibility of those of us privileged to serve on the 
Committee on Armed Services is to do whatever we can to help our 
troops. We make the point of visiting the troops in the theater to 
better appreciate the conditions they live and operate under and the 
needs they have.

[[Page 11212]]

  My subcommittee and I have been diligent in that regard and have 
tried our best to include measures that help our soldiers. We have 
taken several actions in the bill that will provide the resources and 
direction to better protect our men and women who are selflessly 
serving in dangerous conditions overseas.
  We have not forgotten our valiant warriors in the Special Operations 
Command in particular. We have authorized funds for several items in 
the SOCOM commander's unfunded requirements list and have authorized 
additional funding that would provide some necessary operational 
flexibility for special operations forces on the ground.
  The bill provides increased funding to accelerate the development and 
fielding of advanced technologies that I mentioned earlier for emerging 
critical operational needs, including protection of our forces against 
improvised explosive devices and rocket and mortar attack and to 
provide real-time surveillance of suspected enemy activities.
  The bill also provides increased funding for combating terrorism 
technology support to accelerate the development and fielding of 
advanced technologies in the war on terror. We continue our successful 
initiative to develop chemical and biological defense countermeasures 
and start a new initiative for medical defensive countermeasures.
  The bill recommended by the committee recognizes that we remain a 
nation at war. The asymmetrical threat that I have warned of since the 
middle 1980s has indeed grown to be a worldwide menace. Our successes 
in meeting this new world threat are measured by our ability to evolve 
our warfighting strategies and tactics more quickly than the enemy. 
While we certainly have the initiative, we do not have a monopoly on 
all of the ideas. The enemy is clever, growing desperate and must be 
taken seriously by the people of our country. This bill will help our 
soldiers keep the enemy on the defensive.
  In closing, Mr. Chairman, I want to express my appreciation again to 
you and to the ranking member, as well as to the ranking member on our 
subcommittee, the gentleman from Massachusetts (Mr. Meehan), with whom 
I have worked closely over the years and particularly this year. This 
is an excellent bill, and I urge all Members to support it.
  Mr. SKELTON. Mr. Chairman, I yield 1 minute to the gentleman from 
Illinois (Mr. Evans).
  Mr. EVANS. Mr. Chairman, I rise in strong support of the fiscal year 
2006 Defense authorization bill. I believe it is a fair bill. I am 
pleased it has been handled in a bipartisan manner. It is a rare 
practice in this House, and I commend the gentleman from California 
(Chairman Hunter) for avoiding the politics of ``divide and conquer.''
  I want to take this opportunity to express my great disappointment 
with the BRAC process. Rock Island Arsenal in my district was 
negatively affected by these recommendations. After further research, 
it seems that there are numerous errors in the Secretary's 
recommendations. For example, the report recommends a shift of 181 
depot-level jobs in my district amounting to a savings of $13,000 over 
20 years. That is $13,000 over the current expenditure.
  BRAC also recommends the closing of DFAS and C-POC, which both are 
rated number one above their peers. This Secretary of Defense wants to 
close the number one C-POC and number one DFAS, knowing full well that 
only 20 percent of the civilian employees will follow such 
recommendation.
  I am very disappointed at these recommendations and will work to hard 
fight them. I will be voting for amendments that would scrap or delay 
the BRAC process.
  Furthermore, I am disappointed that the BRAC commissioners do not 
seem interested in meeting with community leaders during their visit to 
installations. This is completely unprecedented and I call upon my 
friend, Chairman Tony Principi, to request that commissioners meet with 
the local communities to discuss these recommendations.
  Finally, I would like to express my disappointment at the Rules 
Committee for being grossly unfair in preventing important Democratic 
amendments. They should be ashamed for their sheer partisanship on an 
issue that should not be Democratic or Republican and that is the 
defense of our Nation.
  Chairman Hunter and Ranking Member Skelton, I thank you and your 
staff for their hard work.
  Mr. HUNTER. Mr. Chairman, I yield such time as he may consume to the 
gentleman from Colorado (Mr. Hefley), who chairs the Subcommittee on 
Readiness and does a wonderful job making sure our men and women have 
the facilities that they need.
  Mr. HEFLEY. Mr. Chairman, I thank the chairman for yielding me time. 
The gentleman and our ranking member have done a wonderful job in 
pulling all of these committees together to make this thing work.
  The ranking member mentioned that this is a good bill. It is a good 
bill, and I will probably not belabor that point. But I am pleased to 
come to the floor today in support of H.R. 1815, the fiscal year 2006 
National Defense Authorization Act.
  The gentleman from Texas (Mr. Ortiz) and the subcommittee and I 
worked very closely together to examine the Department's funding for 
military readiness, which includes $108 billion in operation and 
maintenance funds, as well as another $12 billion for military 
construction, family housing, and base realignment and closure.
  The actions we took this year addressed the needs of our Armed 
Forces, both on the battlefield and on the home front. We looked at the 
readiness levels of our military units, the ability of the military 
services to maintain equipment in theater and to reset and reconstitute 
equipment that returns from war; and we confirmed what we already knew, 
war is expensive and funding is needed.
  This is why the bill contains a ``bridge fund,'' which is intended to 
provide the resources necessary up front to allow our military to 
continue to fight the war against terrorism. I believe this to be the 
proper approach and eventually one way to move away from the annual 
supplemental appropriations bills.
  On the home front, we examined funding for the upkeep and maintenance 
of military installations. While the readiness needs of our forward 
deployed military personnel are our top priority, we cannot forget the 
families at home, the servicemembers preparing for deployment, and the 
personnel just returning.
  The committee is well aware of the Department's long-standing 
practice of utilizing infrastructure budgets as billpayers for 
operational requirements. Unfortunately, the consequences of taking 
this approach are reductions to basic services such as child care, 
dining hall operations, or facility management activities. H.R. 1815 
will alleviate the Department's need to raid infrastructure budgets for 
operational needs and includes the tools we need to improve oversight 
of infrastructure accounts.
  On a final note, we are well aware that the Secretary of Defense 
recently sent over a list of bases that he is recommending to be closed 
or realigned. For the past several years, I have fought for a delay in 
the base closure process. I do not think this is the right time to do 
it. But, unfortunately, we win that battle in the committee, in the 
subcommittee, on the House floor, and then we lose it over in the 
conference because the other body and the President did not go along 
with our thinking on that. Now I think it is not a fun time, BRAC is 
never a fun time; but I think it is probably a little too late to get 
that process reversed.
  But we are going to get an opportunity to debate it today and get an 
opportunity to vote on it, and I would encourage all of us to not 
support that effort and to support the bill. It is a good bill.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Arkansas (Mr. Snyder).
  Mr. SNYDER. Mr. Chairman, I want to thank the gentleman from Missouri 
(Mr. Skelton), the gentleman from California (Chairman Hunter), and the 
gentleman from New York (Mr. McHugh), my subcommittee chairman, for the 
work they have done on this bill.

[[Page 11213]]

  I rise in support of this bill. There are a lot of good things in 
here, a 3.1 percent pay raise for the troops, which is \1/2\ percent 
over the employment cost index. The bill continues the efforts to 
eliminate out-of-pocket housing costs for servicemembers and their 
families and eliminates the two-tier housing allowance, or BAH-2, for 
Reservists and National Guardsmen who are called to duty for more than 
30 days and serve less than 140 days.
  The bill also has some issues to address health and dental readiness, 
which Members heard was a problem during the Reserve mobilization.
  I also want to thank the gentleman from New York (Mr. McHugh) for 
working with the gentlewoman from California (Ms. Loretta Sanchez) and 
others to include provisions that will update the UCMJ with regard to 
sexual assault crimes. These proposed changes will send a clear signal 
from Congress that this type of behavior is unacceptable.
  The bill also includes provisions that will speed up concurrent 
receipt payments for unemployables.
  I want to say a word about the women-in-combat issue. I am pleased 
that the amendment to be proposed by the gentleman from California 
(Chairman Hunter) here shortly today will eliminate the terrible 
language that is in the underlying bill, language that sends such a bad 
message to our women in uniform. But that language should never have 
been in the bill to begin with.
  This last Saturday we had a big homecoming ceremony for a lot of our 
troops coming back from Iraq that are in the National Guard. These are 
some of the troops that I met with, amongst others, some women that had 
served in Iraq.
  Some of the comments I heard from some of these women, they thought 
we were ``returning to the Stone Age,'' were one woman's words; ``an 
insult to the job that they had done in Iraq,'' was another woman's 
words. They alleged that we ``do not know what is going on in Iraq,'' 
was the words of another woman officer.
  The original subcommittee language was terrible. It would have 
impacted on tens of thousands of women. The language at the full 
committee level eliminated the bad subcommittee language, but it also 
was terrible.

                              {time}  1245

  We now have thousands of women in the military confused by these 3 
weeks of discussions, and I am pleased that the Hunter amendment today 
will eliminate it, but it should not have been in there to begin with.
  I support the bill.
  Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from New 
York (Mr. McHugh), who does such an able job of presiding over the 
Subcommittee on Military Personnel and who takes care of all of our 
folks in uniform, men and women, active, Guard, and Reserve.
  Mr. McHUGH. Mr. Chairman, I thank the distinguished chairman, the 
gentleman from California, for yielding me this time, and I give my 
compliments both to both him and the ranking member, the gentleman from 
Missouri (Mr. Skelton) for always working together to bring us a good 
bill.
  The gentleman from Arkansas (Mr. Snyder), my distinguished ranking 
member, pretty much gave my speech, except for perhaps the closing 
comments that he made, and I am looking forward later, at the 
appropriate time, to making some comments about the path that we 
traveled to get to the issue of women in combat.
  But without trying to be too redundant, Mr. Chairman, let me just say 
that the gentleman from Arkansas (Mr. Snyder) indeed spoke about the 
3.1 percent pay increase, and that reduces the gap in civilian and 
military pay from 5.1 to 4.6 percent. Importantly, this is the seventh 
year in a row that the subcommittee has recommended a pay raise that is 
larger than the level that is granted for private-sector pay raises.
  We also very importantly recommend continued growth in the Army and 
the Marine Corps end strength. The House has long advocated those kinds 
of increases. We supported increases of 10,300 in fiscal year 2003, 
6,200 in fiscal year 2004, and in fiscal year 2005, Congress authorized 
manpower increases of 20,000 in the Army and 3,000 in the Marine Corps.
  Under the bill today, we propose additional growth of 10,000 in the 
Army and 1,000 in the Marine Corps, and that would bring Army end 
strength to 512,400 and the Marine Corps to 179,000. I think this is 
critical to alleviating the stress on the operations and personnel 
tempo that has been so negative upon our troops.
  This bill also provides very important recruiting and retention and 
pay initiatives that increase the maximum amounts that may be paid for 
active duty enlistments from $20,000 to $30,000, and Reserve 
enlistments from $10,000 to $15,000, and active duty enlistments and 
reenlistments from $60,000 to $90,000.
  As the gentleman from Arkansas (Mr. Snyder) said, it would eliminate 
BAH II, which is an irritant within the Reserve component. With this 
mark, Reserve rates for the basic allowance for housing will be the 
same as active duty rates when Reservists are mobilized for more than 
30 days, and on and on and on.
  In essence, Mr. Chairman, this is a very, very good bill. It 
continues this House's very remarkable and, I think, very admirable 
record toward trying to respond to the efforts of those brave men and 
women, men and women who do such an amazingly incredible, fantastic job 
for us as they go about the hard work of defending freedom across this 
globe.
  Let me say, Mr. Chairman, I would urge all of our Members to support 
this initiative, and I look forward to its passage.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Massachusetts (Mr. Meehan).
  Mr. MEEHAN. Mr. Chairman, I rise today in support of the 2006 
National Defense Authorization Act. The bill contains many provisions 
to protect our troops and give them the services that they need.
  Although it is largely a product of the committee's bipartisan work, 
I am highly concerned by several aspects of the bill. I am extremely 
troubled by the new restriction against women serving in the military. 
While the committee-passed bill included far worse language, preventing 
women from serving in forward-deployed units, the current provision is 
also not worthy of the brave women who make up 15 percent of the active 
duty Army, 23 percent of the Army Reserve, and 13 percent of the Guard. 
And it dishonors the service of women soldiers who are fighting the 
global war on terror and hurts readiness at a time when our military is 
facing a recruitment and retention crisis.
  I am also deeply concerned that the Committee on Rules did not allow 
a vote on my amendment stating that it is United States policy not to 
have a permanent presence in Iraq. My amendment simply codified what 
the administration has been saying all along, that U.S. troops will 
stay in Iraq as long as necessary, but not 1 day more. It would have 
made clear and unambiguous statements that the United States does not 
intend to maintain a permanent presence.
  While this bill takes many small steps towards improving benefits for 
our Nation's servicemembers, it does not recognize the urgency in 
responding to the needs of a whole new generation of combat veterans.
  I introduced two amendments in committee to improve transition 
assistance services and preseparation counseling to separating 
servicemembers. These programs are critical to providing servicemembers 
with the tools they need to succeed in civilian life. As we prepare to 
take on thousands of new veterans who have served in Iraq and 
Afghanistan, many of whom have been critically injured and will need 
long-term support, we must expand these programs. The committee did a 
disservice to our troops when it failed to adopt these amendments.
  Finally, I am also troubled by the chairman's decision to ignore the 
views of his fellow committee members and strike bipartisan language. 
The committee recognized the need to extend TRICARE to nonactive-duty 
Reservists by adopting the Taylor amendment.

[[Page 11214]]

  Our chairman later struck the provision, and the Rules Committee has 
denied Mr. Taylor the opportunity to bring an amendment to the floor.
  I also want to extend a special word of thanks to Lauren Briggerman, 
my Military Legislative Aide, who is leaving my office in June to 
attend law school.
  In the nearly 2 years Lauren has been with my office, she has proven 
to be tremendously talented and dedicated.
  Lauren has contributed immeasurably to my work on the Armed Services 
Committee, particularly on Iraq exit strategies, repeal of the 
military's unjust ``don't ask, don't tell'' policy, transition 
assistance for returning veterans, weapons non-proliferation, and 
defense issues affecting Massachusetts.
  I wish her the best.
  I thank the ranking member for providing me time to speak on this 
bill.
  Mr. HUNTER. Mr. Chairman, I yield an additional 2 minutes to the 
gentleman from New York (Mr. McHugh).
  Mr. McHUGH. Mr. Chairman, let me just say with respect to what the 
gentleman from Arkansas (Mr. Snyder) said, never has so much been 
written and said about one issue in such a short period that has been 
so wrong, and I wanted to clarify the record.
  The amendment that was introduced, and the second amendment that the 
gentleman from Arkansas (Mr. Snyder) described as terrible and that the 
manager's amendment will replace, has been described as antiwoman, has 
been described as disruptive to current operations, and has been 
described as confusing to commanders.
  I just want to be clear, Mr. Chairman. The language that was inserted 
would not have resulted in one woman losing her job or risk being shut 
out from any position for which she was qualified or that was open to 
her, not one, not now, not at any time in the future, despite what some 
of the opponents have said.
  That was the entire intent, to make it clear for the first time in 
law that the women who are doing a fantastic job on behalf of the 
military could not be excluded from any job for which they are 
operating and were qualified at that moment, not from forward support 
companies, not from any other position which they had, just because the 
traditional, linear battlefield had changed.
  As to the confusion that some say occurred, let me just say to my 
friends in the military and to my friends who have questioned this 
amendment, and particularly my friends in the Army, does it not trouble 
you when you say that it would be confusing to your commanders when, 
for the first time ever, they are handed something that just embodies 
what you say is your policy? The policy that was developed and placed 
into that amendment, the military wrote and now you claim that you are 
following.
  Congress did not make that up. Politicians did not define it; the 
military did. Now you say it is confusing. I would ask my friends in 
the military particularly, when did you plan on making it clear?
  The amendment today will clarify matters even further. I fully 
support it. But I really think the characterizations that have been 
made against the text that is replacing it have been unfair and simply 
inaccurate as to what the position would be with respect to the 
honorable men and women in military uniform.
  Mr. SKELTON. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman 
from Maryland (Mr. Hoyer), the distinguished whip.
  Mr. HOYER. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  Mr. Chairman, I rise in support of this Defense Authorization Act 
because I believe it provides the critical items necessary for our 
forces arrayed in Afghanistan and Iraq and around the world. I also 
support the recognition of the pay necessities that confront our people 
and gives them a raise.
  In addition, it provides increases in enlistment bonuses obviously 
necessary, hazardous duty, and other special pay to improve recruiting 
and retention, and funding for a number of key modernization priorities 
that will ensure that our military remains the best-equipped fighting 
force in the world for decades to come.
  I believe many Democrats will vote for this legislation because we 
are committed to providing our troops with every resource necessary to 
succeed in Iraq and Afghanistan and anywhere else the call to defend 
freedom takes our men and women in the military.
  However, this measure is by no means perfect. First, I would say I 
was disturbed by the rule. I was particularly disturbed, Mr. Chairman, 
that the amendment offered by the gentleman from South Carolina (Mr. 
Spratt), one of the most substantive amendments that was offered, was 
not allowed by the Committee on Rules. I think it is a shame that we 
did not have a full debate on the Spratt amendment dealing with 
proliferation. In fact, Mr. Chairman, it highlights the Republican 
Party's inability to move past the threats of the Cold War to the 
threats posed by global terrorism and have a full debate on the 
ramifications of that.
  Specifically, this bill underfunds the Cooperative Threat Reduction 
program, which has helped to keep unsecured weapons of mass destruction 
in the former Soviet Union out of the hands of terrorists. This is the 
gravest threat that our Nation faces; yet, funding for the Cooperative 
Threat Reduction program barely keeps pace with inflation, even though 
the 9/11 Commission urged that it be expanded. At the very same time, 
this bill provides billions of dollars for a national missile system 
that moves forward the process of developing new nuclear weapons. 
Neither of these priorities helps to protect the American people from a 
future terrorist attack.
  As I said, Mr. Chairman, I will vote for this bill, but it is a shame 
that we will not have a fuller, effective debate on the grave policies 
that this bill deals with or fails to deal with.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Texas (Mr. Reyes).
  Mr. REYES. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  Mr. Chairman, as the ranking member of the Subcommittee on Strategic 
Forces, I rise today in strong support of this bill. The Subcommittee 
on Strategic Forces has jurisdiction over several of the most complex 
and contentious programs, which include ballistic missile defense and 
nuclear weapons.
  I want to recognize and I want to thank our subcommittee chairman, 
the gentleman from Alabama (Chairman Everett), my good friend, for his 
leadership and all the effort that he put into forging a bipartisan 
mark. I should tell my colleagues that we often do not see eye-to-eye 
on every single matter, but I am pleased to report that our 
subcommittee reached bipartisan accord on several major issues that are 
important to our Nation.
  In the short time that I have here this morning, I want to highlight 
two areas of bipartisan agreement: satellite programs and the 
Department of Energy's Reliable Replacement Warhead program.
  Mr. Chairman, H.R. 1815 restructures two high-profile satellite 
development programs, TSAT and Space Radar. Restructuring these 
programs was a bipartisan decision, an effort that I think will save 
both programs from experiencing cost overruns and schedule slips that 
have plagued them in the past.
  Turning to the Department of Energy, I am also pleased that we were 
able to set a reasonable, bipartisan objective for the Reliable 
Replacement Warhead program. The RRW program has the potential to 
significantly lower the number of weapons in the U.S. nuclear arsenal 
and to ensure that our Nation never resumes nuclear testing.
  Of course, as always, the devil is in the details. The mark contains 
a detailed reporting requirement on the RRW, and in truth, only when we 
receive the report will we likely know whether or not that program can 
live up to its full potential. Still, setting a bipartisan charter for 
this program and others in our subcommittee is a significant 
accomplishment of this mark.

                              {time}  1300

  With that, Mr. Chairman, time does not permit me to go into the other 
areas that are of concern to our great Nation, only to say that I urge 
all Members to support this bill. It is important to our Nation. It is 
important

[[Page 11215]]

to those that are in harm's way today keeping us free.
  Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from 
Maryland (Mr. Bartlett), the gentleman who chairs the Projection Forces 
Subcommittee.
  Mr. BARTLETT of Maryland. Mr. Chairman, before proceeding as chairman 
of the Subcommittee on Projection Forces, I believe it appropriate to 
underscore the magnificent service rendered the Nation by the men and 
women serving in our Armed Forces around the world who so steadfastly 
meet every challenge with true dedication and commitment. We thank each 
and every one of them for their service. And we thank all Americans, 
specifically the families of servicemembers, for their unwavering 
support of our servicemen and -women.
  History has repeatedly taught us that peace is only achieved through 
strength. We have sought to apply the lessons learned from the ongoing 
global operations to the committee markup of the National Defense 
Authorization Act for Fiscal Year 2006 in order to strengthen our Armed 
Forces.
  Oceans cover three-quarters of the Earth's surface. The vast majority 
of the world's population lives within a few miles of a sea coast. 
Seventy percent of our trade moves by sea. Thus, maintaining America's 
naval superiority is an imperative. I am pleased to report that the 
National Defense Authorization Act that we will consider initiates a 
program to infuse our shipyards with leading-edge manufacturing 
technology and management systems that reduce shipbuilding costs and to 
return our shipyards to global competitiveness.
  We have also taken steps to confront excessive shipbuilding cost 
growth by capping costs on specific ship types, recognizing that both 
the Navy and industry must work together to design and build affordable 
ships with adequate capability.
  Authorization for Department of Defense programs within the 
jurisdiction of the Projection Forces Subcommittee are increased by 
$2.3 billion above the budget request. $538 million of the additional 
authorization is for programs on the military service chiefs' unfunded 
requirements list.
  Authorization is included for two additional Arleigh Burke-class 
guided missile destroyers, an additional T-AKE ship, and to accelerate 
fielding of the new amphibious assault ship. This is three more ships 
than the budget requested. Also included is a recommendation to 
authorize a multi-year procurement for the C-17.
  We have also taken several initiatives to begin to address shortfalls 
in important requirements to the Department of Defense. These programs 
include:
  $418 million to accelerate the development of the amphibious assault 
ship replacement;
  $20 million to upgrade the fleet of B-2 bombers;
  $60 million to complete development and evaluation of the Affordable 
Weapon System, a low-cost cruise missile, and increased authorization 
for several procurement, research and development programs of the 
services.
  While there is much more to do, the National Defense Authorization 
Act of 2006 is an important step in making our country more secure. I 
urge all of my colleagues to support the bill.
  I would like to thank the gentleman from Mississippi (Mr. Taylor), 
ranking member of our subcommittee, for his extraordinary partnership, 
dedication, and support. I would like to thank all my colleagues on the 
subcommittee for their diligence, commitment, and hard work.
  I would like to also thank our chairman, the gentleman from 
California (Mr. Hunter), for his leadership, and our ranking member, 
the gentleman from Missouri (Mr. Skelton).
  In conclusion, I would like to recognize the contributions and thank 
the many staff members for their invaluable assistance in preparing 
H.R. 1815.
  Mr. HUNTER. Mr. Chairman, I want to thank the previous speaker.
  Mr. Chairman, I yield to the gentleman from California (Mr. McKeon) 
for a unanimous consent request.
  Mr. McKEON. Mr. Chairman, I rise in strong support of this 
legislation and commend the gentleman from California (Chairman Hunter) 
and the gentleman from Missouri (Mr. Skelton), the ranking member, for 
their leadership.
  I rise today in strong support of H.R. 1815, the National Defense 
Authorization Act.
  Mr. Chairman, our nation is entering its fifth year in the global war 
on terrorism. Since the tragic events of 9/11, thanks to the heroic 
efforts of our men and women of the armed services, the United States 
has had important victories around the world. Just in the past few 
months alone, we have witnessed democratically elected governments 
taking power in Iraq and Afghanistan, and we have captured some of al 
Qaeda's top leadership, including the third most senior member of that 
evil organization.
  Mr. Chairman, these outstanding developments will only carry forward 
if we provide our men and women of uniform with the tools and resources 
they need to do their jobs.
  This legislation includes the necessary funding to pay for our troops 
in Iraq and Afghanistan, whether it's for protective gear, clothing, 
fuel, parts, or maintenance of equipment. It also includes funding to 
take care of the families of our troops, who make so many sacrifices 
for our freedom.
  Mr. Chairman, this legislation will undoubtedly strengthen and 
enhance our military, and help us root our terror around the world. I 
applaud Chairman Duncan Hunter and ranking member Ike Skelton for their 
bipartisan work on this important bill and urge all of my colleagues to 
vote ``yes.''
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
Mississippi (Mr. Taylor).
  Mr. TAYLOR of Mississippi. Mr. Chairman, I first want to compliment 
my chairman, the gentleman from Maryland (Mr. Bartlett). I want to wish 
him a happy 79th birthday. Many more to come. And I think the gentleman 
set the proper tone by saying that everything we do is to support the 
troops.
  By and large, this is a very good bill. It could have been better if 
one amendment had stayed in. But by and large this is a very good bill. 
And I want to compliment the gentleman from Maryland (Mr. Bartlett) on 
taking what was dealt in the beginning of the year, a pretty bad hand, 
just asking for four ships, and through his good work, through our 
chairman's good work, through our ranking member's good work, we were 
able to add, as he said, 2 DDG-51s.
  And as far as the taxpayers are concerned, the last ships you get of 
any run are not only the best ships of that run, but also the most 
affordable because all of the learning that has gone into building the 
previous 50 ships go into these, and so these will be the most 
affordable, most technologically advanced of the DDG-51s.
  The first of the LHARs, the replacement for the LHAs, is in this 
bill. Again, that is very good news for the United States Marine Corps. 
This is an aviation variant of an existing hull. Again, the savings 
that we have learned from the first seven hulls will go into this one 
and make it an outstanding addition to the fleet.
  A T-AKE ammunition ship, in addition to the LCS, one Virginia-class 
submarine, one LPD-17 rounds out what started off to be a pretty bad 
Navy shipbuilding year and made it considerably better. So I do want to 
compliment our chairman on this.
  Also, I want to compliment the Air Force. You recall at the beginning 
of the year the Air Force was talking about canceling the C-130J 
program. That was a very bad mistake on the part of the Air Force. With 
this committee's prodding, a number of Members, the Air Force has 
reversed that decision. That is an excellent platform that will 
continue to be built and is very much needed by our forces. So let me 
compliment the men and women who serve our Nation.
  As I have said before, just today, four notices will be delivered in 
south Mississippi alone today on the lives of Guardsmen and Reservists 
who died just yesterday in Iraq. They deserve the very best. And I want 
to compliment this committee for bringing many of the platforms that 
they deserve to fruition.

[[Page 11216]]


  Mr. HUNTER. Mr. Chairman, I want to thank the gentleman who just 
spoke.
  Mr. Chairman, I yield 3 minutes to the gentleman from Alabama (Mr. 
Everett), the chairman of the Strategic Forces Subcommittee.
  Mr. EVERETT. Mr. Chairman, I thank the full committee chairman, the 
gentleman from California (Mr. Hunter), and our ranking member, the 
gentleman from Missouri (Mr. Skelton). And I would be remiss for not 
saying thank you to my ranking subcommittee chairman, the gentleman 
from Texas (Mr. Reyes), for the kind remarks that he has made. And 
without question, we do have some of the most complex and controversial 
issues in the mark. And I appreciate the hard work of all the members 
in trying to reach agreement on this. We did not always agree, but we 
did reach a bipartisan mark; and I again thank all the members and the 
hard work done by the staff.
  The subcommittee's portion of the bill makes some very hard decisions 
containing appropriate development of transformational capabilities 
while imposing reductions in certain areas where the technology is not 
yet mature.
  In the Missile Defense Agency, the bill before you adds $150 million 
for additional testing of the ground-based midcourse defense system.
  While we fund both the boost phase defense programs and the budget 
request, the bill does call for a cost-and-capability comparison 
between the Airborne Laser and Kinetic Energy Interceptor programs.
  In the area of military space, the bill addresses concerns with space 
acquisition programs. In particular, we slow the pace and provide 
direction on two programs: Transformational Satellite Communications, 
or TSAT; and the space radar program. The bill also calls for 
development of a strategy for space situation awareness, and takes 
steps to move forward with operational responsive space.
  Within Atomic Energy Defense Activities, the bill funds the 
Department of Energy programs at the budget request. The report 
includes minor reductions in direct stockpile work, while adding just 
under $50 million for badly needed infrastructure upgrades.
  The bill includes a provision that establishes the objectives for the 
Reliable Replacement Warhead program, a critical step towards ensuring 
our nuclear arsenal remains reliable, safe, and secure. The bill 
includes funding for penetrator study to explore all options for 
holding Hard and Deeply Buried Targets at risk. The bill also adds $122 
million for environmental cleanup activities at Hanford site in 
Washington State.
  Mr. Chairman, the committee's work addresses the administration's 
objectives on funding military requirements and military member 
priorities. I certainly urge all Members to support this mark.
  Mr. SKELTON. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman 
from Massachusetts (Mr. Markey).
  Mr. MARKEY. Mr. Chairman, I thank the gentleman from Missouri for 
this time. I made a request to the Rules Committee that we be able, on 
this House floor, to debate a very important issue, but permission was 
denied, even though this subject goes to the core of who we are as 
Americans.
  The issue is a concept called ``extraordinary rendition.'' That is a 
situation where the United States has a prisoner in its possession. We 
have him. We control that prisoner. And, yet, because we receive 
diplomatic assurances from another country, a country that does not 
abide by the convention against torture, we send the prisoner to that 
country. Now, these are just not ordinary countries that we send these 
prisoners too. These are countries like Syria; these are countries like 
Uzbekistan.
  The United States, in other words, has captured someone. We believe 
that they are a terrorist. We believe that they are a threat to our 
country. We have them in our own possession. By receiving these 
diplomatic assurances, we send these prisoners to other countries, 
knowing that there is a high likelihood that these people will be 
tortured. If Syria, for example, a country that Secretary Rice says we 
cannot trust, says that they will not torture someone who we have sent 
to them, can we really trust them?
  Just this week, Syria broke off all relations with the United States 
military and the CIA. What does this mean for the diplomatic assurances 
that we received from Syria? Did we really need these additional 
lessons to know that they do not abide by the convention against 
torture?
  Just this week in the New York Times there was a story about a case 
in which hooded operatives, in the middle of the night, took two 
Swedish prisoners to Egypt in a CIA-operated Gulfstream. Here is what 
the story said: one agent quickly slit their clothes with a pair of 
scissors. Another agent checked the suspects' hair, mouth and lips, 
while a third agent took photographs from behind. As prisoners stood 
there, naked and motionless, they were zipped into gray track suits and 
their heads were covered with hoods. The suspects were then marched in 
chains to the plane where they were strapped to mattresses on the floor 
of the cabin.
  The two Egyptians later told lawyers, relatives, and Swedish 
diplomats that they were subjected to electric shocks and other forms 
of torture.
  This is wrong. We should have had a vote here on the floor of 
Congress on this practice to prohibit it. And I regret that we will 
not. And I think it is a great deficiency in the debate we are having 
over the conduct of the war.
  Mr. HUNTER. Mr. Chairman, how much time do we have?
  The Acting CHAIRMAN (Mr. Boozman). The gentleman from California has 
1\1/2\ minutes.
  Mr. HUNTER. Mr. Chairman, I reserve the balance of my time.
  Mr. SKELTON. Mr. Chairman, I yield 2\1/2\ minutes to the gentlewoman 
from California (Ms. Loretta Sanchez).
  Ms. LORETTA SANCHEZ of California. Mr. Chairman, I rise today to 
speak about our Nation's military space programs. But first I would 
like to offer my sincere thanks to the gentleman from California 
(Chairman Hunter) and to the gentleman from Missouri (Mr. Skelton), the 
ranking member, and particularly the gentleman from New York (Chairman 
McHugh) and the gentleman from Arkansas (Mr. Snyder), ranking member of 
the HASC Military Personnel Subcommittee, for their hard work and 
support on another issue, that of revising the sexual assault statute 
in the Uniform Code of Military Justice, the UCMJ, language included in 
this bill adopting a modern complete sexual assault statute that 
protects victims, empowers commanders and prosecutors, and improves the 
good order and the discipline of the Armed Forces. It offers military 
prosecutors a clear definition of sexual assault and refined tools for 
effectively prosecuting sexual offenses. It also affords increased 
protection for victims by emphasizing acts of the perpetrator rather 
than the reaction of the victim during the assault.
  As I said several months ago, we are at a critical juncture in 
dealing with sexual assault in the military. And I am thrilled to see 
that Congress is taking a major step to help with these problems in the 
military.

                              {time}  1315

  Mr. Chairman, I would like to discuss our Nation's military space 
program. Last year, I offered an amendment in committee regarding the 
Near-Field Infrared Experiment, or what we know as NFIRE. NFIRE would 
have fired a kill vehicle from its host satellite at an incoming 
intercontinental-range ballistic missile. The Missile Defense Agency 
would have tried to narrowly avoid a collision only through split-
second timing, but admitted there was a nontrivial chance of intercept.
  I objected to the use of a kill vehicle flying from a host satellite 
because it basically would have been a de facto test of space 
interceptor technology. I felt strongly then, and I still do today, 
that we should have a coherent policy in place before we start 
conducting tests of weapons in space. Congress needs to be an active 
participant in the shaping of that policy.
  I am pleased that the Missile Defense Agency decided against 
including a kill

[[Page 11217]]

vehicle on the NFIRE satellite, and I appreciate their reconsideration 
of the NFIRE test.
  I draw the NFIRE matter to the attention of this body because I think 
MDA's reconsideration was at least partly due to the recognition that 
this Nation needs to have a space policy in place prior to making 
decisions about testing or placing weapons in space.
  Mr. SKELTON. Mr. Chairman, I yield 3 minutes to the gentlewoman from 
Georgia (Ms. McKinney).
  Ms. McKINNEY. Mr. Chairman, I thank the gentleman for yielding me 
time.
  Mr. Chairman, where do I begin? I rise to oppose this bill for all 
that it represents about an America that has lost its way.
  The snows are melting on Mount Kilimanjaro. Polar ice caps are 
contracting. In Africa, wars stoked by the United States contribute to 
the deaths of millions. Millions more die from hunger and disease. More 
Americans than ever do not have health insurance. Joblessness in some 
areas is at an all-time high. And this Congress is cutting Medicaid.
  You might hear some talk up here about deficit spending, but there is 
precious little about the deficit so obvious as our values.
  Dr. King told us that we all live in a world house, that we have the 
resources and the know-how to provide everyone everywhere with the 
basic necessities of life and that we must learn to live together as 
brothers or perish together as fools.
  He reminded us that there is no deficit in human resources, but a 
deficit in human will. Nowhere is that more evident than in this half-
trillion authorization for more fraud, waste, abuse and war.
  At some point, Mr. Chairman, we ought to have a serious talk in this 
body about peace. The American people have been blunted with the 
horrors of hate and just like we rejected the outrageous behavior of 
Southern demagogues during the Civil Rights era, the American people 
reject the outrageous behavior at our detention centers like Abu 
Ghraib. But such is the collateral damage of war.
  Today, courageous young men and women who joined the military to get 
a college education and not to go to war are taking a stand in their 
own way to reject war and hate. I urge my colleagues to find a new way 
and to do it today.
  Mr. HUNTER. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman 
from New Mexico (Mrs. Wilson) who worked very hard on putting together 
the compromise amendment on women in combat.
  Mrs. WILSON of New Mexico. Mr. Chairman, I appreciate the opportunity 
to speak.
  We will have a manager's amendments later on this afternoon that will 
strike the language limiting the assignment of women in the military. I 
believe that those provisions were unnecessary and unhelpful, and I 
appreciate the willingness of the chairman to remove them from the 
bill.
  I also wanted to thank the gentleman from Missouri (Mr. Skelton) and 
the gentleman from Arkansas (Mr. Snyder) and the gentleman from 
Illinois (Mr. Shimkus), the leadership and the staffs of the various 
committees in their efforts to craft an alternative that I think is 
worthy of support.
  It strikes all of the language with respect to the women on 
assignment in the military, and increases from 30 days to 60 days the 
amount of time that the Defense Department would have to give us notice 
that they are changing policy. That seems, to me, to be the appropriate 
thing to do.
  In the history of this country, there has never been a law limiting 
the assignment of women in the Army, and we will not do so this year. 
Throughout the history of this country, 2 million women have served in 
the uniform of this country. Every single one of them has been a 
volunteer. We thank them for their service and we honor them today.
  The Acting CHAIRMAN (Mr. Boozman). The gentleman from California's 
(Mr. Hunter) time has expired.
  Mr. SKELTON. Mr. Chairman, I yield 30 seconds to the gentlewoman from 
Virginia (Mrs. Drake).
  Mrs. DRAKE. Mr. Chairman, I certainly would like to thank the 
gentleman from California (Mr. Hunter) and the gentleman from Missouri 
(Mr. Skelton) for their leadership on this amendment.
  I think the important issue before us today is that if women were to 
serve in direct ground combat positions, if that be the decision of the 
Congress, then I think the amendment before us today does that.
  The important thing to remember is that this amendment, as was just 
explained, will provide a 60-day notice, time so Congress can act as 
necessary. It also provides for a report to Congress by the end of 
March of 2006. No women will lose their positions, nor would that be 
acceptable.
  Mr. SKELTON. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, in reference to the gentlewoman from New Mexico's (Mrs. 
Wilson) remarks, the women in the military issue is past. There were 
some trying moments, there were two amendments, one quite onerous and 
the other just onerous. I thank the gentlewoman.
  I thank the gentleman from Arkansas (Mr. Snyder), I thank the 
gentleman from Illinois (Mr. Shimkus), for their work, along with the 
chairman and the gentlewoman from Virginia (Mrs. Drake) for gluing 
together a piece of legislation that replaces the onerous language.
  Mr. Chairman, we have a remarkable military. History will prove that 
we have the finest young men and young women who are in uniform ever. 
As it was pointed out a few moments ago, they are all volunteers. They 
are all dedicated. They understand duties. They understand service. 
They understand professionalism.
  And today when we pass this bill, and I know the gentleman from 
California (Mr. Hunter) joins me, we hope this will be a tribute to 
them and their hard work, their dedication and their patriotism. For 
without them, without the young men and women who wear the uniform of 
all the services today, our country would not be safe and secure.
  Mr. Chairman, I admire and appreciate those who serve in our military 
today.
  Mr. Chairman, I yield back the balance of my time.
  Mr. HUNTER. Mr. Chairman, I ask unanimous consent to yield for the 
purpose of making a unanimous consent request to the gentleman from 
South Carolina (Mr. Wilson).
  The Acting CHAIRMAN (Mr. Bass). Is there objection to the request of 
the gentleman from California?
  There was no objection.
  Mr. WILSON of South Carolina. Mr. Speaker, I support the National 
Defense Authorization Act.
  Mr. Chairman, as our troops continue to risk their lives to defend 
our country, Congress is acting today to ensure that these brave men 
and women have the necessary training and equipment to win the war on 
terror.
  As a father of three sons who are currently serving in the military, 
I am personally invested in the war on terror and the safety of our 
troops. In February, my son Alan returned after serving for one year in 
Iraq. I am proud of his Army National Guard service, and I am dedicated 
to ensuring a safe return for all of the brave soldiers who selflessly 
serve in the United States Armed Forces.
  Today, I am honored to vote for the National Defense Authorization 
Act, legislation that will ensure American troops receive the best 
equipment, weapons systems, training, and support.
  During my visits to both Iraq and Afghanistan, I have seen firsthand 
the challenges facing our soldiers. H.R. 1815 addresses these 
challenges by authorizing additional funding for force protection, 
including up-armored Humvees, tactical wheeled vehicle programs, night 
vision devices, and improvised explosive device jammers.
  As our soldiers continue to sacrifice their lives for our freedom, 
they should be able to provide for their families. By including a 3.1% 
pay raise for members of the Armed Forces, and increasing the maximum 
amount of hardship pay, this legislation rewards the tremendous 
sacrifices of our soldiers.
  Finally, H.R. 1815 contains several measures that will provide for 
military families who have lost ones in the war on terror. It 
permanently increases the death gratuity to $100,000, and also extends 
the amount of time dependents of deceased service members can stay in 
housing or receive housing

[[Page 11218]]

allowances. Although we can never fully compensate for the sacrifices 
of our soldiers, these measures will help express our heartfelt 
appreciation to military families.
  The terrorists fighting against us are a cowardly and brutal enemy, 
inspired by hatred and evil. Their agenda of evil will fail against the 
thousands of men and women of the United States Armed Forces who serve 
a greater cause of freedom.
  I would like to thank Chairman Hunter and other members of the House 
Armed Services Committee for their leadership and continued efforts to 
provide for the men and women of the United States Armed Forces.
  In conclusion, God bless our troops and we will never forget 
September 11.
  Ms. BORDALLO. Mr. Chairman, I rise in support of the Department of 
Defense Authorization Act for Fiscal Year 2006. This bill provides $441 
billion in budget authority for the Department of Defense, as well as 
an additional $49 billion funding bridge for Fiscal Year 2006 costs 
associated with Operation Iraqi Freedom and Operation Enduring Freedom. 
Overall I am pleased with the funding authorization level and the major 
initiatives outlined in this bill, though I do harbor reservations over 
several more minor provisions which I believe should be more thoroughly 
reviewed in conference. However, after working diligently with my 
colleagues on the Armed Services Committee, I am confident that we have 
produced a Defense Authorization bill that will support the mission of 
our men and women in uniform who are currently deployed in Iraq and 
Afghanistan and provide adequate direction for our armed forces to meet 
future challenges.
  One issue that I hope will be revisited in conference is that of 
allowing members of the National Guard and Reserves to access health 
benefits under the military's TRICARE program. Despite bi-partisan 
support for extending this benefit to National Guardsmen and 
Reservists, this provision was stripped from the Defense Authorization 
bill without the full consent of members of the Armed Services 
Committee due to a budget technicality. My colleague, Congressman Gene 
Taylor of Mississippi, had hoped to offer an amendment to the Defense 
Authorization bill to restore this provision. Unfortunately, however, 
the House Rules Committee did not make his amendment in order for 
consideration, therefore House members were deprived of the opportunity 
to vote to restore this important initiative.
  It is important that we recognize the hardship encountered by 
National Guardsmen and Reservists when they are called up for duty. In 
addition to placing their lives in the line of fire and separating 
themselves from their families for extended periods of time, these 
individuals must bear additional personal financial costs. One way to 
recognize their courage and sacrifice and to mitigate against the 
economic hardships that they must endure is to allow these men and 
women to enroll in TRICARE. TRICARE offers high quality coverage at a 
reasonable cost to members of the armed forces and their families. 
Allowing National Guardsmen and Reservists to enroll in TRICARE would 
serve as an additional incentive and help strengthen morale.
  At a time when the military is facing unprecedented difficulties 
insofar as personnel recruitment and retention, it is important that we 
do everything we can to demonstrate to our men and women of the 
National Guard and Reserves that we recognize their sacrifice and the 
hardship that they and their families endure. National Guardsmen and 
Reservists have played a vital and integral role as soldiers on the 
front lines of Operation Iraqi Freedom and Operation Enduring Freedom. 
National Guardsmen and Reservists have been required to extend their 
tours of duty in Iraq and Afghanistan to a point where their level of 
involvement in this conflict is virtually indistinguishable from that 
of active duty members of the armed services. It is also clear that 
their efforts will be required indefinitely.
  We must take this opportunity to recognize the heroic efforts and the 
vital role played by our National Guardsmen and Reservists in securing 
freedom for the people of Iraq and Afghanistan. We must also recognize 
the evolving nature of the role of National Guardsmen and Reservists 
and how much our armed services now depend upon their service, a trend 
that one can only assume will continue in the future. These men and 
women have labored well beyond traditional tours of duty in order to 
help maintain security for the new democracies. They are soldiers and 
they deserve to be treated as such. I hope that conferees will revisit 
this bi-partisan proposal and that it will ultimately be included in 
the final version of the Defense Authorization Act.
  Mr. HOLDEN. Mr. Chairman, I rise today in support of the Defense 
Authorization Act for Fiscal Year 2006. I am pleased Chairman Hunter 
and Ranking Member Skelton were agreeable in adding my legislation to 
create the Combat Medevac Badge in the bill. I would also like to thank 
Congressman Geoff Davis for his support in offering my legislation as 
an amendment during mark-up.
  Two years ago I was approached by the Vietnam Veterans of America 
Chapter 542 in Central Pennsylvania, who told me great stories of 
heroism performed by DUSTOFF pilots and crews during the Vietnam War. 
But despite their heroic acts, the Vietnam Veterans of America 
continued to struggle to establish a combat badge in honor of these 
brave pilots and medics.
  Upon my meeting with the Vietnam Veterans of America Chapter 542, I 
introduced legislation to establish the Combat Medevac Badge to 
recognize these Medevac pilots and crews. Simply stated, my legislation 
would make any person who served in combat as a pilot or crewmember of 
a Medevac unit beginning June 25, 1950 eligible for the Combat Medevac 
Badge.
  Current law provides for two honor recognitions, the Combat Medical 
Badge and the Combat Infantryman Badge. The basic eligibility standards 
for both of these awards were crafted during World War II, a time 
before helicopters entered the field of battle for rescue and medical 
evacuation purposes.
  Non-Medevac pilots and co-pilots, who flew aircraft during the Korean 
War, and every war since then, have long been recognized with a Combat 
Badge. However, because of an omission in the statute, Medevac crews 
that operate rescue helicopters have never been eligible for the same 
recognition.
  Last week, this omission was corrected during the Defense 
Authorization mark-up, when Congressman Davis offered an amendment to 
establish the Combat Medevac Badge, which was passed en bloc. I commend 
Congressman Davis for taking the lead in committee and bringing this 
long overdue award one step closer to fruition.
  Mr. Chairman, I would again like to commend Chairman Hunter, Ranking 
Member Skelton, and Congressman Davis for their leadership in bringing 
forth this very good bill and including the establishment of the Combat 
Medevac Badge. I would also like to thank my colleague from 
Pennsylvania, Joe Pitts, for all of his assistance and hard work. 
Lastly, I would like to recognize John Travers and Mike McLaughlin of 
the Vietnam Veterans of America Chapter 542 for brining this to my 
attention and for all of their time and dedication to the effort.
  Medevac pilots and crews have performed heroically during times of 
military conflict. This long overdue award will acknowledge their 
service to our country.
  Mr. FARR. Mr. Chairman, I rise to express my support for two 
amendments to H.R. 1815, the Department of Defense Authorization Bill, 
which are critical to improving the health and welfare of our 
servicewomen at home and overseas. The Slaughter amendment would 
authorize funding for the DOD to provide better care to military 
victims of sexual assault. The Davis amendment would allow servicewomen 
overseas to use their own funds to obtain a safe abortion in military 
hospitals. I urge my colleagues to support both of these amendments.
  Incidents of sexual assault in the military are unfortunately all too 
common and, despite this fact, DOD does not currently provide adequate 
training in evidence gathering and preservation for first responders to 
sexual assaults. In addition, many military healthcare providers are 
not familiar with the gathering and processing of rape kits and some 
facilities are not even equipped with rape kits. It is unacceptable 
that DOD has not provided more comprehensive resources for dealing with 
the problem of sexual assault in the military. The Slaughter amendment 
would authorize $25 million annually for training and resources for the 
DOD to improve the response to incidents of sexual assault. The 
amendment would also require the Secretary of Defense to develop a plan 
to enhance accessibility and availability of supplies, trained 
personnel, and transportation resources in response to sexual assaults 
occurring in deployed units.
  In light of DOD's inability to protect servicewomen from sexual 
assault, and to provide comprehensive health care after a sexual 
assault, it is even more important that we support the Davis amendment 
to ensure that servicewomen stationed overseas could receive a safe 
abortion, paid for with their own private funds, in a military 
hospital. Currently, servicewomen and female military dependents are 
prohibited from using their own funds for abortions at overseas 
military hospitals. Military women should be able to depend on their 
base hospitals for all their health care services, but instead they are 
forced to compromise their medical privacy and wait for space on a 
military transport, or to seek an

[[Page 11219]]

abortion in a foreign hospital. It is unacceptable to endanger the 
health of our servicewomen by denying them safe and timely medical 
care. This amendment would not require the government to pay for 
abortions, and it would not force medical providers to perform 
abortions, but it would allow military women and military dependents 
stationed overseas to exercise the reproductive rights they are 
entitled to as Americans.
  American servicewomen dedicate themselves to defending our 
constitutional rights and civil liberties; they should not have to 
worry about receiving inadequate healthcare for sexual assault, or 
sacrificing their constitutional rights and civil liberties simply 
because they have chosen to serve their country. I urge my colleagues 
to support both the Slaughter amendment and the Davis amendment.
  Mr. PRICE of North Carolina. Mr. Chairman, I rise today in support of 
the Defense Authorization Bill. I want to specifically express my 
support for the ``Contractors on the Battlefield'' section of the bill, 
which takes a number of positive steps toward improving federal 
oversight of contractors providing security services in war zones.
  Several major incidents last year brought to light the problems and 
dangers inherent in the federal government's use of security 
contractors, including the Abu Ghraib scandal and the brutal murder of 
four Blackwater contractors in Fallujah.
  A year ago, more than 100 members of Congress joined me in writing to 
the GAO to request an investigation into the use of security 
contractors in combat zones. Last month, GAO confirmed many of our 
fears, releasing a report that found substantial confusion surrounding 
these contracts and how they fit into larger military operations.
  I have been working with Congressmen Spratt, Waxman, Cramer, and 
Snyder--and with the various security contractor groups--to develop 
legislation that would address these problems and help rationalize the 
security contracting system.
  Last month, we introduced a bill based on those efforts, the 
Transparency and Accountability in Security Contracting Act, and we 
have been working with the Armed Services Committee to incorporate the 
major elements of our bill into the Defense Reauthorization legislation 
we are considering today. I am grateful for the support that 
Representatives Hunter and Skelton have provided in addressing these 
issues.
  There were some items in our bill that I would have preferred be 
included in the measure now before us, but I understand there are some 
jurisdictional issues that would have complicated that. Nevertheless, 
the provisions that are part of the Defense Authorization bill are a 
solid first step, and I am pleased with this bipartisan accomplishment.
  To date, the federal government has had no precise estimate of the 
number of armed contractors working in Iraq and, as a result, the 
Defense Department has had no systematic way to communicate with them, 
putting both contractors and troops at risk.
  The Defense Authorization bill would address that problem by 
requiring DoD contractors to provide information on their personnel who 
carry weapons, including the exact location where they are working. 
They would also be required to certify that those personnel have 
received the necessary training to do their jobs safely and 
effectively.
  The bill also would require combat commanders to establish protocols 
to improve communication between military personnel and contractor 
personnel. And it would require the Pentagon to establish guidelines 
for contractors as to the type of weapons they may use and the amount 
of training required to use them.
  These provisions would help keep our troops and contractors safe, and 
they should improve the effectiveness of contractors in Iraq and other 
areas of conflict. And after two years of being in the dark, this bill 
would also provide us with the information we need to provide 
appropriate oversight of contractors in war zones. I urge my colleagues 
to support this bill.
  Mr. CROWLEY. Mr. Chairman, I rise today to speak in support of the 
Defense Authorization bill. I would like to commend the distinguished 
Chairman of the Armed Services Committee Duncan Hunter and his 
counterpart Ike Skelton, a man who I greatly respect, for crafting a 
bipartisan bill.
  While this is not a perfect bill, in today's environment on Capitol 
Hill it is a testament to both of these men and their staff that they 
are able to work so well together to put a bill forward that so many of 
us can support. I would also like to thank the Rules Committee for 
making my amendment in order for debate today.
  My amendment is a Sense of Congress honoring the diversity of the men 
and women who have given their lives in defense of our country. 
Diversity is an essential part of the strength of the Armed Forces, in 
which members having different ethnic backgrounds and faiths share the 
same goal of defending the cause of freedom, democracy, and liberty. 
These brave men and women who come from such diverse backgrounds are 
one of the best foreign policy tools we have.
  When we have a broad mosaic of the diversity of our country all 
working together, like African Americans, Arab Americans, Asian 
Americans, Hindu Americans, Jewish Americans, Latino Americans, Muslim 
Americans, and Sikh Americans all working together fighting for the 
same cause, it says something to the rest of the world.
  I know a lot about diversity because I have the privilege of 
representing one of the most diverse Congressional districts and I'm 
proud to say that my constituents are members of the Armed Forces and 
unfortunately, several have lost their lives fighting to defend the 
cause of freedom, democracy, and liberty.
  As the former co-chair of the Caucus on India and Indian Americans, I 
read with interest about a young Sikh American, Specialist Uday Singh, 
who died fighting in Iraq. He was the first Sikh to die in combat 
operations during Operation Iraqi Freedom. As I read on, it told the 
story of how Specialist Singh joined the military--Singh joined because 
he believed in what the United States represents and felt the strong 
desire to fight for the freedoms we have here. I would like to commend 
the family of this young man for his sacrifice for our freedom.
  I also represent a large Latino community and have had the privilege 
of meeting with the Latino members of the Armed Forces. They've told me 
stories about what made them join, whether it was to defend the cause 
of freedom, democracy, and liberty or to make a better life for 
themselves through the military, regardless of the reasons their 
actions are commendable.
  A constituent of mine, Sergeant Christian Engeldrum was killed during 
service in Iraq. This patriot was a Firefighter in New York City and 
was one of the first people to raise an American flag over Ground Zero 
after September 11, 2001. The events he witnessed that horrible day 
spurred him to re-enlist into the Army to fight for our nation overseas 
and ensure our protection here at home. While he left his pregnant wife 
and two growing sons behind, he volunteered so they could live in a 
safer country, and a better world. Tragically, on November 30, he paid 
the ultimate price for his love of family and country when a roadside 
bomb exploded near his convoy outside of Baghdad.
  Sergeant Engeldrum was the fIrst New York City firefighter to die in 
service to his nation in Iraq. My heart and sincerest condolences go 
out to his family and all the other families who have lost loved ones, 
but we also need to focus our attention on those who have lost their 
lives but also the ones who have come back with injuries and 
unexplained ailments.
  I also have some veterans who are still struggling with the effects 
of serving in the military, both mentally and physically. One such 
veteran had gone undiagnosed and recently had a child born with birth 
defects. The military doesn't know why this happened but I believe it 
had to do with the large amount of depleted uranium found in his body. 
I would like to thank the committee for including language in the bill 
for the Department of Defense which addresses and acknowledges the 
widespread problem of exposure to depleted uranium by military 
personnel.
  The language, which I authored, was in honor of my constituent Gerard 
Mathew and his family. This language will require the Department of 
Defense to rework its strategy regarding depleted uranium, require the 
Department of Defense to update their testing methodology to the most 
modern standards and provide testing to all who request it and provide 
better protections and coverage for members of the military.
  This language is an important issue that all the members of our Armed 
Forces face and I want to thank the Committee for their willingness to 
address this concern. No piece of legislation is perfect but I would 
like to commend the chairman and the ranking member and their 
incredible staff for working hard to craft such a bipartisan bill that 
I hope many of the members of this House will support.
  Mr. TIBERI. Mr. Chairman, I rise in support of the National Defense 
Authorization Act, and the inclusion of my language that extends hiring 
preferences for federal jobs to more veterans.
  I want to thank armed services Chairman Duncan Hunter for including 
this language in his manager's amendment. Chairman Hunter's concern for 
our men and women in uniform is second to none.

[[Page 11220]]

  Currently, only veterans who have spent 30 consecutive days in a 
combat area are eligible for federal hiring preference.
  Thousands of regular military, reserve and national guard forces who 
have served in the war on terror, both in this country and abroad, 
don't qualify because they don't meet the 30 day standard.
  That's wrong. They've sacrificed and faced the same hardships. They 
deserve the same benefits.
  My language extends the hiring preference to any honorably discharged 
vet who has spent 180 days on active duty in the war on terror. This is 
very similar to language approved by Congress for veterans of the gulf 
war.
  This problem was brought to my attention by reservists in my 
district. On their behalf, and on behalf of all our veterans, I want to 
thank Chairman Hunter and my colleagues in the House for accepting my 
language.
  Mr. UDALL of Colorado. Mr. Chairman, I rise in support of this bill. 
It is deficient in many ways, but it includes critical provisions that 
I think are necessary. So I will vote for it.
  As a new Member of the Armed Services Committee, I am grateful to 
Chairman Hunter for working with me on a number of provisions in the 
bill that are important to me and my state of Colorado.
  The bill incorporates an amendment I offered to reauthorize for one 
year the Welcome Home Warrior and Freedom Salute programs for the Army 
Reserve and Army and Air National Guard. Both programs are first and 
foremost recruiting and retention programs. They help reintroduce 
returning soldiers to civilian life and honor them with gifts of flags, 
lapel pins and other items honoring their service. Especially given the 
amount of strain our citizen soldiers are under, it's all the more 
important that we take the time to let them know how much their service 
and sacrifices mean to their communities and to the nation.
  The bill also includes language directing the Secretary of the Army 
to evaluate the type of aircraft available in the Army's inventory that 
can replace aging equipment currently in use at High-Altitude Aviation 
Training Site (HAATS) in Eagle, CO. HAATS, which is operated by the 
Colorado Army National Guard, is the primary site for training military 
pilots on operations in hostile and high-altitude environments under 
all weather conditions. The training that is done at HAATS is essential 
to reduce the number of accidents our forces have recently experienced 
when operating in high mountainous areas, such as Afghanistan and 
Northern Iraq. But the training site currently uses aircraft that are 
being phased out this year, and no replacement aircraft have been 
programmed. So I'm glad that the Chairman has pledged to work with me 
to help HAATS continue to provide its important training.
  I was pleased that the bill includes favorable language on the Pueblo 
Chemical Depot, a former chemical weapons site located in southeastern 
Colorado. Coloradans were alarmed last year when the demilitarization 
project was put on hold, so they want to see that DoD is committed to 
using the neutralization technology to destroy the 2,600 tons of 
mustard agent stored at Pueblo--not transporting the weapons to a 
different site for destruction. The Colorado delegation has worked hard 
to put the project back on the right track, so I am grateful for 
language in the bill directing the Secretary of the Army to continue to 
implement fully the neutralization technology at Pueblo.
  I also want to call attention to language that would transfer program 
responsibility from the Under Secretary of Defense for Acquisition, 
Technology, and Logistics to the Secretary of the Army. I understand 
that objection to this transfer in the past was due to the preference 
of the Program Manager for Chemical Destruction under the Department of 
the Army for baseline incineration. Now that DoD is committed to the 
neutralization approach, and given the numerous GAO reports and 
testimony to Congress stating that effective management of the chemical 
demilitarization program has been hindered by the complexity of its 
management structure, it appears to make sense to pursue the transfer. 
Still, I've asked the Chairman to follow this move closely to ensure 
that this proposed change in oversight of the project doesn't change 
the path forward for the development of the neutralization technology.
  Finally, I'm pleased that the bill includes $6.4 million for the Air 
National Guard Station at Greeley for the Space Warning Squadron 
Support Facility as well as $5.5 million for the Network Information 
and Space Security Center (NISSC) at the University of Colorado at 
Colorado Springs. These funds will enable Colorado's Air National Guard 
to replace its outdated facility and allow NISSC to expand its programs 
and services through a multidisciplinary homeland security lab 
environment.
  There are also many broad provisions in the bill that benefit our 
troops. An important one increases the active duty Army and Marine 
Corps by 10,000 and 1,000 respectively, thereby helping to ease the 
strain on our troops. I'm also glad that the bill includes provisions 
to increase recruiting and retention incentives, increase the death 
gratuity to $100,000, and provide a 3.1 percent pay raise for members 
of the armed forces. The bill also provides better force protection for 
our troops, including nearly doubled funding for up-armored Humvees.
  Also important--especially at this time of budget tightening--is the 
bill's focus on reining in costs of major procurement programs, 
particularly the Future Combat Systems and other programs that have 
relied on immature technology.
  On a less positive note, I am concerned that the bill authorizes 
nearly $50 billion in a ``bridge fund''--over and above the $440 
billion in the regular bill--for FY06 supplemental appropriations for 
the wars in Iraq and Afghanistan and the global war on terror. While 
inclusion in the bill does mean that the authorizing process has been 
followed to an extent, still, the additional money in this bridge fund 
should be included in the regular budget request, since there is 
nothing unexpected about the need for these funds. The ``emergency'' 
label that these funds bear hides the fact that they do increase the 
size of the budget deficit. I don't believe this is a responsible way 
for us to pay for our military operations.
  I'm also disappointed that the leadership and the Rules Committee did 
not provide for adequate debate on issues of importance to the nation 
and to the prosecution of the war in Iraq and Afghanistan.
  Last week the Armed Services Committee voted for Representative 
Taylor's amendment to provide TRICARE to all Reservists on a permanent 
basis. But Chairman Hunter took the language out due to budget 
constraints, and the Rules Committee refused to make Mr. Taylor's 
amendment in order. I agree with my colleague Representative Taylor 
that as long as our nation continues to use our reserve components in 
the same capacities as active duty troops, they deserve similar 
benefits for similar service. The needs of our Reservists will continue 
to grow as we continue to call them to service in the war in Iraq and 
Afghanistan. But the Republicans put off this decision on TRICARE to 
another day.
  The Rules Committee also precluded debate on Representative Spratt's 
amendment to increase spending on nonproliferation programs. As Mr. 
Spratt pointed out, we are currently spending less on the cooperative 
threat reduction program than we did before September 11th. President 
Bush agreed with Senator Kerry in one of the presidential debates that 
the biggest danger we face is the threat of nuclear weapons and other 
weapons of mass destruction in the hands of terrorists. Yet this bill 
doesn't provide funding for our nonproliferation programs commensurate 
with this threat.
  I am disappointed that debate was not allowed on Representative 
Tauscher's excellent amendment on sharing reports on detainee treatment 
with Congress or on an amendment I offered with my colleague 
Representative Beauprez to help former nuclear weapons workers in 
Colorado who are suffering from cancer and other conditions related to 
their exposure to radiation and other hazards.
  I'm very relieved that the majority saw fit to scale back for the 
second time language that was first proposed two weeks ago in the 
Personnel Subcommittee on which I serve. That language would have 
removed women from Army combat support and combat service support units 
in which they currently serve, a move that would have affected many 
thousands of women in Iraq and Afghanistan.
  Last week's amendment watered down the initial language, codifying 
the status quo with regard to positions women currently hold in the 
military. Along with my colleagues in the Armed Services Committee, I 
objected to this revised language because it would take flexibility 
away from our commanders who need to make their own decisions about 
battlefield needs. So last week's amendment meant that if one of the 
services wanted to expand or change positions open to women, this could 
only be done through a change in the law. Ranking Member Skelton said 
it best: ``By limiting women to only those jobs they perform today, it 
will be more difficult for commanders to adapt their forces to the 
changing needs of current operations around the world.''
  Given the current difficulties our military is facing with 
recruitment and retention, it doesn't make sense to tie the hands of 
our commanders, discourage women from joining the armed forces, or 
create confusion among our troops. So I'm glad that Chairman Hunter 
revised his language yet again in the manager's

[[Page 11221]]

amendment today. This final provision requires the Defense Department 
to provide more detailed reporting if the services want to expand the 
role of women, and establishes a longer waiting period following notice 
to Congress before those changes can go into effect.
  Finally, I want to discuss an amendment brought to the floor by our 
colleague from California, Ms. Woolsey.
  This is an annual authorization bill, but its provisions will have 
lasting effects beyond the next fiscal year. So, I sympathized with 
those who supported the amendment calling for the Administration to 
tell us how they intend to complete the work we have undertaken to do 
in Iraq. But, after careful consideration, I decided that I could not 
support the Woolsey amendment.
  That does not mean I am confident that the Administration has a clear 
blueprint--in fact, just the opposite. I opposed the resolution 
authorizing the use of force in Iraq because I thought other 
alternatives had not been exhausted. And events since then have made 
clear that while the Administration planned for invasion, they lacked a 
plan for what would follow.
  But just as rushing into Iraq was a mistake, rushing to get out would 
also be a mistake. Ms. Woolsey's amendment may be helpful in sending an 
important signal to the Muslim world that America has no desire to stay 
in Iraq, but it fails to address the necessary linkage between an exit 
strategy and security. Moreover, I am persuaded that this is not the 
moment for Congress to cast what the insurgents predictably would 
describe as a vote of no confidence in our efforts to assist the new 
Iraqi government to draft a constitution and to develop the police and 
military forces needed to maintain order so that the Iraqi people can 
decide in free and fair elections whether to ratify that document.
  Mr. Chairman, this is not a perfect bill. And the process under which 
it was debated was not all that it should have been. But, overall, the 
bill deserves to pass and I urge its approval.
  Mr. BLUMENAUER. Mr. Chairman, I voted against this bill because, at 
its core, it gives too much money to the wrong people to do the wrong 
things, while missing out on important priorities for the safety and 
wellbeing of our troops and our nation. This budget provides $3.4 
billion--$170 million more than the President's request--for an 
untested and unproven national missile defense system and continues to 
fund the unnecessary FA/22 Raptor and the C-130J cargo plane, which 
even Secretary of Defense Donald Rumsfeld has tried to kill. At a time 
when we are at war, the United States can hardly afford to waste 
billions of our defense dollars on programs that don't work or address 
the new threats we face.
  I'm disappointed that an amendment I intended to offer was not 
allowed to be debated, which would have delayed the 2005 BRAC round 
until the Pentagon had a strategy, including expected funding, to 
cleanup the bases closed in the 1988 BRAC round. At the same time, in 
addition to missing the opportunity to deal with issues of unexploded 
ordnance and environmental cleanup at BRAC sites, this bill doesn't 
include TRICARE for our reservists or address the threat of nuclear 
proliferation by sufficiently funding the Nunn-Lugar Cooperative Threat 
Reduction program, as recommended by the 9/11 Commission.
  A glaring omission is the lack of any meaningful provisions dealing 
with torture and prison abuse by our country. The failure to hold 
anyone up the chain of command responsible for documented gross 
violations of human rights is appalling. Placing the blame entirely on 
a few low-level enlisted personnel is shameful. It sends the wrong 
message to our fighting forces and to the rest of the world, with 
dangerous consequences for the United States.
  I opposed the War in Iraq from the beginning because this 
administration had inadequate preparation for the war and never had a 
plan for winning the peace. Nothing in this bill solves this most 
pressing problem for our troops. We still lack a plan to win the peace 
in Iraq.
  Mr. LANGEVIN. Mr. Chairman, I rise in support of H.R. 1815, and thank 
Chairman Hunter and Ranking Member Skelton for their hard work. This 
bill supports our men and women serving in the armed forces and make-
investments to keep our military strong in the future.
  H.R. 1815 is committed to a strong Navy through shipbuilding 
increases. With cost controls and investments in our industrial base, 
we can ensure that our future navy will be robust, innovative and 
effective. I am pleased that the bill directs the Navy to begin design 
work on a next-generation submarine that will incorporate emerging 
technologies. Currently our Navy has no plans for the submarine to 
follow the Virginia-class, which threatens to cause our design and 
engineering base to disappear. If we lose design capability, we will do 
irreparable harm to our shipbuilding industry. Given certain nations' 
investments in their navy and undersea capabilities, I appreciate the 
commitment in this bill to guaranteeing our nation's undersea 
dominance.
  However, I am concerned by the recommended cuts to DD(X), the Navy's 
future destroyer that will serve as the model for our naval surface 
combatant transformation. DD(X) is the cornerstone of our future fleet, 
and I fear that the cuts in this bill could endanger the project. I 
look forward to working with my colleagues to address any existing 
concerns with DD(X) and to continue this program.
  This bill also contains important language to ensure that civilian 
employees at the Department of Defense do not lose their jobs to 
private contractors without first having the opportunity to compete for 
the work. It closes loopholes that have permitted DOD to outsource work 
without proving that the private sector can do it more cost-
effectively. Finally, it expresses the sense of Congress that civilian 
employees should have the same rights as private contractors during 
contract competitions. I thank the chairman of the Readiness 
Subcommittee, Mr. Hefley, for working with me to craft the language and 
Chairman Hunter for his commitment to defend our provisions.
  Furthermore, the committee report encourages the President to update 
the National Security Strategy so that we incorporate all instruments 
of national power into a comprehensive approach to security. We need a 
vision of national security that complements our military might with 
enhanced soft power capabilities such as communications and diplomacy, 
economic cooperation and foreign aid, cultural exchanges, and 
investments in educational disciplines such as science, engineering and 
foreign language skills. Joseph Nye, the former dean of the Kennedy 
School of Government and Assistant Secretary of Defense for 
International Security Affairs, has written extensively about the need 
to supplement our military might with efforts to win the world's hearts 
and minds with our values and culture. As the 9/11 Commission so 
eloquently put it: ``If the U.S. does not act aggressively to define 
itself [. . .], the extremists will gladly do the job for us.'' I thank 
the committee leadership for addressing my concerns in this area.
  Again, I commend the Chairman Hunter, Ranking Member Skelton and my 
colleagues on the committee for a well-balanced bill, and I urge its 
adoption.
  Ms. BALDWIN. Mr. Chairman, I rise in opposition to H.R. 1815, the 
Defense Authorization Act for Fiscal Year 2006. This legislation 
reflects misplaced priorities, wrong choices, excessive spending, and a 
failure to make hard choices. This bill also fails to assert any 
meaningful Congressional oversight over the war in Iraq which has been 
mismanaged from the very beginning.
  Passage of this bill today will set our annual defense spending in 
Fiscal Year 2006 at $490.7 billion, including additional funding for 
the war in Iraq. This will account for 55 percent of all discretionary 
spending. In real terms, it will be 20 percent higher than the average 
defense budget during the Cold War. We will spend just shy of a million 
dollars a minute, 24 hours a day, for all 365 days next year.
  Mr. Chairman, in the past, I have supported many defense 
authorization and defense appropriations bills. As a Member of this 
House, I take extremely seriously my oath of office that obligates me 
to provide for the protection of the American people. Providing for our 
common defense is critical, but like other federal government programs, 
we are bound to ensure that each dollar that we spend is necessary and 
used wisely.
  Not only will this be a record defense budget, it will also be nearly 
as large as every other country in the world combined. Let me repeat 
that, this defense budget will nearly equal all other military spending 
in the world, including nations that are our allies and nations that 
are potential adversaries. According to estimates by the Center for 
Arms Control and Nonproliferation, all nations except for the United 
States are spending a total of $527 billion. This includes our NATO 
allies like Britain at $49 billion and France at $40 billion, and Japan 
at $45 billion. Our spending dwarfs those of countries that are 
considered possible threats to our security: Iran at $3.5 billion, 
North Korea at $5.5 billion, Syria at $1.6 billion, and Sudan at $500 
million.
  We have already appropriated approximately $250 billion for the wars 
in Iraq and Afghanistan since 2003. The day after we passed our latest 
FY 2005 supplemental, the Administration signaled that we should expect

[[Page 11222]]

another supplemental request in the $50 billion range. It is clear that 
the Administration has no idea what the costs of the Iraq operations 
will be or is withholding that information from the Congress and the 
American people.
  In March 2003, before the war began, I wrote to the President with 22 
of our colleagues to ask him to specifically define our objectives and 
to provide an exit strategy. We asked the President a number of 
questions including: ``Under what circumstances will our military 
occupation of (and financial commitment to) Iraq end? And how will we 
know when these circumstances are present.'' We, and the American 
people, never received an answer to these crucial questions. Even 
today, the Administration is unwilling or unable to answer. This is 
simply unacceptable.
  Time and again, the President has requested money to fund the war in 
Iraq while refusing to answer our questions about this war and provide 
a comprehensive strategy for bringing our troops home. We must insist 
that the administration articulate the conditions necessary to bring 
our troops home, and push them to do that as soon as possible. The 
administration's refusal to address these is quite astounding to me and 
should be of great concern to all Americans who believe in principles 
of accountability and checks and balances.
  It is absolutely essential that President Bush formulate an exit 
strategy. This strategy must specify our objectives clearly, benchmarks 
to measure our success, or lack of success, and a realistic time line 
for withdrawing our troops. I know that many argue that a timeline for 
withdrawal would encourage insurgents to ``run out the clock.'' I 
disagree. A timeline would establish deadlines for us and the Iraqis to 
achieve our objectives. It gives us deadlines with which to hold 
ourselves accountable. For example, we set a date for elections, and 
despite the violence, we were successful in holding them on time.
  My colleague from California, Lynn Woolsey, offered an amendment 
today to ask the President to develop a plan for withdrawing U.S. 
forces from Iraq. This amendment did not set a date for withdrawal, nor 
did it require that any plan developed by the President have a fixed 
timeline for withdrawal. It simply said that the President should put 
together a plan and share it with Congress and the American people. 
Yet, the House leadership only allocated 30 minutes for this crucial 
debate.
  This legislation fails to make tough choices about our military 
priorities. I support transformation of our armed forces into a more 
mobile, flexible force that can take on a wide variety of missions, 
from combat to peacekeeping, from hurricane relief to securing weapons 
of mass destruction. Our country cannot afford to maintain our current 
Cold War structure and legacy weapons systems while fully transforming 
into the modern force we need in this century. Yet this bill fails to 
make the tough choices and instead tries to fund both. And it fails to 
fully succeed at either.
  I want to focus on some of the weapons systems we are funding in this 
bill.
  Since 1983, we have spent $100 billion on missile defense. President 
Bush decided to move forward with deployment of a system that has been 
inadequately tested. As the Government Accountability Office (GAO) 
noted last year, the system is ``largely unproven.'' The GAO went on to 
state that tests so far have been ``repetitive and scripted'' and that 
``decision makers in the Defense Department and Congress do not have a 
full understanding of the overall cost of developing and fielding the 
Ballistic Missile System and what the system's true capabilities will 
be.'' Each year we put more and more resources into this unproven 
technology that does not address the most likely threats from weapons 
of mass destruction. Is a nuclear weapon likely to arrive on an 
intercontinental ballistic missile? Homeland security experts don't 
believe so. Moving forward with another $7.9 billion this year and 
plans for at least $50 billion more in coming years does not make 
military or fiscal sense.
  I am pleased that the committee report on this bill raises serious 
questions about the future of the Future Combat System (FCS) program. 
The GAO found in March 2005 that ``the FCS program faces significant 
challenges in setting requirements, developing systems, financing 
development, and managing the effort.'' Let me quote from the report:

       The FCS has demonstrated a level of knowledge far below 
     that suggested by best practices or DOD policy. Nearly 2 
     years after program launch and about $4.6 billion invested to 
     date, requirements are not firm and only 1 of over 50 
     technologies are mature--activities that should have been 
     done before the start of system development and 
     demonstration.
       If everything goes as planned, the program will attain the 
     level of knowledge in 2008 that it should have had before it 
     started in 2003. But things are not going as planned. 
     Progress in critical areas, such as the network, software, 
     and requirements has been slower than planned. Proceeding 
     with such low levels of knowledge makes it likely that FCS 
     will encounter problems late in development, when they are 
     costly to correct. The relatively immature state of program 
     knowledge at this point provides an insufficient basis for 
     making a good cost estimate.

  Despite the clear concern of the committee expressed in the committee 
report, FCS is funded at $3.4 billion, only $400 million less than the 
President's request.
  The F/A-22 Raptor is the most expensive fighter ever built. 
Originally budgeted at $96 billion for 648 planes, it is now going to 
cost us $68 billion for 178 planes. Because of changing capabilities, 
the planes are now estimated to cost $258 million each, five times the 
cost of the F-15 and F-16 that they are replacing. This year, we are 
going to spend $3.8 billion for 24 planes while spending another $480 
million for research and development. We have a plane that is way over 
budget and whose mission is unclear. The answer to this dilemma is to 
end the program, not spend more.
  In December, the Defense Department proposed cutting the C-130J cargo 
plane, which would have saved $30 billion over the next five years. 
This made a lot of sense since the plane cannot complete its intended 
mission. Most of the planes have design flaws that prevent them from 
dropping paratroopers or heavy equipment. The chief weapons inspector 
at the Pentagon reported that it is ``neither operationally effective 
nor operationally suitable.'' Unfortunately, DOD has backed off 
cancellation and this bill will authorize more than $1 billion for 
procurement in FY 2006.
  I do want to mention some positive features of this legislation. I am 
pleased that it contains a 3.1 percent increase in military pay. Our 
men and women in uniform deserve our admiration and respect for their 
dedication and commitment. They have demonstrated again and again their 
professionalism when faced with incredibly difficult challenges. They 
truly are the best in the world. This legislation contains improvements 
to benefits and facilities that will help members of our armed forces 
and their families. It also increases hazardous duty pay, raises the 
caps on enlistment and reenlistment bonuses, and enhances the TRICARE 
Reserve Select Program (TRS). I support those provisions.
  I was disappointed that expanded eligibility for TRICARE for our 
guard and reserve that the committee added to the bill was dropped by 
Chairman Hunter. This bill should also have included full concurrent 
receipt and ended taxation of survivor benefits.
  This bill fails to make the tough choices necessary to transform our 
military force for the 21st Century. This bill fails to account for the 
real costs of war in Iraq and fails to press the President to put 
together a realistic exit strategy. I therefore must vote against this 
legislation.
  Mr. SALAZAR. Mr. Chairman, I rise today in support of H.R. 1815, the 
Defense Authorization Act for Fiscal Year 2006. I commend the Committee 
for their hard work in crafting this bill. I do wish to express my 
concern over a certain section of the bill that directly impacts a 
facility in my district.
  Since 1997, the Assembled Chemical Weapons Alternatives (ACWA) 
program has overseen the development of new technologies for the 
destruction of chemical weapons at the Pueblo Chemical Depot in my 
congressional district and the Blue Grass Army Depot in Lexington, 
Kentucky. The ACWA program has been highly successful and construction 
activities are now set to commence in the very near future. Congress 
intentionally gave oversight authority to the Under Secretary of 
Defense for Acquisition, Technology, and Logistics in an effort to 
develop alternative destruction techniques from the incineration 
process that existed at the time. This year's Defense Authorization 
gives that authority to the Secretary of the Army.
  In a letter dated May 2, 2005, my colleague Mr. Chandler of Kentucky, 
and I asked Under Secretary Mike Wynne to answer several questions 
about a change of authority of this nature. I still look forward to 
Under Secretary Wynne's response. The ACWA program's success has been 
due to the unique interaction between the Federal, State and local 
government representatives, regulators and the community; I encourage 
the Secretary of the Army to foster these relationships and ensure that 
a transparent and open decision making process remains intact. I also 
urge the Secretary of the Army to make this transition in a way that 
does not negatively affect the program timelines at either facility or 
increase the cost of completing this important work.
  Mr. Chairman, we are already at risk of not meeting our treaty 
obligations laid forth in the Chemical Weapons Convention. I fear that 
if

[[Page 11223]]

an inefficient and closed organizational structure is established for 
the two ACWA facilities, the progress we have already made will be 
lost. This Congress must expect and ensure efficiency in the effort to 
destroy our chemical weapons stockpiles.
  Mrs. MALONEY. Mr. Chairman, I rise today in support of H.R. 1815, the 
``National Defense Authorization Act for Fiscal Year 2006.'' I am 
pleased that the bill includes provisions to provide retirement credit 
to the members of the National guard serving on State duty who 
responded to the 9/11 attacks in New York and at the Pentagon. I along 
with my friend and colleague, Representative King, and other members of 
the New York delegation, have introduced legislation, H.R. 2499, which 
would accomplish the same goal, and I am thankful that the Committee 
has worked with us to correct this inequity.
  In the aftermath of 9/11, the National Guard responded to the call of 
duty heroically. While others were moving toward safety, the guard 
moved into unknown dangers around Ground Zero. They did not know if 
another attack was coming, but they did not hesitate to respond. All 
they did was their selfless duty.
  They secured lower Manhattan, they protected against a possible 
second attack, and they stood up for our Nation, knowing their lives 
may be in danger. For almost a year after 9/11, these National Guard 
heroes streamlined the movement of rescue personnel during the critical 
first phases of the response and they endured the toxic air conditions 
of Ground Zero with thousands of responders.
  What we face now is a question of fairness. Last year, I visited the 
units of the Manhattan based 69th National Guard Regiment--known as the 
Fighting 69th--just days before they were to leave for Iraq. I asked if 
there was anything I could do on their behalf. And the had only one 
request. It was to seek fair federal retirement credit for their 9/11 
service to the country.
  We, in Congress, now have a chance to express the Nation's gratitude 
to these soldiers, not just through words of praise but through action.
  The problem is a simple one: The national Guard units that served in 
the disaster zones of New York after 9/11 are not receiving Federal 
retirement credit, while the National Guard units that protected 
Federal sites like West Point are receiving Federal retirement credit. 
We all agree that protecting Federal sites was an important duty after 
9/11, and that soldiers who served in that capacity deserve Federal 
retirement credit. But those who risked their lives at Ground Zero, in 
the most dangerous conditions anywhere in the country, deserve the same 
fair treatment.
  Right now, many of the same soldiers who protected New York after 9/
11 from the Fighting 69th are serving courageously in Iraq. Sixteen 
members of the Manhattan-based 69th National Guard Regiment have died 
in the Iraq war--8 in the past year. In April, 6 members of the 69th 
were Awarded Purple Hearts after being wounded in Iraq from roadside 
bombs. We can honor the service of our National Guard, by providing 
them with fair Federal retirement credit for their 9/11 service.
  I would like to thank Chairman Hunter, Ranking Member Skelton, 
Representative Snyder, and especially Representative McHugh, who were 
so instrumental in this process, and I commend them for their 
commitment to the men and women serving this country all over the 
world. I also would like to acknowledge both the majority and minority 
staff of the committee for their assistance.
  The terrorist attacks of September 11, 2001, were an unprecedented 
event in American history. The provisions included in this bill will 
show our gratitude to the brave men and women who responded on that day 
by giving them the retirement benefits to which they are entitled.
  Mr. WAXMAN. Mr. Chairman, under the current Administration, waste, 
fraud, and abuse in federal contracts have proliferated. No-bid 
contracts have soared. Oversight of federal contracts has often been 
turned over to private companies with blatant conflicts of interest. 
Billions of dollars have been squandered on contracts that enrich 
private companies but provide little or no benefit to the taxpayer.
  Yesterday, at the Rules Committee, I offered an amendment to the 
Defense Authorization Bill to help restore integrity to the federal 
contracting process. The amendment would have prohibited contractor 
conflicts of interest and stop the use of abusive ``monopoly 
contracts.'' It would have also ensured greater transparency and 
accountability. I am deeply disappointed that the Rules Committee 
refused to make the amendment in order and allow an open debate on this 
important issue on the House floor.
  This Administration now relies on oversight contractors with 
conflicts of interest. In March 2004, the Defense Department awarded 
seven contracts to help oversee the implementation of a larger number 
of Iraqi reconstruction contracts. One of the oversight contractors, 
CH2M Hill, has ongoing domestic contractual relationships with three of 
the four firms it oversees: Washington Group International, Fluor, and 
AMEC.
  My amendment would have ensured that oversight contractors are truly 
independent, without any business or contractual relationships with the 
companies whose contracts they are helping to assess.
  My amendment would have prohibited the abusive practice of monopoly 
contracts, requiring the Administration to use contract vehicles that 
allow multiple contractors to compete for individual projects. That way 
we could have some competition between the companies at the project 
level--and competition is the best way to control costs.
  Finally Mr. Chairman, my amendment would have required the Department 
to submit to appropriate congressional committees a list of all audits 
that find more than $1 million in contractor overcharges, and to 
provide full copies of specific audits requested by the chairmen and 
ranking members of those committees. In this way, the amendment would 
have enhanced the ability of Congress to discover contractor abuses and 
promoting greater transparency.
  Unfortunately, the current Administration has tried to hide 
contractor overcharges from Congress, international auditors, and the 
public, impeding oversight and diminishing accountability.
  For example, for months the Defense Department refused to provide 
copies of audits completed by the Defense Contract Audit Agency 
relating to Halliburton's oilfield reconstruction work in Iraq. Slowly, 
we gained access to these reports through unofficial channels. The 
first report showed overcharges of more than $100 million. We now have 
six of these audits, and the overcharges exceed $212 million. To this 
day, we have still not received the remaining audits under this 
contract.
  By refusing to allow a debate on the common sense changes proposed by 
my amendment, the Republican leadership in Congress is trying to bury 
these serious problems as well.
  I will vote for this bill. I support our troops and this bill will 
enhance the safety of our men and women in uniform and improve their 
quality of life. But I am deeply concerned that Congress is not doing 
nearly enough to stop wasteful and unethical contracting practices.
  Ms. DeLAURO. Mr. Chairman, I rise in support of this legislation. I 
am especially pleased that the amendment I will offer later today has 
been accepted. I will support this bill because it contains several 
important provisions that are good for our troops, good for our 
national security, and good for Connecticut's economy.
  Every Member of this body understands our troops represent the very 
best of America. The bill authorizes additional funding for equipment 
so desperately needed by troops serving in Iraq and those fighting the 
war on terror in Afghanistan and elsewhere--up-armored Humvees, 
tactical wheeled vehicle recapitalization and I modernization programs, 
night vision devices and improvised explosive device (IED) jammers. The 
bill also provides our troops with a 3.1 percent pay raise for members 
of the armed forces and increases bonuses for active duty enlistments, 
reserve enlistments and active duty re-enlistments. Each of these 
measures is necessary to stem the decline in recruiting and retention 
among our Armed Forces.
  This legislation also makes good on our obligations to provide for 
the families of those who make the ultimate sacrifice for their 
country. It increases the death gratuity to $100,000, allows dependents 
of deceased servicemem-
bers to continue receiving housing benfits for one year, and expands 
travel authorizations for families of hospitalized servicemembers. This 
is the right thing to do, and I strongly support these provisions.
  The bill also contains an important provision requested by myself and 
several of my colleagues regarding the Marine One helicopter program. 
It ensures that the Navy will not procure the helicopter until it can 
certify that its design is essentially complete. In doing so, this 
provision ensures this program does not waste taxpayer dollars in the 
rush to field the President's helicopter.
  Unfortunately, there are other provisions in this bill that I believe 
are not in the best interests of the American people or our national 
security.
  First, over the objections of the Joint Chiefs of Staff, it restricts 
the role of women in combat. Congress ought to charge the military with 
the responsibility to move people into jobs and positions based on 
merit. But excluding women from combat effectively creates two classes 
of servicemember, which is both bad

[[Page 11224]]

for morale and may ultimately limit the ability of women to receive 
promotions in the future. Regrettably, the military already suffers 
from a case of not having enough women in senior positions, and this 
bill threatens to make that problem worse, not better.
  And this bill misses two real opportunities to make a tangible 
difference in the lives of the men and women of our Armed Services and 
their families. Firstly, it does nothing to expand the availability of 
health care to members of the Reserves and their families, even though 
there are more than 100,000 Reservists and National Guardsmen currently 
on the front lines of Iraq, Afghanistan and around the world.
  And incredibly, this bill does nothing about the military families 
tax and the disabled veterans tax. At a time when Congress has repealed 
the tax on inherited wealth--the estate tax--it is unconscionable that 
we would continue to tax those who have become disabled in service to 
their country and the survivors benefits of those killed in combat. To 
my mind, that is the real ``death tax,'' Mr. Speaker--taxing the 
families of those whose loved ones gave their lives and their 
livelihoods to this great country of ours. They deserve better.
  Of course, the alternative to the bill is delay. And we cannot afford 
to put off the much-deserved pay raise for our troops in this bill or 
the purchase of new equipment that they so desperately need. Because we 
have an obligation to act now, I support the bill. But it is my hope 
that Congress will address these important issues--and soon.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise today with grave 
concerns in regard to the deficiencies of this National Defense 
Authorization Act. It is truly unfortunate that the brave men and women 
of our Armed Forces are fighting around the world while the Department 
of Defense is in the current state it is in. Leadership must be 
accountable for the actions of the Armed Forces; the unfortunate events 
taking place in Iraq have caused our Nation irreparable harm.
  I am most outraged by the fact that there will be no consideration of 
the Taylor amendment on TRICARE for reservists, the Salazar amendment 
on ending the Military Families Tax, and the Marshall amendment on 
ending the Disabled Veterans Tax. These amendments are three key 
provisions in the GI Bill of Rights for the 21st Century, which House 
Democrats unveiled in March. It seems blatant, that the Rules Committee 
would not allow the full body to consider these vital amendments which 
could have greatly strengthened this Defense Authorization.
  H.R. 1815 authorizes $441.6 billion, slightly less than the 
President's request and the total provided for by the budget resolution 
for FY 2005. The total is $21 billion, 5 percent more than the current 
regular authorized and appropriated level. This does not even include 
the $75.9 billion in FY 2005 emergency supplemental defense funds 
appropriated last month for operations in Iraq. In addition, this 
measure also authorizes an additional $49.1 billion in expectation of 
another supplemental budget request for the war in Iraq later this 
year. This brings the bill's authorization total to $490.7 billion.
  This measure continues the spending by providing $79.1 billion for 
weapons procurement, a full $1.1 billion more than the president's 
request; $69.5 billion for research and development, another $113 
million more than the request; $124.3 billion for operations and 
maintenance, $2.6 billion less than the president's request; $108.8 
billion for personnel, slightly less than requested; $12.2 billion for 
military construction and family housing; and $17 billion for weapons-
related and environmental-cleanup activities of the Energy Department.
  If Congress provides the full amount in the FY 2006 budget 
resolution--including the $50 billion in emergency spending for 
operations in Iraq and Afghanistan--defense spending in FY 2006 will 
total about 55 percent of the entire federal discretionary budget. The 
percentage could rise even higher if more than $50 billion is provided 
for operations in Iraq later this year. If the administration's request 
is approved, overall defense spending, in real terms, would be more 
than 20 percent higher than the average Cold war budget.
  The sad truth is that when compared to other nations around the 
world, you quickly realize that our military spending is not about 
defense needs as much as it is about overkill. The nearly $500 billion 
expected to be provided for defense this year--assuming another 
supplemental--is only slightly less than the $527 billion estimated by 
the Center for Arms Control and Nonproliferation as currently being 
spent by other nations combined, including China ($56 billion), France 
($40 billion), Great Britain ($49 billion) and Japan ($45 billion). 
Furthermore, when comparing U.S. defense spending to those countries 
determined by the Defense Department as most likely to threaten the 
United States, the difference is even greater. Such rogue states, 
including Iran (which spent $3.5 billion), North Korea ($5.5 billion), 
Syria ($1.6 billion), Cuba ($1.2 billion) and Sudan ($500 million). 
Clearly, we are not only the world's leader in military spending, but 
now we are determined to lap the field many times over.
  It's just disgraceful that many so-called advocates of fiscal 
responsibility talk about discretionary spending for federal programs 
when they represent only a tiny sliver of spending compared to our 
military spending. While we continue to allocate funds for this costly 
war, our federal debt continues to soar and that debt continues to be 
owned by foreign nations. We are now borrowing $1 trillion every 20 
months and the federal debt will soon exceed $8 trillion. The Japanese 
own more than $800 billion of that debt, the People's Republic of China 
more than $250 billion and all our foreign debt continues to explode.
  It is truly unfortunate that this Defense Authorization continues 
this Administration's policy of having misplaced priorities. Instead of 
directing more money for proper planning in Iraq, or for greater 
protection equipment for our troops, or maybe for greater pay raises 
for our troops; this Authorization provides $7.9 billion for ballistic-
missile defense programs--$100 million more than the administration's 
request. Missile defense systems are not new, in fact they have been 
discussed for decades. The truth is that missile defense systems have 
proven to be overly complex, unreliable, and often been little more 
than pipe dreams. Why in good conscience, in this time of budget 
constraints and increased need, would we allocate even more money for 
failed programs? There are more responsible ways to budget this money. 
Money from the Defense Authorization should go to our men and women in 
the Armed Forces who actually defend our Nation instead of into 
programs that just waste needed funds.
  I am heartened by a few provisions of this legislation. This 
Authorization provides an average 3.1 percent pay increase for military 
personnel in FY 2006, equal to the President's request, and extends 
certain special pay and bonuses for reserve personnel. Our men and 
women in the Armed Forces deserve these pay increases, in fact they 
deserve much more for the sacrifice they are making for our Nation 
abroad. The bill provides added funds for increased protection for U.S. 
troops in Iraq, including funding for up-armored Humvees, tactical 
wheeled-vehicle recapitalization and modernization programs, night-
vision devices, and improvised explosive device (IED) jammers. The war 
in Iraq gets more dangerous by the day and the Pentagon won't even give 
this Congress a timeline for our exit. As always, this leaves our brave 
men and women of the Armed Forces and their families in the lurch. We 
as a Congress owe it to them to give them more answers, instead of only 
providing more questions. Unfortunately, while this Authorization gives 
a little comfort to our Armed Forces abroad, it really falls far short 
of what we owe to our Nation's bravest.
  The Acting CHAIRMAN. All time for general debate has expired.
  Pursuant to the rule, the committee amendment in the nature of a 
substitute printed in the bill is considered as an original bill for 
the purpose of amendment and is considered read.
  The text of the committee amendment in the nature of a substitute is 
as follows:

                               H.R. 1815

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

     SECTION 1. SHORT TITLE.

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

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

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

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.

            Division A--Department of Defense Authorizations

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

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

                       Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for UH-60/MH-60 helicopters.

[[Page 11225]]

Sec. 112. Multiyear procurement authority for Apache Modernized Target 
              Acquisition Designation Sight/Pilot Night Vision Sensor.
Sec. 113. Multiyear procurement authority for Apache Block II 
              conversion.
Sec. 114. Acquisition strategy for tactical wheeled vehicle programs.
Sec. 115. Limitation on Army Modular Force Initiative.
Sec. 116. Contract requirement for Objective Individual Combat Weapon - 
              Increment 1.

                       Subtitle C--Navy Programs

Sec. 121. Virginia-class submarine program.
Sec. 122. LHA Replacement amphibious assault ship program.
Sec. 123. Future major surface combatant, destroyer type.
Sec. 124. Littoral Combat Ship (LCS) program.
Sec. 125. Authorization of two additional Arleigh Burke class 
              destroyers.
Sec. 126. Refueling and complex overhaul of the U.S.S. Carl Vinson.
Sec. 127. Report on propulsion system alternatives for surface 
              combatants.
Sec. 128. Aircraft carrier force structure.
Sec. 129. Contingent transfer of additional funds for CVN-21 Carrier 
              Replacement Program.

                     Subtitle D--Air Force Programs

Sec. 131. Multiyear procurement authority for C-17 aircraft.

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Requirement that all tactical unmanned aerial vehicles use 
              specified standard data link.
Sec. 142. Limitation on initiation of new unmanned aerial vehicle 
              systems.

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

              Subtitle A--Authorization of Appropriations

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Annual Comptroller General report on Future Combat Systems 
              program.
Sec. 212. Objective requirements for non-line-of-sight cannon system 
              not to be diminished to meet weight requirements.
Sec. 213. Independent analysis of Future Combat Systems manned ground 
              vehicle transportability requirement.
Sec. 214. Amounts for Armored Systems Modernization program.
Sec. 215. Limitation on systems development and demonstration of manned 
              ground vehicles under Armored Systems Modernization 
              program.
Sec. 216. Testing of Internet Protocol version 6 by Naval Research 
              Laboratory.
Sec. 217. Program to design and develop next-generation nuclear 
              submarine.
Sec. 218. Extension of requirements relating to management 
              responsibility for naval mine countermeasures programs.
Sec. 219. Single joint requirement for heavy lift rotorcraft.
Sec. 220. Requirements for development of tactical radio communications 
              systems.
Sec. 221. Limitation on systems development and demonstration of 
              Personnel Recovery Vehicle.
Sec. 222. Separate program element required for each significant 
              research, development, test, and evaluation project.
Sec. 223. Small Business Innovation Research Phase III Acceleration 
              Pilot Program.
Sec. 224. Revised requirements relating to submission of Joint 
              Warfighting Science and Technology Plan.
Sec. 225. Shipbuilding Industrial Base Improvement Program for 
              development of innovative shipbuilding technologies, 
              processes, and facilities.
Sec. 226. Renewal of University National Oceanographic Laboratory 
              System fleet.
Sec. 227. Limitation on VXX helicopter program.

                  Subtitle C--Missile Defense Programs

Sec. 231. Report on capabilities and costs for operational boost/
              ascent-phase missile defense systems.
Sec. 232. Required flight-intercept test of ballistic missile defense 
              groundbased midcourse system.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

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

                  Subtitle B--Environmental Provisions

Sec. 311. Revision of required content of environmental quality annual 
              report.
Sec. 312. Pilot project on compatible use buffers on real property 
              bordering Fort Carson, Colorado.
Sec. 313. Repeal of Air Force report on military installation 
              encroachment issues.
Sec. 314. Payment of certain private cleanup costs in connection with 
              Defense Environmental Restoration Program.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Proceeds from cooperative activities with non-Army entities.
Sec. 322. Public-private competition.
Sec. 323. Public-private competition pilot program.
Sec. 324. Sense of Congress on equitable legal standing for civilian 
              employees.

              Subtitle D--Extension of Program Authorities

Sec. 331. Extension of authority to provide logistics support and 
              services for weapons systems contractors.
Sec. 332. Extension and revision of temporary authority for contractor 
              performance of security guard functions.

                Subtitle E--Utah Test and Training Range

Sec. 341. Definitions.
Sec. 342. Military operations and overflights, Utah Test and Training 
              Range.
Sec. 343. Planning process for Federal lands in Utah Test and Training 
              Range.
Sec. 344. Designation and management of Cedar Mountain Wilderness, 
              Utah.
Sec. 345. Identification of additional Bureau of Land Management land 
              in Utah as trust land for Skull Valley Band of Goshutes.
Sec. 346. Relation to other lands and laws.

                       Subtitle F--Other Matters

Sec. 351. Codification and revision of limitation on modification of 
              major items of equipment scheduled for retirement or 
              disposal.
Sec. 352. Limitation on purchase of investment items with operation and 
              maintenance funds.
Sec. 353. Provision of Department of Defense support for certain 
              paralympic sporting events.
Sec. 354. Development and explanation of budget models for base 
              operations support, sustainment, and facilities 
              recapitalization.
Sec. 355. Report on Department of Army programs for prepositioning of 
              equipment and other materiel.
Sec. 356. Report regarding effect on military readiness of undocumented 
              immigrants trespassing upon operational ranges.
Sec. 357. Congressional notification requirements regarding placement 
              of liquefied natural gas facilities, pipelines, and 
              related structures on defense lands.
Sec. 358. Report regarding army and air force exchange system 
              management of army lodging.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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

              Subtitle C--Authorizations of Appropriations

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

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Temporary increase in percentage limits on reduction of time-
              in-grade requirements for retirement in grade upon 
              voluntary retirement.
Sec. 502. Two-year renewal of authority to reduce minimum commissioned 
              service requirement for voluntary retirement as an 
              officer.
Sec. 503. Separation at age 64 for reserve component senior officers.
Sec. 504. Improved administration of transitions involving officers in 
              senior general and flag officer positions.
Sec. 505. Consolidation of grade limitations on officer assignment and 
              insignia practice known as frocking.
Sec. 506. Authority for designation of a general/flag officer position 
              on the Joint Staff to be held by reserve component 
              general or flag officer on active duty.
Sec. 507. Authority to retain permanent professors at the Naval Academy 
              beyond 30 years of active commissioned service.
Sec. 508. Authority for appointment of Coast Guard flag officer as 
              Chief of Staff to the President.
Sec. 509. Clarification of time for receipt of statutory selection 
              board communications.
Sec. 510. Standardization of grade of senior dental officer of the Air 
              Force with that of senior dental officer of the Army.

                Subtitle B--Reserve Component Management

Sec. 511. Use of Reserve Montgomery GI Bill benefits and benefits for 
              mobilized members of the Selected Reserve and National 
              Guard for payments for licensing or certification tests.

[[Page 11226]]

Sec. 512. Modifications to new Reserve educational benefit for certain 
              active service in support of contingency operations.
Sec. 513. Military technicians (dual status) mandatory separation.
Sec. 514. Military retirement credit for certain service by National 
              Guard members performed while in a State duty status 
              immediately after the terrorist attacks of September 11, 
              2001.
Sec. 515. Use of National Guard to provide military support to civilian 
              law enforcement agencies for domestic counter-terrorism 
              activities.

                   Subtitle C--Education and Training

Sec. 521. Repeal of limitation on amount of financial assistance under 
              ROTC scholarship programs.
Sec. 522. Increased enrollment for eligible defense industry employees 
              in the defense product development program at Naval 
              Postgraduate School.
Sec. 523. Payment of expenses to obtain professional credentials.
Sec. 524. Authority for National Defense University award of degree of 
              Master of Science in Joint Campaign Planning and 
              Strategy.
Sec. 525. One-year extension of authority to use appropriated funds to 
              provide recognition items for recruitment and retention 
              of certain reserve component personnel.
Sec. 526. Report on rationale and plans of the Navy to provide enlisted 
              members an opportunity to obtain graduate degrees.
Sec. 527. Increase in annual limit on number of ROTC scholarships under 
              Army Reserve and National Guard program.
Sec. 528. Capstone overseas field studies trips to People's Republic of 
              China and Republic of China on Taiwan.
Sec. 529. Sense of Congress concerning establishment of National 
              College of Homeland Security.

                Subtitle D--General Service Requirements

Sec. 531. Uniform enlistment standards for the Armed Forces.
Sec. 532. Increase in maximum term of original enlistment in regular 
              component.
Sec. 533. Members completing statutory initial military service 
              obligation.
Sec. 534. Extension of qualifying service for initial military service 
              under National Call to Service program.

               Subtitle E--Matters Relating to Casualties

Sec. 541. Requirement for members of the Armed Forces to designate a 
              person to be authorized to direct the disposition of the 
              member's remains.
Sec. 542. Enhanced program of Casualty Assistance Officers and 
              Seriously Injured/Ill Assistance Officers.
Sec. 543. Standards and guidelines for Department of Defense programs 
              to assist wounded and injured members.
Sec. 544. Authority for members on active duty with disabilities to 
              participate in Paralympic Games.

       Subtitle F--Military Justice and Legal Assistance Matters

Sec. 551. Clarification of authority of military legal assistance 
              counsel to provide military legal assistance without 
              regard to licensing requirements.
Sec. 552. Use of teleconferencing in administrative sessions of courts-
              martial.
Sec. 553. Extension of statute of limitations for murder, rape, and 
              child abuse offenses under the Uniform Code of Military 
              Justice.
Sec. 554. Offense of stalking under the Uniform Code of Military 
              Justice.
Sec. 555. Rape, sexual assault, and other sexual misconduct under 
              Uniform Code of Military Justice.

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

Sec. 561. Enrollment in overseas schools of Defense Dependents' 
              Education System of children of citizens or nationals of 
              the United States hired in overseas areas as full-time 
              Department of Defense employees.
Sec. 562. Assistance to local educational agencies that benefit 
              dependents of members of the Armed Forces and Department 
              of Defense civilian employees.
Sec. 563. Continuation of impact aid assistance on behalf of dependents 
              of certain members despite change in status of member.

                   Subtitle H--Decorations and Awards

Sec. 565. Cold War Victory Medal.
Sec. 566. Establishment of Combat Medevac Badge.
Sec. 567. Eligibility for Operation Enduring Freedom campaign medal.

                       Subtitle I--Other Matters

Sec. 571. Extension of waiver authority of Secretary of Education with 
              respect to student financial assistance during a war or 
              other military operation or national emergency.
Sec. 572. Adoption leave for members of the Armed Forces adopting 
              children.
Sec. 573. Report on need for a personnel plan for linguists in the 
              Armed Forces.
Sec. 574. Ground combat and other exclusion policies.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2006.
Sec. 602. Additional pay for permanent military professors at United 
              States Naval Academy with over 36 years of service.
Sec. 603. Basic pay rates for reserve component members selected to 
              attend military service academy preparatory schools.
Sec. 604. Clarification of restriction on compensation for 
              correspondence courses.
Sec. 605. Permanent authority for supplemental subsistence allowance 
              for low-income members with dependents.
Sec. 606. Basic allowance for housing for Reserve members.
Sec. 607. Overseas cost of living allowance.
Sec. 608. Income replacement payments for Reserves experiencing 
              extended and frequent mobilization for active duty 
              service.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Extension or resumption of certain bonus and special pay 
              authorities for reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for 
              certain health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear 
              officers.
Sec. 614. One-year extension of other bonus and special pay 
              authorities.
Sec. 615. Expansion of eligibility of dental officers for additional 
              special pay.
Sec. 616. Increase in maximum monthly rate authorized for hardship duty 
              pay.
Sec. 617. Flexible payment of assignment incentive pay.
Sec. 618. Active-duty reenlistment bonus.
Sec. 619. Reenlistment bonus for members of Selected Reserve.
Sec. 620. Combination of affiliation and accession bonuses for service 
              in the Selected Reserve.
Sec. 621. Eligibility requirements for prior service enlistment bonus.
Sec. 622. Increase in authorized maximum amount of enlistment bonus.
Sec. 623. Discretion of Secretary of Defense to authorize retroactive 
              hostile fire and imminent danger pay.
Sec. 624. Increase in maximum bonus amount for nuclear-qualified 
              officers extending period of active duty.
Sec. 625. Increase in maximum amount of nuclear career annual incentive 
              bonus for nuclear-qualified officers trained while 
              serving as enlisted members.
Sec. 626. Uniform payment of foreign language proficiency pay to 
              eligible reserve component members and regular component 
              members.
Sec. 627. Retention bonus for members qualified in certain critical 
              skills or satisfying other eligibility criteria.
Sec. 628. Availability of critical-skills accession bonus for persons 
              enrolled in Senior Reserve Officers' Training Corps who 
              are obtaining nursing degrees.

            Subtitle C--Travel and Transportation Allowances

Sec. 641. Authorized absences of members for which lodging expenses at 
              temporary duty location may be paid.
Sec. 642. Extended period for selection of home for travel and 
              transportation allowances for dependents of deceased 
              member.
Sec. 643. Transportation of family members incident to repatriation of 
              members held captive.
Sec. 644. Increased weight allowances for shipment of household goods 
              of senior noncommissioned officers.

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 651. Monthly disbursement to States of State income tax withheld 
              from retired or retainer pay.
Sec. 652. Revision to eligibility for nonregular service retirement 
              after establishing eligibility for regular retirement.
Sec. 653. Denial of military funeral honors in certain cases.
Sec. 654. Child support for certain minor children of retirement-
              eligible members convicted of domestic violence resulting 
              in death of child's other parent.
Sec. 655. Concurrent receipt of veterans disability compensation and 
              military retired pay.
Sec. 656. Military Survivor Benefit Plan beneficiaries under insurable 
              interest coverage.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality 
                                Benefits

Sec. 661. Increase in authorized level of supplies and services 
              procurement from overseas exchange stores.
Sec. 662. Requirements for private operation of commissary store 
              functions.

[[Page 11227]]

Sec. 663. Provision of information technology services for 
              accommodations provided by nonappropriated fund 
              instrumentalities for wounded members of the Armed Forces 
              and their families.
Sec. 664. Provision of and payment for overseas transportation services 
              for commissary and exchange supplies.
Sec. 665. Compensatory time off for certain nonappropriated fund 
              employees.

                       Subtitle F--Other Matters

Sec. 671. Inclusion of Senior Enlisted Advisor for the Chairman of the 
              Joint Chiefs of Staff among senior enlisted members of 
              the Armed Forces.
Sec. 672. Special and incentive pays considered for saved pay upon 
              appointment of members as officers.
Sec. 673. Repayment of unearned portion of bonuses, special pays, and 
              educational benefits.
Sec. 674. Leave accrual for members assigned to deployable ships or 
              mobile units or to other designated duty.
Sec. 675. Army recruiting pilot program to encourage members of the 
              Army to refer other persons for enlistment.
Sec. 676. Special compensation for reserve component members who are 
              also tobacco farmers adversely affected by terms of 
              tobacco quota buyout.

                   TITLE VII--HEALTH CARE PROVISIONS

                Subtitle A--Tricare Program Improvements

Sec. 701. Services of mental health counselors.
Sec. 702. Additional information required by surveys on TRICARE 
              standard.
Sec. 703. Enhancement of TRICARE coverage for members who commit to 
              continued service in the selected reserve.
Sec. 704. Study and plan relating to chiropractic health care services.
Sec. 705. Surviving-dependent eligibility under TRICARE dental plan for 
              surviving spouses who were on active duty at time of 
              death of military spouse.
Sec. 706. Exceptional eligibility for TRICARE prime remote.

                       Subtitle B--Other Matters

Sec. 711. Authority to relocate patient safety center; renaming 
              MedTeams Program.
Sec. 712. Modification of health care quality information and 
              technology enhancement reporting requirement.
Sec. 713. Correction to eligibility of certain Reserve officers for 
              military health care pending active duty following 
              commissioning.
Sec. 714. Prohibition on conversions of military medical positions to 
              civilian medical positions until submission of 
              certification.
Sec. 715. Clarification of inclusion of dental care in medical 
              readiness tracking and health surveillance program.
Sec. 716. Cooperative outreach to members and former members of the 
              naval service exposed to environmental factors related to 
              sarcoidosis.
Sec. 717. Early identification and treatment of mental health and 
              substance abuse disorders.

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

 Subtitle A--Provisions Relating to Major Defense Acquisition Programs

Sec. 801. Requirement for certification by Secretary of Defense before 
              major defense acquisition program may proceed to 
              Milestone B.
Sec. 802. Requirement for analysis of alternatives to major defense 
              acquisition programs.
Sec. 803. Authority for Secretary of Defense to revise baseline for 
              major defense acquisition programs.

             Subtitle B--Acquisition Policy and Management

Sec. 811. Applicability of statutory executive compensation cap made 
              prospective.
Sec. 812. Use of commercially available online services for Federal 
              procurement of commercial items.
Sec. 813. Contingency contracting corps.
Sec. 814. Requirement for contracting operations to be included in 
              interagency planning related to stabilization and 
              reconstruction.
Sec. 815. Statement of policy and report relating to contracting with 
              employers of persons with disabilities.
Sec. 816. Study on Department of Defense contracting with small 
              business concerns owned and controlled by service-
              disabled veterans.
Sec. 817. Prohibition on procurement from beneficiaries of foreign 
              subsidies.

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

Sec. 821. Increased flexibility for designation of critical acquisition 
              positions in defense acquisition workforce.
Sec. 822. Participation by Department of Defense in acquisition 
              workforce training fund.
Sec. 823. Increase in cost accounting standard threshold.
Sec. 824. Amendments to domestic source requirements relating to 
              clothing materials and components covered.
Sec. 825. Rapid acquisition authority to respond to defense 
              intelligence community emergencies.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Restoration of parity in pay levels among Under Secretary 
              positions.
Sec. 902. Eligibility criteria for Director of Department of Defense 
              Test Resource Management Center.
Sec. 903. Consolidation and standardization of authorities relating to 
              Department of Defense Regional Centers for Security 
              Studies.
Sec. 904. Redesignation of the Department of the Navy as the Department 
              of the Navy and Marine Corps.

                      Subtitle B--Space Activities

Sec. 911. Space Situational Awareness Strategy.
Sec. 912. Military satellite communications.
Sec. 913. Operationally responsive space.

             Subtitle C--Chemical Demilitarization Program

Sec. 921. Transfer to Secretary of the Army of responsibility for 
              assembled chemical weapons alternatives program.
Sec. 922. Clarification of Cooperative Agreement Authority under 
              Chemical Demilitarization Program.

                Subtitle D--Intelligence-Related Matters

Sec. 931. Department of Defense Strategy for Open-Source intelligence.
Sec. 932. Comprehensive inventory of Department of Defense intelligence 
              and intelligence-related programs and projects.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial matters

Sec. 1001. Transfer authority.
Sec. 1002. Authorization of supplemental appropriations for fiscal year 
              2005.
Sec. 1003. Increase in fiscal year 2005 general transfer authority.
Sec. 1004. Reports on feasibility and desirability of capital budgeting 
              for major defense acquisition programs.

                Subtitle B--Naval Vessels and Shipyards

Sec. 1011. Conveyance, Navy drydock, Seattle, Washington.
Sec. 1012. Conveyance, Navy drydock, Jacksonville, Florida.
Sec. 1013. Conveyance, Navy drydock, Port Arthur, Texas.
Sec. 1014. Transfer of U.S.S. IOWA.
Sec. 1015. Transfer of ex-U.S.S. Forrest Sherman.
Sec. 1016. Limitation on leasing of foreign-built vessels.

                  Subtitle C--Counter-Drug Activities

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

            Subtitle D--Matters Related to Homeland Security

Sec. 1031. Responsibilities of Assistant Secretary of Defense for 
              Homeland Defense relating to nuclear, chemical, and 
              biological emergency response.
Sec. 1032. Testing of preparedness for emergencies involving nuclear, 
              radiological, chemical, biological, and high-yield 
              explosives weapons.
Sec. 1033. Department of Defense chemical, biological, radiological, 
              nuclear, and high-yield explosives response teams.
Sec. 1034. Repeal of Department of Defense emergency response 
              assistance program.

                       Subtitle E--Other Matters

Sec. 1041. Commission on the Long-Term Implementation of the New 
              Strategic Posture of the United States.
Sec. 1042. Reestablishment of EMP Commission.
Sec. 1043. Modernization of authority relating to security of defense 
              property and facilities.
Sec. 1044. Revision of Department of Defense counterintelligence 
              polygraph program.
Sec. 1045. Repeal of requirement for report to Congress regarding 
              global strike capability.
Sec. 1046. Technical and clerical amendments.
Sec. 1047. Deletion of obsolete definitions in titles 10 and 32, United 
              States Code.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

Sec. 1101. Extension of eligibility to continue Federal employee health 
              benefits.
Sec. 1102. Extension of Department of Defense voluntary reduction in 
              force authority.

[[Page 11228]]

Sec. 1103. Extension of authority to make lump sum severence payments.
Sec. 1104. Authority for heads of agencies to allow shorter length of 
              required service by Federal employees after completion of 
              training.
Sec. 1105. Authority to waive annual limitation on total compensation 
              paid to Federal civilian employees.
Sec. 1106. Transportation of family members incident to repatriation of 
              Federal employees held captive.
Sec. 1107. Permanent extension of Science, Mathematics, and Research 
              for Transformation (SMART) Defense Scholarship Program.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

Sec. 1201. Extension of humanitarian and civic assistance provided to 
              host nations in conjunction with military operations.
Sec. 1202. Commanders' Emergency Response Program.
Sec. 1203. Military educational exchanges between senior officers and 
              officials of the United States and Taiwan.
Sec. 1204. Modification of geographic restriction under bilateral and 
              regional cooperation programs for payment of certain 
              expenses of defense personnel of developing countries.
Sec. 1205. Authority for Department of Defense to enter into 
              acquisition and cross-servicing agreements with regional 
              organizations of which the United States is not a member.
Sec. 1206. Two-year extension of authority for payment of certain 
              administrative services and support for coalition liaison 
              officers.

     Subtitle B--Nonproliferation Matters and Countries of Concern

Sec. 1211. Report on acquisition by Iran of nuclear weapons.
Sec. 1212. Procurement sanctions against foreign persons that transfer 
              certain defense articles and services to the People's 
              Republic of China.
Sec. 1213. Prohibition on procurements from Communist Chinese military 
              companies.

                       Subtitle C--Other Matters

Sec. 1221. Purchase of weapons overseas for force protection purposes.
Sec. 1222. Requirement for establishment of certain criteria applicable 
              to on-going Global Posture Review.

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

Sec. 1301. Specification of Cooperative Threat Reduction programs and 
              funds.
Sec. 1302. Funding allocations.
Sec. 1303. Authority to obligate weapons of mass destruction 
              proliferation prevention funds for nuclear weapons 
              storage security.
Sec. 1304. Extension of limited waiver of restrictions on use of funds 
              for threat reduction in states of the former Soviet 
              Union.
Sec. 1305.  Report on elimination of impediments to nuclear threat-
              reduction and nonproliferation programs in the Russian 
              Federation.

                TITLE XIV--CONTRACT DISPUTE ENHANCEMENT

                     Subtitle A--General provisions

Sec. 1411. Definitions.

 Subtitle B--Establishment of civilian and defense Boards of contract 
                                appeals

Sec. 1421. Establishment.
Sec. 1422. Membership.
Sec. 1423. Chairmen.
Sec. 1424. Rulemaking authority.
Sec. 1425. Authorization of appropriations.

   Subtitle C--Functions of defense and civilian Boards of contract 
                                appeals

Sec. 1431. Contract disputes.
Sec. 1432. Enhanced access for small business.
Sec. 1433. Applicability to certain contracts.

     Subtitle D--Transfers and transition, savings, and conforming 
                               provisions

Sec. 1441. Transfer and allocation of appropriations and personnel.
Sec. 1442. Terminations and savings provisions.
Sec. 1443. Contract disputes authority of Boards.
Sec. 1444. References to agency Boards of contract appeals.
Sec. 1445. Conforming amendments.

  Subtitle E--Effective Date; Regulations and Appointment of Chairmen

Sec. 1451. Effective date.
Sec. 1452. Regulations.
Sec. 1453. Appointment of Chairmen of Defense Board and Civilian Board.

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

                     Subtitle A--General Increases

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

                    Subtitle B--Personnel Provisions

Sec. 1521. Increase in active Army and Marine Corps strength levels.
Sec. 1522. Additional authority for increases of Army and Marine Corps 
              active duty end strengths for fiscal years 2007 through 
              2009.
Sec. 1523. Military death gratuity enhancement.
Sec. 1524. Permanent prohibition against requiring certain injured 
              members to pay for meals provided by military treatment 
              facilities.
Sec. 1525. Permanent authority to provide travel and transportation 
              allowances for dependents to visit hospitalized members 
              injured in combat operation or combat zone.
Sec. 1526. Permanent increase in length of time dependents of certain 
              deceased members may continue to occupy military family 
              housing or receive basic allowance for housing.
Sec. 1527. Availability of special pay for members during 
              rehabilitation from combat-related injuries.
Sec. 1528. Allowance to cover monthly deduction from basic pay for 
              Servicemembers' Group Life Insurance coverage for members 
              serving in Operation Enduring Freedom or Operation Iraqi 
              Freedom.

   Subtitle C--Matters Involving Support Provided by Foreign Nations

Sec. 1531. Reimbursement of certain coalition nations for support 
              provided to United States military operations.

               TITLE XVI--CONTRACTORS ON THE BATTLEFIELD

Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Definitions.
Sec. 1604. Requirements for commanders of combatant commands relating 
              to contractors accompanying and not accompanying the 
              force.
Sec. 1605. Requirements for contractors relating to possession of 
              weapons.
Sec. 1606. Battlefield accountability.

            Division B--Military Construction Authorizations

Sec. 2001. Short title.

                             TITLE I--ARMY

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

                             TITLE II--NAVY

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

                          TITLE III--AIR FORCE

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

                       TITLE IV--DEFENSE AGENCIES

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

TITLE V--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

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

             TITLE VI--GUARD AND RESERVE FORCES FACILITIES

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

         TITLE VII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

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

[[Page 11229]]

                     TITLE VIII--GENERAL PROVISIONS

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

Sec. 2801. Modification of congressional notification requirements for 
              certain military construction activities.
Sec. 2802. Improve availability and timeliness of Department of Defense 
              information regarding military construction and family 
              housing accounts and activities.
Sec. 2803. Expansion of authority to convey property at military 
              installations to support military construction.
Sec. 2804. Effect of failure to submit required report on need for 
              general and flag officers quarters in National Capital 
              Region.
Sec. 2805. One-year extension of temporary, limited authority to use 
              operation and maintenance funds for construction projects 
              outside the United States.
Sec. 2806. Clarification of moratorium on certain improvements at Fort 
              Buchanan, Puerto Rico.

        Subtitle B--Real Property and Facilities Administration

Sec. 2811. Consolidation of Department of Defense land acquisition 
              authorities and limitations on use of such authorities.
Sec. 2812. Report on use of utility system conveyance authority and 
              temporary suspension of authority pending report.
Sec. 2813. Authorized military uses of Papago Park Military 
              Reservation, Phoenix, Arizona.

                Subtitle C--Base Closure and Realignment

Sec. 2821. Additional reporting requirements regarding base closure 
              process and use of Department of Defense base closure 
              accounts.
Sec. 2822. Termination of project authorizations for military 
              installations approved for closure in 2005 round of base 
              realignments and closures.
Sec. 2823. Expanded availability of adjustment and diversification 
              assistance for communities adversely affected by mission 
              realignments in base closure process.
Sec. 2824. Sense of Congress regarding consideration of national 
              defense industrial base interests during Base Closure and 
              Realignment Commission review of Department of Defense 
              base closure and realignment recommendations.

                      Subtitle D--Land Conveyances

                        Part 1--Army Conveyances

Sec. 2831. Modification of land conveyance, Engineer Proving Ground, 
              Fort Belvoir, Virginia.
Sec. 2832. Land conveyance, Army Reserve Center, Bothell, Washington.

                        Part 2--Navy Conveyances

Sec. 2841. Land conveyance, Marine Corps Air Station, Miramar, San 
              Diego, California.

                     Part 3--Air Force Conveyances

Sec. 2851. Purchase of build-to-lease family housing, Eielson Air Force 
              Base, Alaska.
Sec. 2852. Land conveyance, Air Force property, Jacksonville, Arkansas.

                       Subtitle E--Other Matters

Sec. 2861. Lease authority, Army Heritage and Education Center, 
              Carlisle, Pennsylvania.
Sec. 2862. Redesignation of McEntire Air National Guard Station, South 
              Carolina, as McEntire Joint National Guard Base.
Sec. 2863. Assessment of water needs for Presidio of Monterey and Ord 
              Military Community.

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

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

   Subtitle B--Program Authorizations, Restrictions, and Limitations

Sec. 3111. Reliable Replacement Warhead program.
Sec. 3112. Report on assistance for a comprehensive inventory of 
              Russian nonstrategic nuclear weapons.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

Sec. 3301. Authorized uses of National Defense Stockpile funds.
Sec. 3302. Revision of fiscal year 1999 authority to dispose of certain 
              materials in the National Defense Stockpile.
Sec. 3303. Revision of fiscal year 2000 authority to dispose of certain 
              materials in the National Defense Stockpile.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                  TITLE XXXV--MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2006.
Sec. 3502. Payments for State and regional maritime academies.
Sec. 3503. Maintenance and repair reimbursement pilot program.
Sec. 3504. Tank vessel construction assistance.
Sec. 3505. Improvements to the Maritime Administration vessel disposal 
              program.

     SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

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

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

              Subtitle A--Authorization of Appropriations

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

                       Subtitle B--Army Programs

Sec. 111. Multiyear procurement authority for UH-60/MH-60 helicopters.
Sec. 112. Multiyear procurement authority for Apache Modernized Target 
              Acquisition Designation Sight/Pilot Night Vision Sensor.
Sec. 113. Multiyear procurement authority for Apache Block II 
              conversion.
Sec. 114. Acquisition strategy for tactical wheeled vehicle programs.
Sec. 115. Limitation on Army Modular Force Initiative.
Sec. 116. Contract requirement for Objective Individual Combat Weapon - 
              Increment 1.

                       Subtitle C--Navy Programs

Sec. 121. Virginia-class submarine program.
Sec. 122. LHA Replacement amphibious assault ship program.
Sec. 123. Future major surface combatant, destroyer type.
Sec. 124. Littoral Combat Ship (LCS) program.
Sec. 125. Authorization of two additional Arleigh Burke class 
              destroyers.
Sec. 126. Refueling and complex overhaul of the U.S.S. Carl Vinson.
Sec. 127. Report on propulsion system alternatives for surface 
              combatants.
Sec. 128. Aircraft carrier force structure.
Sec. 129. Contingent transfer of additional funds for CVN-21 Carrier 
              Replacement Program.

                     Subtitle D--Air Force Programs

Sec. 131. Multiyear procurement authority for C-17 aircraft.

               Subtitle E--Joint and Multiservice Matters

Sec. 141. Requirement that all tactical unmanned aerial vehicles use 
              specified standard data link.
Sec. 142. Limitation on initiation of new unmanned aerial vehicle 
              systems.

              Subtitle A--Authorization of Appropriations

     SEC. 101. ARMY.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for procurement for the Army as follows:
       (1) For aircraft, $2,861,380,000.
       (2) For missiles, $1,242,919,000.
       (3) For weapons and tracked combat vehicles, 
     $1,601,978,000.
       (4) For ammunition, $1,750,772,000.
       (5) For other procurement, $4,043,289,000.

     SEC. 102. NAVY AND MARINE CORPS.

       (a) Navy.--Funds are hereby authorized to be appropriated 
     for fiscal year 2006 for procurement for the Navy as follows:
       (1) For aircraft, $10,042,526,000.
       (2) For weapons, including missiles and torpedoes, 
     $2,775,041,000.
       (3) For ammunition, $869,770,000.
       (4) For shipbuilding and conversion, $10,779,773,000.
       (5) For other procurement, $5,634,318,000.
       (b) Marine Corps.--Funds are hereby authorized to be 
     appropriated for fiscal year 2006 for procurement for the 
     Marine Corps in the amount of $1,407,605,000.

     SEC. 103. AIR FORCE.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for procurement for the Air Force as follows:
       (1) For aircraft, $12,793,756,000.
       (2) For ammunition, $1,031,207,000.
       (3) For missiles, $5,490,287,000.
       (4) For other procurement, $14,068,789,000.

     SEC. 104. DEFENSE-WIDE ACTIVITIES.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for Defense-wide procurement in the amount of 
     $2,715,446,000.

                       Subtitle B--Army Programs

     SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR UH-60/MH-60 
                   HELICOPTERS.

       The Secretary of the Army may, in accordance with section 
     2306b of title 10, United States Code, enter into a multiyear 
     contract, beginning with the fiscal year 2007 program year, 
     for procurement of up to 461 helicopters in the UH-60M 
     configuration and, acting as executive agent for the 
     Department of the Navy, in the MH-60S configuration.

     SEC. 112. MULTIYEAR PROCUREMENT AUTHORITY FOR APACHE 
                   MODERNIZED TARGET ACQUISITION DESIGNATION 
                   SIGHT/PILOT NIGHT VISION SENSOR.

       The Secretary of the Army may, in accordance with section 
     2306b of title 10, United States

[[Page 11230]]

     Code, enter into a multiyear contract, beginning with the 
     fiscal year 2006 program year and for four program years, for 
     procurement of 612 Apache Modernized Target Acquisition 
     Designation Sights/Pilot Night Vision Sensors.

     SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR APACHE BLOCK II 
                   CONVERSION.

       The Secretary of the Army may, in accordance with section 
     2306b of title 10, United States Code, enter into a multiyear 
     contract, beginning with the fiscal year 2006 program year 
     and for four program years, for procurement of conversion of 
     96 Apache helicopters to the Block II configuration.

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

       (a) Army.--If, in carrying out a program for modernization 
     and recapitalization of the fleet of tactical wheeled 
     vehicles of the Army, the Secretary of the Army determines to 
     award a contract for procurement of a new vehicle class for 
     the next-generation tactical wheeled vehicle (other than a 
     contract for modifications, upgrades, or product improvements 
     to the existing fleet of vehicles), the Secretary shall award 
     and execute the acquisition program under that contract as a 
     joint service program with the Marine Corps.
       (b) Marine Corps.--If, in carrying out a program for 
     modernization and recapitalization of the fleet of tactical 
     wheeled vehicles of the Marine Corps, the Secretary of the 
     Navy determines to award a contract for procurement of a new 
     vehicle class for the next-generation tactical wheeled 
     vehicle (other than a contract for modifications, upgrades, 
     or product improvements to the existing fleet of vehicles), 
     the Secretary shall award and execute the acquisition program 
     under that contract as a joint service program with the Army.

     SEC. 115. LIMITATION ON ARMY MODULAR FORCE INITIATIVE.

       (a) Limitation.--From funds available to the Army for 
     fiscal year 2006, not more than $3,000,000,000 may be 
     obligated or expended for acquisition programs for the Army 
     Modular Force Initiative until the Secretary of the Army 
     submits to the congressional defense committees a report 
     described in subsection (b).
       (b) Report.--A report under subsection (a) shall set forth 
     the following:
       (1) An outline of the full scope of acquisition programs 
     that are considered part of the Modular Force Initiative and 
     the acquisition objectives for each such program.
       (2) An outline of the funding levels provided in the fiscal 
     year 2007 Future Years Defense Program for each program 
     specified under paragraph (1) and, for each such program, the 
     adequacy of that funding for achieving the acquisition 
     objectives referred to in paragraph (1).
       (3) A detailed accounting of the use of funds provided for 
     the Modular Force Initiative in title I of division A of the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terrorism, and Tsunami Relief Act, 2005.

     SEC. 116. CONTRACT REQUIREMENT FOR OBJECTIVE INDIVIDUAL 
                   COMBAT WEAPON - INCREMENT 1.

       In awarding a contract for procurement of the Objective 
     Individual Combat Weapon - Increment 1, the Secretary of the 
     Army shall ensure that the contractor is selected through a 
     full and open competition process that allows potential 
     offerors adequate time to prepare and submit qualifying 
     proposals.

                       Subtitle C--Navy Programs

     SEC. 121. VIRGINIA-CLASS SUBMARINE PROGRAM.

       (a) Limitation of Costs.--Except as provided in subsection 
     (b), the total amount obligated or expended for procurement 
     of the five Virginia-class submarines designated as SSN-779, 
     SSN-780, SSN-781, SSN-782, and SSN-783 may not exceed the 
     following amounts (such amounts being the estimated total 
     procurement end cost of those vessels in the fiscal year 2006 
     budget):
       (1) For the SSN-779 submarine, $2,143,700,000.
       (2) For the SSN-780 submarine, $2,238,800,000.
       (3) For the SSN-781 submarine, $2,402,000,000.
       (4) For the SSN-782 submarine, $2,581,300,000.
       (5) For the SSN-783 submarine, $2,690,000,000.
       (b) Adjustment of Limitation Amounts.--The Secretary of the 
     Navy may adjust the amount set forth in subsection (a) for 
     any Virginia-class submarine specified in that subsection by 
     the following:
       (1) The amounts of increases or decreases in costs 
     attributable to economic inflation after September 30, 2005.
       (2) The amounts of increases or decreases in costs 
     attributable to compliance with changes in Federal, State, or 
     local laws enacted after September 30, 2005.
       (c) Notice to Congress of Program Changes.--The Secretary 
     of the Navy shall annually submit to Congress, at the same 
     time as the budget is submitted under section 1105(a) of 
     title 31, United States Code, written notice of any change in 
     any of the amounts set forth in subsection (a) during the 
     preceding fiscal year that the Secretary has determined to be 
     associated with a cost referred to in subsection (b).

     SEC. 122. LHA REPLACEMENT AMPHIBIOUS ASSAULT SHIP PROGRAM.

       (a) Limitation of Costs.--Except as provided in subsection 
     (b), the total amount obligated or expended for procurement 
     of each ship of the LHA Replacement (LHA(R)) amphibious 
     assault ship program may not exceed $2,000,000,000.
       (b) Adjustment of Limitation Amount.--The Secretary of the 
     Navy may adjust the amount set forth in subsection (a) for 
     the program referred to in that subsection by the following:
       (1) The amounts of increases or decreases in costs 
     attributable to economic inflation after September 30, 2005.
       (2) The amounts of increases or decreases in costs 
     attributable to compliance with changes in Federal, State, or 
     local laws enacted after September 30, 2005.
       (c) Written Notice of Change in Amount.--The Secretary of 
     the Navy shall annually submit to Congress, at the same time 
     as the budget is submitted under section 1105(a) of title 31, 
     United States Code, written notice of any change in the 
     amount set forth in subsection (a) during the preceding 
     fiscal year that the Secretary has determined to be 
     associated with a cost referred to in subsection (b).
       (d) Limitation on Procurement Funds.--Funds available to 
     the Navy for Shipbuilding and Conversion, Navy, may be 
     obligated or expended for procurement for the LHA Replacement 
     ship program only after the Secretary of Defense certifies in 
     writing to the congressional defense committees that--
       (1) the Joint Requirements Oversight Council has approved a 
     detailed Operational Requirements Document for the program; 
     and
       (2) there exists a stable design for the LHA(R) class of 
     vessels.
       (e) Stable Design.--For purposes of this section, the 
     design of a class of vessels shall be considered to be stable 
     when no substantial change to the design is anticipated.

     SEC. 123. FUTURE MAJOR SURFACE COMBATANT, DESTROYER TYPE.

       (a) Limitation of Costs.--Except as provided in subsection 
     (b), the total amount obligated or expended for procurement 
     of each ship for the future major surface combatant, 
     destroyer type, may not exceed $1,700,000,000 (such amount 
     being the estimated total procurement end cost of that ship 
     in the fiscal year 2006 budget).
       (b) Adjustment of Limitation Amount.--The Secretary of the 
     Navy may adjust the amount set forth in subsection (a) for 
     the ship type referred to in that subsection by the 
     following:
       (1) The amounts of increases or decreases in costs 
     attributable to economic inflation after September 30, 2005.
       (2) The amounts of increases or decreases in costs 
     attributable to compliance with changes in Federal, State, or 
     local laws enacted after September 30, 2005.
       (c) Written Notice of Change in Amount.--The Secretary of 
     the Navy shall annually submit to Congress, at the same time 
     as the budget is submitted under section 1105(a) of title 31, 
     United States Code, written notice of any change in the 
     amount set forth in subsection (a) during the preceding 
     fiscal year that the Secretary has determined to be 
     associated with a cost referred to in subsection (b).
       (d) Authorization of Appropriations.--Of the amount 
     provided in section 201(2) for Research and Development, 
     Navy, for fiscal year 2006, $700,000,000 is available for 
     technology development and demonstration for the ship 
     referred to in subsection (a).
       (e) Acquisition Plan.--In developing the acquisition plan 
     for the future major surface combatant, destroyer type, the 
     Secretary shall ensure that the resulting acquisition 
     program--
       (1) uses technologies from the DD(X) and CG(X) programs, as 
     well as any other technology the Secretary considers 
     appropriate;
       (2) has an overall capability not less than that of the 
     Flight IIA version of the Arleigh Burke (DDG-51) class 
     destroyer; and
       (3) would be ready for lead-ship procurement not later than 
     fiscal year 2011.

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

       (a) Limitation of Costs.--Except as provided in subsection 
     (b), the total amount obligated or expended for procurement 
     of each ship for the Littoral Combat Ship (LCS) program, 
     including amounts for mission modules, may not exceed 
     $400,000,000 (such amount being the estimated total 
     procurement end cost of that ship in the fiscal year 2006 
     budget).
       (b) Adjustment of Limitation Amount.--The Secretary of the 
     Navy may adjust the amount set forth in subsection (a) for 
     the ships referred to in that subsection by the following:
       (1) The amounts of increases or decreases in costs 
     attributable to economic inflation after September 30, 2005.
       (2) The amounts of increases or decreases in costs 
     attributable to compliance with changes in Federal, State, or 
     local laws enacted after September 30, 2005.
       (c) Written Notice of Change in Amount.--The Secretary of 
     the Navy shall annually submit to Congress, at the same time 
     as the budget is submitted under section 1105(a) of title 31, 
     United States Code, written notice of any change in the 
     amount set forth in subsection (a) during the preceding 
     fiscal year that the Secretary has determined to be 
     associated with a cost referred to in subsection (b).
       (d) Limitation on Ships and Mission Modules.--No funds 
     available to the Navy may be used for the acquisition of 
     Littoral Combat Ships, or Littoral Combat Ship mission 
     modules until the Secretary of Defense submits to the 
     congressional defense committees--
       (1) the results of an operational evaluation of the first 
     four Littoral Combat Ships conducted by the Director of 
     Operational Test and Evaluation Force of the Department of 
     Defense; and
       (2) the Secretary's certification in writing that there 
     exists a stable design for the Littoral Combat Ship class of 
     vessels.
       (e) Stable Design.--For purposes of this section, the 
     design of a class of vessels shall be considered to be stable 
     when no substantial change to the design is anticipated.

[[Page 11231]]



     SEC. 125. AUTHORIZATION OF TWO ADDITIONAL ARLEIGH BURKE CLASS 
                   DESTROYERS.

       Of the amount provided in section 102(a)(4) for 
     Shipbuilding and Conversion, Navy, for fiscal year 2006, the 
     amount of $2,500,000,000 is available for construction of two 
     additional Arleigh Burke class destroyers, to be constructed 
     under a single contract which shall be competitively awarded.

     SEC. 126. REFUELING AND COMPLEX OVERHAUL OF THE U.S.S. CARL 
                   VINSON.

       (a) Amount Authorized From SCN Account.--Of the amount 
     authorized to be appropriated by section 102(a)(4), for 
     fiscal year 2006, $1,493,563,000 is available for the 
     commencement of the nuclear refueling and complex overhaul of 
     the U.S.S. Carl Vinson (CVN-70). The amount made available in 
     the preceding sentence is the first increment in the 
     incremental funding planned for the nuclear refueling and 
     complex overhaul of that vessel.
       (b) Contract Authority.--The Secretary of the Navy may 
     enter into a contract during fiscal year 2006 for the nuclear 
     refueling and complex overhaul of the U.S.S. Carl Vinson.
       (c) Condition for Out-Year Contract Payments.--A contract 
     entered into under subsection (b) shall provide that any 
     obligation of the United States to make a payment under the 
     contract for a fiscal year after fiscal year 2006 is subject 
     to the availability of appropriations for that purpose for 
     that later fiscal year.

     SEC. 127. REPORT ON PROPULSION SYSTEM ALTERNATIVES FOR 
                   SURFACE COMBATANTS.

       (a) Report Required.--The Secretary of the Navy shall 
     submit to the congressional defense committees a report on 
     the results of the study directed by the Chief of Naval 
     Operations and in progress in mid-2005 on alternative 
     propulsion methods for surface combatant vessels of the Navy. 
     The report shall be submitted not later than the date of the 
     President's submission of the budget of the United States 
     Government for fiscal year 2007.
       (b) Matters to Be Included.--The report of the Secretary of 
     the Navy under subsection (a) shall include the following:
       (1) The objectives and scope of the study referred to in 
     subsection (a) and the timeframes for analysis under the 
     study and the key assumptions used in carrying out the study.
       (2) The methodology and analysis techniques used to conduct 
     the study.
       (3) A description of current and future technology relating 
     to propulsion that has been incorporated in recently-designed 
     surface combatants or is expected to be available within the 
     next 10-to-20 years.
       (4) The propulsion alternatives for surface combatants 
     considered under the study and the analysis and evaluation 
     under the study of each of those alternatives from an 
     operational and cost-effectiveness standpoint.
       (5) The conclusions and recommendations of the study, 
     including those conclusions and recommendations that could 
     impact the design of future ships or lead to modifications of 
     existing ships.
       (6) The Secretary's intended actions and timeframes for 
     implementation, if any, of the findings and conclusions of 
     the study.

     SEC. 128. AIRCRAFT CARRIER FORCE STRUCTURE.

       (a) Requirement for 12 Operational Aircraft Carriers Within 
     the Navy.--Section 5062 of title 10, United States Code, is 
     amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) The naval combat forces of the Navy shall include not 
     less than 12 operational aircraft carriers. For purposes of 
     this subsection, an operational aircraft carrier includes an 
     aircraft carrier that is temporarily unavailable for 
     worldwide deployment due to routine or scheduled maintenance 
     or repair.''.
       (b) U.S.S. John F. Kennedy.--
       (1) Fully mission capable status.--The Secretary of Defense 
     shall take all necessary actions to ensure that the U.S.S. 
     John F. Kennedy (CVN-67) is maintained in a fully mission 
     capable status.
       (2) Maintenance.--From the amounts provided under section 
     301 for operation and maintenance of the Navy for fiscal year 
     2006, $60,000,000 is authorized for the operation and routine 
     maintenance of the U.S.S. John F. Kennedy.

     SEC. 129. CONTINGENT TRANSFER OF ADDITIONAL FUNDS FOR CVN-21 
                   CARRIER REPLACEMENT PROGRAM.

       If the Director of Program Analysis and Evaluation of the 
     Office of the Secretary of Defense certifies to Congress that 
     an additional amount of $86,700,000 for fiscal year 2006 for 
     advance procurement for the CVN-21 Carrier Replacement 
     Program would allow construction of the CVN-21 vessel to 
     begin in fiscal year 2007, then upon such certification the 
     amount of $86,700,000 shall be transferred from amounts 
     available for fiscal year 2006 for Defense-wide Operation and 
     Maintenance, to be derived from amounts for Defense-wide 
     Advisory and Assistance Services, to amounts available for 
     fiscal year 2006 for Shipbuilding and Conversion, Navy, to be 
     available for advance procurement for the CVN-21 Carrier 
     Replacement Program.

                     Subtitle D--Air Force Programs

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

       The Secretary of the Air Force may, in accordance with 
     section 2306b of title 10, United States Code, enter into a 
     multiyear contract, beginning with the fiscal year 2006 
     program year, for procurement of up to 42 additional C-17 
     aircraft.

               Subtitle E--Joint and Multiservice Matters

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

       (a) Requirement.--The Secretary of Defense shall take such 
     steps as necessary to ensure that all tactical unmanned 
     aerial vehicles (UAVs) of the Army, Navy, Marine Corps, and 
     Air Force are equipped and configured so that--
       (1) the data link used by those vehicles is the Department 
     of Defense standard tactical unmanned aerial vehicle data 
     link known as the Tactical Common Data Link (TCDL), until 
     such time as the Tactical Common Data Link standard is 
     replaced by an updated standard for use by those vehicles; 
     and
       (2) those vehicles use data formats consistent with the 
     architectural standard for tactical unmanned aerial vehicles 
     known as STANAG 4586, developed to facilitate multinational 
     interoperability among NATO member nations.
       (b) Funding Limitation.--After December 1, 2006, no funds 
     available to the Department of Defense may be used to equip a 
     tactical unmanned aerial vehicle with data links other than 
     as required by subsection (a)(1).
       (c) Report.--Not later than February 1, 2006, the Secretary 
     of each military department shall submit to Congress a report 
     on the status of compliance by all tactical unmanned aerial 
     vehicles under the jurisdiction of the Secretary with 
     subsection (a).

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

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

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

              Subtitle A--Authorization of Appropriations

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

    Subtitle B--Program Requirements, Restrictions, and Limitations

Sec. 211. Annual Comptroller General report on Future Combat Systems 
              program.
Sec. 212. Objective requirements for non-line-of-sight cannon system 
              not to be diminished to meet weight requirements.
Sec. 213. Independent analysis of Future Combat Systems manned ground 
              vehicle transportability requirement.
Sec. 214. Amounts for Armored Systems Modernization program.
Sec. 215. Limitation on systems development and demonstration of manned 
              ground vehicles under Armored Systems Modernization 
              program.
Sec. 216. Testing of Internet Protocol version 6 by Naval Research 
              Laboratory.
Sec. 217. Program to design and develop next-generation nuclear 
              submarine.
Sec. 218. Extension of requirements relating to management 
              responsibility for naval mine countermeasures programs.
Sec. 219. Single joint requirement for heavy lift rotorcraft.
Sec. 220. Requirements for development of tactical radio communications 
              systems.
Sec. 221. Limitation on systems development and demonstration of 
              Personnel Recovery Vehicle.
Sec. 222. Separate program element required for each significant 
              research, development, test, and evaluation project.
Sec. 223. Small Business Innovation Research Phase III Acceleration 
              Pilot Program.
Sec. 224. Revised requirements relating to submission of Joint 
              Warfighting Science and Technology Plan.
Sec. 225. Shipbuilding Industrial Base Improvement Program for 
              development of innovative shipbuilding technologies, 
              processes, and facilities.
Sec. 226. Renewal of University National Oceanographic Laboratory 
              System fleet.
Sec. 227. Limitation on VXX helicopter program.

                  Subtitle C--Missile Defense Programs

Sec. 231. Report on capabilities and costs for operational boost/
              ascent-phase missile defense systems.
Sec. 232. Required flight-intercept test of ballistic missile defense 
              groundbased midcourse system.

              Subtitle A--Authorization of Appropriations

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the use of the Department of Defense for 
     research, development, test, and evaluation as follows:

[[Page 11232]]

       (1) For the Army, $9,777,372,000.
       (2) For the Navy, $18,022,140,000.
       (3) For the Air Force, $22,408,212,000.
       (4) For Defense-wide activities, $19,261,263,000, of which 
     $168,458,000 is authorized for the Director of Operational 
     Test and Evaluation.

     SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

       (a) Fiscal Year 2006.--Of the amounts authorized to be 
     appropriated by section 201, $11,418,146,000 shall be 
     available for the Defense Science and Technology Program, 
     including basic research, applied research, and advanced 
     technology development projects.
       (b) Basic Research, Applied Research, and Advanced 
     Technology Development Defined.--For purposes of this 
     section, the term ``basic research, applied research, and 
     advanced technology development'' means work funded in 
     program elements for defense research and development under 
     Department of Defense category 6.1, 6.2, or 6.3.

    Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

     SEC. 212. OBJECTIVE REQUIREMENTS FOR NON-LINE-OF-SIGHT CANNON 
                   SYSTEM NOT TO BE DIMINISHED TO MEET WEIGHT 
                   REQUIREMENTS.

       In carrying out the program required by section 216 of the 
     Bob Stump National Defense Authorization Act for Fiscal Year 
     2003 (Public Law 107-314; 116 Stat. 2482) to provide the Army 
     with a non-line-of-sight cannon capability, the Secretary of 
     Defense shall ensure that the objective requirements set 
     forth in Appendix C of the Operational Requirements Document 
     for the Future Combat Systems, dated April 14, 2003, are not 
     reduced or diminished in order to achieve the weight 
     requirements in existence as of April 14, 2003.

     SEC. 213. INDEPENDENT ANALYSIS OF FUTURE COMBAT SYSTEMS 
                   MANNED GROUND VEHICLE TRANSPORTABILITY 
                   REQUIREMENT.

       (a) Analysis Required.--The Secretary of Defense shall 
     ensure that an independent analysis is carried out with 
     respect to the transportability requirement for the manned 
     ground vehicles under the Future Combat Systems program. The 
     purpose of the analysis shall be to determine whether--
       (1) the requirement can be supported by the projected 
     extended planning period inter-theater and intra-theater 
     airlift force structure;
       (2) the requirement is justified by any likely deployment 
     scenario envisioned by current operational plans;
       (3) mature technologies have been demonstrated that allow 
     the requirement to be met while demonstrating at least equal 
     lethality and survivability compared with the manned ground 
     vehicles intended to be replaced by such manned ground 
     vehicles; and
       (4) the projected unit procurement cost warrants the 
     investment required to deploy such manned ground vehicles.
       (b) Report.--Not later than February 1, 2006, the Secretary 
     shall submit to the congressional defense committees a report 
     on the results of the analysis required by subsection (a).

     SEC. 214. AMOUNTS FOR ARMORED SYSTEMS MODERNIZATION PROGRAM.

       Of the amounts appropriated or otherwise made available 
     pursuant to the authorization of appropriations in section 
     201 for the Armored Systems Modernization program--
       (1) $100,000,000 may be made available for manned ground 
     vehicles in advanced component development and prototypes;
       (2) $2,322,197,000 may be made available for future combat 
     systems common operating environment in systems development 
     and demonstration;
       (3) $47,203,000 may be made available for reconnaissance 
     platforms and sensors in advanced component development and 
     prototypes;
       (4) $58,130,000 may be made available for reconnaissance 
     platforms and sensors in advanced technology development;
       (5) $2,504,000 may be made available for unattended sensors 
     in advanced component development and prototypes; and
       (6) $86,445,000 may be made available for robotic ground 
     systems in advanced component development and prototypes.

     SEC. 215. LIMITATION ON SYSTEMS DEVELOPMENT AND DEMONSTRATION 
                   OF MANNED GROUND VEHICLES UNDER ARMORED SYSTEMS 
                   MODERNIZATION PROGRAM.

       Of the amounts appropriated or otherwise made available 
     pursuant to the authorization of appropriations in section 
     201 for the Armored Systems Modernization program, no funds 
     may be obligated for systems development and demonstration of 
     manned ground vehicles until the objective requirements for 
     those vehicles with respect to lethality and survivability 
     have been met and demonstrated in a relevant environment to 
     be at least equal to the lethality and survivability for the 
     manned ground vehicles to be replaced by those vehicles.

     SEC. 216. TESTING OF INTERNET PROTOCOL VERSION 6 BY NAVAL 
                   RESEARCH LABORATORY.

       (a) In General.--Section 331 of the Ronald W. Reagan 
     National Defense Authorization Act for Fiscal Year 2005 
     (Public Law 108--375; 118 Stat. 1850) is amended--
       (1) by redesignating subsection (d) as subsection (e);
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Testing and Evaluation by Naval Research 
     Laboratory.--In each of fiscal years 2006 through 2008, the 
     Secretary of Defense shall carry out subsection (c) through 
     the Naval Research Laboratory.''; and
       (3) in subsection (e) (as so redesignated) by adding at the 
     end the following new paragraph:
       ``(3) For each of fiscal years 2006 through 2008, the 
     Secretary of Defense shall, not later than the end of that 
     fiscal year, submit to the congressional defense committees a 
     report on the testing and evaluation carried out pursuant to 
     subsection (d).''.
       (b) Funding.--Of the amount authorized to be appropriated 
     by section 201(2), $10,000,000 shall be available in program 
     element 63727D8Z only to carry out section 331 of the Ronald 
     W. Reagan National Defense Authorization Act for Fiscal Year 
     2005.

     SEC. 217. PROGRAM TO DESIGN AND DEVELOP NEXT-GENERATION 
                   NUCLEAR SUBMARINE.

       (a) Program Required.--The Secretary of the Navy shall 
     carry out a program to design and develop a class of nuclear 
     submarines that will serve as a successor to the Virginia 
     class of nuclear submarines.
       (b) Objective.--The objective of the program required by 
     subsection (a) is to develop, for procurement beginning with 
     fiscal year 2014, a nuclear submarine that meets or exceeds 
     the warfighting capability of a submarine of the Virginia 
     class at a cost dramatically lower than the cost of a 
     submarine of the Virginia class.
       (c) Report.--
       (1) In general.--The Secretary of the Navy shall include, 
     with the defense budget justification materials submitted in 
     support of the President's budget for fiscal year 2007 
     submitted to Congress under section 1105 of title 31, United 
     States Code, a report on the program required by subsection 
     (a).
       (2) Contents.--The report shall include--
       (A) an outline of the management approach to be used in 
     carrying out the program;
       (B) the goals for the program; and
       (C) a schedule for the program.

     SEC. 218. EXTENSION OF REQUIREMENTS RELATING TO MANAGEMENT 
                   RESPONSIBILITY FOR NAVAL MINE COUNTERMEASURES 
                   PROGRAMS.

       Section 216 of the National Defense Authorization Act for 
     Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 
     1317), as most recently amended by section 212 of the Bob 
     Stump National Defense Authorization Act for Fiscal Year 2003 
     (Public Law 107-314; 116 Stat. 2480), is amended--
       (1) in subsection (a), by striking ``2008'' and inserting 
     ``2011'';
       (2) in subsection (b)(1) by inserting after ``Secretary of 
     Defense'' the following: ``, and the Secretary of Defense has 
     forwarded to the congressional defense committees,'';
       (3) in subsection (b)(2) by inserting before the semicolon 
     at the end the following: ``and, in so certifying, shall 
     ensure that the budget meets the requirements of section 2437 
     of title 10, United States Code''; and
       (4) by striking subsection (c) and inserting the following 
     new subsection (c):
       ``(c) Notification of Certain Proposed Changes.--
       ``(1) In general.--With respect to a fiscal year, the 
     Secretary may not carry out any change to the naval mine 
     countermeasures master plan or the budget resources for mine 
     countermeasures with respect to that fiscal year until after 
     the Under Secretary of Defense for Acquisition, Technology, 
     and Logistics submits to the

[[Page 11233]]

     congressional defense committees a notification of the 
     proposed change. Such notification shall describe the nature 
     of the proposed change and the effect of the proposed change 
     on the naval mine countermeasures program or related programs 
     with respect to that fiscal year.
       ``(2) Exception.--Paragraph (1) does not apply to a change 
     if both--
       ``(A) the amount of the change is below the applicable 
     reprogramming threshold; and
       ``(B) the effect of the change does not affect the validity 
     of the decision to certify.''.

     SEC. 219. SINGLE JOINT REQUIREMENT FOR HEAVY LIFT ROTORCRAFT.

       (a) Joint Requirement.--The Secretary of the Army and the 
     Secretary of the Navy shall develop a single joint 
     requirement for a next-generation heavy lift rotorcraft for 
     the Army and the Marine Corps.
       (b) Approval by JROC Required.--The Secretary of Defense 
     may not authorize a new program start for the next-generation 
     heavy lift rotocraft until the single joint requirement 
     required by subsection (a) has been approved by the Joint 
     Requirements Oversight Council.

     SEC. 220. REQUIREMENTS FOR DEVELOPMENT OF TACTICAL RADIO 
                   COMMUNICATIONS SYSTEMS.

       (a) Interim Tactical Radio Communications.--The Secretary 
     of Defense shall--
       (1) assess the immediate requirements of the military 
     departments for tactical radio communications systems; and
       (2) ensure that the military departments rapidly acquire 
     tactical radio communications systems utilizing existing 
     technology or mature systems readily available in the 
     commercial marketplace.
       (b) Joint Tactical Radio System.--
       (1) Milestone b.--The Secretary of Defense shall apply 
     Department of Defense Instruction 5000.2 to the Joint 
     Tactical Radio System in a manner that does not permit the 
     Milestone B entrance requirements to be waived.
       (2) Management of funds.--The head of the single joint 
     program office designated under section 213 of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136; 117 Stat. 1416) shall manage and control all 
     research and development funds for the entire Joint Tactical 
     Radio System, including all waveform development.
       (c) Report on Implementation Required.--Not later than 
     February 14, 2006, the Secretary of Defense shall submit to 
     the Committee on Armed Services of the Senate and the 
     Committee on Armed Services of the House of Representatives a 
     report on the implementation of this section.

     SEC. 221. LIMITATION ON SYSTEMS DEVELOPMENT AND DEMONSTRATION 
                   OF PERSONNEL RECOVERY VEHICLE.

       None of the amounts made available pursuant to the 
     authorization of appropriations in section 201 for systems 
     development and demonstration of the Personnel Recovery 
     Vehicle may be obligated until 30 days after the Secretary of 
     Defense submits to the congressional defense committees each 
     of the following:
       (1) The Secretary's certification that the requirements and 
     schedule for the Personnel Recovery Vehicle have been 
     validated by the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics.
       (2) The Secretary's certification that all technologies 
     required to meet the requirements (as validated under 
     paragraph (1)) for the Personnel Recovery Vehicle are mature 
     and demonstrated in a relevant environment.
       (3) The Secretary's certification that no other aircraft, 
     and no other modification of an aircraft, in the inventory of 
     the Department of Defense can meet the requirements (as 
     validated under paragraph (1)) for the Personnel Recovery 
     Vehicle.
       (4) A statement setting forth the independent cost estimate 
     and manpower estimate (as required by section 2434 of title 
     10, United States Code) for the Personnel Recovery Vehicle.

     SEC. 222. SEPARATE PROGRAM ELEMENT REQUIRED FOR EACH 
                   SIGNIFICANT RESEARCH, DEVELOPMENT, TEST, AND 
                   EVALUATION PROJECT.

       (a) Program Elements Specified.--The Secretary of Defense 
     shall ensure that a project is assigned a separate, dedicated 
     program element if--
       (1) the project is carried out or proposed to be carried 
     out using amounts for research, development, test, and 
     evaluation activities; and
       (2) the estimated expenditures and proposed appropriations 
     for that project in the future-years defense program are 
     $100,000,000 or more.
       (b) Display in Budget Justification Materials.--In the 
     budget justification materials submitted to Congress in 
     support of the Department of Defense budget for any fiscal 
     year (as submitted with the budget of the President under 
     section 1105(a) of title 31, United States Code), the amount 
     requested for research, development, test, and evaluation 
     activities shall be set forth in a manner that complies with 
     subsection (a).
       (c) Not Applicable to Missile Defense.--This section does 
     not apply to the Missile Defense Agency.

     SEC. 223. SMALL BUSINESS INNOVATION RESEARCH PHASE III 
                   ACCELERATION PILOT PROGRAM.

       (a) Pilot Program to Expand Role of Small Business Concerns 
     in Defense Acquisition.--
       (1) Pilot program.--The Secretary of Defense shall 
     designate the Secretary of a military department to carry out 
     a pilot program, to be known as the ``Small Business 
     Innovation Research Phase III Acceleration Pilot Program'' to 
     expand the role of small business concerns in the defense 
     acquisition process by designating certain Department of 
     Defense research or research and development projects for 
     accelerated transition under the Small Business Innovation 
     Research Program (in this section referred to as the SBIR 
     program), as defined in section 9(e)(4) of the Small Business 
     Act (15 U.S.C. 638(e)(4)).
       (2) Accelerated transition.--In this section, the term 
     ``accelerated transition'' means the expeditious transfer 
     under existing authority from the second phase of the SBIR 
     program (as described in section 9(e)(4)(B) of the Small 
     Business Act (15 U.S.C. 638(e)(4)(B))) to the third phase, in 
     which applications of research or research and development 
     projects are funded (as described in section 9(e)(4)(C)(i) of 
     such Act).
       (b) Designation of Projects for Accelerated Transition.--
     For each of fiscal years 2006 through 2008, the Secretary 
     designated under subsection (a)(1) shall designate for 
     accelerated transition under the pilot program under this 
     section at least 10 research or research and development 
     projects for which funds have been provided by that Secretary 
     through a second phase award under the SBIR program.
       (c) Report.--Not later than September 30, 2008, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report which contains the following:
       (1) The name of each research or research and development 
     project designated for accelerated transition under 
     subsection (b).
       (2) The rationale behind the selection of each such 
     project.
       (3) A recommendation as to whether the pilot program under 
     this section should be extended.
       (d) Definition.--In this section, the term ``research'' or 
     ``research and development'' has the same meaning as in 
     section 9(e)(5) of the Small Business Act (15 U.S.C. 
     638(e)(5)).

     SEC. 224. REVISED REQUIREMENTS RELATING TO SUBMISSION OF 
                   JOINT WARFIGHT-
                   ING SCIENCE AND TECHNOLOGY PLAN.

       (a) Biennial Submittal.--Section 270 of the National 
     Defense Authorization Act for Fiscal Year 1997 (Public Law 
     104-201; 10 U.S.C. 2501 note) is amended--
       (1) by striking ``annual'' in the section 
     heading and inserting ``biennial'' ; and
       (2) by striking ``(a) Annual Plan Required.--On March 1 of 
     each year'' and inserting ``Not later than March 1 of each 
     even-numbered year,''.
       (b) Repeal of Requirement for Inclusion of Technology Area 
     Review and Assessment Summaries.--Subsection (b) of such 
     section is repealed.

     SEC. 225. SHIPBUILDING INDUSTRIAL BASE IMPROVEMENT PROGRAM 
                   FOR DEVELOPMENT OF INNOVATIVE SHIPBUILDING 
                   TECHNOLOGIES, PROCESSES, AND FACILITIES.

       (a) Program for United States Private Shipyards.--The 
     Secretary of the Navy shall establish a program under which 
     the Secretary shall provide funds, in such amounts as are 
     made available to carry out this program--
       (1) to qualified applicants to facilitate the development 
     of innovative design and production technologies and 
     processes for naval vessels and the development of modernized 
     shipbuilding infrastructure; and
       (2) to private shipyards to facilitate their acquisition of 
     such technologies, processes, and infrastructure.
       (b) Purposes of Program.--The purposes of the program 
     referred to in subsection (a) are--
       (1) to improve the efficiency and cost-effectiveness of the 
     construction of naval vessels for the United States;
       (2) to enhance the quality of naval vessel construction; 
     and
       (3) to promote the international competitiveness of United 
     States shipyards for the construction of commercial ships and 
     naval ships intended for sale to foreign governments.
       (c) Application for Development Funding.--An entity 
     requesting assistance under the program referred to in 
     subsection (a) to develop new design or production 
     technologies or processes for naval vessels or to improve 
     shipbuilding infrastructure shall submit to the Secretary of 
     the Navy an application that describes the proposal of the 
     entity and provides evidence of its capability to develop one 
     or more of the following:
       (1) Numerically controlled machine tools, robots, automated 
     process control equipment, computerized flexible 
     manufacturing systems, associated computer software, and 
     other technology designed to improve shipbuilding and related 
     industrial productivity.
       (2) Novel techniques and processes designed to improve 
     shipbuilding quality, productivity, and practice on a broad 
     and sustained basis, including in such areas as engineering 
     design, quality assurance, concurrent engineering, continuous 
     process production technology, employee skills enhancement, 
     and management of customers and suppliers.
       (3) Technology, techniques, and processes appropriate to 
     enhancing the productivity of shipyard infrastructure.
       (d) Selection of Participating Entities.--Using the 
     applications submitted under subsection (c), the Secretary of 
     the Navy shall select entities to receive funds under 
     subsection (a)(1) based on their ability to research and 
     develop innovative technologies, processes, and 
     infrastructure to alleviate areas of shipyard construction 
     inefficiencies discovered under the assessment described in 
     subsection (f).
       (e) Shipyard Use of Developed Technologies, Processes, and 
     Infrastructure.--

[[Page 11234]]

     Upon making a determination that a technology, process, or 
     infrastructure improvement developed using funds provided 
     under subsection (a)(1) will improve the productivity and 
     cost-effectiveness of naval vessel construction, the 
     Secretary of the Navy may provide funds under subsection 
     (a)(2) to a shipyard to facilitate the purchase of such 
     technology, process, or infrastructure improvement.
       (f) Assessments of Naval Vessel Construction 
     Inefficiencies.--
       (1) Periodic assessments required.--The Secretary of the 
     Navy shall conduct, in the third quarter of each fiscal year 
     or as often as necessary, an assessment of the following 
     aspects of naval vessel construction to determine where and 
     to what extent inefficiencies exist and to what extent 
     innovative design and production technologies, processes, and 
     infrastructure can be developed to alleviate such 
     inefficiencies:
       (A) Program design, engineering, and production 
     engineering.
       (B) Organization and operating systems.
       (C) Steelwork production.
       (D) Ship construction and outfitting.
       (2) Relation to independent navy ship construction 
     assessment.--The assessments required by paragraph (1) shall 
     occur subsequent to, and take into consideration the results 
     of, the study of the cost effectiveness of the ship 
     construction program of the Navy required by section 1014 of 
     the Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2041).
       (g) Availability of Funds.--Of the amount authorized to be 
     appropriated pursuant to section 201(2) for research, 
     development, test, and evaluation for the Navy, $100,000,000 
     shall be available to the Secretary of the Navy only to 
     provide assistance under this section.
       (h) Definitions.--In this section:
       (1) The term ``shipyard'' means a private shipyard located 
     in the United States whose business includes the 
     construction, repair, and maintenance of United States naval 
     vessels.
       (2) The term ``vessel'' has the meaning given such term in 
     title 1, United States Code.

     SEC. 226. RENEWAL OF UNIVERSITY NATIONAL OCEANOGRAPHIC 
                   LABORATORY SYSTEM FLEET.

       (a) Program Plan.--The Secretary of the Navy shall develop 
     a plan for a program to renew the University National 
     Oceanographic Laboratory System (UNOLS) fleet. The Secretary 
     shall include in the plan provisions for the construction of 
     up to four Ocean-class ships.
       (b) Funding for Preliminary Design and Feasibility 
     Studies.--Of the amount provided in section 201 for fiscal 
     year 2006 for the Navy, $4,000,000 is available, through 
     Program Element PE 63564N (Ship Preliminary Design and 
     Feasibility Studies), to conduct feasibility assessments and 
     initiate design of the first Ocean-class ship that would be 
     constructed under the program referred to in subsection (a).

     SEC. 227. LIMITATION ON VXX HELICOPTER PROGRAM.

       No funds available to the Department of Defense for 
     research, development, test, and evaluation, or for 
     procurement, may be obligated for acquisition of pilot 
     production helicopters for the VXX helicopter program until 
     the Secretary of the Navy certifies to the congressional 
     defense committees that the results of tests conducted by the 
     fleet of test article helicopters for the VXX program 
     demonstrate that VXX helicopters in the VXX mission 
     configuration can be produced without significant further 
     design modification.

                  Subtitle C--Missile Defense Programs

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

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

     SEC. 232. REQUIRED FLIGHT-INTERCEPT TEST OF BALLISTIC MISSILE 
                   DEFENSE GROUNDBASED MIDCOURSE SYSTEM.

       Of the amount provided for the Missile Defense Agency in 
     section 201(4) for defense-wide research, development, test, 
     and evaluation, the amount of $100,000,000, in addition to 
     amounts otherwise available for the Ballistic Missile Defense 
     Midcourse Defense Segment, shall be provided to conduct one 
     flight-intercept test of the Ballistic Missile Defense 
     Groundbased Midcourse system in addition to the flight tests 
     planned for that system as of the submission of the 
     President's budget for fiscal year 2006. The interceptor for 
     such additional flight-intercept test shall be launched from 
     an operational silo, and the test shall be conducted as soon 
     as practicable.

                  TITLE III--OPERATION AND MAINTENANCE

              Subtitle A--Authorization of Appropriations

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

                  Subtitle B--Environmental Provisions

Sec. 311. Revision of required content of environmental quality annual 
              report.
Sec. 312. Pilot project on compatible use buffers on real property 
              bordering Fort Carson, Colorado.
Sec. 313. Repeal of Air Force report on military installation 
              encroachment issues.
Sec. 314. Payment of certain private cleanup costs in connection with 
              Defense Environmental Restoration Program.

                 Subtitle C--Workplace and Depot Issues

Sec. 321. Proceeds from cooperative activities with non-Army entities.
Sec. 322. Public-private competition.
Sec. 323. Public-private competition pilot program.
Sec. 324. Sense of Congress on equitable legal standing for civilian 
              employees.

              Subtitle D--Extension of Program Authorities

Sec. 331. Extension of authority to provide logistics support and 
              services for weapons systems contractors.
Sec. 332. Extension and revision of temporary authority for contractor 
              performance of security guard functions.

                Subtitle E--Utah Test and Training Range

Sec. 341. Definitions.
Sec. 342. Military operations and overflights, Utah Test and Training 
              Range.
Sec. 343. Planning process for Federal lands in Utah Test and Training 
              Range.
Sec. 344. Designation and management of Cedar Mountain Wilderness, 
              Utah.
Sec. 345. Identification of additional Bureau of Land Management land 
              in Utah as trust land for Skull Valley Band of Goshutes.
Sec. 346. Relation to other lands and laws.

                       Subtitle F--Other Matters

Sec. 351. Codification and revision of limitation on modification of 
              major items of equipment scheduled for retirement or 
              disposal.
Sec. 352. Limitation on purchase of investment items with operation and 
              maintenance funds.
Sec. 353. Provision of Department of Defense support for certain 
              paralympic sporting events.
Sec. 354. Development and explanation of budget models for base 
              operations support, sustainment, and facilities 
              recapitalization.
Sec. 355. Report on Department of Army programs for prepositioning of 
              equipment and other materiel.
Sec. 356. Report regarding effect on military readiness of undocumented 
              immigrants trespassing upon operational ranges.
Sec. 357. Congressional notification requirements regarding placement 
              of liquefied natural gas facilities, pipelines, and 
              related structures on defense lands.
Sec. 358. Report regarding army and air force exchange system 
              management of army lodging.

              Subtitle A--Authorization of Appropriations

     SEC. 301. OPERATION AND MAINTENANCE FUNDING.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     expenses, not otherwise provided for, for operation and 
     maintenance, in amounts as follows:
       (1) For the Army, $24,383,873,000.
       (2) For the Navy, $30,312,736,000.
       (3) For the Marine Corps, $3,631,277,000.
       (4) For the Air Force, $30,559,135,000.
       (5) For Defense-wide activities, $18,375,781,000.
       (6) For the Army Reserve, $1,998,282,000.
       (7) For the Naval Reserve, $1,245,695,000.
       (8) For the Marine Corps Reserve, $207,434,000.
       (9) For the Air Force Reserve, $2,501,686,000.
       (10) For the Army National Guard, $4,521,119,000.
       (11) For the Air National Guard, $4,727,091,000.
       (12) For the United States Court of Appeals for the Armed 
     Forces, $11,236,000.
       (13) For Environmental Restoration, Army, $407,865,000.
       (14) For Environmental Restoration, Navy, $305,275,000.
       (15) For Environmental Restoration, Air Force, 
     $406,461,000.
       (16) For Environmental Restoration, Defense-wide, 
     $28,167,000.
       (17) For Environmental Restoration, Formerly Used Defense 
     Sites, $221,921,000.
       (18) For Overseas Humanitarian, Disaster, and Civic Aid 
     programs, $61,546,000.
       (19) For Cooperative Threat Reduction programs, 
     $415,549,000.
       (20) For the Overseas Contingency Operations Transfer Fund, 
     $20,000,000.

     SEC. 302. WORKING CAPITAL FUNDS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the use of the Armed Forces and other 
     activities and agencies of the Department of Defense for 
     providing capital for working capital and revolving funds in 
     amounts as follows:
       (1) For the Defense Working Capital Funds, $316,340,000.
       (2) For the National Defense Sealift Fund, $1,697,023,000.
       (3) For the Defense Working Capital Fund, Defense 
     Commissary, $1,155,000,000.

[[Page 11235]]



     SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

       (a) Defense Health Program.--Funds are hereby authorized to 
     be appropriated for the Department of Defense for fiscal year 
     2006 for expenses, not otherwise provided for, for the 
     Defense Health Program, in the amount of $19,756,194,000, of 
     which--
       (1) $19,204,219,000 is for Operation and Maintenance;
       (2) $176,656,000 is for Research, Development, Test, and 
     Evaluation; and
       (3) $375,319,000 is for Procurement.
       (b) Chemical Agents and Munitions Destruction, Defense.--
       (1) Authorization of appropriations.--Funds are hereby 
     authorized to be appropriated for the Department of Defense 
     for fiscal year 2006 for expenses, not otherwise provided 
     for, for Chemical Agents and Munitions Destruction, Defense, 
     in the amount of $1,405,827,000, of which--
       (A) $1,241,514,000 is for Operation and Maintenance;
       (B) $116,527,000 is for Research, Development, Test, and 
     Evaluation; and
       (C) $47,786,000 is for Procurement.
       (2) Use.--Amounts authorized to be appropriated under 
     paragraph (1) are authorized for--
       (A) the destruction of lethal chemical agents and munitions 
     in accordance with section 1412 of the Department of Defense 
     Authorization Act, 1986 (50 U.S.C. 1521); and
       (B) the destruction of chemical warfare materiel of the 
     United States that is not covered by section 1412 of such 
     Act.
       (c) Drug Interdiction and Counter-Drug Activities, Defense-
     wide.--Funds are hereby authorized to be appropriated for the 
     Department of Defense for fiscal year 2006 for expenses, not 
     otherwise provided for, for Drug Interdiction and Counter-
     Drug Activities, Defense-wide, in the amount of $895,741,000.
       (d) Defense Inspector General.--Funds are hereby authorized 
     to be appropriated for the Department of Defense for fiscal 
     year 2006 for expenses, not otherwise provided for, for the 
     Office of the Inspector General of the Department of Defense, 
     in the amount of $174,487,000, of which--
       (1) $173,487,000 is for Operation and Maintenance; and
       (2) $1,000,000 is for Procurement; and

                  Subtitle B--Environmental Provisions

     SEC. 311. REVISION OF REQUIRED CONTENT OF ENVIRONMENTAL 
                   QUALITY ANNUAL REPORT.

       Section 2706(b)(2) of title 10, United States Code, is 
     amended--
       (1) by striking subparagraphs (D), (E), and (F); and
       (2) by inserting after subparagraph (C) the following new 
     subparagraph (D):
       ``(D) A statement of the amounts expended, and anticipated 
     to be expended, during the period covered by the report for 
     any activities overseas related to the environment, including 
     amounts for activities relating to environmental remediation, 
     compliance, conservation, and pollution prevention.''.

     SEC. 312. PILOT PROJECT ON COMPATIBLE USE BUFFERS ON REAL 
                   PROPERTY BORDERING FORT CARSON, COLORADO.

       (a) Pilot Project Required.--The Secretary of Defense shall 
     carry out a pilot project at Fort Carson, Colorado, for 
     purposes of evaluating the feasibility and effectiveness of 
     utilizing conservation easements and leases granted by one or 
     more willing eligible entity to limit development on real 
     property in the vicinity of military installations in the 
     United States.
       (b) Phases.--The Secretary shall carry out the pilot 
     project in four phases, as specified in the Fort Carson Army 
     Compatible Use Buffer Project.
       (c) Lease and Easement Agreements; Purpose.--Under the 
     pilot project, the Secretary shall enter into agreements with 
     one or more willing eligible entities to purchase from the 
     entity or entities one or more conservation easements, or to 
     lease from the entity or entities one or more conservation 
     leases, on real property in the vicinity of Fort Carson for 
     the purposes of limiting any development or use of the 
     property that would be incompatible with the current and 
     anticipated future missions of Fort Carson.
       (d) Encroachments and Other Constraints on Use.--In 
     entering into agreements under the pilot project, the 
     Secretary may utilize, subject to this section, the authority 
     for agreements under subsection (c) to limit encroachments 
     and other constraints on military training, testing, and 
     operations under section 2684a of title 10, United States 
     Code.
       (e) Expiration.--The authority of the Secretary to enter 
     into agreements under the pilot project shall expire on the 
     earlier of--
       (1) the date of the completion of phase IV of the Fort 
     Carson Army Compatible Use Buffer Project; or
       (2) the date that is five years after the date of the 
     enactment of this Act.
       (f) Definitions.--In this section:
       (1) The term ``eligible entity'' means any of the 
     following:
       (A) The State of Colorado or a political subdivision of the 
     State.
       (B) A private entity that has as its stated principal 
     organizational purpose or goal the conservation, restoration, 
     or preservation of land and natural resources, or a similar 
     purpose or goal, as determined by the Secretary.
       (2) The term ``Fort Carson Army Compatible Use Buffer 
     Project'' means the plan developed for Fort Carson to use 
     conservation easements and leases on property in the vicinity 
     of Fort Carson to create a land buffer to accommodate current 
     and future missions at Fort Carson, while also conserving 
     sensitive natural resources.

     SEC. 313. REPEAL OF AIR FORCE REPORT ON MILITARY INSTALLATION 
                   ENCROACHMENT ISSUES.

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

     SEC. 314. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS IN 
                   CONNECTION WITH DEFENSE ENVIRONMENTAL 
                   RESTORATION PROGRAM.

       (a) Activities at Former Defense Property Subject to 
     Covenant for Additional Remedial Action.--Section 2701(d) of 
     title 10, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by inserting ``any owner of covenant property,'' after 
     ``any Indian tribe,''; and
       (B) by inserting ``owner,'' after ``, Indian tribe,'';
       (2) in paragraph (3), by adding at the end the following 
     new sentence: ``An agreement under such paragraph with 
     respect to a site also may not change the cleanup standards 
     selected for the site pursuant to law.'';
       (3) in paragraph (4), by adding at the end the following 
     new subparagraph:
       ``(C) The term `owner of covenant property' means an owner 
     of property subject to a covenant provided by the United 
     States in accordance with the requirements of paragraphs (3) 
     and (4) of section 120(h) of CERCLA (42 U.S.C. 9620(h)), so 
     long as the covenant property is the site at which the 
     services procured under paragraph (1) are to be performed.''; 
     and
       (4) by adding at the end the following new paragraph:
       ``(5) Savings clause.--Nothing in this subsection affects 
     the applicability of section 120 of CERCLA (42 U.S.C. 6920) 
     to the Department of Defense or the obligations and 
     responsibilities of the Department of Defense under 
     subsection (h) of such section.''.
       (b) Source of Funds for Former BRAC Property Subject to 
     Covenant for Additional Remedial Action.--Section 2703 of 
     such title is amended--
       (1) in subsection (g)(1), by striking ``The sole source'' 
     and inserting ``Except as provided in subsection (h), the 
     sole source''; and
       (2) by adding at the end the following new subsection:
       ``(h) Sole Source of Funds for Environmental Remediation at 
     Certain Base Realignment and Closure Sites.--In the case of 
     property disposed of pursuant to a base closure law and 
     subject to a covenant that was required to be provided by 
     paragraphs (3) and (4) of section 120(h) of CERCLA (42 U.S.C. 
     9620(h)), the sole source of funds for services procured 
     under subsection 2701(d)(1) of this title shall be the 
     applicable Department of Defense base closure account.''.

                 Subtitle C--Workplace and Depot Issues

     SEC. 321. PROCEEDS FROM COOPERATIVE ACTIVITIES WITH NON-ARMY 
                   ENTITIES.

       Section 4544 of title 10, United States Code, is amended--
       (1) by redesignating subsections (h) through (j) as 
     subsections (i) through (k), respectively; and
       (2) by inserting after subsection (g) the following new 
     subsection:
       ``(h) Proceeds Credited to Working Capital Fund.--Proceeds 
     received from the sale of an article or service pursuant to a 
     contract or other cooperative arrangement under this section 
     shall be credited to the working capital fund that incurs the 
     cost of manufacturing the article or performing the 
     service.''.

     SEC. 322. PUBLIC-PRIVATE COMPETITION.

       Section 2461(b) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(5)(A) A function of the Department of Defense performed 
     by 10 or more civilian employees may not be converted, in 
     whole or in part, to performance by a contractor unless the 
     conversion is based on the results of a public-private 
     competition process that--
       ``(i) formally compares the cost of civilian employee 
     performance of the function with the costs of performance by 
     a contractor;
       ``(ii) creates an agency tender, including a most efficient 
     organization plan, in accordance with Office of Management 
     and Budget Circular A-76, as implemented on May 29, 2003;
       ``(iii) determines whether the submitted offers meet the 
     needs of the Department of Defense with respect to factors 
     other than cost, including quality and reliability; and
       ``(iv) requires continued performance of the function by 
     civilian employees if the difference in the cost of 
     performance of the function by a contractor compared to the 
     civilian employees would, over all performance periods 
     required by the solicitation, be less than--
       ``(I) 10 percent of the personnel-related costs for 
     performance of that activity or function in the agency 
     tender; or
       ``(II) $10,000,000.
       ``(B) An activity that is performed by the Department of 
     Defense and is reengineered, reorganized, modernized, 
     upgraded, expanded, or changed to become more efficient, but 
     still essentially provides the same service, shall not be 
     considered a new requirement.
       ``(C) In no case may a commercial or industrial type 
     function being performed by Department of Defense personnel 
     be modified, reorganized, divided, or in any way changed for 
     the purpose of exempting from the requirements of subsection 
     (a) the change of all or any part of

[[Page 11236]]

     such function to performance by a private contractor.
       ``(D) The Secretary of Defense may waive the competition 
     requirement in specific instances if--
       ``(i) the written waiver is prepared by the Secretary of 
     Defense, or the relevant Assistant Secretary or agency head; 
     and
       ``(ii) the written waiver is accompanied by a detailed 
     determination that national security interests are so 
     compelling as to preclude compliance with the requirement for 
     a public-private competition.''.

     SEC. 323. PUBLIC-PRIVATE COMPETITION PILOT PROGRAM.

       (a) Establishment.--The Secretary of Defense shall 
     establish a pilot program to examine the use of the public-
     private competition process of Office of Management and 
     Budget Circular A-76, as defined by such Circular, and 
     functions currently being performed by contractors that could 
     be performed by civilian employees of the Department of 
     Defense.
       (b) Process and Criteria.--
       (1) The process and criteria for competition under the 
     pilot program established in subsection (a) shall be 
     consistent with the criteria for conducting a similar 
     competition for work performed by the public sector.
       (2) The pilot program shall include not less than four 
     competitions.
       (c) Report.--The Secretary of Defense shall submit a report 
     to Congress on the results of the competitions conducted 
     under the pilot program and any potential benefit or 
     detriment of expanding the pilot program.
       (d) Termination.--The pilot program established under this 
     subsection shall terminate on the date that is three years 
     after the date of the enactment of this Act.

     SEC. 324. SENSE OF CONGRESS ON EQUITABLE LEGAL STANDING FOR 
                   CIVILIAN EMPLOYEES.

       It is the sense of Congress that, in order to ensure that 
     when public-private competitions are held, they are conducted 
     as fairly, effectively, and efficiently as possible, 
     competing parties, both Department of Defense civilian 
     employees (or their representatives) and contractors (or 
     their representatives), should receive comparable treatment 
     throughout the competition regarding access to relevant 
     information and legal standing to challenge the way a 
     competition has been conducted at all appropriate forums.

              Subtitle D--Extension of Program Authorities

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

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

     SEC. 332. EXTENSION AND REVISION OF TEMPORARY AUTHORITY FOR 
                   CONTRACTOR PERFORMANCE OF SECURITY GUARD 
                   FUNCTIONS.

       Section 332(c) of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 107-314; 
     116 Stat. 2513) is amended--
       (1) by striking ``2006'' each place it appears and 
     inserting ``2008''; and
       (2) by adding at the end the following new paragraphs:
       ``(3) No contract, subcontract, or task order for the 
     performance of security-guard functions at a military 
     installation or facility in the United States awarded before 
     September 30, 2006, shall be extended beyond September 30, 
     2006.
       ``(4) A contract for the performance of security-guard 
     functions at a military installation or facility in the 
     United States awarded on or after September 30, 2006, shall 
     be awarded using full and open competition, as authorized 
     under section 2304 of title 10, United States Code. Section 
     602 of the Business Opportunity Development Reform Act of 
     1988 (Public Law 100-656; 15 U.S.C. 637 note) shall not apply 
     to such a contract.''.

                Subtitle E--Utah Test and Training Range

     SEC. 341. DEFINITIONS.

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

     SEC. 342. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND 
                   TRAINING RANGE.

       (a) Findings.--The Congress finds the following:
       (1) The testing and development of military weapons systems 
     and the training of military forces are critical to ensuring 
     the national security of the United States.
       (2) The Utah Test and Training Range in the State of Utah 
     is a unique and irreplaceable national asset at the core of 
     the test and training mission of the Department of Defense.
       (3) The Cedar Mountain Wilderness Area designated by 
     section 344, as well as several wilderness study areas, are 
     located near lands withdrawn for military use or are beneath 
     special use airspace critical to the support of military test 
     and training missions at the Utah Test and Training Range.
       (4) The Utah Test and Training Range and special use 
     airspace withdrawn for military uses create unique management 
     circumstances for the covered wilderness in this subtitle, 
     and it is not the intent of Congress that passage of this 
     subtitle shall be construed as establishing a precedent with 
     respect to any future national conservation area or 
     wilderness designation.
       (5) Continued access to the special use airspace and lands 
     that comprise the Utah Test and Training Range, under the 
     terms and conditions described in this section, is a national 
     security priority and is not incompatible with the protection 
     and proper management of the natural, environmental, 
     cultural, and other resources of such lands.
       (b) Overflights.--Nothing in this subtitle or the 
     Wilderness Act shall preclude low-level overflights and 
     operations of military aircraft, helicopters, missiles, or 
     unmanned aerial vehicles over the covered wilderness, 
     including military overflights and operations that can be 
     seen or heard within the covered wilderness.
       (c) Special Use Airspace and Training Routes.--Nothing in 
     this subtitle or the Wilderness Act shall preclude the 
     designation of new units of special use airspace, the 
     expansion of existing units of special use airspace, or the 
     use or establishment of military training routes over the 
     covered wilderness.
       (d) Communications and Tracking Systems.--Nothing in this 
     subtitle shall prevent any required maintenance of existing 
     communications, instrumentation, or electronic tracking 
     systems (or infrastructure supporting such systems) or 
     prevent the installation of new communication, 
     instrumentation, or other equipment necessary for effective 
     testing and training to meet military requirements in 
     wilderness study areas located beneath special use airspace 
     comprising the Utah Test and Training Range, including the 
     Deep Creek, Fish Springs, Swasey Mountain, Howell Peak, Notch 
     Peak, King Top, Wah Wah Mountain, and Conger Mountain units 
     designated by the Department of Interior, so long as the 
     Secretary of the Interior, after consultation with the 
     Secretary of the Air Force, determines that the installation 
     and maintenance of such systems, when considered both 
     individually and collectively, comply with section 603 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1782).
       (e) Emergency Access and Response.--Nothing in this 
     subtitle or the Wilderness Act shall preclude the 
     continuation of the memorandum of understanding in existence 
     as of the date of enactment of this Act between the 
     Department of the Interior and the Department of the Air 
     Force with respect to emergency access and response.
       (f) Prohibition on Ground Military Operations.--Except as 
     provided in subsections (d) and (e), nothing in this section 
     shall be construed to permit a military operation to be 
     conducted on the ground in covered wilderness in the Utah 
     Test and Training Range unless such ground operation is 
     otherwise permissible under Federal law and consistent with 
     the Wilderness Act.

     SEC. 343. PLANNING PROCESS FOR FEDERAL LANDS IN UTAH TEST AND 
                   TRAINING RANGE.

       (a) Analysis of Military Readiness and Operational 
     Impacts.--The Secretary of the Interior shall develop, 
     maintain, and revise land use plans pursuant to section 202 
     of the Federal Land Policy and Management Act of 1976 (43 
     U.S. C. 1712) for Federal lands located in the Utah Test and 
     Training Range in consultation with the Secretary of Defense. 
     As part of the required consultation in connection with a 
     proposed revision of a land use plan, the Secretary of 
     Defense shall prepare and transmit to the Secretary of the 
     Interior an analysis of the military readiness and 
     operational impacts of the proposed revision within six 
     months of a request from the Secretary of Interior.
       (b) Limitation on Rights-of-ways.--The Secretary of the 
     Interior shall not grant or issue any authorizations for 
     rights-of-way under section 501(a)(6) of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1761(a)(6)) upon 
     Federal lands identified as inventory units UTU-020-086, UTU-
     020-088, UTU-020-095, UTU-020-096, UTU-020-100, UTU-020-101, 
     UTU-020-103, UTU-020-104, UTU-020-105, and UTU-020-110, as 
     generally depicted on the map entitled ``Wilderness 
     Inventory, State of Utah'' and dated August 1979, until the 
     later of the following:
       (1) The completion of a full revision of the Pony Express 
     Area Resource Management Plan, dated January 12, 1990, by the 
     Salt Lake Field Office of the Bureau of Land Management.
       (2) January 1, 2015.

     SEC. 344. DESIGNATION AND MANAGEMENT OF CEDAR MOUNTAIN 
                   WILDERNESS, UTAH.

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

[[Page 11237]]

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

     SEC. 345. IDENTIFICATION OF ADDITIONAL BUREAU OF LAND 
                   MANAGEMENT LAND IN UTAH AS TRUST LAND FOR SKULL 
                   VALLEY BAND OF GOSHUTES.

       (a) Identification of Trust Land.--The Secretary of the 
     Interior shall identify approximately 640 additional acres of 
     Bureau of Land Management land in the State of Utah to be 
     administered in trust for the benefit of the Skull Valley 
     Band of Goshutes.
       (b) Special Considerations.--In identifying the land under 
     subsection (a), the Secretary of the Interior shall--
       (1) consult with leaders of the Tribe and the Governor of 
     Utah; and
       (2) ensure that the land has ready access to State or 
     Federal highways and, in the judgment of the Secretary, 
     provides the best opportunities for commercial economic 
     development in closest proximity to other lands of the Tribe.
       (c) Placement in Trust.--Not later than December 31, 2005, 
     the Secretary of the Interior shall place the land identified 
     pursuant to subsection (a) into trust for the purposes of 
     economic development for the Tribe. At least 30 days before 
     placing the land in trust for the Tribe, the Secretary shall 
     publish in the Federal Register legal descriptions of the 
     land to be placed in trust.
       (d) Management of Trust Land.--The land placed into trust 
     for the Tribe under subsection (c) shall be administered in 
     accordance with laws generally applicable to property held in 
     trust by the United States for Indian Tribes, except that the 
     land shall immediately revert to the administrative control 
     of the Bureau of Land Management if the Tribe sells, or 
     attempts to sell, any part of the land.
       (e) Effect.--Nothing in this section--
       (1) affects any valid right-of-way, lease, permit, mining 
     claim, grazing permit, water right, or other right or 
     interest of any person or entity (other than the United 
     States) in or to the trust land that exists before the date 
     on which the land is placed in trust for the Tribe under 
     subsection (c);
       (2) enlarges, impairs, or otherwise affects a right or 
     claim of the Tribe to any land or interest in land based on 
     Aboriginal or Indian title that exists before the date of the 
     enactment of this Act;
       (3) constitutes an express or implied reservation of water 
     or water right for any purpose with respect to the trust 
     land; or
       (4) affects any water right of the Tribe that exists before 
     the date of the enactment of this Act.

     SEC. 346. RELATION TO OTHER LANDS AND LAWS.

       (a) Other Lands.--Nothing in this subtitle shall be 
     construed to affect any Federal lands located outside of the 
     covered wilderness or the management of such lands.
       (b) Conforming Repeal.--Section 2815 of the National 
     Defense Authorization Act for Fiscal Year 2000 (Public Law 
     106-65; 113 Stat. 852) is amended by striking subsection (d).

                       Subtitle F--Other Matters

     SEC. 351. CODIFICATION AND REVISION OF LIMITATION ON 
                   MODIFICATION OF MAJOR ITEMS OF EQUIPMENT 
                   SCHEDULED FOR RETIREMENT OR DISPOSAL.

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

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

       ``(a) Prohibition.--Except as otherwise provided in this 
     section, the Secretary of a military department may not carry 
     out a significant modification of an aircraft, weapon, 
     vessel, or other item of equipment that the Secretary plans 
     to retire or otherwise dispose of within five years after the 
     date on which the modification, if carried out, would be 
     completed.
       ``(b) Significant Modification Defined.--In this section, a 
     significant modification is any modification for which the 
     cost is in an amount equal to or greater than $1,000,000.
       ``(c) Exception for Safety Modifications.--The prohibition 
     in subsection (a) does not apply to a safety modification.
       ``(d) Waiver Authority.--The Secretary concerned may waive 
     the prohibition in subsection (a) in the case of any 
     modification otherwise subject to that subsection if the 
     Secretary determines that carrying out the modification is in 
     the national security interest of the United States. Whenever 
     the Secretary issues such a waiver, the Secretary shall 
     notify the congressional defense committees in writing.''.
       (b) Clerical Amendment.--The table of section at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2244 the following new item:

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

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

     SEC. 352. LIMITATION ON PURCHASE OF INVESTMENT ITEMS WITH 
                   OPERATION AND MAINTENANCE FUNDS.

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

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

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

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

     SEC. 353. PROVISION OF DEPARTMENT OF DEFENSE SUPPORT FOR 
                   CERTAIN PARALYMPIC SPORTING EVENTS.

       Section 2564 of title 10, United States Code, is amended--
       (1) in subsection (c), by adding at the end the following 
     new paragraphs:
       ``(4) A sporting event sanctioned by the United States 
     Olympic Committee through the Paralympic Military Program.
       ``(5) A national or international paralympic sporting event 
     (other than one covered by paragraph (3) or (4))--
       ``(A) which is--
       ``(i) held in the United States or any of its territories 
     or commonwealths;
       ``(ii) governed by the International Paralympic Committee; 
     and
       ``(iii) sanctioned by the United States Olympic Committee; 
     and
       ``(B) for which participation exceeds 500 amateur 
     athletes.''; and
       (2) in subsection (d)--
       (A) by inserting ``(1)'' before ``The Secretary''; and
       (B) by adding at the end the following new paragraph:
       ``(2) No more than $1,000,000 may be expended in any fiscal 
     year to provide support for events

[[Page 11238]]

     specified under paragraph (5) of subsection (c).''.

     SEC. 354. DEVELOPMENT AND EXPLANATION OF BUDGET MODELS FOR 
                   BASE OPERATIONS SUPPORT, SUSTAINMENT, AND 
                   FACILITIES RECAPITALIZATION.

       (a) Reports on Models Used.--The Secretary of Defense shall 
     include with the defense budget materials for fiscal years 
     2007 through 2011 a report describing the models used to 
     prepare the budget requests for base operations support, 
     sustainment, and facilities recapitalization.
       (b) Content of Reports.--The report for a fiscal year under 
     subsection (a) shall include the following:
       (1) An explanation of the methodology used to develop each 
     model and, if there have been any changes to the methodology 
     since the previous report, an explanation of the changes and 
     the reasons therefor.
       (2) A description of the items contained in each model.
       (3) An explanation of whether the models are being applied 
     to each military department and Defense Agencies under common 
     definitions of base operations support, sustainment, and 
     facilities recapitalization and, if common definitions are 
     not being used, an explanation of the differences and the 
     reasons therefor.
       (4) A description of the requested funding levels for base 
     operations support, sustainment, and facilities 
     recapitalization for the fiscal year covered by the defense 
     budget materials and the funding goals established for base 
     operations support, sustainment, and facilities 
     recapitalization for at least the four succeeding fiscal 
     years.
       (5) If the requested funding levels for base operations 
     support, sustainment, and facilities recapitalization for the 
     fiscal year covered by the defense budget materials deviate 
     from the goals for that fiscal year contained in the 
     preceding report, or the funding goals established for 
     succeeding fiscal years deviate from the goals for those 
     fiscal years contained in the preceding report, a 
     justification for the funding levels and goals and an 
     explanation of the reasons for the changes from the preceding 
     report.
       (c) Defense Budget Materials Defined.--In this section, the 
     term ``defense budget materials'' means the materials 
     submitted to Congress by the Secretary of Defense in support 
     of the budget for a fiscal year submitted to Congress by the 
     President under section 1105(a) of title 31, United States 
     Code.

     SEC. 355. REPORT ON DEPARTMENT OF ARMY PROGRAMS FOR 
                   PREPOSITIONING OF EQUIPMENT AND OTHER MATERIEL.

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

     SEC. 356. REPORT REGARDING EFFECT ON MILITARY READINESS OF 
                   UNDOCUMENTED IMMIGRANTS TRESPASSING UPON 
                   OPERATIONAL RANGES.

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

     SEC. 357. CONGRESSIONAL NOTIFICATION REQUIREMENTS REGARDING 
                   PLACEMENT OF LIQUEFIED NATURAL GAS FACILITIES, 
                   PIPELINES, AND RELATED STRUCTURES ON DEFENSE 
                   LANDS.

       (a) Notification Required.--Not less than 30 days before 
     the Secretary of Defense or the Secretary of a military 
     department issues a final approval or disapproval or a formal 
     opinion regarding the placement of any liquefied natural gas 
     facility, pipeline, or related structure on or in the 
     vicinity of a military installation, range, or other lands 
     under the jurisdiction of the Department of Defense, the 
     Secretary shall submit to Congress a report detailing the 
     justification for the approval, disapproval, or opinion.
       (b) Content of Report.--A report under subsection (a) shall 
     include consideration of the potential long-term effects of 
     the liquefied natural gas facility, pipeline, or related 
     structure that is the subject of the approval, disapproval, 
     or opinion on military readiness, particularly the effects on 
     the use of operational ranges.
       (c) Definitions.--In this section:
       (1) The term ``military installation'' has the meaning 
     given that term in section 2687(e)(1) of title 10, United 
     States Code.
       (2) The terms ``range'' and ``operational range'' have the 
     meanings given those terms in section 101(e) of such title.

     SEC. 358. REPORT REGARDING ARMY AND AIR FORCE EXCHANGE SYSTEM 
                   MANAGEMENT OF ARMY LODGING.

       (a) Report Required.--The Secretary of Defense shall submit 
     to Congress a report containing the results of a study 
     evaluating the merits of allowing the Army and Air Force 
     Exchange System to manage Army lodging. The study should 
     consider at a minimum the following:
       (1) Whether current lodging agreements with the Army and 
     Air Force Exchange System to provide hospitality 
     telecommunication services would be impacted by privatization 
     and whether the proposed change will have an impact on funds 
     contributed to morale, welfare, and recreation accounts.
       (2) Whether allowing the Army and Air Force Exchange System 
     to participate as a partner in the management of Army lodging 
     would enhance the quality of lodging and improve access to 
     such lodging as a nonprofit organization versus a partnership 
     with a for-profit corporation.
       (3) Whether privatization of Army lodging will result in 
     significant cost increases to members of the Armed Forces or 
     other eligible patrons or the

[[Page 11239]]

     loss of such lodging if it is determined that management of 
     such lodging is not a profitable marketing venture.
       (4) Whether there are certain benefits to having the Army 
     and Air Force Exchange System become the partner with the 
     Army that would not exist were the Army to partner with a 
     private sector entity.
       (b) Limitation Pending Submission of Report.--Until the 
     Secretary of Defense submits the report required by 
     subsection (a) to Congress, the Department of the Army may 
     not solicit or consider any request for qualifications that 
     would privatize Army lodging beyond the level of 
     privatization identified for inclusion in Group A of the 
     Privatization of Army Lodging Initiative.

              TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                       Subtitle A--Active Forces

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

                       Subtitle B--Reserve Forces

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

              Subtitle C--Authorizations of Appropriations

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

                       Subtitle A--Active Forces

     SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

       The Armed Forces are authorized strengths for active duty 
     personnel as of September 30, 2006, as follows:
       (1) The Army, 482,400.
       (2) The Navy, 352,700.
       (3) The Marine Corps, 175,000.
       (4) The Air Force, 357,400.

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

       (a) Revision.--Section 691(b) of title 10, United States 
     Code, is amended by striking paragraphs (1) through (4) and 
     inserting the following:
       ``(1) For the Army, 482,400.
       ``(2) For the Navy, 352,700.
       ``(3) For the Marine Corps, 175,000.
       ``(4) For the Air Force, 357,400.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2005, or the the date of the 
     enactment of this Act, whichever is later.

                       Subtitle B--Reserve Forces

     SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

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

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

       Within the end strengths prescribed in section 411(a), the 
     reserve components of the Armed Forces are authorized, as of 
     September 30, 2006, the following number of Reserves to be 
     serving on full-time active duty or full-time duty, in the 
     case of members of the National Guard, for the purpose of 
     organizing, administering, recruiting, instructing, or 
     training the reserve components:
       (1) The Army National Guard of the United States, 27,345.
       (2) The Army Reserve, 15,270.
       (3) The Naval Reserve, 13,392.
       (4) The Marine Corps Reserve, 2,261.
       (5) The Air National Guard of the United States, 13,089.
       (6) The Air Force Reserve, 2,290.

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

       The minimum number of military technicians (dual status) as 
     of the last day of fiscal year 2006 for the reserve 
     components of the Army and the Air Force (notwithstanding 
     section 129 of title 10, United States Code) shall be the 
     following:
       (1) For the Army Reserve, 7,649.
       (2) For the Army National Guard of the United States, 
     25,563.
       (3) For the Air Force Reserve, 9,853.
       (4) For the Air National Guard of the United States, 
     22,971.

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

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

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

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

              Subtitle C--Authorizations of Appropriations

     SEC. 421. MILITARY PERSONNEL.

       There is hereby authorized to be appropriated to the 
     Department of Defense for military personnel for fiscal year 
     2006 a total of $108,824,292,000. The authorization in the 
     preceding sentence supersedes any other authorization of 
     appropriations (definite or indefinite) for such purpose for 
     fiscal year 2006.

     SEC. 422. ARMED FORCES RETIREMENT HOME.

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

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Temporary increase in percentage limits on reduction of time-
              in-grade requirements for retirement in grade upon 
              voluntary retirement.
Sec. 502. Two-year renewal of authority to reduce minimum commissioned 
              service requirement for voluntary retirement as an 
              officer.
Sec. 503. Separation at age 64 for reserve component senior officers.
Sec. 504. Improved administration of transitions involving officers in 
              senior general and flag officer positions.
Sec. 505. Consolidation of grade limitations on officer assignment and 
              insignia practice known as frocking.
Sec. 506. Authority for designation of a general/flag officer position 
              on the Joint Staff to be held by reserve component 
              general or flag officer on active duty.
Sec. 507. Authority to retain permanent professors at the Naval Academy 
              beyond 30 years of active commissioned service.
Sec. 508. Authority for appointment of Coast Guard flag officer as 
              Chief of Staff to the President.
Sec. 509. Clarification of time for receipt of statutory selection 
              board communications.
Sec. 510. Standardization of grade of senior dental officer of the Air 
              Force with that of senior dental officer of the Army.

                Subtitle B--Reserve Component Management

Sec. 511. Use of Reserve Montgomery GI Bill benefits and benefits for 
              mobilized members of the Selected Reserve and National 
              Guard for payments for licensing or certification tests.
Sec. 512. Modifications to new Reserve educational benefit for certain 
              active service in support of contingency operations.
Sec. 513. Military technicians (dual status) mandatory separation.
Sec. 514. Military retirement credit for certain service by National 
              Guard members performed while in a State duty status 
              immediately after the terrorist attacks of September 11, 
              2001.

[[Page 11240]]

Sec. 515. Use of National Guard to provide military support to civilian 
              law enforcement agencies for domestic counter-terrorism 
              activities.

                   Subtitle C--Education and Training

Sec. 521. Repeal of limitation on amount of financial assistance under 
              ROTC scholarship programs.
Sec. 522. Increased enrollment for eligible defense industry employees 
              in the defense product development program at Naval 
              Postgraduate School.
Sec. 523. Payment of expenses to obtain professional credentials.
Sec. 524. Authority for National Defense University award of degree of 
              Master of Science in Joint Campaign Planning and 
              Strategy.
Sec. 525. One-year extension of authority to use appropriated funds to 
              provide recognition items for recruitment and retention 
              of certain reserve component personnel.
Sec. 526. Report on rationale and plans of the Navy to provide enlisted 
              members an opportunity to obtain graduate degrees.
Sec. 527. Increase in annual limit on number of ROTC scholarships under 
              Army Reserve and National Guard program.
Sec. 528. Capstone overseas field studies trips to People's Republic of 
              China and Republic of China on Taiwan.
Sec. 529. Sense of Congress concerning establishment of National 
              College of Homeland Security.

                Subtitle D--General Service Requirements

Sec. 531. Uniform enlistment standards for the Armed Forces.
Sec. 532. Increase in maximum term of original enlistment in regular 
              component.
Sec. 533. Members completing statutory initial military service 
              obligation.
Sec. 534. Extension of qualifying service for initial military service 
              under National Call to Service program.

               Subtitle E--Matters Relating to Casualties

Sec. 541. Requirement for members of the Armed Forces to designate a 
              person to be authorized to direct the disposition of the 
              member's remains.
Sec. 542. Enhanced program of Casualty Assistance Officers and 
              Seriously Injured/Ill Assistance Officers.
Sec. 543. Standards and guidelines for Department of Defense programs 
              to assist wounded and injured members.
Sec. 544. Authority for members on active duty with disabilities to 
              participate in Paralympic Games.

       Subtitle F--Military Justice and Legal Assistance Matters

Sec. 551. Clarification of authority of military legal assistance 
              counsel to provide military legal assistance without 
              regard to licensing requirements.
Sec. 552. Use of teleconferencing in administrative sessions of courts-
              martial.
Sec. 553. Extension of statute of limitations for murder, rape, and 
              child abuse offenses under the Uniform Code of Military 
              Justice.
Sec. 554. Offense of stalking under the Uniform Code of Military 
              Justice.
Sec. 555. Rape, sexual assault, and other sexual misconduct under 
              Uniform Code of Military Justice.

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

Sec. 561. Enrollment in overseas schools of Defense Dependents' 
              Education System of children of citizens or nationals of 
              the United States hired in overseas areas as full-time 
              Department of Defense employees.
Sec. 562. Assistance to local educational agencies that benefit 
              dependents of members of the Armed Forces and Department 
              of Defense civilian employees.
Sec. 563. Continuation of impact aid assistance on behalf of dependents 
              of certain members despite change in status of member.

                   Subtitle H--Decorations and Awards

Sec. 565. Cold War Victory Medal.
Sec. 566. Establishment of Combat Medevac Badge.
Sec. 567. Eligibility for Operation Enduring Freedom campaign medal.

                       Subtitle I--Other Matters

Sec. 571. Extension of waiver authority of Secretary of Education with 
              respect to student financial assistance during a war or 
              other military operation or national emergency.
Sec. 572. Adoption leave for members of the Armed Forces adopting 
              children.
Sec. 573. Report on need for a personnel plan for linguists in the 
              Armed Forces.
Sec. 574. Ground combat and other exclusion policies.

                  Subtitle A--Officer Personnel Policy

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

       Section 1370(a)(2) of title 10, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(F) Notwithstanding subparagraph (E), during the period 
     beginning on October 1, 2005, and ending on December 31, 
     2007, the number of lieutenant colonels and colonels of the 
     Army, Marine Corps, and Air Force, and the number of 
     commanders and captains of the Navy, for whom a reduction is 
     made under this section during any fiscal year in the period 
     of service-in-grade otherwise required under this paragraph 
     may not exceed four percent of the authorized active-duty 
     strength for that fiscal year for officers of that armed 
     force in that grade.''.

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

       Sections 3911(b), 6323(a)(2), and 8911(b) of title 10, 
     United States Code, are amended by striking ``during the 
     period beginning on October 1, 1990, and ending on December 
     31, 2001'' and inserting ``during the period beginning on 
     October 1, 2005, and ending on December 31, 2007''.

     SEC. 503. SEPARATION AT AGE 64 FOR RESERVE COMPONENT SENIOR 
                   OFFICERS.

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

     SEC. 504. IMPROVED ADMINISTRATION OF TRANSITIONS INVOLVING 
                   OFFICERS IN SENIOR GENERAL AND FLAG OFFICER 
                   POSITIONS.

       (a) Exclusion From Grade Distribution Limitations for 
     Senior Officers Transitioning Between Positions or Awaiting 
     Retirement.--Section 525(d) of title 10, United States Code, 
     is amended to read as follows:
       ``(d) An officer continuing to hold the grade of general, 
     admiral, lieutenant general, or vice admiral under paragraph 
     (2) or (4) of section 601(b) of this title shall not be 
     counted for purposes of this section.''.
       (b) Appointments to Positions of Importance and 
     Responsibility.--Section 601 of such title is amended--
       (1) in subsection (b)(2), by inserting before the semicolon 
     at the end the following: ``, but not for more than 30 
     days''; and
       (2) by adding at the end the following new subsection:
       ``(e)(1) If a transition period for an officer under 
     subsection (b)(2) or (b)(4) exceeds the maximum period 
     specified in that subsection, the officer shall revert to the 
     officer's permanent grade, effective on the day after the 
     date on which that period is exceeded.
       ``(2) In each case in which the transition period for an 
     officer under subsection (b)(2) exceeds 30 days, the 
     Secretary of Defense shall promptly submit to the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives a report on the 
     matter. The report shall include the following:
       ``(A) The officer's name.
       ``(B) The date on which the transition period began and the 
     date on which the 30-day limit was exceeded.
       ``(C) The former position of the officer and the position 
     to which the officer has been ordered transferred.
       ``(D) The reason for extended transition to the position to 
     which ordered transferred.
       ``(E) The date on which the officer reverted to the 
     officer's permanent grade pursuant to paragraph (1). ''.
       (c) Prohibition of Frocking to Grades Above Major General 
     and Rear Admiral.--Section 777(a) of such title is amended by 
     inserting ``in a grade below the grade of major general or, 
     in the case of the Navy, rear admiral,'' after ``An officer'' 
     in the first sentence.

     SEC. 505. CONSOLIDATION OF GRADE LIMITATIONS ON OFFICER 
                   ASSIGNMENT AND INSIGNIA PRACTICE KNOWN AS 
                   FROCKING.

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

     SEC. 506. AUTHORITY FOR DESIGNATION OF A GENERAL/FLAG OFFICER 
                   POSITION ON THE JOINT STAFF TO BE HELD BY 
                   RESERVE COMPONENT GENERAL OR FLAG OFFICER ON 
                   ACTIVE DUTY.

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

[[Page 11241]]



     SEC. 507. AUTHORITY TO RETAIN PERMANENT PROFESSORS AT THE 
                   NAVAL ACADEMY BEYOND 30 YEARS OF ACTIVE 
                   COMMISSIONED SERVICE.

       (a) Waiver of Mandatory Retirement for Years of Service.--
       (1) Lieutenant colonels and commanders.--Section 633 of 
     title 10, United States Code, is amended--
       (A) by striking ``Except an'' and all that follows through 
     ``except as provided'' and inserting ``(a) 28 Years of Active 
     Commissioned Service.--Except as provided in subsection (b) 
     and as provided'';
       (B) by adding at the end the following:
       ``(b) Exceptions.--Subsection (a) does not apply to the 
     following:
       ``(1) An officer of the Navy or Marine Corps who is an 
     officer designated for limited duty to whom section 5596(e) 
     or 6383 of this title applies.
       ``(2) An officer of the Navy or Marine Corps who is a 
     permanent professor at the United States Naval Academy.''.
       (2) Colonels and navy captains.--Section 634 of title 10, 
     United States Code, is amended--
       (A) by striking ``Except an'' and all that follows through 
     ``except as provided'' and inserting ``(a) 30 Years of Active 
     Commissioned Service.--Except as provided in subsection (b) 
     and as provided'';
       (B) by adding at the end the following:
       ``(b) Exceptions.--Subsection (a) does not apply to the 
     following:
       ``(1) An officer of the Navy who is designated for limited 
     duty to whom section 6383(a)(4) of this title applies.
       ``(2) An officer of the Navy or Marine Corps who is a 
     permanent professor at the United States Naval Academy.''.
       (b) Authority for Retention of Permanent Professors Beyond 
     30 Years.--
       (1) Authority.--Chapter 573 of such title is amended by 
     inserting after section 6371 the following new section:

     ``Sec. 6372. Permanent professors of the United States Naval 
       Academy: retirement for years of service; authority for 
       deferral

       ``(a) Retirement for Years of Service.--(1) Except as 
     provided in subsection (b), an officer of the Navy or Marine 
     Corps serving as a permanent professor at the Naval Academy 
     in the grade of commander or lieutenant colonel who is not on 
     a list of officers recommended for promotion to the grade of 
     captain or colonel, as the case may be, shall, if not earlier 
     retired, be retired on the first day of the month after the 
     month in which the officer completes 28 years of active 
     commissioned service.
       ``(2) Except as provided in subsection (b), an officer of 
     the Navy or Marine Corps serving as a permanent professor at 
     the Naval Academy in the grade of captain or colonel who is 
     not on a list of officers recommended for promotion to the 
     grade of rear admiral (lower half) or brigadier general, as 
     the case may be, shall, if not earlier retired, be retired on 
     the first day of the month after the month in which the 
     officer completes 30 years of active commissioned service.
       ``(b) Continuation on Active Duty.--(1) An officer subject 
     to retirement under subsection (a) may have his retirement 
     deferred and be continued on active duty by the Secretary of 
     the Navy.
       ``(2) Subject to section 1252 of this title, the Secretary 
     of the Navy shall determine the period of any continuation on 
     active duty under this section.
       ``(c) Eligibility for Promotion.--A permanent professor at 
     the Naval Academy in the grade of commander or lieutenant 
     colonel who is continued on active duty as a permanent 
     professor under subsection (b) remains eligible for 
     consideration for promotion to the grade of captain or 
     colonel, as the case may be.
       ``(d) Retired Grade and Retired Pay.--Each officer retired 
     under this section--
       ``(1) unless otherwise entitled to a higher grade, shall be 
     retired in the grade determined under section 1370 of this 
     title; and
       ``(2) is entitled to retired pay computed under section 
     6333 of this title.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 6371 the following new item:

``6372. Permanent professors of the United States Naval Academy: 
              retirement for years of service; authority for 
              deferral.''.

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

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

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

``1254. Age 64: permanent professors at academies.''.

       (3) Conforming amendment.--Section 1251(a) of such title is 
     amended by striking the second sentence.
       (d) Conforming Amendments Relating to Computation of 
     Retired Pay.--
       (1) Age 64 retirement.--Chapter 71 of such title is 
     amended--
       (A) in the table in section 1401(a), by inserting at the 
     bottom of the column under the heading ``For sections'', in 
     the entry for Formula Number 5, the following: ``1252''; and
       (B) in the table in section 1406(b)(1), by inserting at the 
     bottom of the first column the following: ``1252'';
       (2) Years-of-service retirement.--Section 6333(a) of such 
     title is amended--
       (A) in the matter preceding the table, by inserting ``6372 
     or'' after ``section''; and
       (B) in the table, by inserting ``6372'' immediately below 
     ``6325(b)'' in the column under the heading ``For sections'', 
     in the entry for Formula B.

     SEC. 508. AUTHORITY FOR APPOINTMENT OF COAST GUARD FLAG 
                   OFFICER AS CHIEF OF STAFF TO THE PRESIDENT.

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

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

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

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

     SEC. 509. CLARIFICATION OF TIME FOR RECEIPT OF STATUTORY 
                   SELECTION BOARD COMMUNICATIONS.

       (a) Officers on Active-Duty List.--Section 614(b) of title 
     10, United States Code, is amended in the first sentence by 
     inserting ``11:59 p.m. on the day before'' after ``to arrive 
     not later than''.
       (b) Officers on Reserve Active-Status List.--Section 14106 
     of such title is amended in the second sentence by inserting 
     ``11:59 p.m. on the day before'' after ``so as to arrive not 
     later than''.

     SEC. 510. STANDARDIZATION OF GRADE OF SENIOR DENTAL OFFICER 
                   OF THE AIR FORCE WITH THAT OF SENIOR DENTAL 
                   OFFICER OF THE ARMY.

       (a) Air Force Assistant Surgeon General for Dental 
     Services.--Section 8081 of title 10, United States Code, is 
     amended by striking ``brigadier general'' in the second 
     sentence and inserting ``major general''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the occurrence of the next 
     vacancy in the position of Assistant Surgeon General for 
     Dental Services in the Air Force that occurs after the date 
     of the enactment of this Act or, if earlier, on the date of 
     the appointment to the grade of major general of the officer 
     who is the incumbent in that position on the date of the 
     enactment of the Act.

                Subtitle B--Reserve Component Management

     SEC. 511. USE OF RESERVE MONTGOMERY GI BILL BENEFITS AND 
                   BENEFITS FOR MOBILIZED MEMBERS OF THE SELECTED 
                   RESERVE AND NATIONAL GUARD FOR PAYMENTS FOR 
                   LICENSING OR CERTIFICATION TESTS.

       (a) Chapter 1606.--Section 16131 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(j)(1) Subject to paragraph (3), the amount of 
     educational assistance payable under this chapter for a 
     licensing or certification test described in section 3452(b) 
     of title 38 is the lesser of $2,000 or the fee charged for 
     the test.
       ``(2) The number of months of entitlement charged in the 
     case of any individual for such licensing or certification 
     test is equal to the number (including any fraction) 
     determined by dividing the total amount of educational 
     assistance paid such individual for such test by the full-
     time monthly institutional rate of educational assistance 
     which, but for paragraph (1), such individual would otherwise 
     be paid under subsection (b).
       ``(3) In no event shall payment of educational assistance 
     under this subsection for such a test exceed the amount of 
     the individual's available entitlement under this chapter.''.
       (b) Chapter 1607.--Section 16162 of such title is amended 
     by adding at the end the following new subsection:
       ``(e) The provisions of section 16131(j) of this title 
     shall apply to the provision of educational assistance under 
     this chapter, except that, in applying such section under 
     this chapter, the reference to subsection (b) in paragraph 
     (2) of such section is deemed to be a reference to subsection 
     (c) of this section.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to tests administered on or after October 1, 
     2005.

     SEC. 512. MODIFICATIONS TO NEW RESERVE EDUCATIONAL BENEFIT 
                   FOR CERTAIN ACTIVE SERVICE IN SUPPORT OF 
                   CONTINGENCY OPERATIONS.

       (a)  Eligibility Criteria.--Subsection (a) of section 16163 
     of title 10, United States Code, is amended--
       (1) in the matter preceding paragraph (1), by striking ``On 
     or after September 11, 2001, a member'' and inserting ``A 
     member'';
       (2) in paragraph (1), by striking ``served on active duty 
     in support of a contingency operation'' and inserting ``was 
     called or ordered to active duty on or after September 11, 
     2001, in support of a contingency operation and served on 
     active duty in support of that contingency operation''; and

[[Page 11242]]

       (3) in paragraph (2), by inserting ``on or after September 
     11, 2001,'' after ``Secretary of Defense''.
       (b) Administration of Specified Benefits Election.--
     Subsection (e) of such section is amended by striking 
     ``Secretary concerned'' and inserting ``Secretary of Veterans 
     Affairs''.
       (c) Exception to Immediate Termination of Assistance.--
     Section 16165 of such title is amended--
       (1) by striking ``Educational assistance'' and inserting 
     ``(a) Termination.--Except as provided in subsection (b), 
     educational assistance''; and
       (2) by adding at the end the following new subsection:
       ``(b) Exception for Selected Reserve Members Continuing in 
     Ready Reserve.--Under regulations prescribed by the Secretary 
     of Defense, educational assistance may be provided under this 
     chapter to a member of the Selected Reserve when the member 
     incurs a break in service in the Selected Reserve of not more 
     than 90 days, if the member continues to serve in the Ready 
     Reserve.''.

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

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

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

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

     SEC. 515. USE OF NATIONAL GUARD TO PROVIDE MILITARY SUPPORT 
                   TO CIVILIAN LAW ENFORCEMENT AGENCIES FOR 
                   DOMESTIC COUNTER-TERRORISM ACTIVITIES.

       (a) In General.--Title 32, United States Code, is amended 
     by adding the following new section:

     ``Sec. 116. Use of National Guard to provide military support 
       to civilian law enforcement agencies for domestic counter-
       terrorism activities

       ``(a) Provision of Support.--The Governor of a State may 
     order the National Guard of such State to perform full-time 
     National Guard duty under section 502(f) of this title for 
     the purpose of providing, on a reimbursable basis, military 
     support to a civilian law enforcement agency for domestic 
     counter-terrorism activities. Members of the National Guard 
     performing full-time National Guard duty in the Active Guard 
     and Reserve Program may support or execute military support 
     to civilian law enforcement agencies for domestic counter-
     terrorism activities performed by the National Guard under 
     this section.
       ``(b) Reimbursement.--Notwithstanding any other provision 
     of law, the Chief of the National Guard Bureau, or the 
     designee of the Chief in the State concerned, shall accept 
     monetary reimbursements for the costs incurred by the 
     National Guard to provide support under subsection (a). Such 
     monetary reimbursements will be deposited into the 
     appropriations used to fund activities under this title and 
     may be used in the fiscal year in which received. The 
     Secretary of Defense may waive the reimbursement requirement 
     under this section.
       ``(c) Condition of Provision of Support.--Military support 
     to civilian law enforcement agencies for domestic counter-
     terrorism activities may not be provided under subsection (a) 
     if the provision of such support will affect adversely the 
     military preparedness of the United States. To ensure that 
     the use of units and personnel of the National Guard under 
     such subsection does not degrade training and readiness, the 
     following requirements shall apply in determining the 
     activities that units and personnel of the National Guard of 
     a State may perform:
       ``(1) The performance of the activities may not affect 
     adversely the quality of training or otherwise interfere with 
     the ability of a member or unit of the National Guard to 
     perform the military functions of the member or unit.
       ``(2) The performance of the activities will not degrade 
     the military skills of the members of the National Guard 
     performing those activities.
       ``(d) Statutory Construction.-- Nothing in this section 
     shall be construed as a limitation on the authority of any 
     unit or member of the National Guard of a State, when not in 
     Federal service, to perform functions authorized to be 
     performed by the National Guard by the laws of the State 
     concerned. Nothing in this section shall be construed as a 
     limitation on the authority of any unit or member of the 
     National Guard of a State, when not in Federal service, to 
     provide military assistance or support to civil authority in 
     the normal course of military training or operations on a 
     non-reimbursable basis.
       ``(e) Definitions.--In this section:
       ``(1) The term 'State' means each of the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, or 
     a territory or possession of the United States.
       ``(2) The term 'domestic counter-terrorism' means measures 
     taken to prevent, deter, and respond to terrorism within a 
     State.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1 of such title is amended by adding at 
     the end the following new item:

``116. Use of National Guard to provide military support to civilian 
              law enforcement agencies for domestic counter-terrorism 
              activities.''.
       (c) Conforming Amendment to Title 10.--Section 115(i) of 
     title 10, United States Code, is amended by inserting ``or 
     providing military support to civilian law enforcement 
     agencies for domestic counter-terrorism activities under 
     section 116 of such title'' after ``title 32''.

                   Subtitle C--Education and Training

     SEC. 521. REPEAL OF LIMITATION ON AMOUNT OF FINANCIAL 
                   ASSISTANCE UNDER ROTC SCHOLARSHIP PROGRAMS.

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

     SEC. 522. INCREASED ENROLLMENT FOR ELIGIBLE DEFENSE INDUSTRY 
                   EMPLOYEES IN THE DEFENSE PRODUCT DEVELOPMENT 
                   PROGRAM AT NAVAL POSTGRADUATE SCHOOL.

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

     SEC. 523. PAYMENT OF EXPENSES TO OBTAIN PROFESSIONAL 
                   CREDENTIALS.

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

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

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

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

     SEC. 524. AUTHORITY FOR NATIONAL DEFENSE UNIVERSITY AWARD OF 
                   DEGREE OF MASTER OF SCIENCE IN JOINT CAMPAIGN 
                   PLANNING AND STRATEGY.

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

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

       ``(a) Authority to Award Specified Degrees.--The President 
     of the National Defense University, upon the recommendation 
     of the faculty of the respective college or other school 
     within the University, may confer the master of science 
     degrees specified in subsection (b).
       ``(b) Authorized Degrees.--The following degrees may be 
     awarded under subsection (a):
       ``(1) Master of science in national security strategy.--The 
     degree of master of science in national security strategy, to 
     graduates of the University who fulfill the requirements of 
     the program of the National War College.
       ``(2) Master of science in national resource strategy.--The 
     degree of master of

[[Page 11243]]

     science in national resource strategy, to graduates of the 
     University who fulfill the requirements of the program of the 
     Industrial College of the Armed Forces.
       ``(3) Master of science in joint campaign planning and 
     strategy.--The degree of master of science in joint campaign 
     planning and strategy, to graduates of the University who 
     fulfill the requirements of the program of the Joint Advanced 
     Warfighting School at the Joint Forces Staff College.
       ``(c) Regulations.--The authority provided by this section 
     shall be exercised under regulations prescribed by the 
     Secretary of Defense.''.
       (b) Clerical Amendment.--The item relating to section 2163 
     in the table of sections at the beginning of chapter 108 of 
     such title is amended to read as follows:

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

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

     SEC. 525. ONE-YEAR EXTENSION OF AUTHORITY TO USE APPROPRIATED 
                   FUNDS TO PROVIDE RECOGNITION ITEMS FOR 
                   RECRUITMENT AND RETENTION OF CERTAIN RESERVE 
                   COMPONENT PERSONNEL.

       Section 18506(d) of title 10, United States Code, and 
     section 717(e) of title 32, United States Code, are each 
     amended by striking ``December 31, 2005'' and inserting 
     ``December 31, 2006''.

     SEC. 526. REPORT ON RATIONALE AND PLANS OF THE NAVY TO 
                   PROVIDE ENLISTED MEMBERS AN OPPORTUNITY TO 
                   OBTAIN GRADUATE DEGREES.

       (a) Report.--The Secretary of the Navy shall submit to the 
     Committee on Armed Services of the Senate and the Committee 
     on Armed Services of the House of Representatives a report on 
     the plans, if any, of the Secretary, and the rationale for 
     those plans, for a program to provide enlisted members of the 
     Navy with opportunities to pursue graduate degree programs 
     either through Navy schools or paid for by the Navy in return 
     for an additional service obligation. The report shall 
     include the following:
       (1) The underlying philosophy and objectives supporting a 
     decision to provide opportunities for graduate degrees to 
     enlisted members of the Navy.
       (2) An overall description of how the award of a graduate 
     degree to an enlisted member would fit in an integrated, 
     progressive, coordinated, and systematic way into the goals 
     and requirements of the Navy for enlisted career development 
     and for professional education, together with a discussion of 
     a wider requirement, if any, for programs for the award of 
     associate and baccalaureate degrees to enlisted members, 
     particularly in the career fields under consideration for the 
     pilot program referred to in subsection (b).
       (3) A discussion of the scope and details of the plan to 
     ensure that Navy enlisted members have the requisite academic 
     baccalaureate degrees as a prerequisite for undertaking 
     graduate-level work.
       (4) Identification of the specific enlisted career fields 
     for which the Secretary has determined that a graduate degree 
     should be a requirement, as well as the rationale for that 
     determination.
       (5) A description of the concept of the Secretary of the 
     Navy for the process and mechanism of providing graduate 
     degrees to enlisted members, including, as a minimum, the 
     Secretary's plan for whether the degree programs would be 
     provided through civilian or military degree-granting 
     institutions and whether through in-resident or distance 
     learning or some combination thereof.
       (6) A description of the plan to ensure proper and 
     effective utilization of enlisted members following the award 
     of a graduate degree.
       (b) Report on Pilot Program.--In addition to the report 
     under subsection (a), the Secretary of the Navy may submit a 
     plan for a pilot program to make available opportunities to 
     pursue graduate degree programs to a limited number of Navy 
     enlisted members in a specific, limited set of critical 
     career fields. Such a plan shall include, as a minimum, the 
     following:
       (1) The specific objectives of the pilot program.
       (2) An identification of the specific enlisted career 
     fields from which candidates for the program would be drawn, 
     the numbers and prerequisite qualifications of initial 
     candidates, and the process for selecting the enlisted 
     members who would initially participate.
       (3) The process and mechanism for providing the degrees, 
     described in the same manner as specified under subsection 
     (a)(5), and a general description of course content.
       (4) An analysis of the cost effectiveness of using Navy, 
     other service, or civilian degree granting institutions in 
     the pilot.
       (5) The plan for post-graduation utilization of the 
     enlisted members who obtain graduate degrees under the 
     program.
       (6) The criteria and plan for assessing whether the 
     objectives of the pilot program are met.

     SEC. 527. INCREASE IN ANNUAL LIMIT ON NUMBER OF ROTC 
                   SCHOLARSHIPS UNDER ARMY RESERVE AND NATIONAL 
                   GUARD PROGRAM.

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

     SEC. 528. CAPSTONE OVERSEAS FIELD STUDIES TRIPS TO PEOPLE'S 
                   REPUBLIC OF CHINA AND REPUBLIC OF CHINA ON 
                   TAIWAN.

       Section 2153 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(c) Overseas Field Studies to China and Taiwan.--The 
     Secretary of Defense shall direct the National Defense 
     University to ensure that visits to China and Taiwan are an 
     integral part of the field study programs conducted by the 
     university as part of the military education course carried 
     out pursuant to subsection (a) and that such field study 
     programs include annually at least one class field study trip 
     to the People's Republic of China and at least one class 
     field study trip to the Republic of China on Taiwan.''.

     SEC. 529. SENSE OF CONGRESS CONCERNING ESTABLISHMENT OF 
                   NATIONAL COLLEGE OF HOMELAND SECURITY.

       It is the sense of Congress that the Secretary of Defense, 
     in consultation with the Secretary of Homeland Security, 
     should establish within the National Defense University an 
     educational institution, to be known as the National College 
     of Homeland Security, to have the mission of providing 
     strategic-level homeland security and homeland defense 
     education and related research to civilian and military 
     leaders from all agencies of government in order to 
     contribute to the development of a common understanding of 
     core homeland security principles and of effective 
     interagency and multijurisdictional homeland security 
     strategies, policies, doctrines, and processes.

                Subtitle D--General Service Requirements

     SEC. 531. UNIFORM ENLISTMENT STANDARDS FOR THE ARMED FORCES.

       (a) Uniform Standards.--Section 504 of title 10, United 
     States Code, is amended--
       (1) by inserting ``(a)'' at the beginning of the text; and
       (2) by adding at the end the following new subsection:
       ``(b)(1) Except as provided under paragraph (2), a person 
     may not be enlisted in any armed force unless that person is 
     one of the following:
       ``(A) A national of the United States, as defined in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)).
       ``(B) An alien who is lawfully admitted for permanent 
     residence, as defined in section 101(a)(20) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(20)).
       ``(C) A person described in section 341 of one of the 
     following:
       ``(i) The Compact of Free Association between the Federated 
     States of Micronesia and the United States (section 201(a) of 
     Public Law 108-188 (117 Stat. 2784; 48 U.S.C. 1921 note)).
       ``(ii) The Compact of Free Association between the Republic 
     of the Marshall Islands and the United States (section 201(b) 
     of Public Law 108-188 (117 Stat. 2823; 48 U.S.C. 1921 note)).
       ``(iii) The Compact of Free Association between Palau and 
     the United States (section 201 of Public Law 99-658 (100 
     Stat. 3678; 48 U.S.C. 1931 note)).
       ``(2) The Secretary concerned may authorize the enlistment 
     of persons not described in paragraph (1) when the Secretary 
     determines that such enlistment is vital to the national in-
     terest.''.
       (b) Conforming Repeal of Service-Specific Provisions.--
       (1) Repeal.--Sections 3253 and 8253 of such title are 
     repealed.
       (2) Clerical amendments.--The table of sections at the 
     beginning of chapter 333 is amended by striking the item 
     relating to section 3253. The table of sections at the 
     beginning of chapter 833 is amended by striking the item 
     relating to section 8253.

     SEC. 532. INCREASE IN MAXIMUM TERM OF ORIGINAL ENLISTMENT IN 
                   REGULAR COMPONENT.

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

     SEC. 533. MEMBERS COMPLETING STATUTORY INITIAL MILITARY 
                   SERVICE OBLIGATION.

       (a) Notification to Initial Entrants.--Section 651(a) of 
     title 10, United States Code, is amended by adding at the end 
     the following new subsection:
       ``(c) Each person covered by subsection (a), upon 
     commencing that person's initial period of service as a 
     member of the armed forces, shall be provided the date on 
     which the initial military service obligation of that person 
     under this section ends.''.
       (b) Notification to Individual Ready Reserve Members.--
     Section 10144 of such title is amended by adding at the end 
     the following new subsection:
       ``(c) In the case of a member of the armed forces who is 
     serving in the Individual Ready Reserve to complete the 
     initial military service obligation of that member under 
     section 651 of this title, the Secretary concerned shall--
       ``(1) notify the member when the period of that service 
     obligation is completed; and
       ``(2) before the date when that period is completed, 
     provide to that member an opportunity, if the member is 
     qualified, to--
       ``(A) continue voluntarily in the Ready Reserve; or
       ``(B) transfer voluntarily to an active component.''.
       (c) Prohibition of Certain Involuntary Personnel Actions.--
       (1) In general.--Chapter 1215 of such title is amended by 
     adding at the end the following new section:

     ``Sec. 12553. Members of Individual Ready Reserve completing 
       initial military service obligation: prohibition of certain 
       involuntary personnel actions

       ``(a) Prohibition.--In the case of a member of the armed 
     forces who is serving in the Individual Ready Reserve to 
     complete the initial military service obligation of that 
     member under section 651 of this title, the Secretary 
     concerned

[[Page 11244]]

     may not, after the end of the period of that service 
     obligation, issue the member an order for an action specified 
     in subsection (b) unless the member, before the end of that 
     period, has entered into a service agreement that commits the 
     member to military service beyond the end of that period.
       ``(b) Covered Actions.--Subsection (a) applies to an 
     involuntary mobilization in accordance with section 12301(a), 
     12301(b), 12302, or 12304 of this title, or a recall to 
     active duty, that commences after the date of the end of the 
     period of the military service obligation or a transfer to 
     the Selected Reserve. ''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``12553. Members of Individual Ready Reserve completing initial 
              military service obligation: prohibition of certain 
              involuntary personnel actions.''.

       (3) Effective date.--Section 12533 of title 10, United 
     States Code, as added by paragraph (1), shall apply with 
     respect to orders issued by the Secretary concerned after the 
     date of the enactment of this Act.

     SEC. 534. EXTENSION OF QUALIFYING SERVICE FOR INITIAL 
                   MILITARY SERVICE UNDER NATIONAL CALL TO SERVICE 
                   PROGRAM.

       Section 510(d) of title 10, United States Code, is amended 
     by inserting before the period at the end the following: 
     ``and shall include military occupational specialties for 
     enlistments for officer training and subsequent service as an 
     officer, in cases in which the reason for the enlistment and 
     entry into an agreement under subsection (b) is to enter an 
     officer training program''.

               Subtitle E--Matters Relating to Casualties

     SEC. 541. REQUIREMENT FOR MEMBERS OF THE ARMED FORCES TO 
                   DESIGNATE A PERSON TO BE AUTHORIZED TO DIRECT 
                   THE DISPOSITION OF THE MEMBER'S REMAINS.

       (a) Designation Required.--Section 655 of title 10, United 
     States Code, is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) The Secretary concerned shall, upon the enlistment or 
     appointment of a person in the armed forces, require that the 
     person specify in writing the person authorized to direct the 
     disposition of the person's remains under section 1482 of 
     this title. The Secretary shall periodically, and whenever 
     the member is deployed as part of a contingency operation or 
     in other circumstances specified by the Secretary, require 
     that such designation be reconfirmed, or modified, by the 
     member.''.
       (b) Change in Designation.--Subsection (c) of such section, 
     as redesignated by subsection (a)(1), is amended by inserting 
     ``or (b)'' after ``subsection (a)''.
       (c) Persons Authorized to Direct Disposition of Remains.--
     Section 1482(c) of such title is amended--
       (1) by striking the matter preceding paragraph (1) and 
     inserting the following:
       ``(c) The person designated under section 655(b) of this 
     title shall be considered for all purposes to be the person 
     designated under this subsection to direct disposition of the 
     remains of a decedent covered by this chapter. If the person 
     so designated is not available, or if there was no such 
     designation under that section, one of the following persons, 
     in the order specified, shall be the person designated to 
     direct the disposition of remains:''; and
       (2) in paragraph (4), by striking ``clauses (1)-(3)'' and 
     inserting ``paragraph (1), (2), or (3)''.
       (d) Effective Date.--Subsection (b) of section 655 of title 
     10, United States Code, as added by subsection (a)(2), shall 
     take effect at the end of the 30-day period beginning on the 
     date of the enactment of this Act and shall be applied to 
     persons enlisted or appointed in the Armed Forces after the 
     end of such period. In the case of persons who are members of 
     the Armed Forces as of the end of such 30-day period, such 
     subsection--
       (1) shall be applied to any member who is deployed to a 
     contingency operation after the end of such period; and
       (2) in the case of any member not sooner covered under 
     paragraph (1), shall be applied before the end of the 180-day 
     period beginning on the date of the enactment of this Act.
       (e) Treatment of Prior Designations.--
       (1) A qualifying designation by a decedent covered by 
     section 1481 of title 10, United States Code, shall be 
     treated for purposes of section 1482 of such title as having 
     been made under section 655(b) of such title.
       (2) Qualifying designations.--For purposes of paragraph 
     (1), a qualifying designation is a designation by a person of 
     the person to be authorized to direct disposition of the 
     remains of the person making the designation that was made 
     before the date of the enactment of this Act and in 
     accordance with regulations and procedures of the Department 
     of Defense in effect at the time.

     SEC. 542. ENHANCED PROGRAM OF CASUALTY ASSISTANCE OFFICERS 
                   AND SERIOUSLY INJURED/ILL ASSISTANCE OFFICERS.

       (a) Required Standards and Training.--
       (1) In general.--Subchapter I of chapter 88 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1790. Casualty Assistance Officers; Seriously Injured/
       Ill Assistance Officers

       ``(a) Assignment of CAOs.--Whenever a member of the Army, 
     Navy, Air Force, or Marine Corps dies while on active duty or 
     otherwise under circumstances for which a death gratuity 
     under section 1475 or 1476 of this title is to be paid, the 
     Secretary of the military department concerned shall provide 
     for the assignment of a Casualty Assistance Officer to assist 
     the family members of the deceased member.
       ``(b) Assignment of SIAOs.--Whenever a member of the Army, 
     Navy, Air Force, or Marine Corps is seriously injured or 
     becomes seriously ill while on active duty or otherwise under 
     circumstances for which, if the member died, a death gratuity 
     under section 1475 or 1476 of this title would be paid, the 
     Secretary of the military department concerned shall provide 
     for the assignment of a Seriously Injured/Ill Assistance 
     Officer to assist the member and the member's family members.
       ``(c) Persons Who May Be Assigned.--The Secretary concerned 
     may only assign as a Casualty Assistance Officer or Seriously 
     Injured/Ill Assistance Officer a member of the armed forces 
     who is an officer or a noncommissioned officers in pay grade 
     E-7 or above or a person who is a Federal civilian employee.
       ``(d) Duties and Functions .--The Secretary of Defense 
     shall prescribe the duties and functions of Casualty 
     Assistance Officers and Seriously Injured/Ill Assistance 
     Officers. Such functions shall include the following 
     functions for family members:
       ``(1) Information source.
       ``(2) Counsellor.
       ``(3) Advisor on obtaining needed information and services.
       ``(4) Administrative assistant.
       ``(5) Advocate for family members with military 
     authorities.
       ``(e) Duration and Location of Assistance.--Once a family 
     is assigned a Casualty Assistance Officer or Seriously 
     Injured/Ill Assistance Officer, the Secretary concerned shall 
     ensure that such an officer is continuously assigned to that 
     family, regardless of family location, until the Secretary 
     determines that the family is no longer in need of assistance 
     from such an officer.
       ``(f) Training and Oversight.--(1) The Secretary of Defense 
     shall establish standards for performance of the duties of 
     Casualty Assistance Officers and Seriously Injured/Ill 
     Assistance Officers, and shall monitor the training programs 
     of the military departments for persons assigned to duty as 
     such officers, in order to ensure that Casualty Assistance 
     Officers and Seriously Injured/Ill Assistance Officers are 
     properly trained.
       ``(2) The Secretary of each military department shall--
       ``(A) ensure that Casualty Assistance Officers and 
     Seriously Injured/Ill Assistance Officers are properly 
     trained; and
       ``(B) monitor the performance of persons assigned to duty 
     as Casualty Assistance Officers and Seriously Injured/Ill 
     Assistance Officers.
       ``(g) Criteria for Determination of Serious Injury or 
     Illness.--The Secretary of Defense shall specify criteria for 
     determination for purposes of this section of whether a 
     member is seriously injured or seriously ill. ''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1790. Casualty Assistance Officers; Seriously Injured/Ill Assistance 
              Officers.''.

       (b) Implementation.--The Secretary of Defense shall 
     prescribe regulations for the implementation of section 1790 
     of title 10, United States Code, as added by subsection (a), 
     not later than180 days after the date of the enactment of 
     this Act.

     SEC. 543. STANDARDS AND GUIDELINES FOR DEPARTMENT OF DEFENSE 
                   PROGRAMS TO ASSIST WOUNDED AND INJURED MEMBERS.

       The Secretary of Defense shall examine the programs of the 
     Army, Navy, Air Force, and Marine Corps that provide 
     assistance to members of the Armed Forces who incur severe 
     wounds or injuries in the line of duty, including the Army 
     Disabled Soldier Support Program and the Marine for Life 
     Injured Support Program, and (based on such examination) 
     shall develop standards and guidelines as necessary to 
     coordinate and standardize those programs with the activities 
     of the Severely Injured Joint Support Operations Center of 
     the Department of Defense, established as of February 1, 
     2005. The Secretary shall publish regulations to implement 
     the standards and guidelines developed pursuant to the 
     preceding sentence not later than 180 days after the date of 
     the enactment of this Act.

     SEC. 544. AUTHORITY FOR MEMBERS ON ACTIVE DUTY WITH 
                   DISABILITIES TO PARTICIPATE IN PARALYMPIC 
                   GAMES.

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

       Subtitle F--Military Justice and Legal Assistance Matters

     SEC. 551. CLARIFICATION OF AUTHORITY OF MILITARY LEGAL 
                   ASSISTANCE COUNSEL TO PROVIDE MILITARY LEGAL 
                   ASSISTANCE WITHOUT REGARD TO LICENSING 
                   REQUIREMENTS.

       Section 1044 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:

[[Page 11245]]

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

     SEC. 552. USE OF TELECONFERENCING IN ADMINISTRATIVE SESSIONS 
                   OF COURTS-MARTIAL.

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

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

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

     SEC. 554. OFFENSE OF STALKING UNDER THE UNIFORM CODE OF 
                   MILITARY JUSTICE.

       (a) In General.--(1) Subchapter X of chapter 47 of title 
     10, United States Code (the Uniform Code of Military 
     Justice), is amended by inserting after section 928 (article 
     128) the following new section:

     ``Sec. 928a. Art. 128a. Stalking

       ``Any person subject to this chapter who, on two or more 
     occasions, engages in one or more threatening acts with 
     respect to a specific person--
       ``(1) that the person knows or should know would place the 
     specific person in emotional distress or in reasonable fear 
     of death or bodily harm to the specific person or to an 
     immediate family member or intimate partner of the specific 
     person; and
       ``(2) that places the specific person in emotional distress 
     or in reasonable fear of death or bodily harm to the specific 
     person or to an immediate family member or intimate partner 
     of the specific person;
     is guilty of stalking and shall be punished as a court-
     martial may direct.''.
       (2) The table of sections at the beginning of such 
     subchapter is amended by inserting after the item relating to 
     section 928 the following new item:

``928a. Art. 128a. Stalking.''.

       (b) Applicability.--Section 928a of title 10, United States 
     Code (article 128a of the Uniform Code of Military Justice), 
     as added by subsection (a), applies to offenses committed 
     after the date that is six months after the date of the 
     enactment of this Act.

     SEC. 555. RAPE, SEXUAL ASSAULT, AND OTHER SEXUAL MISCONDUCT 
                   UNDER UNIFORM CODE OF MILITARY JUSTICE.

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

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

       ``(a) Rape.--Any person subject to this chapter who causes 
     another person of any age to engage in a sexual act by--
       ``(1) using force against that other person;
       ``(2) causing grievous bodily harm to any person;
       ``(3) threatening or placing that other person in fear that 
     any person will be subjected to death, grievous bodily harm, 
     or kidnapping;
       ``(4) rendering another person unconscious; or
       ``(5) administering to another person by force or threat of 
     force, or without the knowledge or permission of that person, 
     a drug, intoxicant, or other similar substance and thereby 
     substantially impairs the ability of that other person to 
     appraise or control conduct,

     is guilty of rape and shall be punished as a court-martial 
     may direct.
       ``(b) Rape of a Child.--Any person subject to this chapter 
     who--
       ``(1) engages in a sexual act with a child who has not 
     attained the age of twelve years; or
       ``(2) engages in a sexual act under the circumstances 
     described in subsection (a) with a child who has attained the 
     age of twelve years,
     is guilty of rape of a child and shall be punished as a 
     court-martial may direct.
       ``(c) Aggravated Sexual Assault.--Any person subject to 
     this chapter who--
       ``(1) causes another person of any age to engage in a 
     sexual act by--
       ``(A) threatening or placing that other person in fear 
     (other than by threatening or placing that other person in 
     fear that any person will be subjected to death, grievous 
     bodily harm, or kidnapping); or
       ``(B) causing bodily harm; or
       ``(2) engages in a sexual act with another person of any 
     age if that other person is substantially incapacitated or 
     substantially incapable of--
       ``(A) appraising the nature of the sexual act;
       ``(B) declining participation in the sexual act; or
       ``(C) communicating unwillingness to engage in the sexual 
     act,

     is guilty of aggravated sexual assault and shall be punished 
     as a court-martial may direct.
       ``(d) Aggravated Sexual Assault of a Child.--Any person 
     subject to this chapter who engages in a sexual act with a 
     child who has attained the age of twelve years is guilty of 
     aggravated sexual assault of a child and shall be punished as 
     a court-martial may direct.
       ``(e) Aggravated Sexual Contact.--Any person subject to 
     this chapter who engages in or causes sexual contact with or 
     by another person, if to do so would violate subsection (a) 
     (rape) had the sexual contact been a sexual act, is guilty of 
     aggravated sexual contact and shall be punished as a court-
     martial may direct.
       ``(f) Aggravated Sexual Abuse of a Child.--Any person 
     subject to this chapter who engages in a lewd act with a 
     child is guilty of aggravated sexual abuse of a child and 
     shall be punished as a court-martial may direct.
       ``(g) Aggravated Sexual Contact With a Child.--Any person 
     subject to this chapter who engages in or causes sexual 
     contact with or by another person, if to do so would violate 
     subsection (b) (rape of a child) had the sexual contact been 
     a sexual act, is guilty of aggravated sexual contact with a 
     child and shall be punished as a court-martial may direct.
       ``(h) Abusive Sexual Contact.--Any person subject to this 
     chapter who engages in or causes sexual contact with or by 
     another person, if to do so would violate subsection (c) 
     (aggravated sexual assault) had the sexual contact been a 
     sexual act, is guilty of abusive sexual contact and shall be 
     punished as a court-martial may direct.
       ``(i) Abusive Sexual Contact With a Child.--Any person 
     subject to this chapter who engages in or causes sexual 
     contact with or by another person, if to do so would violate 
     subsection (d) (aggravated sexual assault of a child) had the 
     sexual contact been a sexual act, is guilty of abusive sexual 
     contact with a child and shall be punished as a court-martial 
     may direct.
       ``(j) Indecent Liberty With a Child.--Any person subject to 
     this chapter who engages in indecent liberty in the physical 
     presence of a child--
       ``(1) with the intent to arouse, appeal to, or gratify the 
     sexual desire of any person; or
       ``(2) with the intent to abuse, humiliate, or degrade any 
     person,

     is guilty of indecent liberty with a child and shall be 
     punished as a court-martial may direct.
       ``(k) Indecent Act.--Any person subject to this chapter who 
     engages in indecent conduct is guilty of an indecent act and 
     shall be punished as a court-martial may direct.
       ``(l) Forcible Pandering.--Any person subject to this 
     chapter who compels another person to engage in an act of 
     prostitution with another person to be directed to said 
     person is guilty of forcible pandering and shall be punished 
     as a court-martial may direct.
       ``(m) Wrongful Sexual Contact.--Any person subject to this 
     chapter who, without legal justification or lawful 
     authorization, engages in sexual contact with another person 
     without that other person's permission is guilty of wrongful 
     sexual contact and shall be punished as a court-martial may 
     direct.
       ``(n) Indecent Exposure.--Any person subject to this 
     chapter who intentionally exposes, in an indecent manner, in 
     any place where the conduct involved may reasonably be 
     expected to be viewed by people other than members of the 
     actor's family or household, the genitalia, anus, buttocks, 
     or female areola or nipple is guilty of indecent exposure and 
     shall by punished as a court-martial may direct.
       ``(o) Age of Child.--
       ``(1) Twelve years.--In a prosecution under subsection (b) 
     (rape of a child), (g) (aggravated sexual contact with a 
     child), or (j) (indecent liberty with a child), it need not 
     be proven that the accused knew that the other person 
     engaging in the sexual act, contact, or liberty had not 
     attained the age of twelve years. It is not an affirmative 
     defense that the accused reasonably

[[Page 11246]]

     believed that the child had attained the age of twelve years.
       ``(2) Sixteen years.--In a prosecution under subsection (d) 
     (aggravated sexual assault of a child), (f) (aggravated 
     sexual abuse of a child), (i) (abusive sexual contact with a 
     child), or (j) (indecent liberty with a child), it need not 
     be proven that the accused knew that the other person 
     engaging in the sexual act, contact, or liberty had not 
     attained the age of sixteen years. Unlike in paragraph (1), 
     however, it is an affirmative defense that the accused 
     reasonably believed that the child had attained the age of 
     sixteen years.
       ``(p) Proof of Threat.--In a prosecution under this 
     section, in proving that the accused made a threat, it need 
     not be proven that the accused actually intended to carry out 
     the threat.
       ``(q) Marriage.--
       ``(1) In general.--In a prosecution under paragraph (2) of 
     subsection (c) (aggravated sexual assault), or under 
     subsection (d) (aggravated sexual assault of a child), (f) 
     (aggravated sexual abuse of a child), (i) (abusive sexual 
     contact with a child), (j) (indecent liberty with a child), 
     (m) (wrongful sexual contact), or (n) (indecent exposure), it 
     is an affirmative defense that the accused and the other 
     person when they engaged in the sexual act, sexual contact, 
     or sexual conduct are married to each other.
       ``(2) Definition.--For purposes of this subsection, a 
     marriage is a relationship, recognized by the laws of a 
     competent state or foreign jurisdiction, between the accused 
     and the other person as spouses. A marriage exists until it 
     is dissolved in accordance with the laws of a competent state 
     or foreign jurisdiction.
       ``(3) Exception.--Paragraph (1) shall not apply if the 
     accused's intent at the time of the sexual conduct is to 
     abuse, humiliate, or degrade any person, or if the child is 
     under the age of fifteen years.
       ``(r) Consent and Mistake of Fact as to Consent.--Lack of 
     permission is an element of the offense in subsection (m) 
     (wrongful sexual contact). Consent and mistake of fact as to 
     consent are not an issue, or an affirmative defense, in a 
     prosecution under any other subsection, except they are an 
     affirmative defense for the sexual conduct in issue in a 
     prosecution under subsection (a) (rape), (c) (aggravated 
     sexual assault), (e) (aggravated sexual contact), and (h) 
     (abusive sexual contact).
       ``(s) Other Affirmative Defenses not Precluded.--The 
     enumeration in this section of some affirmative defenses 
     shall not be construed as excluding the existence of others.
       ``(t) No Preemption.--The prosecution or punishment of an 
     accused for an offense under this section does not preclude 
     the prosecution or punishment of that accused for any other 
     offense.
       ``(u) Definitions.--In this section:
       ``(1) Sexual act.--The term `sexual act' means--
       ``(A) contact between the penis and the vulva, and for 
     purposes of this subparagraph contact involving the penis 
     occurs upon penetration, however slight; or
       ``(B) the penetration, however slight, of the genital 
     opening of another by a hand or finger or by any object, with 
     an intent to abuse, humiliate, harass, or degrade any person 
     or to arouse or gratify the sexual desire of any person.
       ``(2) Sexual contact.--The term `sexual contact' means the 
     intentional touching, either directly or through the 
     clothing, of the genitalia, anus, groin, breast, inner thigh, 
     or buttocks of another person, or intentionally causing 
     another person to touch, either directly or through the 
     clothing, the genitalia, anus, groin, breast, inner thigh, or 
     buttocks of any person, with an intent to abuse, humiliate, 
     or degrade any person or to arouse or gratify the sexual 
     desire of any person.
       ``(3) Grievous bodily harm.--The term `grievous bodily 
     harm' means serious bodily injury. It includes fractured or 
     dislocated bones, deep cuts, torn members of the body, 
     serious damage to internal organs, and other severe bodily 
     injuries. It does not include minor injuries such as a black 
     eye or a bloody nose. It is the same level of injury as in 
     section 928 (article 128) of this chapter, and a lesser 
     degree of injury than in section 2246(4) of title 18.
       ``(4) Dangerous weapon or object.--The term `dangerous 
     weapon or object' means--
       ``(A) any firearm, loaded or not, and whether operable or 
     not;
       ``(B) any other weapon, device, instrument, material, or 
     substance, whether animate or inanimate, that in the manner 
     it is used, or is intended to be used, is known to be capable 
     of producing death or grievous bodily harm; or
       ``(C) any object fashioned or utilized in such a manner as 
     to lead the victim under the circumstances to reasonably 
     believe it to be capable of producing death or grievous 
     bodily harm.
       ``(5) Force.--The term `force' means action to compel 
     submission of another or to overcome or prevent another's 
     resistance by--
       ``(A) the use or display of a dangerous weapon or object;
       ``(B) the suggestion of possession of a dangerous weapon or 
     object that is used in a manner to cause another to believe 
     it is a dangerous weapon or object; or
       ``(C) physical violence, strength, power, or restraint 
     applied to another person, sufficient that the other person 
     could not avoid or escape the sexual conduct.
       ``(6) Threatening or placing that other person in fear.--
     The term `threatening or placing that other person in fear' 
     under paragraph (3) of subsection (a) (rape), or under 
     subsection (e) (aggravated sexual contact), means a 
     communication or action that is of sufficient consequence to 
     cause a reasonable fear that non-compliance will result in 
     the victim or another person being subjected to death, 
     grievous bodily harm, or kidnapping.
       ``(7) Threatening or placing that other person in fear.--
       ``(A) In general.--The term `threatening or placing that 
     other person in fear' under paragraph (1)(A) of subsection 
     (c) (aggravated sexual assault), or under subsection (h) 
     (abusive sexual contact), means a communication or action 
     that is of sufficient consequence to cause a reasonable fear 
     that non-compliance will result in the victim or another 
     being subjected to a lesser degree of harm than death, 
     grievous bodily harm, or kidnapping.
       ``(B) Inclusions.--Such lesser degree of harm includes--
       ``(i) physical injury to another person or to another 
     person's property; or
       ``(ii) a threat--

       ``(I) to accuse any person of a crime;
       ``(II) to expose a secret or publicize an asserted fact, 
     whether true or false, tending to subject some person to 
     hatred, contempt or ridicule; or
       ``(III) through the use or abuse of military position, 
     rank, or authority, to affect or threaten to affect, either 
     positively or negatively, the military career of some person.

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

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

       ``(ii) physically declining participation in the sexual 
     conduct at issue; or
       ``(iii) physically communicating unwillingness to engage in 
     the sexual conduct at issue.
       ``(15) Mistake of fact as to consent.--The term `mistake of 
     fact as to consent' means the accused held, as a result of 
     ignorance or mistake, an incorrect belief that the other 
     person engaging in the sexual conduct consented. The 
     ignorance or mistake must have existed in the mind of the 
     accused and must have been reasonable under all the 
     circumstances. To be reasonable the ignorance or mistake must 
     have been based on information, or lack of it, which would 
     indicate to a reasonable person that the other person 
     consented. Additionally, the ignorance

[[Page 11247]]

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

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

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

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

     SEC. 561. ENROLLMENT IN OVERSEAS SCHOOLS OF DEFENSE 
                   DEPENDENTS' EDUCATION SYSTEM OF CHILDREN OF 
                   CITIZENS OR NATIONALS OF THE UNITED STATES 
                   HIRED IN OVERSEAS AREAS AS FULL-TIME DEPARTMENT 
                   OF DEFENSE EMPLOYEES.

       Paragraph (2) of section 1414 of the Defense Dependents' 
     Education Act of 1978 (20 U.S.C. 932) is amended to read as 
     follows:
       ``(2) The term `sponsor' means a person who is--
       ``(A) a member of the Armed Forces serving on active duty 
     who--
       ``(i) is authorized to transport dependents to or from an 
     overseas area at Government expense; and
       ``(ii) is provided an allowance for living quarters in that 
     area;
       ``(B) a full-time civilian officer or employee of the 
     Department of Defense who--
       ``(i) is a citizen or national of the United States;
       ``(ii) is authorized to transport dependents to or from an 
     overseas area at Government expense; and
       ``(iii) is provided an allowance for living quarters in 
     that area; or
       ``(C) a full-time civilian officer or employee of the 
     Department of Defense who--
       ``(i) is a citizen or national of the United States;
       ``(ii) resided in an overseas area at the time of the 
     person's employment; and
       ``(iii) is employed by the Department of Defense in that 
     area.''.

     SEC. 562. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT 
                   BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED 
                   FORCES AND DEPARTMENT OF DEFENSE CIVILIAN 
                   EMPLOYEES.

       (a) Assistance to Schools With Significant Numbers of 
     Military Dependent Students.--
       (1) Assistance authorized.--The Secretary of Defense shall 
     provide financial assistance to an eligible local educational 
     agency described in paragraph (2) if, without such 
     assistance, the local educational agency will be unable (as 
     determined by the Secretary of Defense in consultation with 
     the Secretary of Education) to provide the students in the 
     schools of the local educational agency with a level of 
     education that is equivalent to the minimum level of 
     education available in the schools of the other local 
     educational agencies in the same State.
       (2) Eligible local educational agencies.--A local 
     educational agency is eligible for assistance under this 
     subsection for a fiscal year if at least 20 percent (as 
     rounded to the nearest whole percent) of the students in 
     average daily attendance in the schools of the local 
     educational agency during the preceding school year were 
     military dependent students counted under section 8003(a)(1) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7703(a)(1)).
       (b) Assistance to Schools With Enrollment Changes Due to 
     Base Closures, Force Structure Changes, or Force 
     Relocations.--
       (1) Assistance authorized.--To assist communities in making 
     adjustments resulting from changes in the size or location of 
     the Armed Forces, the Secretary of Defense shall provide 
     financial assistance to an eligible local educational agency 
     described in paragraph (2) if, during the period between the 
     end of the school year preceding the fiscal year for which 
     the assistance is authorized and the beginning of the school 
     year immediately preceding that school year, the local 
     educational agency had (as determined by the Secretary of 
     Defense in consultation with the Secretary of Education) an 
     overall increase or reduction of--
       (A) not less than five percent in the average daily 
     attendance of military dependent students in the schools of 
     the local educational agency; or
       (B) not less than 250 military dependent students in 
     average daily attendance in the schools of the local 
     educational agency.
       (2) Eligible local educational agencies.--A local 
     educational agency is eligible for assistance under this 
     subsection for a fiscal year if --
       (A) the local educational agency is eligible for assistance 
     under subsection (a) for the same fiscal year, or would have 
     been eligible for such assistance if not for the reduction in 
     military dependent students in schools of the local 
     educational agency; and
       (B) the overall increase or reduction in military dependent 
     students in schools of the local educational agency is the 
     result of the closure or realignment of military 
     installations under the base closure process or the 
     relocation of members of the Armed Forces and civilian 
     employees of the Department of Defense as part of force 
     structure changes or movements of units or personnel between 
     military installations.
       (3) Calculation of amount of assistance.--
       (A) Pro rata distribution.--The amount of the assistance 
     provided under this subsection to a local educational agency 
     that is eligible for such assistance for a fiscal year shall 
     be equal to the product obtained by multiplying--
       (i) the per-student rate determined under subparagraph (B) 
     for that fiscal year; by
       (ii) the net of the overall increases and reductions in the 
     number of military dependent students in schools of the local 
     educational agency, as determined under paragraph (1).
       (B) Per-student rate.--For purposes of subparagraph (A)(i), 
     the per-student rate for a fiscal year shall be equal to the 
     dollar amount obtained by dividing--
       (i) the total amount of funds made available for that 
     fiscal year to provide assistance under this subsection; by
       (ii) the sum of the overall increases and reductions in the 
     number of military dependent students in schools of all 
     eligible local educational agencies for that fiscal year 
     under this subsection.
       (c) Notification.--Not later than June 30, 2006, and June 
     30 of each fiscal year thereafter for which funds are made 
     available to carry out this section, the Secretary of Defense 
     shall notify each local educational agency that is eligible 
     for assistance under this section for that fiscal year of--
       (1) the eligibility of the local educational agency for the 
     assistance, including whether the agency is eligible for 
     assistance under either subsection (a) or (b) or both 
     subsections; and
       (2) the amount of the assistance for which the local 
     educational agency is eligible.
       (d) Disbursement of Funds.--The Secretary of Defense shall 
     disburse assistance made available under this section for a 
     fiscal year not later than 30 days after the date on which 
     notification to the eligible local educational agencies is 
     provided pursuant to subsection (c) for that fiscal year.
       (e) Finding for Fiscal Year 2006.--Of the amount authorized 
     to be appropriated pursuant to section 301(5) for operation 
     and maintenance for Defense-wide activities--
       (1) $50,000,000 shall be available only for the purpose of 
     providing assistance to local educational agencies under 
     subsection (a); and
       (2) $10,000,000 shall be available only for the purpose of 
     providing assistance to local educational agencies under 
     subsection (b).

[[Page 11248]]

       (f) Definitions.--In this section:
       (1) The term ``base closure process'' means the 2005 base 
     closure and realignment process authorized by Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note) or any base closure 
     and realignment process conducted after the date of the 
     enactment of this Act under section 2687 of title 10, United 
     States Code, or any other similar law enacted after that 
     date.
       (2) The term ``local educational agency'' has the meaning 
     given that term in section 8013(9) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
       (3) The term ``military dependent students'' refers to--
       (A) elementary and secondary school students who are 
     dependents of members of the Armed Forces; and
       (B) elementary and secondary school students who are 
     dependents of civilian employees of the Department of 
     Defense.
       (4) The term ``State'' means each of the 50 States and the 
     District of Columbia.
       (g) Repeal of Former Authority.--Section 386 of the 
     National Defense Authorization Act for Fiscal Year 1993 
     (Public Law 102-484; 20 U.S.C. 7703 note) is repealed. The 
     repeal of such section shall not affect the distribution of 
     assistance to local educational agencies under section 559 of 
     the Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1917) for 
     fiscal year 2005.

     SEC. 563. CONTINUATION OF IMPACT AID ASSISTANCE ON BEHALF OF 
                   DEPENDENTS OF CERTAIN MEMBERS DESPITE CHANGE IN 
                   STATUS OF MEMBER.

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

                   Subtitle H--Decorations and Awards

     SEC. 565. COLD WAR VICTORY MEDAL.

       (a) Authority.--Chapter 57 of title 10, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 1134. Cold War Victory Medal

       ``(a) Medal Authorized.--The Secretary concerned shall 
     issue a service medal, to be known as the `Cold War Victory 
     Medal', to persons eligible to receive the medal under 
     subsection (b). The Cold War Victory Medal shall be of an 
     appropriate design approved by the Secretary of Defense, with 
     ribbons, lapel pins, and other appurtenances.
       ``(b) Eligible Persons.--The following persons are eligible 
     to receive the Cold War Victory Medal:
       ``(1) A person who--
       ``(A) performed active duty or inactive duty training as an 
     enlisted member during the Cold War;
       ``(B) completed the person's initial term of enlistment or, 
     if discharged before completion of such initial term of 
     enlistment, was honorably discharged after completion of not 
     less than 180 days of service on active duty; and
       ``(C) has not received a discharge less favorable than an 
     honorable discharge or a release from active duty with a 
     characterization of service less favorable than honorable.
       ``(2) A person who--
       ``(A) performed active duty or inactive duty training as a 
     commissioned officer or warrant officer during the Cold War;
       ``(B) completed the person's initial service obligation as 
     an officer or, if discharged or separated before completion 
     of such initial service obligation, was honorably discharged 
     after completion of not less than 180 days of service on 
     active duty; and
       ``(C) has not been released from active duty with a 
     characterization of service less favorable than honorable and 
     has not received a discharge or separation less favorable 
     than an honorable discharge.
       ``(c) One Award Authorized.--Not more than one Cold War 
     Victory Medal may be issued to any person.
       ``(d) Issuance to Representative of Deceased.--If a person 
     described in subsection (b) dies before being issued the Cold 
     War Victory Medal, the medal shall be issued to the person's 
     representative, as designated by the Secretary concerned.
       ``(e) Replacement.--Under regulations prescribed by the 
     Secretary concerned, a Cold War Victory Medal that is lost, 
     destroyed, or rendered unfit for use without fault or neglect 
     on the part of the person to whom it was issued may be 
     replaced without charge.
       ``(f) Application for Medal.--The Cold War Victory Medal 
     shall be issued upon receipt by the Secretary concerned of an 
     application for such medal, submitted in accordance with such 
     regulations as the Secretary prescribes.
       ``(g) Uniform Regulations.--The Secretary of Defense shall 
     ensure that regulations prescribed by the Secretaries of the 
     military departments under this section are uniform so far as 
     is practicable.
       ``(h) Definition.--In this section, the term `Cold War' 
     means the period beginning on September 2, 1945, and ending 
     at the end of December 26, 1991.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1134. Cold War Victory Medal.''.

     SEC. 566. ESTABLISHMENT OF COMBAT MEDEVAC BADGE.

       (a) Army.--
       (1) In general.--Chapter 357 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 3757. Combat Medevac Badge

       ``(a) The Secretary of the Army shall issue a badge of 
     appropriate design, to be known as the Combat Medevac Badge, 
     to each person who while a member of the Army served in 
     combat on or after June 25, 1950, as a pilot or crew member 
     of a helicopter medical evacuation ambulance and who meets 
     the requirements for the award of that badge.
       ``(b) The Secretary of the Army shall prescribe 
     requirements for eligibility for the Combat Medevac Badge.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``3757. Combat Medevac Badge.''.

       (b) Navy and Marine Corps.--
       (1) In general.--Chapter 567 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 6259. Combat Medevac Badge

       ``(a) The Secretary of the Navy shall issue a badge of 
     appropriate design, to be known as the Combat Medevac Badge, 
     to each person who while a member of the Navy or Marine Corps 
     served in combat on or after June 25, 1950, as a pilot or 
     crew member of a helicopter medical evacuation ambulance and 
     who meets the requirements for the award of that badge.
       ``(b) The Secretary of the Navy shall prescribe 
     requirements for eligibility for the Combat Medevac Badge.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``6259. Combat Medevac Badge.''.

       (c) Air Force.--
       (1) In general.--Chapter 857 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 8757. Combat Medevac Badge

       ``(a) The Secretary of the Air Force shall issue a badge of 
     appropriate design, to be known as the Combat Medevac Badge, 
     to each person who while a member of the Air Force served in 
     combat on or after June 25, 1950, as a pilot or crew member 
     of a helicopter medical evacuation ambulance and who meets 
     the requirements for the award of that badge.
       ``(b) The Secretary of the Air Force shall prescribe 
     requirements for eligibility for the Combat Medevac Badge.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``8757. Combat Medevac Badge.''.

       (d) Award for Service Before Date of Enactment.--In the 
     case of persons who, while a member of the Armed Forces, 
     served in combat as a pilot or crew member of a helicopter 
     medical evacuation ambulance during the period beginning on 
     June 25, 1950, and ending on the date of enactment of this 
     Act, the Secretary of the military department concerned shall 
     issue the Combat Medevac Badge--
       (1) to each such person who is known to the Secretary 
     before the date of enactment of this Act; and
       (2) to each such person with respect to whom an application 
     for the issuance of the badge is made to the Secretary after 
     such date in such manner, and within such time period, as the 
     Secretary may require.

     SEC. 567. ELIGIBILITY FOR OPERATION ENDURING FREEDOM CAMPAIGN 
                   MEDAL.

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

                       Subtitle I--Other Matters

     SEC. 571. EXTENSION OF WAIVER AUTHORITY OF SECRETARY OF 
                   EDUCATION WITH RESPECT TO STUDENT FINANCIAL 
                   ASSISTANCE DURING A WAR OR OTHER MILITARY 
                   OPERATION OR NATIONAL EMERGENCY.

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

     SEC. 572. ADOPTION LEAVE FOR MEMBERS OF THE ARMED FORCES 
                   ADOPTING CHILDREN.

       (a) Authority.--Section 701 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(i)(1) Under regulations prescribed by the Secretary of 
     Defense, a member of the armed forces adopting a child in a 
     qualifying child adoption is allowed up to 21 days of leave 
     in a calendar year to be used in connection with the 
     adoption.

[[Page 11249]]

       ``(2) For the purpose of this subsection, an adoption of a 
     child by a member is a qualifying child adoption if the 
     member is eligible for reimbursement of qualified adoption 
     expenses for such adoption under section 1052 of this title.
       ``(3) In the event that two members of the armed forces who 
     are spouses of each other adopt a child in a qualifying child 
     adoption, only one such member shall be allowed leave under 
     this subsection. Those members shall elect which of them 
     shall be allowed such leave.
       ``(4) Leave under paragraph (1) is in addition to other 
     leave provided under other provisions of this section.''.
       (b) Effective Date.--Subsection (i) of section 701 of title 
     10, United States Code (as added by subsection (a)), shall 
     take effect on October 1, 2005.

     SEC. 573. REPORT ON NEED FOR A PERSONNEL PLAN FOR LINGUISTS 
                   IN THE ARMED FORCES.

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

     SEC. 574. GROUND COMBAT AND OTHER EXCLUSION POLICIES.

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

     ``Sec. 652. Assignment eligibility; direct ground combat and 
       other exclusions applicable to female members

       ``(a) General Rule.--A member of the armed forces is 
     eligible to be assigned to all positions for which qualified, 
     except that female members of the armed forces shall be 
     excluded from assignment to units below brigade level the 
     primary mission of which is to engage in direct ground 
     combat.
       ``(b) Additional Restrictions.--In addition to the 
     limitation under subsection (a), female members of the armed 
     forces may be excluded from assignment to a unit, or a 
     position, as follows:
       ``(1) Where the Secretary concerned determines that the 
     costs of appropriate berthing and privacy arrangements would 
     be prohibitive.
       ``(2) Where the unit, or the position, is doctrinally 
     required to physically collocate and remain with a direct 
     ground combat unit to which female members may not be 
     assigned.
       ``(3) Where the unit is engaged in long-range 
     reconnaissance operations or Special Operations Forces 
     missions.
       ``(4) Where job-related physical requirements would 
     necessarily exclude the vast majority of female members.
       ``(c) Closure of Occupational Specialties.--
       ``(1) Any military career designator related to military 
     operations on the ground that is covered by paragraph (2) and 
     that as of May 18, 2005, is closed (in whole or in part) to 
     the assignment of female members shall remain closed (in the 
     same manner) to the assignment of female members.
       ``(2) Paragraph (1) applies--
       ``(A) for enlisted members and warrant officers, to 
     military occupational specialties, specialty codes, enlisted 
     designators, additional skill identifiers, and special 
     qualification identifiers; and
       ``(B) for officers (other than warrant officers), to 
     officer areas of concentration, occupational specialties, 
     specialty codes, designators, additional skill identifiers, 
     and special qualification identifiers.
       ``(d) Notice to Congress of Proposed Changes in Units, 
     Assignments, Etc. to Which Female Members May Be Assigned.--
       ``(1) Notice.--Except in a case covered by section 6035 of 
     this title, whenever the Secretary of Defense or the 
     Secretary of a military department proposes to make a change 
     to military personnel policies described in paragraph (2), 
     the Secretary shall, not less than 30 days before such change 
     is implemented, submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives notice, in writing, of the proposed 
     change.
       ``(2) Covered personnel policy changes.--Paragraph (1) 
     applies to a proposed military personnel policy change that 
     would make available to female members of the armed forces 
     assignment to any of the following that, as of the date of 
     the proposed change, is closed to such assignment:
       ``(A) Any type of existing or new unit, position, or other 
     assignment (other than an assignment covered by the 
     exclusions required by subsections (a) and (c)).
       ``(B) Any class of combat vessel.
       ``(C) Any type of combat platform.
       ``(e) Direct Ground Combat Defined.--In this section, the 
     term `direct ground combat' means engaging an enemy on the 
     ground with individual or crew-served weapons, while being 
     exposed to hostile fire and to a high probability of direct 
     physical contact with personnel of the hostile force, and 
     when well forward on the battlefield while locating and 
     closing with the enemy to defeat them by fire, maneuver, or 
     shock effect.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 651 the following new item:

``652. Assignment eligibility; direct ground combat and other 
              exclusions applicable to female members.''.

       (b) Report on Positions Opened to Female Members Since July 
     1994.--
       (1) Report.--Not later than March 30, 2006, the Secretary 
     of Defense shall submit to Congress a detailed report of all 
     units, positions, military occupational specialties, career 
     fields, and other assignments that--
       (A) were reported to Congress on July 28, 1994, as being 
     closed to the assignment of female members of the Armed 
     Forces; and
       (B) have since that date been opened to the assignment of 
     female members.
       (2) Matters to be included.--The report under paragraph (1) 
     shall include the following:
       (A) A detailed description of, and justification for, each 
     of the changes identified under that paragraph.
       (B) For any unit or position that was reported closed to 
     the assignment of female members as described in subparagraph 
     (A) of paragraph (1) that no longer exists in the service 
     inventory, identification of the successor unit performing 
     the function and whether that successor unit is open or 
     closed to the assignment of female members.
       (c) List of Units, Positions, Etc., Closed to Female 
     Members.--At the same time the report under subsection (b) is 
     submitted to Congress, the Secretary of Defense shall submit 
     to Congress a report providing--
       (1) a list of the military career designators covered by 
     paragraph (2) of section 652(c) of title 10, United States 
     Code (as added by subsection (a)(1)), that were closed (in 
     whole or in part) to the assignment of female members of the 
     Armed Forces as of May 18, 2005, and that, pursuant to 
     paragraph (1) of that section, are required to remain closed 
     to the assignment of female members of the Armed Forces; and
       (2) for each such military career designator--
       (A) specification of whether that designator is closed to 
     the assignment of female members in whole or in part; and
       (B) the numbers of positions that are closed to the 
     assignment of female members.
       (d) Conforming Repeal.--Section 542 of the National Defense 
     Authorization Act for Fiscal Year 1994 (10 U.S.C. 113 note) 
     is repealed.

          TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                     Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2006.
Sec. 602. Additional pay for permanent military professors at United 
              States Naval Academy with over 36 years of service.
Sec. 603. Basic pay rates for reserve component members selected to 
              attend military service academy preparatory schools.
Sec. 604. Clarification of restriction on compensation for 
              correspondence courses.
Sec. 605. Permanent authority for supplemental subsistence allowance 
              for low-income members with dependents.
Sec. 606. Basic allowance for housing for Reserve members.
Sec. 607. Overseas cost of living allowance.
Sec. 608. Income replacement payments for Reserves experiencing 
              extended and frequent mobilization for active duty 
              service.

           Subtitle B--Bonuses and Special and Incentive Pays

Sec. 611. Extension or resumption of certain bonus and special pay 
              authorities for reserve forces.
Sec. 612. Extension of certain bonus and special pay authorities for 
              certain health care professionals.
Sec. 613. Extension of special pay and bonus authorities for nuclear 
              officers.
Sec. 614. One-year extension of other bonus and special pay 
              authorities.
Sec. 615. Expansion of eligibility of dental officers for additional 
              special pay.
Sec. 616. Increase in maximum monthly rate authorized for hardship duty 
              pay.
Sec. 617. Flexible payment of assignment incentive pay.
Sec. 618. Active-duty reenlistment bonus.
Sec. 619. Reenlistment bonus for members of Selected Reserve.
Sec. 620. Combination of affiliation and accession bonuses for service 
              in the Selected Reserve.

[[Page 11250]]

Sec. 621. Eligibility requirements for prior service enlistment bonus.
Sec. 622. Increase in authorized maximum amount of enlistment bonus.
Sec. 623. Discretion of Secretary of Defense to authorize retroactive 
              hostile fire and imminent danger pay.
Sec. 624. Increase in maximum bonus amount for nuclear-qualified 
              officers extending period of active duty.
Sec. 625. Increase in maximum amount of nuclear career annual incentive 
              bonus for nuclear-qualified officers trained while 
              serving as enlisted members.
Sec. 626. Uniform payment of foreign language proficiency pay to 
              eligible reserve component members and regular component 
              members.
Sec. 627. Retention bonus for members qualified in certain critical 
              skills or satisfying other eligibility criteria.
Sec. 628. Availability of critical-skills accession bonus for persons 
              enrolled in Senior Reserve Officers' Training Corps who 
              are obtaining nursing degrees.

            Subtitle C--Travel and Transportation Allowances

Sec. 641. Authorized absences of members for which lodging expenses at 
              temporary duty location may be paid.
Sec. 642. Extended period for selection of home for travel and 
              transportation allowances for dependents of deceased 
              member.
Sec. 643. Transportation of family members incident to repatriation of 
              members held captive.
Sec. 644. Increased weight allowances for shipment of household goods 
              of senior noncommissioned officers.

             Subtitle D--Retired Pay and Survivor Benefits

Sec. 651. Monthly disbursement to States of State income tax withheld 
              from retired or retainer pay.
Sec. 652. Revision to eligibility for nonregular service retirement 
              after establishing eligibility for regular retirement.
Sec. 653. Denial of military funeral honors in certain cases.
Sec. 654. Child support for certain minor children of retirement-
              eligible members convicted of domestic violence resulting 
              in death of child's other parent.
Sec. 655. Concurrent receipt of veterans disability compensation and 
              military retired pay.
Sec. 656. Military Survivor Benefit Plan beneficiaries under insurable 
              interest coverage.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality 
                                Benefits

Sec. 661. Increase in authorized level of supplies and services 
              procurement from overseas exchange stores.
Sec. 662. Requirements for private operation of commissary store 
              functions.
Sec. 663. Provision of information technology services for 
              accommodations provided by nonappropriated fund 
              instrumentalities for wounded members of the Armed Forces 
              and their families.
Sec. 664. Provision of and payment for overseas transportation services 
              for commissary and exchange supplies.
Sec. 665. Compensatory time off for certain nonappropriated fund 
              employees.

                       Subtitle F--Other Matters

Sec. 671. Inclusion of Senior Enlisted Advisor for the Chairman of the 
              Joint Chiefs of Staff among senior enlisted members of 
              the Armed Forces.
Sec. 672. Special and incentive pays considered for saved pay upon 
              appointment of members as officers.
Sec. 673. Repayment of unearned portion of bonuses, special pays, and 
              educational benefits.
Sec. 674. Leave accrual for members assigned to deployable ships or 
              mobile units or to other designated duty.
Sec. 675. Army recruiting pilot program to encourage members of the 
              Army to refer other persons for enlistment.
Sec. 676. Special compensation for reserve component members who are 
              also tobacco farmers adversely affected by terms of 
              tobacco quota buyout.

                     Subtitle A--Pay and Allowances

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

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

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

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

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

       (a) Pay Equity for Reserves.--Section 203(e)(2) of title 
     37, United States Code, is amended--
       (1) by striking ``on active duty for a period of more than 
     30 days shall continue to receive'' and inserting ``shall 
     receive''; and
       (2) by inserting before the period at the end the 
     following: ``or at the rate provided for cadets and 
     midshipmen under subsection (c), whichever is greater''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the first month 
     beginning on or after the date of the enactment of this Act.

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

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

     SEC. 605. PERMANENT AUTHORITY FOR SUPPLEMENTAL SUBSISTENCE 
                   ALLOWANCE FOR LOW-INCOME MEMBERS WITH 
                   DEPENDENTS.

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

     SEC. 606. BASIC ALLOWANCE FOR HOUSING FOR RESERVE MEMBERS.

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

     SEC. 607. OVERSEAS COST OF LIVING ALLOWANCE.

       (a) Payment of Allowance Based on Overseas Location of 
     Dependents.--Section 405 of title 37, United States Code, is 
     amended by adding at the end the following new subsection:
       ``(e) Payment of Allowance Based on Overseas Location of 
     Dependents.--In the case of a member assigned to duty inside 
     the continental United States whose dependents continue to 
     reside outside of the continental United States, the 
     Secretary concerned may pay the member a per diem under this 
     section based on the location of the dependents and provide 
     reimbursement under subsection (d) for an unusual or 
     extraordinary expense incurred by the dependents if the 
     Secretary determines that such payment or reimbursement is in 
     the best interest of the member or the member's dependents 
     and in the best interest of the United States.''.
       (b) Clarification of Expenses Eligible for Lump-Sum 
     Reimbursement.--Subsection (d) of such section, as added by 
     section 605 of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 1945), is further amended--
       (1) in the subsection heading, by striking ``Nonrecurring'' 
     and inserting ``Unusual or Extraordinary'';
       (2) by inserting ``or (e)'' after ``subsection (a)'' each 
     place it appears; and
       (3) in paragraph (1)--
       (A) by striking ``a nonrecurring'' and inserting ``an 
     unusual or extraordinary'' in the matter preceding 
     subparagraph (A); and
       (B) in subparagraph (A), by inserting ``or the location of 
     the member's dependents'' before the semicolon.

     SEC. 608. INCOME REPLACEMENT PAYMENTS FOR RESERVES 
                   EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION 
                   FOR ACTIVE DUTY SERVICE.

       (a) In General.--Chapter 19 of title 37, United States 
     Code, is amended by adding at the end the following new 
     section:

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

       ``(a) Payment Required.--The Secretary concerned shall pay 
     to an eligible member of a reserve component of the armed 
     forces an amount equal to the monthly active-duty income 
     differential of the member, as determined by the Secretary. 
     The payments shall be made on a monthly basis.

[[Page 11251]]

       ``(b) Eligibility.--Subject to subsection (c), a reserve 
     component member is entitled to a payment under this section 
     for any full month of active duty of the member, while on 
     active duty under an involuntary mobilization order, 
     following the date on which the member--
       ``(1) completes 18 continuous months of service on active 
     duty under such an order;
       ``(2) completes 24 months on active duty during the 
     previous 60 months under such an order; or
       ``(3) is involuntarily mobilized for service on active duty 
     six months or less following the member's separation from the 
     member's previous period of active duty.
       ``(c) Minimum and Maximum Payment Amounts.--(1) A payment 
     under this section shall be made to a member for a month only 
     if the amount of the monthly active-duty income differential 
     for the month is greater than $50.
       ``(2) Notwithstanding the amount determined under 
     subsection (d) for a member for a month, the monthly payment 
     to a member under this section may not exceed $3,000.
       ``(d) Monthly Active-Duty Income Differential.--For 
     purposes of this section, the monthly active-duty income 
     differential of a member is the difference between--
       ``(1) the average monthly civilian income of the member; 
     and
       ``(2) the member's total monthly military compensation.
       ``(e) Definitions.--In this section:
       ``(1) The term `average monthly civilian income', with 
     respect to a member of a reserve component, means the amount, 
     determined by the Secretary concerned, of the earned income 
     of the member for either the 12 months preceding the member's 
     mobilization or the 12 months covered by the member's most 
     recent Federal income tax filing, divided by 12.
       ``(2) The term `total monthly military compensation' means 
     the amount, computed on a monthly basis, of the sum of--
       ``(A) the amount of the regular military compensation (RMC) 
     of the member; and
       ``(B) any amount of special pay or incentive pay and any 
     allowance (other than an allowance included in regular 
     military compensation) that is paid to the member on a 
     monthly basis.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

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

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

           Subtitle B--Bonuses and Special and Incentive Pays

     SEC. 611. EXTENSION OR RESUMPTION OF CERTAIN BONUS AND 
                   SPECIAL PAY AUTHORITIES FOR RESERVE FORCES.

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

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

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

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

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

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

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

     SEC. 615. EXPANSION OF ELIGIBILITY OF DENTAL OFFICERS FOR 
                   ADDITIONAL SPECIAL PAY.

       (a) Repeal of Internship and Residency Exception.--Section 
     302b(a)(4) of title 37, United States Code, is amended by 
     striking the first sentence and inserting the following new 
     sentence: ``An officer who is entitled to variable special 
     pay under paragraph (2) or (3) is also entitled to additional 
     special pay for any 12-month period during which an agreement 
     executed under subsection (b) is in effect with respect to 
     the officer.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2005.

     SEC. 616. INCREASE IN MAXIMUM MONTHLY RATE AUTHORIZED FOR 
                   HARDSHIP DUTY PAY.

       (a) Increase.--Section 305(a) of title 37, United States 
     Code, is amended by striking ``$300'' and inserting ``$750''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2005.

     SEC. 617. FLEXIBLE PAYMENT OF ASSIGNMENT INCENTIVE PAY.

       (a) Authority to Provide Lump Sum or Installment 
     Payments.--Section 307a of title 37, United States Code, is 
     amended--
       (1) in subsection (a), by striking ``monthly'';
       (2) in subsection (b)--
       (A) by inserting ``(1)'' before the first sentence;
       (B) in the second sentence, by striking ``and, subject to 
     subsection (c), the monthly rate of the incentive pay.'' and 
     inserting ``, the total or monthly amount to be paid under 
     the agreement, and whether the incentive pay will be provided 
     on a monthly basis, in a lump sum, or in installments other 
     than monthly.''; and
       (C) by adding at the end the following new paragraph:
       ``(2) The Secretary concerned and a member may agree to 
     extend an existing agreement under this section to cover an 
     additional period of service in a designated assignment.''; 
     and
       (3) in subsection (c), by adding at the end the following 
     new sentences: ``The maximum amount of a lump sum payment 
     under an agreement under this section may not exceed the 
     product of the maximum monthly rate and the number of months 
     covered by the agreement. Installment payments shall be 
     calculated using the same formula for the months covered by 
     the installment.''.
       (b) Repayment of Incentive Pay.--Such section is further 
     amended--
       (1) by redesignating subsection (f), as amended by section 
     614(b), as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Repayment.--A member who enters into an agreement 
     under this section and receives incentive pay under the 
     agreement in a lump sum or installments, but who fails to 
     complete the period of service covered by the payment, 
     whether voluntarily or because of misconduct, shall be 
     subject to the repayment provisions of section 303a(e) of 
     this title.''.

     SEC. 618. ACTIVE-DUTY REENLISTMENT BONUS.

       (a) Eligibility of Senior Enlisted Members.--Subsection (a) 
     of section 308 of title 37, United States Code, is amended--
       (1) in paragraph (1)(A), by striking ``16 years of active 
     duty'' and inserting ``20 years of active duty''; and
       (2) in paragraph (3), by striking ``18 years'' and 
     inserting ``24 years''.

[[Page 11252]]

       (b) Increase in Authorized Maximum Amount of Bonus.--
     Paragraph (2)(B) of such subsection is amended by striking 
     ``$60,000'' and inserting ``$90,000''.
       (c) Repeal of Reference to Obsolete Special Pay.--Paragraph 
     (1) of such subsection is amended--
       (1) by inserting ``and'' at the end of subparagraph (B);
       (2) by striking subparagraph (C); and
       (3) by redesignating subparagraph (D) as subparagraph (C).
       (d) Authority to Waive Eligibility Requirements.--Such 
     subsection is further amended by striking paragraph (5) and 
     inserting the following new paragraph:
       ``(5) In time of war or national emergency, the Secretary 
     concerned may waive all or a part of the eligibility 
     requirements specified in paragraph (1) for the payment of a 
     bonus under this section.''.
       (e) Repeal of Obsolete Special Pay.--
       (1) Repeal.--Section 312a of title 37, United States Code, 
     is repealed.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by striking 
     the item relating to section 312a.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2005.

     SEC. 619. REENLISTMENT BONUS FOR MEMBERS OF SELECTED RESERVE.

       (a) Eligibility of Senior Enlisted Members.--Subsection 
     (a)(1) of section 308b of title 37, United States Code, is 
     amended by striking ``16 years of total military service'' 
     and inserting ``20 years of total military service''.
       (b) Computation of Bonus Amount.--Subsection (b) of such 
     section is amended by adding at the end the following new 
     paragraph:
       ``(3) Any portion of a term of reenlistment or extension of 
     enlistment of a member that, when added to the total years of 
     service of the member at the time of discharge or release, 
     exceeds 24 years may not be used in computing the total bonus 
     amount under paragraph (1).''.
       (c) Authority to Waive Eligibility Requirements.--
     Subsection (c)(2) of such section is amended by striking ``In 
     the case'' and all that follows through ``the Secretary'' and 
     inserting ``In time of war or national emergency, the 
     Secretary''.

     SEC. 620. COMBINATION OF AFFILIATION AND ACCESSION BONUSES 
                   FOR SERVICE IN THE SELECTED RESERVE.

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

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

       ``(a) Affiliation Bonus Authorized.--(1) The Secretary 
     concerned may pay an affiliation bonus to an enlisted member 
     of an armed force who--
       ``(A) has completed fewer than 20 total years of military 
     service; and
       ``(B) executes a written agreement with the Secretary to 
     serve in the Selected Reserve, after being discharged or 
     released from active duty, for a period of not less than 
     three years in a skill, unit, or pay grade designated under 
     paragraph (2).
       ``(2) The Secretary concerned shall designate the critical 
     skills, units, and pay grades for which an affiliation bonus 
     is available under this subsection.
       ``(b) Accession Bonus Authorized.--The Secretary concerned 
     may pay an accession bonus to a person who--
       ``(1) has not previously served in the armed forces; and
       ``(2) executes a written agreement to serve as an enlisted 
     member in the Selected Reserve for a period of not less than 
     three years.
       ``(c) Limitation on Amount of Bonus.--The amount of a bonus 
     under subsection (a) or (b) may not exceed $15,000.
       ``(d) Payment Method.--Upon acceptance of a written 
     agreement by the Secretary concerned under subsection (a) or 
     (b), the total amount of the bonus payable under the 
     agreement becomes fixed. The agreement shall specify whether 
     the bonus will be paid by the Secretary in a lump sum or in 
     installments.
       ``(e) Payment to Mobilized Members.--A member of the 
     Selected Reserve entitled to a bonus under this section who 
     is called or ordered to active duty shall be paid, during 
     that period of active duty, any amount of the bonus that 
     becomes payable to the member during that period of active 
     duty.
       ``(f) Repayment.--A person who enters into an agreement 
     under subsection (a) or (b) and receives all or part of the 
     bonus under the agreement, but who does not commence to serve 
     in the Selected Reserve or does not satisfactorily 
     participate in the Selected Reserve for the total period of 
     service specified in the agreement, shall be subject to the 
     repayment provisions of section 303a(e) of this title.
       ``(g) Regulations.--This section shall be administered 
     under regulations prescribed by the Secretary of Defense for 
     the armed forces under the jurisdiction of the Secretary of 
     Defense and by the Secretary of Homeland Security for the 
     Coast Guard when it is not operating as a service in the 
     Navy.
       ``(h) Termination of Bonus Authority.--No bonus may be paid 
     under this section with respect to any agreement under 
     subsection (a) or (b) entered into after December 31, 
     2006.''.
       (b) Repeal of Separate Reserve Affiliation Bonus.--Section 
     308e of such title is repealed.
       (c) Clerical Amendments.--The table of sections at the 
     beginning of chapter 5 of such title is amended--
       (1) by striking the item relating to section 308c and 
     inserting the following new item:

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

       (2) by striking the item relating to section 308e.
       (d) Limitation on Fiscal Year 2006 Obligations.--During 
     fiscal year 2006, obligations incurred under section 308c of 
     title 37, United States Code, to provide bonuses for 
     affiliation or enlistment in the Select Reserve using the 
     expanded authority provided by the amendment made by 
     subsection (a) may not exceed $30,000,000. The bonus 
     authority available under such section shall not be 
     considered to be an expanded authority to the extent that the 
     authority was available under section 308e of such title, 
     before the repeal of such section by subsection (b).

     SEC. 621. ELIGIBILITY REQUIREMENTS FOR PRIOR SERVICE 
                   ENLISTMENT BONUS.

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

     SEC. 622. INCREASE IN AUTHORIZED MAXIMUM AMOUNT OF ENLISTMENT 
                   BONUS.

       (a) Increase.--Section 309(a) of title 37, United States 
     Code, is amended by striking ``$20,000'' and inserting 
     ``$30,000''.
       (b) Limitation on Fiscal Year 2006 Obligations.--During 
     fiscal year 2006, obligations incurred under section 309 of 
     title 37, United States Code, to provide enlistment bonuses 
     in the increased amounts authorized by the amendment made by 
     subsection (a) may not exceed $30,000,000.

     SEC. 623. DISCRETION OF SECRETARY OF DEFENSE TO AUTHORIZE 
                   RETROACTIVE HOSTILE FIRE AND IMMINENT DANGER 
                   PAY.

       Section 310(c) of title 37, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively; and
       (2) by inserting before paragraph (2), as so redesignated, 
     the following new paragraph (1):
       ``(1) In the case of an area described in subparagraph (B) 
     or (D) of subsection (a)(2), the Secretary of Defense shall 
     be responsible for designating the period during which duty 
     in the area will qualify members for special pay under this 
     section. The effective date designated for the commencement 
     of such a period may be a date occurring before, on, or after 
     the actual date on which the Secretary makes the designation. 
     If the commencement date for such a period is a date 
     occurring before the date on which the Secretary makes the 
     designation, the payment of special pay under this section 
     for the period between the commencement date and the date on 
     which the Secretary made the designation shall be subject to 
     the availability of appropriated funds for that purpose.''.

     SEC. 624. INCREASE IN MAXIMUM BONUS AMOUNT FOR NUCLEAR-
                   QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE 
                   DUTY.

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

     SEC. 625. INCREASE IN MAXIMUM AMOUNT OF NUCLEAR CAREER ANNUAL 
                   INCENTIVE BONUS FOR NUCLEAR-QUALIFIED OFFICERS 
                   TRAINED WHILE SERVING AS ENLISTED MEMBERS.

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

     SEC. 626. UNIFORM PAYMENT OF FOREIGN LANGUAGE PROFICIENCY PAY 
                   TO ELIGIBLE RESERVE COMPONENT MEMBERS AND 
                   REGULAR COMPONENT MEMBERS.

       (a) Availability of Bonus in Lieu of Monthly Special Pay.--
     Subsection (a) of section 316 of title 37, United States 
     Code, is amended--
       (1) by striking ``monthly special pay'' and inserting ``a 
     bonus''; and
       (2) by striking ``is entitled to basic pay under section 
     204 of this title and who''.
       (b) Payment of Bonus.--Such section is further amended--
       (1) by striking subsections (b), (d), (e), and (g);
       (2) by redesignating subsections (f) and (h) as subsections 
     (d) and (f) respectively;
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Bonus Amount; Time for Payment.--A bonus under 
     subsection (a) may not exceed $12,000 per one-year 
     certification period. The Secretary concerned may pay the 
     bonus in a single lump sum at the beginning of the 
     certification period or in installments during the 
     certification period. The bonus is in addition to any other 
     pay or allowance payable to a member under any other 
     provision of law.''.
       (c) Conforming Amendments.--Such section is further 
     amended--
       (1) in subsection (c)--
       (A) by striking ``special pay or'' both places it appears; 
     and
       (B) by striking ``or (b)'';
       (2) in subsection (d), as redesignated by subsection 
     (b)(2)--
       (A) in paragraph (1)--
       (i) by striking ``monthly special pay or'' in the matter 
     preceding subparagraph (A); and
       (ii) in subparagraph (C), by striking ``for receipt'' and 
     all that follows through the period at the end and inserting 
     ``under subsection (a)'';

[[Page 11253]]

       (B) in paragraph (2), by striking ``For purposes'' and all 
     that follows through ``the Secretary concerned'' and 
     inserting ``The Secretary concerned'';
       (C) in paragraph (3)--
       (i) by striking ``special pay or'' both places it appears; 
     and
       (ii) by striking ``subsection (h)'' and inserting 
     ``subsection (f)''; and
       (D) in paragraph (4), by striking ``subsection (g)'' and 
     inserting ``section 303a(e) of this title''; and
       (3) by inserting after such subsection (d) the following 
     new subsection (e):
       ``(e) Repayment.--A member who receives a bonus under this 
     section, but who does not satisfy an eligibility requirement 
     specified in paragraph (1), (2), (3), or (4) of subsection 
     (a) for the entire certification period, shall be subject to 
     the repayment provisions of section 303a(e) of this title.''.
       (d) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

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

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

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

     SEC. 627. RETENTION BONUS FOR MEMBERS QUALIFIED IN CERTAIN 
                   CRITICAL SKILLS OR SATISFYING OTHER ELIGIBILITY 
                   CRITERIA.

       (a) Availability of Bonus for Reserve Component Members.--
     Section 323 of title 37, United States Code, is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``who is serving on active duty and'' and inserting ``who is 
     serving on active duty in a regular component or in an active 
     status in a reserve component and who'';
       (B) in paragraph (1), by inserting ``or to remain in an 
     active status in a reserve component for at least one year'' 
     before the semicolon; and
       (C) in paragraph (3), by inserting ``or to remain in an 
     active status in a reserve component for a period of at least 
     one year'' before the period; and
       (2) in subsection (e)(1), by inserting ``or service in an 
     active status in a reserve component'' after ``active duty'' 
     each place it appears.
       (b) Additional Criteria for Bonus.--Such section is further 
     amended--
       (1) in subsection (a), by striking ``designated critical 
     military skill'' and inserting ``critical military skill 
     designated under subsection (b) or satisfies such other 
     eligibility criteria established under such subsection'';
       (2) in subsection (b)--
       (A) by striking ``Designation of Critical Skills.--'' and 
     inserting ``Eligibility Criteria.--(1)''; and
       (B) by adding at the end the following new paragraph:
       ``(2) The Secretary of Defense, and the Secretary of 
     Homeland Security with respect to the Coast Guard when it is 
     not operating as a service in the Navy, may establish such 
     other criteria as the Secretary considers appropriate under 
     which a retention bonus will be provided to a member of the 
     armed forces under subsection (a).''; and
       (3) in subsection (h)(1), by striking ``members qualified 
     in the critical military skills for which the bonuses were 
     offered'' and inserting ``members of the armed forces who 
     were offered a bonus under this section''.
       (c) Extended Eligibility Period for Certain Members.--
     Subsection (e) of such section is amended by striking 
     paragraph (2) and inserting the following new paragraphs:
       ``(2) The limitations in paragraph (1) do not apply with 
     respect to an officer who, during the period of active duty 
     or service in an active status in a reserve component for 
     which the bonus is being offered, is assigned duties as a 
     health care professional.
       ``(3) The limitations in paragraph (1) do not apply with 
     respect to a member who, during the period of active duty or 
     service in an active status in a reserve component for which 
     the bonus is being offered--
       ``(A) is qualified in a skill designated as critical under 
     subsection (b)(1) related to special operations forces; or
       ``(B) is qualified for duty in connection with the 
     supervision, operation, and maintenance of naval nuclear 
     propulsion plants.''.
       (d) Repayment Requirements.--Subsection (g) of such section 
     is amended to read as follows:
       ``(g) Repayment.--A member paid a bonus under this section 
     who fails, during the period of service covered by the 
     member's agreement, reenlistment, or voluntary extension of 
     enlistment under subsection (a), to remain qualified in the 
     critical military skill or to satisfy the other eligibility 
     criteria for which the bonus was paid shall be subject to the 
     repayment provisions of section 303a(e) of this title.''.
       (e) Clerical Amendments.--
       (1) Section heading.--The heading of section 323 of such 
     title is amended to read as follows:

     ``Sec. 323. Special pay: retention incentives for members 
       qualified in a critical military skill or who satisfy other 
       eligibility criteria''.

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

``323. Special pay: retention incentives for members qualified in a 
              critical military skill or who satisfy other eligibility 
              criteria.''.

       (f) Effective Date.--Section 323(a) of title 37, United 
     States Code, as amended by this section, shall apply to 
     agreements, reenlistments, and the voluntary extension of 
     enlistments referred to in subsection (a) of such section 
     entered into on or after October 1, 2005.

     SEC. 628. AVAILABILITY OF CRITICAL-SKILLS ACCESSION BONUS FOR 
                   PERSONS ENROLLED IN SENIOR RESERVE OFFICERS' 
                   TRAINING CORPS WHO ARE OBTAINING NURSING 
                   DEGREES.

       (a) Authority to Provide Bonus.--Section 324 of title 37, 
     United States Code, as amended by section 614(f) of this Act, 
     is further amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively; and
       (2) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Nurse Candidates in Senior Reserve Officers' Training 
     Corps.--(1) A person enrolled in the Senior Reserve Officers' 
     Training Corps program of the Army for advanced training 
     under chapter 103 of title 10, including a person receiving 
     financial assistance under section 2107 of such title, may 
     receive an accession bonus under this section if the person--
       ``(A) has completed the second year of an accredited 
     baccalaureate degree program in nursing; and
       ``(B) executes an agreement under this section to serve on 
     active duty as a commissioned officer in the Army Nurse 
     Corps.
       ``(2) Notwithstanding subsection (c), the amount of the 
     accession bonus paid to a person described in paragraph (1) 
     may not exceed $5,000. ''.
       (b) Retroactive Application to Existing Agreements.--
     Subsection (f) of section 324 of title 37, United States 
     Code, as added by subsection (a), shall apply with respect to 
     agreements referred to in paragraph (1)(B) of such subsection 
     executed on or after October 5, 2004.

            Subtitle C--Travel and Transportation Allowances

     SEC. 641. AUTHORIZED ABSENCES OF MEMBERS FOR WHICH LODGING 
                   EXPENSES AT TEMPORARY DUTY LOCATION MAY BE 
                   PAID.

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

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

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

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

     SEC. 642. EXTENDED PERIOD FOR SELECTION OF HOME FOR TRAVEL 
                   AND TRANSPORTATION ALLOWANCES FOR DEPENDENTS OF 
                   DECEASED MEMBER.

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

[[Page 11254]]



     SEC. 643. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO 
                   REPATRIATION OF MEMBERS HELD CAPTIVE.

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

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

       ``(a) Allowances Authorized.--(1) The Secretary concerned 
     may provide the travel and transportation allowances 
     described in subsection (c) to not more than three family 
     members of a member of the uniformed services who--
       ``(A) is serving on active duty;
       ``(B) was officially carried or determined to be absent in 
     a missing status (as defined in section 551 of this title); 
     and
       ``(C) is repatriated to a site in or outside the United 
     States.
       ``(2) In circumstances determined to be appropriate by the 
     Secretary concerned, the Secretary may waive the limitation 
     on the number of family members of a member provided travel 
     and transportation allowances under this section.
       ``(b) Eligible Persons.--(1) In this section, the term 
     `family member' has the meaning given that term in section 
     411h(b) of this title.
       ``(2) The Secretary concerned may also provide the travel 
     and transportation allowances to an attendant who accompanies 
     a family member if the Secretary determines that--
       ``(A) the family member is unable to travel unattended 
     because of age, physical condition, or other justifiable 
     reason; and
       ``(B) no other family member who is receiving the 
     allowances under this section is able to serve as an 
     attendant for the family member.
       ``(3) If no family member is able to travel to the 
     repatriation site, the Secretary concerned may provide the 
     travel and transportation allowances to not more than two 
     persons who are related to the member (but who do not satisfy 
     the definition of family member) and are selected by the 
     member.
       ``(c) Allowances Described.--(1) The transportation 
     authorized by subsection (a) is round-trip transportation 
     between--
       ``(A) the home of the family member (or the home of an 
     attendant or other person provided transportation pursuant to 
     paragraph (2) or (3) of subsection (b)); and
       ``(B) the location of the repatriation site or other 
     location determined to be appropriate by the Secretary 
     concerned.
       ``(2) In addition to the transportation authorized by 
     subsection (a), the Secretary concerned may provide a per 
     diem allowance or reimbursement for the actual and necessary 
     expenses of the travel, or a combination thereof, but not to 
     exceed the rates established under section 404(d) of this 
     title.
       ``(d) Provision of Allowances.--(1) The transportation 
     authorized by subsection (a) may be provided by any of the 
     following means:
       ``(A) Transportation in-kind.
       ``(B) A monetary allowance in place of transportation in-
     kind at a rate to be prescribed by the Secretaries concerned.
       ``(C) Reimbursement for the commercial cost of 
     transportation.
       ``(2) An allowance payable under this subsection may be 
     paid in advance.
       ``(3) Reimbursement payable under this subsection may not 
     exceed the cost of government-procured commercial round-trip 
     air travel.
       ``(e) Regulations.--The Secretaries concerned shall 
     prescribe uniform regulations to carry out this section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 7 of such title is amended by inserting 
     after the item relating to section 411i the following new 
     item:

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

     SEC. 644. INCREASED WEIGHT ALLOWANCES FOR SHIPMENT OF 
                   HOUSEHOLD GOODS OF SENIOR NONCOMMISSIONED 
                   OFFICERS.

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

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


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

             Subtitle D--Retired Pay and Survivor Benefits

     SEC. 651. MONTHLY DISBURSEMENT TO STATES OF STATE INCOME TAX 
                   WITHHELD FROM RETIRED OR RETAINER PAY.

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

     SEC. 652. REVISION TO ELIGIBILITY FOR NONREGULAR SERVICE 
                   RETIREMENT AFTER ESTABLISHING ELIGIBILITY FOR 
                   REGULAR RETIREMENT.

       (a) Revision to Allow Continuation in Active Status.--
     Subsection (a) of section 12741 of title 10, United States 
     Code, is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``becoming entitled to'' and inserting ``having met the 
     requirements for''; and
       (2) in paragraph (3), by striking ``become entitled to'' 
     and inserting ``met the requirements for''.
       (b) Conforming Amendment.--Subsection (b)(1) of such 
     section is amended by striking ``entitlement to'' and 
     inserting ``eligibility for''.
       (c) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 12741. Retirement from active reserve service 
       performed after becoming eligible for regular retirement''.

       (2) Table of sections.--The item relating to section 12741 
     in the table of sections at the beginning of chapter 1223 of 
     such title is amended to read as follows:

``12741. Retirement from active reserve service performed after 
              becoming eligible for regular retirement.''.

     SEC. 653. DENIAL OF MILITARY FUNERAL HONORS IN CERTAIN CASES.

       (a) Additional Circumstances for Denial of Funeral 
     Honors.--Subsection (a) of section 985 of title 10, United 
     States Code, is amended--
       (1) by inserting ``(under section 1491 of this title or any 
     other authority)'' after ``military honors''.
       (2) by striking ``a person'' and all that follows and 
     inserting ``any of the following persons:
       ``(1) A person who has been convicted of a capital offense 
     under Federal or State law for which the person was sentenced 
     to death or life imprisonment without parole.
       ``(2) A person not covered by paragraph (1) who is 
     ineligible for interment in Arlington National Cemetery or a 
     national cemetery under the control of the National Cemetery 
     Administration by reason of section 2411(b) of title 38.
       ``(3) A person who is a veteran (as defined in section 
     1491(h) of this title) or who died while on active duty or a 
     member of a reserve component, when the circumstances 
     surrounding the person's death or other circumstances as 
     specified by the Secretary of Defense are such that to 
     provide military honors at the funeral or burial of the 
     person would bring discredit upon the person's service (or 
     former service).''.
       (b) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

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

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

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

       (c) Cross-Reference Amendment.--Section 1491(a) of such 
     title is amended by inserting before the period at the end 
     the following: ``, except when military honors are prohibited 
     under section 985(a) of this title''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to funerals and burials that occur 
     on or after the date of the enactment of this Act.

     SEC. 654. CHILD SUPPORT FOR CERTAIN MINOR CHILDREN OF 
                   RETIREMENT-ELIGIBLE MEMBERS CONVICTED OF 
                   DOMESTIC VIOLENCE RESULTING IN DEATH OF CHILD'S 
                   OTHER PARENT.

       (a) Authority for Court-Ordered Payments.--Section 1408(h) 
     of title 10, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by inserting ``(A)'' after ``(1)''; and
       (B) by adding at the end of such paragraph the following:
       ``(B) If, in the case of a member or former member of the 
     armed forces referred to in paragraph (2)(A), a court order 
     provides for the payment as child support of an amount from 
     the disposable retired pay of that member or former member 
     (as certified under paragraph (4)) to an eligible dependent 
     child of the member or former member, the Secretary 
     concerned, beginning upon effective service of such court 
     order, shall pay that amount in accordance with this 
     subsection to such dependent child.'';
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``, or a dependent child,'' after ``former spouse'';
       (B) in subparagraph (B)--
       (i) by inserting ``in the case of eligibility of a spouse 
     or former spouse under paragraph (1)(A),'' after ``(B)''; and
       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) in the case of eligibility of a dependent child under 
     paragraph (1)(B), the other parent of the child died as a 
     result of the misconduct that resulted in the termination of 
     retired pay.'';
       (3) in paragraph (4), by inserting ``, or an eligible 
     dependent child,'' after ``former spouse'';
       (4) in paragraph (5), by inserting ``, or the dependent 
     child,'' after ``former spouse''; and
       (5) in paragraph (6), by inserting ``, or to a dependent 
     child,'' after ``former spouse''.
       (b) Effective Date.--A court order authorized by the 
     amendments made by this section may not provide for a payment 
     attributable to any period before October 1, 2005, or the 
     date of the court order, whichever is later.

     SEC. 655. CONCURRENT RECEIPT OF VETERANS DISABILITY 
                   COMPENSATION AND MILITARY RETIRED PAY.

       Section 1414(a) of title 10, United States Code, is amended 
     by inserting before the period at the

[[Page 11255]]

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

     SEC. 656. MILITARY SURVIVOR BENEFIT PLAN BENEFICIARIES UNDER 
                   INSURABLE INTEREST COVERAGE.

       (a) Authority to Elect New Beneficiary.--Section 1448(b)(1) 
     of title 10, United States Code, is amended--
       (1) by inserting ``or under subparagraph (G) of this 
     paragraph'' in the second sentence of subparagraph (E) before 
     the period at the end; and
       (2) by adding at the end the following new subparagraph:
       ``(G) Election of new beneficiary upon death of previous 
     beneficiary.--
       ``(i) Authority for election.--If the reason for 
     discontinuation in the Plan is the death of the beneficiary, 
     the participant in the Plan may elect a new beneficiary. Any 
     such beneficiary must be a natural person with an insurable 
     interest in the participant. Such an election may be made 
     only during the 180-day period beginning on the date of the 
     death of the previous beneficiary.
       ``(ii) Procedures.--Such an election shall be in writing, 
     signed by the participant, and made in such form and manner 
     as the Secretary concerned may prescribe. Such an election 
     shall be effective the first day of the first month following 
     the month in which the election is received by the Secretary.
       ``(iii) Vitiation of election by participant who dies 
     within two years of election.--If a person providing an 
     annuity under a election under clause (i) dies before the end 
     of the two-year period beginning on the effective date of the 
     election--

       ``(I) the election is vitiated; and
       ``(II) the amount by which the person's retired pay was 
     reduced under section 1452 of this title that is attributable 
     to the election shall be paid in a lump sum to the person who 
     would have been the deceased person's beneficiary under the 
     vitiated election if the deceased person had died after the 
     end of such two-year period.''.

       (b) Change in Premium for Coverage of New Beneficiary.--
     Section 1452(c) of such title is amended by adding at the end 
     the following new paragraph:
       ``(5) Rule for designation of new insurable interest 
     beneficiary following death of original beneficiary.--The 
     Secretary of Defense shall prescribe in regulations premiums 
     which a participant making an election under section 
     1448(b)(1)(G) of this title shall be required to pay for 
     participating in the Plan pursuant to that election. The 
     total amount of the premiums to be paid by a participant 
     under the regulations shall be equal to the sum of the 
     following:
       ``(A) The total additional amount by which the retired pay 
     of the participant would have been reduced before the 
     effective date of the election if the original beneficiary 
     (i) had not died and had been covered under the Plan through 
     the date of the election, and (ii) had been the same number 
     of years younger than the participant (if any) as the new 
     beneficiary designated under the election.
       ``(B) Interest on the amounts by which the retired pay of 
     the participant would have been so reduced, computed from the 
     dates on which the retired pay would have been so reduced at 
     such rate or rates and according to such methodology as the 
     Secretary of Defense determines reasonable.
       ``(C) Any additional amount that the Secretary determines 
     necessary to protect the actuarial soundness of the 
     Department of Defense Military Retirement Fund against any 
     increased risk for the fund that is associated with the 
     election.''.
       (c) Transition.--
       (1) Transition period.--In the case of a participant in the 
     Survivor Benefit Plan who made a covered insurable-interest 
     election (as defined in paragraph (2)) and whose designated 
     beneficiary under that election dies before the date of the 
     enactment of this Act or during the 18-month period beginning 
     on such date, the time period applicable for purposes of the 
     limitation in the third sentence of subparagraph (G)(i) of 
     section 1448(b)(1) of title 10, United States Code, as added 
     by subsection (a), shall be the two-year period beginning on 
     the date of the enactment of this Act (rather than the 180-
     day period specified in that sentence).
       (2) Covered insurable-interest elections.--For purposes of 
     paragraph (1), a covered insurable-interest election is an 
     election under section 1448(b)(1) of title 10, United States 
     Code, made before the date of the enactment of this Act, or 
     during the 18-month period beginning on such date, by a 
     participant in the Survivor Benefit Plan to provide an 
     annuity under that plan to a natural person with an insurable 
     interest in that person.
       (3) Survivor benefit plan.--For purposes of this 
     subsection, the term ``Survivor Benefit Plan'' means the 
     program under subchapter II of chapter 73 of title 10, United 
     States Code.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality 
                                Benefits

     SEC. 661. INCREASE IN AUTHORIZED LEVEL OF SUPPLIES AND 
                   SERVICES PROCUREMENT FROM OVERSEAS EXCHANGE 
                   STORES.

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

     SEC. 662. REQUIREMENTS FOR PRIVATE OPERATION OF COMMISSARY 
                   STORE FUNCTIONS.

       Section 2485(a)(2) of title 10, United States Code, is 
     amended by adding at the end the following new sentence: 
     ``Until December 31, 2010, the Defense Commissary Agency is 
     not required to conduct any cost-comparison study under the 
     policies and procedures of Office of Management and Budget 
     Circular A-76 relating to the possible contracting out of 
     commissary store functions.''.

     SEC. 663. PROVISION OF INFORMATION TECHNOLOGY SERVICES FOR 
                   ACCOMMODATIONS PROVIDED BY NONAPPROPRIATED FUND 
                   INSTRUMENTALITIES FOR WOUNDED MEMBERS OF THE 
                   ARMED FORCES AND THEIR FAMILIES.

       (a) Authority to Provide Services.--Section 2494 of title 
     10, United States Code, is amended--
       (1) by inserting ``(a) Utility Services.--'' before 
     ``Appropriations''; and
       (2) by adding at the end the following new subsection:
       ``(b) Information Technology Services.--Appropriations for 
     the Department of Defense may be used to provide information 
     technology services, including equipment and access to the 
     internet, for--
       ``(1) Fisher Houses and Fisher Suites associated with 
     health care facilities of a military department; and
       ``(2) other accommodations made available by a 
     nonappropriated fund instrumentality of the Department of 
     Defense to members of the Armed Forces recovering from a 
     wound or injury or to dependents of such members.''.
       (b) Clerical Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 2494. Nonappropriated fund instrumentalities: 
       furnishing certain services for morale, welfare, and 
       recreation purposes''.

       (2) Table of sections.--The table of sections at the 
     beginning of subchapter III of chapter 147 of such title is 
     amended by striking the item relating to section 2494 and 
     inserting the following new item:

``2494. Nonappropriated fund instrumentalities: furnishing certain 
              services for morale, welfare, and recreation purposes.''.

     SEC. 664. PROVISION OF AND PAYMENT FOR OVERSEAS 
                   TRANSPORTATION SERVICES FOR COMMISSARY AND 
                   EXCHANGE SUPPLIES.

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

     SEC. 665. COMPENSATORY TIME OFF FOR CERTAIN NONAPPROPRIATED 
                   FUND EMPLOYEES.

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

                       Subtitle F--Other Matters

     SEC. 671. INCLUSION OF SENIOR ENLISTED ADVISOR FOR THE 
                   CHAIRMAN OF THE JOINT CHIEFS OF STAFF AMONG 
                   SENIOR ENLISTED MEMBERS OF THE ARMED FORCES.

       (a) Basic Pay Rate.--
       (1) Equal treatment.--The rate of basic pay for an enlisted 
     member in the grade E-9 while serving as Senior Enlisted 
     Advisor for the Chairman of the Joint Chiefs of Staff shall 
     be the same as the rate of basic pay for an enlisted member 
     in that grade while serving as Sergeant Major of the Army, 
     Master Chief Petty Officer of the Navy, Chief Master Sergeant 
     of the Air Force, Sergeant Major of the Marine Corps, or 
     Master Chief Petty Officer of the Coast Guard, regardless of 
     cumulative years of service computed under section 205 of 
     title 37, United States Code.

[[Page 11256]]

       (2) Effective date.--Paragraph (1) shall apply beginning on 
     the date on which an enlisted member of the Armed Forces is 
     first appointed to serve as Senior Enlisted Advisor for the 
     Chairman of the Joint Chiefs of Staff.
       (b) Pay During Terminal Leave or While Hospitalized.--
     Section 210(c) of title 37, United States Code, is amended by 
     adding at the end the following new paragraph:
       ``(6) The Senior Enlisted Advisor for the Chairman of the 
     Joint Chiefs of Staff.''.
       (c) Personal Money Allowance.--Section 414(c) of such title 
     is amended--
       (1) by striking ``or'' after ``Sergeant Major of the Marine 
     Corps,''; and
       (2) by inserting before the period at the end the 
     following: ``, or the Senior Enlisted Advisor for the 
     Chairman of the Joint Chiefs of Staff''.
       (d) Retired Pay Base.--Section 1406(i)(3)(B) of title 10, 
     United States Code, is amended by adding at the end the 
     following new clause:
       ``(vi) Senior Enlisted Advisor for the Chairman of the 
     Joint Chiefs of Staff.''.

     SEC. 672. SPECIAL AND INCENTIVE PAYS CONSIDERED FOR SAVED PAY 
                   UPON APPOINTMENT OF MEMBERS AS OFFICERS.

       (a) Inclusion and Exclusion of Certain Pay Types.--
     Subsection (d) of section 907 of title 37, United States 
     Code, is amended to read as follows:
       ``(d)(1) In determining the amount of the pay and 
     allowances of a grade formerly held by an officer, the 
     following special and incentive pays may be considered only 
     so long as the officer continues to perform the duty that 
     creates the entitlement to, or eligibility for, that pay and 
     would otherwise be eligible to receive that pay in the former 
     grade:
       ``(A) Incentive pay for hazardous duty under section 301 of 
     this title.
       ``(B) Submarine duty incentive pay under section 301c of 
     this title.
       ``(C) Special pay for diving duty under section 304 of this 
     title.
       ``(D) Hardship duty pay under section 305 of this title.
       ``(E) Career sea pay under section 305a of this title.
       ``(F) Special pay for service as a member of a Weapons of 
     Mass Destruction Civil Support Team under section 305b of 
     this title.
       ``(G) Assignment incentive pay under section 307a of this 
     title.
       ``(H) Special pay for duty subject to hostile fire or 
     imminent danger under section 310 of this title.
       ``(I) Special pay or bonus for an extension of duty at a 
     designated overseas location under section 314 of this title.
       ``(J) Foreign language proficiency pay under section 316 of 
     this title.
       ``(K) Critical skill retention bonus under section 323 of 
     this title.
       ``(2) The following special and incentive pays are 
     dependent on a member being in an enlisted status and may not 
     be considered in determining the amount of the pay and 
     allowances of a grade formerly held by an officer:
       ``(A) Special duty assignment pay under section 307 of this 
     title.
       ``(B) Reenlistment bonus under section 308 of this title.
       ``(C) Enlistment bonus under section 309 of this title.
       ``(D) Reenlistment bonus for nuclear-trained and qualified 
     enlisted members under section 312a of this title.
       ``(E) Career enlisted flyer incentive pay under section 320 
     of this title.''.
       (b) Stylistic Amendments.--Such section is further 
     amended--
       (1) in subsections (a) and (b)--
       (A) by striking ``he'' each place it appears and inserting 
     ``the officer''; and
       (B) by striking ``his appointment'' each place it appears 
     and inserting ``the appointment'';
       (2) in subsection (c)(2), by striking ``he'' and inserting 
     ``the officer''.

     SEC. 673. REPAYMENT OF UNEARNED PORTION OF BONUSES, SPECIAL 
                   PAYS, AND EDUCATIONAL BENEFITS.

       (a) Repayment of Unearned Portion of Bonuses and Other 
     Benefits.--
       (1) Uniform repayment provision.--Section 303a of title 37, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(e) Repayment of Unearned Portion of Bonuses and Other 
     Benefits When Conditions of Payment not Met.--(1) A member of 
     the uniformed services who receives a bonus or similar 
     benefit and whose receipt of the bonus or similar benefit is 
     subject to the condition that the member continue to satisfy 
     certain eligibility requirements shall repay to the United 
     States an amount equal to the unearned portion of the bonus 
     or similar benefit if the member fails to satisfy the 
     requirements, except in certain circumstances authorized by 
     the Secretary concerned.
       ``(2) The Secretary concerned may establish, by 
     regulations, procedures for determining the amount of the 
     repayment required under this subsection and the 
     circumstances under which an exception to the required 
     repayment may be granted. The Secretary concerned may specify 
     in the regulations the conditions under which an installment 
     payment of a bonus or similar benefit to be paid to a member 
     of the uniformed services will not be made if the member no 
     longer satifies the eligibility requirements for the bonus or 
     similar benefit. For the military departments, this 
     subsection shall be administered under regulations prescribed 
     by the Secretary of Defense.
       ``(3) An obligation to repay the United States under this 
     subsection is, for all purposes, a debt owed the United 
     States. A discharge in bankruptcy under title 11 does not 
     discharge a person from such debt if the discharge order is 
     entered less than five years after--
       ``(A) the date of the termination of the agreement or 
     contract on which the debt is based; or
       ``(B) in the absence of such an agreement or contract, the 
     date of the termination of the service on which the debt is 
     based.
       ``(4) In this subsection:
       ``(A) The term `bonus or similar benefit' means a bonus, 
     incentive pay, special pay, or similar payment, or an 
     educational benefit or stipend, paid to a member of the 
     uniformed services under a provision of law that refers to 
     the repayment requirements of this subsection.
       ``(B) The term `service', as used in paragraph (3)(B), 
     refers to an obligation willingly undertaken by a member of 
     the uniformed services, in exchange for a bonus or similar 
     benefit offered by the Secretary of Defense or the Secretary 
     concerned--
       ``(i) to remain on active duty or in an active status in a 
     reserve component;
       ``(ii) to perform duty in a specified skill, with or 
     without a specified qualification or credential;
       ``(iii) to perform duty at a specified location; or
       ``(iv) to perform duty for a specified period of time.''.
       (2) Applicability to title 11 cases.--In the case of a 
     provision of law amended by subsection (b), (c), or (d) of 
     this section, paragraph (3) of subsection (a) of section 303a 
     of title 37, United States Code, as added by this subsection, 
     shall apply to any case commenced under title 11 after March 
     30, 2006.
       (b) Conforming Amendments to Title 37.--
       (1) Aviation career officer retention bonus.--Subsection 
     (g) of section 301b of title 37, United States Code, is 
     amended to read as follows:
       ``(g) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement entered into 
     under subsection (a) shall be subject to the repayment 
     provisions of section 303a(e) of this title.''.
       (2) Medical officer multiyear retention bonus.--Subsection 
     (c) of section 301d of such title is amended to read as 
     follows:
       ``(c) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement entered into 
     under subsection (a) shall be subject to the repayment 
     provisions of section 303a(e) of this title.''.
       (3) Dental officer multiyear retention bonus.--Subsection 
     (d) of section 301e of such title is amended to read as 
     follows:
       ``(d) Repayment.--An officer who does not complete the 
     period of active duty specified in the agreement entered into 
     under subsection (a) shall be subject to the repayment 
     provisions of section 303a(e) of this title.''.
       (4) Medical officer special pay.--Section 302 of such title 
     is amended--
       (A) in subsection (c)(2), by striking the last sentence and 
     inserting the following new sentence: ``If such entitlement 
     is terminated, the officer concerned shall be subject to the 
     repayment provisions of section 303a(e) of this title.''; and
       (B) by striking subsection (f) and inserting the following 
     new subsection:
       ``(f) Repayment.--An officer who does not complete the 
     period for which the payment was made under subsection (a)(4) 
     or subsection (b)(1) shall be subject to the repayment 
     provisions of section 303a(e) of this title.''.
       (5) Optometrist retention special pay.--Paragraph (4) of 
     section 302a(b) of such title is amended to read as follows:
       ``(4) The Secretary concerned may terminate at any time the 
     eligibility of an officer to receive retention special pay 
     under paragraph (1). An officer who does not complete the 
     period for which the payment was made under paragraph (1) 
     shall be subject to the repayment provisions of section 
     303a(e) of this title.''.
       (6) Dental officer special pay.--Section 302b of such title 
     is amended--
       (A) in subsection (b)(2), by striking the second sentence;
       (B) by striking subsection (e) and inserting the following 
     new subsection:
       ``(e) Repayment.--An officer who does not complete the 
     period of active duty for which the payment was made under 
     subsection (a)(4) shall be subject to the repayment 
     provisions of section 303a(e) of this title.'';
       (C) by striking subsection (f); and
       (D) by redesignating subsections (g) and (h) as subsections 
     (f) and (g), respectively.
       (7) Accession bonus for registered nurses.--Subsection (d) 
     of section 302d of such title is amended to read as follows:
       ``(d) An officer who does not become and remain licensed as 
     a registered nurse during the period for which the payment is 
     made, or who does not complete the period of active duty 
     specified in the agreement entered into under subsection (a) 
     shall be subject to the repayment provisions of section 
     303a(e) of this title.''.
       (8) Nurse anesthetist special pay.--Section 302e of such 
     title is amended--
       (A) in subsection (c), by striking the last sentence; and
       (B) by striking subsection (e) and inserting the following 
     new subsection:
       ``(e) An officer who does not complete the period of active 
     duty specified in the agreement entered into under subsection 
     (a) shall be subject to the repayment provisions of section 
     303a(e) of this title.''.
       (9) Reserve, recalled or retained health care officers 
     special pay.--Subsection (c) of

[[Page 11257]]

     section 302f of such title is amended by striking ``refund'' 
     and inserting ``repay.''.
       (10) Selected reserve health care professionals in 
     critically short wartime specialties special pay.--Section 
     302g of such title is amended--
       (A) by striking subsections (d) and (e);
       (B) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Repayment.--An officer who does not complete the 
     period of service in the Selected Reserve specified in the 
     agreement entered into under subsection (a) shall be subject 
     to the repayment provisions of section 303a(e) of this 
     title.''; and
       (C) by redesignating subsection (f) as subsection (e).
       (11) Accession bonus for dental officers.--Subsection (d) 
     of section 302h of such title is amended to read as follows:
       ``(d) A person after signing a written agreement who 
     thereafter is not commissioned as an officer of the armed 
     forces, or does not become licensed as a dentist, or does not 
     complete the period of active duty specified in the agreement 
     entered into under subsection (a) shall be subject to the 
     repayment provisions of section 303a(e) of this title.''.
       (12) Accession bonus for pharmacy officers.--Subsection (e) 
     of section 302j of such title is amended to read as follows:
       ``(e) A person after signing a written agreement who 
     thereafter is not commissioned as an officer of the armed 
     forces, or does not become and remain certified or licensed 
     as a pharmacist, or does not complete the period of active 
     duty specified in the agreement entered into under subsection 
     (a) shall be subject to the repayment provisions of section 
     303a(e) of this title.''.
       (13) Reenlistment bonus for active members.--Subsection (d) 
     of section 308 of such title is amended to read as follows:
       ``(d) Repayment.--A member who does not complete the term 
     of enlistment for which a bonus was paid to the member under 
     this section, or a member who is not technically qualified in 
     the skill for which a bonus was paid to to the member under 
     this section, shall be subject to the repayment provisions of 
     section 303a(e) of this title.''.
       (14) Reenlistment bonus for selected reserve.--Subsection 
     (d) of section 308b of such title is amended to read as 
     follows:
       ``(d) A member who does not complete the term of enlistment 
     in the element of the Selected Reserve for which the bonus 
     was paid to the member under this section shall be subject to 
     the repayment provisions of section 303a(e) of this title.''.
       (15) Ready reserve enlistment bonus.--Section 308g of such 
     title is amended--
       (A) by striking subsection (d) and inserting the following 
     new subsection:
       ``(d) Repayment.--A person who does not serve 
     satisfactorily in the element of the Ready Reserve in the 
     combat or combat support skill for the period for which the 
     bonus was paid under this section shall be subject to the 
     repayment provisions of section 303a(e) of this title.'';
       (B) by striking subsections (e) and (f); and
       (C) by redesignating subsections (g) and (h) as subsections 
     (e) and (f), respectively.
       (16) Ready reserve reenlistment, enlistment, and voluntary 
     extension of enlistment bonus.--Section 308h of such title is 
     amended--
       (A) by striking subsection (c) and inserting the following 
     new subsection:
       ``(c) Repayment.--A person who does not complete the period 
     of enlistment or extension of enlistment for which the bonus 
     was paid under this section shall be subject to the repayment 
     provisions of section 303a(e) of this title.'';
       (B) by striking subsections (d) and (e); and
       (C) by redesignating subsections (f) and (g) as subsections 
     (d) and (e), respectively.
       (17) Prior service enlistment bonus.--Subsection (d) of 
     section 308i of such title is amended to read as follows:
       ``(d) A person who receives a bonus payment under this 
     section and who, during the period for which the bonus was 
     paid, does not serve satisfactorily in the element of the 
     Selected Reserve with respect to which the bonus was paid 
     shall be subject to the repayment provisions of section 
     303a(e) of this title.''.
       (18) Enlistment bonus.--Subsection (b) of section 309 of 
     such title is amended to read as follows:
       ``(b) A member who does not complete the term of enlistment 
     for which a bonus was paid to the member under this section, 
     or a member who is not technically qualified in the skill for 
     which a bonus was paid to the member under this section, 
     shall be subject to the repayment provisions of section 
     303a(e) of this title.''.
       (19) Special pay for nuclear-qualified officers extending 
     active duty.--Subsection (b) of section 312 of such title is 
     amended to read as follows:
       ``(b) Repayment.--An officer who does not complete the 
     period of active duty in connection with the supervision, 
     operation, and maintenance of naval nuclear propulsion plants 
     that the officer agreed to serve, and for which a payment was 
     made under subsection (a)(3) or subsection (d)(1), shall be 
     subject to the repayment provisions of section 303a(e) of 
     this title.''.
       (20) Nuclear career accession bonus.--Paragraph (2) of 
     section 312b(a) of such title is amended to read as follows:
       ``(2) An officer who does not commence or complete 
     satisfactorily the nuclear power training specified in the 
     agreement under paragraph (1) shall be subject to the 
     repayment provisions of section 303a(e) of this title.''.
       (21) Enlisted members extending duty at designated 
     locations overseas.--Subsection (d) of section 314 of such 
     title is amended to read as follows:
       ``(d) A member who, having entered into a written agreement 
     to extend a tour of duty for a period under subsection (a), 
     receives a bonus payment under subsection (b)(2) for a 12-
     month period covered by the agreement and ceases during that 
     12-month period to perform the agreed tour of duty shall be 
     subject to the repayment provisions of section 303a(e) of 
     this title.''.
       (22) Engineering and scientific career continuation pay.--
     Subsection (c) of section 315 of such title is amended to 
     read as follows:
       ``(c) An officer who, having entered into a written 
     agreement under subsection (b) and having received all or 
     part of a bonus under this section, does not complete the 
     period of active duty as specified in the agreement shall be 
     subject to the repayment provisions of section 303a(e) of 
     this title.''.
       (23) Critical acquisition positions.--Subsection (f) of 
     section 317 of such title is amended to read as follows:
       ``(c) An officer who, having entered into a written 
     agreement under subsection (a) and having received all or 
     part of a bonus under this section, does not complete the 
     period of active duty as specified in the agreement shall be 
     subject to the repayment provisions of section 303a(e) of 
     this title.''.
       (24) Special warfare officers extending period of active 
     duty.--Subsection (h) of section 318 of such title is amended 
     to read as follows:
       ``(h) An officer who, having entered into a written 
     agreement under subsection (b) and having received all or 
     part of a bonus under this section, does not complete the 
     period of active duty in special warfare service as specified 
     in the agreement shall be subject to the repayment provisions 
     of section 303a(e) of this title.''.
       (25) Surface warfare officers extending period of active 
     duty.--Subsection (f) of section 319 of such title is amended 
     to read as follows:
       ``(f) An officer who, having entered into a written 
     agreement under subsection (b) and having received all or 
     part of a bonus under this section, does not complete the 
     period of active duty as a department head on a surface 
     vessel specified in the agreement, shall be subject to the 
     repayment provisions of section 303a(e) of this title.''.
       (26) Judge advocate continuation pay.--Subsection (f) of 
     section 321 of such title is amended to read as follows:
       ``(f) An officer who has entered into a written agreement 
     under subsection (b) and has received all or part of the 
     amount payable under the agreement but who does not complete 
     the total period of active duty specified in the agreement, 
     shall be subject to the repayment provisions of section 
     303a(e) of this title.''.
       (27) 15-year career status bonus.--Subsection (f) of 
     section 322 of such title is amended to read as follows:
       ``(f) If a person paid a bonus under this section does not 
     complete a period of active duty beginning on the date on 
     which the election of the person under paragraph (1) of 
     subsection (a) is received and ending on the date on which 
     the person completes 20 years of active duty service as 
     described in paragraph (2) of such subsection, the person 
     shall be subject to the repayment provisions of section 
     303a(e) of this title.''.
       (28) Accession bonus for new officers in critical skills.--
     Subsection (g) of section 324 of such title, as redesignated 
     by section 628(a)(1), is amended to read as follows:
       ``(g) Repayment.--An individual who, having received all or 
     part of the bonus under an agreement referred to in 
     subsection (a), is not thereafter commissioned as an officer 
     or does not commence or does not complete the total period of 
     active duty service specified in the agreement shall be 
     subject to the repayment provisions of section 303a(e) of 
     this title.''.
       (29) Savings plan for education expenses and other 
     contingencies.--Subsection (g) of section 325 of such title 
     is amended to read as follows:
       ``(g) Repayment.--If a person does not complete the 
     qualifying service for which the person is obligated under a 
     commitment for which a benefit has been paid under this 
     section, the person shall be subject to the repayment 
     provisions of section 303a(e) of this title.''.
       (30) Incentive bonus for conversion to military 
     occupational specialty.--Subsection (e) of section 326 of 
     such title is amended to read as follows:
       ``(e) Repayment.--A member who does not convert to and 
     complete the period of service in the military occupational 
     specialty specified in the agreement executed under 
     subsection (a) shall be subject to the repayment provisions 
     of section 303a(e) of this title.''.
       (c) Conforming Amendments to Title 10.--
       (1) Enlistment incentives for pursuit of skills to 
     facilitate national service.--Subsection (i) of section 510 
     of title 10, United States Code, is amended to read as 
     follows:
       ``(i) If a National Call to Service participant who has 
     entered into an agreement under subsection (b) and received 
     or benefitted from an incentive under paragraph (1) or (2) of 
     subsection (e) fails to complete the total period of service 
     specified in such agreement, the National Call to Service 
     participant shall be subject to the repayment provisions of 
     section 303a(e) of title 37.''.
       (2) Advanced education assistance.--Section 2005 of such 
     title is amended--
       (A) in subsection (a), by striking paragraph (3) and 
     inserting the following new paragraph:

[[Page 11258]]

       ``(3) that if such person does not complete the period of 
     active duty specified in the agreement, or does not fulfill 
     any term or condition prescribed pursuant to paragraph (4), 
     such person shall be subject to the repayment provisions of 
     section 303a(e) of title 37.'';
       (B) by striking subsections (c), (d), (f), (g) and (h);
       (C) by redesignating subsection (e) as subsection (c); and
       (D) by inserting after subsection (c), as so redesignated, 
     the following new subsection:
       ``(d) As a condition of the Secretary concerned providing 
     financial assistance under section 2107 or 2107a of this 
     title to any person, the Secretary concerned shall require 
     that the person enter into the agreement described in 
     subsection (a). In addition to the requirements of paragraphs 
     (1) through (4) of such subsections (a), the agreement shall 
     specify that, if the person does not complete the education 
     requirements specified in the agreement or does not fulfill 
     any term or condition prescribed pursuant to paragraph (4) of 
     such subsection, the person shall be subject to the repayment 
     provisions of section 303a(e) of title 37 without the 
     Secretary first ordering such person to active duty as 
     provided for under subsection (a)(2) and sections 2107(f) and 
     2107a(f) of this title.''.
       (3) Tuition for off-duty training or education.--Section 
     2007 of such title is amended by adding at the end the 
     following new subsection:
       ``(f) Repayment.--If such person does not complete the 
     period of active duty specified in the agreement under 
     subsection (b), the person shall be subject to the repayment 
     provisions of section 303a(e) of title 37.''.
       (4) Failure to complete advanced training or to accept 
     commission.--Section 2105 of such title is amended--
       (A) by striking ``A member'' and inserting ``(a) A 
     member''; and
       (B) by adding at the end the following new subsection:
       ``(b) If such person does not complete the period of active 
     duty specified under subsection (a), the person shall be 
     subject to the repayment provisions of section 303a(e) of 
     title 37.''.
       (5) Financial assistance program for specially selected 
     members.--Section 2107 of such title is amended by adding at 
     the end the following new subsection:
       ``(j) Repayment.--A person who, after signing a written 
     agreement under this section, is not commissioned as an 
     officer or does not complete the period of service as 
     specified in subsection (b), (f) or (h)(2) shall be subject 
     to the repayment provisions of section 303a(e) of title 
     37.''.
       (6) Health professions scholarship and financial assistance 
     program for active service.--Subparagraph (C) of section 
     2123(e)(1) of such title is amended to read as follows:
       ``(C) If such person does not complete the period of active 
     duty obligation specified under subsection (a), such person 
     shall be subject to the repayment provisions of section 
     303a(e) of title 37.''.
       (7) Financial assistance: nurse officer candidates.--
     Subsection (d) of section 2130a of such title is amended to 
     read as follows:
       ``(d) Repayment.--A person who does not complete a nursing 
     degree program in which the person is enrolled in accordance 
     with the agreement entered into under subsection (a), or 
     having completed the nursing degree program, does not become 
     an officer in the Nurse Corps of the Army or the Navy or an 
     officer designated as a nurse officer of the Air Force or 
     commissioned corps of the Public Health Service or does not 
     complete the period of obligated active service required 
     under the agreement, shall be subject to the repayment 
     provisions of section 303a(e) of title 37.''.
       (8) Education loan repayment program.--Subsection (g) of 
     section 2173 of such title is amended--
       (A) by inserting ``(1)'' after ``(g)''; and
       (B) by adding at the end the following new paragraph:
       ``(2) An officer who does not complete the period of active 
     duty specified in the agreement entered into under subsection 
     (a)(3), or the alternative obligation under paragraph (1), 
     shall be subject to the repayment provisions of section 
     303a(e) of title 37.''.
       (9) Scholarship program for degree program for degree or 
     certification in information assurance.--Section 2200a of 
     such title is amended--
       (A) by striking subsection (e) and inserting the following 
     new subsection:
       ``(e) Repayment for Period of Unserved Obligated Service.--
     (1) A member of an armed force who does not complete the 
     period of active duty specified in the service agreement 
     under section (b) shall be subject to the repayment 
     provisions of section 303a(e) of title 37.
       ``(2)(A) A civilian employee of the Department of Defense 
     who voluntarily terminates service before the end of the 
     period of obligated service required under an agreement 
     entered into under subsection (b) shall refund to the United 
     States an amount determined by the Secretary of Defense as 
     being appropriate to obtain adequate service in exchange for 
     financial assistance and otherwise to achieve the goals set 
     forth in section 2200(a) of this title.
       ``(B) An obligation to reimburse the United States imposed 
     under this paragraph is for all purposes a debt owed to the 
     United States. A discharge in bankruptcy under title 11 that 
     is entered less than five years after the termination of an 
     agreement under this section does not discharge the person 
     signing such agreement from a debt arising under such 
     agreement or under this subsection.
       ``(C) The Secretary of Defense may waive, in whole or in 
     part a refund required under this paragraph if the Secretary 
     determines that recovery would be against equity and good 
     conscience or would be contrary to the best interests of the 
     United States.''.
       (B) by striking subsection (f); and
       (C) by redesignating subsection (g) as subsection (f).
       (10) Army cadet agreement to service as officer.--Section 
     4348 of such title is amended by adding at the end the 
     following new subsection:
       ``(f) A cadet or former cadet who does not fulfill the 
     terms of the agreement as specified under section (a), or the 
     alternative obligation under subsection (b), shall be subject 
     to the repayment provisions of section 303a(e) of title 
     37.''.
       (11) Midshipmen agreement for length of service.--Section 
     6959 of such title is amended by adding at the end the 
     following new subsection:
       ``(f) A midshipman or former midshipman who does not 
     fulfill the terms of the agreement as specified under section 
     (a), or the alternative obligation under subsection (b), 
     shall be subject to the repayment provisions of section 
     303a(e) of title 37.''.
       (12) Air force cadet agreement to service as officer.--
     Section 9348 of such title is amended by adding at the end 
     the following new subsection:
       ``(f) A cadet or former cadet who does not fulfill the 
     terms of the agreement as specified under section (a), or the 
     alternative obligation under subsection (b), shall be subject 
     to the repayment provisions of section 303a(e) of title 
     37.''.
       (13) Educational assistance for members of selected 
     reserve.--Section 16135 of such title is amended to read as 
     follows:

     ``Sec. 16135. Failure to participate satisfactorily; 
       penalties

       ``(a) Penalties.--At the option of the Secretary concerned, 
     a member of the Selected Reserve of an armed force who does 
     not participate satisfactorily in required training as a 
     member of the Selected Reserve during a term of enlistment or 
     other period of obligated service that created entitlement of 
     the member to educational assistance under this chapter, and 
     during which the member has received such assistance, may--
       ``(1) be ordered to active duty for a period of two years 
     or the period of obligated service the person has remaining 
     under section 16132 of this title, whichever is less; or
       ``(2) be subject to the repayment provisions under section 
     303a(e) of title 37.
       ``(b) Effect of Repayment.--Any repayment under section 
     303a(e) of title 37 shall not affect the period of obligation 
     of a member to serve as a Reserve in the Selected Reserve.''.
       (14) Health professions stipend program penalties and 
     limitations.--Subparagraph (B) of section 16203(a)(1) of such 
     title is amended to read as follows:
       ``(B) shall be subject to the repayment provisions of 
     section 303a(e) of title 37.''.
       (15) College tuition assistance program for marine corps 
     platoon leaders class.--Subsection (f) of section 16401 of 
     such title is amended--
       (A) in paragraph (1), by striking ``may be required to 
     repay the full amount of financial assistance'' and inserting 
     ``shall be subject to the repayment provisions of section 
     303a(e) of title 37''; and
       (B) by striking paragraph (2) and inserting the following 
     new paragraph:
       ``(2) Any requirement to repay any portion of financial 
     assistance received under this section shall be administered 
     under Secretary of Defense regulations issued under section 
     303a(e) of title 37. The Secretary of the Navy may waive the 
     obligations referenced in paragraph (1) in the case of a 
     person who--''.
       (d) Conforming Amendment to Title 14.--Section 182 of title 
     14, United States Code, is amended by adding at the end the 
     following new subsection:
       ``(g) A cadet or former cadet who does not fulfill the 
     terms of the obligation to serve as specified under section 
     (b), or the alternative obligation under subsection (c), 
     shall be subject to the repayment provisions of section 
     303a(e) of title 37.''.
       (e) Clerical Amendments.--
       (1) Section heading.--The heading of section 303a of title 
     37, United States Code, is amended to read as follows:

     ``Sec. 303a. Special pay: general provisions''.

       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by striking 
     the item relating to section 303a and inserting the following 
     new item:

``303a. Special pay: general provisions.''.

       (f) Continued Application of Current Law to Existing 
     Bonuses.--In the case of any bonus, incentive pay, special 
     pay, or similar payment, such as education assistance or a 
     stipend, which the United States became obligated to pay 
     before April 1, 2006, under a provision of law amended by 
     subsection (b), (c), or (d) of this section, such provision 
     of law, as in effect on the day before the date of the 
     enactment of this Act, shall continue to apply to the 
     payment, or any repayment, of the bonus, incentive pay, 
     special pay, or similar payment under such provision of law.

[[Page 11259]]



     SEC. 674. LEAVE ACCRUAL FOR MEMBERS ASSIGNED TO DEPLOYABLE 
                   SHIPS OR MOBILE UNITS OR TO OTHER DESIGNATED 
                   DUTY.

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

     SEC. 675. ARMY RECRUITING PILOT PROGRAM TO ENCOURAGE MEMBERS 
                   OF THE ARMY TO REFER OTHER PERSONS FOR 
                   ENLISTMENT.

       (a) Referral Bonus Authorized.--The Secretary of the Army 
     may pay a bonus under this section to a member of the Army 
     who refers, to an Army recruiter, a person who has not 
     previously served in an armed force and who, after such 
     referral, enlists in the Regular Army or the Army Reserve. 
     The referral may occur when a member contacts a recruiter on 
     behalf of an interested person or when the interested person 
     contacts the recruiter and informs the recruiter of the 
     member's role in initially recruiting the person.
       (b) Amount of Bonus; Time for Payment.--A referral bonus 
     under this section may not exceed $1,000 and may not be paid 
     to the member making the referral unless and until the 
     enlistee completes basic training and individual advanced 
     training. The bonus shall be paid in a lump sum.
       (c) Relation to Prohibition on Bounties.--The referral 
     bonus authorized by this section is not a bounty for purposes 
     of section 514(a) of title 10, United States Code.
       (d) Certain Members Ineligible.--
       (1) Referral of immediate family.--A member may not receive 
     a referral bonus under this section for the referral of an 
     immediate family member.
       (2) Members in recruiting roles.--A member serving in a 
     recruiting or retention assignment or assigned to other 
     duties regarding which eligibility for a referral bonus could 
     be perceived as creating a conflict of interest may not 
     receive a referral bonus.
       (e) Limitation on Initial Use of Authority.--During the 
     first year in which referral bonuses are offered under this 
     section, the Secretary of the Army may not provide more than 
     1,000 referral bonuses.
       (f) Duration of Authority.--A referral bonus may not be 
     paid under this section with respect to any referral made 
     after December 31, 2007.

     SEC. 676. SPECIAL COMPENSATION FOR RESERVE COMPONENT MEMBERS 
                   WHO ARE ALSO TOBACCO FARMERS ADVERSELY AFFECTED 
                   BY TERMS OF TOBACCO QUOTA BUYOUT.

       (a) Findings.--Congress finds the following:
       (1) The dispute resolution mechanism provided in section 
     624(b) of the Fair and Equitable Tobacco Reform Act of 2004 
     (7 U.S.C. 518c), which was intended to help tobacco producers 
     in hardship circumstances, is not likely to provide relief to 
     tobacco producers who are also members of the reserve 
     components of the Armed Forces and were called or ordered to 
     active duty for extended deployment.
       (2) The special compensation provided under this section 
     addresses a unique situation and does not set a precedent for 
     other persons seeking exceptions to the eligibility 
     requirements for payments under such Act.
       (b) Availability of Compensation.--Subject to subsection 
     (c), the Secretary of Defense shall make a payment under this 
     section to any member of a reserve component whose 
     eligibility for a payment under section 623 of the Fair and 
     Equitable Tobacco Reform Act of 2004 (7 U.S.C. 518b) as a 
     producer of quota tobacco was adversely affected, or whose 
     payment amount under such section was determined using a 
     variable payment rate specified in subparagraph (B) or (C) of 
     subsection (d)(3) of such section, because the member was 
     serving on active duty under a call or order to active duty 
     for a period of more than 30 days during any of the tobacco 
     marketing years specified in subparagraph (A) of such 
     subsection.
       (c) Restriction to Members Who Are Long-Time Tobacco 
     Growers.--To be eligible for a payment under this section, a 
     member described in subsection (b) must have been a producer 
     of quota tobacco (as defined in section 621 of the Fair and 
     Equitable Tobacco Reform Act of 2004 (7 U.S.C. 518a)) during 
     at least two of the three tobacco marketing years before the 
     2002 marketing year.
       (d) Amount of Payment.--The amount of the payment required 
     under this section for a member shall be equal to 70 percent 
     of the difference between--
       (1) the amount the member will receive under section 623 of 
     the Fair and Equitable Tobacco Reform Act of 2004; and
       (2) the amount that the member would have likely received 
     under such section had the member remained a full-time 
     producer of quota tobacco and not been called or ordered to 
     active duty.
       (e) Calculation of Payment Amount.--The Secretary of 
     Defense shall make the calculation required by subsection (c) 
     in consultation with the Secretary of Agriculture.

                   TITLE VII--HEALTH CARE PROVISIONS

                Subtitle A--Tricare Program Improvements

Sec. 701. Services of mental health counselors.
Sec. 702. Additional information required by surveys on TRICARE 
              standard.
Sec. 703. Enhancement of TRICARE coverage for members who commit to 
              continued service in the selected reserve.
Sec. 704. Study and plan relating to chiropractic health care services.
Sec. 705. Surviving-dependent eligibility under TRICARE dental plan for 
              surviving spouses who were on active duty at time of 
              death of military spouse.
Sec. 706. Exceptional eligibility for TRICARE prime remote.

                       Subtitle B--Other Matters

Sec. 711. Authority to relocate patient safety center; renaming 
              MedTeams Program.
Sec. 712. Modification of health care quality information and 
              technology enhancement reporting requirement.
Sec. 713. Correction to eligibility of certain Reserve officers for 
              military health care pending active duty following 
              commissioning.
Sec. 714. Prohibition on conversions of military medical positions to 
              civilian medical positions until submission of 
              certification.
Sec. 715. Clarification of inclusion of dental care in medical 
              readiness tracking and health surveillance program.
Sec. 716. Cooperative outreach to members and former members of the 
              naval service exposed to environmental factors related to 
              sarcoidosis.
Sec. 717. Early identification and treatment of mental health and 
              substance abuse disorders.

                Subtitle A--Tricare Program Improvements

     SEC. 701. SERVICES OF MENTAL HEALTH COUNSELORS.

       (a) Reimbursement of Mental Health Counselors Under 
     TRICARE.--
       (1)  reimbursement under tricare.--Section 1079(a)(8) of 
     title 10, United States Code, is amended--
       (A) by inserting ``or licensed or certified mental health 
     counselors'' after ``certified marriage and family 
     therapists'' both places it appears; and
       (B) by inserting ``or licensed or certified mental health 
     counselors'' after ``that the therapists.''
       (2) Authority to assess medical or psychological necessity 
     of service or supply.--Section 1079(a)(13) of such title is 
     amended by inserting ``, licensed or certified mental health 
     counselor, '' after ``certified marriage and family 
     therapist''.
       (b) Services of Mental Health Counselors.--
       (1) Authority to enter into personal services contracts.--
     Section 704(c)(2) of the National Defense Authorization Act 
     for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2799; 10 
     U.S.C. 1091 note) is amended by inserting ``mental health 
     counselors,'' after ``psychologists,''.
       (2) Applicability of licensure requirement for health-care 
     professionals.--Section 1094 (e)(2) of title 10, United 
     States Code, is amended by inserting ``mental health 
     counselor,'' after ``psychologist,''.

     SEC. 702. ADDITIONAL INFORMATION REQUIRED BY SURVEYS ON 
                   TRICARE STANDARD.

        Section 723(a) of the National Defense Authorization Act 
     for Fiscal Year 2004 (Public Law 108-136) is amended by 
     adding at the end the following new paragraph:
       ``(4) Surveys required by paragraph (1) shall include 
     questions seeking to determine from health care providers the 
     following:
       ``(A) Whether the provider is aware of the TRICARE program.
       ``(B) What percentage of the provider's current patient 
     population uses any form of TRICARE.
       ``(C) Whether the provider accepts patients for whom 
     payment is made under the medicare program for health care 
     services.
       ``(D) If the provider accepts patients referred to in 
     subparagraph (C), whether the provider would accept 
     additional such patients who are not in the provider's 
     current patient population.''.

     SEC. 703. ENHANCEMENT OF TRICARE COVERAGE FOR MEMBERS WHO 
                   COMMIT TO CONTINUED SERVICE IN THE SELECTED 
                   RESERVE.

       (a) Extension of Coverage for Members Recalled to Active 
     Duty.--Section 1076d of title 10, United States Code, is 
     amended--
       (1) in subsection (b), by redesignating paragraph (3) as 
     paragraph (4) and by inserting after paragraph (2) the 
     following new paragraph (3):
       ``(3) In the case of a member recalled to active duty 
     before the period of coverage for which the member is 
     eligible under subsection (a) terminates, the period of 
     coverage of the member--
       ``(A) resumes after the member completes the subsequent 
     active duty service (subject to any additional entitlement to 
     care and benefits under section 1145(a) of this title that is 
     based on the same subsequent active duty service); and
       ``(B) increases by any additional period of coverage for 
     which the member is eligible under subsection (a) based on 
     the subsequent active duty service.'';
       (2) in subsection (b)(2), by striking ``Unless earlier 
     terminated under paragraph (3)'' and inserting ``Subject to 
     paragraph (3) and unless earlier terminated under paragraph 
     (4)''; and

[[Page 11260]]

       (3) in subsection (f), by adding at the end the following 
     new paragraph:
       ``(3) The term `member recalled to active duty' means, with 
     respect to a member who is eligible for coverage under this 
     section based on a period of active duty service, a member 
     who is called or ordered to active duty for an additional 
     period of active duty subsequent to the period of active duty 
     on which that eligibility is based.''.
       (b) Extension of Coverage for Members Facing Involuntary 
     Retirement.--Section 1076d of such title is amended in 
     subsection (b)(4), as redesignated by subsection (a)(1)--
       (1) by striking ``Eligibility'' and inserting ``(A) Except 
     as provided in subparagraphs (B) and (C), eligibility''; and
       (2) by adding at the end the following:
       ``(B) In the case of a member who is separated from the 
     Selected Reserve during a period of coverage for which the 
     member is eligible under subsection (a) and whose separation 
     is a qualifying involuntary separation, that period of 
     coverage shall not terminate on account of the separation. 
     For purposes of the preceding sentence, a qualifying 
     involuntary separation is involuntary retirement, involuntary 
     transfer to the Retired Reserve, or discharge while qualified 
     for transfer to the Retired Reserve when required by law or 
     regulation to be either transferred to the Retired Reserve or 
     discharged.''.
       (c) Continued Eligibility for Members in the Individual 
     Ready Reserve.--Section 1076d of such title is amended in 
     subsection (b)(4), as redesignated by subsection (a)(1), by 
     adding at the end the following:
       ``(C) Subparagraph (A) shall not apply in special 
     circumstances prescribed by the Secretary, including 
     continued service by a member in the Individual Ready 
     Reserve.''.
       (d) Special Rule for Mobilized Members of Individual Ready 
     Reserve Finding No Position in Selected Reserve.--Section 
     1076d of such title is amended by adding at the end of 
     subsection (b) (as amended by this section) the following new 
     paragraph:
       ``(5) In the case of a member of the Individual Ready 
     Reserve who meets the requirements for eligibility for health 
     benefits under TRICARE Standard under subsection (a) except 
     for membership in the Selected Reserve, the period of 
     coverage under this section may begin not later than one year 
     after coverage would otherwise begin under this section had 
     the member been a member of the Selected Reserve, if the 
     member finds a position in the Selected Reserve during that 
     one-year period.''.
       (e) Eligibility of Family Members for 6 Months Following 
     Death of Member.--Section 1076d(c) of such title is amended 
     by adding at the end the following: ``If a member of a 
     reserve component dies while in a period of coverage under 
     this section, the eligibility of the members of the immediate 
     family of such member for TRICARE Standard coverage shall 
     continue for six months beyond the date of death of the 
     member.''
       (f) Other Amendments.--Section 1076d of such title is 
     amended--
       (1) in subsection (a)(2), by striking ``on or before the 
     date of the release'' and inserting ``not later than 120 days 
     after release''; and
       (2) by amending subsection (f)(2) to read as follows:
       ``(2) The term `TRICARE Standard' means--
       ``(A) medical care to which a dependent described in 
     section 1076(a)(2) of this title is entitled; and
       ``(B) health benefits contracted for under the authority of 
     section 1079(a) of this title and subject to the same rates 
     and conditions as apply to persons covered under that 
     section.''.

     SEC. 704. STUDY AND PLAN RELATING TO CHIROPRACTIC HEALTH CARE 
                   SERVICES.

       (a) Study Required.--
       (1) Groups covered.--The Secretary of Defense shall conduct 
     a study of providing chiropractic health care services and 
     benefits to the following groups:
       (A) All members of the uniformed services on active duty 
     and entitled to care under section 1074(a) of title 10, 
     United States Code.
       (B) All members described in subparagraph (A) and their 
     eligible dependents, and all members of reserve components of 
     the uniformed services and their eligible dependents.
       (C) All members or former members of the uniformed services 
     who are entitled to retired or retainer pay or equivalent pay 
     and their eligible dependents.
       (2) Matters examined.--For each group listed in 
     subparagraphs (A), (B), and (C), the study shall examine the 
     following with respect to chiropractic health care services 
     and benefits:
       (A) The cost of providing such services and benefits.
       (B) The feasibility of providing such services and 
     benefits.
       (C) An assessment of the health care benefits of providing 
     such services and benefits.
       (D) An estimate of the potential cost savings of providing 
     such services and benefits in lieu of other medical services.
       (3) Space available costs.--The study shall also include a 
     detailed analysis of the projected costs of providing 
     chiropractic health care services on a space available basis 
     in the military treatment facilities currently providing 
     chiropractic care under section 702 of the Floyd D. Spence 
     National Defense Authorization Act of Fiscal Year 2001 (as 
     enacted by Public Law 106-398; 10 U.S.C. 1092 note).
       (4) Eligible dependents defined.--In this section, the term 
     ``eligible dependent'' has the meaning given that term in 
     section 1076a(k) of title 10, United States Code.
       (b) Plan Required.--Not later than March 31, 2006, the 
     Secretary of Defense shall revise the plan required under 
     section 702 of the Floyd D. Spence National Defense 
     Authorization Act of Fiscal Year 2001 (as enacted by Public 
     Law 106-398; 10 U.S.C. 1092 note), including a detailed 
     analysis of the projected costs, to provide chiropractic 
     health care services and benefits as a permanent part of the 
     Defense Health Program (including the TRICARE program) as 
     required under that section.
       (c) Report Required.--Not later than March 31, 2006, the 
     Secretary of Defense shall submit a report on the study 
     required under subsection (a), together with the plan 
     required under subsection (b), to the Committees on Armed 
     Services of the Senate and the House of Representatives.

     SEC. 705. SURVIVING-DEPENDENT ELIGIBILITY UNDER TRICARE 
                   DENTAL PLAN FOR SURVIVING SPOUSES WHO WERE ON 
                   ACTIVE DUTY AT TIME OF DEATH OF MILITARY 
                   SPOUSE.

       Section 1076a(k) of title 10, United States Code, is 
     amended to read as follows:
       ``(k) Eligible Dependent Defined.--(1) In this section, the 
     term `eligible dependent' means a dependent described in 
     subparagraph (A), (D), or (I) of section 1072(2) of this 
     title.
       ``(2) Such term includes any such dependent of a member who 
     dies while on active duty for a period of more than 30 days 
     or a member of the Ready Reserve if, on the date of the death 
     of the member, the dependent--
       ``(A) is enrolled in a dental benefits plan established 
     under subsection (a); or
       ``(B) if not enrolled in such a plan on such date--
       ``(i) is not enrolled by reason of a discontinuance of a 
     former enrollment under subsection (f); or
       ``(ii) is not qualified for such enrollment because--
       ``(I) the dependent is a child under the minimum age for 
     such enrollment; or
       ``(II) the dependent is a spouse who is a member of the 
     armed forces on active duty for a period of more than 30 
     days.
       ``(3) Such term does not include a dependent by reason of 
     paragraph (2) after the end of the three-year period 
     beginning on the date of the member's death.''.

     SEC. 706. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME REMOTE.

       Section 1079(p) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) The Secretary of Defense may provide for coverage of 
     a dependent referred to in subsection (a) who is not 
     described in paragraph (3) if the Secretary determines that 
     exceptional circumstances warrant such coverage.''.

                       Subtitle B--Other Matters

     SEC. 711. AUTHORITY TO RELOCATE PATIENT SAFETY CENTER; 
                   RENAMING MEDTEAMS PROGRAM.

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

     SEC. 712. MODIFICATION OF HEALTH CARE QUALITY INFORMATION AND 
                   TECHNOLOGY ENHANCEMENT REPORTING REQUIREMENT.

       Section 723(e) of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 697) is 
     amended by striking paragraphs (1) through (4) and inserting 
     the following:
       ``(1) Measures of the quality of health care furnished.
       ``(2) Population health.
       ``(3) Patient safety.
       ``(4) Patient satisfaction.
       ``(5) The extent of use of evidence-based health care 
     practices.
       ``(6) The effectiveness of biosurveillance in detecting an 
     emerging epidemic.''.

     SEC. 713. CORRECTION TO ELIGIBILITY OF CERTAIN RESERVE 
                   OFFICERS FOR MILITARY HEALTH CARE PENDING 
                   ACTIVE DUTY FOLLOWING COMMISSIONING.

       (a) Correction.--Clause (iii) of section 1074(a)(2)(B) of 
     title 10, United States Code, is amended by inserting before 
     the semicolon the following: ``or the orders have been issued 
     but the member has not entered active duty''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as of November 24, 2003, and as if included 
     in the enactment of paragraph (2) of section 1074(a) of title 
     10, United States Code, by section 708 of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136; 117 Stat. 1530).

     SEC. 714. PROHIBITION ON CONVERSIONS OF MILITARY MEDICAL 
                   POSITIONS TO CIVILIAN MEDICAL POSITIONS UNTIL 
                   SUBMISSION OF CERTIFICATION.

       (a) Prohibition on Conversions.--A Secretary of a military 
     department may not convert any military medical position to a 
     civilian medical position until the Secretary submits to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a certification that the conversions within 
     that department will not increase cost or decrease quality of 
     care or access to care. Such a certification may not be

[[Page 11261]]

     submitted before April 1, 2006. A Secretary submitting such a 
     certification shall include with the certification a report 
     in writing setting forth the methodology used by the 
     Secretary in making the determinations necessary for the 
     certification, including the extent to which the Secretary 
     took into consideration the findings of the Comptroller 
     General in the report under subsection (d).
       (b) Requirement for Study.--The Comptroller General shall 
     conduct a study on the effect of conversions of military 
     medical positions to civilian medical positions on the 
     defense health program.
       (c) Matters Covered.--The study shall include the 
     following:
       (1) The number of military medical positions, by grade and 
     specialty, planned for conversion to civilian medical 
     positions.
       (2) The number of military medical positions, by grade and 
     specialty, converted to civilian medical positions since 
     October 1, 2004.
       (3) The ability of the military health care system to fill 
     the civilian medical positions required, by specialty.
       (4) The degree to which access to health care is affected 
     in both the direct and purchased care system, including an 
     assessment of the effects of any increased shifts in patient 
     load from the direct care to the purchased care system, or 
     any delays in receipt of care in either the direct or 
     purchased care system because of lack of direct care 
     providers.
       (5) The degree to which changes in military manpower 
     requirements affect recruiting and retention of uniformed 
     medical personnel.
       (6) The effect of the conversions of military medical 
     positions to civilian medical positions on the defense health 
     program, including costs associated with the conversions, 
     with a comparison of the estimated costs versus the actual 
     costs incurred by the number of conversions since October 1, 
     2004.
       (7) The effectiveness of the conversions in enhancing 
     medical readiness, health care efficiency, productivity, 
     quality, and customer satisfaction.
       (d) Report.--Not later than March 1, 2006, the Comptroller 
     General shall submit to the Committees on Armed Services of 
     the Senate and House of Representatives a report containing 
     the results of the study under this section.
       (e) Definitions.--In this section:
       (1) The term ``military medical position'' means a position 
     for the performance of health care functions within the Armed 
     Forces held by a member of the Armed Forces.
       (2) The term ``civilian medical position'' means a position 
     for the performance of health care functions within the 
     Department of Defense held by an employee of the Department 
     or of a contractor of the Department.

     SEC. 715. CLARIFICATION OF INCLUSION OF DENTAL CARE IN 
                   MEDICAL READINESS TRACKING AND HEALTH 
                   SURVEILLANCE PROGRAM.

       (a) Inclusion of Dental Care.--Subtitle D of title VII of 
     the Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 1074 note) is 
     amended by adding at the end the following new section:

     ``SEC. 740. INCLUSION OF DENTAL CARE.

       ``For purposes of the plan, this title, and the amendments 
     made by this title, references to medical readiness, health 
     status, and health care shall be considered to include dental 
     readiness, dental status, and dental care.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of title VII of such Act and in section 2(b) of 
     such Act are each amended by inserting after the item 
     relating to section 740 the following:

``Sec. 740. Inclusion of dental care.'' .

     SEC. 716. COOPERATIVE OUTREACH TO MEMBERS AND FORMER MEMBERS 
                   OF THE NAVAL SERVICE EXPOSED TO ENVIRONMENTAL 
                   FACTORS RELATED TO SARCOIDOSIS.

       (a) Outreach Program Required.--The Secretary of the Navy, 
     in coordination with the Secretary of Veterans Affairs, shall 
     conduct an outreach program to contact all members and former 
     members of the naval service who, in connection with service 
     aboard Navy ships may have been exposed to aerosolized 
     particles resulting from the removal of nonskid coating used 
     on those ships.
       (b) Purposes of Outreach Program.--The purposes of the 
     outreach program are as follows:
       (1) To develop additional data for use in subsequent 
     studies aimed at determining a causative link between 
     sarcoidosis and military service.
       (2) To inform members and former members identified in 
     subsection (a) of the findings of Navy studies identifying an 
     association between service aboard certain naval ships and 
     sarcoidosis.
       (3) To assist members and former members identified in 
     subsection (a) in getting medical evaluations to help clarify 
     linkages between their disease and their service aboard Navy 
     ships.
       (4) To ensure the Department of Veterans Affairs has data 
     and information for the effective evaluation of veterans who 
     may seek care for sarcoidosis.
       (c) Implementation.--The Secretary of the Navy shall begin 
     the outreach program not later than six months after the date 
     of the enactment of this act and provide to the Committees on 
     Armed Services of the Senate and the House of Representatives 
     a report on the results of the outreach programs not later 
     than one year after beginning the program.

     SEC. 717. EARLY IDENTIFICATION AND TREATMENT OF MENTAL HEALTH 
                   AND SUBSTANCE ABUSE DISORDERS.

       (a) Authority.--The Secretary of Defense may carry out 
     activities to foster the early identification and treatment 
     of mental health and substance abuse problems experienced by 
     members of the Armed Forces, with special emphasis on members 
     who have served in a theater of combat operations within the 
     preceding 12 months.
       (b) Activities.--The activities carried out by the 
     Secretary under subsection (a) may include the conduct of a 
     series of campaigns that uses internal mass media (including 
     radio and television) communications and other education 
     tools to change attitudes within the Armed Forces regarding 
     mental health and substance abuse treatment, with the aim of 
     lessening the stigma associated with mental health and 
     substance abuse problems and the treatment of such problems, 
     including the development of pertinent messaging targeted 
     to--
       (1) members of the Armed Forces who may be experiencing 
     mental health or substance abuse problems and their family 
     members;
       (2) commanders and supervisory personnel; and
       (3) peers of members of the Armed Forces who may be 
     experiencing mental health or substance abuse problems or be 
     at risk of such problems.

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

 Subtitle A--Provisions Relating to Major Defense Acquisition Programs

Sec. 801. Requirement for certification by Secretary of Defense before 
              major defense acquisition program may proceed to 
              Milestone B.
Sec. 802. Requirement for analysis of alternatives to major defense 
              acquisition programs.
Sec. 803. Authority for Secretary of Defense to revise baseline for 
              major defense acquisition programs.

             Subtitle B--Acquisition Policy and Management

Sec. 811. Applicability of statutory executive compensation cap made 
              prospective.
Sec. 812. Use of commercially available online services for Federal 
              procurement of commercial items.
Sec. 813. Contingency contracting corps.
Sec. 814. Requirement for contracting operations to be included in 
              interagency planning related to stabilization and 
              reconstruction.
Sec. 815. Statement of policy and report relating to contracting with 
              employers of persons with disabilities.
Sec. 816. Study on Department of Defense contracting with small 
              business concerns owned and controlled by service-
              disabled veterans.
Sec. 817. Prohibition on procurement from beneficiaries of foreign 
              subsidies.

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

Sec. 821. Increased flexibility for designation of critical acquisition 
              positions in defense acquisition workforce.
Sec. 822. Participation by Department of Defense in acquisition 
              workforce training fund.
Sec. 823. Increase in cost accounting standard threshold.
Sec. 824. Amendments to domestic source requirements relating to 
              clothing materials and components covered.
Sec. 825. Rapid acquisition authority to respond to defense 
              intelligence community emergencies.

 Subtitle A--Provisions Relating to Major Defense Acquisition Programs

     SEC. 801. REQUIREMENT FOR CERTIFICATION BY SECRETARY OF 
                   DEFENSE BEFORE MAJOR DEFENSE ACQUISITION 
                   PROGRAM MAY PROCEED TO MILESTONE B.

       (a) Certification Requirement.--Chapter 139 of title 10, 
     United States Code, is amended by inserting after section 
     2366 the following new section:

     ``Sec. 2366a. Major defense acquisition programs: 
       certification required before Milestone B or Key Decision 
       Point B approval

       ``(a) Certification.--A major defense acquisition program 
     may not receive Milestone B approval, or Key Decision Point B 
     approval in the case of a space program, until the Secretary 
     of Defense certifies that--
       ``(1) the technology in the program has been demonstrated 
     in a relevant environment;
       ``(2) the program demonstrates a high likelihood of 
     accomplishing its intended mission;
       ``(3) the program is affordable when considering the per 
     unit cost and the total acquisition cost in the context of 
     the total resources available during the period covered by 
     the future-years defense program submitted during the fiscal 
     year in which the certification is made;
       ``(4) the program is affordable when considering the 
     ability of the Department of Defense to accomplish the 
     program's mission using alternative systems;
       ``(5) the Joint Requirements Oversight Council has 
     accomplished its duties with respect to the program pursuant 
     to section 181(b) of this title, including an analysis of the 
     operational requirements for the program; and
       ``(6) the program complies with all relevant policies, 
     regulations, and directives of the Department of Defense.
       ``(b) Submission to Congress.--The certification required 
     under subsection (a) with respect to a major defense 
     acquisition program

[[Page 11262]]

     shall be submitted to the congressional defense committees at 
     least 30 days before approval of Milestone B or Key Decision 
     Point B.
       ``(c) Waiver for National Security.--The Secretary may 
     waive the applicability of the certification requirement 
     under subsection (a) to a major defense acquisition program 
     if the Secretary determines that, but for such a waiver, the 
     Department would be unable to meet national security 
     objectives. Whenever the Secretary makes such a determination 
     and authorizes such a waiver, the Secretary shall submit 
     notice of such waiver and of the Secretary's determination, 
     and the reasons for the determination, in writing to the 
     congressional defense committees within 30 days after 
     authorizing the waiver.
       ``(d) Nondelegation.--The Secretary may not delegate the 
     certification requirement under subsection (a) or the 
     authority to waive such requirement under subsection (d).
       ``(e) Definitions.--In this section:
       ``(1) The term `major defense acquisition program' means a 
     Department of Defense acquisition program that is a major 
     defense acquisition program for purposes of section 2430 of 
     this title.
       ``(2) The term `Milestone B approval' has the meaning 
     provided that term in section 2366(e)(7) of this title.
       ``(3) The term `Key Decision Point B' means the official 
     program initiation of a National Security Space program of 
     the Department of Defense, which triggers a formal review to 
     determine maturity of technology and the program's readiness 
     to begin the preliminary system design.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2366 the following new item:

``2366a. Major defense acquisition programs: certification required 
              before Milestone B approval or Key Decision Point B 
              approval.''.

     SEC. 802. REQUIREMENT FOR ANALYSIS OF ALTERNATIVES TO MAJOR 
                   DEFENSE ACQUISITION PROGRAMS.

       (a) Analysis of Alternatives Requirement.--Chapter 144 of 
     title 10, United States Code, is amended by inserting after 
     section 2433 the following new section:

     ``Sec. 2433a. Analysis of alternatives

       ``(a) Requirement If Unit Costs Exceed 15 Percent.--If the 
     percentage increase in the program acquisition unit cost or 
     procurement unit cost of a major defense acquisition program 
     (as determined by the Secretary concerned under section 
     2433(d)(3) of this title) exceeds 15 percent, then the 
     Secretary concerned shall initiate an analysis of 
     alternatives for the major defense acquisition program, in 
     accordance with this section.
       ``(b) Matters Covered in Analysis of Alternatives.--An 
     analysis of alternatives for a major defense acquisition 
     program shall include, at a minimum, the following:
       ``(1) Projected cost to complete the program if current 
     requirements are not modified.
       ``(2) Projected cost to complete the program based on 
     potential modifications to the requirements.
       ``(3) Projected cost to complete the program based on 
     design modifications, enhancements to the producibility of 
     the program, and manufacturing efficiencies.
       ``(4) Projected cost and capabilities of the program that 
     could be delivered within the originally authorized budget 
     for the program, including any increase or decrease in 
     capability.
       ``(5) Projected cost for an alternative system or 
     capability.
       ``(c) Completion and Submission to Congress.--With respect 
     to any analysis of alternatives initiated under this section, 
     the Secretary--
       ``(1) shall complete the analysis not later than 1 year 
     after the date of initiation; and
       ``(2) shall submit the analysis to the congressional 
     defense committees not later than 30 days after the date of 
     completion.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2433a. Analysis of alternatives.''.

     SEC. 803. AUTHORITY FOR SECRETARY OF DEFENSE TO REVISE 
                   BASELINE FOR MAJOR DEFENSE ACQUISITION 
                   PROGRAMS.

       (a) Authority.--Section 2433(e)(2) of title 10, United 
     States Code, is amended--
       (1) by redesignating clauses (i) through (iv) of 
     subparagraph (A) as subclauses (I) through (IV), 
     respectively;
       (2) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii); and
       (3) by inserting after ``the Secretary of Defense shall'' 
     the following: ``either (A) return the program to Milestone B 
     or to Key Decision Point B in the case of a space system, 
     conduct a re-baseline for the program under section 2435(d), 
     and notify the congressional defense committees of such 
     return and revision, or (B)''.
       (b) Baseline Description.--Section 2435(a)(1) of such title 
     is amended by adding at the end the following: ``The baseline 
     shall be the baseline used for all purposes under this 
     chapter.''.
       (c) Re-Baseline Authorized.--Section 2435 of such title is 
     amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Re-baselining.--
       ``(1) Re-baseline authorized.--For purposes of this 
     chapter, a baseline for a major defense acquisition program 
     may be re-baselined only if a percentage increase in program 
     acquisition unit cost or procurement unit cost of the program 
     exceeding 25 percent occurs (as determined by the Secretary 
     under section 2433(d)).
       ``(2) Notification to congress of re-baselining.--The 
     Secretary shall notify the congressional defense committees 
     not later than 30 days after a re-baselining has been 
     conducted for a major defense acquisition program.''.

             Subtitle B--Acquisition Policy and Management

     SEC. 811. APPLICABILITY OF STATUTORY EXECUTIVE COMPENSATION 
                   CAP MADE PROSPECTIVE.

       (a) Prospective Applicability of Executive Compensation 
     Cap.--Section 808(e)(2) of Public Law 105-85 (41 U.S.C. 435 
     note; 111 Stat. 1838) is amended by striking ``before, on,'' 
     and inserting ``on''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply as if included in Public Law 105-85 as enacted.

     SEC. 812. USE OF COMMERCIALLY AVAILABLE ONLINE SERVICES FOR 
                   FEDERAL PROCUREMENT OF COMMERCIAL ITEMS.

       (a) Amendment to the Federal Acquisition Regulation.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Federal Acquisition Regulation shall be revised to 
     include provisions that require the head of an executive 
     agency, to the maximum extent practicable, to use 
     commercially available online procurement services to 
     purchase commercial items, including those procurement 
     services that allow the agency to conduct reverse auctions.
       (b) Report.--Not later than one year after the revisions to 
     the Federal Acquisition Regulation are issued pursuant to 
     subsection (a), the Administrator for Federal Procurement 
     Policy shall submit to the Committees on Governmental Affairs 
     and Homeland Security and on Armed Services of the Senate and 
     the Committees on Government Reform and on Armed Services of 
     the House of Representatives a report on the use of 
     commercially available online procurement services. The 
     report shall include--
       (1) a list of the executive agencies that have used 
     commercially available online procurement services, and the 
     number of times each has so used such services;
       (2) a list of the types of commercially available online 
     procurement services used by each executive agency and the 
     dollar value of the procurements conducted through each type 
     of commercially available online procurement service; and
       (3) the Administrator's recommendations for further 
     encouraging the use of commercially available online 
     procurement services, particularly those that afford the 
     Federal Government the opportunity to conduct reverse 
     auctions.
       (c) Definitions.--In this section:
       (1) The term ``commercially available online procurement 
     services'', with respect to procurement by executive 
     agencies, includes reverse auctions and other services 
     accessible on the Internet that allow executive agencies to 
     purchase commercial items from electronic catalogs and 
     offerors to bid for delivery orders of such items.
       (2) The term ``reverse auction'', with respect to 
     procurement by executive agencies, means a method of 
     soliciting offers on the Internet for commercial items, not 
     including construction-related services, in which--
       (A) firms compete against each other on the Internet in 
     real time and in an open and interactive environment; and
       (B) each firm's identity and pricing are safeguarded.
       (3) The term ``Federal Acquisition Regulation'' means the 
     single Government-wide procurement regulation issued in 
     accordance with sections 6 and 25 of the Office of Federal 
     Procurement Policy Act (41 U.S.C. 405 and 421).
       (4) The terms ``executive agency'', ``commercial item'', 
     and ``procurement'' have the meanings provided those terms in 
     section 4 of the Office of Federal Procurement Policy Act (41 
     U.S.C. 403 et seq.).

     SEC. 813. CONTINGENCY CONTRACTING CORPS.

       (a) Requirement to Establish Contingency Contracting 
     Corps.--
       (1) Requirement.--The Secretary of Defense shall establish 
     a contingency contracting corps, to be implemented, subject 
     to the authority, direction, and control of the Secretary, 
     through a joint policy developed by the Chairman of the Joint 
     Chiefs of Staff, in accordance with this section.
       (2) Head of corps.--The policy shall provide that the corps 
     shall be directed by a senior commissioned officer with 
     appropriate acquisition experience and qualifications, who 
     shall report directly to the commander of the combatant 
     command in whose area of responsibility the corps is 
     operating when deployed. In the case of more than one 
     operation for which the corps is deployed, the head of the 
     corps may delegate command authority, but any officer to whom 
     the authority is delegated shall report directly to the 
     commander of the combatant command concerned.
       (3) Operation of corps.--The policy shall provide that the 
     contingency contracting corps shall conduct contingency 
     contracting--
       (A) during combat operations and use rapid acquisition 
     authority to the maximum extent appropriate;
       (B) during post-conflict operations to assist the commander 
     of the combatant command in meeting urgent contracting 
     requirements; and
       (C) by using both deployed and non-deployed contingency 
     contracting personnel for carrying out contingency 
     contracting.
       (4) Training of corps.--

[[Page 11263]]

       (A) The policy developed under paragraph (1) shall provide 
     for training all contingency contracting personnel in the use 
     of law, regulations, policies, and directives related to 
     contingency contracting operations, and shall ensure that the 
     training is maintained for such personnel even when they are 
     not deployed in a contingency operation.
       (B) The policy shall require the training of contingency 
     contracting personnel to include instruction from a program 
     to be created by the Defense Acquisition University and 
     inclusion of contingency contracting personnel in relevant 
     wargaming and operational planning.
       (C) The policy shall require contingency contracting 
     personnel to remain proficient in contingency contracting 
     operations during peacetime and shall allow such personnel to 
     be used for other acquisition and contracting-related 
     activities when not required in support of contingency 
     contracting operations.
       (D) The policy shall provide for the corps to use 
     integrated contracting, financial, and other support systems.
       (5) Regulations.--The Secretary shall prescribe regulations 
     to carry out this section. The regulations shall be developed 
     in coordination with the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics, the Secretaries of 
     the military departments, and the acquisition support 
     agencies. The regulations shall be uniform to the maximum 
     extent practicable among the military departments and shall 
     address, at a minimum, applicable laws, regulations, 
     policies, and directives related to contingency contracting.
       (b) Report.--
       (1) Requirement.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report on contingency 
     contracting.
       (2) Matters covered.--The report shall include discussions 
     of the following:
       (A) Progress in the implementation of the contingency 
     contracting corps, in accordance with the requirements of 
     subsection (a).
       (B) The ability of the Armed Forces to support contingency 
     contracting.
       (C) The ability of commanders of combatant commands to 
     request contingency contracting support and the ability of 
     the military departments and the acquisition support agencies 
     to respond to such requests and provide such support, 
     including the availability of rapid acquisition personnel for 
     such support.
       (D) The ability of the current civilian and military 
     acquisition workforce to deploy to combat theaters of 
     operations and to conduct contracting activities during 
     combat and during post-conflict, reconstruction, or other 
     contingency operations.
       (E) The effect of different periods of deployment on 
     continuity in the acquisition process.
       (c) Definitions.--In this section:
       (1) Contingency contracting personnel.--The term 
     ``contingency contracting personnel'' means members of the 
     Armed Forces and civilian employees of the Department of 
     Defense who are members of the defense acquisition workforce 
     and, as part of their duties, are assigned to provide support 
     to contingency operations (whether deployed or not).
       (2) Contingency contracting.--The term ``contingency 
     contracting'' means all stages of the process of acquiring 
     property or services by the Department of Defense during a 
     contingency operation.
       (3) Contingency operation.--The term ``contingency 
     operation'' has the meaning provided in section 101(13) of 
     title 10, United States Code.
       (4) Acquisition support agencies.--The term ``acquisition 
     support agencies'' means Defense Agencies and Department of 
     Defense Field Activities that carry out and provide support 
     for acquisition-related activities.

     SEC. 814. REQUIREMENT FOR CONTRACTING OPERATIONS TO BE 
                   INCLUDED IN INTERAGENCY PLANNING RELATED TO 
                   STABILIZATION AND RECONSTRUCTION.

       (a) Inclusion of Contracting Operations in Interagency 
     Planning.--The Secretary of Defense shall include contracting 
     operations in all relevant interagency planning operations of 
     the Department of Defense related to stabilization and 
     reconstruction operations.
       (b) Secretary of Defense Requirements.--If the President 
     designates the Department of Defense as the executive agency 
     with primary responsibility for contracting operations in 
     post-conflict, stabilization, or reconstruction operations, 
     the Secretary of Defense shall develop policy and procedures 
     for the Department of Defense to serve as such executive 
     agency.
       (c) Report.--
       (1) Requirement.--The Secretary of Defense and the 
     Secretary of State shall jointly prepare a report on lessons 
     learned from carrying out contracting operations during 
     Operation Iraqi Freedom.
       (2) Matters covered.--The report shall address the 
     following with respect to such activities:
       (A) Development of an appropriate acquisition planning 
     strategy before obligation of funds, including the scope of 
     planned contracting operations, project management, 
     logistics, and financial considerations.
       (B) Flow of appropriated funds.
       (C) Ability to obtain military and civilian acquisition 
     workforce personnel.
       (D) Ability to obtain country clearances for such 
     personnel.
       (E) Ability to reprogram funds and to coordinate 
     interagency activities.
       (3) Submission.--Not later than 180 days after the date of 
     the enactment of this Act, the report shall be submitted to 
     the Committees on Armed Services and Foreign Relations of the 
     Senate and the Committees on Armed Services and International 
     Relations of the House of Representatives.

     SEC. 815. STATEMENT OF POLICY AND REPORT RELATING TO 
                   CONTRACTING WITH EMPLOYERS OF PERSONS WITH 
                   DISABILITIES.

       (a) Extensions of Inapplicability of Certain Acts.--Section 
     853 of the Ronald W. Reagan National Defense Authorization 
     Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2021) 
     is amended in subsections (a)(2) (A) and (b)(2)(A) by 
     striking ``2005'' and inserting ``2006''.
       (b) Statement of Policy.--The Secretary of Defense and the 
     Secretary of Education shall jointly issue a statement of 
     policy related to the implementation of the Randolph-Sheppard 
     Act (20 U.S.C. 107 et seq.) and the Javits-Wagner-O'Day Act 
     (41 U.S.C. 48) within the Department of Defense and the 
     Department of Education. The joint statement of policy shall 
     specifically address the application of those Acts to both 
     operation and management of all or any part of a military 
     mess hall, military troop dining facility, or any similar 
     dining facility operated for the purpose of providing meals 
     to members of the Armed Forces, and shall take into account 
     and address, to the extent practicable, the positions 
     acceptable to persons representing programs implemented under 
     each Act.
       (c) Report.--Not later than April 1, 2006, the Secretary of 
     Defense and the Secretary of Education shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives, the Committee on Health, Education, Labor 
     and Pensions of the Senate, and the Committee on Education 
     and the Workforce of the House of Representatives a report 
     describing the joint statement of policy issued under 
     subsection (b), with such findings and recommendations as the 
     Secretaries consider appropriate.

     SEC. 816. STUDY ON DEPARTMENT OF DEFENSE CONTRACTING WITH 
                   SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY 
                   SERVICE-DISABLED VETERANS.

       (a) Study Required.--The Secretary of Defense shall conduct 
     a study on Department of Defense procurement contracts with 
     small business concerns owned and controlled by service-
     disabled veterans.
       (b) Elements of Study.--The study required by subsection 
     (a) shall include the following determinations:
       (1) Any steps taken by the Department of Defense to meet 
     the Government-wide goal of participation by small business 
     concerns owned and controlled by service-disabled veterans in 
     at least 3 percent of the total value of all prime contract 
     and subcontract awards, as required under section 15(g) of 
     the Small Business Act (15 U.S.C. 644(g)).
       (2) If the Department of Defense has failed to meet such 
     goal, an explanation of the reasons for such failure.
       (3) Any steps taken within the Department of Defense to 
     make contracting officers aware of the 3 percent goal and to 
     ensure that procurement officers are working actively to 
     achieve such goal.
       (4) The number of small business concerns owned and 
     controlled by service-disabled veterans which submitted 
     offers on contracts with the Department of Defense during the 
     preceding fiscal year.
       (5) Any outreach efforts made by the Department to enter 
     into contracts with small business concerns owned and 
     controlled by service-disabled veterans.
       (6) Any such outreach efforts the Department could make but 
     has not made.
       (7) Whether, in awarding subcontracts, prime contractors 
     are aware of the preference for small business concerns owned 
     and controlled by service-disabled veterans under section 36 
     of the Small Business Act (15 U.S.C. 657f).
       (8) Any plans of the Department of Defense to increase the 
     percentage of Federal contracts it awards to small businesses 
     owned and controlled by service-disabled veterans.
       (c) Report.--Not later than the date that is six months 
     after the date of the enactment of this Act, the Secretary 
     shall submit to Congress a report on the findings of the 
     study conducted under this section.
       (d) Small Business Concern Owned and Controlled by Service-
     Disabled Veterans.--In this section, the term ``small 
     business concern owned and controlled by service-disabled 
     veterans'' has the meaning given that term in section 3(q) of 
     the Small Business Act (15 U.S.C. 632(q)).

     SEC. 817. PROHIBITION ON PROCUREMENT FROM BENEFICIARIES OF 
                   FOREIGN SUBSIDIES.

       (a) Prohibition.--The Secretary of Defense may not enter 
     into a contract for the procurement of goods or services from 
     any foreign person to which the government of a foreign 
     country that is a member of the World Trade Organization has 
     provided a subsidy if--
       (1) the United States has requested consultations with that 
     foreign country under the Agreement on Subsidies and 
     Countervailing Measures on the basis that the subsidy is a 
     prohibited subsidy under that Agreement; and
       (2) either--
       (A) the issue before the World Trade Organization has not 
     been resolved; or
       (B) the World Trade Organization has ruled that the subsidy 
     provided by the foreign country

[[Page 11264]]

     is a prohibited subsidy under the Agreement on Subsidies and 
     Countervailing Measures.
       (b) Joint Ventures.--The prohibition under subsection (a) 
     with respect to a foreign person also applies to any joint 
     venture, cooperative organization, partnership, or 
     contracting team of which that foreign person is a member.
       (c) Subcontracts and Task Orders.--The prohibition under 
     subsection (a) with respect to a contract also applies to any 
     subcontracts at any tier entered into under the contract and 
     any task orders at any tier issued under the contract.
       (d) Definitions.--In this section:
       (1) The term ``Agreement on Subsidies and Countervailing 
     Measures'' means the agreement described in section 
     101(d)(12) of the Uruguay Round Agreements Act (19 U.S.C. 
     3501(d)(12)).
       (2) The term ``foreign person'' means--
       (A) an individual who is not a United States person or an 
     alien lawfully admitted for permanent residence into the 
     United States; or
       (B) a corporation, partnership, or other nongovernmental 
     entity which is not a United States person.
       (3) The term ``United States person'' means--
       (A) a natural person who is a citizen of the United States 
     or who owes permanent allegiance to the United States; and
       (B) a corporation or other legal entity which is organized 
     under the laws of the United States, any State or territory 
     thereof, or the District of Columbia, if natural persons 
     described in subparagraph (A) own, directly or indirectly, 
     more than 50 percent of the outstanding capital stock or 
     other beneficial interest in such legal entity.
       (e) Applicability.--
       (1) Programs with milestone b approval not covered.--The 
     prohibition under subsection (a) shall not apply to any 
     contract under a major defense acquisition program that has 
     received Milestone B approval as of the date of the enactment 
     of this Act.
       (2) Definitions.--In this subsection:
       (A) The term ``major defense acquisition program'' means a 
     Department of Defense acquisition program that is a major 
     defense acquisition program for purposes of section 2430 of 
     title 10, United States Code.
       (B) The term ``Milestone B approval'' has the meaning 
     provided that term in section 2366(e)(7) of such title.

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

     SEC. 821. INCREASED FLEXIBILITY FOR DESIGNATION OF CRITICAL 
                   ACQUISITION POSITIONS IN DEFENSE ACQUISITION 
                   WORKFORCE.

       Subparagraph (A) of section 1733(b)(1) of title 10, United 
     States Code, is amended to read as follows:
       ``(A) Any acquisition position that is required to be 
     filled by a senior civilian employee in the National Security 
     Personnel System or a senior commissioned officer of the 
     Army, Navy, Air Force, or Marine Corps, as determined in 
     accordance with guidelines prescribed by the Secretary.''.

     SEC. 822. PARTICIPATION BY DEPARTMENT OF DEFENSE IN 
                   ACQUISITION WORKFORCE TRAINING FUND.

       (a) Required Contributions to Acquisition Workforce 
     Training Fund by Department of Defense.--Section 37(h)(3) of 
     the Office of Federal Procurement Policy Act (41 U.S.C. 
     433(h)(3)) is amended--
       (1) in subparagraph (B), by striking ``(other than the 
     Department of Defense)''; and
       (2) by redesignating subparagraphs (D), (E), (F), and (G) 
     as subparagraphs (E), (F), (G), and (H), respectively, and 
     inserting after subparagraph (C) the following new 
     subparagraph (D):
       ``(D) The Administrator of General Services shall transfer 
     to the Secretary of Defense fees collected from the 
     Department of Defense pursuant to subparagraph (B), to be 
     used by the Defense Acquisition University for purposes of 
     acquisition workforce training for the entire Federal 
     acquisition workforce.''.
       (b) Conforming Amendments.--
       (1) Office of federal procurement policy act.--Section 
     37(a) of the Office of Federal Procurement Policy Act (41 
     U.S.C. 433) is amended by striking ``This section'' and 
     inserting ``Except as provided in subsection (h)(3), this 
     section''.
       (2) Public law 108-136.--Section 1412 of the National 
     Defense Authorization Act for Fiscal Year 2004 (Public Law 
     108-136; 117 Stat. 1664) is amended by striking subsection 
     (c).
       (c) Defense Acquisition University Funding.--Amounts 
     transferred under section 37(h)(3)(D) of the Office of 
     Federal Procurement Policy Act (as amended by subsection (a)) 
     for use by the Defense Acquisition University shall be in 
     addition to other amounts authorized for the University.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to contracts entered into after the 
     date of the enactment of this Act.

     SEC. 823. INCREASE IN COST ACCOUNTING STANDARD THRESHOLD.

       Section 26(f)(2)(A) of the Office of Federal Procurement 
     Policy Act (41 U.S.C. 422(f)(A)) is amended by striking 
     ``$500,000'' and inserting ``$550,000''.

     SEC. 824. AMENDMENTS TO DOMESTIC SOURCE REQUIREMENTS RELATING 
                   TO CLOTHING MATERIALS AND COMPONENTS COVERED.

       (a) Notice.--Section 2533a of title 10, United States Code, 
     is amended by adding at the end the following new subsection:
       ``(k) Notification Required Within 7 Days After Contract 
     Award If Certain Exceptions Applied.--In the case of any 
     contract for the procurement of an item described in 
     subparagraph (B), (C), (D), or (E) of subsection (b)(1), if 
     the Secretary of Defense or of the military department 
     concerned applies an exception set forth in subsection (c) or 
     (e) with respect to that contract, the Secretary shall, not 
     later than 7 days after the award of the contract, post a 
     notification that the exception has been applied on the 
     Internet site maintained by the General Services 
     Administration known as FedBizOps.gov (or any successor 
     site). ''.
       (b) Clothing Materials and Components Covered.--Subsection 
     (b) of section 2533a of title 10, United States Code, is 
     amended in paragraph (1)(B) by inserting before the semicolon 
     the following: ``and the materials and components thereof, 
     other than sensors, electronics, or other items added to, and 
     not normally associated with, clothing (and the materials and 
     components thereof)''.

     SEC. 825. RAPID ACQUISITION AUTHORITY TO RESPOND TO DEFENSE 
                   INTELLIGENCE COMMUNITY EMERGENCIES.

       (a) Rapid Acquisition Authority.--In the case of any 
     critical intelligence capability that, as determined in 
     writing by the Secretary of Defense, without delegation, is 
     urgently needed to address a demonstrable, imminent, and 
     urgent threat to national security that would likely result 
     in combat fatalities or grave harm to the national security 
     of the United States, the Secretary shall use the procedures 
     developed under this section in order to accomplish the rapid 
     acquisition and deployment of the needed critical 
     intelligence capabilities.
       (b) Designation of Senior Official.--Whenever the Secretary 
     makes a determination under subsection (a) that the rapid 
     acquisition of critical intelligence capability is needed, 
     the Secretary shall designate a senior official of the 
     Department of Defense to ensure that the intelligence 
     capability is acquired and deployed as quickly as possible, 
     with a goal of awarding a contract for the acquisition of the 
     intelligence capability within 15 days after the 
     determination is made.
       (c) Waiver Authority.--Upon designation of a senior 
     official under subsection (b), the Secretary shall authorize 
     that official to waive any provision of law, policy, 
     directive, or regulation described in subsection (f) that 
     such official determines in writing would unnecessarily 
     impede the rapid acquisition and deployment of the needed 
     intelligence capability.
       (d) Funding of Rapid Acquisitions.--The authority of this 
     section may not be used to acquire intelligence capability in 
     an amount aggregating more than $20,000,000 during any fiscal 
     year. For acquisitions of intelligence capability under this 
     subsection during the fiscal year in which the Secretary 
     makes the determination described in subsection (a) with 
     respect to such intelligence capability, the Secretary may 
     use any funds available to the Department of Defense for that 
     fiscal year.
       (e) Notice to Congress.--The Secretary of Defense shall 
     notify the congressional defense committees within 15 days 
     after each determination made under subsection (a). Each such 
     notice shall identify in either classified or unclassified 
     format, as appropriate--
       (1) the intelligence capability to be acquired;
       (2) the amount anticipated to be expended for the 
     acquisition; and
       (3) the source of funds for the acquisition.
       (f) Waiver of Certain Statutes and Regulations.--
       (1) In general.--Upon a determination described in 
     subsection (a), the senior official designated in accordance 
     with subsection (b) with respect to that designation is 
     authorized to waive any provision of law, policy, directive 
     or regulation addressing--
       (A) the establishment of the requirement for the 
     intelligence capability;
       (B) the research, development, test, and evaluation of the 
     intelligence capability; or
       (C) the solicitation and selection of sources, and the 
     award of the contract, for procurement of the intelligence 
     capability.
       (2) Limitation.--Nothing in this subsection authorizes the 
     waiver of any provision of law imposing civil or criminal 
     penalties.

      TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

              Subtitle A--Department of Defense Management

Sec. 901. Restoration of parity in pay levels among Under Secretary 
              positions.
Sec. 902. Eligibility criteria for Director of Department of Defense 
              Test Resource Management Center.
Sec. 903. Consolidation and standardization of authorities relating to 
              Department of Defense Regional Centers for Security 
              Studies.
Sec. 904. Redesignation of the Department of the Navy as the Department 
              of the Navy and Marine Corps.

                      Subtitle B--Space Activities

Sec. 911. Space Situational Awareness Strategy.
Sec. 912. Military satellite communications.
Sec. 913. Operationally responsive space.

             Subtitle C--Chemical Demilitarization Program

Sec. 921. Transfer to Secretary of the Army of responsibility for 
              assembled chemical weapons alternatives program.
Sec. 922. Clarification of Cooperative Agreement Authority under 
              Chemical Demilitarization Program.

[[Page 11265]]

                Subtitle D--Intelligence-Related Matters

Sec. 931. Department of Defense Strategy for Open-Source intelligence.
Sec. 932. Comprehensive inventory of Department of Defense intelligence 
              and intelligence-related programs and projects.

              Subtitle A--Department of Defense Management

     SEC. 901. RESTORATION OF PARITY IN PAY LEVELS AMONG UNDER 
                   SECRETARY POSITIONS.

       (a) Positions of Under Secretaries of Military Departments 
     Raised to Level III of the Executive Schedule.--Section 5314 
     of title 5, United States Code, is amended by inserting after 
     ``Under Secretary of Defense for Intelligence'' the 
     following:
       ``Under Secretary of the Air Force.
       ``Under Secretary of the Army.
       ``Under Secretary of the Navy.''.
       (b) Conforming Amendment.--Section 5315 of such title is 
     amended by striking the following:
       ``Under Secretary of the Air Force.
       ``Under Secretary of the Army.
       ``Under Secretary of the Navy.''.

     SEC. 902. ELIGIBILITY CRITERIA FOR DIRECTOR OF DEPARTMENT OF 
                   DEFENSE TEST RESOURCE MANAGEMENT CENTER.

        Section 196(b) of title 10, United States Code, is amended 
     to read as follows:
       ``(b) Director.--At the head of the Center shall be a 
     Director, who shall be appointed by the Secretary from among 
     individuals who have substantial experience in the field of 
     test and evaluation.''.

     SEC. 903. CONSOLIDATION AND STANDARDIZATION OF AUTHORITIES 
                   RELATING TO DEPARTMENT OF DEFENSE REGIONAL 
                   CENTERS FOR SECURITY STUDIES.

       (a) Basic Authorities for Regional Centers.--
       (1) In general.--Section 184 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 184. Regional Centers for Security Studies

       ``(a) In General.--The Secretary of Defense shall 
     administer the Department of Defense Regional Centers for 
     Security Studies in accordance with this section as 
     international venues for bilateral and multilateral research, 
     communication, and exchange of ideas involving military and 
     civilian participants.
       ``(b) Regional Centers Specified.--(1) A Department of 
     Defense Regional Center for Security Studies is a Department 
     of Defense institution that--
       ``(A) is operated, and designated as such, by the Secretary 
     of Defense for the study of security issues relating to a 
     specified geographic region of the world; and
       ``(B) serves as a forum for bilateral and multilateral 
     research, communication, and exchange of ideas involving 
     military and civilian participants.
       ``(2) The Department of Defense Regional Centers for 
     Security Studies are the following:
       ``(A) The George C. Marshall European Center for Security 
     Studies, established in 1993 and located in Garmisch-
     Partenkirchen, Germany.
       ``(B) The Asia-Pacific Center for Security Studies, 
     established in 1995 and located in Honolulu, Hawaii.
       ``(C) The Center for Hemispheric Defense Studies, 
     established in 1997 and located in Washington, D.C.
       ``(D) The Africa Center for Strategic Studies, established 
     in 1999 and located in Washington, D.C.
       ``(E) The Near East South Asia Center for Strategic 
     Studies, established in 2000 and located in Washington, D.C.
       ``(3) No institution or element of the Department of 
     Defense may be designated as a Department of Defense Regional 
     Center for Security Studies for purposes of this section, 
     other than the institutions specified in paragraph (2), 
     except as specifically provided by law after the date of the 
     enactment of this section.
       ``(c) Regulations.--The administration of the Regional 
     Centers under this section shall be carried out under 
     regulations prescribed by the Secretary.
       ``(d) Participation.--Participants in activities of the 
     Regional Centers may include United States military and 
     civilian personnel, governmental and nongovernmental 
     personnel, and foreign military and civilian, governmental 
     and nongovernmental personnel.
       ``(e) Employment and Compensation of Faculty.--At each 
     Regional Center, the Secretary may, subject to 
     appropriations--
       ``(1) employ a Director, a Deputy Director, and as many 
     civilians as professors, instructors, and lecturers as the 
     Secretary considers necessary; and
       ``(2) prescribe the compensation of such persons, in 
     accordance with Federal guidelines.
       ``(f) Payment of Costs.--(1) Participation in activities of 
     a Regional Center shall be on a reimbursable basis (or by 
     payment in advance), except in a case in which reimbursement 
     is waived in accordance with paragraph (3).
       ``(2) For a foreign national participant, payment of costs 
     may be made by the participant's own government, by a 
     Department or agency of the United States other than the 
     Department of Defense, or by a gift or donation on behalf of 
     one or more Regional Centers accepted under section 2611 of 
     this title on behalf of the participant's government.
       ``(3) The Secretary of Defense may waive reimbursement of 
     the costs of activities of the Regional Centers for foreign 
     military officers and foreign defense civilian officials from 
     a developing country if the Secretary determines that 
     attendance of such personnel without reimbursement is in the 
     national security interest of the United States. Costs for 
     which reimbursement is waived pursuant to this paragraph 
     shall be paid from appropriations available to the Regional 
     Centers.
       ``(4) Funds accepted for the payment of costs shall be 
     credited to the appropriation then currently available to the 
     Department of Defense for the Regional Center that incurred 
     the costs. Funds so credited shall be merged with the 
     appropriation to which credited and shall be available to 
     that Regional Center for the same purposes and same period as 
     the appropriation with which merged.
       ``(5) Funds available for the payment of personnel expenses 
     under the Latin American cooperation authority set forth in 
     section 1050 of this title are also available for the costs 
     of the operation of the Center for Hemispheric Defense 
     Studies.
       ``(g) Support to Other Agencies.--The Director of a 
     Regional Center may enter into agreements with the 
     Secretaries of the military departments, the heads of the 
     Defense Agencies, and, with the concurrence of the Secretary 
     of Defense, the heads of other Federal departments and 
     agencies for the provision of services by that Regional 
     Center under this section. Any such participating department 
     and agency shall transfer to the Regional Center funds to pay 
     the full costs of the services received.
       ``(h) Annual Report.--Not later than February 1 of each 
     year, the Secretary of Defense shall submit to the Committee 
     on Armed Services of the Senate and the Committee on Armed 
     Services of the House of Representatives a report on the 
     operation of the Regional Centers for security studies during 
     the preceding fiscal year. The annual report shall include, 
     for each Regional Center, the following information:
       ``(1) The status and objectives of the center.
       ``(2) The budget of the center, including the costs of 
     operating the center.
       ``(3) A description of the extent of the international 
     participation in the programs of the center, including the 
     costs incurred by the United States for the participation of 
     each foreign nation.
       ``(4) A description of the foreign gifts and donations, if 
     any, accepted under section 2611 of this title. ''.
       (2) Clerical amendment.--The item relating to such section 
     in the table of sections at the beginning of chapter 7 of 
     such title is amended to read as follows:

``184. Regional Centers for Security Studies.''.

       (b) Standardization of Authority for Acceptance of Gifts 
     and Donations.--
       (1) In general.--Section 2611 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 2611. Regional Centers for Security Studies: 
       acceptance of gifts and donations

       ``(a) Authority to Accept Gifts and Donations.--Subject to 
     subsection (c), the Secretary of Defense may accept, on 
     behalf of one or more of the Regional Centers for Security 
     Studies, a gift or donation from any source in order to 
     defray the costs of, or enhance the operation of, one or more 
     of the Regional Centers.
       ``(b) Regional Centers.--For purposes of this section, the 
     Regional Centers for Security Studies are the Department of 
     Defense institutions specified in section 184(b) of this 
     title.
       ``(c) Limitation.--(1) The Secretary may not accept a gift 
     or donation under subsection (a) if the acceptance of the 
     gift or donation would compromise or appear to compromise--
       ``(A) the ability of the Department of Defense, or any 
     employee of the Department or member of the armed forces, to 
     carry out the responsibility or duty of the Department in a 
     fair and objective manner; or
       ``(B) the integrity of any program of the Department of 
     Defense or any person involved in such a program.
       ``(2) The Secretary shall prescribe written guidance 
     setting forth the criteria to be used in determining whether 
     the acceptance of a gift or donation would have a result 
     described in paragraph (1).
       ``(d) Crediting of Funds.--Funds accepted by the Secretary 
     under subsection (a) shall be credited to appropriations 
     available to the Department of Defense for the Regional 
     Centers. Funds so credited shall be merged with the 
     appropriations to which credited and shall be available for 
     the Regional Centers for the same purposes and the same 
     period as the appropriations with which merged.
       ``(e) Gifts and Donations Defined.--For purposes of this 
     section--
       ``(1) a foreign gift or donation is a gift or donation of 
     funds, materials (including research materials), property, or 
     services (including lecture services and faculty services) 
     from a foreign government, a foundation or other charitable 
     organization in a foreign country, or an individual in a 
     foreign country; and
       ``(2) the term `gift' includes a devise of real property or 
     a bequest of personal property and any gift of an interest in 
     real property. ''.
       (2) Clerical amendment.--The item relating to section 2611 
     in the table of sections at the beginning of chapter 155 of 
     such title is amended to read as follows:

``2611. Regional Centers for Security Studies: acceptance of foreign 
              gifts and donations.''.

       (c) Conforming Amendments.--
       (1) Marshall center general authority.--Section 1306 of the 
     National Defense Authorization Act for Fiscal Year 1995 
     (Public Law 103-337; 108 Stat. 2892) is repealed.

[[Page 11266]]

       (2) Marshall center gift authority.--Section 1065 of the 
     National Defense Authorization Act for Fiscal Year 1997 (10 
     U.S.C. 113) is amended--
       (A) by striking subsections (a) and (b);
       (B) by redesignating subsection (c) as subsection (a); and
       (C) by redesignating paragraph (3) of such subsection as 
     subsection (b) and inserting ``Certain Non-citizens 
     Authorized to Serve on Board.--'' before ``Notwithstanding''.
       (3) Employment and compensation authority for civilian 
     faculty.--Section 1595 of title 10, United States Code, is 
     amended--
       (A) in subsection (c)--
       (i) by striking paragraphs (3) and (5); and
       (ii) by redesignating paragraphs (4) and (6) as paragraphs 
     (3) and (4), respectively; and
       (B) by striking subsection (e).
       (4) Status of center for hemispheric defense studies.--
     Section 2165 of title 10, United States Code, is amended--
       (A) in subsection (b)--
       (i) by striking paragraph (6); and
       (ii) by redesignating paragraph (7) as paragraph (6); and
       (B) by striking subsection (c).

     SEC. 904. REDESIGNATION OF THE DEPARTMENT OF THE NAVY AS THE 
                   DEPARTMENT OF THE NAVY AND MARINE CORPS.

       (a) Redesignation of Military Department.--The military 
     department designated as the Department of the Navy is 
     redesignated as the Department of the Navy and Marine Corps.
       (b) Redesignation of Secretary and Other Statutory 
     Offices.--
       (1) Secretary.--The position of the Secretary of the Navy 
     is redesignated as the Secretary of the Navy and Marine 
     Corps.
       (2) Other statutory offices.--The positions of the Under 
     Secretary of the Navy, the four Assistant Secretaries of the 
     Navy, and the General Counsel of the Department of the Navy 
     are redesignated as the Under Secretary of the Navy and 
     Marine Corps, the Assistant Secretaries of the Navy and 
     Marine Corps, and the General Counsel of the Department of 
     the Navy and Marine Corps, respectively.
       (c) Conforming Amendments to Title 10, United States 
     Code.--
       (1) Definition of ``military department''.--Paragraph (8) 
     of section 101(a) of title 10, United States Code, is amended 
     to read as follows:
       ``(8) The term `military department' means the Department 
     of the Army, the Department of the Navy and Marine Corps, and 
     the Department of the Air Force.''.
       (2) Organization of department.--The text of section 5011 
     of such title is amended to read as follows: ``The Department 
     of the Navy and Marine Corps is separately organized under 
     the Secretary of the Navy and Marine Corps.''.
       (3) Position of secretary.--Section 5013(a)(1) of such 
     title is amended by striking ``There is a Secretary of the 
     Navy'' and inserting ``There is a Secretary of the Navy and 
     Marine Corps''.
       (4) Chapter headings.--
       (A) The heading of chapter 503 of such title is amended to 
     read as follows:

       ``CHAPTER 503--DEPARTMENT OF THE NAVY AND MARINE CORPS''.

       (B) The heading of chapter 507 of such title is amended to 
     read as follows:

  ``CHAPTER 507--COMPOSITION OF THE DEPARTMENT OF THE NAVY AND MARINE 
                                CORPS''.

       (5) Other amendments.--
       (A) Title 10, United States Code, is amended by striking 
     ``Department of the Navy'' and ``Secretary of the Navy'' each 
     place they appear other than as specified in paragraphs (1), 
     (2), (3), and (4) (including in section headings, subsection 
     captions, tables of chapters, and tables of sections) and 
     inserting ``Department of the Navy and Marine Corps'' and 
     ``Secretary of the Navy and Marine Corps'', respectively, in 
     each case with the matter inserted to be in the same typeface 
     and typestyle as the matter stricken.
       (B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2), 
     5032(a), and 5042(a) of such title are amended by striking 
     ``Assistant Secretaries of the Navy'' and inserting 
     ``Assistant Secretaries of the Navy and Marine Corps''.
       (ii) The heading of section 5016 of such title, and the 
     item relating to such section in the table of sections at the 
     beginning of chapter 503 of such title, are each amended by 
     inserting ``and Marine Corps'' after ``of the Navy'', with 
     the matter inserted in each case to be in the same typeface 
     and typestyle as the matter amended.
       (d) Title 37, United States Code.--Title 37, United States 
     Code, is amended by striking ``Department of the Navy'' and 
     ``Secretary of the Navy'' each place they appear and 
     inserting ``Department of the Navy and Marine Corps'' and 
     ``Secretary of the Navy and Marine Corps'', respectively.
       (e) Other References.--Any reference in any law other than 
     in title 10 or title 37, United States Code, or in any 
     regulation, document, record, or other paper of the United 
     States, to the Department of the Navy shall be considered to 
     be a reference to the Department of the Navy and Marine 
     Corps. Any such reference to an office specified in 
     subsection (b)(2) shall be considered to be a reference to 
     that office as redesignated by that subsection.
       (f) Effective Date.--This section and the amendments made 
     by this section shall take effect on the first day of the 
     first month beginning more than 60 days after the date of the 
     enactment of this Act.

                      Subtitle B--Space Activities

     SEC. 911. SPACE SITUATIONAL AWARENESS STRATEGY.

       (a) Findings.--The Congress finds that--
       (1) the Department of Defense has the responsibility, 
     within the executive branch, for developing the strategy and 
     the systems of the United States for ensuring freedom to 
     operate United States space assets affecting national 
     security; and
       (2) the foundation of any credible strategy for ensuring 
     freedom to operate United States space assets is a 
     comprehensive system for space situational awareness.
       (b) Space Situational Awareness Strategy.--
       (1) Requirement.--The Secretary of Defense shall develop a 
     strategy, to be known as the ``Space Situational Awareness 
     Strategy'', for ensuring freedom to operate United States 
     space assets affecting national security. The Secretary shall 
     submit that strategy to Congress not later than April 15, 
     2006. The Secretary shall submit to Congress an updated, 
     current version of the Space Situational Awareness Strategy 
     not later than April 15 of every even-numbered year 
     thereafter.
       (2) Time period.--The Space Situational Awareness Strategy 
     shall cover the 20-year period from 2006 through 2025.
       (3) Matters to be included.--The Space Situational 
     Awareness Strategy shall include the following (set forth for 
     the 20-year period specified in paragraph (2) and separately 
     for each successive five-year period beginning with 2006):
       (A) A threat assessment describing the perceived threats to 
     United States space assets affecting national security.
       (B) Details for a coherent and comprehensive strategy for 
     the United States for space situational awareness, together 
     with a description of the systems architecture to implement 
     that strategy in light of the threat assessment under 
     subparagraph (A).
       (C) A description of each of the individual program 
     concepts that will make up the systems architecture described 
     pursuant to subparagraph (B) and, for each such program 
     concept, a description of the specific capabilities to be 
     achieved and the threats to be abated.
       (c) Space Situational Awareness Capabilities Roadmap.--
       (1) Requirement.--The Secretary of the Air Force shall 
     develop a roadmap, to be known as the ``space situational 
     awareness capabilities roadmap'', for the development of the 
     systems architecture described pursuant to subsection 
     (b)(3)(B).
       (2) Matters to be included.-- The space situational 
     awareness capabilities roadmap shall include--
       (A) capabilities of all systems deployed as of mid-2005 or 
     planned for modernization or acquisition from 2006 to 2015; 
     and
       (B) a description of recommended solutions for inadequacies 
     in the architecture to address threats identified under 
     subsection (b)(3)(A).

     SEC. 912. MILITARY SATELLITE COMMUNICATIONS.

       (a) Findings.--Congress finds the following:
       (1) Military requirements for satellite communications 
     exceed the capability of on-orbit assets as of mid-2005.
       (2) To meet future military requirements for satellite 
     communications, the Secretary of the Air Force has initiated 
     a highly complex and revolutionary program called the 
     Transformational Satellite Communications System (TSAT).
       (3) If the program referred to in paragraph (2) experiences 
     setbacks that prolong the development and deployment of the 
     capability to be provided by that program, the Secretary of 
     the Air Force must be prepared to implement contingency 
     programs to achieve interim improvements in the capabilities 
     of satellite communications to meet military requirements 
     through upgrades to current systems.
       (b) Development of Options.--In order to prepare for the 
     contingency referred to in subsection (a)(3), the Director of 
     the National Security Space Office of the Department of 
     Defense shall provide for an assessment, to be conducted by 
     an entity outside the Department of Defense, to develop and 
     compare options for individual acquisition, and block 
     acquisition, of the Advanced Extremely High Frequency space 
     vehicles numbered 4 and 5, in conjunction with modifications 
     to the current Wideband Gapfiller System program, that will 
     accomplish the following:
       (1) Minimize nonrecurring costs.
       (2) Improve communications-on-the-move capabilities.
       (3) Increase net centricity for communications.
       (4) Increase satellite throughput.
       (5) Increase user connectivity.
       (6) Improve airborne communications support.
       (c) Analysis of Alternatives Report.--Not later than 
     February 28, 2006, the Director of the National Security 
     Space Office shall submit to Congress a report providing an 
     analysis of alternatives with respect to the options 
     developed pursuant to subsection (b). The analysis of 
     alternatives shall be prepared taking into consideration the 
     findings and recommendations of the independent assessment 
     conducted under subsection (b).

     SEC. 913. OPERATIONALLY RESPONSIVE SPACE.

       (a) Joint Operationally Responsive Space Payload Technology 
     Organization.--
       (1) In general.--The Secretary of Defense shall establish 
     or designate an organization in the Department of Defense to 
     coordinate joint operationally responsive space payload 
     technology.
       (2) Master plan.--The organization established or 
     designated under paragraph (1) shall

[[Page 11267]]

     produce an annual master plan for coordination of 
     operationally responsive space payload technology and shall 
     coordinate resources provided to stimulate technical 
     development of small satellite payloads. The annual master 
     plan shall describe focus areas for development of 
     operationally responsive space payload technology, 
     including--
       (A) miniaturization technology for satellite payloads;
       (B) increased sensor acuity;
       (C) concept of operations exploration;
       (D) increased processor capability; and
       (E) such additional matters as the head of that 
     organization determines appropriate.
       (3) Requests for proposals.--The Secretary of Defense, 
     acting through the Director of the Office of Force 
     Transformation, shall award contracts, from amounts available 
     for that purpose for any fiscal year, for technology projects 
     that support the focus areas set out in the master plan for 
     development of operationally responsive space payload 
     technology.
       (4) Assessment factors.--In assessing any proposal 
     submitted for a contract under paragraph (3), the Secretary 
     shall consider --
       (A) how the proposal correlates to the goals articulated in 
     the master plan under paragraph (2) and to the National 
     Security Space Architecture; and
       (B) the probability, for the project for which the proposal 
     is submitted, of eventual transition either to a laboratory 
     of one of the military departments for continued development 
     or to a joint program office for operational deployment.
       (b) Report on Joint Program Office for TACSAT.--Not later 
     than February 28, 2006, the Secretary of Defense shall submit 
     to the congressional defense committees a report providing a 
     plan for the creation of a joint program office for the 
     Tactical Satellite program and for transition of that program 
     out of the Office of Force Transformation and to the 
     administration of the joint program office. The report shall 
     be prepared in conjunction with the Department of Defense 
     executive agent for space.
       (c) Joint Report on Certain Space and Missile Defense 
     Activities.--Not later than February 28, 2006, the Department 
     of Defense executive agent for space and the Director of the 
     Missile Defense Agency shall submit to the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives a joint report on the value of 
     each of the following:
       (1) Increased use of the Rocket Systems Launch Program for 
     the respective missions of the Department of the Air Force 
     and the Missile Defense Agency.
       (2) An agreement between the Director of the Missile 
     Defense Agency and the Secretary of the Air Force for 
     eventual transition of operational control of small satellite 
     demonstrations from the Missile Defense Agency to the 
     Department of the Air Force.
       (3) A partnership between the Missile Defense Agency and 
     the Department of the Air Force in the development of common 
     high-altitude and near-space assets for the respective 
     missions of the Missile Defense Agency and the Department of 
     the Air Force.

             Subtitle C--Chemical Demilitarization Program

     SEC. 921. TRANSFER TO SECRETARY OF THE ARMY OF RESPONSIBILITY 
                   FOR ASSEMBLED CHEMICAL WEAPONS ALTERNATIVES 
                   PROGRAM.

       Effective January 1, 2006, the text of section 142 of the 
     Strom Thurmond National Defense Authorization Act for Fiscal 
     Year 1999 (Public Law 105-261; 50 U.S.C. 1521 note) is 
     amended to read as follows:
       ``(a) Program Management.--(1) The program manager for the 
     Assembled Chemical Weapons Alternatives program shall report 
     to the Secretary of the Army.
       ``(2) The Secretary of the Army shall provide for that 
     program to be managed as part of the management organization 
     within the Department of the Army specified in section 
     1412(e) of Public Law 99-145 (50 U.S.C. 1521(e)).
       ``(b) Continued Implementation of Previously Selected 
     Alternative Technologies.--(1) In carrying out the 
     destruction of lethal chemical munitions at Pueblo Chemical 
     Depot, Colorado, the Secretary of the Army shall continue to 
     implement fully the alternative technology for such 
     destruction at that depot selected by the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics on July 
     16, 2002.
       ``(2) In carrying out the destruction of lethal chemical 
     munitions at Blue Grass Army Depot, Kentucky, the Secretary 
     of the Army shall continue to implement fully the alternative 
     technology for such destruction at that depot selected by the 
     Under Secretary of Defense for Acquisition, Technology, and 
     Logistics on February 3, 2003.''.

     SEC. 922. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY 
                   UNDER CHEMICAL DEMILITARIZATION PROGRAM.

       (a) Agreements With Federally Recognized Indian Tribal 
     Governments.--Section 1412(c)(4) of the Department of Defense 
     Authorization Act, 1986 (50 U.S.C 1521(c)(4)) is amended--
       (1) by inserting ``(A)'' after ``(4)'';
       (2) in the first sentence--
       (A) by inserting ``and to tribal organizations of Indian 
     tribes'' after ``to State and local governments''; and
       (B) by inserting ``and organizations'' after ``assist those 
     governments''
       (3) by designating the text beginning ``Additionally, the 
     Secretary '' as subparagraph (B);
       (4) in the first sentence of subparagraph (B), as 
     designated by paragraph (2), by inserting ``, and with tribal 
     organizations of Indian tribes,'' after ``with State and 
     local governments''; and
       (5) by adding at the end the following new subparagraph:
       ``(C) In this subparagraph, the terms `tribal organization' 
     and `Indian tribes' have the meanings given those terms in 
     subsections (e) and (l), respectively, of section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450b).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as of December 5, 1991, and shall apply 
     with respect to cooperative agreements entered into on or 
     after that date.

                Subtitle D--Intelligence-Related Matters

     SEC. 931. DEPARTMENT OF DEFENSE STRATEGY FOR OPEN-SOURCE 
                   INTELLIGENCE.

       (a) Findings.--Congress makes the following findings:
       (1) Open-source intelligence (OSINT) is intelligence that 
     is produced from publicly available information collected, 
     exploited, and disseminated in a timely manner to an 
     appropriate audience for the purpose of addressing a specific 
     intelligence requirement.
       (2) With the Information Revolution, the amount, 
     significance, and accessibility of open-source information 
     has exploded, but the Intelligence Community has not expanded 
     its exploitation efforts and systems to produce open-source 
     intelligence.
       (3) The production of open-source intelligence is a 
     valuable intelligence discipline that must be integrated in 
     the intelligence cycle to ensure that United States 
     policymakers are fully and completely informed.
       (4) The dissemination and use of validated open-source 
     intelligence inherently enables information sharing as it is 
     produced without the use of sensitive sources and methods. 
     Open-source intelligence products can be shared with the 
     American public and foreign allies because of its 
     unclassified nature.
       (5) The National Commission on Terrorist Attacks Upon the 
     United States, in its Final Report released on July 22, 2004, 
     identified shortfalls in the ability of the United States to 
     employ all-source intelligence, a large component of which is 
     open-source intelligence.
       (6) The Intelligence Reform and Terrorism Prevention Act of 
     2004 (Public Law 108-458) advocates for coordination of the 
     collection, analysis, production, and dissemination of open-
     source intelligence.
       (7) The Commission on the Intelligence Capabilities of the 
     United States Regarding Weapons of Mass Destruction, in its 
     report to the President released on March 31, 2005, found 
     ``that the need for exploiting open-source material is 
     greater now than ever before,'' but that ``the Intelligence 
     Community's open source programs have not expanded 
     commensurate with either the increase in available 
     information or with the growing importance of open source 
     data to today's problems''.
       (b) Strategy for Open-Source Intelligence.--
       (1) Development of strategy.--The Secretary of Defense 
     shall develop a strategy, to be known as the ``Strategy for 
     Open-Source Intelligence'', to be incorporated within the 
     larger military intelligence strategy, for the purpose of 
     integrating open-source intelligence into the military 
     intelligence cycle.
       (2) Submission.--The Secretary shall submit the Strategy 
     for Open-Source Intelligence to Congress not later than 
     January 31, 2006.
       (3) Matters to be included.--The Strategy for Open-Source 
     Intelligence shall include the following:
       (A) An investment strategy for the development of a robust 
     open-source intelligence capability, with particular emphasis 
     on exploitation and dissemination.
       (B) A description of how management of open-source 
     intelligence collection is currently performed at the 
     Department level and how it can be improved in the future.
       (C) A description of the tools, systems, centers, 
     personnel, and procedures that will be used to perform open-
     source intelligence tasking, collection, exploitation, and 
     dissemination.
       (D) A description of proven tradecraft for effective open-
     source intelligence exploitation, to include consideration of 
     operational security.
       (E) A detailed description on how open-source intelligence 
     will be fused with all other intelligence sources across the 
     Department of Defense.
       (F) A description of open-source intelligence training plan 
     and guidance for Department of Defense and service 
     intelligence personnel.
       (G) A plan to incorporate the open-source intelligence 
     oversight function into the Office of the Undersecretary of 
     Defense for Intelligence and into service intelligence 
     organizations.
       (H) A plan to incorporate and identify an open-source 
     intelligence specialty into Department and service personnel 
     systems.
       (I) A plan to use reserve component intelligence personnel 
     to augment and support the open-source intelligence mission.
       (J) A plan for the use of the Open-Source Information 
     System for the purpose of exploitation and dissemination.

     SEC. 932. COMPREHENSIVE INVENTORY OF DEPARTMENT OF DEFENSE 
                   INTELLIGENCE AND INTELLIGENCE-RELATED PROGRAMS 
                   AND PROJECTS.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional committees specified in subsection (b) a 
     report

[[Page 11268]]

     providing a comprehensive inventory of Department of Defense 
     intelligence and intelligence-related programs and projects. 
     The Secretary shall prepare the inventory in consultation 
     with the Director of National Intelligence, as appropriate.
       (b) Committees.--The congressional committees referred to 
     in subsection (a) are the following:
       (1) The Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate.
       (2) The Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.

                      TITLE X--GENERAL PROVISIONS

                     Subtitle A--Financial matters

1001. Transfer authority.
1002. Authorization of supplemental appropriations for fiscal year 
              2005.
1003. Increase in fiscal year 2005 general transfer authority.
1004. Reports on feasibility and desirability of capital budgeting for 
              major defense acquisition programs.

                Subtitle B--Naval Vessels and Shipyards

1011. Conveyance, Navy drydock, Seattle, Washington.
1012. Conveyance, Navy drydock, Jacksonville, Florida.
1013. Conveyance, Navy drydock, Port Arthur, Texas.
1014. Transfer of U.S.S. IOWA.
1015. Transfer of ex-U.S.S. Forrest Sherman.
1016. Limitation on leasing of foreign-built vessels.

                  Subtitle C--Counter-Drug Activities

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

            Subtitle D--Matters Related to Homeland Security

1031. Responsibilities of Assistant Secretary of Defense for Homeland 
              Defense relating to nuclear, chemical, and biological 
              emergency response.
1032. Testing of preparedness for emergencies involving nuclear, 
              radiological, chemical, biological, and high-yield 
              explosives weapons.
1033. Department of Defense chemical, biological, radiological, 
              nuclear, and high-yield explosives response teams.
1034. Repeal of Department of Defense emergency response assistance 
              program.

                       Subtitle E--Other Matters

1041. Commission on the Long-Term Implementation of the New Strategic 
              Posture of the United States.
1042. Reestablishment of EMP Commission.
1043. Modernization of authority relating to security of defense 
              property and facilities.
1044. Revision of Department of Defense counterintelligence polygraph 
              program.
       1045. Repeal of requirement for report to Congress 
           regarding global strike capability.
       1046. Technical and clerical amendments.
       1047. Deletion of obsolete definitions in titles 10 and 32, 
           United States Code.

                     Subtitle A--Financial Matters

     SEC. 1001. TRANSFER AUTHORITY.

       (a) Authority to Transfer Authorizations.--
       (1) Authority.--Upon determination by the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may transfer amounts of 
     authorizations made available to the Department of Defense in 
     this division for fiscal year 2006 between any such 
     authorizations for that fiscal year (or any subdivisions 
     thereof). Amounts of authorizations so transferred shall be 
     merged with and be available for the same purposes as the 
     authorization to which transferred.
       (2) Limitation.--The total amount of authorizations that 
     the Secretary may transfer under the authority of this 
     section may not exceed $4,000,000,000.
       (b) Limitations.--The authority provided by this section to 
     transfer authorizations--
       (1) may only be used to provide authority for items that 
     have a higher priority than the items from which authority is 
     transferred; and
       (2) may not be used to provide authority for an item that 
     has been denied authorization by Congress.
       (c) Effect on Authorization Amounts.--A transfer made from 
     one account to another under the authority of this section 
     shall be deemed to increase the amount authorized for the 
     account to which the amount is transferred by an amount equal 
     to the amount transferred.
       (d) Notice to Congress.--The Secretary shall promptly 
     notify Congress of each transfer made under subsection (a).

     SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS FOR 
                   FISCAL YEAR 2005.

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

     SEC. 1003. INCREASE IN FISCAL YEAR 2005 GENERAL TRANSFER 
                   AUTHORITY.

       Section 1001(a)(2) of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (Public Law 108-375; 
     118 Stat. 2037) is amended by striking ``$3,500,000,000'' and 
     inserting ``$6,185,000,000''.

     SEC. 1004. REPORTS ON FEASIBILITY AND DESIRABILITY OF CAPITAL 
                   BUDGETING FOR MAJOR DEFENSE ACQUISITION 
                   PROGRAMS.

       (a) Capital Budgeting Defined.--For the purposes of this 
     section, the term ``capital budgeting'' means a budget 
     process that--
       (1) identifies large capital outlays that are expected to 
     be made in future years, together with identification of the 
     proposed means to finance those outlays and the expected 
     benefits of those outlays;
       (2) separately identifies revenues and outlays for capital 
     assets from revenues and outlays for an operating budget;
       (3) allows for the issue of long-term debt to finance 
     capital investments; and
       (4) provides the budget authority for acquiring a capital 
     asset over several fiscal years (rather than in a single 
     fiscal year at the beginning of such acquisition).
       (b) Reports Required.--Not later than July 1, 2006, the 
     Secretary of Defense and the Secretary of each military 
     department shall each submit to Congress a report analyzing 
     the feasibility and desirability of using a capital budgeting 
     system for the financing of major defense acquisition 
     programs. Each such report shall address the following 
     matters:
       (1) The potential long-term effect on the defense 
     industrial base of the United States of continuing with the 
     current full up-front funding system for major defense 
     acquisition programs.
       (2) Whether use of a capital budgeting system could create 
     a more effective decisionmaking process for long-term 
     investments in major defense acquisition programs.
       (3) The manner in which a capital budgeting system for 
     major defense acquisition programs would affect the budget 
     planning and formulation process of the military departments.
       (4) The types of financial mechanisms that would be needed 
     to provide funds for such a capital budgeting system.

                Subtitle B--Naval Vessels and Shipyards

     SEC. 1011. CONVEYANCE, NAVY DRYDOCK, SEATTLE, WASHINGTON.

       (a) Conveyance Authorized.--The Secretary of the Navy is 
     authorized to sell the yard floating drydock YFD-70, located 
     in Seattle, Washington, to Todd Pacific Shipyards 
     Corporation, that company being the current user of the 
     drydock.
       (b) Condition of Conveyance.--The Secretary shall require 
     as a condition of the conveyance under subsection (a) that 
     the drydock remain at the facilities of Todd Pacific 
     Shipyards Corporation until at least September 30, 2010.
       (c) Consideration.--As consideration for the conveyance of 
     the drydock under subsection (a), the purchaser shall pay to 
     the United States an amount equal to the fair market value of 
     the drydock, as determined by the Secretary.
       (d) Transfers at No Cost to United States.--The provisions 
     of section 7306(c) of title 10, United States Code, shall 
     apply to the conveyance under this section.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 1012. CONVEYANCE, NAVY DRYDOCK, JACKSONVILLE, FLORIDA.

       (a) Conveyance Authorized.--The Secretary of the Navy is 
     authorized to sell the medium auxiliary floating drydock 
     SUSTAIN (AFDM-7), located in Duval County, Florida, to 
     Atlantic Marine Property Holding Company, that company being 
     the current user of the drydock.
       (b) Condition of Conveyance.--The Secretary shall require 
     as a condition of the conveyance under subsection (a) that 
     the drydock remain at the facilities of Atlantic Marine 
     Property Holding Company until at least September 30, 2010.
       (c) Consideration.--As consideration for the conveyance of 
     the drydock under subsection (a), the purchaser shall pay to 
     the United States an amount equal to the fair market value of 
     the drydock, as determined by the Secretary.
       (d) Transfers at No Cost to United States.--The provisions 
     of section 7306(c) of title 10, United States Code, shall 
     apply to the conveyance under this section.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 1013. CONVEYANCE, NAVY DRYDOCK, PORT ARTHUR, TEXAS.

       (a) Conveyance Authorized.--The Secretary of the Navy is 
     authorized to convey, without consideration, to the port 
     authority of the city of Port Arthur, Texas, the inactive 
     medium auxiliary floating drydock designated as AFDM-2,

[[Page 11269]]

     currently administered through the National Defense Reserve 
     Fleet.
       (b) Condition of Conveyance.--The Secretary shall require 
     as a condition of the conveyance under subsection (a) that 
     the drydock remain at the facilities of the port authority 
     named in subsection (a).
       (c) Transfers at No Cost to United States.--The provisions 
     of section 7306(c) of title 10, United States Code, shall 
     apply to the conveyance under this section.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

     SEC. 1014. TRANSFER OF U.S.S. IOWA.

       (a) Waiver of Requirement for Continued Listing on Naval 
     Vessel Register.--The provisions of the following laws do not 
     apply with respect to the U.S.S. IOWA (BB-61):
       (1) Section 1011 of the National Defense Authorization Act 
     for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 421).
       (2) Section 1011 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     112 Stat. 2118).
       (b) Transfer.--The Secretary of the Navy shall--
       (1) strike the U.S.S. IOWA (BB-61) from the Naval Vessel 
     Register; and
       (2) subject to the submission of a donation application for 
     that vessel that is satisfactory to the Secretary, transfer 
     that vessel to the Port of Stockton, California, subject to 
     subsections (b) and (c) of section 7306 of title 10, United 
     States Code.

     SEC. 1015. TRANSFER OF EX-U.S.S. FORREST SHERMAN.

       (a) Transfer.--The Secretary of the Navy shall transfer the 
     decommissioned destroyer ex-U.S.S. Forrest Sherman (DD-931) 
     to the USS Forrest Sherman DD-931 Foundation, Inc., a 
     nonprofit organization under the laws of the State of 
     Maryland, subject to the submission of a donation application 
     for that vessel that is satisfactory to the Secretary.
       (b) Applicable Law.--The transfer under this section is 
     subject to subsections (b) and (c) of section 7306 of title 
     10, United States Code. Subsection (d) of that section is 
     hereby waived with respect to such transfer.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the transfer under subsection (a) as the Secretary 
     considers appropriate.
       (d) Expiration of Authority.--The authority granted by 
     subsection (a) shall expire at the end of the five-year 
     period beginning on the date of the enactment of this Act.

     SEC. 1016. LIMITATION ON LEASING OF FOREIGN-BUILT VESSELS.

       (a) In General.--
       (1) Contracts for leases for more than 24 months.--Chapter 
     141 of title 10, United States Code, is amended by inserting 
     after section 2401a the following new section:

     ``Sec. 2401b. Limitation on lease of foreign-built vessels

       ``(a) Limitation.--The Secretary of a military department 
     may not make a contract for a lease or charter of a vessel 
     for a term of more than 24 months (including all options to 
     renew or extend the contract) if the hull, or a component of 
     the hull and superstructure of the vessel, is constructed in 
     a foreign shipyard.
       ``(b) Presidential Waiver for National Security Interest.--
     (1) The President may authorize exceptions to the limitation 
     in subsection (a) when the President determines that it is in 
     the national security interest of the United States to do so.
       ``(2) The President shall transmit notice to Congress of 
     any such determination, and no contract may be made pursuant 
     to the exception authorized until the end of the 30-day 
     period beginning on the date on which the notice of the 
     determination is received by Congress.''.(2) Clerical 
     amendment.--The table of sections at the beginning of such 
     chapter is amended by inserting after the item relating to 
     section 2401a the following new item:

``2401b. Limitation on lease of foreign-built vessels.''.

       (b) Effective Date.--Section 2401b of title 10, United 
     States Code, as added by subsection (a), shall apply with 
     respect to contracts entered into after the date of the 
     enactment of this Act.

                  Subtitle C--Counter-Drug Activities

     SEC. 1021. EXTENSION OF DEPARTMENT OF DEFENSE AUTHORITY TO 
                   SUPPORT COUNTER-DRUG ACTIVITIES.

       Section 1004(a) of the National Defense Authorization Act 
     for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 374 
     note), as amended by section 1021 of the National Defense 
     Authorization Act for Fiscal Year 2002 (Public Law 107-107; 
     115 Stat. 1212), is amended by striking ``2006'' and 
     inserting ``2011''.

     SEC. 1022. RESUMPTION OF REPORTING REQUIREMENT REGARDING 
                   DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT 
                   FOREIGN COUNTER-DRUG ACTIVITIES.

       (a) Additional Report Required.--Section 1022 of the Floyd 
     D. Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398; 114 Stat. 
     1654A-255), as amended by section 1022 of the National 
     Defense Authorization Act for Fiscal Year 2002 (Public Law 
     107-107; 115 Stat. 1215), is further amended by striking 
     ``January 1, 2001, and April 15, 2002,'' and inserting 
     ``April 15, 2006,''.
       (b) Additional Information Required.--Such section is 
     further amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) A description of each base of operation or training 
     facility established, constructed, or operated using the 
     assistance, including any minor construction projects carried 
     out using such assistance, and the amount of assistance 
     expended on base of operations and training facilities.''.

     SEC. 1023. CLARIFICATION OF AUTHORITY FOR JOINT TASK FORCES 
                   TO SUPPORT LAW ENFORCEMENT AGENCIES CONDUCTING 
                   COUNTER-TERRORISM ACTIVITIES.

       Section 1022 of the National Defense Authorization Act for 
     Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1594) is 
     amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Availability of Funds.--Funds available to a joint 
     task force to support counter-drug activities may also be 
     used to provide the counter-terrorism support authorized by 
     subsection (a).''.

            Subtitle D--Matters Related to Homeland Security

     SEC. 1031. RESPONSIBILITIES OF ASSISTANT SECRETARY OF DEFENSE 
                   FOR HOMELAND DEFENSE RELATING TO NUCLEAR, 
                   CHEMICAL, AND BIOLOGICAL EMERGENCY RESPONSE.

        Subsection (a) of section 1413 of the Defense Against 
     Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2313) is 
     amended to read as follows:
       ``(a) Department of Defense.--The Assistant Secretary of 
     Defense for Homeland Defense is responsible for the 
     coordination of Department of Defense assistance to Federal, 
     State, and local officials in responding to threats involving 
     nuclear, radiological, biological, chemical weapons, or high-
     yield explosives or related materials or technologies, 
     including assistance in identifying, neutralizing, 
     dismantling, and disposing of nuclear, radiological, 
     biological, chemical weapons, and high-yield explosives and 
     related materials and technologies.''.
       

     SEC. 1032. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING 
                   NUCLEAR, RADIOLOGICAL, CHEMICAL, BIOLOGICAL, 
                   AND HIGH-YIELD EXPLOSIVES WEAPONS.

       (a) Secretary of Homeland Security Functions.--Subsection 
     (a) of section 1415 of the Defense Against Weapons of Mass 
     Destruction Act of 1996 (50 U.S.C. 2315) is amended--
       (1) in the subsection heading, by striking ``Chemical Or'' 
     and inserting ``Nuclear, Radiological, Chemical, Or'';
       (2) in paragraph (1)--
       (A) by striking ``Secretary of Defense'' and inserting 
     ``Secretary of Homeland Security''; and
       (B) by striking ``biological weapons and related materials 
     and emergencies involving '' and inserting ``nuclear, 
     radiological, biological, and'';
       (3) in paragraph (2), by striking ``during each of fiscal 
     years 1997 through 2013'' and inserting ``in accordance with 
     sections 102(c) and 430(c)(1) of the Homeland Security Act of 
     2002 (6 U.S.C. 112(c), 238(c)(1))''; and
       (4) in paragraph (3)--
       (A) by inserting ``the Secretary of Defense,'' before ``the 
     Director of the Federal Bureau of Investigation''; and
       (B) by striking ``the Director of the Federal Emergency 
     Management Agency,''.
       (b) Repeal of Secretary of Energy Functions.--Such section 
     is further amended by striking subsection (b).
       (c) Conforming Amendments.--Subsection (c) of such 
     section--
       (1) is redesignated as subsection (b); and
       (2) is amended--
       (A) in the first sentence, by striking ``The official 
     responsible for carrying out a program developed under 
     subsection (a) or (b) shall revise the program'' and 
     inserting ``The Secretary of Homeland Security shall revise 
     the program developed under subsection (a)''; and
       (B) in the second sentence, by striking ``the official'' 
     and inserting ``the Secretary''.
       (d) Repeal of Obsolete Provisions.--Such section is further 
     amended by striking subsections (d) and (e).

     SEC. 1033. DEPARTMENT OF DEFENSE CHEMICAL, BIOLOGICAL, 
                   RADIOLOGICAL, NUCLEAR, AND HIGH-YIELD 
                   EXPLOSIVES RESPONSE TEAMS.

       Section 1414 of the Defense Against Weapons of Mass 
     Destruction Act of 1996 (50 U.S.C. 2314) is amended as 
     follows:
       (1) The heading of such section is amended to read as 
     follows:

     ``SEC. 1414. CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, AND 
                   HIGH-YIELD EXPLOSIVES RESPONSE TEAM.''.

       (2) Subsection (a) of such section is amended by striking 
     ``or related materials'' and inserting ``radiological, 
     nuclear, and high-yield explosives''.
       (3) Subsection (b) of such section is amended--
       (A) in the subsection heading, by striking ``Plan'' and 
     inserting ``Plans'';
       (B) in the first sentence, by striking ``Not later than'' 
     and all that follows through ``response plans and'' and 
     inserting ``The Secretary of Homeland Security shall 
     incorporate into the National Response Plan prepared pursuant 
     to section 502(6) of the Homeland Security Act of

[[Page 11270]]

     2002 (6 U.S.C. 312(6)), other existing Federal emergency 
     response plans, and''; and
       (C) in the second sentence--
       (i) by striking ``Director'' and inserting ``Secretary of 
     Homeland Security''; and
       (ii) by striking ``consultation''and inserting 
     ``coordination''.

     SEC. 1034. REPEAL OF DEPARTMENT OF DEFENSE EMERGENCY RESPONSE 
                   ASSISTANCE PROGRAM.

       Section 1412 of the Defense Against Weapons of Mass 
     Destruction Act of 1996 (50 U.S.C. 2312) is repealed.

                       Subtitle E--Other Matters

     SEC. 1041. COMMISSION ON THE LONG-TERM IMPLEMENTATION OF THE 
                   NEW STRATEGIC POSTURE OF THE UNITED STATES.

       (a) Establishment of Commission.--
       (1) Establishment.--There is hereby established a 
     commission to be known as the ``Commission on the Long-Term 
     Implementation of the New Strategic Posture of the United 
     States''. The Secretary of Defense shall enter into a 
     contract with a federally funded research and development 
     center to provide for the organization, management, and 
     support of the Commission. Such contract shall be entered 
     into in consultation with the Secretary of Energy. The 
     selection of the federally funded research and development 
     center shall be subject to the approval of the chairman of 
     the Commission.
       (2) Composition.--(A) The Commission shall be composed of 
     12 members who shall be appointed by the Secretary of 
     Defense. In selecting individuals for appointment to the 
     Commission, the Secretary of Defense shall consult with the 
     chairman and ranking minority member of the Committee on 
     Armed Services of the Senate and the chairman and ranking 
     minority member of the Committee on Armed Services of the 
     House of Representatives.
       (B) Members of the Commission shall be appointed from among 
     private United States citizens with knowledge and expertise 
     in the political, military, operational, and technical 
     aspects of nuclear strategy.
       (3) Chairman of the commission.--The Secretary of Defense 
     shall designate one of the members of the Commission to serve 
     as chairman of the Commission.
       (4) Period of appointment; vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall be filled in the same manner as the original 
     appointment.
       (5) Security clearances.--All members of the Commission 
     shall hold appropriate security clearances.
       (b) Duties of Commission.--
       (1) Review of long-term implementation of the nuclear 
     posture review.--The Commission shall examine long-term 
     programmatic requirements to achieve the goals set forth in 
     the report of the Secretary of Defense submitted to Congress 
     on December 31, 2001, providing the results of the Nuclear 
     Posture Review conducted pursuant to section 1041 of the 
     Floyd D. Spence National Defense Authorization Act for Fiscal 
     Year 2001 (as enacted into law by Public Law 106-398; 114 
     Stat. 1654, 1654A-262) and results of periodic assessments of 
     the Nuclear Posture Review. Matters examined by the 
     Commission shall include the following:
       (A) The process of establishing requirements for strategic 
     forces and how that process accommodates employment of 
     nonnuclear strike platforms and munitions in a strategic 
     role.
       (B) How strategic intelligence, reconnaissance, and 
     surveillance requirements differ from nuclear intelligence, 
     reconnaissance, and surveillance requirements.
       (C) The ability of a limited number of strategic platforms 
     to carry out a growing range of nonnuclear strategic strike 
     missions.
       (D) The limits of tactical systems to perform nonnuclear 
     global strategic missions in a prompt manner.
       (E) An assessment of the ability of the current nuclear 
     stockpile to address the evolving strategic threat 
     environment through 2025.
       (2) Recommendations.--The Commission shall include in its 
     report recommendations with respect to the following:
       (A) Changes to the requirements process to employ 
     nonnuclear strike platforms and munitions in a strategic 
     role.
       (B) Changes to the nuclear stockpile and infrastructure 
     required to preserve a nuclear capability commensurate with 
     the changes to the strategic threat environment through 2025.
       (C) Actions the Secretary of Defense and the Secretary of 
     Energy can take to preserve flexibility of the defense 
     nuclear complex while reducing the cost of a Cold War 
     strategic infrastructure.
       (D) Identify shortfalls in the strategic modernization 
     programs of the United States that would undermine the 
     ability of the United States to develop new nonnuclear 
     strategic strike capabilities.
       (3) Cooperation from government officials.--(A) In carrying 
     out its duties, the Commission shall receive the full and 
     timely cooperation of the Secretary of Defense, the Secretary 
     of Energy, and any other United States Government official in 
     providing the Commission with analyses, briefings, and other 
     information necessary for the fulfillment of its 
     responsibilities.
       (B) The Secretary of Energy and the Secretary of Defense 
     shall each designate at least one officer or employee of the 
     Department of Energy and the Department of Defense, 
     respectively, to serve as a liaison officer between the 
     department and the Commission.
       (c) Reports.--
       (1) Commission report.--The Commission shall submit to the 
     Secretary of Defense and the Committees on Armed Services of 
     the Senate and House of Representatives a report on the 
     Commission's findings and conclusions. Such report shall be 
     submitted not later that 28 months after the date of the 
     first meeting of the Commission.
       (2) Secretary of defense response.--Not later than one year 
     after the date on which the Commission submits its report 
     under paragraph (1), the Secretary of Defense shall submit to 
     Congress a report--
       (A) commenting on the Commission's findings and 
     conclusions; and
       (B) explaining what actions, if any, the Secretary intends 
     to take to implement the recommendations of the Commission 
     and, with respect to each such recommendation, the 
     Secretary's reasons for implementing, or not implementing, 
     the recommendation.
       (d) Hearings and Procedures.--
       (1) Hearings.--The Commission may, for the purpose of 
     carrying out the purposes of this section, hold hearings and 
     take testimony.
       (2) Procedures.--The federally funded research and 
     development center with which a contract is entered into 
     under subsection (a)(1) shall be responsible for establishing 
     appropriate procedures for the Commission.
       (3) Detail of government employees.--Upon request of the 
     chairman of the Commission, the head of any Federal 
     department or agency may detail, on a nonreimbursable basis, 
     personnel of that department or agency to the Commission to 
     assist it in carrying out its duties.
       (e) Funding.--Funds for activities of the Commission shall 
     be provided from amounts appropriated for the Department of 
     Defense.
       (f) Termination of Commission.--The Commission shall 
     terminate 60 days after the date of the submission of its 
     report under subsection (c)(1).
       (g) Implementation.--
       (1) FFRDC contract.--The Secretary of Defense shall enter 
     into the contract required under subsection (a)(1) not later 
     that 60 days after the date of the enactment of this Act.
       (2) First meeting.--The Commission shall convene its first 
     meeting not later than 60 days after the date as of which all 
     members of the Commission have been appointed.

     SEC. 1042. REESTABLISHMENT OF EMP COMMISSION.

       (a) Reestablishment.--The commission established pursuant 
     to title XIV of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by Public Law 106-398; 114 Stat. 1654A-345), known as the 
     Commission to Assess the Threat to the United States from 
     Electromagnetic Pulse Attack, is hereby reestablished.
       (b) Membership.--The Commission as reestablished shall have 
     the same membership as the Commission had as of the date of 
     the submission of the report of the Commission pursuant to 
     section 1403(a) of such Act, as in effect before the date of 
     the enactment of this Act. Service on the Commission is 
     voluntary, and Commissioners may elect to terminate their 
     service on the Commission.
       (c) Commission Charter Defined.--In this section, the term 
     ``Commission charter'' means title XIV of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted into law by Public Law 106-398; 114 Stat. 1654A-345 
     et seq.).
       (d) Establishment and Purpose.--Section 1401 of the 
     Commission charter (114 Stat. 1654A-345) is amended--
       (1) by striking subsections (e) and (g);
       (2) by redesignating subsections (b), (c), and (d) as 
     subsections (c), (d), and (e), respectively;
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Purpose.--The purpose of the Commission is to 
     monitor, investigate, make recommendations, and report to 
     Congress on the evolving threat to the United States from 
     electromagnetic pulse (hereinafter in this title referred to 
     as `EMP') attack resulting from the detonation of a nuclear 
     weapon or weapons at high altitude.'';
       (4) in subsection (c), as redesignated by paragraph (2), by 
     striking the second and third sentences and inserting ``In 
     the event of a vacancy in the membership of the Commission, 
     the Secretary of Defense shall appoint a new member.''; and
       (5) in subsection (d), as redesignated by paragraph (2), by 
     striking ``pulse (hereafter'' and all that follows and 
     inserting ``pulse effects referred to in subsection (b).''.
       (e) Duties of Commission.--Section 1402 of the Commission 
     charter (114 Stat. 1654A-346) is amended to read as follows:

     ``SEC. 1402. DUTIES OF COMMISSION.

       ``The Commission shall on an ongoing basis assess the 
     following:
       ``(1) The nature and magnitude of potential EMP threats to 
     the United States from terrorists and all other potentially 
     hostile actors.
       ``(2) The proliferation of technology relevant to the EMP 
     threat.
       ``(3) The vulnerability of electric-dependent military 
     systems and other electric-dependent systems in the United 
     States to an EMP attack, giving special attention to the 
     progress, or lack of progress, by the Department of Defense, 
     other Government departments and agencies of the United 
     States, and entities of the private sector in taking steps to 
     protect such systems from such an attack.''.
       (f) Report.--Section 1403 of the Commission charter (114 
     Stat. 1654A-345) is amended to read as follows:

     ``SEC. 1403. REPORTS.

       ``(a) Annual Report.--Not later than March 1 each year 
     (beginning in 2007 and ending three

[[Page 11271]]

     years later), the Commission shall submit to Congress an 
     annual report providing the Commission's current assessment 
     of the matters specified in section 1402.
       ``(b) Additional Reports.--The Commission may submit to 
     Congress additional reports at such other times as the 
     Commission considers appropriate.
       ``(c) Content of Reports.--Each annual report under 
     subsection (a) shall include recommendations for any steps 
     the Commission believes should be taken by the United States 
     to better protect systems referred to in section 1402(3) from 
     an EMP attack.''.
       (g) Clerical Amendment.--The heading for subsection (c) of 
     section 1405 of the Commission charter (114 Stat. 1654A-347) 
     is amended by striking ``Commission'' and inserting 
     ``Panels''.
       (h) Commission Personnel Matters.--Section 1406(c)(2) of 
     the Commission charter (114 Stat. 1654A-347) is amended by 
     striking ``for grade GS-15 of the General Schedule'' and 
     inserting ``for senior level and scientific or professional 
     positions''.
       (i) Funding.--Section 1408 of the Commission charter (114 
     Stat. 1654A-348) is amended--
       (1) by inserting ``for any fiscal year'' after ``activities 
     of the Commission''; and
       (2) by striking ``for fiscal year 2001'' and inserting 
     ``for that fiscal year''.
       (j) Termination of Commission.--Section 1409 of the 
     Commission charter (114 Stat. 1654A-348) is amended by 
     striking ``60 days'' and all that follows through ``section 
     1403(a)'' and inserting ``on May 1, 2010''.

     SEC. 1043. MODERNIZATION OF AUTHORITY RELATING TO SECURITY OF 
                   DEFENSE PROPERTY AND FACILITIES.

       Section 21 of the Internal Security Act of 1950 (50 U.S.C. 
     797) is amended to read as follows:


       ``Penalty for violation of security regulations and orders

       ``Sec. 21. (a) Misdemeanor Violation of Defense Property 
     Security Regulations.--
       ``(1) Misdemeanor.--Whoever willfully violates any defense 
     property security regulation shall be fined under title 18, 
     United States Code, or imprisoned not more than one year, or 
     both.
       ``(2) Defense property security regulation described.--For 
     purposes of paragraph (1), a defense property security 
     regulation is a property security regulation that, pursuant 
     to lawful authority--
       ``(A) shall be or has been promulgated or approved by the 
     Secretary of Defense (or by a military commander designated 
     by the Secretary of Defense or by a military officer, or a 
     civilian officer or employee of the Department of Defense, 
     holding a senior Department of Defense director position 
     designated by the Secretary of Defense) for the protection or 
     security of Department of Defense property; or
       ``(B) shall be or has been promulgated or approved by the 
     Administrator of the National Aeronautics and Space 
     Administration for the protection or security of NASA 
     property.
       ``(3) Property security regulation described.--For purposes 
     of paragraph (2), a property security regulation, with 
     respect to any property, is a regulation--
       ``(A) relating to fire hazards, fire protection, lighting, 
     machinery, guard service, disrepair, disuse, or other 
     unsatisfactory conditions on such property, or the ingress 
     thereto or egress or removal of persons therefrom; or
       ``(B) otherwise providing for safeguarding such property 
     against destruction, loss, or injury by accident or by enemy 
     action, sabotage, or other subversive actions.
       ``(4) Definitions.--In this subsection:
       ``(A) Department of defense property.--The term `Department 
     of Defense property' means covered property subject to the 
     jurisdiction, administration, or in the custody of the 
     Department of Defense, any Department or agency of which that 
     Department consists, or any officer or employee of that 
     Department or agency.
       ``(B) Nasa property.--The term `NASA property' means 
     covered property subject to the jurisdiction, administration, 
     or in the custody of the National Aeronautics and Space 
     Administration or any officer or employee thereof.
       ``(C) Covered property.--The term `covered property' means 
     aircraft, airports, airport facilities, vessels, harbors, 
     ports, piers, water-front facilities, bases, forts, posts, 
     laboratories, stations, vehicles, equipment, explosives, or 
     other property or places.
       ``(D) Regulation as including order.--The term `regulation' 
     includes an order.
       ``(b) Posting.--Any regulation or order covered by 
     subsection (a) shall be posted in conspicuous and appropriate 
     places.''.

     SEC. 1044. REVISION OF DEPARTMENT OF DEFENSE 
                   COUNTERINTELLIGENCE POLYGRAPH PROGRAM.

       (a) In General.--Section 1564a of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 1564a. Counterintelligence polygraph program

       ``(a) Authority for Program.--The Secretary of Defense may 
     carry out a program for the administration of 
     counterintelligence polygraph examinations to persons 
     described in subsection (b). The program shall be conducted 
     in accordance with the standards specified in subsection (e).
       ``(b) Persons Covered.--Except as provided in subsection 
     (d), the following persons, if their duties are described in 
     subsection (c), are subject to this section:
       ``(1) Military and civilian personnel of the Department of 
     Defense.
       ``(2) Personnel of defense contractors.
       ``(3) A person assigned or detailed to the Department of 
     Defense.
       ``(4) An applicant for a position in the Department of 
     Defense.
       ``(c) Covered Types of Duties.--The Secretary of Defense 
     may provide, under standards established by the Secretary, 
     that a person described in subsection (b) is subject to this 
     section if that person's duties involve--
       ``(1) access to information that--
       ``(A) has been classified at the level of top secret; or
       ``(B) is designated as being within a special access 
     program under section 4.4(a) of Executive Order 12958 (or a 
     successor Executive order); or
       ``(2) assistance in an intelligence or military mission in 
     a case in which the unauthorized disclosure or manipulation 
     of information, as determined under standards established by 
     the Secretary of Defense, could reasonably be expected to--
       ``(A) jeopardize human life or safety;
       ``(B) result in the loss of unique or uniquely productive 
     intelligence sources or methods vital to United States 
     security; or
       ``(C) compromise technologies, operational plans, or 
     security procedures vital to the strategic advantage of the 
     United States and its allies.
       ``(d) Exceptions From Coverage for Certain Intelligence 
     Agencies and Functions.--This section does not apply to the 
     following persons:
       ``(1) A person assigned or detailed to the Central 
     Intelligence Agency or to an expert or consultant under a 
     contract with the Central Intelligence Agency.
       ``(2) A person who is--
       ``(A) employed by or assigned or detailed to the National 
     Security Agency;
       ``(B) an expert or consultant under contract to the 
     National Security Agency;
       ``(C) an employee of a contractor of the National Security 
     Agency; or
       ``(D) a person applying for a position in the National 
     Security Agency.
       ``(3) A person assigned to a space where sensitive 
     cryptographic information is produced, processed, or stored.
       ``(4) A person employed by, or assigned or detailed to, an 
     office within the Department of Defense for the collection of 
     specialized national foreign intelligence through 
     reconnaissance programs or a contractor of such an office.
       ``(e) Standards.--(1) Polygraph examinations conducted 
     under this section shall comply with all applicable laws and 
     regulations.
       ``(2) Such examinations may be authorized for any of the 
     following purposes:
       ``(A) To assist in determining the initial eligibility for 
     duties described in subsection (c) of, and aperiodically 
     thereafter, on a random basis, to assist in determining the 
     continued eligibility of, persons described in subsections 
     (b) and (c).
       ``(B) With the consent of, or upon the request of, the 
     examinee, to--
       ``(i) resolve serious credible derogatory information 
     developed in connection with a personnel security 
     investigation; or
       ``(ii) exculpate him- or herself of allegations or evidence 
     arising in the course of a counterintelligence or personnel 
     security investigation.
       ``(C) To assist, in a limited number of cases when 
     operational exigencies require the immediate use of a 
     person's services before the completion of a personnel 
     security investigation, in determining the interim 
     eligibility for duties described in subsection (c) of the 
     person.
       ``(3) Polygraph examinations conducted under this section 
     shall provide adequate safeguards, prescribed by the 
     Secretary of Defense, for the protection of the rights and 
     privacy of persons subject to this section under subsection 
     (b) who are considered for or administered polygraph 
     examinations under this section. Such safeguards shall 
     include the following:
       ``(A) The examinee shall receive timely notification of the 
     examination and its intended purpose and may only be given 
     the examination with the consent of the examinee.
       ``(B) The examinee shall be advised of the examinee's right 
     to consult with legal counsel.
       ``(C) All questions asked concerning the matter at issue, 
     other than technical questions necessary to the polygraph 
     technique, must have a relevance to the subject of the 
     inquiry.
       ``(f) Oversight.--(1) The Secretary shall establish a 
     process to monitor responsible and effective application of 
     polygraph examinations within the Department of Defense.
       ``(2) The Secretary shall make information on the use of 
     polygraphs within the Department of Defense available to the 
     congressional defense committees.
       ``(g) Polygraph Research Program.--The Secretary shall 
     carry out a continuing research program to support the 
     polygraph examination activities of the Department of 
     Defense. The program shall include the following:
       ``(1) An on-going evaluation of the validity of polygraph 
     techniques used by the Department.
       ``(2) Research on polygraph countermeasures and anti- 
     countermeasures.
       ``(3) Developmental research on polygraph techniques, 
     instrumentation, and analytic methods.''.
       (b) Effective Date; Implementation.--The amendment made by 
     subsection (a) shall apply with respect to polygraph 
     examinations administered beginning on the date of the 
     enactment of this Act.

     SEC. 1045. REPEAL OF REQUIREMENT FOR REPORT TO CONGRESS 
                   REGARDING GLOBAL STRIKE CAPABILITY.

       (a) Repeal of Requirement for Annual Update to Plan for 
     Global Strike Capability.-- Subsection (a) of section 1032 of 
     the

[[Page 11272]]

     National Defense Authorization Act for Fiscal Year 2004 
     (Public Law 108-136; 117 Stat. 1605; 10 U.S.C. 113 note) is 
     amended by striking the second sentence.
       (b) Repeal of 2006 Report Requirement.--Subsection (b)(1) 
     of such section is amended by striking ``, 2005, and 2006'' 
     and inserting ``and 2005''.

     SEC. 1046. TECHNICAL AND CLERICAL AMENDMENTS.

       (a) Amendments Relating to Definition of Congressional 
     Defense Committees.--
       (1) Chapter 169 of title 10, United States Code, is amended 
     as follows:
       (A) Paragraph (4) of section 2801(c) is amended to read as 
     follows:
       ``(4) The term `congressional defense committees' includes, 
     with respect to any project to be carried out by, or for the 
     use of, an intelligence component of the Department of 
     Defense--
       ``(A) the Permanent Select Committee on Intelligence of the 
     House of Representatives; and
       ``(B) the Select Committee on Intelligence of the 
     Senate.''.
       (B) The following sections are amended by striking 
     ``appropriate committees of Congress'' each place it appears 
     and inserting ``congressional defense committees'': sections 
     2803(b), 2804(b), 2805(b)(2), 2806(c)(2), 2807(b), 2807(c), 
     2808(b), 2809(f)(1), 2811(d), 2812(c)(1)(A), 2813(c), 
     2814(a)(2)(A), 2814(g)(1), 2825(b)(1), 2827(b), 2828(f), 
     2837(c)(2), 2853(c)(2), 2854(b), 2854a(c)(1), 2865(e)(2), 
     2866(c)(2), 2875(e), 2881a(d)(2), 2881a(e), 2883(f), and 
     2884(a).
       (C) Section 2835 is amended by adding at the end the 
     following new subsection:
       ``(i) Appropriate Committees of Congress Defined.--In this 
     section, the term `appropriate committees of Congress' means 
     the congressional defense committees and, with respect to the 
     Coast Guard, the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.''.
       (D) Section 2836 is amended by adding at the end the 
     following new subsection:
       ``(h) Appropriate Committees of Congress Defined.--In this 
     section, the term `appropriate committees of Congress' means 
     the congressional defense committees and, with respect to the 
     Coast Guard, the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.''.
       (2) Section 2694a of such title is amended--
       (A) in subsection (e), by striking ``appropriate committees 
     of Congress'' and inserting ``congressional defense 
     committees''; and
       (B) in subsection (i), by striking paragraph (1) and 
     redesignating paragraphs (2), (3), and (4) as paragraphs (1), 
     (2), and (3), respectively.
       (b) Amendments Relating to Definition of Base Closure 
     Laws.--
       (1) Section 2694a(i) of title 10, United States Code, is 
     amended by striking paragraph (2).
       (2) Paragraph (1) of section 1333(i) of the National 
     Defense Authorization Act for Fiscal Year 1994 (Public Law 
     103-160; 10 U.S.C. 2701 note) is amended to read as follows:
       ``(1) Base closure law.--The term `base closure law' has 
     the meaning given such term in section 101(a)(17) of title 
     10, United States Code.''.
       (3) Subsection (b) of section 2814 of the Military 
     Construction Authorization Act for Fiscal Year 1995 (division 
     B of Public Law 103-337; 10 U.S.C. 2687 note) is amended to 
     read as follows:
       ``(b) Base Closure Law Defined.--In this section, the term 
     `base closure law' has the meaning given such term in section 
     101(a)(17) of title 10, United States Code.''.
       (4) Subsection (c) of section 3341 of title 5, United 
     States Code, is amended to read as follows:
       ``(c) For purposes of this section, the term `base closure 
     law' has the meaning given such term in section 101(a)(17) of 
     title 10.''.
       (5) Chapter 5 of title 40, United States Code, is amended--
       (A) in section 554(a)(1), by striking ``means'' and all 
     that follows and inserting ``has the meaning given that term 
     in section 101(a)(17) of title 10.''; and
       (B) in section 572(b)(1)(B), by striking ``section 
     2667(h)(2)'' and inserting ``section 101(a)(17) of title 
     10''.
       (6) The Act of November 13, 2000, entitled ``An Act to 
     Amend the Organic Act of Guam, and for other purposes'' 
     (Public Law 106-504, 114 Stat. 2309) is amended by striking 
     paragraph (2) of section 1(c) and inserting the following new 
     paragraph (2):
       ``(2) The term `base closure law' has the meaning given 
     such term in section 101(a)(17) of title 10, United States 
     Code.''.
       (c) Definition of State for Purposes of Section 2694a.--
     Subsection (i) of section 2694a of title 10, United States 
     Code, as amended by subsections (a)(2)(B) and (b)(1), is 
     further amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (1) and (2), respectively; and
       (2) in paragraph (2), as so redesignated, by striking ``and 
     the territories and possessions of the United States'' and 
     inserting ``, Guam, the Virgin Islands, and American Samoa''.
       (d) Other Miscellaneous Corrections to Title 10, United 
     States Code.--Title 10, United States Code, is amended as 
     follows:
       (1) Section 101(e)(4)(B)(ii) is amended by striking the 
     comma after ``bulk explosives''.
       (2) Section 127b(d)(1) is amended by striking ``polices'' 
     in the second sentence and inserting ``policies''.
       (3) Section 1732 is amended--
       (A) in subsection (c)--
       (i) by striking ``(b)(2)(A) and (b)(2)(B)'' in paragraphs 
     (1) and (2) and inserting ``(b)(1)(A) and (b)(1)(B)''; and
       (ii) by striking paragraph (3); and
       (B) in subsection (d)(2), by striking ``(b)(2)(A)(ii)'' and 
     inserting ``(b)(1)(A)(ii)''.
       (4) Section 2410n(b) is amended by striking ``compeititon'' 
     in the second sentence and inserting ``competition''.
       (5) Section 2507(d) is amended by striking ``section (a)'' 
     and inserting ``subsection (a)''.
       (6) Section 2665(a) is amended by striking ``under section 
     2664 of this title''.
       (7) Section 2703(b) is amended by striking ``The terms 
     `unexploded ordnance', `discarded military munitions', and'' 
     and inserting ``In this subsection, the terms `discarded 
     military munitions' and''.
       (8) Section 2773a(a) is amended by inserting ``by'' after 
     ``incorrect payment made'' in the first sentence.
       (9) Section 2801(d) is amended by striking ``sections 2830 
     and 2835'' and inserting ``sections 2830, 2835, and 2836 of 
     this chapter''.
       (10) Section 2881a(f) is amended by striking 
     ``Notwithstanding section 2885 of this title, the'' and 
     inserting ``The''.
       (11) Section 3084 is amended by striking the semicolon in 
     the section heading and inserting a colon.
       (e) Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005.--The Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (Public Law 108-375) 
     is amended as follows:
       (1) Section 513(c)(2)(C) (118 Stat. 1881) is amended by 
     striking ``404(a)(4)'' and inserting ``416(a)(4)''.
       (2) Section 1105(h) (118 Stat. 2075) is amended by striking 
     ``(21 U.S.C.'' and inserting ``(20 U.S.C.''.
       (f) Bob Stump National Defense Authorization Act for Fiscal 
     Year 2003.--The Bob Stump National Defense Authorization Act 
     for Fiscal Year 2003 (Public Law 107-314) is amended as 
     follows:
       (1) Section 314 (116 Stat. 2508) is amended--
       (A) in subsection (d), by striking ``(40 U.S.C.'' and 
     inserting ``(42 U.S.C. ''; and
       (B) in subsection (e)(2), by striking ``(40 U.S.C.'' and 
     inserting ``(42 U.S.C.)''.
       (2) Section 635(a) (116 Stat. 2574) is amended by inserting 
     ``the first place it appears'' after ``by striking `a 
     claim'''.
       (g) National Defense Authorization Act for Fiscal Year 
     1994.--Section 1605(a)(4) of the National Defense 
     Authorization Act for Fiscal Year 1994 (22 U.S.C. 2751 note) 
     is amended by striking ``Logisitics'' in the first sentence 
     and inserting ``Logistics''.
       (h) Title 38, United States Code.--Section 8111(b)(1) of 
     title 38, United States Code, is amended by inserting ``of 
     1993'' after ``the Government Performance and Results Act''.

     SEC. 1047. DELETION OF OBSOLETE DEFINITIONS IN TITLES 10 AND 
                   32, UNITED STATES CODE.

       (a) Deleting Obsolete Definition of ``Territory'' in Title 
     10.--Title 10, United States Code, is amended as follows:
       (1) Section 101(a) is amended by striking paragraph (2).
       (2) The following sections are amended by striking the 
     terms ``Territory or'', ``or Territory'', ``a Territorial 
     Department,'', ``or a Territory'', ``Territory and'', ``its 
     Territories,'', and ``and Territories'' each place they 
     appear: sections 101(a)(3), 332, 822, 1072, 1103, 2671, 3037, 
     5148, 8037, 8074, 12204, and 12642.
       (3) The following sections are amended by striking the 
     terms ``Territory,'' and ``Territories,'' each place they 
     appear: sections 849, 858, 888, 2668, 2669, 7545, and 9773.
       (4) Section 808 is amended by striking ``Territory, 
     Commonwealth, or possession,'' and inserting ``Commonwealth, 
     possession,''.
       (5) The following sections are amended are by striking 
     ``Territories, Commonwealths, or possessions'' each place it 
     appears and inserting ``Commonwealths or possessions'': 
     sections 846, 847, 2734, 3062, 3074, 4747, 4778, 5986, 7652, 
     7653, 8062, 9778, and 12406.
       (6) The following sections are amended by striking 
     ``Territories, Commonwealths, and possessions'' each place it 
     appears and inserting ``Commonwealths and possessions'': 
     sections 3062, 3074, 4747, 4778, 8062, and 9778.
       (7) Section 312 is amended by striking ``States and 
     Territories, and Puerto Rico'' and inserting ``States, the 
     Commonwealth of Puerto Rico, Guam, and the Virgin Islands''.
       (8) Section 335 is amended by striking ``the unincorporated 
     territories of''.
       (9) Sections 4301 and 9301 are amended by striking ``State 
     or Territory, Puerto Rico, or the District of Columbia'' each 
     place it appears and inserting ``State, the Commonwealth of 
     Puerto Rico, the District of Columbia, Guam, or the Virgin 
     Islands''.
       (10) Sections 4685 and 9685 are amended by striking ``State 
     or Territory concerned'' each place it appears and inserting 
     ``State concerned or Guam or the Virgin Islands'' and by 
     striking ``State and Territorial'' each place it appears and 
     inserting ``State, Guam, and the Virgin Islands''.
       (11) Section 7851 is amended by striking ``States, the 
     Territories, and the District of Columbia'' and inserting 
     ``States, the District of Columbia, Guam, and the Virgin 
     Islands''.
       (12) Section 7854 is amended by striking ``any State, any 
     Territory, or the District of Columbia'' and inserting ``any 
     State, the District of Columbia, Guam, or the Virgin 
     Islands''.
       (b) Deleting Obsolete Definition of ``Territory'' in Title 
     32.--Title 32, United States Code, is amended as follows:

[[Page 11273]]

       (1) Paragraph (1) of section 101 is amended to read as 
     follows:
       ``(1) For purposes of other laws relating to the militia, 
     the National Guard, the Army National Guard of the United 
     States, and the Air National Guard of the United States, the 
     term `Territory' includes Guam and the Virgin Islands.''.
       (2) Sections 103, 104(c), 314, 315, 708(d), and 711 are 
     amended by striking ``State and Territory, Puerto Rico and 
     the District of Columbia'' and ``State or Territory, Puerto 
     Rico, and the District of Columbia'' each place they appear 
     and inserting ``State, the Commonwealth of Puerto Rico, the 
     District of Columbia, Guam, and the Virgin Islands''.
       (3) Sections 104(d), 107, 109, 503, 703, 704, 710, and 712 
     are amended by striking ``State or Territory, Puerto Rico or 
     the District of Columbia'' and ``State or Territory, Puerto 
     Rico, the Virgin Islands or the District of Columbia'' each 
     place they appear and inserting ``State, the Commonwealth of 
     Puerto Rico, the District of Columbia, Guam, or the Virgin 
     Islands''.
       (4) Sections 104(a), 505, 702(a), and 708(a) are amended by 
     striking ``State or Territory and Puerto Rico'' and ``State 
     or Territory, Puerto Rico'' each place they appear and 
     inserting ``State, the Commonwealth of Puerto Rico, Guam, and 
     the Virgin Islands''.
       (5) Section 324 is amended by striking ``State or Territory 
     of whose National Guard he is a member, or by the laws of 
     Puerto Rico, or the District of Columbia, if he is a member 
     of its National Guard'' and inserting ``State of whose 
     National Guard he is a member, or by the laws of the 
     Commonwealth of Puerto Rico, or the District of Columbia, 
     Guam, or the Virgin Islands, whose National Guard he is a 
     member''.
       (6) Section 325 is amended by striking ``State or 
     Territory, or of Puerto Rico'' and ``State or Territory or 
     Puerto Rico'' each place they appear and inserting ``State, 
     or of the Commonwealth of Puerto Rico, Guam, or the Virgin 
     Islands''.
       (7) Sections 326, 327, and 501 are amended by striking 
     ``States and Territories, Puerto Rico, and the District of 
     Columbia'' each place it appears and inserting ``States, the 
     Commonwealth of Puerto Rico, the District of Columbia, Guam, 
     and the Virgin Islands''.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

1101. Extension of eligibility to continue Federal employee health 
              benefits.
1102. Extension of Department of Defense voluntary reduction in force 
              authority.
1103. Extension of authority to make lump sum severence payments.
1104. Authority for heads of agencies to allow shorter length of 
              required service by Federal employees after completion of 
              training.
1105. Authority to waive annual limitation on total compensation paid 
              to Federal civilian employees.
1106. Transportation of family members incident to repatriation of 
              Federal employees held captive.
1107. Permanent extension of Science, Mathematics, and Research for 
              Transformation (SMART) Defense Scholarship Program.

     SEC. 1101. EXTENSION OF ELIGIBILITY TO CONTINUE FEDERAL 
                   EMPLOYEE HEALTH BENEFITS.

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

     SEC. 1102. EXTENSION OF DEPARTMENT OF DEFENSE VOLUNTARY 
                   REDUCTION IN FORCE AUTHORITY.

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

     SEC. 1103. EXTENSION OF AUTHORITY TO MAKE LUMP SUM SEVERENCE 
                   PAYMENTS.

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

     SEC. 1104. AUTHORITY FOR HEADS OF AGENCIES TO ALLOW SHORTER 
                   LENGTH OF REQUIRED SERVICE BY FEDERAL EMPLOYEES 
                   AFTER COMPLETION OF TRAINING.

       Section 4108 of title 5, United States Code, is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d);
       (2) by striking ``subsection (b)'' in subsection (d) (as so 
     redesignated) and inserting ``subsection (c)''; and
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) The head of an agency that authorized training for an 
     employee may require a period of service for the employee 
     that is shorter than the period required under subsection 
     (a)(1) if the head of the agency determines it is in the best 
     interests of the agency to require a shorter period. ''.

     SEC. 1105. AUTHORITY TO WAIVE ANNUAL LIMITATION ON TOTAL 
                   COMPENSATION PAID TO FEDERAL CIVILIAN 
                   EMPLOYEES.

       (a) Waiver Authority.--During 2006 and notwithstanding 
     section 5547 of title 5, United States Code, the head of an 
     executive agency may waive, subject to subsection (b), the 
     limitation established in that section for total compensation 
     (including limitations on the aggregate of basic pay and 
     premium pay payable in a calendar year) of an employee who 
     performs work while in an overseas location that is in the 
     area of responsibility of the commander of the United States 
     Central Command, in direct support of or directly related to 
     a military operation (including a contingency operation as 
     defined in section 101(13) of title 10, United States Code).
       (b) $200,000 Maximum Total Compensation.--The total 
     compensation of an employee whose pay is covered by a waiver 
     under subsection (a) may not exceed $200,000 in a calendar 
     year.
       (c) Additional Pay not Considered Basic Pay.--To the extent 
     that a waiver under subsection (a) results in payment of 
     additional premium pay of a type that is normally creditable 
     as basic pay for retirement or any other purpose, such 
     additional pay--
       (1) shall not be considered to be basic pay for any 
     purpose; and
       (2) shall not be used in computing a lump sum payment for 
     accumulated and accrued annual leave under section 5551 of 
     title 5, United States Code.

     SEC. 1106. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO 
                   REPATRIATION OF FEDERAL EMPLOYEES HELD CAPTIVE.

       (a) Allowances Authorized.--Chapter 57 of title 5, United 
     States Code, is amended by adding at the end the following 
     new section:

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

       ``(a) Allowances Authorized.--(1) The head of an agency may 
     provide the travel and transportation allowances described in 
     subsection (c) to not more than three family members of an 
     employee as defined in section 2105 of this title who--
       ``(A) was held captive, as determined by the head of the 
     agency, and
       ``(B) is repatriated to a site in or outside the United 
     States.
       ``(2) In circumstances determined to be appropriate by the 
     head of the agency concerned, the head of the agency may 
     waive the limitation on the number of family members provided 
     travel and transportation allowances under this section.
       ``(b) Eligible Persons.--(1) In this section, the term 
     `family member' has the meaning given that term in section 
     411h(b) of title 37.
       ``(2) The head of an agency may also provide such travel 
     and transportation allowances to an attendant who accompanies 
     a family member if the head of the agency determines that--
       ``(A) the family member is unable to travel unattended 
     because of age, physical condition, or other justifiable 
     reason; and
       ``(B) no other family member who is receiving the 
     allowances under this section is able to serve as an 
     attendant for the family member.
       ``(3) If no family member is able to travel to the 
     repatriation site, the head of the agency concerned may 
     provide the travel and transportation allowances to not more 
     than two persons who are related to the member (but who do 
     not satisfy the definition of family member) and are selected 
     by the member.
       ``(c) Allowances Described.--(1) The transportation 
     authorized by subsection (a) is round-trip transportation 
     between--
       ``(A) the home of the family member (or the home of an 
     attendant or other person provided transportation pursuant to 
     paragraph (2) or (3) of subsection (b)); and
       ``(B) the location of the repatriation site or other 
     location determined to be appropriate by the head of the 
     agency concerned.
       ``(2) In addition to the transportation authorized by 
     subsection (a), the head of an agency may provide a per diem 
     allowance or reimbursement for the actual and necessary 
     expenses of the travel, or a combination thereof, but not to 
     exceed the rates established under section 404(d) of title 
     37.
       ``(d) Provision of Allowances.--(1) The transportation 
     authorized by subsection (a) may be provided by any of the 
     following means:
       ``(A) Transportation in-kind.
       ``(B) A monetary allowance in place of transportation in-
     kind at a rate to be prescribed by the heads of the agencies 
     concerned.
       ``(C) Reimbursement for the commercial cost of 
     transportation.
       ``(2) An allowance payable under this subsection may be 
     paid in advance.
       ``(3) Reimbursement payable under this subsection may not 
     exceed the cost of government-procured commercial round-trip 
     air travel.
       ``(e) Regulations.--The heads of the agencies concerned 
     shall prescribe uniform regulations to carry out this 
     section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 57 of title 5, United States Code, is 
     amended by adding at the end the following new item:

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

     SEC. 1107. PERMANENT EXTENSION OF SCIENCE, MATHEMATICS, AND 
                   RESEARCH FOR TRANSFORMATION (SMART) DEFENSE 
                   SCHOLARSHIP PROGRAM.

       (a) Permanent Extension.--Section 1105 of the Ronald W. 
     Reagan National Defense Authorization Act for Fiscal Year 
     2005 (Public Law 108-375; 118 Stat. 2074; 10 U.S.C. 2192 
     note) is amended--
       (1) by striking ``pilot'' each place it appears in the 
     section and subsection headings and the text;

[[Page 11274]]

       (2) in subsection (a)--
       (A) by striking ``(1)''; and
       (B) by striking paragraph (2); and
       (3) in subsection (b)--
       (A) in paragraph (1)(B), by striking ``undergraduate'' and 
     inserting ``associates degree, undergraduate degree,''; and
       (B) by adding at the end the following new paragraph:
       ``(3) Financial assistance provided under a scholarship 
     awarded under this section may be paid directly to the 
     recipient of such scholarship or to an administering entity 
     for disbursement of the funds.''.
       (b) Codification.--
       (1) Amendment to title 10.--Chapter 111 of title 10, United 
     States Code, is amended--
       (A) by inserting after section 2192 the following:

     ``Sec. 2192a. Science, Mathematics, and Research for 
       Transformation (SMART) Defense Scholarship Program''; and

       (B) by transferring and inserting the text of section 1105 
     of the Ronald W. Reagan National Defense Authorization Act 
     for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2074; 10 
     U.S.C. 2192 note), as amended by subsection (a), so as to 
     appear below the section heading for section 2192a, as added 
     by subparagraph (A).
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2192 the following new item:

``2192a. Science, Mathematics, and Research for Transformation (SMART) 
              Defense Scholarship Program.''.

       (c) Conforming Amendment.--Section 1105 of the Ronald W. 
     Reagan National Defense Authorization Act for Fiscal Year 
     2005 (Public Law 108-375; 118 Stat. 2074; 10 U.S.C. 2192 
     note) is amended by striking subsections (a), (b), (c), (d), 
     (e), (f), and (h).

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                  Subtitle A--Assistance and Training

 1201. Extension of humanitarian and civic assistance provided to host 
              nations in conjunction with military operations.
 1202. Commanders' Emergency Response Program.
 1203. Military educational exchanges between senior officers and 
              officials of the United States and Taiwan.
 1204. Modification of geographic restriction under bilateral and 
              regional cooperation programs for payment of certain 
              expenses of defense personnel of developing countries.
 1205. Authority for Department of Defense to enter into acquisition 
              and cross-servicing agreements with regional 
              organizations of which the United States is not a member.
 1206. Two-year extension of authority for payment of certain 
              administrative services and support for coalition liaison 
              officers.

     Subtitle B--Nonproliferation Matters and Countries of Concern

 1211. Report on acquisition by Iran of nuclear weapons.
 1212. Procurement sanctions against foreign persons that transfer 
              certain defense articles and services to the People's 
              Republic of China.
 1213. Prohibition on procurements from Communist Chinese military 
              companies.

                       Subtitle C--Other Matters

 1221. Purchase of weapons overseas for force protection purposes.
 1222. Requirement for establishment of certain criteria applicable to 
              on-going Global Posture Review.

                  Subtitle A--Assistance and Training

     SEC. 1201. EXTENSION OF HUMANITARIAN AND CIVIC ASSISTANCE 
                   PROVIDED TO HOST NATIONS IN CONJUNCTION WITH 
                   MILITARY OPERATIONS.

       (a) Limitation on Amount of Assistance for Clearance of 
     Landmines, Etc.--Subsection (c)(3) of section 401 of title 
     10, United States Code is amended by striking ``$5,000,000'' 
     and inserting ``$10,000,000''.
       (b) Extension and Clarification of Types of Health Care 
     Authorized.--Subsection (e)(1) of such section is amended--
       (1) by inserting ``surgical,'' before ``dental,'' both 
     places it appears; and
       (2) by inserting ``, including education, training, and 
     technical assistance related to the care provided'' before 
     the period at the end.

     SEC. 1202. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

       (a) Fiscal Year 2006 Authority.--During fiscal year 2006, 
     from funds made available to the Department of Defense for 
     operation and maintenance pursuant to title XV, not to exceed 
     $500,000,000 may be used by the Secretary of Defense to 
     provide funds--
       (1) for the Commanders' Emergency Response Program 
     established by the Administrator of the Coalition Provisional 
     Authority for the purpose of enabling United States military 
     commanders in Iraq to respond to urgent humanitarian relief 
     and reconstruction requirements within their areas of 
     responsibility by carrying out programs that will immediately 
     assist the Iraqi people; and
       (2) for a similar program to assist the people of 
     Afghanistan.
       (b) Quarterly Reports.--Not later than 15 days after the 
     end of each fiscal-year quarter, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     regarding the source of funds and the allocation and use of 
     funds during that quarter that were made available pursuant 
     to the authority provided in this section or under any other 
     provision of law for the purposes stated in subsection (a).
       (c) Limitation on Use of Funds.--Funds authorized for the 
     Commanders' Emergency Response Program by this section may 
     not be used to provide goods, services, or funds to national 
     armies, national guard forces, border security forces, civil 
     defense forces, infrastructure protection forces, highway 
     patrol units, police, special police, or intelligence or 
     other security forces.
       (d) Secretary of Defense Guidance.--Not later than 90 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall issue to the commander of the United States 
     Central Command detailed guidance concerning the types of 
     activities for which United States military commanders in 
     Iraq may use funds under the Commanders' Emergency Response 
     Program to respond to urgent relief and reconstruction 
     requirements and the terms under which such funds may be 
     expended. The Secretary shall simultaneously provide a copy 
     of that guidance to the congressional defense committees.

     SEC. 1203. MILITARY EDUCATIONAL EXCHANGES BETWEEN SENIOR 
                   OFFICERS AND OFFICIALS OF THE UNITED STATES AND 
                   TAIWAN.

       (a) Defense Exchanges.--The Secretary of Defense shall 
     undertake a program of senior military officer and senior 
     official exchanges with Taiwan designed to improve Taiwan's 
     defenses against the People's Liberation Army of the People's 
     Republic of China.
       (b) Exchanges Described.--For the purposes of this section, 
     the term ``exchange'' means an activity, exercise, event, or 
     observation opportunity between Armed Forces personnel or 
     Department of Defense officials of the United States and 
     armed forces personnel and officials of Taiwan.
       (c) Focus of Exchanges.--The senior military officer and 
     senior official exchanges undertaken pursuant to subsection 
     (a) shall include exchanges focused on the following, 
     especially as they relate to defending Taiwan against 
     potential submarine attack and potential missile attack:
       (1) Threat analysis.
       (2) Military doctrine.
       (3) Force planning.
       (4) Logistical support.
       (5) Intelligence collection and analysis.
       (6) Operational tactics, techniques, and procedures.
       (d) Civil-Military Affairs.--The senior military officer 
     and senior official exchanges undertaken pursuant to 
     subsection (a) shall include activities and exercises focused 
     on civil-military relations, including parliamentary 
     relations.
       (e) Location of Exchanges.--The senior military officer and 
     senior official exchanges undertaken pursuant to subsection 
     (a) shall be conducted in both the United States and Taiwan.
       (f) Definitions.--For purposes of this section:
       (1) The term ``senior military officer'' means a general or 
     flag officer of the Armed Forces on active duty.
       (2) The term ``senior official'' means a civilian official 
     of the Department of Defense at the level of Deputy Assistant 
     Secretary of Defense or above.

     SEC. 1204. MODIFICATION OF GEOGRAPHIC RESTRICTION UNDER 
                   BILATERAL AND REGIONAL COOPERATION PROGRAMS FOR 
                   PAYMENT OF CERTAIN EXPENSES OF DEFENSE 
                   PERSONNEL OF DEVELOPING COUNTRIES.

       Section 1051(b)(1) of title 10, United States Code, is 
     amended--
       (1) by inserting ``to and'' after ``in connection with 
     travel''; and
       (2) by striking ``in which the developing country is 
     located'' and inserting ``in which the meeting for which 
     expenses are authorized is located''.

     SEC. 1205. AUTHORITY FOR DEPARTMENT OF DEFENSE TO ENTER INTO 
                   ACQUISITION AND CROSS-SERVICING AGREEMENTS WITH 
                   REGIONAL ORGANIZATIONS OF WHICH THE UNITED 
                   STATES IS NOT A MEMBER.

       Subchapter I of chapter 138 of title 10, United States 
     Code, is amended by striking ``of which the United States is 
     a member'' in sections 2341(1), 2342(a)(1)(C), and 
     2344(b)(4).

     SEC. 1206. TWO-YEAR EXTENSION OF AUTHORITY FOR PAYMENT OF 
                   CERTAIN ADMINISTRATIVE SERVICES AND SUPPORT FOR 
                   COALITION LIAISON OFFICERS.

        Section 1051a(e) of title 10, United States Code, is 
     amended by striking ``September 30, 2005'' and inserting 
     ``September 30, 2007''.

     Subtitle B--Nonproliferation Matters and Countries of Concern

     SEC. 1211. REPORT ON ACQUISITION BY IRAN OF NUCLEAR WEAPONS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Iran Nonproliferation Act of 2000 (Public Law 106-
     178) has been a critical tool in preventing the spread of 
     weapons of mass destruction and their associated delivery 
     systems to Iran;
       (2) the prevention of the development by Iran of weapons of 
     mass destruction and their associated delivery systems 
     remains the paramount policy goal of the United States with 
     respect to matters associated with Iran; and
       (3) the Iran Nonproliferation Act of 2000 should not be 
     weakened by creating exceptions

[[Page 11275]]

     to requirements of such Act that are intended to serve lesser 
     policy priorities.
       (b) Report.--Not later than nine months after the date of 
     the enactment of this Act, the Secretary of Defense and 
     Chairman of the Joint Chiefs of Staff shall submit to 
     Congress a report that examines the strategic and military 
     implications of the acquisition by Iran of nuclear weapons 
     during the five-year period beginning on the date of the 
     enactment of this Act. The report shall include the 
     following:
       (1) An assessment of the acquisition by Iran of nuclear 
     weapons on the balance of power among states within the area 
     of responsibility of the United States Central Command.
       (2) A description of the active and passive defense systems 
     of the United States that may be able to counter such nuclear 
     weapons based on the future-years defense program under 
     section 221 of title 10, United States Code, extant at the 
     time of the fiscal year 2005 defense budget request.
       (3) A description of the military capabilities that the 
     United States possesses that would enable it to deal with the 
     potential acquisition and use of nuclear weapons by Iran 
     within the area of responsibility of the United States 
     Central Command.
       (4) An assessment of Iran's ability to deliver and detonate 
     nuclear weapons outside of the area of responsibility of the 
     United States Central Command.
       (5) A summary of the entities that have provided 
     technology, knowledge, or assistance useful in the efforts of 
     Iran to develop weapons of mass destruction or their 
     associated delivery systems during the ten-year period ending 
     on the date of the enactment of this Act.
       (c) Form.--The report described in subsection (b) shall be 
     submitted in unclassified form as appropriate, with a 
     classified annex as necessary.

     SEC. 1212. PROCUREMENT SANCTIONS AGAINST FOREIGN PERSONS THAT 
                   TRANSFER CERTAIN DEFENSE ARTICLES AND SERVICES 
                   TO THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Declaration of Policy.--Congress declares that it is 
     the policy of the United States to deny the People's Republic 
     of China such defense goods and defense technology that could 
     be used to threaten the United States or undermine the 
     security of Taiwan or the stability of the Western Pacific 
     region.
       (b) Procurement Sanction.--(1) The Secretary of Defense may 
     not procure, by contract or otherwise, any goods or services 
     from--
       (A) any foreign person the Secretary of Defense determines 
     has, with actual knowledge, on or after the date of the 
     enactment of this Act, exported, transferred, or otherwise 
     provided to governmental or nongovernmental entities of the 
     People's Republic of China any item or class of items on the 
     United States Munitions List (or any item or class of items 
     that are identical, substantially identical, or directly 
     competitive to an item or class of items on the United States 
     Munitions List); or
       (B) any foreign person the Secretary of Defense 
     determines--
       (i) is a successor entity to a person referred to in 
     paragraph (1);
       (ii) is a parent or subsidiary of a person referred to in 
     paragraph (1); or
       (iii) is an affiliate of a person referred to in paragraph 
     (1) if that affiliate is controlled in fact by such person.
       (2) The prohibition under paragraph (1) with respect to a 
     foreign person shall last for a period of five years after a 
     determination is made by the Secretary of Defense with 
     respect to that person under paragraph (1)(A).
       (c) Public Availability of List of Sanctioned Persons.--(1) 
     The Secretary of Defense shall annually publish in the 
     Federal Register a current list of any foreign persons 
     sanctioned under subsection (b). The removal of foreign 
     persons from, and the addition of foreign persons to, the 
     list shall also be so published.
       (2) The Secretary shall maintain the list published under 
     paragraph (1) on the Internet website of the Department of 
     Defense.
       (d) Removal From List of Sanctioned Persons.--The Secretary 
     of Defense may remove a person from the list of sanctioned 
     persons referred to in subsection (c) only after the five-
     year prohibition period imposed under subsection (b) with 
     respect to the person has expired.
       (e) Exceptions.--(1) Subsection (b) shall not apply--
       (A) to contracts, or subcontracts under such contracts, in 
     existence on the date of the enactment of this Act, including 
     options under such contracts;
       (B) if the Secretary of Defense determines in writing that 
     the person to which the sanctions would otherwise be applied 
     is a sole source supplier of the goods or services being 
     procured, that the goods or services are essential, and that 
     alternative sources are not readily or reasonably available;
       (C) in the case of a contract for routine servicing and 
     maintenance, if the Secretary of Defense determines in 
     writing alternative sources for performing the contract are 
     not readily or reasonably available; or
       (D) if the Secretary of Defense determines in writing that 
     goods or services proposed to be procured under the contract 
     are essential to the national security of the United States.
       (2) Determinations under paragraph (1) shall be published 
     in the Federal Register.
       (f) Definitions.--In this section:
       (1) The term ``foreign person'' has the meaning given the 
     term in section 14 of the Iran and Libya Sanctions Act of 
     1996 (50 U.S.C. 1701 note).
       (2) The term ``United States Munitions List'' means the 
     list referred to in section 38(a)(1) of the Arms Export 
     Control Act (22 U.S.C. 2778(a)(1)).

     SEC. 1213. PROHIBITION ON PROCUREMENTS FROM COMMUNIST CHINESE 
                   MILITARY COMPANIES.

       (a) Prohibition.--The Secretary of Defense may not procure 
     goods or services, through a contract or any subcontract (at 
     any tier) under a contract, from any Communist Chinese 
     military company.
       (b) Definition.--In this section, the term ``Communist 
     Chinese military company'' has the meaning provided that term 
     by section 1237(b)(4) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (50 U.S.C. 1701 note).

                       Subtitle C--Other Matters

     SEC. 1221. PURCHASE OF WEAPONS OVERSEAS FOR FORCE PROTECTION 
                   PURPOSES.

       (a) Purchases in Countries in Which Combat Operations Are 
     Ongoing.--
       (1) Force protection purchases.--Chapter 3 of title 10, 
     United States Code, is amended by inserting after section 
     127b the following new section:

     ``Sec. 127c. Purchase of weapons overseas: force protection

       ``(a) Authority.--When elements of the armed forces are 
     engaged in ongoing military operations in a country, the 
     Secretary of Defense may, for the purpose of protecting 
     United States forces in that country, purchase weapons from 
     any foreign person, foreign government, international 
     organization, or other entity located in that country.
       ``(b) Limitation.--The total amount expended during any 
     fiscal year for purchases under this section may not exceed 
     $15,000,000.
       ``(c) Annual Congressional Report.--Not later than 30 days 
     after the end of each fiscal year during which the authority 
     under subsection (a) is used, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the use of that authority during that fiscal year. Each such 
     report shall include the following:
       ``(1) The number and type of weapons purchased during that 
     fiscal year under subsection (a), together with the amount 
     spent for those weapons and the Secretary's estimate of the 
     fair market value of those weapons.
       ``(2) A description of the dispositions (if any) during 
     that fiscal year of weapons purchased under subsection 
     (a).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 127b the following new item:

``127c.  Purchase of weapons overseas: force protection.''.

       (b) Effective Date.--Section 127c of title 10, United 
     States Code, as added by subsection (a), shall take effect on 
     October 1, 2005.

     SEC. 1222. REQUIREMENT FOR ESTABLISHMENT OF CERTAIN CRITERIA 
                   APPLICABLE TO ON-GOING GLOBAL POSTURE REVIEW.

       (a) Criteria.--As part of the on-going review of overseas 
     basing plans being conducted within the Department of Defense 
     that is referred to as the ``Global Posture Review'', the 
     Secretary of Defense shall develop criteria for assessing, 
     with respect to each type of facility specified in subsection 
     (c), the following factors in deciding whether to seek 
     agreement with a foreign country to establish or maintain 
     such a facility in that country:
       (1) The effect on strategic mobility of units deployed to 
     overseas locations in areas in which United States Armed 
     Forces have not traditionally been deployed.
       (2) The cost of deploying units to areas referred to in 
     paragraph (1) on a rotational basis (rather than on a 
     permanent basing basis).
       (3) The strategic benefit of rotational deployments through 
     countries with which the United States is developing a close 
     or new security relationship.
       (4) The relative speed and complexity of conducting 
     negotiations with a particular country.
       (5) The appropriate and available funding mechanisms for 
     changes to specific Main Operating Bases, Forward Operating 
     Bases, or Cooperative Security Locations.
       (6) The effect on military quality of life of establishing 
     or maintaining any of such types of facilities.
       (7) Other criteria as Secretary of Defense determines 
     appropriate.
       (b) Analysis of Alternatives to Basing or Operating 
     Locations.--The Secretary of Defense shall develop a 
     mechanism for analyzing alternatives to any particular 
     overseas basing or operating location. Such a mechanism shall 
     incorporate the factors specified in paragraphs (1) through 
     (4) of subsection (a).
       (c) Minimal Infrastructure Requirements for Overseas 
     Installations.--The Secretary of Defense shall develop a 
     template of minimal infrastructure requirements for each of 
     the following types of facilities:
       (1) Facilities categorized as Main Operating Bases.
       (2) Facilities categorized as Forward Operating Bases.
       (3) Facilities categorized as Cooperative Security 
     Locations.
       (d) Consultation With Senior Military Officers.--The 
     Secretary of Defense shall carry out subsections (a), (b), 
     and (c) in consultation with the Chairman of the Joint Chiefs 
     of Staff and the commanders of the regional combatant 
     commands.

[[Page 11276]]

       (e) Annual Budget Element.--The Secretary of Defense shall 
     provide to Congress, as an element of the annual budget 
     request of the Secretary, information regarding the funding 
     sources for changes to individual Main Operating Bases, 
     Forward Operating Bases, or Cooperative Security Locations.
       (f) Report.--Not later than March 30, 2006, the Secretary 
     of Defense shall submit to Congress a report on the matters 
     specified in subsections (a) through (c).

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

1301. Specification of Cooperative Threat Reduction programs and funds.
1302. Funding allocations.
1303. Authority to obligate weapons of mass destruction proliferation 
              prevention funds for nuclear weapons storage security.
1304. Extension of limited waiver of restrictions on use of funds for 
              threat reduction in states of the former Soviet Union.
1305.  Report on elimination of impediments to nuclear threat-reduction 
              and nonproliferation programs in the Russian Federation.

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

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

     SEC. 1302. FUNDING ALLOCATIONS.

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

     SEC. 1303. AUTHORITY TO OBLIGATE WEAPONS OF MASS DESTRUCTION 
                   PROLIFERATION PREVENTION FUNDS FOR NUCLEAR 
                   WEAPONS STORAGE SECURITY.

       (a) In General.--Subject to subsection (b), in any case in 
     which the Secretary of Defense determines that it is 
     necessary to do so in the national interest, the Secretary 
     may obligate amounts appropriated for fiscal year 2006 for 
     the purpose listed in subsection (c)(4) of section 1302 for 
     the purpose listed in subsection (c)(2) of that section.
       (b) Limitation.--The authority provided in subsection (a) 
     may be used only after--
       (1) the Secretary submits to Congress notification of the 
     intent to do so together with a complete discussion of the 
     justification for doing so; and
       (2) 15 days have elapsed following the date of the 
     notification.

     SEC. 1304. EXTENSION OF LIMITED WAIVER OF RESTRICTIONS ON USE 
                   OF FUNDS FOR THREAT REDUCTION IN STATES OF THE 
                   FORMER SOVIET UNION.

       Section 1306 of the Bob Stump National Defense 
     Authorization Act for Fiscal Year 2003 (22 U.S.C. 5952 note) 
     is amended by adding at the end the following new subsection:
       ``(f) Coverage of Calendar Years.--The authority under 
     subsection (a) applies with respect to calendar years 2005, 
     2006, and 2007 in the same manner as it applies to fiscal 
     years. The authority under this subsection shall expire on 
     December 31, 2007.''.

     SEC. 1305. REPORT ON ELIMINATION OF IMPEDIMENTS TO NUCLEAR 
                   THREAT-REDUCTION AND NONPROLIFERATION PROGRAMS 
                   IN THE RUSSIAN FEDERATION.

       (a) Findings.--Congress finds that--
       (1) despite the importance of programs and activities to 
     assist in securing nuclear weapons and fissile materials in 
     the states of the former Soviet Union, the effective conduct 
     of some programs and activities in the Russian Federation is 
     impeded by numerous legal and administrative disagreements 
     regarding a variety of issues, including issues relating to 
     access to sites, liability, and taxation; and
       (2) it has been possible to resolve disagreements of that 
     nature in other republics of the former Soviet Union through 
     committed and high-level discussions between the United 
     States and those republics.
       (b) Report.--Not later than November 1, 2006, the President 
     shall submit to Congress a report on impediments in the 
     states of the former Soviet Union to the effective conduct of 
     programs and activities of the United States relating to 
     securing nuclear weapons and fissile materials in those 
     states. The report shall--
       (1) identify the impediments to the rapid, efficient, and 
     effective conduct of programs and activities of the 
     Department of Defense, the Department of State, and the 
     Department of Energy to assist in securing such materials in 
     those states, including issues relating to access to sites, 
     liability, and taxation; and
       (2) describe the plans of the United States to overcome or 
     ameliorate such impediments, including an identification and 
     discussion of new models and approaches that might be used to 
     develop new relationships with entities in Russia capable of 
     assisting in removing or ameliorating those impediments, and 
     any congressional action that may be necessary for that 
     purpose.

                TITLE XIV--CONTRACT DISPUTE ENHANCEMENT

                     Subtitle A--General provisions

1411. Definitions.

 Subtitle B--Establishment of civilian and defense Boards of contract 
                                appeals

1421. Establishment.
1422. Membership.
1423. Chairmen.
1424. Rulemaking authority.
1425. Authorization of appropriations.

   Subtitle C--Functions of defense and civilian Boards of contract 
                                appeals

1431. Contract disputes.
1432. Enhanced access for small business.
1433. Applicability to certain contracts.

     Subtitle D--Transfers and transition, savings, and conforming 
                               provisions

1441. Transfer and allocation of appropriations and personnel.
1442. Terminations and savings provisions.
1443. Contract disputes authority of Boards.
1444. References to agency Boards of contract appeals.
1445. Conforming amendments.

  Subtitle E--Effective Date; Regulations and Appointment of Chairmen

1451. Effective date.
1452. Regulations.
1453. Appointment of Chairmen of Defense Board and Civilian Board.

                     Subtitle A--General Provisions

     SEC. 1411. DEFINITIONS.

       (a) In General.--The Office of Federal Procurement Policy 
     Act (41 U.S.C. 401 et seq.) is amended by adding at the end 
     the following:

                     ``TITLE II--DISPUTE RESOLUTION

                    ``Subtitle A--General Provisions

     ``SEC. 201. DEFINITIONS.

       ``In this title:
       ``(1) The term `Defense Board' means the Department of 
     Defense Board of Contract Appeals established pursuant to 
     section 8(a)(1) of the Contract Disputes Act of 1978 (41 
     U.S.C. 607).
       ``(2) The term `Civilian Board' means the Civilian Board of 
     Contract Appeals established pursuant to section 8(b)(1) of 
     the Contract Disputes Act of 1978 (41 U.S.C. 607).
       ``(3) The term `Board judge' means a member of the Defense 
     Board or the Civilian Board, as the case may be.
       ``(4) The term `Chairman' means the Chairman of the Defense 
     Board or the Civilian Board, as the case may be.

[[Page 11277]]

       ``(5) The term `Board concerned' means--
       ``(A) the Defense Board with respect to matters within its 
     jurisdiction; and
       ``(B) the Civilian Board with respect to matters within its 
     jurisdiction.
       ``(6) The term `executive agency'--
       ``(A) with respect to contract disputes under the 
     jurisdiction of the Defense Board, means the Department of 
     Defense, the Department of the Army, the Department of the 
     Navy, the Department of the Air Force, or the National 
     Aeronautics and Space Administration; and
       ``(B) with respect to contract disputes under the 
     jurisdiction of the Civilian Board, has the meaning given by 
     section 4(1) of this Act except that the term does not 
     include the Department of Defense, the Department of the 
     Army, the Department of the Navy, the Department of the Air 
     Force, the National Aeronautics and Space Administration, and 
     the Tennessee Valley Authority.''.
       (b) Conforming Amendments.--The Office of Federal 
     Procurement Policy Act (41 U.S.C. 401 et seq.) is further 
     amended--
       (1) by inserting the following before section 1:

           ``TITLE I--FEDERAL PROCUREMENT POLICY GENERALLY'';

     and
       (2) in section 4, by striking out ``As used in this Act:'' 
     and inserting in lieu thereof ``Except as otherwise 
     specifically provided, as used in this Act:''.

 Subtitle B--Establishment of Civilian and Defense Boards of Contract 
                                Appeals

     SEC. 1421. ESTABLISHMENT.

       (a) Defense Board.--Subsection (a)(1) of section 8 of the 
     Contract Disputes Act of 1978 (41 U.S.C. 607) is amended to 
     read as follows:
       ``(a)(1) There is established in the Department of Defense 
     a board of contract appeals to be known as the Department of 
     Defense Board of Contract Appeals.''.
       (b) Civilian Board.--Subsection (b)(1) of section 8 of the 
     Contract Disputes Act of 1978 (41 U.S.C. 607) is amended to 
     read as follows:
       ``(b)(1) There is established in the General Services 
     Administration a board of contract appeals to be known as the 
     Civilian Board of Contract Appeals.''.

     SEC. 1422. MEMBERSHIP.

       The Office of Federal Procurement Policy Act (41 U.S.C. 401 
     et seq.), as amended by section 1411, is further amended by 
     adding at the end the following:

     ``SEC. 202. MEMBERSHIP.

       ``(a) Appointment.--(1)(A) The Defense Board shall consist 
     of judges appointed by the Secretary of Defense from a 
     register of applicants maintained by the Defense Board, in 
     accordance with rules issued by the Defense Board for 
     establishing and maintaining a register of eligible 
     applicants and selecting Defense Board judges. The Secretary 
     shall appoint a judge without regard to political affiliation 
     and solely on the basis of the professional qualifications 
     required to perform the duties and responsibilities of a 
     Defense Board judge.
       ``(B) The Civilian Board shall consist of judges appointed 
     by the Administrator for Federal Procurement Policy from a 
     register of applicants maintained by the Administrator, in 
     accordance with rules issued by the Administrator for 
     establishing and maintaining a register of eligible 
     applicants and selecting Civilian Board judges. The 
     Administrator shall appoint a judge without regard to 
     political affiliation and solely on the basis of the 
     professional qualifications required to perform the duties 
     and responsibilities of a Civilian Board judge.
       ``(2) The members of the Defense Board and the Civilian 
     Board shall be selected and appointed to serve in the same 
     manner as administrative law judges appointed pursuant to 
     section 3105 of title 5, United States Code, with an 
     additional requirement that such members shall have had not 
     fewer than five years of experience in public contract law.
       ``(3) Notwithstanding paragraph (2) and subject to 
     subsection (b), the following persons shall serve as Board 
     judges:
       ``(A) For the Defense Board, any full-time member of the 
     Armed Services Board of Contract Appeals serving as such on 
     the day before the effective date of this title.
       ``(B) For the Civilian Board, any full-time member of any 
     agency board of contract appeals other than the Armed 
     Services Board of Contract Appeals, the Postal Service Board 
     of Contract Appeals, and the board of contract appeals of the 
     Tennessee Valley Authority serving as such on the day before 
     the effective date of this title.
       ``(b) Removal.--Members of the Defense Board and the 
     Civilian Board shall be subject to removal in the same manner 
     as administrative law judges, as provided in section 7521 of 
     title 5, United States Code.
       ``(c) Compensation.--Compensation for the Chairman of the 
     Defense Board and the Chairman of the Civilian Board and all 
     other members of each Board shall be determined under section 
     5372a of title 5, United States Code.''.

     SEC. 1423. CHAIRMEN.

       The Office of Federal Procurement Policy Act (41 U.S.C. 401 
     et seq.), as amended by section 1422, is further amended by 
     adding at the end the following:

     ``SEC. 203. CHAIRMEN.

       ``(a) Designation.--(1)(A) The Chairman of the Defense 
     Board shall be designated by the Secretary of Defense to 
     serve for a term of five years. The Secretary shall select 
     the Chairman from among sitting judges each of whom has had 
     at least five years of service as a member of the Armed 
     Services Board of Contract Appeals.
       ``(B) The Chairman of the Civilian Board shall be 
     designated by the Administrator for Federal Procurement 
     Policy to serve for a term of five years. The Administrator 
     shall select the Chairman from among sitting judges each of 
     whom has had at least five years of service as a member of an 
     agency board of contract appeals other than the Armed 
     Services Board of Contract Appeals.
       ``(2) A Chairman of a Board may continue to serve after the 
     expiration of the Chairman's term until a successor has taken 
     office. A Chairman may be reappointed any number of times.
       ``(b) Responsibilities.--The Chairman of the Defense Board 
     or the Civilian Board, as the case may be, shall be 
     responsible on behalf of the Board for the executive and 
     administrative operation of the Board, including functions of 
     the Board with respect to the following:
       ``(1) The selection, appointment, and fixing of the 
     compensation of such personnel, pursuant to part III of title 
     5, United States Code, as the Chairman considers necessary or 
     appropriate, including a Clerk of the Board, a General 
     Counsel, and clerical and legal assistance for Board judges.
       ``(2) The supervision of personnel employed by or assigned 
     to the Board, and the distribution of work among such 
     personnel.
       ``(3) The operation of an Office of the Clerk of the Board, 
     including the receipt of all filings made with the Board, the 
     assignment of cases, and the maintenance of all records of 
     the Board.
       ``(4) The prescription of such rules and regulations as the 
     Chairman considers necessary or appropriate for the 
     administration and management of the Board.
       ``(c) Vice Chairmen.--The Chairman of the Defense Board or 
     the Civilian Board, as the case may be, may designate up to 
     two other Board judges as Vice Chairmen. The Vice Chairmen, 
     in the order designated by the Chairman, shall act in the 
     place and stead of the Chairman during the absence of the 
     Chairman.''.

     SEC. 1424. RULEMAKING AUTHORITY.

       The Office of Federal Procurement Policy Act (41 U.S.C. 401 
     et seq.), as amended by section 1423, is further amended by 
     adding at the end the following:

     ``SEC. 204. RULEMAKING AUTHORITY.

       ``Except as provided by section 1452 of the National 
     Defense Authorization Act for Fiscal Year 2006, the Chairman 
     of the Defense Board and the Chairman of the Civilian Board, 
     in consultation with the Administrator for Federal 
     Procurement Policy, shall jointly issue and maintain--
       ``(1) such procedural rules and regulations as are 
     necessary to the exercise of the functions of the Boards 
     under section 211; and
       ``(2) statements of policy of general applicability with 
     respect to such functions.''.

     SEC. 1425. AUTHORIZATION OF APPROPRIATIONS.

       The Office of Federal Procurement Policy Act (41 U.S.C. 401 
     et seq.), as amended by section 1424, is further amended by 
     adding at the end the following:

     ``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated for fiscal year 
     2006 and each succeeding fiscal year such sums as may be 
     necessary to carry out the provisions of this title. Funds 
     for the activities of each Board shall be separately 
     appropriated for such purpose. Funds appropriate pursuant to 
     this section shall remain available until expended.''.

   Subtitle C--Functions of Defense and Civilian Boards of Contract 
                                Appeals

     SEC. 1431. CONTRACT DISPUTES.

       The Office of Federal Procurement Policy Act (41 U.S.C. 401 
     et seq.), as amended by section 1425, is further amended by 
     adding at the end the following:

``Subtitle B--Functions of the Defense and Civilian Boards of Contract 
                                Appeals

     ``SEC. 211. CONTRACT DISPUTES.

       ``The Defense Board shall have jurisdiction as provided by 
     section 8(a)(1) of the Contract Disputes Act of 1978 (41 
     U.S.C. 607(a)). The Civilian Board shall have jurisdiction as 
     provided by section 8(b)(1) of such Act (41 U.S.C. 
     607(b)).''.

     SEC. 1432. ENHANCED ACCESS FOR SMALL BUSINESS.

       Section 9(a) of the Contract Disputes Act of 1978 (41 
     U.S.C. 608) is amended by striking out the period at the end 
     of the first sentence and inserting the following: ``or, in 
     the case of a small business concern (as defined in the Small 
     Business Act and regulations under that Act), $150,000 or 
     less.''.

     SEC. 1433. APPLICABILITY TO CERTAIN CONTRACTS.

       The Office of Federal Procurement Policy Act (41 U.S.C. 401 
     et seq.), as amended by section 1431, is further amended by 
     adding at the end the following:

     ``SEC. 212. APPLICABILITY TO CERTAIN CONTRACTS.

       ``(a) Contracts at or Below the Simplified Acquisition 
     Threshold.--Notwithstanding section 33 of this Act, the 
     authority conferred on the Defense Board and the Civilian 
     Board by this title is applicable to contracts in amounts not 
     greater than the simplified acquisition threshold.
       ``(b) Contracts for Commercial Items.--Notwithstanding 
     section 34 of this Act, the authority conferred on the 
     Defense Board and the Civilian Board by this title is 
     applicable to contracts for the procurement of commercial 
     items.''.

[[Page 11278]]



     Subtitle D--Transfers and Transition, Savings, and Conforming 
                               Provisions

     SEC. 1441. TRANSFER AND ALLOCATION OF APPROPRIATIONS AND 
                   PERSONNEL.

       (a) Transfers.--
       (1) Armed services board of contract appeals.--The 
     personnel employed in connection with, and the assets, 
     liabilities, contracts, property, records, and unexpended 
     balance of appropriations, authorizations, allocations, and 
     other funds employed, held, used, arising from, available to, 
     or to be made available in connection with the functions 
     vested by law in the Armed Services Board of Contract Appeals 
     established pursuant to section 8 of the Contract Disputes 
     Act of 1978 (41 U.S.C. 607) (as in effect on the day before 
     the effective date described in section 1451), shall be 
     transferred to the Department of Defense Board of Contract 
     Appeals for appropriate allocation by the Chairman of that 
     Board.
       (2) Other boards of contracts appeals.--The personnel 
     employed in connection with, and the assets, liabilities, 
     contracts, property, records, and unexpended balance of 
     appropriations, authorizations, allocations, and other funds 
     employed, held, used, arising from, available to, or to be 
     made available in connection with the functions vested by law 
     in the boards of contract appeals established pursuant to 
     section 8 of the Contract Disputes Act of 1978 (41 U.S.C. 
     607) (as in effect on the day before the effective date 
     described in section 1451) other than the Armed Services 
     Board of Contract Appeals, the board of contract appeals of 
     the Tennessee Valley Authority, and the Postal Service Board 
     of Contract Appeals shall be transferred to the Civilian 
     Board of Contract Appeals for appropriate allocation by the 
     Chairman of that Board.
       (b) Effect on Personnel.--Personnel transferred pursuant to 
     this subtitle shall not be separated or reduced in 
     compensation for one year after such transfer, except for 
     cause.
       (c) Regulations.--(1) The Department of Defense Board of 
     Contract Appeals and the Civilian Board of Contract Appeals 
     shall each prescribe regulations for the release of competing 
     employees in a reduction in force that gives due effect to--
       (A) efficiency or performance ratings;
       (B) military preference; and
       (C) tenure of employment.
       (2) In prescribing the regulations, the Board concerned 
     shall provide for military preference in the same manner as 
     set forth in subchapter I of chapter 35 of title 5, United 
     States Code.

     SEC. 1442. TERMINATIONS AND SAVINGS PROVISIONS.

       (a) Termination of Boards of Contract Appeals.--Effective 
     on the effective date described in section 1451, the boards 
     of contract appeals established pursuant to section 8 of the 
     Contract Disputes Act of 1978 (41 U.S.C. 607) (as in effect 
     on the day before such effective date), other than the board 
     of contract appeals of the Tennessee Valley Authority and the 
     Postal Service Board of Contract Appeals, shall terminate.
       (b) Savings Provision for Contract Dispute Matters Pending 
     Before Boards.--(1) This title and the amendments made by 
     this title shall not affect any proceedings pending on the 
     effective date described in section 1451 before any board of 
     contract appeals terminated by subsection (a).
       (2) In the case of any such proceedings pending before the 
     Armed Services Board of Contract Appeals, the proceedings 
     shall be continued by the Department of Defense Board of 
     Contract Appeals, and orders which were issued in any such 
     proceeding by the Armed Services Board of Contract Appeals 
     shall continue in effect until modified, terminated, 
     superseded, or revoked by the Department of Defense Board of 
     Contract Appeals, by a court of competent jurisdiction, or by 
     operation of law.
       (3) In the case of any such proceedings pending before an 
     agency board of contract appeals other than the Armed 
     Services Board of Contract Appeals or the board of contract 
     appeals of the Tennessee Valley Authority, the proceedings 
     shall be continued by the Civilian Board of Contract Appeals, 
     and orders which were issued in any such proceeding by the 
     agency board shall continue in effect until modified, 
     terminated, superseded, or revoked by the Civilian Board of 
     Contract Appeals, by a court of competent jurisdiction, or by 
     operation of law.

     SEC. 1443. CONTRACT DISPUTES AUTHORITY OF BOARDS.

       (a) Section 2 of the Contract Disputes Act of 1978 (41 
     U.S.C. 601) is amended--
       (1) in paragraph (2), by striking out ``, the United States 
     Postal Service, and the Postal Rate Commission'';
       (2) by redesignating paragraph (7) as paragraph (9);
       (3) by amending paragraph (6) to read as follows:
       ``(6) the terms `agency board' or `agency board of contract 
     appeals' mean--
       ``(1) the Department of Defense Board of Contract Appeals 
     established under section 8(a)(1) of this Act;
       ``(2) the Civilian Board of Contract Appeals established 
     under section 8(b)(1) of this Act;
       ``(3) the board of contract appeals of the Tennessee Valley 
     Authority; or
       ``(4) the Postal Service Board of Contract Appeals 
     established under section 8(h) of this Act;''; and
       (4) by inserting after paragraph (6) the following new 
     paragraphs:
       ``(7) the term `Defense Board' means the Department of 
     Defense Board of Contract Appeals established under section 
     8(a)(1) of this Act;
       ``(8) the term `Civilian Board' means the Civilian Board of 
     Contract Appeals established under section 8(b)(1) of this 
     Act; and''.
       (b) Section 8 of the Contract Disputes Act of 1978 (41 
     U.S.C. 607), as amended by section 1421, is further amended--
       (1) by striking out subsection (c);
       (2) in subsection (d)--
       (A) by striking out the first sentence and inserting in 
     lieu thereof the following: ``The Defense Board shall have 
     jurisdiction to decide any appeal from a decision of a 
     contracting officer of the Department of Defense, the 
     Department of the Army, the Department of the Navy, the 
     Department of the Air Force, or the National Aeronautics and 
     Space Administration relative to a contract made by that 
     department or agency. The Civilian Board shall have 
     jurisdiction to decide any appeal from a decision of a 
     contracting officer of any executive agency (other than the 
     Department of Defense, the Department of the Army, the 
     Department of the Navy, the Department of the Air Force, the 
     National Aeronautics and Space Administration, the United 
     States Postal Service, the Postal Rate Commission, or the 
     Tennessee Valley Authority) relative to a contract made by 
     that agency. Each other agency board shall have jurisdiction 
     to decide any appeal from a decision of a contracting officer 
     relative to a contract made by its agency.''; and
       (B) in the second sentence, by striking out ``Claims 
     Court'' and inserting in lieu thereof ``Court of Federal 
     Claims'';
       (3) by striking out subsection (h) and inserting in lieu 
     thereof the following:
       ``(h) There is established an agency board of contract 
     appeals to be known as the `Postal Service Board of Contract 
     Appeals'. Such board shall have jurisdiction to decide any 
     appeal from a decision of a contracting officer of the United 
     States Postal Service or the Postal Rate Commission relative 
     to a contract made by either agency. Such board shall consist 
     of judges appointed by the Postmaster General who shall meet 
     the qualifications of and serve in the same manner as judges 
     of the Civilian Board of Contract Appeals. This Act and title 
     II of the Office of Federal Procurement Policy Act shall 
     apply to contract disputes before the Postal Service Board of 
     Contract Appeals in the same manner as they apply to contract 
     disputes before the Civilian Board.''; and
       (4) by striking out subsection (i).

     SEC. 1444. REFERENCES TO AGENCY BOARDS OF CONTRACT APPEALS.

       (a) Defense Board.--Any reference to the Armed Services 
     Board of Contract Appeals in any provision of law or in any 
     rule, regulation, or other paper of the United States shall 
     be treated as referring to the Department of Defense Board of 
     Contract Appeals.
       (b) Civilian Board.--Any reference to an agency board of 
     contract appeals other than the Armed Services Board of 
     Contract Appeals, the board of contract appeals of the 
     Tennessee Valley Authority, or the Postal Service Board of 
     Contract Appeals in any provision of law or in any rule, 
     regulation, or other paper of the United States shall be 
     treated as referring to the Civilian Board of Contract 
     Appeals.

     SEC. 1445. CONFORMING AMENDMENTS.

       (a) Title 5.--Section 5372a(a)(1) of title 5, United States 
     Code, is amended by inserting after ``of 1978'' the 
     following: ``or a member of the Department of Defense Board 
     of Contract Appeals or the Civilian Board of Contract Appeals 
     appointed under section 202 of the Office of Federal 
     Procurement Policy Act''.
       (b) Office of Federal Procurement Policy Act.--
       (1) The table of contents for the Office of Federal 
     Procurement Policy Act (contained in section 1(b)) is amended 
     by inserting the following before the item relating to 
     section 1:

           ``TITLE I--FEDERAL PROCUREMENT POLICY GENERALLY''.

       (2) The table of contents for the Office of Federal 
     Procurement Policy Act (contained in section 1(b)) is amended 
     by adding at the end the following:

                     ``TITLE II--DISPUTE RESOLUTION

                    ``Subtitle A--General provisions

``201. Definitions.
``202. Membership.
``203. Chairmen.
``204. Rulemaking authority.
``205. Authorization of appropriations.

``Subtitle B--Functions of the defense and civilian Boards of contract 
                                appeals

``211. Contract disputes.
``212. Applicability to certain contracts.''.

  Subtitle E--Effective Date; Regulations and Appointment of Chairmen

     SEC. 1451. EFFECTIVE DATE.

       Title II of the Office of Federal Procurement Policy Act, 
     as added by this title, and the amendments and repeals made 
     by this title shall take effect 1 year after the date of the 
     enactment of this Act.

     SEC. 1452. REGULATIONS.

       (a) Regulations Regarding Claims.--Not later than 1 year 
     after the date of the enactment of this Act, the Chairman of 
     the Armed Services Board of Contract Appeals and the Chairman 
     of the General Services Board of Contract Appeals, in 
     consultation with the Administrator for Federal Procurement 
     Policy, shall jointly issue--
       (1) such procedural rules and regulations as are necessary 
     to the exercise of the functions of the Department of Defense 
     Board of Contract Appeals and the Civilian Board of Contract 
     Appeals under sections 211 of the Office of Federal

[[Page 11279]]

     Procurement Policy Act (as added by this title); and
       (2) statements of policy of general applicability with 
     respect to such functions.
       (b) Regulations Regarding Appointment of Judges.--Not later 
     than 1 year after the date of the enactment of this Act--
       (1) the Chairman of the Armed Services Board of Contract 
     Appeals shall issue rules governing the establishment and 
     maintenance of a register of eligible applicants and the 
     selection of judges for the Department of Defense Board of 
     Contract Appeals; and
       (2) the Administrator for Federal Procurement Policy shall 
     issue rules governing the establishment and maintenance of a 
     register of eligible applicants and the selection of judges 
     for the Civilian Board of Contract Appeals.

     SEC. 1453. APPOINTMENT OF CHAIRMEN OF DEFENSE BOARD AND 
                   CIVILIAN BOARD.

       Notwithstanding section 1451, not later than 1 year after 
     the date of the enactment of this Act--
       (1) the Secretary of Defense shall appoint the Chairman of 
     the Department of Defense Board of Contract Appeals; and
       (2) the Administrator for Federal Procurement Policy shall 
     appoint the Chairman of the Civilian Board of Contract 
     Appeals.

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

                     Subtitle A--General Increases

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

                    Subtitle B--Personnel Provisions

1521. Increase in active Army and Marine Corps strength levels.
1522. Additional authority for increases of Army and Marine Corps 
              active duty end strengths for fiscal years 2007 through 
              2009.
1523. Military death gratuity enhancement.
1524. Permanent prohibition against requiring certain injured members 
              to pay for meals provided by military treatment 
              facilities.
1525. Permanent authority to provide travel and transportation 
              allowances for dependents to visit hospitalized members 
              injured in combat operation or combat zone.
1526. Permanent increase in length of time dependents of certain 
              deceased members may continue to occupy military family 
              housing or receive basic allowance for housing.
1527. Availability of special pay for members during rehabilitation 
              from combat-related injuries.
1528. Allowance to cover monthly deduction from basic pay for 
              Servicemembers' Group Life Insurance coverage for members 
              serving in Operation Enduring Freedom or Operation Iraqi 
              Freedom.

   Subtitle C--Matters Involving Support Provided by Foreign Nations

1531. Reimbursement of certain coalition nations for support provided 
              to United States military operations.

                     Subtitle A--General Increases

     SEC. 1501. PURPOSE.

        The purpose of this title is to authorize emergency 
     appropriations for the Department of Defense for fiscal year 
     2006 to provide funds for additional costs due to Operation 
     Iraqi Freedom and Operation Enduring Freedom. Funds 
     authorized for appropriation in this title are available upon 
     the enactment of this Act.

     SEC. 1502. ARMY PROCUREMENT.

        Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for procurement accounts of the Army in amounts as 
     follows:
       (1) For weapons and tracked combat vehicles, $574,627,000.
       (2) For ammunition, $105,700,000.
       (3) For other procurement, $1,945,350,000.

     SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

       (a) Navy.--Funds are hereby authorized to be appropriated 
     for fiscal year 2006 for procurement accounts for the Navy in 
     amounts as follows:
       (1) For weapons procurement, $36,800,000.
       (2) For other procurement, $15,300,000.
       (b) Marine Corps.--Funds are hereby authorized to be 
     appropriated for fiscal year 2006 for procurement for the 
     Marine Corps in the amount of $445,400,000.
       (c) Navy and Marine Corps Ammunition.--Funds are hereby 
     authorized to be appropriated for fiscal year 2006 for 
     procurement of ammunition for the Navy and the Marine Corps 
     in the amount of $144,721,000.

     SEC. 1504. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

        Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the procurement account for Defense-wide 
     procurement in the amount of $103,900,000.

     SEC. 1505. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, 
                   DEFENSE-WIDE ACTIVITIES.

        Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the Department of Defense for research, 
     development, test and evaluation, Defense-wide, in the amount 
     of $75,000,000.

     SEC. 1506. OPERATION AND MAINTENANCE.

        Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the use of the Armed Forces for expenses, not 
     otherwise provided for, for operation and maintenance, in 
     amounts as follows:
       (1) For the Army, $20,305,001,000.
       (2) For the Navy, $1,838,000,000.
       (3) For the Marine Corps, $1,791,800,000.
       (4) For the Air Force, $3,195,352,000.
       (5) For Defense-wide, $2,870,333,000.
       (6) For the Army National Guard, $159,500,000.
       (7) For the Army Reserve, $26,400,000.

     SEC. 1507. DEFENSE WORKING CAPITAL FUNDS.

        Funds are hereby authorized to be appropriated for fiscal 
     year 2006 for the Defense Working Capital Fund in the amount 
     of $1,700,000,000.

     SEC. 1508. DEFENSE HEALTH PROGRAM.

        Funds are hereby authorized to be appropriated for the 
     Department of Defense for fiscal year 2006 for expenses, not 
     otherwise provided for, for the Defense Health Program in the 
     amount of $846,000,000, for Operation and Maintenance.

     SEC. 1509. MILITARY PERSONNEL.

        There is hereby authorized to be appropriated to the 
     Department of Defense for military personnel accounts for 
     fiscal year 2006 a total of $9,390,010,000.

     SEC. 1510. IRAQ FREEDOM FUND.

       (a) In General.--Funds are herby authorized to be 
     appropriated for fiscal year 2006 for the account of the Iraq 
     Freedom Fund in amount of $1,000,000,000, to remain available 
     for transfer to other accounts in this title until April 30, 
     2006. Amounts of authorization so transferred shall be merged 
     with, and be made available for, the same purposes as the 
     authorization to which transferred.
       (b) Notice to Congress.--A transfer may be made from the 
     Iraq Freedom Fund only after the Secretary of Defense 
     notifies the congressional defense subcommittees with respect 
     to the proposed transfer in writing not less than five days 
     before the transfer is made.

     SEC. 1511. CLASSIFIED PROGRAMS.

        There is hereby authorized to be appropriated for fiscal 
     year 2006 for classified programs the amount of 
     $2,500,000,000.

     SEC. 1512. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

        The amounts authorized to be appropriated by this title 
     are in addition to amounts otherwise authorized to be 
     appropriated by this Act.

     SEC. 1513. TRANSFER AUTHORITY.

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

     SEC. 1514. AVAILABILITY OF FUNDS.

        Funds in this title shall be made available for obligation 
     to the Army, Navy, Marine Corps, Air Force, and Defense-wide 
     components by the end of the second quarter of fiscal year 
     2006.

                    Subtitle B--Personnel Provisions

     SEC. 1521. INCREASE IN ACTIVE ARMY AND MARINE CORPS STRENGTH 
                   LEVELS.

       (a) Authorized End Strengths.--The end strength level 
     authorized for fiscal year 2006 under section 401--
       (1) for the Army is hereby increased by 30,000; and

[[Page 11280]]

       (2) for the Marine Corps is hereby increased by 4,000.
       (b) Statutory Minimum Active Strength Levels.--
       (1) Army.--The minimum strength for the Army under section 
     691(b) of title 10, United States Code (notwithstanding the 
     number specified in paragraph (1) of that section) for the 
     period beginning on October 1, 2005, and ending on September 
     30, 2006, shall be the number specified in section 401(1) of 
     this Act, increased by 30,000.
       (2) Marine corps.--The minimum strength for the Marine 
     Corps under section 691(b) of title 10, United States Code 
     (notwithstanding the number specified in paragraph (3) of 
     that section) for the period beginning on October 1, 2005, 
     and ending on September 30, 2006, shall be the number 
     specified in section 401(3) of this Act, increased by 4,000.
       (c) Limitation.--The authorized strengths for the Army and 
     Marine Corps provided in subsection (a) for active duty 
     personnel for fiscal year 2006 are subject to the condition 
     that costs of active-duty personnel of the Army and the 
     Marine Corps for that fiscal year in excess of 482,400 and 
     175,000, respectively, shall be paid out of funds 
     appropriated for that fiscal year for a contingent emergency 
     reserve fund or as an emergency supplemental appropriation.

     SEC. 1522. ADDITIONAL AUTHORITY FOR INCREASES OF ARMY AND 
                   MARINE CORPS ACTIVE DUTY END STRENGTHS FOR 
                   FISCAL YEARS 2007 THROUGH 2009.

       Effective October 1, 2006, the text of section 403 of the 
     Ronald W. Reagan National Defense Authorization Act for 
     Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1863) is 
     amended to read as follows:
       ``(a) Authority.--
       ``(1) Army.--For each of fiscal years 2007, 2008, and 2009, 
     the Secretary of Defense may, as the Secretary determines 
     necessary for the purposes specified in paragraph (3), 
     establish the active-duty end strength for the Army at a 
     number greater than the number otherwise authorized by law up 
     to the number equal to the fiscal-year 2006 baseline plus 
     20,000.
       ``(2) Marine corps.--For each of fiscal years 2007, 2008, 
     and 2009, the Secretary of Defense may, as the Secretary 
     determines necessary for the purposes specified in paragraph 
     (3), establish the active-duty end strength for the Marine 
     Corps at a number greater than the number otherwise 
     authorized by law up to the number equal to the fiscal-year 
     2006 baseline plus 5,000.
       ``(3) Purpose of increases.--The purposes for which 
     increases may be made in Army and Marine Corps active duty 
     end strengths under paragraphs (1) and (2) are--
       ``(A) to support operational missions; and
       ``(B) to achieve transformational reorganization 
     objectives, including objectives for increased numbers of 
     combat brigades and battalions, increased unit manning, force 
     stabilization and shaping, and rebalancing of the active and 
     reserve component forces.
       ``(4) Fiscal-year 2006 baseline.--In this subsection, the 
     term `fiscal-year 2006 baseline', with respect to the Army 
     and Marine Corps, means the active-duty end strength 
     authorized for those services in section 1521 of the National 
     Defense Authorization Act for Fiscal Year 2006.
       ``(5) Active-duty end strength.--In this subsection, the 
     term `active-duty end strength' means the strength for 
     active-duty personnel of one the Armed Forces as of the last 
     day of a fiscal year.
       ``(b) Relationship to Presidential Waiver Authority.--
     Nothing in this section shall be construed to limit the 
     President's authority under section 123a of title 10, United 
     States Code, to waive any statutory end strength in a time of 
     war or national emergency.
       ``(c) Relationship to Other Variance Authority.--The 
     authority under subsection (a) is in addition to the 
     authority to vary authorized end strengths that is provided 
     in subsections (e) and (f) of section 115 of title 10, United 
     States Code.
       ``(d) Budget Treatment.--
       ``(1) Fiscal year 2007 budget.--The budget for the 
     Department of Defense for fiscal year 2007 as submitted to 
     Congress shall comply, with respect to funding, with 
     subsections (c) and (d) of section 691 of title 10, United 
     States Code.
       ``(2) Other increases.--If the Secretary of Defense plans 
     to increase the Army or Marine Corps active duty end strength 
     for a fiscal year under subsection (a), then the budget for 
     the Department of Defense for that fiscal year as submitted 
     to Congress shall include the amounts necessary for funding 
     that active duty end strength in excess of the fiscal year 
     2006 active duty end strength authorized for that service 
     under section 401 of the National Defense Authorization Act 
     for Fiscal Year 2006.''.

     SEC. 1523. MILITARY DEATH GRATUITY ENHANCEMENT.

       (a) Increase in Amount.--Section 1478 of title 10, United 
     States Code, is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (e), respectively;
       (2) by designating the second sentence of subsection (a) as 
     subsection (b) and by striking therein ``this purpose'' and 
     inserting ``the purpose of subsection (a)'';
       (3) in subsection (a), by striking ``title shall be $12,000 
     (as adjusted under subsection (c)).'' and inserting the 
     following: ``title--
       ``(1) except as provided in paragraph (2), shall be $12,000 
     (as adjusted under subsection (e)); and
       ``(2) in the case of a death described in subsection (d), 
     shall be $100,000.'';
       (4) by inserting after subsection (c), as redesignated by 
     paragraph (1), the following new subsection:
       ``(d) A death referred to in subsection (a)(2) is a death 
     resulting from wounds, injuries, or illnesses that are--
       ``(1) incurred as described in section 1413a(e)(2) of this 
     title; or
       ``(2) incurred in an operation designated by the Secretary 
     of Defense as a combat operation or in an area designated by 
     the Secretary as a combat zone.''; and
       (5) in subsection (e), as redesignated by paragraph (1), by 
     striking ``subsection (a)'' and inserting ``subsection 
     (a)(1)''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 2005, immediately after the 
     provisions of the second sentence of section 1013(e)(2) of 
     division A of the Emergency Supplemental Appropriations Act 
     for Defense, the Global War on Terror, and Tsunami Relief, 
     2005 (Public Law 109-13).

     SEC. 1524. PERMANENT PROHIBITION AGAINST REQUIRING CERTAIN 
                   INJURED MEMBERS TO PAY FOR MEALS PROVIDED BY 
                   MILITARY TREATMENT FACILITIES.

       (a) Prohibition.--Section 402 of title 37, United States 
     Code, is amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by inserting after subsection (g) the following new 
     subsection:
       ``(h) No Payment for Meals Received at Military Treatment 
     Facilities.--(1) A member of the armed forces who is 
     undergoing medical recuperation or therapy, or is otherwise 
     in the status of continuous care, including outpatient care, 
     at a military treatment facility for an injury, illness, or 
     disease described in paragraph (2) shall not be required to 
     pay, during any month in which the member is entitled to a 
     basic allowance for subsistence under this section, any 
     charge for meals provided to the member by the military 
     treatment facility.
       ``(2) Paragraph (1) applies with respect to an injury, 
     illness, or disease incurred or aggravated by a member while 
     the member was serving on active duty--
       ``(A) in support of Operation Iraqi Freedom or Operation 
     Enduring Freedom; or
       ``(B) in any other operation designated by the Secretary of 
     Defense as a combat operation or in an area designated by the 
     Secretary as a combat zone.''.
       (b) Repeal of Temporary Authority.--Section 1023 of 
     division A of the Emergency Supplemental Appropriations Act 
     for Defense, the Global War on Terror, and Tsunami Relief, 
     2005 (Public Law 109-13), is repealed.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the earlier of the following:
       (1) The date of the enactment of this Act.
       (2) September 30, 2005.

     SEC. 1525. PERMANENT AUTHORITY TO PROVIDE TRAVEL AND 
                   TRANSPORTATION ALLOWANCES FOR DEPENDENTS TO 
                   VISIT HOSPITALIZED MEMBERS INJURED IN COMBAT 
                   OPERATION OR COMBAT ZONE.

       (a) Authority to Continue Allowance.--Effective as of 
     September 30, 2005, section 1026 of division A of the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Tsunami Relief, 2005 (Public Law 
     109-13), is amended by striking subsections (d) and (e).
       (b) Codification of Reporting Requirement.--Section 411h of 
     title 37, United States Code, is amended by adding at the end 
     the following new subsection:
       ``(e) If the amount of travel and transportation allowances 
     provided in a fiscal year under clause (ii) of subsection 
     (a)(2)(B) exceeds $20,000,000, the Secretary of Defense shall 
     submit to Congress a report specifying the total amount of 
     travel and transportation allowances provided under such 
     clause in such fiscal year.''.
       (c) Conforming Amendment.--Subsection (a)(2)(B)(ii) of such 
     section, as added by section 1026 of division A of the 
     Emergency Supplemental Appropriations Act for Defense, the 
     Global War on Terror, and Tsunami Relief, 2005 (Public Law 
     109-13), is amended by striking ``under section 1967(c)(1)(A) 
     of title 38''.

     SEC. 1526. PERMANENT INCREASE IN LENGTH OF TIME DEPENDENTS OF 
                   CERTAIN DECEASED MEMBERS MAY CONTINUE TO OCCUPY 
                   MILITARY FAMILY HOUSING OR RECEIVE BASIC 
                   ALLOWANCE FOR HOUSING.

       Effective as of September 30, 2005, section 1022 of 
     division A of the Emergency Supplemental Appropriations Act 
     for Defense, the Global War on Terror, and Tsunami Relief, 
     2005 (Public Law 109-13), is amended--
       (1) by striking ``(a)''; and
       (2) by striking subsection (b).

     SEC. 1527. AVAILABILITY OF SPECIAL PAY FOR MEMBERS DURING 
                   REHABILITATION FROM COMBAT-RELATED INJURIES.

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

     ``Sec. 327. Combat-related injury rehabilitation pay

       ``(a) Special Pay Authorized.--The Secretary concerned may 
     pay monthly special pay under this section to a member of the 
     armed forces who incurs a combat-related injury in a combat 
     operation or combat zone designated by the Secretary of 
     Defense and is evacuated from the theater of the combat 
     operation or from the combat zone for medical treatment.
       ``(b) Commencement of Payment.--Subject to subsection (c), 
     the special pay authorized by subsection (a) may be paid to a 
     member described in such subsection for any month beginning 
     after the date on which the member was

[[Page 11281]]

     evacuated from the theater of the combat operation or the 
     combat zone in which the member incurred the combat-related 
     injury.
       ``(c) Termination of Payments.--The payment of special pay 
     to a member under subsection (a) shall terminate at the end 
     of the first month during which any of the following occurs:
       ``(1) The member is paid a benefit under the traumatic 
     injury protection rider of the Servicemembers' Group Life 
     Insurance Program issued under section 1980A of title 38.
       ``(2) The member is no longer hospitalized in a military 
     treatment facility or a facility under the auspices of the 
     military health care system.
       ``(d) Amount of Special Pay.--The monthly amount of special 
     pay paid to a member under this section shall be equal to 
     $430.
       ``(e) Relationship to Other Pay and Allowances.--Special 
     pay paid to a member under this section is in addition to any 
     other pay and allowances to which the member is entitled or 
     authorized to receive.
       ``(f) Combat-Related Disability.--In this section, the term 
     `combat-related injury', with respect to a member, means a 
     wound, injury, or illness that is incurred (as determined 
     using the criteria prescribed by the Secretary of Defense 
     under section 1413a(e)(2) of title 10) by the member--
       ``(1) as a direct result of armed conflict;
       ``(2) while engaged in hazardous service;
       ``(3) in the performance of duty under conditions 
     simulating war; or
       ``(4) through an instrumentality of war.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 5 of such title is amended by adding at 
     the end the following new item:

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

       (c) Effective Date.--The Secretary of a military department 
     may provide special pay under section 327 of title 37, United 
     States Code, as added by subsection (a), for months beginning 
     on or after the date of the enactment of this Act. A member 
     of the Armed Forces who incurred a combat-related injury, as 
     defined in subsection (f) of such section, before the date of 
     the enactment of this Act may receive such pay for months 
     beginning on or after that date so long as the member 
     continues to satisfy the eligibility criteria specified in 
     such section.

     SEC. 1528. ALLOWANCE TO COVER MONTHLY DEDUCTION FROM BASIC 
                   PAY FOR SERVICEMEMBERS' GROUP LIFE INSURANCE 
                   COVERAGE FOR MEMBERS SERVING IN OPERATION 
                   ENDURING FREEDOM OR OPERATION IRAQI FREEDOM.

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

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

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

``437. Allowance to cover monthly premium for Servicemembers' Group 
              Life Insurance: members serving in Operation Enduring 
              Freedom or Operation Iraqi Freedom.''.
       (c) Effective Date; Notification.--Section 437 of title 37, 
     United States Code, as added by subsection (a), shall apply 
     with respect to service by members of the Armed Forces in the 
     theater of operations for Operation Enduring Freedom or 
     Operation Iraqi Freedom for months beginning on or after 
     October 1, 2005. In the case of members who are serving in 
     the theater of operations for Operation Enduring Freedom or 
     Operation Iraqi Freedom as of the date of the enactment of 
     this Act, the Secretary of Defense shall provide such 
     members, as soon as practicable, the information specified in 
     subsection (b) of that section.
       (d) Funding Source.--Amounts appropriated pursuant to the 
     authorization of appropriations in section 1509 for emergency 
     appropriations for military personnel accounts for the 
     Department of Defense for fiscal year 2006 shall be available 
     to the Secretary of a military department to provide the 
     allowance established by section 437 of title 37, United 
     States Code, as added by subsection (a).

   Subtitle C--Matters Involving Support Provided by Foreign Nations

     SEC. 1531. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR 
                   SUPPORT PROVIDED TO UNITED STATES MILITARY 
                   OPERATIONS.

       (a) Authority.--From funds made available for the 
     Department of Defense by this title for Defense-Wide 
     Operations and Maintenance, the Secretary of Defense may 
     reimburse any key cooperating nation for logistical and 
     military support provided by that nation to or in connection 
     with United States military operations in Iraq, Afghanistan, 
     and the global war on terrorism.
       (b) Determinations.--Payments authorized under subsection 
     (a) may be made in such amounts as the Secretary of Defense, 
     with the concurrence of the Secretary of State and in 
     consultation with the Director of the Office of Management 
     and Budget, may determine, in the Secretary's discretion, 
     based on documentation determined by the Secretary of Defense 
     to adequately account for the support provided. Any such 
     determination by the Secretary of Defense shall be final and 
     conclusive upon the accounting officers of the United States. 
     To the maximum extent practicable, the Secretary shall 
     develop standards for determining the kinds of logistical and 
     military support to the United States that shall be 
     considered reimbursable under this section.
       (c) Limitations.--
       (1) Total amount.--The total amount of payments made under 
     the authority of this section during fiscal year 2006 may not 
     exceed $1,500,000,000.
       (2) Prohibition on contractual obligations to make 
     payments.--The Secretary may not enter into any contractual 
     obligation to make a payment under the authority of this 
     section.
       (d) Congressional Notifications.--The Secretary of 
     Defense--
       (1) shall notify the congressional defense committees not 
     less than 15 days before making any payment under the 
     authority of this section; and
       (2) shall submit to those committees quarterly reports on 
     the use of the authority under this section.

               TITLE XVI--CONTRACTORS ON THE BATTLEFIELD

1601. Short title.
1602. Findings.
1603. Definitions.
1604. Requirements for commanders of combatant commands relating to 
              contractors accompanying and not accompanying the force.
1605. Requirements for contractors relating to possession of weapons.
1606. Battlefield accountability.

     SEC. 1601. SHORT TITLE.

       This title may be cited as the ``Contractors on the 
     Battlefield Regulatory Act''.

     SEC. 1602. FINDINGS.

       Congress finds the following:
       (1) Contract personnel have provided invaluable services in 
     support of combat, humanitarian, peacekeeping, and 
     reconstruction operations worldwide, and they should be 
     recognized for their contributions, including in some 
     instances the loss of their lives, in support of such 
     operations.
       (2) Contract personnel are appropriately prohibited from 
     performing inherently governmental functions.
       (3) Contract personnel will be present on and supporting 
     the battlefield of tomorrow providing crucial goods and 
     services for military, humanitarian, peacekeeping, and 
     reconstruction operations.

     SEC. 1603. DEFINITIONS.

       In this title:
       (1) Contractor accompanying the force.--
       (A) In general.--The term ``contractor accompanying the 
     force'' means a contractor for a contract with the Department 
     of Defense, a subcontract at any tier under such a contract, 
     or a task order at any tier issued under such a contract, if 
     the contract, subcontract, or task order--
       (i) is paid for using funds appropriated to or for the use 
     of the Department; and
       (ii) is for the performance of work that directly supports 
     United States military operations overseas or deployed United 
     States Armed Forces.
       (B) Employees included.--The term includes employees of any 
     contractor described in subparagraph (A).
       (2) Contractor not accompanying the force.--
       (A) In general.--The term ``contractor not accompanying the 
     force'' means a contractor for a contract with the Federal 
     Government, a subcontract at any tier under such a contract, 
     or a task order at any tier issued under such a contract, if 
     the contract, subcontract, or task order is for the 
     performance of work related to private security, 
     reconstruction, humanitarian assistance, peacekeeping, or 
     other activities in an area of responsibility of a commander 
     of a combatant command.

[[Page 11282]]

       (B) Employees included.--The term includes employees of any 
     contractor described in subparagraph (A).
       (3) Combatant command.--The term ``combatant command'' has 
     the meaning provided in section 161(c) of title 10, United 
     States Code.

     SEC. 1604. REQUIREMENTS FOR COMMANDERS OF COMBATANT COMMANDS 
                   RELATING TO CONTRACTORS ACCOMPANYING AND NOT 
                   ACCOMPANYING THE FORCE.

       (a) Protection of Contractors by Armed Forces.--
       (1) Contractors accompanying force.--The Secretary of 
     Defense shall require each commander of a combatant command 
     to make a determination regarding the appropriate level of 
     security protection by the Armed Forces of contractors 
     accompanying the force in the commander's area of 
     responsibility, and to include in the operational plans of 
     the commander the results of the determination.
       (2) Contractors not accompanying force.--Any requirements 
     for security protection of contractors accompanying the force 
     included in operational plans under paragraph (1) may also be 
     applied by the commander to contractors not accompanying the 
     force.
       (b) Communications Plan.--
       (1) Contractors accompanying force.--The Secretary of 
     Defense shall require each commander of a combatant command 
     to include in the operational plans of the commander a 
     communications plan for contractors accompanying the force in 
     the commander's area of responsibility.
       (2) Contractors not accompanying force.-- Such 
     communications plan may be applied by the commander to 
     contractors not accompanying the force in such area.
       (3) Provision of plan to contractors.--Any communications 
     plan included in operational plans under this subsection 
     shall be provided by the commander concerned to the affected 
     contractors.
       (c) Sharing Intelligence.--
       (1) Contractors accompanying force.--The Secretary of 
     Defense shall require each commander of a combatant command 
     to share with contractors accompanying the force open-source 
     intelligence, threat assessments, and information related to 
     contractor movement to avoid hostile or friendly fire 
     incidents and to further the missions of both the Department 
     of Defense and the contractors.
       (2) Contractors not accompanying force.--The Secretary of 
     Defense shall require each commander of a combatant command 
     to share, to the extent practicable, the intelligence, 
     assessments, and information referred to in paragraph (1) 
     with contractors not accompanying the force.
       (3) Waiver.--The commander of a combatant command may waive 
     the requirements of this subsection if required to ensure 
     operational security in the commander's area of 
     responsibility.

     SEC. 1605. REQUIREMENTS FOR CONTRACTORS RELATING TO 
                   POSSESSION OF WEAPONS.

       (a) Requirement for Regulations Regarding Carrying Weapons 
     for Contractors Accompanying Force.--The Secretary of Defense 
     shall prescribe regulations describing the type of weapons 
     and circumstances under which contractors accompanying the 
     force may carry a weapon for self defense or in order to 
     perform work required under the contract, and information 
     required to be provided by such contractors relating to such 
     weapons. The regulations shall include the following:
       (1) A requirement that a contractor accompanying the force 
     request in writing approval, from the commander of the 
     combatant command for the area in which the contractor is 
     performing work under a contract, for the contractor to carry 
     weapons.
       (2) Subject to subsection (b), a requirement that the 
     commander of a combatant command determine whether it is 
     appropriate for a contractor accompanying the force to carry 
     a weapon for self defense or in order to perform work 
     required under the contract, taking into account the duties 
     required to be performed under the contract and the security 
     situation in the area of operations, and, if determined 
     appropriate, to approve a request referred to in paragraph 
     (1).
       (3) A requirement that any contractor accompanying the 
     force that is carrying a weapon for self defense use only a 
     firearm that meets United States military specifications for 
     self defense and ammunition that meets United States military 
     specifications.
       (4) A requirement that a contractor accompanying the force 
     must have proof of appropriate training for using any firearm 
     for self defense, as determined by the Secretary of Defense.
       (b) Deemed Approval for Carrying Weapon.--The regulations 
     shall provide that, for purposes of the requirements of 
     paragraphs (1) and (2) of subsection (a), a requirement in a 
     contract awarded by the Department that a contractor carry a 
     weapon to perform work under the contract shall be deemed to 
     be approved by the commander for the contractor to carry such 
     a weapon. The regulations shall require that the contracting 
     officer for such a contract shall notify the appropriate 
     commander of any such requirement.

     SEC. 1606. BATTLEFIELD ACCOUNTABILITY.

       (a) Quarterly List of Contractor Personnel in Commander's 
     Area.--The Secretary of Defense shall require each commander 
     of a combatant command to obtain quarterly from contractors 
     accompanying the force a list of all contractor personnel who 
     are present in the commander's area of responsibility, with 
     the following information for each individual on the list:
       (1) Whether the individual carries a weapon.
       (2) Proof of appropriate training with respect to any 
     weapon carried by the individual.
       (3) Proof of citizenship.
       (b) Meetings With Contractors.--The Secretary of Defense 
     shall require each commander of a combatant command to meet 
     regularly with representatives of contractors both 
     accompanying and not accompanying the force who are present 
     in the commander's area of responsibility, in order to 
     provide information about the requirements of the commander 
     with respect to the contractors and recommendations to the 
     contractors regarding security for the protection of the 
     contractors.
       (c) Database.--The Secretary of Defense shall require each 
     commander of a combatant command to maintain a central 
     database of the information provided under subsection (a) 
     with respect to all contractors accompanying the force in the 
     commander's area of responsibility and shall allow the 
     commander to maintain such a database with respect to 
     contractors not accompanying the force. The Secretary shall 
     prescribe a design for the information to be collected for 
     the database required under this subsection, which shall be 
     uniform for all combatant commands. To the extent 
     practicable, the Secretary shall rely on existing sources in 
     the Department of Defense for the information to be included 
     in the database and make such existing information available 
     to each commander.
       (d) Contractor Requirement.--Any contractor accompanying 
     the force, and, upon determination of the commander of a 
     combatant command concerned, any contractor not accompanying 
     the force, shall provide information sought by a commander of 
     a combatant command for purposes of subsection (a), upon 
     request from the commander.

            Division B--Military Construction Authorizations

     SEC. 2001. SHORT TITLE.

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

                             TITLE I--ARMY

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

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

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


                     Army: Inside the United States
------------------------------------------------------------------------
                                    Installation or
             State                      Location             Amount
------------------------------------------------------------------------
Alabama........................  Anniston Army Depot..        $3,150,000
                                 Fort Rucker..........        $9,700,000
                                 Redstone Arsenal.....        $4,700,000
Alaska.........................  Fort Wainwright......       $33,560,000
Arizona........................  Ft. Huachuca.........        $5,100,000
California.....................  Concord..............       $11,850,000
                                 Fort Irwin...........       $21,250,000
Colorado.......................  Fort Carson..........       $70,622,000
Georgia........................  Fort Benning.........       $30,261,000
                                 Fort Gillem..........        $3,900,000
                                 Fort Stewart/Hunter         $57,980,000
                                  Army Air Field.
Hawaii.........................  Pohakuloa Training          $43,300,000
                                  Area.
                                 Schofield Barracks...       $53,900,000
Illinois.......................  Rock Island Arsenal..        $7,400,000

[[Page 11283]]

 
Indiana........................  Crane Army Ammunition        $5,700,000
                                  Activity.
Kansas.........................  Fort Riley...........       $23,000,000
Kentucky.......................  Fort Campbell........      $108,175,000
Louisiana......................  Fort Polk............       $28,887,000
Missouri.......................  Fort Leonard Wood....        $8,100,000
New Jersey.....................  Picatinny Arsenal....        $4,450,000
New York.......................  Fort Drum............       $73,350,000
                                 United States                $4,000,000
                                  Military Academy,
                                  West Point.
North Carolina.................  Fort Bragg...........      $301,250,000
Ohio...........................  Joint Systems               $11,600,000
                                  Manufacturing
                                  Center, Lima.
Oklahoma.......................  Fort Sill............        $5,850,000
                                 McAlester............        $6,500,000
Pennsylvania...................  Letterkenny Depot....        $6,300,000
South Carolina.................  Fort Jackson.........        $1,600,000
Texas..........................  Fort Bliss...........        $5,000,000
                                 Fort Hood............       $57,888,000
Utah...........................  Dugway Proving Ground       $25,000,000
Virginia.......................  Fort A.P. Hill.......        $2,700,000
                                 Fort Belvoir.........       $18,000,000
                                 Fort Lee.............        $3,900,000
                                 Fort Myer............       $15,200,000
Washington.....................  Fort Lewis...........       $99,949,000
------------------------------------------------------------------------

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


                     Army: Outside the United States
------------------------------------------------------------------------
                                    Installation or
            Country                     Location             Amount
------------------------------------------------------------------------
Germany........................  Grafenwoehr..........       $84,081,000
Italy..........................  Pisa.................        $5,254,000
Korea..........................  Camp Humphreys.......      $114,162,000
                                 Yongpyong............        $1,450,000
------------------------------------------------------------------------

     SEC. 2102. FAMILY HOUSING.

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


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

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

     SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

     SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2005, for military construction, land 
     acquisition, and military family housing functions of the 
     Department of the Army in the total amount of $2,955,400,000, 
     as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2101(a), $985,172,000.
       (2) For military construction projects outside the United 
     States authorized by section 2101(b), $204,947,000.
       (3) For unspecified minor military construction projects 
     authorized by section 2805 of title 10, United States Code, 
     $20,000,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $168,023,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $549,636,000.
       (B) For support of military family housing (including the 
     functions described in section 2833 of title 10, United 
     States Code), $803,993,000.
       (6) For the construction of phase 3 of the Lewis & Clark 
     instructional facility at Fort Leavenworth, Kansas, 
     authorized by section 2101(a) of the Military Construction 
     Authorization Act for Fiscal Year 2003 (division B of Public 
     Law 107-314; 116 Stat. 2681), $42,642,000.
       (7) For the construction of phase 2 of a barracks complex 
     at Vilseck, Germany, authorized by section 2101(b) of the 
     Military Construction Authorization Act for Fiscal Year 2004 
     (division B of Public Law 108-136; 117 Stat. 1697), as 
     amended by section 2105 of this Act, $13,600,000.
       (8) For the construction of phase 2 of the Drum Road 
     upgrade at Helemano Military Reservation, Hawaii, authorized 
     by section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2005 (division B of Public Law 108-375; 
     118 Stat. 2101), $41,000,000.
       (9) For the construction of phase 2 a vehicle maintenance 
     facility at Schofield Barracks, Hawaii, authorized by section 
     2101(a) of the Military Construction Authorization Act for 
     Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 
     2101), $24,656,000.
       (10) For the construction of phase 2 of a barracks complex, 
     at Fort Campbell, Kentucky, authorized by section 2101(a) of 
     the Military Construction Authorization Act for Fiscal Year 
     2005 (division B of Public Law 108-375; 118 Stat. 2101), 
     $24,650,000.
       (11) For the construction of phase 2 of trainee barracks, 
     Basic Training Complex 1 at Fort

[[Page 11284]]

     Knox, Kentucky, authorized by section 2101(a) of the Military 
     Construction Authorization Act of Fiscal Year 2005 (division 
     B of Public Law 108-375; 118 Stat. 2101), $21,000,000.
       (12) For the construction of phase 2 of a library and 
     learning center at the United States Military Academy, West 
     Point, New York, authorized by section 2101(a) of the 
     Military Construction Authorization Act for Fiscal Year 2005 
     (division B of Public Law 108-375; 118 Stat. 2101), 
     $25,470,000.
       (13) For the construction of phase 2 of a barracks complex 
     renewal project at Fort Bragg, North Carolina, authorized by 
     section 2101(a) of the Military Construction Authorization 
     Act for Fiscal Year 2005 (division B of Public Law 108-375; 
     118 Stat. 2101), $30,611,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2101 of this Act may not exceed the 
     sum of the following:
       (1) The total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a).
       (2) $16,500,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks complex for 
     Fort Drum, New York).
       (3) $31,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks complex for 
     the 2nd Brigade at Fort Bragg, North Carolina).
       (4) $50,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks complex for 
     the 3nd Brigade at Fort Bragg, North Carolina).
       (5) $77,400,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a barracks complex for 
     divisional artillery at Fort Bragg, North Carolina).
       (6) $13,000,000 (the balance of the amount authorized under 
     section 2101(a) for construction of a defense access road for 
     Fort Belvoir, Virginia.

     SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2004 PROJECT.

       (a) Modification of Outside the United States Project.--The 
     table in section 2101(b) of the Military Construction 
     Authorization Act for Fiscal Year 2004 (division B of Public 
     Law 108-136; 117 Stat. 1698) is amended--
       (1) in the item relating to Vilseck, Germany, by striking 
     ``$31,000,000'' in the amount column and inserting 
     ``$26,000,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$226,900,000''.
       (b) Conforming Amendment.--Section 2104(b)(6) of that Act 
     (117 Stat. 1700) is amended by striking ``$18,900,000'' and 
     inserting ``$13,900,000''.

                             TITLE II--NAVY

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

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

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


                     Navy: Inside the United States
------------------------------------------------------------------------
            State             Installation or Location       Amount
------------------------------------------------------------------------
Arizona.....................  Marine Corps Air                $3,637,000
                               Station, Yuma.
California..................  Air-Ground Combat              $24,000,000
                               Center, Twentynine
                               Palms.
                              Marine Corps Air                $1,400,000
                               Station, Camp Pendelton.
                              Marine Corps Air                $5,070,000
                               Station, Miramar.
                              Marine Corps Base, Camp        $90,437,000
                               Pendleton.
                              Naval Air Station,              $8,480,000
                               Lemoore.
                              Naval Air Station, North       $13,700,000
                               Island.
                              Naval Air Warfare              $19,158,000
                               Center, China Lake.
                              Naval Postgraduate              $6,500,000
                               School.
Florida.....................  Diving&Salvage Training         $9,678,000
                               Center, Panama City.
                              Naval Air Station,             $88,603,000
                               Jacksonville.
                              Naval Air Station,              $8,710,000
                               Pensacola.
                              Naval Station, Mayport..       $15,220,000
Georgia.....................  Naval Submarine Base,           $6,890,000
                               Kings Bay.
                              Marine Corps Logistics          $5,840,000
                               Base, Albany.
Hawaii......................  Marine Corps Air                $5,700,000
                               Station, Kaneohe Bay.
                              Naval Base, Pearl Harbor       $29,700,000
Illinois....................   Recruit Training             $167,750,000
                               Command, Great Lakes.
Maryland....................  Naval Air Warfare               $5,800,000
                               Center, Patuxent River.
                              Naval Surface Warfare          $13,460,000
                               Center, Indian Head.
                              United States Naval            $51,720,000
                               Academy, Annapolis.
New Hampshire...............  Portsmouth Naval                $8,100,000
                               Shipyard.
North Carolina..............  Marine Corps Air               $29,147,000
                               Station, Cherry Point.
                               Marine Corps Air               $6,840,000
                               Station, New River.
                              Marine Corps Base, Camp        $44,590,000
                               Lejeune.
Pennsylvania................  Naval Station Weapons           $4,780,000
                               Center, Philadelphia.
Rhode Island................  Naval Station, Newport..        $4,870,000
Texas.......................  Naval Air Station,             $16,040,000
                               Kingsville.
Virginia....................  Marine Corps Air Field,        $19,698,000
                               Quantico.
                              Marine Corps Base,              $4,270,000
                               Quantico.
                              Naval Air Station,             $11,680,000
                               Oceana.
                              Naval Amphibious Base,         $36,034,000
                               Little Creek.
                              Naval Station, Norfolk..      $111,033,000
Washington..................  Naval Station, Everett..       $70,950,000
                              Naval Submarine Base,          $60,160,000
                               Bangor.
                              Naval Air Station,              $4,010,000
                               Whidbey Island.
------------------------------------------------------------------------

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


[[Page 11285]]



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

     SEC. 2202. FAMILY HOUSING.

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


                                              Navy: Family Housing
----------------------------------------------------------------------------------------------------------------
                  State                       Installation or Location             Units              Amount
----------------------------------------------------------------------------------------------------------------
Guam....................................  Commander Naval Region,          126..................     $43,495,000
                                           Marianas.
----------------------------------------------------------------------------------------------------------------

     SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

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

     SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2005, for military construction, land 
     acquisition, and military family housing functions of the 
     Department of the Navy in the total amount of $1,916,779,000, 
     as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2201(a), $802,311,000.
       (2) For military construction projects outside the United 
     States authorized by section 2201(b), $25,584,000.
       (3) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $36,029,000.
       (4) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $218,942,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $588,660,000.
       (5) For the construction of increment 3 of the general 
     purpose berthing pier at Naval Weapons Station, Earle, New 
     Jersey, authorized by section 2201(a) of the Military 
     Construction Authorization Act for Fiscal Year 2004 (division 
     B of Public Law 108-136; 117 Stat. 1704), as amended by 
     section 2205 of this Act, $54,432,000.
       (6) For the construction of increment 3 of pier 11 
     replacement at Naval Station, Norfolk, Virginia, authorized 
     by section 2201(a) of the Military Construction Authorization 
     Act for Fiscal Year 2004 (division B of Public Law 108-136; 
     117 Stat. 1704), $40,200,000.
       (7) For the construction of increment 2 of the apron and 
     hangar at Naval Air Facility, El Centro, California, 
     authorized by section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2005 (division B of Public 
     Law 108-375; 118 Stat. 2105), $18,666,000.
       (8) For the construction of increment 2 of the White Side 
     complex, Marine Corps Air Facility, Quantico, Virginia, 
     authorized by section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2005 (division B of Public 
     Law 108-375; 118 Stat. 2105), $34,730,000.
       (9) For the construction of increment 2 of the limited area 
     production and storage complex at Strategic Weapons Facility 
     Pacific, Bangor, Washington, authorized by section 2201(a) of 
     the Military Construction Authorization Act for Fiscal Year 
     2005 (division B of Public Law 108-375; 118 Stat. 2106), as 
     amended by section 2206 of this Act, $47,095,000.
       (10) For the construction of increment 2 of the lab 
     consolidation at Strategic Weapons Facility Pacific, Bangor, 
     Washington authorized by section 2201(a) of the Military 
     Construction Authorization Act for Fiscal Year 2005 (division 
     B of Public Law 108-375; 118 Stat. 2106), as amended by 
     section 2206 of this Act, $9,430,000.
       (11) For the construction of increment 2 of the 
     presidential helicopter programs support facility at Naval 
     Air Station, Patuxent River, Maryland, authorized by section 
     2201(c) of the Military Construction Authorization Act for 
     Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 
     2106), as amended by section 2206 of this Act, $40,700,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2201 of this Act may not exceed the 
     sum of the following:
       (1) The total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a).
       (2) $37,721,000 (the balance of the amount authorized under 
     section 2201(a) for a reclamation and conveyance project for 
     Camp Pendleton, California).
       (3) $43,424,000 (the balance of the amount authorized under 
     section 2201(a) for a helicopter hangar replacement at Naval 
     Air Station, Jacksonville, Florida).
       (4) $45,850,000 (the balance of the amount authorized under 
     section 2201(a) for infrastructure upgrades to Recruit 
     Training Command, Great Lakes, Illinois).
       (5) $26,790,000 (the balance of the amount authorized under 
     section 2201(a) for construction of a field house at United 
     States Naval Academy, Annapolis, Maryland).
       (6) $31,059,000 (the balance of the amount authorized under 
     section 2201(a) for replacement of Ship Repair Pier 3 at 
     Norfolk Naval Shipyard, Virginia).
       (7) $21,000,000 (the balance of the amount authorized under 
     section 2201(a) for construction of bachelor quarters for 
     Naval Station, Everett, Washington).
       (8) $29,889,000 (the balance of the amount authorized under 
     section 2201(b) for wharf upgrades at Naval Station, Guam).

     SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2004 PROJECT.

       (a) Modification of Inside the United States Project.--The 
     table in section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2004 (division B of Public 
     Law 108-136; 117 Stat. 1703) is amended--
       (1) in the item relating to Naval Weapons Station, Earle, 
     New Jersey, by striking ``$123,720,000'' in the amount column 
     and inserting ``$140,372,000''; and
       (2) by striking the amount identified as the total in the 
     amount column and inserting ``$1,352,524,000''.
       (b) Conforming Amendment.--Section 2204(b)(4) of that Act 
     (117 Stat. 1706) is amended by striking ``$96,980,000'' and 
     inserting ``$113,632,000''.

     SEC. 2206. MODIFICATIONS OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2005 PROJECTS.

       (a) Modification of Inside the United States Projects.--The 
     table in section 2201(a) of the Military Construction 
     Authorization Act for Fiscal Year 2005 (division B of Public 
     Law 108-375; 118 Stat. 2105) is amended--
       (1) in the item relating to Marine Corps Air Facility, 
     Quantico, Virginia, by striking ``$73,838,000'' in the amount 
     column and inserting ``$74,462,000'';
       (2) in the item relating to Strategic Weapons Facility 
     Pacific, Bangor, Washington, by striking ``$138,060,000'' in 
     the amount column and inserting ``$147,760,000''; and
       (3) by striking the amount identified as the total in the 
     amount column and inserting ``$962,379,000''.
       (b) Conforming Amendments.--Section 2204(b) of that Act 
     (118 Stat. 2107) is amended--
       (1) in paragraph (4), by striking ``$34,098,000'' and 
     inserting ``$34,722,000'';
       (2) by redesignating paragraph (7) as paragraph (8) and, in 
     such paragraph--
       (A) by striking ``$65,982,000'' and inserting 
     ``$66,614,000''; and
       (B) by striking ``at an unspecified location'' and 
     inserting ``at Naval Air Station, Patuxent River, Maryland''; 
     and
       (3) by inserting after paragraph (6) the following new 
     paragraph (7):
       ``(7) $9,700,000 (the balance of the amount authorized 
     under section 2201(a) for naval laboratory consolidation, 
     Strategic Weapons Facility Pacific, Bangor, Washington).''.

                          TITLE III--AIR FORCE

2301. Authorized Air Force construction and land acquisition projects.
2302. Family housing.
2303. Improvements to military family housing units.

[[Page 11286]]

2304. Authorization of appropriations, Air Force.

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

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


                                       Air Force: Inside the United States
----------------------------------------------------------------------------------------------------------------
                    State                                 Installation or Location                   Amount
----------------------------------------------------------------------------------------------------------------
Alabama.....................................  Maxwell Air Force Base..........................       $14,900,000
Alaska......................................  Clear Air Force Base............................       $20,000,000
                                              Elmendorf Air Force Base........................       $84,820,000
Arizona.....................................  Davis-Monthan Air Force Base....................        $8,600,000
                                              Luke Air Force Base.............................       $13,000,000
Arkansas....................................  Little Rock Air Force Base......................        $8,900,000
California..................................  Beale Air Force Base............................       $14,200,000
                                              Edwards Air Force Base..........................      $103,000,000
                                              Travis Air Force Base...........................       $31,600,000
                                              Vandenberg Air Force Base.......................       $16,845,000
Colorado....................................  Buckley Air Force Base..........................       $20,100,000
                                              Peterson Air Force Base.........................       $25,500,000
                                              United States Air Force Academy.................       $13,000,000
Delaware....................................  Dover Air Force Base............................       $19,000,000
District of Columbia........................  Bolling Air Force Base..........................       $14,900,000
Florida.....................................  Hurlburt Field..................................        $2,540,000
                                              MacDill Air Force Base..........................      $107,200,000
                                              Tyndall Air Force Base..........................       $21,500,000
Georgia.....................................  Robins Air Force Base...........................        $7,600,000
Hawaii......................................  Hickam Air Force Base...........................       $13,378,000
Idaho.......................................  Mountain Home Air Force Base....................        $9,835,000
Massachusetts...............................  Hanscom Air Force Base..........................       $10,000,000
Mississippi.................................  Keesler Air Force Base..........................       $47,500,000
Missouri....................................  Whiteman Air Force Base.........................        $5,721,000
Nebraska....................................  Offutt Air Force Base...........................       $50,280,000
Nevada......................................  Indian Springs Auxiliary Field..................       $60,724,000
                                              Nellis Air Force Base...........................       $23,311,000
New Jersey..................................  McGuire Air Force Base..........................       $13,185,000
New Mexico..................................  Kirtland Air Force Base.........................        $6,600,000
North Dakota................................  Minot Air Force Base............................        $8,700,000
Ohio........................................  Wright Patterson Air Force Base.................       $32,620,000
Oklahoma....................................  Tinker Air Force Base...........................       $31,960,000
South Carolina..............................  Charleston Air Force Base.......................        $2,583,000
                                              Shaw Air Force Base.............................       $16,030,000
Texas.......................................  Goodfellow Air Force Base.......................        $4,300,000
                                              Laughlin Air Force Base.........................        $7,900,000
                                              Sheppard Air Force Base.........................       $36,000,000
Utah........................................  Hill Air Force Base.............................       $24,100,000
Virginia....................................  Langley Air Force Base..........................       $44,365,000
----------------------------------------------------------------------------------------------------------------

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


                  Air Force: Outside the United States
------------------------------------------------------------------------
           Country              Installation or Location      Amount
------------------------------------------------------------------------
Germany......................  Ramstein Air Base........     $11,650,000
                               Spangdahlem Air Base.....     $12,474,000
Guam.........................  Andersen Air Base........     $18,500,000
Italy........................  Aviano Air Base..........     $22,660,000
Korea........................  Kunsan Air Base..........     $50,900,000
                               Osan Air Base............     $40,719,000
Portugal.....................  Lajes Field, Azores......     $12,000,000
Turkey.......................  Incirlik Air Base........      $5,780,000
United Kingdom...............  Royal Air Force                $5,125,000
                                Lakenheath.
                               Royal Air Force               $13,500,000
                                Mildenhall.
------------------------------------------------------------------------

     SEC. 2302. FAMILY HOUSING.

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


                                            Air Force: Family Housing
----------------------------------------------------------------------------------------------------------------
            State or Country                  Installation or Location             Units              Amount
----------------------------------------------------------------------------------------------------------------
Alaska..................................  Eielson Air Force Base.........  392..................     $55,794,000
California..............................  Edwards Air Force Base.........   226.................     $59,699,000
District of Columbia....................  Bolling Air Force Base.........  157..................     $48,223,000
Florida.................................  MacDill Air Force Base.........  109..................     $40,982,000
Idaho...................................  Mountain Home Air Force Base...  194..................     $56,467,000

[[Page 11287]]

 
Missouri................................  Whiteman Air Force Base........  111..................     $26,917,000
Montana.................................  Malmstrom Air Force Base.......  296..................     $68,971,000
North Carolina..........................  Seymour Johnson Air Force Base.   255.................     $48,868,000
North Dakota............................  Grand Forks Air Force Base.....  300..................     $86,706,000
                                          Minot Air Force Base...........  223..................     $44,548,000
South Carolina..........................  Charleston Air Force Base......  10...................     $15,935,000
South Dakota............................  Ellsworth Air Force Base.......   60..................     $14,383,000
Texas...................................  Dyess Air Force Base...........  190..................     $43,016,000
Germany.................................  Ramstein Air Base..............  101..................     $62,952,000
                                          Spangdahlem Air Base...........  79...................     $45,385,000
Turkey..................................  Incirlik Air Base..............  100..................     $22,730,000
United Kingdom..........................  Royal Air Force Lakenheath.....  107..................     $48,437,000
----------------------------------------------------------------------------------------------------------------

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

     SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

       Subject to section 2825 of title 10, United States Code, 
     and using amounts appropriated pursuant to the authorization 
     of appropriations in section 2304(a)(5)(A), the Secretary of 
     the Air Force may improve existing military family housing 
     units in an amount not to exceed $409,103,000.

     SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated for fiscal years beginning 
     after September 30, 2005, for military construction, land 
     acquisition, and military family housing functions of the 
     Department of the Air Force in the total amount of 
     $3,162,877,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2301(a), $871,297,000.
       (2) For military construction projects outside the United 
     States authorized by section 2301(b), $193,308,000.
       (3) For unspecified minor military construction projects 
     authorized by section 2805 of title 10, United States Code, 
     $15,000,000.
       (4) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $91,733,000.
       (5) For military family housing functions:
       (A) For construction and acquisition, planning and design, 
     and improvement of military family housing and facilities, 
     $1,236,220,000.
       (B) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $755,319,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2301 of this Act may not exceed the 
     total amount authorized to be appropriated under paragraphs 
     (1) and (2) of subsection (a):
       (1) The total amount authorized to be appropriated under 
     paragraphs (1) and (2) of subsection (a).
       (2) $30,000,000 (the balance of the amount authorized under 
     section 2301(a) for construction of a C-17 maintenance 
     complex at Elmendorf Air Force Base, Alaska).
       (3) $66,000,000 (the balance of the amount authorized under 
     section 2301(a) for construction of a main base runway at 
     Edwards Air Force Base, California).
       (4) $29,000,000 (the balance of the amount authorized under 
     section 2301(a) for construction of a joint intelligence 
     center at MacDill Air Force Base, Florida.)

                       TITLE IV--DEFENSE AGENCIES

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

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

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


                       Defense Education Activity
------------------------------------------------------------------------
            State             Installation or Location       Amount
------------------------------------------------------------------------
Georgia.....................  Fort Stewart/Hunter Army       $16,629,000
                               Air Field.
North Carolina..............  Fort Bragg..............       $18,075,000
------------------------------------------------------------------------



                       Defense Intelligence Agency
------------------------------------------------------------------------
            State             Installation or Location       Amount
------------------------------------------------------------------------
District of Columbia........  Bolling Air Force Base..        $7,900,000
------------------------------------------------------------------------



                        Defense Logistics Agency
------------------------------------------------------------------------
            State             Installation or Location       Amount
------------------------------------------------------------------------
Arizona.....................  Yuma Proving Ground.....        $7,300,000
California..................  Defense Distribution           $33,635,000
                               Depot, Tracy.
                              Miramar.................       $23,000,000
Kansas......................  McConnell Air Force Base       $15,800,000
New Mexico..................  Cannon Air Force Base...       $13,200,000
North Carolina..............  Seymour Johnson Air            $18,500,000
                               Force Base.
Pennsylvania................  Defense Distribution            $6,500,000
                               Depot, New Cumberland.
Virginia....................  Fort Belvoir............        $4,500,000
                              Naval Station, Norfolk..        $6,700,000
------------------------------------------------------------------------



                        National Security Agency
------------------------------------------------------------------------
            State             Installation or Location       Amount
------------------------------------------------------------------------
Georgia.....................  Augusta.................       $61,466,000
Maryland....................  Fort Meade..............       $28,049,000
------------------------------------------------------------------------



[[Page 11288]]


                       Special Operations Command
------------------------------------------------------------------------
            State             Installation or Location       Amount
------------------------------------------------------------------------
California..................  Naval Surface Warfare          $28,350,000
                               Center, Coronado.
Florida.....................  Hurlburt Field..........        $6,500,000
                              Eglin Air Force Base....       $12,800,000
Georgia.....................  Fort Stewart/Hunter Army       $10,000,000
                               Air Field.
Kentucky....................  Fort Campbell...........       $37,800,000
North Carolina..............  Fort Bragg..............       $14,769,000
Washington..................  Fort Lewis..............       $53,300,000
------------------------------------------------------------------------



                       TRICARE Management Activity
------------------------------------------------------------------------
            State             Installation or Location       Amount
------------------------------------------------------------------------
California..................  Beale Air Force Base....       $18,000,000
                              Naval Hospital, San            $15,000,000
                               Diego.
Colorado....................  Peterson Air Force Base.        $1,820,000
Maryland....................  Fort Detrick............       $55,200,000
                              Uniformed Services             $10,350,000
                               University, Bethesda.
Mississippi.................  Keesler Air Force Base..       $14,000,000
Nevada......................  Nellis Air Force Base...        $1,700,000
South Carolina..............  Charleston..............       $35,000,000
Texas.......................  Lackland Air Force Base.       $11,000,000
------------------------------------------------------------------------

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


                       Defense Education Activity
------------------------------------------------------------------------
          Location              Installation or City         Amount
------------------------------------------------------------------------
Germany.....................  Landstuhl...............        $6,543,000
                              Vilseck.................        $2,323,000
Guam........................  Agana...................       $40,578,000
Korea.......................  Taegu...................        $8,231,000
Spain.......................  Naval Station, Rota.....        $7,963,000
------------------------------------------------------------------------



                        Defense Logistics Agency
------------------------------------------------------------------------
          Location              Installation or City         Amount
------------------------------------------------------------------------
Greece......................  Souda Bay...............        $7,089,000
------------------------------------------------------------------------



                         Missile Defense Agency
------------------------------------------------------------------------
          Location              Installation or City         Amount
------------------------------------------------------------------------
Kwajalein...................  Kwajalein Atoll.........        $4,901,000
------------------------------------------------------------------------



                        National Security Agency
------------------------------------------------------------------------
          Location              Installation or City         Amount
------------------------------------------------------------------------
United Kingdom..............  Menwith Hill............       $44,997,000
------------------------------------------------------------------------



                       TRICARE Management Activity
------------------------------------------------------------------------
          Location                Installation or City        Amount
------------------------------------------------------------------------
Bahrain......................  .........................      $4,750,000
------------------------------------------------------------------------

     SEC. 2402. ENERGY CONSERVATION PROJECTS.

       Using amounts appropriated pursuant to the authorization of 
     appropriations in section 2403(a)(6), the Secretary of 
     Defense may carry out energy conservation projects under 
     section 2865 of title 10, United States Code, in the amount 
     of $50,000,000.

     SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

       (a) In General.--Funds are hereby authorized to be 
     appropriated for fiscal years beginning after September 30, 
     2005, for military construction, land acquisition, and 
     military family housing functions of the Department of 
     Defense (other than the military departments) in the total 
     amount of $2,973,848,000, as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2401(a), $586,843,000.
       (2) For military construction projects outside the United 
     States authorized by section 2401(b), $126,404,000.
       (3) For unspecified minor military construction projects 
     under section 2805 of title 10, United States Code, 
     $15,736,000.
       (4) For contingency construction projects of the Secretary 
     of Defense under section 2804 of title 10, United States 
     Code, $5,000,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $135,681,000.
       (6) For energy conservation projects authorized by section 
     2402 of this Act, $50,000,000.
       (7) For base closure and realignment activities as 
     authorized by the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note) and funded through the Department of Defense Base

[[Page 11289]]

     Closure Account 1990 established by section 2906 of such Act, 
     $377,827,000.
       (8) For base closure and realignment activities as 
     authorized by the Defense Base Closure and Realignment Act of 
     1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 
     2687 note) and funded through the Department of Defense Base 
     Closure Account 2005 established by section 2906A of such 
     Act, $1,570,466,000.
       (9) For military family housing functions:
       (A) For support of military family housing (including 
     functions described in section 2833 of title 10, United 
     States Code), $46,391,000.
       (B) For credit to the Department of Defense Family Housing 
     Improvement Fund established by section 2883(a)(1) of title 
     10, United States Code, $2,500,000.
       (10) For the construction of increment 2 of the hospital 
     replacement at Fort Belvoir, Virginia, authorized by section 
     2401(a) of the Military Construction Authorization Act for 
     Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 
     2112), $57,000,000.
       (b) Limitation on Total Cost of Construction Projects.--
     Notwithstanding the cost variations authorized by section 
     2853 of title 10, United States Code, and any other cost 
     variation authorized by law, the total cost of all projects 
     carried out under section 2401 of this Act may not exceed the 
     total amount authorized to be appropriated under paragraphs 
     (1) and (2) of subsection (a).

TITLE V--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

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

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

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

     SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

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

             TITLE VI--GUARD AND RESERVE FORCES FACILITIES

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

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

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2005, for the costs of 
     acquisition, architectural and engineering services, and 
     construction of facilities for the Guard and Reserve Forces, 
     and for contributions therefor, under chapter 1803 of title 
     10, United States Code (including the cost of acquisition of 
     land for those facilities), the following amounts:
       (1) For the Department of the Army--
       (A) for the Army National Guard of the United States, 
     $410,624,000; and
       (B) for the Army Reserve, $138,425,000.
       (2) For the Department of the Navy, for the Naval and 
     Marine Corps Reserve, $45,226,000.
       (3) For the Department of the Air Force--
       (A) for the Air National Guard of the United States, 
     $225,727,000; and
       (B) for the Air Force Reserve, $110,847,000.

         TITLE VII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

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

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

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

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

       (a) Extension.--Notwithstanding section 2701 of the 
     Military Construction Authorization Act for Fiscal Year 2003 
     (division B of Public Law 107-314; 116 Stat. 2700), 
     authorizations set forth in the tables in subsection (b), as 
     provided in section 2301, 2302, or 2401 of that Act, shall 
     remain in effect until October 1, 2006, or the date of the 
     enactment of an Act authorizing funds for military 
     construction for fiscal year 2007, whichever is later.
       (b) Tables.--The tables referred to in subsection (a) are 
     as follows:


           Air Force: Extension of 2003 Project Authorizations
------------------------------------------------------------------------
  Installation or Location             Project               Amount
------------------------------------------------------------------------
Aviano Air Base, Italy......  Area consolidation......        $5,000,000
Eglin Air Force Base,         Family housing (134            $15,906,000
 Florida.                      units).
                              Family housing office...          $597,000
Keesler Air Force Base,       Family housing (117            $16,505,000
 Mississippi.                  units).
Randolph Air Force Base,      Family housing (112            $14,311,000
 Texas.                        units).
                              Housing maintenance               $447,000
                               facility.
------------------------------------------------------------------------



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

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

       (a) Extension and Renewal.--Notwithstanding section 2701 of 
     the Military Construction Authorization Act for Fiscal Year 
     2002 (division B of Public Law 107-107; 115 Stat. 1301), 
     authorizations set forth in the tables in subsection (b), as 
     provided in section 2101 or 2302 of that Act and extended by 
     section 2702 of the Military Construction Authorization Act 
     for Fiscal Year 2005 (division B of Public Law 108-375; 118 
     Stat. 2116), shall remain in effect until October 1, 2006, or 
     the date of the enactment of an Act authorizing funds for 
     military construction for fiscal year 2007, whichever is 
     later.
       (b) Tables.--The tables referred to in subsection (a) are 
     as follows:


              Army: Extension of 2002 Project Authorization
------------------------------------------------------------------------
  Installation or Location             Project               Amount
------------------------------------------------------------------------
Pohakuloa Training Area,      Land acquisition........        $1,500,000
 Hawaii.
------------------------------------------------------------------------



[[Page 11290]]


           Air Force: Extension of 2002 Project Authorization
------------------------------------------------------------------------
  Installation or Location             Project               Amount
------------------------------------------------------------------------
Barksdale Air Force Base,     Family housing (56              $7,300,000
 Louisiana.                    units).
------------------------------------------------------------------------

     SEC. 2704. EFFECTIVE DATE.

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

                     TITLE VIII--GENERAL PROVISIONS

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

2801. Modification of congressional notification requirements for 
              certain military construction activities.
2802. Improve availability and timeliness of Department of Defense 
              information regarding military construction and family 
              housing accounts and activities.
2803. Expansion of authority to convey property at military 
              installations to support military construction.
2804. Effect of failure to submit required report on need for general 
              and flag officers quarters in National Capital Region.
2805. One-year extension of temporary, limited authority to use 
              operation and maintenance funds for construction projects 
              outside the United States.
2806. Clarification of moratorium on certain improvements at Fort 
              Buchanan, Puerto Rico.

        Subtitle B--Real Property and Facilities Administration

2811. Consolidation of Department of Defense land acquisition 
              authorities and limitations on use of such authorities.
2812. Report on use of utility system conveyance authority and 
              temporary suspension of authority pending report.
2813. Authorized military uses of Papago Park Military Reservation, 
              Phoenix, Arizona.

                Subtitle C--Base Closure and Realignment

2821. Additional reporting requirements regarding base closure process 
              and use of Department of Defense base closure accounts.
2822. Termination of project authorizations for military installations 
              approved for closure in 2005 round of base realignments 
              and closures.
2823. Expanded availability of adjustment and diversification 
              assistance for communities adversely affected by mission 
              realignments in base closure process.
2824. Sense of Congress regarding consideration of national defense 
              industrial base interests during Base Closure and 
              Realignment Commission review of Department of Defense 
              base closure and realignment recommendations.

                      Subtitle D--Land Conveyances

                        Part I--Army Conveyances

2831. Modification of land conveyance, Engineer Proving Ground, Fort 
              Belvoir, Virginia.
2832. Land conveyance, Army Reserve Center, Bothell, Washington.

                       Part II--Navy Conveyances

2841. Land conveyance, Marine Corps Air Station, Miramar, San Diego, 
              California.

                    Part III--Air Force Conveyances

2851. Purchase of build-to-lease family housing, Eielson Air Force 
              Base, Alaska.
2852. Land conveyance, Air Force property, Jacksonville, Arkansas.

                       Subtitle E--Other Matters

2861. Lease authority, Army Heritage and Education Center, Carlisle, 
              Pennsylvania.
2862. Redesignation of McEntire Air National Guard Station, South 
              Carolina, as McEntire Joint National Guard Base.
2863. Assessment of water needs for Presidio of Monterey and Ord 
              Military Community.

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

     SEC. 2801. MODIFICATION OF CONGRESSIONAL NOTIFICATION 
                   REQUIREMENTS FOR CERTAIN MILITARY CONSTRUCTION 
                   ACTIVITIES.

       (a) Contingency Construction.--Section 2804(b) of title 10, 
     United States Code, is amended--
       (1) by striking ``21-day period'' and inserting ``14-day 
     period''; and
       (2) by striking ``14-day period'' and inserting ``seven-day 
     period''.
       (b) Acquisition in Lieu of Construction.--Section 2813(c) 
     of such title is amended--
       (1) by striking ``30-day period'' and inserting ``21-day 
     period''; and
       (2) by striking ``21-day period'' and inserting ``14-day 
     period''.

     SEC. 2802. IMPROVE AVAILABILITY AND TIMELINESS OF DEPARTMENT 
                   OF DEFENSE INFORMATION REGARDING MILITARY 
                   CONSTRUCTION AND FAMILY HOUSING ACCOUNTS AND 
                   ACTIVITIES.

       (a) Maintenance of Information on Internet.--Section 2851 
     of title 10, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(c) Maintenance of Military Construction Information on 
     Internet; Access.--(1) The Secretary of Defense shall 
     maintain, as part of the Internet site of the Department of 
     Defense, a link that, when activated by a person authorized 
     under paragraph (3), will permit the person to access and 
     view on a separate page of the Internet site a document or 
     other file containing information regarding--
       ``(A) a specific military construction project or military 
     family housing project, including the information required by 
     paragraph (2); and
       ``(B) the accounts that are used to fund the project or 
     support the operation and maintenance of military family 
     housing.
       ``(2) The information required to be maintained under this 
     subsection shall include the following:
       ``(A) The solicitation date and award date (or anticipated 
     dates) for each contract entered into (or to be entered into) 
     by the United States in connection with a military 
     construction project or a military family housing project.
       ``(B) The contract recipient, contract award amount, and 
     current working estimate of the cost of the project.
       ``(C) The latest form 1391 for the project and the status 
     of design and construction for the project.
       ``(D) The date (or anticipated date) for completion of the 
     project.
       ``(E) If funds appropriated for the project exceed (or are 
     likely to exceed) the amount required to complete the 
     project, the amount of the excess and the purpose for which 
     the excess funds will be used.
       ``(F) If funds appropriated for the project are 
     insufficient (or are likely to be insufficient) to complete 
     the project, the additional amount necessary to complete the 
     project and the source of the additional funds.
       ``(G) For accounts such as planning and design, unspecified 
     minor construction, and family housing operation and 
     maintenance, detailed information regarding expenditures and 
     anticipated expenditures under these accounts and the 
     purposes for which the expenditures are made.
       ``(3) Access to the Internet page referred to in paragraph 
     (1) shall be restricted to the following persons:
       ``(A) Members of the congressional defense committees and 
     their staff.
       ``(B) Staff of the congressional defense committees.
       ``(4) The Secretary shall update the information required 
     to be maintained under this subsection as promptly as 
     practicable to ensure that the information is available to 
     persons referred to in paragraph (3) in a timely manner.''.
       (b) Stylistic Amendments.--Such section is further 
     amended--
       (1) in subsection (a), by inserting ``Supervision of 
     Military Department Projects._'' after ``(a)''; and
       (2) in subsection (b), by inserting ``Supervision of 
     Defense Agency Projects._'' after ``(b)''.

     SEC. 2803. EXPANSION OF AUTHORITY TO CONVEY PROPERTY AT 
                   MILITARY INSTALLATIONS TO SUPPORT MILITARY 
                   CONSTRUCTION.

       (a) Inclusion of All Military Installations.--Subsection 
     (a) of section 2869 of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) by inserting ``(1)'' before ``The Secretary 
     concerned'';
       (3) by striking ``located on a military installation that 
     is closed or realigned under a base closure law'' and 
     inserting ``described in paragraph (2)''; and
       (4) by adding at the end the following new paragraph:
       ``(2) Paragraph (1) applies with respect to real property 
     under the jurisdiction of the Secretary concerned that--
       ``(A) is located on a military installation that is closed 
     or realigned under a base closure law; or
       ``(B) is determined to be surplus to the needs of the 
     Federal Government.''.
       (b) Advance Notice of Use of Authority; Content of 
     Notice.--Subsection (d) of such section is amended--
       (1) in paragraph (1), by striking ``closed or realigned 
     under the base closure laws is to be conveyed'' and inserting 
     ``is proposed for conveyance'';
       (2) by striking paragraph (2) and inserting the following 
     new paragraph:
       ``(2) The Secretary concerned may not enter into an 
     agreement under subsection (a) for the conveyance of real 
     property until--
       ``(A) the Secretary submits to Congress notice of the 
     conveyance, including--
       ``(i) the military construction activities, military family 
     housing, or military unaccompanied housing to be obtained in 
     exchange for the conveyance of the property; and

[[Page 11291]]

       ``(ii) the amount of any payment to be made under 
     subsection (b) by the recipient of the property to equalize 
     the fair market values of the property to be conveyed and the 
     military construction activities, military family housing, or 
     military unaccompanied housing to be obtained in exchange for 
     the property; and
       ``(B) a period of 21 days has elapsed from the date of 
     receipt of the notice or, if over sooner, a period of 14 days 
     has elapsed from the date on which a copy of the notice is 
     provided in an electronic medium pursuant to section 480 of 
     this title''.
       (c) Deposit and Use of Funds.--Subsection (e) of such 
     section is amended to read as follows:
       ``(e) Deposit and Use of Funds.--(1) The Secretary 
     concerned shall deposit funds received under subsection (b) 
     in the appropriation `Foreign Currency Fluctuations, 
     Construction, Defense'.
       ``(2) The funds deposited under paragraph (1) shall be 
     available, in such amounts as provided in appropriation Acts, 
     for the purpose of paying increased costs of overseas 
     military construction and family housing construction or 
     improvement associated with unfavorable fluctuations in 
     currency exchange rates. The use of such funds for this 
     purpose does not relieve the Secretary concerned from the 
     duty to provide advance notice to Congress under section 
     2853(c) of this title whenever the Secretary approves an 
     increase in the cost of an overseas project under such 
     section.''.
       (d) Annual Reports; Effect of Failure to Submit.--
     Subsection (f) of such section is amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (2) in subparagraph (C), as so redesignated, by inserting 
     before the period at the end the following: ``and of surplus 
     real property at military installations'';
       (3) by striking ``(f)'' and all that follows through ``the 
     following:'' and inserting the following:
       ``(f) Annual Reports; Effect of Failure to Submit.--(1) Not 
     later than March 15 of each year, the Secretary of Defense 
     shall submit to Congress a report detailing the following:''; 
     and
       (4) by adding at the end the following new paragraph:
       ``(2) If the report for a year is not submitted to Congress 
     by the date specified in paragraph (1), the Secretary 
     concerned may not enter into an agreement under subsection 
     (a) after that date for the conveyance of real property until 
     the date on which the report is finally submitted.''.
       (e) Clerical Amendments.--
       (1) Section heading.--The heading for such section is 
     amended to read as follows:

     ``Sec. 2869. Conveyance of property at military installations 
       to support military construction''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 169 of such title is amended by striking 
     the item relating to section 2869 and inserting the following 
     new item:

``2689. Conveyance of property at military installations to support 
              military construction.''.

       (f) Conforming Amendments to Other Laws.--Section 2883(c) 
     of such title is amended--
       (1) in paragraph (1), by striking subparagraph (F); and
       (2) in paragraph (2), by striking subparagraph (F).

     SEC. 2804. EFFECT OF FAILURE TO SUBMIT REQUIRED REPORT ON 
                   NEED FOR GENERAL AND FLAG OFFICERS QUARTERS IN 
                   NATIONAL CAPITAL REGION.

       Section 2802(c) of the Military Construction Authorization 
     Act for Fiscal Year 2005 (division B of Public Law 108-375; 
     118 Stat. 2120) is amended--
       (1) by inserting ``(1)'' before ``Not later than March 30, 
     2005,''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Until the report required by this subsection is 
     submitted to the congressional defense committees, amounts 
     appropriated for the Department of Defense for fiscal year 
     2006 may not be used for the operation, maintenance, or 
     repair of housing units for general officers and flag 
     officers in the National Capital Region.''.

     SEC. 2805. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY 
                   TO USE OPERATION AND MAINTENANCE FUNDS FOR 
                   CONSTRUCTION PROJECTS OUTSIDE THE UNITED 
                   STATES.

       (a) Conditional Extension.--Section 2808 of the Military 
     Construction Authorization Act for Fiscal Year 2004 (division 
     B of Public Law 108-136; 117 Stat. 1723), as amended by 
     section 2810 of the Military Construction Authorization Act 
     for Fiscal Year 2005 (division B of Public Law 108-375; 118 
     Stat. 2128), is further amended--
       (1) in subsection (a), by striking ``fiscal year 2005'' and 
     inserting ``fiscal years 2005 and 2006''; and
       (2) in subsection (d)(2)--
       (A) by striking ``during fiscal year 2005'' and inserting 
     ``during a fiscal year'';
       (B) by inserting ``for that fiscal year'' after 
     ``commence''; and
       (C) by striking ``for fiscal year 2004'' and inserting 
     ``for the preceding fiscal year''.
       (b) Advance Notice of Proposed Obligation of Funds.--
     Subsection (b) of such section 2808 is amended--
       (1) in the first sentence--
       (A) by striking ``Within seven days after'' and all that 
     follows through ``are first'' and inserting ``Not later than 
     seven days before the date on which appropriated funds 
     available for operation and maintenance will be first''; and
       (B) by striking ``the obligation'' and inserting ``the 
     proposed obligation'';
       (2) in paragraph (2), by striking ``are being obligated'' 
     and inserting ``will be obligated''; and
       (3) in paragraph (4), by striking ``obligated'' and 
     inserting ``to be obligated''.
       (c) Quarterly Reports; Effect of Failure to Submit.--
     Subsection (d) of such section 2808 is amended by striking 
     paragraph (1) and inserting the following new paragraph:
       ``(1) Not later than 30 days after the end of each fiscal-
     year quarter during which appropriated funds available for 
     operation and maintenance are obligated or expended to carry 
     out construction projects outside the United States, the 
     Secretary of Defense shall submit to the congressional 
     committees specified in subsection (f) a report on the 
     worldwide obligation and expenditure during that quarter of 
     such appropriated funds for such construction projects. If 
     the report for a fiscal-year quarter is not submitted to such 
     committees by the required date, appropriated funds available 
     for operation and maintenance may not be obligated or 
     expended after that date under the authority of this section 
     to carry out construction projects outside the United States 
     until the date on which the report is finally submitted.''.

     SEC. 2806. CLARIFICATION OF MORATORIUM ON CERTAIN 
                   IMPROVEMENTS AT FORT BUCHANAN, PUERTO RICO.

       (a) Exceptions to Moratorium.--Section 1507 of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted into law by Public Law 106-398; 114 Stat. 
     1654A-355) is amended--
       (1) in subsection (a), by striking ``conversion, 
     rehabilitation, extension, or improvement'' and inserting 
     ``or extension'';
       (2) in subsection (b)(1), by inserting ``, repair, or 
     convert'' after ``maintain''; and
       (3) in subsection (c), by striking ``conversion, 
     rehabilitation, extension, or improvement'' and inserting 
     ``or extension''.
       (b) Rule of Construction.--The amendments made by 
     subsection (a) do not trigger the termination of the 
     moratorium on certain improvements at Fort Buchanan, Puerto 
     Rico, as provided by subsection (c) of section 1507 of the 
     Floyd D. Spence National Defense Authorization Act for Fiscal 
     Year 2001.

        Subtitle B--Real Property and Facilities Administration

     SEC. 2811. CONSOLIDATION OF DEPARTMENT OF DEFENSE LAND 
                   ACQUISITION AUTHORITIES AND LIMITATIONS ON USE 
                   OF SUCH AUTHORITIES.

       (a) Land Acquisition Authority.--Chapter 159 of title 10, 
     United States Code, is amended--
       (1) in section 2663--
       (A) by striking the section heading and inserting the 
     following new section heading:

     ``Sec. 2663. Land acquisition authorities'';

       (B) in subsection (a)--
       (i) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively;
       (ii) in subparagraph (C), as so redesignated, by striking 
     ``clause (2)'' and inserting ``subparagraph (B)''; and
       (iii) by inserting ``Acquisition of Land by Condemnation 
     for Certain Military Purposes.--(1)'' before ``The 
     Secretary'' ;
       (C) by redesignating subsection (b) as paragraph (2) and, 
     in such paragraph, by striking ``subsection (a)'' and 
     inserting ``paragraph (1)'';
       (D) by redesignating subsection (c) as subsection (b) and, 
     in such subsection, by inserting ``Acquisition by Purchase in 
     Lieu of Condemnation.--'' before ``The Secretary''; and
       (E) by striking subsection (d);
       (2) by transferring subsections (a), (b), and (d) of 
     section 2672 to section 2663 and inserting such subsections 
     in that order after subsection (b), as redesignated by 
     paragraph (1)(D);
       (3) in subsection (a), as transferred by paragraph (2), by 
     striking ``(a) Acquisition Authority'' and inserting ``(c) 
     Acquisition of Low-cost Interests in Land'';
       (4) in subsection (b), as transferred by paragraph (2)--
       (A) by striking ``(b) Acquisition of Multiple Parcels.--
     This section'' and inserting ``(3) This subsection'';
       (B) by striking ``subsection (a)(1)'' and inserting 
     ``paragraph (1)''; and
       (C) by striking ``subsection (a)(2)'' and inserting 
     ``paragraph (2)'';
       (5) in subsection (d), as transferred by paragraph (2)--
       (A) by striking ``(d) Availability of Funds.--
     Appropriations'' and inserting ``(4) Appropriations''; and
       (B) by striking ``this section'' and inserting ``this 
     subsection'';
       (6) by transferring subsections (a), (c), and (b) of 
     section 2672a to section 2663 and inserting such subsections 
     in that order after subsection (c), as redesignated and 
     amended by paragraphs (3), (4), and (5);
       (7) in subsection (a), as transferred by paragraph (6)--
       (A) by redesignating paragraphs (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), respectively; and
       (B) by striking ``(a) The Secretary'' and inserting ``(d) 
     Acquisition of Interests in Land When Need Is Urgent.--(1) 
     The Secretary'';

[[Page 11292]]

       (8) in subsection (c), as transferred by paragraph (6)--
       (A) by striking ``(c)'' and inserting ``(2)''; and
       (B) by striking ``this section'' and inserting ``this 
     subsection'';
       (9) in subsection (b), as transferred by paragraph (6)--
       (A) by striking ``(b)'' and inserting ``(3)'';
       (B) by striking ``this section'' in the first sentence and 
     inserting ``this subsection''; and
       (C) by striking the second sentence;
       (10) by transferring subsection (b) of section 2676 to 
     section 2663 and inserting such subsection after subsection 
     (d), as redesignated and amended by paragraphs (7), (8), and 
     (9); and
       (11) in subsection (b), as transferred by paragraph (10), 
     by striking ``(b) Authority'' and inserting ``(e) Survey 
     Authority; Acquisition Methods.--Authority''.
       (b) Limitations on Acquisition Authority.--Section 2676 of 
     such title, as amended by subsection (a)(10), is further 
     amended--
       (1) in subsection (a)--
       (A) by inserting ``Authorization for Acquisition 
     Required.--'' before ``No military department''; and
       (B) by striking ``, as amended'';
       (2) in subsection (c)--
       (A) in paragraph (1), by inserting ``Cost Limitations.--'' 
     before ``(1)'';
       (B) in paragraph (2)--
       (i) by striking ``A land'' and inserting ``Until subsection 
     (d) is complied with, a land''; and
       (ii) by striking ``lesser,'' and all that follows through 
     the period at the end and inserting ``lesser.'';
       (3) in subsection (d), by inserting ``Congressional 
     Notification.--'' before ``The limitations''; and
       (4) in subsection (e), by inserting ``Payment of Judgements 
     and Settlements.--'' before ``The Secretary''.
       (c) Transfer and Redesignation of Revised Limitation 
     Section.--Section 2676 of such title, as amended by 
     subsections (a)(10) and (b)--
       (1) is inserted after section 2663 of such title, as 
     amended by subsection (a); and
       (2) is amended by striking the section heading and 
     inserting the following new section heading:

     ``Sec. 2664. Limitations on real property acquisition''.

       (d) Inclusion of Limitation on Land Acquisition 
     Commissions.--Subsection (c) of section 2661 of such title is 
     transferred to section 2664 of such title, as redesignated by 
     subsection (c)(2), is inserted after subsection (a) of such 
     redesignated section, and is redesignated as subsection (b).
       (e) Conforming Repeals.--Sections 2672 and 2672a of such 
     title are repealed.
       (f) Clerical Amendments.--The table of sections at the 
     beginning of chapter 159 of such title is amended--
       (1) by striking the items relating to sections 2663, 2672, 
     2672a, and 2676; and
       (2) by inserting after the item relating to section 2662 
     the following new items:

``2663. Land acquisition authorities.
``2664. Limitations on real property acquisition.''.

     SEC. 2812. REPORT ON USE OF UTILITY SYSTEM CONVEYANCE 
                   AUTHORITY AND TEMPORARY SUSPENSION OF AUTHORITY 
                   PENDING REPORT.

       (a) Report on Use of Authority.--Subsection (e) of section 
     2688 of title 10, United States Code, is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) by striking ``Quarterly Report.--'' and inserting 
     ``Reporting Requirements.--(1)''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Not later than March 15, 2006, the Secretary of 
     Defense shall submit to Congress a report containing--
       ``(A) a discussion of the methodology by which a military 
     department conducts the economic analyses of proposed utility 
     system conveyances under this section, including the economic 
     analysis referred to in this subsection, and any guidance 
     issued by the Department of Defense related to conducting 
     such economic analyses;
       ``(B) a list of the steps taken to ensure the reliability 
     of completed economic analyses, including post-conveyance 
     reviews of actual costs and savings to the United States 
     versus the costs and savings anticipated in the economic 
     analyses;
       ``(C) a review of the costs and savings to the United 
     States resulting from each utility system conveyance carried 
     out under this section;
       ``(D) a discussion of the requirement for consideration 
     equal to the fair market value of a conveyed utility system, 
     as specified in subsection (c), and any guidance issued by 
     the Department of Defense related to implementing that 
     requirement, and the effect of that requirement and guidance 
     on the costs and savings to the United States resulting from 
     procuring by contract the utility services provided by the 
     utility system;
       ``(E) a discussion of the effects that permanent conveyance 
     of ownership in a utility system may have on the ability of 
     the Secretary concerned to renegotiate contracts for utility 
     services provided by the utility system or to procure such 
     services from another source;
       ``(F) a discussion of the efforts and direction within the 
     Department of Defense to oversee the implementation and use 
     of the utility system conveyance authority under this section 
     and to ensure the adequacy of utilities services for a 
     military installation after conveyance of a utility system; 
     and
       ``(G) a discussion of the effect of utility system 
     conveyances on the operating budgets of military 
     installations at which the conveyances were made.''.
       (b) Suspension of Authority.--Such section is further 
     amended by adding at the end the following new subsection:
       ``(j) Temporary Suspension of Conveyance Authority.--The 
     Secretary concerned may not convey a utility system, 
     including any part of a utility system, under subsection (a) 
     or make a contribution under subsection (g) toward the cost 
     of construction, repair, or replacement of a utility system 
     by another entity until the later of the following dates:
       ``(1) The date of the enactment of an Act authorizing funds 
     for military construction for fiscal year 2007.
       ``(2) The date that is one year after the date of the 
     submission of the report required by subsection (e)(2).''.

     SEC. 2813. AUTHORIZED MILITARY USES OF PAPAGO PARK MILITARY 
                   RESERVATION, PHOENIX, ARIZONA.

       The Act of April 7, 1930 (Chapter 107; 46 Stat. 142), is 
     amended in the first designated paragraph, relating to the 
     Papago Park Military Reservation, by striking ``as a rifle 
     range''.

                Subtitle C--Base Closure and Realignment

     SEC. 2821. ADDITIONAL REPORTING REQUIREMENTS REGARDING BASE 
                   CLOSURE PROCESS AND USE OF DEPARTMENT OF 
                   DEFENSE BASE CLOSURE ACCOUNTS.

       (a) Information on Future Receipts and Expenditures.--
       (1) 1990 account.--Section 2906(c)(1) of the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``committees of the amount'' and inserting 
     ``committees of--
       ``(i) the amount'';
       (ii) by striking ``such fiscal year and of the amount'' and 
     inserting ``such fiscal year;
       ``(ii) the amount''; and
       (iii) by striking ``such fiscal year.'' and inserting 
     ``such fiscal year;
       ``(iii) the amount and nature of anticipated deposits to be 
     made into, and the anticipated expenditures to be made from, 
     the Account during the first fiscal year commencing after the 
     submission of the report; and
       ``(iv) the amount and nature of anticipated expenditures to 
     be made made pursuant to section 2905(a) during the first 
     fiscal year commencing after the submission of the report.''; 
     and
       (B) in subparagraph (B)--
       (i) in clause (i), by inserting ``and installation'' after 
     ``subaccount''; and
       (ii) by adding at the end the following new clause:
       ``(v) An estimate of the net revenues to be received from 
     property disposals to be completed during the first fiscal 
     year commencing after the submission of the report at 
     military installations the date of approval of closure or 
     realignment of which is before January 1, 2005.''.
       (2) 2005 account.--Section 2906A(c)(1) of such Act is 
     amended--
       (A) in subparagraph (A)--
       (i) by striking ``committees of the amount'' and inserting 
     ``committees of--
       ``(i) the amount'';
       (ii) by striking ``such fiscal year and of the amount'' and 
     inserting ``such fiscal year;
       ``(ii) the amount''; and
       (iii) by striking ``such fiscal year.'' and inserting 
     ``such fiscal year;
       ``(iii) the amount and nature of anticipated deposits to be 
     made into, and the anticipated expenditures to be made from, 
     the Account during the first fiscal year commencing after the 
     submission of the report; and
       ``(iv) the amount and nature of anticipated expenditures to 
     be made made pursuant to section 2905(a) during the first 
     fiscal year commencing after the submission of the report.''; 
     and
       (B) in subparagraph (B)--
       (i) in clause (i), by inserting ``and installation'' after 
     ``subaccount''; and
       (ii) by adding at the end the following new clause:
       ``(v) An estimate of the net revenues to be received from 
     property disposals to be completed during the first fiscal 
     year commencing after the submission of the report at 
     military installations the date of approval of closure or 
     realignment of which is after January 1, 2005.''.
       (b) Information on BRAC Process.--Section 2907 of such Act 
     is amended--
       (1) by striking ``fiscal year 1993'' and inserting ``fiscal 
     year 2007'';
       (2) by striking ``and'' at the end of paragraph (1);
       (3) by striking the period at the end of paragraph (2) and 
     inserting a semicolon; and
       (4) by adding at the end the following new paragraphs:
       ``(3) a description of the closure or realignment actions 
     already carried out at each military installation since the 
     date of the installation's approval for closure or 
     realignment under this part and the current status of the 
     closure or realignment of the installation, including 
     whether--
       ``(A) a redevelopment authority has been recognized by the 
     Secretary for the installation;
       ``(B) the screening of property at the installation for 
     other Federal use has been completed; and
       ``(C) a redevelopment plan has been agreed to by the 
     redevelopment authority for the installation;

[[Page 11293]]

       ``(4) a description of redevelopment plans for military 
     installations approved for closure or realignment under this 
     part, the quantity of property remaining to be disposed of at 
     each installation as part of its closure or realignment, and 
     the quantity of property already disposed of at each 
     installation;
       ``(5) a list of the Federal agencies that have requested 
     property during the screening process for each military 
     installation approved for closure or realignment under this 
     part, including the date of transfer or anticipated transfer 
     of the property to such agencies, the acreage involved in 
     such transfers, and an explanation for any delays in such 
     transfers;
       ``(6) a list of known environmental remediation issues at 
     each military installation approved for closure or 
     realignment under this part, including the acreage affected 
     by these issues, an estimate of the cost to complete such 
     environmental remediation, and the plans (and timelines) to 
     address such environmental remediation; and
       ``(7) an estimate of the date for the completion of all 
     closure or realignment actions at each military installation 
     approved for closure or realignment under this part.''.

     SEC. 2822. TERMINATION OF PROJECT AUTHORIZATIONS FOR MILITARY 
                   INSTALLATIONS APPROVED FOR CLOSURE IN 2005 
                   ROUND OF BASE REALIGNMENTS AND CLOSURES.

       (a) Project Termination.--If a military installation is 
     approved for closure in 2005 under the Defense Base Closure 
     and Realignment Act of 1990 (part A of title XXIX of Public 
     Law 101-510; 10 U.S.C. 2687 note), any authorization for a 
     military construction project, land acquisition, or family 
     housing project that is related to that installation and 
     contained in title XXI, XXII, XXIII, or XXIV of this Act or 
     in an Act authorizing funds for a prior fiscal year for 
     military construction projects, land acquisition, and family 
     housing projects (and authorizations of appropriations 
     therefor) shall terminate and no longer constitute authority 
     under section 2676, 2802, 2821, or 2822 of title 10, United 
     States Code, to carry out the military construction project, 
     land acquisition, or family housing project.
       (b) Exception.--Subsection (a) shall not apply to 
     authorizations for military construction projects, land 
     acquisition, or family housing projects (and authorizations 
     of appropriations therefor) for which appropriated funds have 
     been obligated before the date of approval of the military 
     installation for closure under the Defense Base Closure and 
     Realignment Act of 1990. In this subsection, the term ``date 
     of approval'' has the meaning given that term in section 
     2910(8) of such Act.

     SEC. 2823. EXPANDED AVAILABILITY OF ADJUSTMENT AND 
                   DIVERSIFICATION ASSISTANCE FOR COMMUNITIES 
                   ADVERSELY AFFECTED BY MISSION REALIGNMENTS IN 
                   BASE CLOSURE PROCESS.

       (a) Eligibility Requirements.--Subsection (b)(3) of section 
     2391 of title 10, United States Code, is amended--
       (1) by striking ``significantly reduced operations of a 
     defense facility'' and inserting ``realignment of a military 
     installation'';
       (2) by striking ``cancellation,'' and inserting ``closure 
     or realignment, cancellation or''; and
       (3) by striking ``community'' and all that follows through 
     the period at the end and inserting ``community or its 
     residents.''.
       (b) Addition of Definition of Realignment.--Subsection (d) 
     of such section is amended by adding at the end the following 
     new paragraph:
       ``(4) The term `realignment' has the meaning given that 
     term in section 2910(5) of the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note).''.

     SEC. 2824. SENSE OF CONGRESS REGARDING CONSIDERATION OF 
                   NATIONAL DEFENSE INDUSTRIAL BASE INTERESTS 
                   DURING BASE CLOSURE AND REALIGNMENT COMMISSION 
                   REVIEW OF DEPARTMENT OF DEFENSE BASE CLOSURE 
                   AND REALIGNMENT RECOMMENDATIONS.

       It is the sense of Congress that national defense 
     industrial base interests, including the relationships 
     between military installations and proximate commercial 
     facilities and the maintenance of, and accessibility to, 
     skills and knowledge critical to military installations and 
     their operation, are an integral part of military value, and 
     should be given full consideration by the Base Closure and 
     Realignment Commission when it conducts its review and 
     analysis of the recommendations made by the Secretary of 
     Defense regarding the closure or realignment of military 
     installations.

                      Subtitle D--Land Conveyances

                        PART 1--ARMY CONVEYANCES

     SEC. 2831. MODIFICATION OF LAND CONVEYANCE, ENGINEER PROVING 
                   GROUND, FORT BELVOIR, VIRGINIA.

       (a) Consideration.--Subsection (b)(4) of section 2836 of 
     the Military Construction Authorization Act for Fiscal Year 
     2002 (division B of Public Law 107-107; 115 Stat. 1314) is 
     amended by striking ``, jointly determined'' and all that 
     follows through ``Ground'' and inserting ``equal to 
     $3,880,000''.
       (b) Replacement of Fire Station.--Subsection (d) of such 
     section is amended--
       (1) in paragraph (1)--
       (A) by striking ``Building 5089'' and inserting ``Building 
     191''; and
       (B) by striking ``paragraphs (2) and (3)'' and inserting 
     ``paragraph (2)'';
       (2) in paragraph (2), by striking ``Building 5089'' and 
     inserting ``Building 191''; and
       (3) by striking paragraph (3).

     SEC. 2832. LAND CONVEYANCE, ARMY RESERVE CENTER, BOTHELL, 
                   WASHINGTON.

       (a) Conveyance Authorized.--Subject to subsection (c), the 
     Secretary of the Army may convey to the Snohomish County Fire 
     Protection District #10 (in this section referred to as the 
     ``Fire District'') all right, title, and interest of the 
     United States in and to a parcel of real property consisting 
     of approximately one acre at the Army Reserve Center in 
     Bothell, Washington, and currently occupied, in part, by the 
     Queensborough Firehouse for the purpose of supporting the 
     provision of fire and emergency medical aid services.
       (b) In-Kind Consideration.--As consideration for the 
     conveyance under subsection (a), the Fire District shall 
     provide in-kind consideration acceptable to the Secretary 
     with a total value equal to not less than the fair market 
     value of the conveyed real property, as determined by the 
     Secretary.
       (c) Reversionary Interest.--If the Secretary determines at 
     any time that the real property conveyed under subsection (a) 
     is not being used in accordance with the purpose of the 
     conveyance specified in such subsection, all right, title, 
     and interest in and to all or any portion of the property 
     shall revert, at the option of the Secretary, to the United 
     States, and the United States shall have the right of 
     immediate entry onto the property. Any determination of the 
     Secretary under this subsection shall be made on the record 
     after an opportunity for a hearing.
       (d) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the Fire 
     District to cover costs to be incurred by the Secretary, or 
     to reimburse the Secretary for costs incurred by the 
     Secretary, to carry out the conveyance under subsection (a), 
     including survey costs, costs related to environmental 
     documentation, and other administrative costs related to the 
     conveyance. If amounts are collected from the Fire District 
     in advance of the Secretary incurring the actual costs, and 
     the amount collected exceeds the costs actually incurred by 
     the Secretary to carry out the conveyance, the Secretary 
     shall refund the excess amount to the Fire District.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or 
     account, and shall be available for the same purposes, and 
     subject to the same conditions and limitations, as amounts in 
     such fund or account.
       (e) Exemption From Federal Screening.--The conveyance 
     authorized by subsection (a) is exempt from the requirement 
     to screen the property for other Federal use pursuant to 
     sections 2693 and 2696 of title 10, United States Code.
       (f) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

                        PART 2--NAVY CONVEYANCES

     SEC. 2841. LAND CONVEYANCE, MARINE CORPS AIR STATION, 
                   MIRAMAR, SAN DIEGO, CALIFORNIA.

       (a) Conveyance Authorized.--Subject to subsection (c), the 
     Secretary of the Navy may convey to the County of San Diego, 
     California (in this section referred to as the ``County'' ), 
     all right, title, and interest of the United States in and to 
     a parcel of real property, including any improvements thereon 
     and appurtenant easements thereto, consisting of 
     approximately 230 acres along the eastern boundary of Marine 
     Corps Air Station, Miramar, California, for the purpose of 
     removing the property from the boundaries of the installation 
     and permitting the County to preserve the property as public 
     open space and reopen the tract known as the Stowe Trail to 
     public use.
       (b) Consideration.--
       (1) In-kind consideration.--As consideration for the 
     conveyance under subsection (a), the County shall provide in-
     kind consideration with a total value equal to not less than 
     the fair market value of the conveyed real property, as 
     determined by the Secretary.
       (2) Types of consideration.--The in-kind consideration 
     provided by the County shall be in a form and quantity that 
     is acceptable to the Secretary, and may include the following 
     forms of in-kind consideration:
       (A) Maintenance, protection, alteration, repair, 
     improvement, or restoration (including environmental 
     restoration) of property or facilities under the control of 
     the Secretary.
       (B) Construction of new facilities for the Secretary.
       (C) Provision of facilities for use by the Secretary.
       (D) Facilities operation support for the Secretary.
       (E) Provision of such other services as the Secretary 
     considers appropriate.
       (3) Relation to other laws.--Sections 2662 and 2802 of 
     title 10, United states Code, shall not apply to any new 
     facilities whose construction is accepted as in-kind 
     consideration under this subsection.
       (c) Reversionary Interest.--If the Secretary determines at 
     any time that the County is not using the property conveyed 
     under subsection

[[Page 11294]]

     (a) in accordance with the purpose of the conveyance 
     specified in such subsection, all right, title, and interest 
     in and to the property, including any improvements thereon, 
     shall revert, at the option of the Secretary, to the United 
     States, and the United States shall have the right of 
     immediate entry onto the property. Any determination of the 
     Secretary under this subsection shall be made on the record 
     after an opportunity for a hearing.
       (d) Release of Reversionary Interest.--The Secretary shall 
     release, without consideration, the reversionary interest 
     retained by the United States under subsection (c) if--
       (1) Marine Corps Air Station, Miramar, is no longer being 
     used for Department of Defense activities; or
       (2) the Secretary determines that the reversionary interest 
     is otherwise unnecessary to protect the interests of the 
     United States.
       (e) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     County to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a) and 
     implement the receipt of in-kind consideration under 
     subsection (b), including appraisal costs, survey costs, 
     costs related to environmental documentation, and other 
     administrative costs related to the conveyance and receipt of 
     in-kind consideration.
       (2) Treatment of amounts received.--Section 2695(c) of 
     title 10, United States Code, shall apply to any amounts 
     received by the Secretary under paragraph (1). If amounts are 
     received from the County in advance of the Secretary 
     incurring the actual costs, and the amount received exceeds 
     the costs actually incurred by the Secretary under this 
     section, the Secretary shall refund the excess amount to the 
     County.
       (f) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed by the 
     Secretary under subsection (a) shall be determined by a 
     survey satisfactory to the Secretary.
       (g) Exemptions.--Section 2696 of title 10, United States 
     Code, does not apply to the conveyance authorized by 
     subsection (a), and the authority to make the conveyance 
     shall not be considered to render the property excess or 
     underutilized.
       (h) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

                     PART 3--AIR FORCE CONVEYANCES

     SEC. 2851. PURCHASE OF BUILD-TO-LEASE FAMILY HOUSING, EIELSON 
                   AIR FORCE BASE, ALASKA.

       (a) Authority to Purchase.--After the expiration of the 
     contract for the lease of a 300-unit military family housing 
     project at Eielson Air Force Base, Alaska, that was entered 
     into by the Secretary under the authority of former 
     subsection (g) of section 2828 of title 10, United States 
     Code (now section 2835 of such title), as added by section 
     801 of the Military Construction Authorization Act, 1984 
     (Public Law 98-115; 97 Stat. 782), the Secretary of the Air 
     Force may purchase the entire interest of the developer in 
     the military family housing project if the Secretary 
     determines that the purchase of the project is in the best 
     economic interests of the Air Force.
       (b) Consideration.--The consideration paid by the Secretary 
     to purchase the interest of the developer in the military 
     family housing project under subsection (a) may not exceed 
     the fair market value of the military family housing project, 
     as determined by the Secretary.
       (c) Congressional Notification.--If a decision is made to 
     purchase the interest of the developer in the military family 
     housing project under subsection (a), the Secretary shall 
     submit a report to the congressional defense committees on 
     that decision. The report shall include--
       (1) the economic analyses used by the Secretary to 
     determine that purchase of the military family housing 
     project is in the best economic interests of the Air Force, 
     as required by subsection (a); and
       (2) a schedule for, and an estimate of the costs and nature 
     of, any renovations or repairs that will be necessary to 
     ensure that all units in the military family housing project 
     meet current housing standards.
       (d) Purchase Delay.--A contract to effectuate the purchase 
     authorized by subsection (a) may be entered into by the 
     Secretary only after the end of the 30-day period beginning 
     on the date the report required by subsection (c) is received 
     by the congressional defense committees or, if earlier, the 
     end of the 21-day period beginning on the date on which a 
     copy of the report is provided in an electronic medium 
     pursuant to section 480 of title 10, United States Code.

     SEC. 2852. LAND CONVEYANCE, AIR FORCE PROPERTY, JACKSONVILLE, 
                   ARKANSAS.

       (a) Conveyance Authorized.--The Secretary of the Air Force 
     may convey to the City of Jacksonville, Arkansas (in this 
     section referred to as the ``City''), all right, title, and 
     interest of the United States in and to real property 
     consisting of approximately 45.024 acres around an existing 
     short line railroad in Pulaski County, Arkansas.
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the City shall pay to the United States 
     an amount equal to the fair market value of the conveyed real 
     property, as established by the assessment of the property 
     conducted under contract for the Corps of Engineers and dated 
     15 September 2003.
       (c) Condition of Conveyance.--The conveyance under 
     subsection (a) shall be subject to the lease agreement dated 
     October 29, 1982, as amended, between the Secretary and the 
     Missouri Pacific Railroad Company (and its successors and 
     assigns) and any other easement, lease, condition, or 
     restriction of record, including streets, roads, highways, 
     railroads, pipelines, and public utilities, insofar as the 
     easement, lease, condition, or restriction is in existence on 
     the date of the enactment of this Act and lawfully affects 
     the conveyed property.
       (d) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the City 
     to cover costs to be incurred by the Secretary, or to 
     reimburse the Secretary for costs incurred by the Secretary, 
     to carry out the conveyance under subsection (a), including 
     survey costs, costs related to environmental documentation, 
     and other administrative costs related to the conveyance. If 
     amounts are collected from the City in advance of the 
     Secretary incurring the actual costs, and the amount 
     collected exceeds the costs actually incurred by the 
     Secretary to carry out the conveyance, the Secretary shall 
     refund the excess amount to the City.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or 
     account, and shall be available for the same purposes, and 
     subject to the same conditions and limitations, as amounts in 
     such fund or account.
       (e) Exemption From Federal Screening.--The conveyance 
     authorized by subsection (a) is exempt from the requirement 
     to screen the property for other Federal use pursuant to 
     sections 2693 and 2696 of title 10, United States Code.
       (f) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.

                       Subtitle E--Other Matters

     SEC. 2861. LEASE AUTHORITY, ARMY HERITAGE AND EDUCATION 
                   CENTER, CARLISLE, PENNSYLVANIA.

       Section 2866 of the National Defense Authorization Act for 
     Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1333) is 
     amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Lease of Facility.--(1) Under such terms and 
     conditions as the Secretary considers appropriate, the 
     Secretary may lease portions of the facility to the Military 
     Heritage Foundation to be used by the Foundation, consistent 
     with the agreement referred to in subsection (a), for--
       ``(A) generating revenue for activities of the facility 
     through rental use by the public, commercial and nonprofit 
     entities, State and local governments, and other Federal 
     agencies; and
       ``(B) such administrative purposes as may be necessary for 
     the support of the facility.
       ``(2) The annual amount of consideration paid to the 
     Secretary by the Military Heritage Foundation for a lease 
     under paragraph (1) may not exceed an amount equal to the 
     actual cost, as determined by the Secretary, of the annual 
     operations and maintenance of the facility.
       ``(3) Amounts paid under paragraph (2) may be used by the 
     Secretary, in such amounts as provided in advance in 
     appropriation Acts, to cover the costs of operation of the 
     facility.''.

     SEC. 2862. REDESIGNATION OF MCENTIRE AIR NATIONAL GUARD 
                   STATION, SOUTH CAROLINA, AS MCENTIRE JOINT 
                   NATIONAL GUARD BASE.

       McEntire Air National Guard Station in Eastover, South 
     Carolina, shall be known and designated as ``McEntire Joint 
     National Guard Base'' in recognition of the use of the 
     installation to house both Air National Guard and Army 
     National Guard assets. Any reference to McEntire Air National 
     Guard Station in any law, regulation, map, document, record, 
     or other paper of the United States shall be considered to be 
     a reference to McEntire Joint National Guard Base.

     SEC. 2863. ASSESSMENT OF WATER NEEDS FOR PRESIDIO OF MONTEREY 
                   AND ORD MILITARY COMMUNITY.

       Not later than April 7, 2006, the Secretary of Defense 
     shall submit to Congress an interim assessment of the current 
     and reasonable future needs of the Department of the Defense 
     for water for the Presidio of Monterey and the Ord Military 
     Community.

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

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

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

   Subtitle B--Program Authorizations, Restrictions, and Limitations

3111. Reliable Replacement Warhead program.
3112. Report on assistance for a comprehensive inventory of Russian 
              nonstrategic nuclear weapons.

[[Page 11295]]



         Subtitle A--National Security Programs Authorizations

     SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

       (a) Authorization of Appropriations.--Funds are hereby 
     authorized to be appropriated to the Department of Energy for 
     fiscal year 2006 for the activities of the National Nuclear 
     Security Administration in carrying out programs necessary 
     for national security in the amount of $9,100,852,000, to be 
     allocated as follows:
       (1) For weapons activities, $6,455,744,000.
       (2) For defense nuclear nonproliferation activities, 
     $1,515,239,000.
       (3) For naval reactors, $786,000,000.
       (4) For the Office of the Administrator for Nuclear 
     Security, $343,869,000.
       (b) Authorization of New Plant Projects.--From funds 
     referred to in subsection (a) that are available for carrying 
     out plant projects, the Secretary of Energy may carry out, 
     for weapons activities, the following new plant projects:
       Project 06-D-140, project engineering and design, various 
     locations, $14,113,000.
       Project 06-D-160, Facilities and Infrastructure 
     Recapitalization Program, project engineering and design, 
     various locations, $5,811,000.
       Project 06-D-180, Defense Nuclear Nonproliferation Program 
     project engineering and design, National Security Laboratory, 
     Pacific Northwest National Laboratory, $5,000,000.
       Project 06-D-401, Central Office Building 2, Bettis Atomic 
     Power Laboratory, West Mifflin, Pennsylvania, $7,000,000.
       Project 06-D-402, replace fire stations no. 1 and no. 2, 
     Nevada Test Site, $8,284,000.
       Project 06-D-403, Tritium Facility Modernization, Lawrence 
     Livermore National Laboratory, $2,600,000.
       Project 06-D-404, Building B-3 remediation, restoration, 
     and upgrade, Nevada Test Site $16,000,000.
       Project 06-D-601, electrical distribution system upgrade, 
     Pantex Plant, Amarillo, Texas, $4,000,000.
       Project 06-D-602, gas main and distribution system upgrade, 
     Pantex Plant, Amarillo Texas, $3,700,000.
       Project 06-D-603, steam plant life extension project, Y-12 
     national security complex, Oak Ridge, Tennessee, $729,000.

     SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

        Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2006 for environmental 
     management activities in carrying out programs necessary for 
     national security in the amount of $6,311,433,000, to be 
     allocated as follows:
       (1) For defense site acceleration completion, 
     $5,480,102,000.
       (2) For defense environmental services, $831,331,000.

     SEC. 3103. OTHER DEFENSE ACTIVITIES.

        Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2006 for other defense 
     activities in carrying out programs necessary for national 
     security in the amount of $635,998,000.

     SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

        Funds are hereby authorized to be appropriated to the 
     Department of Energy for fiscal year 2006 for defense nuclear 
     waste disposal for payment to the Nuclear Waste Fund 
     established in section 302(c) of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10222(c)) in the amount of $351,447,000.

   Subtitle B--Program Authorizations, Restrictions, and Limitations

     SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.

       (a) In General.--Subtitle A (50 U.S.C. 2521 et seq.) of 
     title XLVII of the Atomic Energy Defense Act is amended by 
     adding at the end the following new section:

     ``SEC. 4214. RELIABLE REPLACEMENT WARHEAD PROGRAM.

       ``(a) Program Required.--The Secretary of Energy, in 
     consultation with the Secretary of Defense, shall carry out a 
     program, to be known as the Reliable Replacement Warhead 
     program, to develop reliable replacement components that are 
     producible and certifiable for the existing nuclear weapons 
     stockpile.
       ``(b) Objectives.--The objectives of the Reliable 
     Replacement Warhead program shall be--
       ``(1) to increase the reliability, safety, and security of 
     the United States nuclear weapons stockpile;
       ``(2) to further reduce the likelihood of the resumption of 
     nuclear testing;
       ``(3) to remain consistent with basic design parameters by 
     using, to the extent practicable, components that are well 
     understood or are certifiable without the need to resume 
     underground nuclear testing;
       ``(4) to ensure that the United States develops a nuclear 
     weapons infrastructure that can respond to unforeseen 
     problems, to include the ability to produce replacement 
     warheads that are safer to manufacture, more cost-effective 
     to produce, and less costly to maintain than existing 
     warheads;
       ``(5) to achieve reductions in the future size of the 
     nuclear weapons stockpile based on increased reliability of 
     the reliable replacement warheads;
       ``(6) to use the design, certification, and production 
     expertise resident in the nuclear complex to develop reliable 
     replacement components to fulfill current mission 
     requirements of the existing stockpile; and
       ``(7) to serve as a complement to, and potentially a more 
     cost-effective and reliable long-term replacement for, the 
     current Stockpile Life Extension Programs.''.
       (b) Report.--Not later than March 1, 2007, the Nuclear 
     Weapons Council shall submit to the congressional defense 
     committees a report on the feasibility and implementation of 
     the Reliable Replacement Warhead program required by section 
     4214 of the Atomic Energy Defense Act (as added by subsection 
     (a)). The report shall--
       (1) identify existing warheads recommended for replacement 
     by 2035 with an assessment of the weapon performance and 
     safety characteristics of the replacement warheads;
       (2) discuss the relationship of the Reliable Replacement 
     Warhead program within the Stockpile Stewardship Program and 
     its impact on the current Stockpile Life Extension Programs;
       (3) provide an assessment of the extent to which a 
     successful Reliable Replacement Warhead program could lead to 
     reductions in the nuclear weapons stockpile;
       (4) discuss the criteria by which replacement warheads 
     under the Reliable Replacement Warhead program will be 
     designed to maximize the likelihood of not requiring nuclear 
     testing, as well as the circumstances that could lead to a 
     resumption of testing;
       (5) provide a description of the infrastructure, including 
     pit production capabilities, required to support the Reliable 
     Replacement Warhead program; and
       (6) provide a detailed summary of how the funds made 
     available pursuant to the authorizations of appropriations in 
     this Act, and any funds made available in prior years, will 
     be used.
       (c) Interim Report.--Not later than March 1, 2006, the 
     Nuclear Weapons Council shall submit to the congressional 
     defense committees an interim report on the matters required 
     to be covered by the report under subsection (b).

     SEC. 3112. REPORT ON ASSISTANCE FOR A COMPREHENSIVE INVENTORY 
                   OF RUSSIAN NONSTRATEGIC NUCLEAR WEAPONS.

       (a) Findings.--Congress finds that--
       (1) there is an insufficient accounting for, and 
     insufficient security of, the nonstrategic nuclear weapons of 
     the Russian Federation; and
       (2) because of the dangers posed by that insufficient 
     accounting and security, it is in the national security 
     interest of the United States to assist the Russian 
     Federation in the conduct of a comprehensive inventory of its 
     nonstrategic nuclear weapons.
       (b) Report.--
       (1) Report required.--Not later than November 1, 2005, the 
     Secretary of Energy shall submit to Congress a report 
     containing--
       (A) the Secretary's evaluation of past and current efforts 
     by the United States to encourage or facilitate a proper 
     accounting for and securing of the nonstrategic nuclear 
     weapons of the Russian Federation; and
       (B) the Secretary's recommendations regarding the actions 
     by the United States that are most likely to lead to progress 
     in improving the accounting for, and securing of, those 
     weapons.
       (2) Consultation with secretary of defense.--The report 
     under paragraph (1) shall be prepared in consultation with 
     the Secretary of Defense.
       (3) Classification of report.--The report under paragraph 
     (1) shall be in unclassified form, but may be accompanied by 
     a classified annex.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

3201. Authorization.

     SEC. 3201. AUTHORIZATION.

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

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

3301. Authorized uses of National Defense Stockpile funds.
3302. Revision of fiscal year 1999 authority to dispose of certain 
              materials in the National Defense Stockpile.
3303. Revision of fiscal year 2000 authority to dispose of certain 
              materials in the National Defense Stockpile.

     SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE 
                   FUNDS.

       (a) Obligation of Stockpile Funds.--During fiscal year 
     2006, the National Defense Stockpile Manager may obligate up 
     to $52,132,000 of the funds in the National Defense Stockpile 
     Transaction Fund established under subsection (a) of section 
     9 of the Strategic and Critical Materials Stock Piling Act 
     (50 U.S.C. 98h) for the authorized uses of such funds under 
     subsection (b)(2) of such section, including the disposal of 
     hazardous materials that are environmentally sensitive.
       (b) Additional Obligations.--The National Defense Stockpile 
     Manager may obligate amounts in excess of the amount 
     specified in subsection (a) if the National Defense Stockpile 
     Manager notifies Congress that extraordinary or emergency 
     conditions necessitate the additional obligations. The 
     National Defense Stockpile Manager may make the additional 
     obligations described in the notification after the end of 
     the 45-day period beginning on the date on which Congress 
     receives the notification.
       (c) Limitations.--The authorities provided by this section 
     shall be subject to such limitations as may be provided in 
     appropriations Acts.

[[Page 11296]]



     SEC. 3302. REVISION OF FISCAL YEAR 1999 AUTHORITY TO DISPOSE 
                   OF CERTAIN MATERIALS IN THE NATIONAL DEFENSE 
                   STOCKPILE.

       (a) Required Receipts From Disposals.--Section 3303(a) of 
     the Strom Thurmond National Defense Authorization Act for 
     Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 98d note), as 
     amended by section 3302 of the Ronald W. Reagan National 
     Defense Authorization Act for Fiscal Year 2005 (Public Law 
     108-375; 118 Stat. 2193), is amended by striking paragraph 
     (5) and inserting the following new paragraph:
       ``(5) $1,000,000,000 by the end of fiscal year 2011.''.
       (b) Effect of Amendment.--The amendment made by subsection 
     (a) will result in the continued disposal of certain 
     materials in the National Defense Stockpile after September 
     30, 2005, pursuant to the disposal authority provided by 
     section 3303 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999, and allow the 
     National Defense Stockpile Manager to take advantage of 
     favorable market conditions for the sales of several of the 
     materials authorized for disposal, such as tungsten ferro, 
     tungsten metal power, and tungsten ores and concentrates.

     SEC. 3303. REVISION OF FISCAL YEAR 2000 AUTHORITY TO DISPOSE 
                   OF CERTAIN MATERIALS IN THE NATIONAL DEFENSE 
                   STOCKPILE.

       Section 3402(b) of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 50 U.S.C. 98d note), 
     as amended by section 3302 of the National Defense 
     Authorization Act for Fiscal Year 2004 (Public Law 108-136; 
     117 Stat. 1788), is amended by striking paragraph (4) and 
     inserting the following new paragraph:
       ``(4) $550,000,000 by the end of fiscal year 2011.''.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

3401. Authorization of appropriations.

     SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

       (a) Amount.--There are hereby authorized to be appropriated 
     to the Secretary of Energy $18,500,000 for fiscal year 2006 
     for the purpose of carrying out activities under chapter 641 
     of title 10, United States Code, relating to the naval 
     petroleum reserves.
       (b) Period of Availability.--Funds appropriated pursuant to 
     the authorization of appropriations in subsection (a) shall 
     remain available until expended.

                  TITLE XXXV--MARITIME ADMINISTRATION

3501. Authorization of appropriations for fiscal year 2006.
3502. Payments for State and regional maritime academies.
3503. Maintenance and repair reimbursement pilot program.
3504. Tank vessel construction assistance.
3505. Improvements to the Maritime Administration vessel disposal 
              program.

     SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
                   2006.

        Funds are hereby authorized to be appropriated for fiscal 
     year 2006, to be available without fiscal year limitation if 
     so provided in appropriations Acts, for the use of the 
     Department of Transportation for the Maritime Administration 
     as follows:
       (1) For expenses necessary for operations and training 
     activities, $113,650,000, of which $10,000,000 shall be 
     available only for paying reimbursement under section 3517 of 
     the National Defense Authorization Act for Fiscal Year 2004, 
     as amended by section 3503 of this Act.
       (2) For administrative expenses related to loan guarantee 
     commitments under the program authorized by title XI of the 
     Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.), 
     $3,526,000.
       (3) For expenses to dispose of obsolete vessels in the 
     National Defense Reserve Fleet, including provision of 
     assistance under section 7 of Public Law 92-402, $21,000,000.

     SEC. 3502. PAYMENTS FOR STATE AND REGIONAL MARITIME 
                   ACADEMIES.

       (a) Annual Payment.--Section 1304(d)(1)(C)(ii) of the 
     Merchant Marine Act, 1936 (46 App. U.S.C. 1295c(d)(1)(C)(ii)) 
     is amended by striking ``$200,000'' and inserting ``$300,000 
     for fiscal year 2006, $400,000 for fiscal year 2007, and 
     $500,000 for fiscal year 2008 and each fiscal year 
     thereafter''.
       (b) School Ship Fuel Payment.--Section 1304(c)(2) of the 
     Merchant Marine Act, 1936 (46 App. U.S.C. 1295c(c)(2)) is 
     amended--
       (1) by striking ``The Secretary may pay to any State 
     maritime academy'' and inserting ``(A) The Secretary shall, 
     subject to the availability of appropriations, pay to each 
     State maritime academy''; and
       (2) by adding at the end the following:
       ``(B) The amount of the payment to a State maritime academy 
     under this paragraph shall not exceed--
       ``(i) $100,000 for fiscal year 2006;
       ``(ii) $200,000 for fiscal year 2007; and
       ``(iii) $300,000 for fiscal year 2008 and each fiscal year 
     thereafter.''.

     SEC. 3503. MAINTENANCE AND REPAIR REIMBURSEMENT PILOT 
                   PROGRAM.

       Section 3517 of the National Defense Authorization Act for 
     Fiscal Year 2004 (46 U.S.C. 53101 note) is amended--
       (1) in subsection (a)(1) by striking ``may'' each place it 
     appears and inserting ``shall'';
       (2) in subsection (a)(2) by striking ``Limitation.--The 
     Secretary may not'' and inserting ``Requirement of 
     Agreement.--The Secretary shall, subject to the availability 
     of appropriations,'';
       (3) in subsection (d)(2) by striking ``80 percent of''; and
       (4) by amending subsection (g) to read as follows:
       ``(g) Annual Report.--The Secretary shall submit a report 
     to the Congress each year on the program under this section. 
     The report shall include a listing of future inspection 
     schedules for all vessels included in the Maritime Security 
     Fleet established by chapter 531 of title 46, United States 
     Code.''.

     SEC. 3504. TANK VESSEL CONSTRUCTION ASSISTANCE.

       (a) Requirement to Enter Contracts.--Section 3543(a) of the 
     National Defense Authorization Act for Fiscal Year 2004 (46 
     U.S.C. 53101 note) is amended by striking ``may'' and 
     inserting ``shall, to the extent of the availability of 
     appropriations,''.
       (b) Amount of Assistance.--Section 3543(b) of the National 
     Defense Authorization Act for Fiscal Year 2004 (46 U.S.C. 
     53101 note) is amended by striking ``up to 75 percent of''.

     SEC. 3505. IMPROVEMENTS TO THE MARITIME ADMINISTRATION VESSEL 
                   DISPOSAL PROGRAM.

       (a) Comprehensive Management Plan.--
       (1) Requirement to develop plan.--The Secretary of 
     Transportation shall prepare, publish, and submit to the 
     Congress by not later than 120 days after the date of the 
     enactment of this Act a comprehensive plan for management of 
     the vessel disposal program of the Maritime Administration in 
     accordance with the recommendations made in the Government 
     Accountability Office in report number GAO-05-264, dated 
     March 2005.
       (2) Contents of plan.--The plan shall--
       (A) include a strategy and implementation plan for disposal 
     of obsolete Maritime Administration vessels (including 
     vessels added to the fleet after the enactment of this Act) 
     in a timely manner, maximizing the use of all available 
     disposal methods, including dismantling, use for artificial 
     reefs, donation, and Navy training exercises;
       (B) identify and describe the funding and other resources 
     necessary to implement the plan, and specific milestones for 
     disposal of vessels under the plan;
       (C) establish performance measures to track progress toward 
     achieving the goals of the program, including the expeditious 
     disposal of ships commencing upon the date of the enactmemt 
     of this Act;
       (D) develop a formal decisionmaking framework for the 
     program; and
       (E) identify external factors that could impede successful 
     implementation of the plan, and describe steps to be taken to 
     mitigate the effects of such factors.
       (b) Implementation of Management Plan.--
       (1) Requirement to implement.--The Secretary shall 
     implement the vessel disposal program of the Maritime 
     Administration in accordance with--
       (A) the management plan submitted under subsection (a); and
       (B) the requirements set forth in paragraph (2).
       (2) Utilization of domestic sources.--In the procurement of 
     services under the vessel disposal program of the Maritime 
     Administration, the Secretary shall--
       (A) use full and open competition; and
       (B) utilize domestic sources to the maximum extent 
     practicable.
       (c) Failure to Submit Plan.--
       (1) Private management contract for disposal of maritime 
     administration vessels.--The Secretary of Transportation, 
     subject to the availability of appropriations, shall promptly 
     award a contract using full and open competition to 
     expeditiously implement all aspects of disposal of obsolete 
     vessels of the Maritime Administration.
       (2) Application.--This subsection shall apply beginning 120 
     days after the date of the enactment of this Act, unless the 
     Secretary of Transportation has submitted to the Congress the 
     comprehensive plan required under subsection (a)
       (d) Temporary Authority to Transfer Obsolete Combatant 
     Vessels to Navy for Disposal.--The Secretary of 
     Transportation shall, subject to the availability of 
     appropriations and consistent with section 1535 of title 31, 
     United States Code, popularly known as the Economy Act, 
     transfer to the Secretary of the Navy during fiscal year 2006 
     for disposal by the Navy, no fewer than 4 combatant vessels 
     in the nonretention fleet of the Maritime Administration that 
     are acceptable to the Secretary of the Navy.

  The Acting CHAIRMAN. No amendment to the committee amendment in the 
nature of a substitute shall be in order except those printed in House 
Report 109-96 and amendments en bloc described in section 3 of House 
Resolution 293.
  Each amendment printed in the report shall be offered only in the 
order printed, except as specified in section 4 of the resolution, may 
be offered only by a Member designated in the report, shall be 
considered read, and shall not be subject to a demand for division of 
the question. Each amendment shall be debatable as specified in the 
report, equally divided and controlled by the proponent and an 
opponent, and shall not be subject to amendment, except that the 
chairman and ranking minority member of the Committee on Armed Services 
each may offer one pro

[[Page 11297]]

forma amendment for the purpose of further debate on any pending 
amendment.
  It shall be in order at any time for the chairman of the Committee on 
Armed Services or his designee to offer amendments en bloc consisting 
of amendments printed in the report not earlier disposed of. Amendments 
en bloc shall be considered read, shall be debatable for 40 minutes, 
equally divided and controlled by the chairman and ranking minority 
member or their designees, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question.
  The original proponent of an amendment included in amendments en bloc 
may insert a statement in the Congressional Record immediately before 
disposition of the amendments en bloc.
  The Chairman of the Committee of the Whole may recognize for 
consideration of any amendment printed in the report out of the order 
printed, but not sooner than 1 hour after the chairman of Armed 
Services or a designee announces from the floor a request to that 
effect.
  It is now in order to consider amendment No. 20 printed in House 
Reports 109-96.


                 Amendment No. 20 Offered by Mr. Goode

  Mr. GOODE. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 20 offered by Mr. Goode:
       At the end of subtitle D of title X (page 372, after line 
     8), add the following new section:

     SEC. 1035. ASSIGNMENT OF MEMBERS OF THE ARMED FORCES TO 
                   ASSIST BUREAU OF BORDER SECURITY AND BUREAU OF 
                   CITIZENSHIP AND IMMIGRATION SERVICES OF THE 
                   DEPARTMENT OF HOMELAND SECURITY.

       (a) Assignment Authority of Secretary of Defense.--Chapter 
     18 of title 10, United States Code, is amended by inserting 
     after section 374 the following new section:

     ``Sec. 374a. Assignment of members to assist border patrol 
       and control

       ``(a) Assignment Authorized.--Upon submission of a request 
     consistent with subsection (b), the Secretary of Defense may 
     assign members of the Army, Navy, Air Force, and Marine Corps 
     to assist--
       ``(1) the Bureau of Border Security of the Department of 
     Homeland Security in preventing the entry of terrorists, drug 
     traffickers, and illegal aliens into the United States; and
       ``(2) the United States Customs Service of the Department 
     of Homeland Security in the inspection of cargo, vehicles, 
     and aircraft at points of entry into the United States to 
     prevent the entry of weapons of mass destruction, components 
     of weapons of mass destruction, prohibited narcotics or 
     drugs, or other terrorist or drug trafficking items.
       ``(b) Request for Assignment.--The assignment of members 
     under subsection (a) may occur only if--
       ``(1) the assignment is at the request of the Secretary of 
     Homeland Security; and
       ``(2) the request is accompanied by a certification by the 
     Secretary of Homeland Security that the assignment of members 
     pursuant to the request is necessary to respond to a threat 
     to national security posed by the entry into the United 
     States of terrorists, drug traffickers, or illegal aliens.
       ``(c) Training Program Required.--The Secretary of Homeland 
     Security and the Secretary of Defense, shall establish a 
     training program to ensure that members receive general 
     instruction regarding issues affecting law enforcement in the 
     border areas in which the members may perform duties under an 
     assignment under subsection (a). A member may not be deployed 
     at a border location pursuant to an assignment under 
     subsection (a) until the member has successfully completed 
     the training program.
       ``(d) Conditions of Use.--(1) Whenever a member who is 
     assigned under subsection (a) to assist the Bureau of Border 
     Security or the United States Customs Service is performing 
     duties at a border location pursuant to the assignment, a 
     civilian law enforcement officer from the agency concerned 
     shall accompany the member.
       ``(2) Nothing in this section shall be construed to--
       ``(A) authorize a member assigned under subsection (a) to 
     conduct a search, seizure, or other similar law enforcement 
     activity or to make an arrest; and
       ``(B) supersede section 1385 of title 18 (popularly known 
     as the `Posse Comitatus Act').
       ``(e) Establishment of Ongoing Joint Task Forces.--(1) The 
     Secretary of Homeland Security may establish ongoing joint 
     task forces if the Secretary of Homeland Security determines 
     that the joint task force, and the assignment of members to 
     the joint task force, is necessary to respond to a threat to 
     national security posed by the entry into the United States 
     of terrorists, drug traffickers, or illegal aliens.
       ``(2) If established, the joint task force shall fully 
     comply with the standards as set forth in this section.
       ``(f) Notification Requirements.--The Secretary of Homeland 
     Security shall provide to the Governor of the State in which 
     members are to be deployed pursuant to an assignment under 
     subsection (a) and to local governments in the deployment 
     area notification of the deployment of the members to assist 
     the Department of Homeland Security under this section and 
     the types of tasks to be performed by the members.
       ``(g) Reimbursement Requirement.--Section 377 of this title 
     shall apply in the case of members assigned under subsection 
     (a).''.
       (b) Commencement of Training Program.--The training program 
     required by subsection (b) of section 374a of title 10, 
     United States Code, shall be established as soon as 
     practicable after the date of the enactment of this Act.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 374 the following new item:

``374a. Assignment of members to assist border patrol and control.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 293, the gentleman 
from Virginia (Mr. Goode) and a Member opposed each will control 15 
minutes.
  The Chair recognizes the gentleman from Virginia (Mr. Goode).
  Mr. GOODE. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, this amendment would permit military personnel to 
secure America's borders. It authorizes, but does not require the 
Secretary of Defense to utilize members of the Army, Navy, Air Force, 
Marine Corps and Reserves under certain circumstances and subject to 
certain conditions to assist the Department of Homeland Security upon 
the request of the Department of Homeland Security in the performance 
of its border functions.
  This amendment has passed in the two previous Congresses, and prior 
to my offering this amendment in the past two Congresses, it was 
offered by other Members and it has passed the House, but has not 
survived conference. I hope this year it will pass the House and then 
survive a conference.
  I want to emphasize, this is an authorization measure so that the 
Department of Homeland Security and the Department of Defense would not 
be subject to posse comitatus charges if they utilize this in a 
nonemergency situation.
  This simply makes it clear that if the Secretary of Homeland Security 
requests of the Secretary of Defense the utilization of forces to 
assist the border patrol in combating illegal drugs, combating illegal 
immigration or to reduce the threat of terrorism, that authority exists 
and it would not require the declaring of a national emergency by the 
executive branch.
  Mr. Chairman, I reserve the balance of my time.
  Mr. REYES. Mr. Chairman, I claim time in opposition to the amendment.
  Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise today to express strong opposition to my good 
friend, the gentleman from Virginia (Mr. Goode's) amendment.
  I understand his concern. There has been a lot of talk both on the 
floor of Congress, throughout the country about border control. I 
understand the need to increase enforcement along our borders to 
protect against terrorism and drug trafficking.
  Mr. Chairman, as a former Border Patrol agent with 26\1/2\ years' 
experience along our Nation's border, I know firsthand the difficulties 
that we have protecting our borders. But I also know that what we need 
are more trained law enforcement professionals, not military forces 
and, most certainly, not untrained civilians and vigilantes.
  I know how difficult it is to secure our Nation's borders and the 
need for additional resources; however, this amendment is the wrong 
solution to our current problem along the border. The military has been 
more than willing to provide assistance to law enforcement already, 
but, Mr. Chairman, let me just for the record state that the Department 
of Defense opposes this amendment.
  The Department of Homeland Security needs more border patrol agents, 
not troops on the border. The President

[[Page 11298]]

already has the constitutional authority to deploy troops, as 
necessary, during a national emergency. There is no reason for this 
amendment.

                              {time}  1330

  We have recently authorized an additional 1,500 border agents and 
have funded those 1,500 border agents.
  Last August, we passed the intelligence reform legislation that has a 
provision for 2,000 border patrol agents per year for the next 5 years. 
That is the solution, in my opinion, that we need: professional trained 
Spanish-speaking border patrol agents that know and understand the 
challenge they face.
  Our military today is already stressed. Just last month, the U.S. 
Army told us that their recruitment was down some 42 percent. We do not 
have the forces, we do not have the Reserves, and we do not have the 
National Guard because of the commitments overseas.
  Mr. Chairman, I reserve the balance of my time.
  Mr. GOODE. Mr. Chairman, I yield 3 minutes to the gentlewoman from 
North Carolina (Ms. Foxx).
  Ms. FOXX. Mr. Chairman, I rise today in strong support of the Goode 
amendment. The terrorist attacks on our homeland highlighted the 
potential disastrous effects of porous borders and the need to bolster 
border security. While we continue to fight the war on terror overseas, 
we cannot neglect our homeland and must increase our efforts at 
fighting terrorism at home by controlling immigration and strengthening 
our borders.
  The defense authorization bill we are considering today makes 
excellent progress in setting funding levels for our troops and staging 
the war on terror overseas, but cannot and should not neglect our 
borders here at home. The Goode amendment will protect terrorists, 
illegal immigrants, and drug traffickers from entering the country.
  Mr. Chairman, border security cannot be taken too seriously. I urge 
my colleagues to support the Goode amendment so we can continue 
fighting terror in the streets of Baghdad and in the mountains of 
Afghanistan rather than in our cities and communities. We must increase 
our efforts at achieving closed borders with open, guarded doors.
  The Goode amendment helps accomplish that goal and supplements the 
greater objectives of the national defense authorization bill we are 
considering today. Without the Goode amendment, the authorization bill 
is incomplete and its goals are unmet.
  In fighting the war on terror overseas, we have made our Nation and 
indeed the whole world a much safer place. Let us make sure we continue 
to build on that historic progress by protecting our homeland and 
defending our borders, when necessary. Vote for the Goode amendment and 
for the passage of the defense authorization bill.
  Mr. REYES. Mr. Chairman, I yield 4 minutes to the gentleman from 
Texas (Mr. Ortiz), a former sheriff who knows and understands border 
issues.
  Mr. ORTIZ. Mr. Chairman, I oppose the provision regarding troops on 
the border. Our servicemen and -women are simply spread too thin. But 
one of the things that we need to remember is that we are in Iraq 
fighting a war in order not to fight in our homeland; that we need to 
fight the terrorists in Iraq. Well, just from the beginning of the year 
to today, we have had over 17,000 OTMs, other than Mexicans; and most 
of them are from Brazil. If you go to Brazil, you do not need a visa to 
go into Mexico.
  It is good to see that we have given the border patrol 1,500 more 
border patrolmen, but we have no detention centers. If you have no 
detention centers, the illegals come in knowing one thing: when they 
come to the border, they turn themselves in to the border patrol. And 
you know what they ask for? I want my walking papers. I am not a 
Mexican; I can stay here, and I can appear before a judge.
  I would like to engage my good friend, the gentleman from Texas (Mr. 
Reyes), for a few moments because he was the border patrol sector chief 
in McAllen. Not only that, we are beginning to see gangs coming in, the 
Mara Salvatrucha gang, and many other people. And unless we build 
detention centers, they are going to continue to come. My friend has 
talked to some of the border patrol officers down in the McAllen 
sector.
  Mr. REYES. Mr. Chairman, will the gentleman yield?
  Mr. ORTIZ. I yield to the gentleman from Texas.
  Mr. REYES. Mr. Chairman, we have been in contact with border patrol 
agents that currently are telling us that they are demoralized. Because 
if you are an other-than-Mexican undocumented individual, you can come 
in. We have instances where they are actually flagging down our border 
patrol agents and they are asking local residents to call the border 
patrol so they can get what they call their permiso, or their permit, 
to be able to travel anywhere in the United States.
  This is an abuse of our immigration laws, and it is all because we 
will not fund and we will not establish temporary detention facilities. 
When I was chief in McAllen sector, we had the same situation in the 
mid-1980s, where we had Central Americans coming in to the country. I 
was told that my agents were to issue I-210 letters, which is that 
permiso, that permit, they want today and wanted in the mid-1980s. I 
said, no, we are going to arrest them, and we are going to detain them.
  We put together a plan. We put temporary detention facilities down in 
south Texas, and guess what, Mr. Chairman? It worked. They stopped 
coming. And more importantly, Mexico had to become engaged to make sure 
that people coming from Central America did not come into Mexico and 
create difficulties for them.
  There is a solution, my colleagues, to this issue. The solution is 
enforcing our laws. If we put military on the border, all they are 
going to be doing is refer these undocumented other-than-Mexican aliens 
to the border patrol so they can be issued another permit to go 
anywhere in the country that they want. Does that make sense? Is that 
what we want to use our military for, just the equivalent of tour 
guides, referring illegals to the border patrol for issuing of a permit 
so they can go anywhere in the country?
  Mr. ORTIZ. Reclaiming my time, Mr. Chairman, I just want to say 
something. We have had experience. About 12 years ago, we had 57,000 
individuals, illegal, come from Central America when Attorney General 
Meese said if you fear for your life, come to the United States. My 
colleagues, we had to put up tents, and my colleague from Texas 
remembers that; 57,000. It impacts on your infrastructure, on your 
highways, on everything else.
  So this is one of the reasons I oppose this bill. We need to build 
detention centers, otherwise the problem will never be solved.
  Mr. GOODE. Mr. Chairman, how much time remains on each side?
  The Acting CHAIRMAN (Mr. Bass). The gentleman from Virginia (Mr. 
Goode) has 11 minutes remaining, and the gentleman from Texas (Mr. 
Reyes) has 7\1/2\ minutes.
  Mr. GOODE. Mr. Chairman, I yield 4\1/2\ minutes to the gentleman from 
Arizona (Mr. Hayworth).
  Mr. HAYWORTH. Mr. Chairman, I rise in strong support of the Goode 
amendment, and I do so with the utmost respect for the preceding 
speakers on the other side of the aisle. Because in pointing out the 
symptoms and the challenges of the problems we confront on our border, 
rather than arguing against the amendment, as is the intent of my 
friends from Texas, in fact they are bolstering the argument for the 
very reason we should support this amendment.
  Here is why, Mr. Chairman. National security and border security are 
one and the same. As my colleagues from Texas, who share a common 
border as I do in my home State in Arizona, as we share a common border 
with the Republic of Mexico, I would remind my colleagues that to our 
north there is a border stretching with Canada that is close to 8,000 
miles, when you take a look at all the ins and outs. So it is not 
directed absolutely at our neighbors in the south. There is a danger to 
our north.
  This has little to do with morale or professionalism of border patrol

[[Page 11299]]

agents. Instead, it has to do with the incredible job we ask our border 
patrol to do across that vast northern border and across our important 
southern border. It is because of the tenor of the times, in the wake 
of 9/11, and, Mr. Chairman, precisely because of what we heard our 
former colleague, Mr. Goss of Florida, now Director of the Central 
Intelligence Agency, say in an open session to a committee in the other 
body, that his greatest concern is the introduction of some sort of 
weapon or some hostile action taken by those crossing our porous 
borders.
  My colleagues from Texas just pointed out, in terms of those other-
than-Mexicans coming across our southern border, and as the Director of 
the FBI confirmed to a subcommittee of this House, there are 
individuals coming in to this Nation through our southern border who 
are coming from nations that export Islamofascism and terrorism and 
they are adopting Hispanic-sounding surnames as their aliases. And my 
good friend, the gentleman from Texas (Mr. Ortiz), took a direct hand 
in pointing out those who are involved in creating security risks along 
our border. He mentioned the threat of the MS-13 gangs and all that is 
going on.
  My colleagues, the Goode amendment is needed now more than ever. And 
I say that as one from a border State who stood in opposition to 
amendments of this type during my previous years in Congress. But the 
bottom line, Mr. Chairman, is this: yes, we have troops in the field; 
we have troops far from home fighting on the streets of Tikrit so we do 
not see a fight on the streets of Tucson; fighting on the streets of 
Baghdad so we do not see this on the streets of Boston.
  But by the same token, 1 week ago, when we discussed the challenges 
that we were confronting in terms of border security and national 
security, I would suggest that a vacuum exists, because we hear so much 
debate in this House about resources for first responders.
  Mr. Chairman, I would recommend and I would suggest that there is an 
interim vacuum that we should take into account. Not only are men and 
women in uniform on the offensive around the world in a global war on 
terror, but we also must deal with the ability of the Secretary of 
Defense in coordination with the Secretary of the Department of 
Homeland Security to utilize our military personnel. If we had in place 
the adequate manpower and resources for first defenders on our borders, 
perhaps the first responders would not be needed.
  Mr. Chairman, I respect my colleagues from Texas. I understand their 
concerns. Indeed, there is much on this topic where we have agreement. 
We understand the danger we confront. But we have seen the results of 
force multiplication, or at least the presence of American citizens on 
the border in my home State. Force multiplication, and another option 
here is what is needed. Support the Goode amendment.
  Mr. REYES. Mr. Chairman, I yield myself such time as I may consume to 
remind my friend from Arizona that the Department of Defense opposes 
this amendment, and the President already has the constitutional 
authority.
  Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from Minnesota 
(Mr. Kline), who is, coincidentally, from the northern border that the 
gentleman from Arizona was just speaking about and who is a member of 
our committee.
  Mr. KLINE. Mr. Chairman, I thank my friend for yielding me this time, 
and I rise in opposition to the amendment put forward by my good 
friend, the gentleman from Virginia (Mr. Goode). While I support his 
intention with all my heart to provide increased border security to our 
Nation, I would remind my colleagues that we have been taking action in 
this Congress, and will take more, to increase the number of border 
patrol, and as my friend, the gentleman from Texas, said, to pass a 
REAL ID Act, and to take steps where professional law enforcement 
officials are stepping up to provide security for our borders.
  I oppose this amendment because of my fear of what it does to our 
Armed Forces at a time when we are stretched incredibly thin. I think 
back to my days on active duty, and my son's service now on active 
duty, and how hard they are training for this war on terror, how much 
time they are spending deployed, and to think we are now going to ask 
more of them.
  My colleague from Arizona mentioned 8,000 miles of border. I am 
afraid that in our eagerness to defend the border, we will call more 
and more on our men and women in the Armed Forces and put them in a 
very untenable position where they are poorly trained to do a job that 
should be done by professional law enforcement officers and taking them 
away from their primary mission and stretching them ever thinner in 
their primary duties. So, reluctantly, I oppose this amendment.

                              {time}  1345

  Mr. GOODE. Mr. Chairman, I yield myself such time as I may consume.
  Just to comment briefly, this amendment does not require forces on 
the border, it simply authorizes the Department of Homeland Security 
and the Department of Defense to utilize them if necessary to 
supplement the border control, and they have to be trained.
  This amendment is a message-sender to tell the world we are serious 
about illegal immigration, drug trafficking and the threat of terrorism 
coming across the border.
  Mr. Chairman, I yield 2 minutes to the gentleman from Iowa (Mr. 
King).
  Mr. KING of Iowa. Mr. Chairman, I appreciate the gentleman from 
Virginia (Mr. Goode) for yielding me this time and for bringing this 
amendment before this Chamber.
  We look at our borders of this Nation. No nation without borders can 
be a sovereign nation. Without borders, you have no nation. We have 
borders that are absolutely porous, and we are hearing from the 
criticizing media that we cannot control the borders between Iraq and 
Syria, between Iraq and Iran. What about controlling the borders 
between the United States of America and our neighbors to the south and 
to the north?
  We know we have troops that are training all over this country at 
bases around America and around the world. We also know it is good for 
morale to be engaged in something that is meaningful. What better 
terrain than, particularly, our southern border where coffee-stain 
camouflage matches that terrain as well as it does the terrain they are 
in in Iraq today.
  We are dealing with this giant haystack of illegal immigration, and 
we have a policy that says we are going to look for OTMs and terrorists 
and criminals. And we have 8 or 12 or 14 million illegals that have 
come across the border and live in this country today, or more; and 
that number is so great, we stopped 1,139,000 from coming across the 
border in the past year. That is how many we caught.
  Most people will tell you that two out of every three make it 
through. So out of that number and that huge haystack of 3 million or 
more pouring across our borders, we are going to reach in and find the 
needles, the terrorists or criminals or OTMs? I do not think so.
  I think this Nation has to mobilize the resources that is has, 
consistent with the Goode amendment, training the military, put them on 
the border not as a protection force that is going to draw from our 
national security at other places in the world, but put them where they 
can protect our national security while they train to be deployed 
elsewhere as well.
  The Minute Men that stood on the border set that standard, and I 
think the United States military can follow through.
  Mr. REYES. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I remind my good friend, the gentleman from Iowa (Mr. 
King), that the Department of Defense is opposed to this amendment. The 
President already has the authority.
  Mr. Chairman, I yield 1\1/2\ minutes to the gentleman from California 
(Mr. Filner).
  Mr. FILNER. Mr. Chairman, as California's border Congressman, I rise 
to oppose this amendment.
  I am amazed at some of the arguments supporting this amendment.

[[Page 11300]]

Members who agree that we need more security on the border, yet every 
one of them voted for a budget that only had 10 percent of the border 
patrol increase that this Congress has authorized. So they talk about 
more border patrol, but they voted for a budget that did not include 
it!
  Mr. Chairman, I would not vote for an amendment that militarizes my 
colleagues' districts, and I urge my colleagues to oppose the amendment 
aimed at militarizing my district on the California-Mexico border.
  We have a highly trained military. It is the best in the world, but 
it is not trained to perform domestic security duties. It is not 
trained to go on patrol in my neighborhood. It is trained to pursue and 
kill foreign enemies, not to check if visas have expired.
  We do need more border security, but we should give the border patrol 
the support they need to do the job. They are the professionals. Let us 
give them the critical manpower and equipment they need. Let us invest 
in 21st century technology.
  The gentleman from Iowa (Mr. King) talked about a haystack. As our 
border patrol looks for the dangerous needle in the haystack, we can 
use technology to make that haystack smaller. Let us pass more support 
for the border patrol, let us pass comprehensive immigration reform. 
Let us allow the border patrol and other homeland security officials to 
focus on the real dangers to our national security.
  We must have a secure and efficient border, but do not confuse 
immigrants with terrorists, and do not send the Army into my 
neighborhood. The Goode amendment is bad!
  Mr. GOODE. Mr. Chairman, I yield myself such time as I may consume.
  I would point out to the gentleman from California, I did vote for 
his motion to recommit to increase funding to add more border patrol 
officers. This is simply an authorization measure to allow the United 
States, if the Department of Homeland Security and if the Department of 
Defense thought necessary, to utilize forces to supplement the border 
control.
  There are troops on the border today, but they are not U.S. troops, 
they are Mexican troops. We should certainly allow, not mandate, just 
give the permission for our troops to be there and not have them 
violate posse comitatus.
  Mr. Chairman, I yield 2 minutes to the gentleman from North Carolina 
(Mr. Jones).
  Mr. JONES of North Carolina. Mr. Chairman, I want to say to the 
gentlemen on the other side, I do not have two better friends than the 
two gentlemen handling the opposition to this, but this is not about 
anything except responding to the people of America who are concerned 
about what is happening at our borders. I support my good friend from 
Virginia because, as the gentleman says, this is an authorization bill.
  But I can say to Members today, the American people are fed up, tired 
about the fact we have between 8,000 and 10,000 illegal aliens coming 
across the border each and every week. People in this country feel we 
are not doing our job as elected officials in Washington, D.C.
  I have one of the best staffs in eastern North Carolina, in the State 
of North Carolina, of helping people who want to come to this country 
legally. We do everything we can to help them. But what the Goode 
amendment is proposing is absolutely a national security issue. It is 
no more or no less than national security.
  How in the world, when we have terrorists that are planting 
themselves down in Central and South America, and we have had this told 
to us on the Committee on Armed Services, we know this is happening; 
how can we not say to the American people that their security is of the 
utmost importance?
  I heard the gentleman from Minnesota (Mr. Kline), whom I have great 
respect for, talking about our troops being stressed. I would say to 
the gentleman from Minnesota (Mr. Kline), we need to start bringing 
those troops back from Iraq, but that is not the debate here today. The 
debate here today is the fact that we need to do what the American 
people think we were sent here for, and that is to represent their 
interests.
  I was so disappointed when the President of the United States called 
the ``Minute Men'' in Arizona ``vigilantes.'' I would tell Members that 
in the Third Congressional District of North Carolina, where we have 
60,000 retired military, those men that served on that border did not 
do anything but help those who came here illegally go back without any 
threat to them. Those men that stood on the borders of Arizona, they 
are, in the Third District of North Carolina, heroes.
  I say that to the President.
  I hope we will support the Goode amendment because we should care 
about the national security of America.
  Mr. REYES. Mr. Chairman, I yield myself such time as I may consume.
  I would say to the gentleman from North Carolina (Mr. Jones) that I 
have the utmost respect for him, but I would remind the gentleman that 
it is poor public policy to allow citizens to take the law into their 
own hands, whether it is Arizona or not.
  Mr. Chairman, I yield 1 minute to the gentleman from Texas (Mr. 
Hinojosa), who represents a border district.
  Mr. HINOJOSA. Mr. Chairman, I rise in opposition to the Goode 
amendment. As a Member whose district lies along the U.S.-Mexico 
border, I understand my colleague's frustration with our inability to 
stop illegal immigration. However, placing military troops on the 
border is not the solution. Border patrol agents are highly trained to 
handle the jobs of border security, as has been stated this afternoon.
  Mr. Chairman, we need to be providing more funding to hire more 
border patrol personnel. We also need to provide more detention space 
facilities for immigrants who are apprehended, but we do not have the 
money to build them. The Homeland Security bill, which we passed last 
week, takes steps in this direction, although I wish it would have gone 
further.
  We will never stop illegal immigration until this country has a 
comprehensive, realistic immigration policy. I urge the gentleman from 
Virginia (Mr. Goode) to support immigration reform legislation that has 
been introduced by the gentleman from Arizona (Mr. Kolbe), the 
gentleman from Arizona (Mr. Flake) and the gentleman from Illinois (Mr. 
Gutierrez).
  When we are already facing military recruitment shortages, when our 
National Guard and Reserves are going into their second year of active 
service, when this bill will remove thousands of women from support 
positions and when commanders in Iraq and Afghanistan are crying out 
for more troops, we do not need to be giving our military the 
additional mission of securing our borders.
  I urge my colleagues to oppose the amendment.
  Mr. GOODE. Mr. Chairman, I yield 30 seconds to the gentleman from 
California (Chairman Hunter).
  Mr. HUNTER. Mr. Chairman, I want to say, we all know one thing in 
this House Chamber, those who know the record of the gentleman from 
Texas (Mr. Reyes), he is the finest border patrol chief probably in the 
history of our country. He has done a wonderful job.
  We are on opposite sides of this vote. I think the gentleman pointed 
out very clearly one reason we can be on opposite sides of this vote, 
and that is, this is a permission which, arguably, the President 
already has. It is not a mandate; it is a permission. I would 
contemplate this would only be used in extraordinary circumstances.
  Nonetheless, it is a resource that the Department of Homeland 
Security should have at their disposal should they need it for some 
exigency in the future.
  I want to support the Goode amendment, as I have historically. I 
thank Members on both sides for a very high-level debate.
  Mr. REYES. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
Texas (Ms. Jackson-Lee), the ranking member on the Subcommittee on 
Immigration.
  Ms. JACKSON-LEE of Texas. Mr. Chairman, it should be known that the 
gentleman from Texas (Mr. Reyes) has years of very profound experience, 
serving our country not only in the United States military, but 
certainly

[[Page 11301]]

as a border patrol agent and certainly a leader in that particular 
profession.
  Let me suggest to my colleagues that albeit there is a crisis and a 
need for Federal intervention on immigration, I would join my 
colleagues and ask that we join it in comprehensive immigration reform, 
legislative initiatives that have been offered by the Senate and the 
House. I have just introduced a Save America comprehensive immigration 
reform bill; and frankly, if we would fund fully border patrol agents 
and ICE agents, the problem would be solved.
  Putting military at the borders is a violation of the Posse Comitatus 
Act of 1878, and it misuses our military whose basic training is 
defense and shoot to kill. Migrants and immigrants are not enemy 
combatants. And, frankly, if you come to the border of Texas where 
people live in harmony, those who happen to look possibly alike, 
illegal immigrants, there is a great possibility of danger, danger to 
the soldiers and danger to those civilians.
  Border patrol agents are serving our country. In fact, in testimony 
yesterday before our Subcommittee on Homeland Security, when I spoke to 
one of their representatives, he indicated what is the sense of 
training military personnel who are temporarily in the United States 
Army or Marines, and then lose or eliminate that training by them 
leaving the service and losing the investment, where you would have 
border patrol agents who have the long-term investment.
  Mr. Chairman, yes, this sounds great and it has an emotional appeal 
as we go toward Memorial Day, but I have the greatest respect and honor 
for the United States military as they fight to defend this Nation. To 
use them in a civilian capacity that is the responsibility of the 
Federal Government is an outrage and should not be done.
  Let us work together harmoniously to secure the American borders in 
the right way, and let us allow the United States military to serve 
their Nation and defend this country in the way that they have been 
trained to do it, not water down their duties and add to the danger of 
civilian/military conflict.
  I rise in opposition to this amendment. It would authorize the 
Secretary of Defense to assign members of the Army, the Navy, the Air 
Force, and the Marines to assist the Department of Homeland Security in 
the performance of border protection functions.
  I share my colleague's desire for a secure border, but this is not 
the way to do it. Border security is a civilian responsibility that has 
been assigned to the Department of Homeland Security, not to the 
military. I also want to express my disapproval of permitting civilian 
volunteers such as the minutemen to assist in securing our borders. We 
can provide the additional support the Department needs by increasing 
the number of border patrol agents. Soldiers are not necessary or 
desirable as border patrolmen.
  Putting troops on the border would violate the Posse Comitatus Act of 
1878, which prohibits the United States military from patrolling within 
United States borders.
  The United States military is stretched thin from wars in Afghanistan 
and Iraq. Putting troops at our border would further strain our 
capabilities abroad.
  Migrants are not enemy combatants. They are seeking better economic 
opportunities for their families. Their plight should not be combated 
with military force, but rather with immigration reform.
  The United States Border Patrol actively cooperates with the military 
in many areas--from infrastructure construction to the implementation 
of new high-tech monitoring such as unmanned aerial vehicles. The 
Border Patrol already knows when and how to ask for cooperation from 
the military.
  The military is not trained to operate in United States civilian 
communities, as is the case with much of the border. More than 10 
million people live along the American side of the Mexico border. 
Putting military patrols in their communities would put many people at 
risk.
  For instance, on May 20, 1997, a Marine shot and killed an 18-year-
old goat herder, Ezekiel ``Zeke'' Hernandez. The incident occurred on 
the eastern outskirts of the village of Redford, Texas. The Marines 
were on the border to patrol against drug smugglers. Ezekiel was shot 
because he was carrying a gun to protect his flock, and fired a shot, 
most likely to scare away predators threatening his herd. In view of 
the fact the Marines were camouflaged, it is unlikely that Ezekiel saw 
them. I do not want to see more incidents like this take place on 
American soil.
  I urge you to vote against this amendment.

                              {time}  1400

  Mr. GOODE. Mr. Chairman, I yield myself the balance of my time.
  I would like to say that I think the gentlewoman from Texas (Ms. 
Jackson-Lee) was right on target when she said allowing troops on the 
border under current law in the United States would violate posse 
comitatus. I am not sure that it would, but if they were requested 
tomorrow by the Secretary of Homeland Security and went there, I assure 
you there would be lawsuits and national media saying we were violating 
posse comitatus. Pass this amendment and we will not have that 
obstruction to protecting the security of the United States of America.
  I want to salute the gentleman from Texas (Mr. Reyes) for his 
conducting of this debate, a great debate. I also want to thank him for 
his service which was truly outstanding, as the gentleman from 
California said.
  I would like to close by urging you to vote for the security of the 
United States and simply give to the Department of Homeland Security 
with the concurrence of the Department of Defense the authorization to 
use troops without running afoul of posse comitatus.
  Mr. REYES. Mr. Chairman, it is my pleasure to yield 30 seconds to the 
gentleman from Missouri (Mr. Skelton), the ranking member of the 
committee.
  Mr. SKELTON. I thank the gentleman for yielding time.
  Mr. Chairman, if there is anyone in this Chamber that understands the 
border and the business at the border, it is the former border patrol 
chief, the gentleman from Texas (Mr. Reyes). His expertise is beyond 
question.
  At a time when we are stretching our young people in uniform, 
particularly the United States Army, at a time when 40 percent of those 
in Iraq and Afghanistan are Reservists or National Guardsmen, at a time 
when we are having a difficult time in recruiting and problems rising 
in retention, we just cannot afford to put additional troops on the 
border. That is the purpose of the border patrol, and it is up to this 
body in other amendments and other bills to authorize and appropriate 
more border patrolmen for that necessary job.
  Mr. REYES. Mr. Chairman, I yield myself the balance of my time. I 
want to also thank the gentleman from Virginia (Mr. Goode) for a great 
debate here and all the Members that participated.
  Mr. Chairman, this is an issue that is very much discussed around the 
country. As my friend from South Carolina said, this is in response to 
the issue that the American people seek relief on. But this is a false 
response. The Department of Defense opposes this amendment. Homeland 
Security needs more border patrol agents, more technology, more 
resources, not troops, to help them. The President already has the 
constitutional authority to deploy troops as necessary.
  I would ask all Members that have spoken on this very important 
issue, let us get together and let us ask for hearings so that we can 
have relief in areas like my friend and colleague from south Texas (Mr. 
Ortiz) articulated. Border patrol agents are demoralized today because 
they are the equivalent of tourist enterprises, in terms of passing out 
letters to other-than-Mexican undocumented people that are allowed to 
travel anywhere in the country.
  I urge my colleagues to oppose this amendment and support efforts to 
recruit, train, and deploy additional border patrol agents and 
resources. That is the way we ought to be going.
  The Acting CHAIRMAN (Mr. Bass). The question is on the amendment 
offered by the gentleman from Virginia (Mr. Goode).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. REYES. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Virginia 
(Mr. Goode) will be postponed.

[[Page 11302]]




                Amendments En Bloc Offered by Mr. Hunter

  Mr. HUNTER. Mr. Chairman, I offer amendments en bloc.
  The Acting CHAIRMAN. The Clerk will designate the amendments en bloc.
  The Clerk designated the amendments en bloc, as follows:

       Amendments en bloc offered by Mr. Hunter printed in House 
     Report 109-96 consisting of amendment No. 2; amendment No. 3; 
     amendment No. 7; amendment No. 10; amendment No. 13; 
     amendment No. 15; amendment No. 21; amendment No. 28; 
     amendment No. 18; and amendment No. 25.


                  Amendment No. 2 Offered by Mr. Ortiz

  The text of the amendment is as follows:

       Page 45, line 18, insert ``(a) In General.--'' before 
     ``Section 216''.
       Page 47, after line 6, insert the following:
       (b) Sustainment Plan.--Not later than December 31, 2005, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a plan for sustaining the MHC-51 class 
     mine countermeasures ships and supporting dedicated mine 
     countermeasures systems until the Littoral Combat Ship and 
     next-generation mine countermeasures systems are deployed and 
     capable of assuming the mission of the MHC-51 class mine 
     countermeasures ships.

                 Amendment No. 3 Offered by Ms. Kaptur

  The text of the amendment is as follows:

       At the end of subtitle B of title III (page 70, after line 
     11), insert the following new section:

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

       (a) In General.--The Secretary of Defense shall conduct a 
     study on the use of biodiesel and ethanol fuel by the Armed 
     Forces and the Defense Agencies and any measures that can be 
     taken to increase such use.
       (b) Elements.--The study shall include--
       (1) a review and assessment of potential requirements for 
     increased use of biodiesel and ethanol fuel within the 
     Department of Defense and research and development efforts 
     required to meet those increased requirements;
       (2) based on the review in subparagraph (1), a forecast of 
     the requirements of the Armed Forces and the Defense Agencies 
     for biodiesel and ethanol fuels for each of fiscal years 2007 
     through 2012;
       (3) an assessment of the current and future commercial 
     availability of biodiesel and ethanol fuel, including 
     facilities for the production, storage, transportation, 
     distribution, and commercial sale of such fuel;
       (4) a review of the actions of the Department of Defense to 
     coordinate with State, local, and private entities to support 
     the expansion and use of alternative fuel refueling stations 
     that are accessible to the public; and
       (5) an assessment of the fueling infrastructure on military 
     installations in the United States, including storage and 
     distribution facilities, that could be adapted or converted 
     for the delivery of biodiesel and ethanol fuel.
       (c) Report.--Not later than February 1, 2006, the Secretary 
     shall submit to the congressional defense committees a report 
     on the study conducted under subsection (a).
       (d) Definitions.--In this section:
       (1) The term ``ethanol fuel'' means fuel that is 85 percent 
     ethyl alcohol.
       (2) The term ``biodiesel'' means a diesel fuel substitute 
     produced from nonpetroleum renewable resources that meets the 
     registration requirements for fuels and fuel additives 
     established by the Environmental Protection Agency under 
     section 7545 of title 42, United States Code.

                 Amendment No. 7 Offered by Mr. Simmons

  The text of the amendment is as follows:

       At the end of title V (page 194, after line 11), add the 
     following new section:

     SEC. 575. ELIGIBILITY OF CERTAIN PERSONS FOR SPACE-AVAILABLE 
                   TRAVEL ON MILITARY AIRCRAFT.

       (a) Eligibility of ``Gray Area'' Retirees and Spouses.--
     Chapter 157 of title 10, United States Code, is amended by 
     inserting after section 2641a the following new section:

     ``Sec. 2641b. Space-available travel on Department of Defense 
       aircraft: Reserve members eligible for retired pay but for 
       age; spouses

       ``(a) Reserve Retirees Under Age 60.--A member or former 
     member of a reserve component under 60 years of age who, but 
     for age, would be eligible for retired pay under chapter 1223 
     of this title shall be provided transportation on Department 
     of Defense aircraft, on a space-available basis, on the same 
     basis as members of the armed forces entitled to retired pay 
     under any other provision of law.
       ``(b) Dependents.--The dependent of a member or former 
     member under 60 years of age who, but for age, would be 
     eligible for retired pay under chapter 1223 of this title, 
     shall be provided transportation on Department of Defense 
     aircraft, on a space-available basis, on the same basis as 
     dependents of members of the armed forces entitled to retired 
     pay under any other provision of law.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2641a the following new item:

``2641b. Space-available travel on Department of Defense aircraft: 
              Reserve members eligible for retired pay but for age; 
              spouses.''.

                 Amendment No. 10 Offered by Mr. Filner

  The text of the amendment is as follows:

       At the end of title VI (page 279, after line 6), add the 
     following new section:

     SEC. __. REPORT ON SPACE-AVAILABLE TRAVEL FOR CERTAIN 
                   DISABLED VETERANS.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report on the feasibility of providing transportation on 
     Department of Defense aircraft on a space-available basis for 
     any veteran with a service-connected disability rating of 50 
     percent or higher. The Secretary of Defense shall prepare the 
     report in consultation with the Secretary of Veterans 
     Affairs.


                Amendment No. 13 Offered by Ms. DeLauro

  The text of the amendment is as follows:

       At the end of title VII (page 297, after line 26), insert 
     the following new section:

     SEC. 718. MENTAL HEALTH AWARENESS FOR DEPENDENTS.

       (a) Program.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall develop 
     a program to improve awareness of the availability of mental 
     health services for, and warning signs about mental health 
     problems in, dependents of members of the Armed Forces whose 
     sponsor served or will serve in a combat theater during the 
     previous or next 60 days.
       (b) Matters Covered.--The program developed under 
     subsection (a) shall be designed to--
       (1) increase awareness of mental health services available 
     to dependents of members of the Armed Forces on active duty;
       (2) increase awareness of mental health services available 
     to dependents of Reservists and National Guard members whose 
     sponsors have been activated; and
       (3) increase awareness of mental health issues that may 
     arise in dependents referred to in paragraphs (1) and (2) 
     whose sponsor is deployed to a combat theater.
       (c) Toll-Free Number.--In carrying out this section, the 
     Secretary of Defense shall establish a toll-free 
     informational telephone number and website devoted to helping 
     members of the Armed Forces and their dependents recognize, 
     and locate treatment providers for, post-traumatic stress 
     disorder and other forms of combat stress.
       (d) Coordination.--The Secretary may permit the Department 
     of Defense to coordinate the program developed under 
     subsection (a) with an accredited college, university, 
     hospital-based, or community-based mental health center or 
     engage mental health professionals to develop programs to 
     help implement this section.
       (e) Availability in Other Languages.--The Secretary shall 
     ensure that the program developed under subsection (a) is 
     made available in foreign languages if necessary to aid 
     comprehension among persons to be helped by the program.

                Amendment No. 15 Offered by Mr. Manzullo

  The text of the amendment is as follows:

       At the end of subtitle B of title VIII (page 321, after 
     line 3), insert the following new section:

     SEC. 818. BUY AMERICAN REQUIREMENT FOR PROCUREMENTS OF GOODS 
                   CONTAINING COMPONENTS.

       (a) Requirement.--Notwithstanding any agreement described 
     in subsection (b), with respect to any manufactured end 
     product procured by the Department of Defense--
       (1) the end product shall be manufactured in the United 
     States; and
       (2) the cost of components of the end product that are 
     mined, produced, or manufactured inside the United States 
     shall exceed 50 percent of the cost of all components of the 
     end product.
       (b) Agreement Described.--An agreement referred to in 
     subsection (a) is any reciprocal defense procurement 
     memorandum of understanding between the United States and a 
     foreign country pursuant to which the Secretary of Defense 
     has prospectively waived the Buy American Act (41 U.S.C. 10a 
     et seq.) for certain products in that country.

                Amendment No. 21 Offered by Mr. Crowley

  The text of the amendment is as follows:

       At the end of title X (page 402, after line 22), add the 
     following new section:

     SEC. 1048. SENSE OF CONGRESS RECOGNIZING THE DIVERSITY OF THE 
                   MEMBERS OF THE ARMED FORCES KILLED IN OPERATION 
                   IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 
                   AND HONORING THEIR SACRIFICES AND THE 
                   SACRIFICES OF THEIR FAMILIES.

       (a) Findings.--Congress finds the following:
       (1) Over 1,500 members of the United States Armed Forces 
     have been killed while serving

[[Page 11303]]

     in Operation Iraqi Freedom and Operation Enduring Freedom.
       (2) The members of the Armed Forces killed in Operation 
     Iraqi Freedom and Operation Enduring Freedom came from 
     diverse ethnic backgrounds.
       (3) All of these members of the Armed Forces lost their 
     lives defending the cause of freedom, democracy, and liberty.
       (4) Diversity is an essential part of the strength of the 
     Armed Forces, in which members having different ethnic 
     backgrounds and faiths share the same goal of defending the 
     cause of freedom, democracy, and liberty.
       (5) The Armed Forces are representative of the diverse 
     culture and backgrounds that make the United States a great 
     nation.
       (b) Sense of Congress.--It is the sense of Congress that 
     the United States should--
       (1) recognize and celebrate the diversity of the Armed 
     Forces; and
       (2) recognize and honor the sacrifices being made by the 
     diverse members of the Armed Forces and their families in the 
     war against terrorism.

                 Amendment No. 28 Offered by Mr. Spratt

  The text of the amendment is as follows:

       At the end of title XII (page 427, after line 11), insert 
     the following new section:

     SEC. ___. WAR-RELATED REPORTING REQUIREMENTS.

       (a) Reports Required for Operation Iraqi Freedom, Operation 
     Enduring Freedom, and Operation Noble Eagle.--The Secretary 
     of Defense shall submit to Congress, in accordance with this 
     section, war-related reports on costs, military personnel 
     force levels, reconstitution, and military construction for 
     each of Operation Iraqi Freedom, Operation Enduring Freedom, 
     and Operation Noble Eagle.
       (b) Costs.--
       (1) Costs.--Each report prepared under subsection (a) shall 
     specify, for each operation named in that subsection, for 
     each fiscal year beginning with fiscal year 2001, the 
     following:
       (A) The initial planned allocation of budget authority, by 
     funding source and appropriation account.
       (B) The amount of budget authority made available through 
     reported and below-threshold funding transfers, categorized 
     by account and type of expense.
       (C) A monthly obligation plan for the year, by 
     appropriation account.
       (D) Amounts of obligations and outlays, by appropriation 
     account and type of expense.
       (2) Submission requirements.--The Secretary of Defense 
     shall submit the initial report, which shall document cost 
     data for each fiscal year beginning with fiscal year 2001 
     through fiscal year 2005, no later than 180 days after the 
     date of the enactment of this Act. Thereafter, the Secretary 
     of Defense shall submit cost reports monthly, no later than 
     45 days after the end of each reporting month.
       (c) Military Personnel Force Levels.--
       (1) Military personnel force levels.--Each report prepared 
     under subsection (a) shall specify the following:
       (A) The number of military personnel supporting Operation 
     Iraqi Freedom and Operation Enduring Freedom by component 
     (active and reserve).
       (B) The number of Guard and reserve personnel backfilling 
     in the United States or elsewhere, training up, or 
     demobilizing in support of Iraqi Freedom or Operation 
     Enduring Freedom each month from September 2001 to the 
     present.
       (C) The number of Guard and reserve activations by service, 
     for each of Operation Enduring Freedom, Operation Iraqi 
     Freedom, and Operation Noble Eagle, starting with 2002, and 
     including the number of personnel activated once, twice, and 
     three times in the previous four years in support of those 
     operations.
       (D) The number of active-duty personnel who have deployed 
     once, twice, and three times in support of Operation Enduring 
     Freedom and Operation Iraqi Freedom in the previous four 
     years.
       (E) The number of personnel by primary occupational skill 
     for reservist-component personnel who were activated more 
     than once and active-duty personnel who were deployed more 
     than once in support of those operations.
       (2) Submission requirements.--The first report required by 
     paragraph (1) shall be submitted to Congress not later than 
     180 days after the date of the enactment of this Act. 
     Thereafter, the Secretary of Defense shall submit reports 
     monthly updating personnel information no later than 45 days 
     after the end of each reporting month.
       (d) Reconstitution.--
       (1) Procurement.--The report prepared under subsection (a) 
     shall identify, for each war-related procurement funding 
     request since fiscal year 2003, end-item quantities requested 
     and the purpose of the request (such as replacement for 
     battle losses, improved capability, increase in force size, 
     restructuring of forces), shown by service.
       (2) Equipment maintenance.--The report prepared under 
     subsection (a) shall provide an assessment that compares 
     peacetime versus wartime equipment maintenance requirements. 
     The assessment should include the effect of war operations on 
     the backlog of maintenance requirements over the period of 
     fiscal years 2003 to the present. It should also examine the 
     extent that war operations have precluded maintenance from 
     being performed because equipment was unavailable.
       (3) Submission requirements.--The report under this 
     subsection shall be submitted to the Congress not later than 
     180 days after the date of the enactment of this Act. The 
     Secretary of Defense shall submit updated procurement and 
     equipment maintenance reports concurrently with future war-
     related funding requests.
       (e) Military Construction.--
       (1) Military construction.--The report prepared under 
     subsection (a) shall identify all funded military 
     construction projects, including temporary projects funded 
     with operations and maintenance funds, in the Iraq and 
     Afghanistan theaters of operations in each fiscal year 
     beginning with 2003. For each such project, the report shall 
     identify the funding amount, purpose, location, and whether 
     the project is for a temporary or permanent structure. The 
     report shall also identify the number of United States 
     military personnel that can be supported by the facility 
     infrastructure in Iraq and Afghanistan and in the neighboring 
     countries from where Operations Iraq Freedom and Enduring 
     Freedom are supported.
       (2) Submission requirements.--The report shall be submitted 
     the Congress not later than 180 days after the date of the 
     enactment of this Act. The Secretary of Defense shall submit 
     an updated military construction report concurrently with 
     future war-related funding requests.

                Amendment No. 18 Offered by Mr. Simmons

  The text of the amendment is as follows:

       At the end of subtitle B of title VIII (page 321, after 
     line 3), add the following new section:

     SEC. 818. DOMESTIC SOURCE RESTRICTION FOR LITHIUM ION CELLS 
                   AND BATTERIES.

       Section 2534(a) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(6) Lithium ion cells and batteries.--Lithium ion cells 
     and batteries and manufacturing technology for lithium ion 
     cells and batteries.''.

                 Amendment No. 25 Offered by Mr. Israel

  The text of the amendment is as follows:

       Page 409, line 9, strike ``SCHOLARSHIP'' and insert 
     ``EDUCATION''.
       Page 409, line 18, strike ``and''.
       Page 409, after line 19, insert:
       (C) by inserting ``foreign languages,'' after 
     ``engineering,''; and

 Modification to Amendment No. 13 and Amendment No. 28 Offered by Mr. 
                                 Hunter

  Mr. HUNTER. Mr. Chairman, I ask unanimous consent that amendment No. 
13 offered by the gentlewoman from Connecticut (Ms. DeLauro) and 
amendment No. 28 offered by the gentleman from South Carolina (Mr. 
Spratt) and printed in House Report 109-96 be modified in the form I 
have placed at the desk.
  The Acting CHAIRMAN. The Clerk will report the modifications.
  The Clerk read as follows:

       Modification to amendment No. 13 offered by Ms. DeLauro:
       The amendment as modified is as follows:
       At the end of title VII (page 297, after line 26), insert 
     the following new section:

     SEC. 718. MENTAL HEALTH AWARENESS FOR DEPENDENTS.

       (a) Program.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall develop 
     a program to improve awareness of the availability of mental 
     health services for, and warning signs about mental health 
     problems in, dependents of members of the Armed Forces whose 
     sponsor served or will serve in a combat theater during the 
     previous or next 60 days.
       (b) Matters Covered.--The program developed under 
     subsection (a) shall be designed to--
       (1) increase awareness of mental health services available 
     to dependents of members of the Armed Forces on active duty;
       (2) increase awareness of mental health services available 
     to dependents of Reservists and National Guard members whose 
     sponsors have been activated; and
       (3) increase awareness of mental health issues that may 
     arise in dependents referred to in paragraphs (1) and (2) 
     whose sponsor is deployed to a combat theater.
       (c) Coordination.--The Secretary may permit the Department 
     of Defense to coordinate the program developed under 
     subsection (a) with an accredited college, university, 
     hospital-based, or community-based mental health center or 
     engage mental health professionals to develop programs to 
     help implement this section.
       (d) Availability in Other Languages.--The Secretary shall 
     evaluate whether effectiveness of the program developed under 
     subsection (a) would be improved by providing materials in 
     languages other than English and take action accordingly

[[Page 11304]]

       (e) Report.--Not later than one year after implementation 
     of the program developed under subsection (a), the Secretary 
     shall submit to Congress a report on the effectiveness of the 
     program, including the extent to which the program is used by 
     low-English-proficient individuals.

       Modification to amendment No. 28 offered by Mr. Spratt:
       At the end of title XII (page 427, after line 11), insert 
     the following new section:

     SEC. ___. WAR-RELATED REPORTING REQUIREMENTS.

       (a) Reports Required for Operation Iraqi Freedom, Operation 
     Enduring Freedom, and Operation Noble Eagle.--The Secretary 
     of Defense shall submit to the congressional defense 
     committees, in accordance with this section, war-related 
     reports on costs, reconstitution, and military construction 
     for each of Operation Iraqi Freedom, Operation Enduring 
     Freedom, and Operation Noble Eagle.
       (b) Submission to GAO of Certain Reports on Costs.--The 
     Secretary of Defense shall submit to the Comptroller General, 
     no later than 45 days after the end of each reporting month, 
     the Department of Defense Supplemental and Cost of War 
     Execution reports. Based on these reports, the Comptroller 
     General shall provide Congress quarterly updates on war 
     costs.
       (c) Reconstitution.--
       (1) Procurement.--The report prepared under subsection (a) 
     shall identify, for each war-related procurement funding 
     request since fiscal year 2003, end-item quantities requested 
     and the purpose of the request (such as replacement for 
     battle losses, improved capability, increase in force size, 
     restructuring of forces), shown by service.
       (2) Equipment maintenance.--The report prepared under 
     subsection (a) shall provide an assessment that compares 
     peacetime versus wartime equipment maintenance requirements. 
     The assessment should include the effect of war operations on 
     the backlog of maintenance requirements over the period of 
     fiscal years 2003 to the present. It should also examine the 
     extent that war operations have precluded maintenance from 
     being performed because equipment was unavailable.
       (3) Submission requirements.--The report under this 
     subsection shall be submitted to the Congress not later than 
     180 days after the date of the enactment of this Act. The 
     Secretary of Defense shall submit updated procurement and 
     equipment maintenance reports concurrently with future war-
     related funding requests.
       (d) Military Construction.--
       (1) Military construction.--The report prepared under 
     subsection (a) shall identify the number of United States 
     military personnel that can be supported by the facility 
     infrastructure in Iraq and Afghanistan and in the neighboring 
     countries from where Operation Iraq Freedom and Operation 
     Enduring Freedom are supported.
       (2) Submission requirements.--The report shall be submitted 
     to Congress not later than 180 days after the date of the 
     enactment of this Act. The Secretary of Defense shall submit 
     an updated military construction report concurrently with 
     future war-related funding requests.

  Mr. HUNTER (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendments, as modified, be considered as read and 
printed in the Record.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The Acting CHAIRMAN. Without objection, the modifications are agreed 
to.
  There was no objection.
  The Acting CHAIRMAN. Pursuant to House Resolution 293, the gentleman 
from California (Mr. Hunter) and the gentleman from Missouri (Mr. 
Skelton) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Hunter).
  Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from 
Connecticut (Mr. Simmons).
  Mr. SIMMONS. Mr. Chairman, I rise in strong support of the en bloc 
amendments. I would like to draw particular attention to one portion of 
the en bloc amendments that deals with space-available travel, space-
available, or space-A travel for certain military personnel.
  One of the benefits of serving in the U.S. military is that you are 
allowed to access available spaces on military aircraft flying around 
the country or, indeed, flying around the world. It is a benefit that 
we extend to our active duty servicemembers, to some of the Guard and 
the Reserve. But if you happen to be a retired member of the U.S. Army 
reserve or a retired member of the Guard, not yet 60 years old, you are 
not eligible for space-A, or space-available travel.
  What my amendment does is extends to those members of our Guard and 
Reserve who are retired but under 60 years old the benefit of allowing 
them to go on space-A travel for themselves and for their dependents. 
This would affect all branches of service, for those Guardsmen and 
those retirees from the U.S. Army and other branches of the Reserve. 
This eligibility is cost free. After all, the airplanes are flying. 
They have empty seats. So why should we not extend this privilege to 
those retired members of our Guard and Reserve?
  I think that in recent years, we have come to understand and respect 
the fact that members of the Guard and the Reserve are stepping up to 
the plate when it comes to deployments in the war against terror. The 
least that we can do here in this body, in this amendment, is extend to 
them the privilege of space-available travel when they retire.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
Connecticut (Ms. DeLauro).
  Ms. DeLAURO. Mr. Chairman, my amendment would require the Department 
of Defense to implement a new mental health awareness campaign for 
families of servicemembers who are soon to be deployed or have recently 
been deployed to a combat theater.
  The amendment is important for families of National Guardsmen and 
Reservists whose families face unique challenges when loved ones are 
deployed. Unlike their active duty counterparts, Reserve and Guard 
families often live far from a military base and the wider array of 
social, family, and medical services that can be found there.
  According to the Army, one in six soldiers serving in Operation Iraqi 
Freedom suffers from post-traumatic stress disorder. More than 900 
soldiers have been evacuated from Iraq because of problems related to 
mental health. Today, mental illnesses like PTSD remain a stigma for 
many in our society. We know the damage mental illnesses can do away 
from the battlefield, ruining families, causing alcoholism, drug abuse, 
and homelessness. It is a difficult time for troops and their families 
when our soldiers are deployed.
  In April 2004, I met with many families of the Army Reserve's 439th 
Quartermaster Company. Initially what was supposed to be a 6-month tour 
of duty was extended twice and the unit wound up serving for 14 months 
or longer. I met with their families. I saw the unbelievable strain 
they were under, bills mounting, responsibilities to family 
multiplying, frustrated in their efforts to get the answers they needed 
regarding the unit's status. It illustrated what we need to do for our 
Reservists, what it means for what they leave behind, not only their 
families, their jobs and their lives back home. That is what happens 
when Reservists are activated. Everyone sacrifices. We need to make 
sure that when all our soldiers come home that their homecomings are 
accompanied by any services and treatment that they and their families 
may need. They deserve no less.
  This is a commonsense amendment. I want to thank the gentleman from 
California (Mr. Hunter) and the gentleman from Missouri (Mr. Skelton) 
for their advice and my colleagues on the Rules Committee for making 
this amendment in order. I urge my colleagues to support it.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
South Carolina (Mr. Spratt).
  Mr. SPRATT. I thank the gentleman for yielding me this time.
  Mr. Chairman, I rise to speak in support of the en bloc amendment and 
also a particular provision of it whereby the leadership of the 
committee has worked with me to include some reporting requirements. 
They are not as complete as I would like. In fact, we have pared them 
back three or four times in order to reach consensus, but nevertheless 
I am glad that we will put them in here because they relate to 
reporting and oversight of our commitment in Iraq and Afghanistan and 
Operation Nobel Eagle.
  There are three main areas that will be covered in these war-related 
reports: costs with numerous breakdowns, the reconstitution of 
equipment, and military construction, partly because it is

[[Page 11305]]

a good indicator of where we are headed. The Congress has just passed 
an $82 billion supplemental making the total amount provided this year 
for Afghanistan and Iraq over $100 billion. Only 2 weeks after its 
enactment, the Army is already hinting that they may run out of O&M 
funds. As a consequence, we have a bridge provision in this particular 
bill authorizing an additional $49 billion. The House Appropriations 
Committee just approved a $45 billion bridge, a supplemental that is 
intended to carry the services through the early months of fiscal year 
2006, at which time another supplemental will be needed.
  We need a better system for tracking these costs as they are 
incurred. We do not get it in advance on the Committee on Armed 
Services. That is why we are providing an advance authorization in this 
bill. But we need to have at least the information retrospectively so 
that we can see where the costs are being incurred and we can keep tabs 
on some of the contingencies that are going to have to be paid down the 
road, costs that are being incurred now like repairing equipment which 
has suffered greatly in the environment in Afghanistan and in Iraq.
  These are, I think, essential amendments if we are to do our 
oversight job on the Committee on Armed Services. I appreciate the 
chairman and the ranking member working with me to see that they are 
included in the en bloc amendments.
  Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentlewoman from 
New York (Mrs. Kelly).
  Mrs. KELLY. Mr. Chairman, I rise today to express concerns about the 
recent Department of Defense study, ``Domestic Dependent Elementary and 
Secondary Schools Transfer Study,'' that was released in February. It 
is called DDESS. It calls for significant changes to a number of the 58 
elementary, middle and high schools on U.S. military installations that 
would, I believe, be viewed as a reduction in benefits for our military 
personnel. These are first-class schools, all 58 of which provide 
prekindergarten programs, special education programs, and maintain 
significantly higher student achievement in national test results.
  My district is home to West Point, the U.S. Military Academy. The 
elementary school at the academy is the finest of its kind in the 
Department of Defense. During a recent study, it was ranked number one 
out of 55 in the entire Nation. The school maintains a number of 
advantages that simply cannot be duplicated, including the maintenance 
of a federally funded pre-K program, onsite provision for 95 percent of 
special education services, and minority achievement scores which meet 
or exceed national averages. Notwithstanding these factors, the DOD 
study recommended the students be transferred to the local school 
system. Similarly, seemingly unsupportable recommendations were made 
for other DOD schools.
  Mr. Chairman, given this, I ask that the committee and Congress give 
careful consideration before allowing the Secretary of Defense to 
implement any recommendation of the DDESS transfer study to close any 
Department of Defense domestic dependent elementary or secondary school 
or to transfer any faculty or students of the Department of Defense 
domestic dependent elementary or secondary schools system to an entity 
of a State or local government.
  Mr. HUNTER. Mr. Chairman, will the gentlewoman yield?
  Mrs. KELLY. I yield to the gentleman from California.
  Mr. HUNTER. Mr. Chairman, I understand the gentlewoman's concern. I 
look forward to working with her to prevent unnecessary closures or 
transfers not just at West Point but also at DDESS across the country. 
I agree it is important to provide such benefits for our military 
personnel to not only recruit the best for our military but to provide 
the safety, security, and necessary programs to the DDESS students and 
their parents.

                              {time}  1415

  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
New York (Mr. Crowley).
  Mr. CROWLEY. Mr. Chairman, I thank the distinguished gentleman from 
Missouri (Mr. Skelton), the ranking member, for yielding me this time.
  Mr. Chairman, I rise in support of the Defense Authorization bill. I 
want to thank the gentleman from California (Chairman Hunter), chairman 
of the committee; and, again, his counterpart, the gentleman from 
Missouri (Mr. Skelton), a man whom I greatly respect for crafting 
along, with the gentleman from California (Mr. Hunter), a very 
bipartisan bill.
  While this is not a perfect bill, in today's environment here on 
Capitol Hill, it is a testament to both of these men and their staffs 
that they are able to work so well together to put a bill forward that 
so many of us can support; and to both of them we are extremely 
grateful.
  I would also like to thank the Committee on Rules for making our 
amendment in order for debate today. My amendment is a Sense of 
Congress honoring the diversity of the men and women who have given 
their lives in defense of our country. The people of our Armed Forces 
are put in harm's way on a daily basis, and I am so proud of them for 
having the ability to keep fighting to protect our Nation's security.
  Over 1,500 members of the armed services have been killed while 
serving in Operation Iraqi Freedom and Operation Enduring Freedom. And 
I believe it is important for this body to recognize the sacrifices 
being made by these diverse members of the Armed Forces and their 
families in the war on terror. Several members of our Armed Forces from 
my district have been killed while serving in defense of our Nation.
  I happen to represent one of the most diverse districts in our 
country today, and I am proud to say that this diversity is strongly 
represented in the military today as well. When I am back in my 
district, I make it my business to meet with veterans and members of 
the Armed Forces who have just returned from service, and I have found 
that many of these brave men and women are from the Latino and African 
American communities. While they are so happy to be home with their 
families, many of them still have the sense that their mission is not 
over, and they want to continue to protect our Nation against those who 
look to do us harm.
  The military is an opportunity for minority communities to start a 
better way of life for themselves, whether it is going to college after 
service or using the skills they have learned in the military to find a 
good job.
  I commend these men and women and send my sincerest condolences to 
the families of those who have lost loved ones in their service to our 
Nation.
  Mr. HUNTER. Mr. Chairman, I yield 4 minutes to the gentleman from 
Virginia (Mr. Tom Davis), chairman of the Committee on Government 
Reform.
  Mr. TOM DAVIS of Virginia. Mr. Chairman, I would like to speak 
against the Manzullo amendment, which is part of the en bloc 
amendments, and also the Blunt amendment.
  The Manzullo amendment, basically, will radically change the current 
application of the Buy American Act. I think it could place the United 
States in violation of more than 20 critical defense memoranda of 
understanding with some of our strong allies like Australia, Canada, 
Israel, and the United Kingdom.
  Under DOD policies, under Buy American, there is a 50 percent cost 
differential if they cannot certify that a product is made with more 
than half of its components in the United States. In a global economy 
it is often hard to certify, and we actually put some of these 
companies at risk with their certifications. Some companies have had to 
set up costly accounting procedures so that they can track where 
different pieces of a product's components are assembled around the 
world to add up: Does it comply with the Buy American Act or does it 
not comply with the Buy American Act?
  This amendment would sweep away the current waivers of the Buy 
American Act that have been carefully negotiated with our strongest 
military partners, and I am afraid will invoke retaliation if they are 
upheld. The restriction would cause the Department

[[Page 11306]]

of Defense problems in purchasing the best goods for a fair price, 
particularly commercial technologies, so we would be denied in some 
cases the best cameras, the best laboratory and surveillance equipment. 
Even the BlackBerrys, which Members have, would be subject to this 
because 50 percent of its components are not assembled in the United 
States.
  With this we would deprive our soldiers of the best equipment, the 
best equipment in many cases that would make them more efficient. In 
some cases it could make them even less safe. And that is the problem 
with this amendment. Our soldiers deserve the best wherever its 
components are assembled, and this blanks out some of the waiver 
provisions that we have under the current law.
  We are already challenged to compete in a global marketplace where we 
do not always have a competitive advantage. Dismantling the regime of 
defense memoranda of understanding that have helped create and support 
the vibrant world marketplace in the end only hurts American workers.
  Besides violating our defense MOUs, this provision will require DOD 
to pay an artificially high price for products it needs to protect all 
of us. Defense dollars are already scarce. We need to be getting the 
maximum bang for our bucks, and the difficulty with our procurement 
system is that the Members try to do too many things with them.
  In the Blunt amendment case, they want to give a differentiation for 
people who hire a number of National Guard or Reserve officers; in this 
case, it is Buy American; in other cases, it may be a small or minority 
business. At the end of the day, this creates many inefficiencies in 
our procurement system that cost our taxpayers billions of dollars 
when, in fact, we do not have them.
  I think when we go out and procure goods for our soldiers, we ought 
to get the best goods, we ought to get them at the lowest price. The 
American taxpayer demands it and our soldiers demand it.
  Under this amendment, more businesses would be required to certify 
compliance with the Buy American Act, potentially exposing them to 
civil false claims and other sanctions even if they have made a good-
faith effort to comply with these government-unique requirements. This 
creates significant financial and legal burdens for industry, given 
that more and more IT, information technology, so critical for our 
defense efforts, is being sourced, in a global economy, from around the 
world.
  Some companies have responded by setting up costly, labor-intensive 
product tracking systems that are not needed in their commercial 
business simply to sell to the government. That ends up costing the 
taxpayer more. Some companies have simply stopped selling certain 
products in the Federal marketplace, denying us access to some of the 
latest, most cost-effective, safest products for our soldiers.
  This radical expansion of the application of the Buy American Act 
will impose financial and legal burdens on commercial companies that 
sell to the government. In fact, it could well prevent our brave 
servicemembers from obtaining the best technology to protect them and 
to protect our Nation.
  This increased restriction on DOD's ability to obtain needed 
technology from the world market is basically a Cold War anachronism. 
Given DOD's growing reliance on information technology and other 
products and the current global nature, these are crippling in their 
restrictive provisions.
  Mr. HUNTER. Mr. Chairman, I yield 5 minutes to the gentleman from 
Colorado (Mr. Beauprez), who has exhibited enormous concern and support 
for our men and women in uniform.
  Mr. BEAUPREZ. Mr. Chairman, I appreciate the chairman's comments.
  I rise for the purpose of engaging the gentleman from Maryland (Mr. 
Bartlett), the chairman of the Projection Forces Subcommittee of the 
Committee on Armed Services, in a colloquy.
  Mr. BARTLETT of Maryland. Mr. Chairman, will the gentleman yield?
  Mr. BEAUPREZ. I yield to the gentleman from Maryland.
  Mr. BARTLETT of Maryland. Mr. Chairman, I would be happy to join my 
colleague in a colloquy.
  Mr. BEAUPREZ. Mr. Chairman, reclaiming my time, as the chairman is 
aware, our larger ships such as carriers, amphibious, and logistic 
ships with many sailors and Marines embarked, could be vulnerable to 
torpedo attack. The threat increases when we move our ships from open 
ocean to restricted littoral waters where torpedo launch platforms such 
as diesel submarines and surface patrol craft can get closer to our 
ships and our reaction time is lessened.
  Currently, there is a proliferation of torpedoes of various types 
available on the world market that could cause significant damage to 
our surface ships. These weapons could be launched from the shoreline 
or small boats, threats that we were not too worried about until the 
USS Cole incident.
  The gentleman and the Committee on Armed Services have provided the 
leadership needed for defense of our Navy ships and its sailors from 
torpedo attack through their support of the Surface Ship Torpedo 
Defense program. I agree with the gentleman that this is a very 
important program and believe that the Anti-Torpedo Torpedo is a key 
element of the program.
  My concern, Mr. Chairman, is that we have not made the type of 
progress on this issue that we likely should have. I would appreciate 
the chairman's thoughts on this.
  Mr. BARTLETT of Maryland. Mr. Chairman, will the gentleman yield?
  Mr. BEAUPREZ. I yield to the gentleman from Maryland.
  Mr. BARTLETT of Maryland. Mr. Chairman, I agree with the gentleman 
from Colorado (Mr. Beauprez) that the Surface Ship Torpedo Defense 
program is extremely important for the protection of our high-value 
ships and sailors at sea. I will encourage the Navy to move 
expeditiously to field this system with the Anti-Torpedo Torpedo.
  Mr. BEAUPREZ. Mr. Chairman, reclaiming my time, I thank the gentleman 
from Maryland for his commitment to this issue and look forward to 
working with him and the House Committee on Armed Services on this 
critical problem.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
Ohio (Ms. Kaptur).
  Ms. KAPTUR. Mr. Chairman, I thank the gentleman from Missouri (Mr. 
Skelton), ranking member, for yielding me this time.
  I also want to thank the gentleman from California (Chairman Hunter) 
for including the amendment concerning America's energy independence in 
the en bloc amendments. I thank him for helping us move toward energy 
independence.
  We all know that our Nation is petroleum addicted, that those 
supplies are being drawn down from the most undemocratic places in the 
world. America has to change and the world has to change in this 
century.
  This amendment requires the Department of Defense and related 
agencies to conduct a study and report back to Congress on the use of 
new fuels, biodiesel and ethanol, that can be manufactured right here 
in the good old U.S.A. and used by the Armed Forces and the defense 
agencies, as compared to how the Department currently uses petroleum.
  The study requires a review of requirements for increased use of 
biodiesel and ethanol by the U.S. Department of Defense. It requires a 
forecast of the requirements of the Armed Forces and the Department for 
the use of biodiesel and ethanol fuels for each of the years 2007 
through 2012.
  It requires a review of what actions the Department of Defense has 
taken to work in collaboration with State and local governments to 
support the expansion of alternative fuel refueling stations that are 
accessible to the public. Members might think about the one that is 
located right across the street, the Citgo station, from the Pentagon 
itself.
  We know that the Department of Defense has the largest vehicle fleet 
in the United States Government. It should be a leader in the use of 
new fuels and power systems. It should be a

[[Page 11307]]

leader also in alternative fuels research to help America transition to 
a new day. So we are really looking to this report to help us meet that 
growing need for energy independence.
  I end with a story as a member of the Defense Subcommittee of the 
Committee on Appropriations. It was shocking to me to hear the 
Secretary of Defense, Mr. Rumsfeld, when he came before us and I asked 
him, ``Mr. Secretary, what is your role and your department's role, in 
helping America to move toward energy independence?'' Again, over two-
thirds of the petroleum we use is imported and it puts America in a 
very vulnerable position strategically on the globe.
  And his answer was, ``I do not have anything to do with it. That is 
the job of another department.''
  No, Mr. Secretary. It is every department's job, and it is every 
household's job in this country to convert. You and your department--
the largest in the government of the U.S.--are not exempt. In fact, you 
must be the leader.
  I thank the gentleman from Missouri (Mr. Skelton) and the gentleman 
from California (Mr. Hunter) for including this amendment in the en 
bloc. amendments and the membership to ask support the measure.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
California (Mr. Filner).
  Mr. FILNER. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  I thank the gentleman from San Diego, California (Mr. Hunter), for 
including my amendment in the en bloc amendment.
  My amendment would call for a study by the Secretary of Defense in 
conjunction with the Secretary of the Department of Veterans Affairs on 
the feasibility of allowing veterans with a service-connected 
disability rating 50 percent or higher access to transportation on 
military aircraft on a space available, or Space-A, basis. Such a study 
is supported by the national organization, Disabled American Veterans.
  Space-A, of course, is used for government-owned or contracted 
aircraft where there is space available that is unused for the primary 
purpose of the flight. Currently, disabled veterans are not eligible 
for this Space-A travel solely on the basis of their disability. But 
other groups are, whether they are members of the uniformed services 
and their families, foreign exchange servicemembers on permanent duty 
with the Department of Defense, civilian employees of the Department of 
Defense stationed overseas, American Red Cross personnel stationed 
overseas. All these are eligible for Space-A travel.
  We should allow disabled veterans the same access to Space-A travel. 
From all indications, the Department of Defense would incur no cost by 
allowing disabled veterans access to this Space-A travel. We need to 
allow the seats which would otherwise go unused to be occupied by men 
and women who have been disabled in their service to our great Nation.
  Again, I thank the gentleman from California (Mr. Hunter) and the 
gentleman from Missouri (Mr. Skelton) for including the amendment in 
the bill.
  Mr. MANZULLO. Mr. Chairman, I thank Mr. Hunter, Chairman of the House 
Armed Services Committee, for including my amendment in the en bloc 
package.
  It is the intent of Congress and in the interest of national security 
that we maintain a strong and healthy industrial base if we are to 
remain the strongest nation on Earth. Even the founder of modern-day 
capitalism and free trade, Adam Smith, recognized the need for a nation 
to be able to depend upon its own industrial and agricultural base and 
not rely on foreign sources for its defense needs. We cannot maintain 
our role as global leader on a pure services-based economy.
  This amendment strengthens the Buy American Act, BAA, by restoring 
the original intent that more than 50 percent of the components in end 
products purchased by the Department of Defense shall be mined, 
produced, or manufactured inside the United States.
  The Buy American Act originally passed Congress during the Great 
Depression. The intent of Congress was that to qualify under the Buy 
American Act, a company had to have substantially all of a product 
made, grown, or mined in the United States. However, regulations 
implementing the Buy American Act have subsequently redefined 
``substantially all'' to mean simply greater than 50 percent.
  Yet even that regulation has been weakened even further over the 
years. The Pentagon has used the ``public interest'' exception to waive 
the Buy American Act to treat the purchase of some foreign goods as if 
they were made in America. The original intent of the Buy American Act 
has been undermined by procurement memoranda of understanding, MOU, and 
other agreements with various foreign countries that permit the 
substitution of foreign components for components mined, produced, or 
manufactured inside the United States. These are not treaties or trade 
agreements approved by Congress--these were Executive Branch agreements 
not subject to review by Congress.
  Thus, the Buy American laws are basically worthless. There are so 
many holes in the law that it means nothing when a company says they 
comply with the Buy American Act. The exception--and it's a big one--is 
that the domestic content requirement doesn't have to be met if the 
items are procured from certain designated countries.
  The Pentagon has MOUs with 21 developed countries that waive the Buy 
American Act because the Defense Department has determined that, for 
these countries, complying with the BAA is ``inconsistent with the 
public interest.'' Basically, a company getting an award from the 
Pentagon can claim compliance with the Buy American Act without having 
to actually make anything here, as long as the components come from one 
of the 21 countries.
  Too often, agencies claim they need the best for the least, implying 
that Americans can't make the best or compete on price and quality. But 
``best value'' is the standard, which means price shouldn't be the 
reigning factor. The best value for Americans is to have a strong 
industrial base and we can't do that if DOD forces U.S. companies to 
compete on price with foreign companies that are owned, subsidized, or 
controlled by their governments.
  It is important to remember that this amendment does not increase the 
share of the Buy American content, but simply codifies the content 
percentage of what is in existing regulation.
  Ms. WOOLSEY. Mr. Chairman, I rise in support of the DeLauro amendment 
because every time we send our young men and women into a combat 
situation, we are asking them to make a sacrifice for the rest of us. 
When they return we must honor them by giving them the services they 
need. The lives and health of our soldiers are the real cost of war.
  The new England Journal of Medicine recently reported that a many as 
one out of four veterans of the wars in Afghanistan and Iraq treated at 
VA Hospitals in the past 16 months were diagnosed with mental 
disorders. Alarmingly, veterans of these wars are already showing up in 
our homeless populations.
  We must take steps to protect those who protect us. I urge my 
colleagues to join me in supporting the DeLauro amendment to expand 
mental health services to our soldiers.

                              {time}  1430

  Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
  Mr. HUNTER. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Culberson). All time having expired on this 
debate, the question is on the amendments, en bloc, as modified, 
offered by the gentleman from California (Mr. Hunter).
  The amendments, en bloc, as modified, were agreed to.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 24 
printed in House Report 109-96.


       Amendment No. 24 Offered by Mrs. Jo Ann Davis of Virginia

  Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 24 offered by Mrs. Jo Ann Davis of Virginia:
       At the end of title X (page 402, after line 22), add the 
     following new section:

     SEC. 1048. DEPARTMENT OF DEFENSE SUPPORT FOR YOUTH 
                   ORGANIZATIONS, INCLUDING THE BOY SCOUTS OF 
                   AMERICA.

       (a) Support for Youth Organizations.--No Federal law 
     (including any rule, regulation, directive, instruction, or 
     order) shall be construed to limit the Department of Defense 
     from providing any form of support described in subsection 
     (b) to a youth organization (including the Boy Scouts of 
     America and any group officially affiliated with the Boy 
     Scouts of America) described in part B

[[Page 11308]]

     of subtitle II of title 36, United States Code, that is 
     intended to serve individuals under the age of 21 years that 
     would result in the Department of Defense providing less 
     support to that youth organization than was provided by the 
     Department of Defense during each of the preceding four 
     fiscal years.
       (b) Types of Support.--Support referred to in subsection 
     (a) includes--
       (1) holding meetings, camping events, or other activities 
     on defense property; and
       (2) hosting any official event of the youth organization.

  The Acting CHAIRMAN. Pursuant to House Resolution 293, the 
gentlewoman from Virginia (Mrs. Jo Ann Davis) and a Member opposed each 
will control 15 minutes.
  Mr. DINGELL. Mr. Chairman, although not opposed, I ask unanimous 
consent to claim the 15 minutes in opposition.
  The Acting CHAIRMAN. Without objection, the gentleman from Michigan 
(Mr. Dingell) will control the 15 minutes in opposition.
  There was no objection.
  The Acting CHAIRMAN. The Chair recognizes the gentlewoman from 
Virginia (Mrs. Jo Ann Davis).
  Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I yield myself such time 
as I may consume.
  Mr. Chairman, I offer this amendment in support of the Boy Scouts of 
America in order to reaffirm their long-standing partnership with the 
Department of Defense. This summer an estimated 40,000 Boy Scouts and 
their leaders will take to the 76,000 acres of land at Fort A.P. Hill 
to do something traditionally American: they will go camping. The Boy 
Scout Jamboree at A.P. Hill is a quadrennial gathering of Scouts and a 
celebration of what is good in America.
  Mr. Chairman, I think we can all agree that institutions like the Boy 
Scouts and their Boy Scout Jamboree are welcome sights in our current 
times. I remind my colleagues that the Supreme Court asked that ``God 
save the United States and this honorable Court,'' and that our 
national currency reads ``In God We Trust,'' and that the military and 
congressional oaths of office end with ``so help me God.''
  There are some who believe that this simple acknowledgment of God by 
young men is reason to sever a nearly 100-year-old relationship between 
the Boy Scouts and the Federal Government. This amendment will ensure 
that the Boy Scouts are treated fairly by guaranteeing their right to 
equal access to public facilities, forums and programs, and will 
clarify Federal law so that the Boy Scouts of America will receive the 
same amount of support from the Department of Defense as any other 
nonprofit organization in this country, including the right to continue 
the Boy Scout Jamboree at Fort A.P. Hill in Caroline County, Virginia, 
in my district.
  The Department of Defense has every right to support the activities 
of the Boy Scouts of America, and this amendment will protect this 
important relationship. This relationship between the Scouts and DOD 
should not be manipulated or infringed upon. The national jamboree is 
an incomparable opportunity for training our military, and it would be 
a detriment to our armed services and to the Boy Scouts to jeopardize 
it by frivolous lawsuits. Since 1937 when the Boy Scouts have held the 
national jamboree, six jamborees have taken place at Fort A.P. Hill 
since 1981.
  Mr. Chairman, this relationship between DOD and the Boy Scouts of 
America is a mutually beneficial partnership, as many former Scouts 
choose to join the ranks of our Nation's Armed Forces.
  It is worth noting that every enlistee and officer swear a similar 
oath before God as a prerequisite for service to our country.
  In a time of uncertainty and angst, our Nation's young people face 
more challenges than ever before. As a parent and a concerned citizen, 
I have seen the temptations and the dangers that meet our children 
every day of their lives. I have seen the decisions that they must 
make, and I have seen the repercussions from poor decisions.
  Yet here is a refuge, an institution that teaches civility, 
friendship, loyalty, honor, and character. It is an institution that 
encompasses all that is good in our society: faith, family, and 
country. The Boy Scouts of America has made a lasting contribution to 
America, and the partnership between the Pentagon and the Boy Scouts 
has played an important role in this contribution.
  Mr. Chairman, I urge my colleagues to support this amendment.
  Mr. HUNTER. Mr. Chairman, will the gentlewoman yield?
  Mrs. JO ANN DAVIS of Virginia. I yield to the gentleman from 
California.
  Mr. HUNTER. Mr. Chairman, I just want to thank the gentlewoman for 
her amendment, she is a valued member of the committee, and let her 
know I support her amendment very strongly. I think it is an excellent 
partnership, and one that has taken place for many, many years. We hope 
at some point to have a Shining Sea Scout March from the shores of 
California all the way out to A.P. Hill, almost to the ocean.
  Mr. DINGELL. Mr. Chairman, I yield myself 2 minutes.
  Mr. Chairman, I rise in strong support of the amendment. I thank my 
colleague, the gentlewoman from Virginia (Mrs. Jo Ann Davis), for 
introducing a very important amendment to support the Boy Scouts of 
America and their jamborees. I also would like to thank my colleagues, 
the gentleman from Missouri (Mr. Blunt) and the gentleman from Colorado 
(Mr. Hefley), for their hard work on this issue.
  Mr. Chairman, in 1937, the first jamboree was held at the base of the 
Washington Monument on the National Mall. Interestingly enough, as a 
young boy, I attended, not as a Scout, but as an observer, that 
wonderful event. Since then, there have been 15 national scout 
jamborees, with the last six being held at Fort A.P. Hill.
  These jamborees have given better than 600,000 young Americans the 
opportunity to celebrate the skills and lessons they have learned in 
scouting. They have had the opportunity to learn to hike, camp, learn 
about citizenship, leadership, and service to their community. In 
short, the Scouts teach our young people important skills and values 
that will help them throughout their lives and make them more 
productive and more valuable citizens.
  I recently introduced H.R. 1301, which, if passed, would restore the 
ability of our Armed Forces to directly support Scout troops and to 
ensure that Scouts will continue to have the use of Fort A.P. Hill and 
the assistance of our Armed Forces for its jamborees as they have for 
so many years. I believe this amendment furthers that objective, and I 
support it strongly for that reason.
  I grew up, Mr. Chairman, as a Boy Scout. I became a scoutmaster and I 
watched proudly as both of my sons became Scouts and my two daughters 
became Girl Scouts. It is important for Scouts to continue to be able 
to hold their national jamborees at A.P. Hill and for us to remove 
impediments to proper contributions by this government to the 
citizenship of our young people.
  Mr. Chairman, I urge my colleagues to support the Davis amendment, 
and I urge the adoption of the amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I yield 2 minutes to the 
gentleman from South Carolina (Mr. Wilson).
  Mr. WILSON of South Carolina. Mr. Chairman, I thank the gentlewoman 
for yielding me time and for her leadership on this issue. I also 
appreciate the leadership of our chairman, the gentleman from 
California (Chairman Hunter), and the support from our friends on the 
other side. This is a very important issue, providing for the ability 
of the Department of Defense to support youth organizations, including 
the Boy Scouts of America.
  I am very pleased about scouting and what it means as a worldwide 
movement to so many young people and how it has been so inspiring in 
promoting character, education, and training. I also know that you can 
look at young people and tell and forecast success, because persons 
involved in scouting, nearly 70 percent of the persons who attend the 
different academies of the United States have been members of scouting: 
23 of the 26 first American astronauts were active in scouting; 85

[[Page 11309]]

percent of FBI agents have been active in scouting. This has a great 
impact on our Nation.
  Additionally, I know the hard work of the adult leaders. We have 
people in my home community with the Indian Waters Council, the past 
president, John Hipp, has raised phenomenal amounts of money to promote 
scouting camps so young people have opportunities during the summer. We 
have got good people, such as our commissioner, Larry Brown, who is now 
leading our council, so that we have opportunities for young people.
  I know firsthand, too, and am very pleased about the national 
jamboree. I have had two sons attend at Camp A.P. Hill. Additionally, I 
am very familiar that the Naval Academy provides the Eagle Scout 
Association Weekend with opportunities for the Scouts to learn about 
opportunities at the Naval Academy at Annapolis.
  I have worked very closely with Scouts units in visiting here in 
Washington to tour Washington. We have the ability of Scouts to stay 
overnight with space available for Scouts to come and visit and tour 
Washington, to go to Philmont, the Boy Scout camp in New Mexico.
  A final point I would like to make is personally I have worked with 
Troop 1, Faith Lutheran Church in West Columbia, and I have three sons 
who are Eagle Scouts. All three are now military officers in the 
military of the United States. The fourth will be an Eagle Scout later 
this year.
  A highlight for us is that our second son, a Navy lieutenant, arrives 
for service in San Diego today, so we are very proud that he will be in 
the company of our chairman, the gentleman from California (Chairman 
Hunter).
  In conclusion, God bless our troops. We will never forget September 
11.
  Mr. DINGELL. Mr. Chairman, with great pleasure, I yield 2 minutes to 
my dear friend, the gentleman from Missouri (Mr. Skelton).
  Mr. SKELTON. Mr. Chairman, I thank the gentleman from Michigan for 
yielding me time.
  Mr. Chairman, there are magic moments in a person's life. One of 
those magic moments happened to me in April 1948 in Kansas City, 
Missouri, at the Music Hall Auditorium, where I manned the stage with a 
good number of other Boy Scouts, my mother walking up the steps with 
me, a rose being handed to me which I handed to her, and I shook hands 
with the sponsor of the Eagle Scout class, Dr. Milton Eisenhower, the 
then-president of Kansas State University. It was a moment to remember. 
That was my Eagle Scout Code of Honor. Of course, I am pleased to say 
that we have a son also that is an Eagle Scout.
  Scouting builds good citizenship. I have been around it all my life. 
Looking back, I have so much to thank my scoutmaster, John L. 
Marchetti, old Troop 418, for the young men he worked with and molded 
into good Missouri citizens.
  It is important that young Scouts have the finest places to camp, the 
finest places to learn the skills, the camping, the frontiering, learn 
the active parts of the Scout law: to be trustworthy, loyal, helpful, 
friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean 
and reverent. They can learn these on reservations that are and do 
belong to our military. As a matter of fact, a good number of Scouts 
that come through the Scouts ranks volunteer and become part of the 
military, many of them for a career.
  So it certainly is fitting that the gentlewoman from Virginia offers 
this amendment. I thoroughly endorse it. I certainly hope it passes 
overwhelmingly. I thank the gentleman from Michigan (Mr. Dingell) again 
for giving me this opportunity to speak in support thereof.
  Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I yield 2 minutes to the 
gentleman from Missouri (Mr. Blunt), our majority whip.
  Mr. BLUNT. Mr. Chairman, I thank the gentlewoman for yielding me 
time, and I am pleased to be here on the floor as she brings this 
amendment to this bill. I am also pleased to be part of the debate that 
is joined by my good friend, the gentleman from Michigan (Mr. Dingell), 
and my good friend, the gentleman from Missouri (Mr. Skelton), and to 
listen a moment ago when the gentleman from South Carolina (Mr. Wilson) 
gave such a great sense of what scouting has meant to America and to so 
many American lives.
  At one time I know the military academy applications had the question 
on there, ``Were you an Eagle Scout?'' It mattered if you were, just as 
it matters now if people realize you received that kind of recognition, 
had that kind of dedication to scouting, the value of scouting to our 
country, the value of scouting to individuals, the memories like the 
one that the gentleman from Missouri (Mr. Skelton) just mentioned, 
which are important.
  But the values of scouting are also important, and as we evaluate 
those values, you have to ask yourselves based on the reason to have 
this debate today, what is next? What other core value of America would 
begin to stand in the way of institutions that have been so much part 
of what we are? Extremist groups want to remove God from the national 
symbols, attack the Pledge of Allegiance, and now even the Boy Scouts.
  There is no more American symbol of our Scouts than the understanding 
that the Scouts represent the values of America. Some groups well 
outside the mainstream of our society have wanted to penalize the 
Scouts for representing those mainstream values by isolating them, by 
not allowing them to use some public facilities, some public forums, to 
really see a fundamental change in these programs that should not be 
changed because they are based on fundamentals.

                              {time}  1445

  So as we bring this amendment today, obviously our goal is to support 
the Scouts, support their commitment to God and country, support the Jo 
Ann Davis of Virginia amendment, and ensure that our Scouts have access 
to Department of Defense facilities, and the support and encouragement 
of this Congress.
  Mr. DINGELL. Mr. Chairman, I have no requests for time at this time, 
so I reserve the balance of my time. If the gentlewoman wants to 
terminate the debate, I will be supportive of that.
  Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I have several other 
speakers. I yield 3 minutes to the gentleman from Missouri (Mr. Akin), 
who is chairman of the Boy Scout Caucus.
  Mr. AKIN. Mr. Chairman, I am the cochair, with the gentleman from 
Missouri (Mr. Skelton), and I rise in support of this good amendment of 
the gentlewoman from Virginia.
  I am a father of four Eagle Scouts, and I have to say I am a little 
proud of that. I have had a chance to work with Eagle Scouts and Boy 
Scouts now for a good many years, more than I would care to publicly 
admit. I have to say that this is an institution just as American and 
just as fine as any American tradition. I have seen so many young Boy 
Scouts come in, and they hardly know their right hand from their left 
hand, and after a couple years of scouting, they emerge as young 
leaders. It is always an encouragement to work with them.
  Now, what the Jo Ann Davis of Virginia amendment would do would be to 
reaffirm the Boy Scouts' long-standing partnership with the Department 
of Defense. I was really opposed to and offended by the fact that the 
Department of Defense gave instruction to its bases worldwide that 
precluded official sponsorship of Boy Scout troops. While this policy 
allows military personnel to sponsor scouting events and troops in a 
private capacity, this unsound policy was reached as a partial 
settlement to a lawsuit filed against the Department of Defense in 1999 
by the ACLU, because the ACLU did not like the scouting oath of 
allegiance to God.
  Now, this is particularly ironic, is it not, that they do not like 
the Boy Scouts having a pledge saying that this is under God, and, yet, 
the armed services take the same oath when they join the armed 
services. There seems to be some sort of an irony here, I suppose.
  The amendment would further clarify that relationship between the 
Department of Defense and the Boy Scouts of America, and it would 
specifically authorize meetings, jamborees, camporees or other scouting 
activities on

[[Page 11310]]

Federal property as long as the scouting troops obtain the appropriate 
permission.
  So I think this is an excellent amendment, and I thank my colleagues 
so much for their consideration of this amendment.
  Hats off to the gentlewoman from Virginia (Mrs. Davis), and I 
strongly urge the support of my colleagues.
  Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I yield 2 minutes to the 
gentleman from Louisiana (Mr. Boustany).
  Mr. BOUSTANY. Mr. Chairman, I thank the gentlewoman for yielding me 
this time.
  I rise in support of the Jo Ann Davis of Virginia amendment which 
would allow the Department of Defense to continue its prior support of 
youth organizations, including the Boy Scouts of America and its 
affiliates.
  The Boy Scouts of America is a valuable organization which has served 
thousands of children and young adults since 1910, teaching them the 
value of family, community, service and leadership. The Department of 
Defense has sponsored affiliates of the Boy Scouts of America for 
years, providing valuable support by holding meetings, camping events 
and other activities on Defense property, as well as hosting official 
events. That partnership will come to a halt if Congress does not act.
  In order to settle a lawsuit, the Department of Defense agreed to 
instruct its bases worldwide not to sponsor Boy Scout troops because of 
the Scouts' oath of allegiance to God. How can we as a Nation punish an 
organization for a pledge similar to that which every single enlistee 
and officer swears before God as a prerequisite for service to our 
country?
  By passing this amendment, we will ensure that youth organizations, 
including the Boy Scouts of America, are not discriminated against 
because of their values and beliefs; and for that reason, I urge 
adoption of this amendment.
  Mr. DINGELL. Mr. Chairman, I have no further requests for time on 
this side. If the gentlewoman would like, then, we could yield back 
time and conclude the debate and have a vote.
  Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I have no further 
speakers either, and I urge adoption of the amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. DINGELL. Mr. Chairman, I urge the adoption of the amendment.
  Mr. DUNCAN. Mr. Chairman, I rise in support of the gentlelady from 
Virginia's amendment to allow the Department of Defense to allow Boy 
Scout troops on military bases. The Boy Scouts of America is probably 
one of the finest organizations in the Nation today.
  The Scouts teach young boys to support God and family and Country, 
and this Nation would be a stronger place today if we had more 
organizations like the Boy Scouts. The Scouts also teach young boys all 
sorts of skills and how to work to achieve ranks and merit badges that 
they certainly would not learn from any other group.
  Most young people today have grown up with the television as a 
babysitter and have been taught to worship the computer. I have nothing 
against either television or computers, but anything that we can do to 
get young people outdoors or actually into constructive activities 
rather than just staring at a screen is a really good thing in my 
opinion. The Boy Scouts do this.
  I was a Scout leader for two years prior to coming to Congress and 
several years ago was given the highest designation given to any adult 
in Scouts, the Silver Beaver Award. Only about 16 percent of all boys 
ever start in Scouts in the first place, and these are probably 
primarily our finest boys. Anything we can do to get more boys involved 
in Scouting is a good thing for this Country, and I think Scouting will 
lead many young boys to consider careers in the military. So, I 
strongly support the amendment by Mrs. Davis and urge my colleagues to 
do likewise.
  Mr. DINGELL. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Culberson). All time having expired, the 
question is on the amendment offered by the gentlewoman from Virginia 
(Mrs. Jo Ann Davis).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I demand a recorded 
vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from Virginia 
(Mrs. Jo Ann Davis) will be postponed.
  The Acting CHAIRMAN. It is now in order to consider Amendment No. 12 
printed in House report 109-96.


          Amendment No. 12 Offered by Mrs. Davis of California

  Mrs. DAVIS of California. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 12 offered by Mrs. Davis of California:
       Add at the end of title VII the following new section:

     SEC. 7__. LIMITING RESTRICTION OF USE OF DEPARTMENT OF 
                   DEFENSE MEDICAL FACILITIES TO PERFORM ABORTIONS 
                   TO FACILITIES IN THE UNITED STATES.

        Section 1093(b) of title 10, United States Code, is 
     amended by inserting ``in the United States'' after 
     ``Defense''.

  The Acting CHAIRMAN. Pursuant to House Resolution 293, the 
gentlewoman from California (Mrs. Davis) and a Member opposed each will 
control 15 minutes.
  The Chair recognizes the gentlewoman from California (Mrs. Davis).
  Mrs. DAVIS of California. Mr. Chairman, I yield myself such time as I 
may consume.
  Mr. Chairman, today we are considering how the Defense bill can best 
provide for the men and women serving overseas. The Davis-Harman-
Sanchez amendment lifts the current restriction on reproductive care in 
overseas military hospitals and permits servicewomen to walk into a 
U.S. military hospital, a familiar and trusted place, to use their own 
private funds for safe and legal pregnancy termination services.
  Under current law, women have to return home for medical services 
after obtaining permission from their commanding officer and finding 
space on military transport. The other option for them is venturing out 
to a hospital in a foreign country if, in fact, they are able to do 
that.
  Servicewomen do not receive the protection of the Constitution they 
defend. Mr. Chairman, let me repeat that again. Servicewomen do not 
receive the protection of the Constitution they defend.
  We trust women in the military to secure our safety. We ask women to 
put their lives at risk for our freedoms. So why is it that we do not 
support them when they require safe and legal medical services?
  I want to clarify a few points about this amendment. No Federal funds 
would be used for these procedures. Military women would use their own 
funds. This amendment only affects overseas military hospitals and 
would not violate host country laws. It will, however, open up 
reproductive services at bases in countries where abortion is legal. 
And it does not compel any doctor, any doctor who opposes these 
procedures on principle, to perform one.
  I ask that all the Members support our servicewomen, support our 
servicewomen by supporting the Davis-Sanchez-Harman amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. RYUN of Kansas. Mr. Chairman, I rise in opposition, and I yield 
myself such time as I may consume.
  Mr. Chairman, I strongly oppose the Davis amendment. Allowing self-
funded abortions would simply turn our military hospitals overseas into 
abortion clinics.
  This amendment is not about equal access to health care; it is simply 
offered to make a political point. Female military personnel who are 
stationed overseas already have access to abortion clinics where they 
are legal. In some cases, women prefer to have abortions in the United 
States, and that option is available under the current law that is now 
in operation.
  Furthermore, overseas military hospitals already offer self-funded 
abortions when the life of the mother is in danger or the pregnancy is 
the result of rape or incest.
  Abortion services are already available, and there is no demonstrated

[[Page 11311]]

need for expanding abortion access. Furthermore, this amendment does 
not seek to address operational requirements or ensure access to an 
entitlement.
  Although this amendment is presented as providing for solely self-
funded abortion, the fact is that American taxpayers will be forced to 
pay for the use of military facilities, the procurement of additional 
equipment needed to perform abortions, and the use of needed military 
personnel to perform these abortions.
  Military doctors signed up to save the lives of our dedicated 
servicemen and women, not to end the lives of babies. Many military 
doctors, even those who are pro-choice, would not want to perform 
abortions.
  I think it is important to note that this amendment was offered in 
the Committee on Armed Services where only 19 of the committee's 64 
members supported it.
  I ask my colleagues to vote against turning our military hospitals 
into abortion clinics and to vote against the Davis amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mrs. DAVIS of California. Mr. Chairman, I yield 2 minutes to the 
gentlewoman from California (Ms. Harman).
  Ms. HARMAN. Mr. Chairman, I thank my colleague for yielding me this 
time and other colleagues from California for letting me speak early in 
this debate.
  Mr. Chairman, I was a member of the Committee on Armed Services for 6 
years and, during that time, every single year, played a role in 
sponsoring this worthy amendment. I urge its adoption again this year.
  Mr. Chairman, I just returned from the Middle East and the World 
Economic Forum where the First Lady spoke. Her speech, which emphasized 
the importance of women's equality in the region, was extremely well 
received.
  Mrs. Bush serves as a wonderful ambassador to the world, but she is 
just one woman. There are over 200,000 women serving in the U.S. 
military and 19,000 women currently in Iraq and Afghanistan. These 
women are flying helicopters and fighter aircraft. They are saving 
lives as nurses and doctors. They are driving support vehicles, 
patrolling bomb-ridden highways, and standing duty at checkpoints, 
shouldering weapons. They serve as an example and an inspiration to the 
women they come into contact with, and they break down stereotypes held 
by many men.
  With this in mind, I urge my colleagues to support this amendment 
which would lift the current ban on privately funded abortions in 
military overseas hospitals.
  The amendment does not force military doctors to perform abortions, 
and it does not place an undue focus on the procedure in such 
facilities, because abortions in the case of incest, rape, or life 
endangerment are already performed there. What this amendment does is 
to give servicewomen and female military dependents stationed abroad 
the same constitutional rights as women living here.
  Separate from this amendment, but also enormously important, is the 
issue of career opportunities for women in the military. I applaud the 
Committee on Armed Services for coming back from the precipice and 
removing language barring women from serving in forward support 
companies. I am confident that following the Pentagon's review of its 
personnel policies, assessing what positions should be open to 
servicewomen, we will be here on the floor to heap praise on our GI 
Janes, rather than barring them from opportunities to serve our 
country.
  Vote for the Davis-Harman-Sanchez amendment.
  Mr. RYUN of Kansas. Mr. Chairman, I yield 2 minutes to the 
gentlewoman from North Carolina (Ms. Foxx).

                              {time}  1500

  Ms. FOXX. Mr. Chairman, I rise today in strong opposition to the 
Davis amendment.
  Military treatment centers which are dedicated to healing, nurturing 
and saving life should not be forced to facilitate the taking of the 
most innocent human life, the child in the womb. This amendment is a 
barely germane, blatant distraction from the important bill we are 
considering today.
  The amendment would mandate that Federal dollars be used to fund 
abortions, and contradicts fundamental U.S. military values such as 
honor, courage, and taking responsibility for one's own actions.
  Mr. Chairman, as stewards of hard-working Americans' tax dollars, we 
cannot ask our constituents to fund the killing of human life on our 
military installations.
  Life does begin at conception, and it is sacred.
  As Members of Congress, we should do all we can to protect life.
  Instead, while we stand here today to fund our troops and protect our 
great Nation, opportunist Members of the Democratic Party are once 
again belittling and devaluing the sanctity of human life.
  If this inappropriate amendment were adopted, not only would 
taxpayer-funded facilities be used to provide abortion on demand, but 
resources could be used to search for, hire, and transport new 
personnel simply so that abortions could be performed.
  That is right. Instead of hiring new personnel to operate tanks, fly 
planes, fight insurgents, train coalition forces, treat troops and 
defend America, this amendment asks taxpayers to pay new personnel to 
perform abortions and kill human fetuses.
  Mr. Chairman, that is despicable.
  This amendment must be defeated so we can return to the meaningful 
consideration of the national defense authorization bill.
  I urge my colleagues to join me in protecting human life by voting 
against the Davis amendment.
  Mrs. DAVIS of California. Mr. Chairman, I yield 2 minutes to the 
gentlewoman from California (Ms. Loretta Sanchez).
  Ms. LORETTA SANCHEZ of California. Mr. Chairman, I would like to 
thank the gentlewoman from California for introducing this very 
important and necessary amendment.
  Members of the Armed Forces are entitled to quality of life equal to 
that of the Nation that they are pledged to defend. Female military 
servicemembers and military dependents are stationed overseas, and they 
deserve the same rights as their counterparts who are stationed here in 
the United States.
  Whether you are pro-choice or pro-life, agree or disagree with the 
merits of reproductive freedom, the fact remains: women of the United 
States have a constitutional right to these services.
  Military women should not be forced to go to off-post medical 
facilities where language barriers and questionable conditions can be 
insurmountable obstacles. Nor should they be forced to arrange for 
leave and military transport to return stateside, requiring the 
intensely personal reason for their leave to be, at best, an open 
secret, if not outright common knowledge.
  If your daughter or your wife or your sister or friend had to make 
this tough reproductive choice and was stationed overseas, do you 
believe that, as an adult woman, they should be required to disclose 
this information to their commanding officer? Would you want to put her 
on a plane, alone? Our servicewomen and their dependents deserve 
better.
  This amendment allows military personnel and their dependents serving 
overseas to use their private funds to obtain safe, legal abortion 
services in overseas military hospitals. No Federal funds will be used.
  This amendment will not violate host country laws, nor does it compel 
any doctor who opposes abortion on principle to perform one. It will, 
however, open up reproductive services at bases and countries where 
abortion is legal.
  Current law treats the women who so bravely defend our country like 
second-class citizens in terms of their legal right to have an 
abortion. And this injustice needs to end.
  Mr. Chairman, I urge my colleagues to vote for the rights of our 
servicewomen and dependents abroad. And again I thank the gentlewoman 
from California (Mrs. Davis) for introducing this amendment.

[[Page 11312]]


  Mr. RYUN of Kansas. Mr. Chairman, I yield 1 minute to the gentlewoman 
from Virginia (Mrs. JoAnn Davis).
  Mrs. JO ANN DAVIS of Virginia. Mr. Chairman, I rise today in 
opposition to the amendment offered by my colleague, the gentlewoman 
from California. For the last 9 years, without fail, this body has 
voted against funding abortions in DOD medical treatment facilities, 
and I trust that today we will make that number 10.
  Military physicians and personnel are tasked to provide life-saving 
and nurturing care to our men and women of the armed services. In this 
amendment, we are asking them to facilitate the exact opposite of their 
mission by performing abortions.
  Particularly at a time when their resources are devoted to addressing 
the needs of servicemembers suffering from wounds and trauma sustained 
in Operations Iraqi Freedom and Enduring Freedom, we must continue to 
support the doctors and nurses of the military in their effort to save 
and sustain life.
  Mr. Chairman, American taxpayer dollars should not be used to pay for 
abortions, directly or indirectly, wherever they occur. Supporters of 
this amendment claim that taxpayer dollars would not actually pay for 
abortions, as you just heard. However, as previously pointed out, this 
simply is not true.
  Taxpayers would be paying for these abortions by subsidizing the cost 
of the physician services, the hospitals, and the abortion equipment. 
Our current law protects against this, and I urge my colleagues to keep 
this commonsense policy intact.
  Mrs. DAVIS of California. Mr. Chairman, I yield one minute to the 
gentlewoman from California (Ms. Woolsey).
  Ms. WOOLSEY. Mr. Chairman, I rise today in strong support of the 
Davis-Harman amendment. Today, and over the last few years, we 
continually have voiced our support for our troops many, many times 
over, passing resolutions of support, providing our troops with 
adequate training and equipment, just the beginning. And I know of no 
better way to demonstrate our genuine support than by finally giving 
women in our Armed Forces and the wives and the daughters of the men in 
our military, the ability to exercise their constitutional right to 
choose, to choose their reproductive options while being stationed 
abroad.
  We routinely ask servicewomen to put their lives on the line in 
defense of our country and our country's ideals. That is why we must 
not require them to put their lives on the line when seeking 
constitutionally protected reproductive services. Please join me in 
supporting our troops by supporting this much needed amendment. Lift 
the current ban on life-threatening procedures withheld from our women 
serving overseas.
  Mr. RYUN of Kansas. Mr. Chairman, may I inquire as to how much time I 
have left.
  The Acting CHAIRMAN (Mr. Putnam). The gentleman from Kansas has 10\1/
2\ minutes remaining.
  Mr. RYUN of Kansas. Mr. Chairman, I yield 1 minute to the gentleman 
from Louisiana (Mr. Boustany).
  Mr. BOUSTANY. Mr. Chairman, this is the second time this week that 
the House has considered the important issue of life of the unborn.
  I rise in strong opposition to the Davis amendment which attempts for 
the ninth time in 9 years to repeal a provision of law which prevents 
military doctors from performing abortions at overseas military 
hospitals.
  As a physician, I have dedicated my life to healing and nurturing 
human life. Military hospitals, which are paid entirely with taxpayer 
dollars, should not facilitate the taking of innocent human lives. 
Additionally, this does not take away a single existing right for women 
serving overseas, as they do have the option to travel to other 
locations for the procedure.
  Mr. Chairman, I urge my colleagues to preserve military hospitals as 
a place of healing and to vote against the Davis amendment.
  Mrs. DAVIS of California. Mr. Chairman, I yield 1 minute to the 
gentleman from New York (Mr. Crowley).
  Mr. CROWLEY. Mr. Chairman, I rise in strong support of the amendment 
being offered by the gentlewoman from California (Mrs. Davis), the 
gentlewoman from California (Ms. Harman), and the gentlewoman from 
California (Ms. Loretta Sanchez).
  No one here would dare question the contributions being made by 
American woman living on military bases overseas.
  Whether they are active servicemembers, spouses or dependents of 
military personnel, every last one of them is making a great sacrifice 
to support our country abroad.
  Every last one of them should have access to safe medical procedures 
that are legally available to every American woman here in the United 
States.
  Why would our government tell these women that they can receive 
abortion care in the U.S., that with their own private funds that it is 
too bad they are serving in our military and happen to be overseas, and 
therefore be denied access to care they could receive right here on 
terra firma?
  Why would our government tell women who are willing to die to protect 
their country that their country's laws on health care services do not 
extend to them when they leave U.S. soil?
  Regardless of one's personal feelings on abortion, I would hope that 
everyone could agree that it is most certainly wrong to discriminate 
against women in the military.
  For our government to tell this essential and noble group of women, 
some of whom literally dodge bullets to protect our interests, that we 
will not allow them the same range of quality care available to women 
living within our borders, that is not only dangerous; I believe it is 
un-American, and I urge an ``aye'' vote.
  Mr. RYUN of Kansas. Mr. Chairman, I yield 2 minutes to the gentleman 
from Missouri (Mr. Akin).
  Mr. AKIN. Mr. Chairman, I once again come to this floor, to this body 
to a debate on the issue of abortion in overseas military hospitals. 
And I would urge my colleagues to honor the consciences of the 
caregivers and also the taxpayers who fund these facilities.
  As a member of the Armed Services Committee, as a former military 
officer, but also as a father with two sons in the military, I have 
seen the dedication of our troops. I have even heard very-close-to-home 
accounts of people that are willing to sacrifice their lives so that we 
could have life and liberty and the pursuit of happiness in this land. 
And is it so odd then to make the next step to understand that the 
young men and women who are entering our medical divisions of the armed 
services also hold the same set of values? And now, are we going to 
compel these people to be active and to take part in destroying life 
when they are risking their lives to protect life? It seems to make no 
sense whatsoever to compel them to do this thing.
  Well, in fact when the Clinton administration overturned the DOD 
policy against abortion in 1993 through 1996, military physicians 
refused to perform or assist in elective abortions, thus forcing the 
administration to spend additional taxpayer dollars on recruiting and 
hiring civilians who would do the abortions.
  Now, this government should never condone abortion by turning 
military hospitals into abortion clinics with the taxpayers picking up 
the tab. Now, I understand that supposedly this woman is going to pay 
for it. But certainly, even if she does, you are still going to have to 
hire these new doctors that are going to come in and all of the other 
services to support that all come out of taxpayer expense. This is 
unconscionable. Our policy is reasonable the way it is stated, and the 
language before us has been debated and rejected year after year since 
1996.
  I ask my colleagues to defeat this amendment.
  Mrs. DAVIS of California. Mr. Chairman, I yield 1\1/2\ minutes to the 
gentlewoman from New York (Mrs. Maloney).
  Mrs. MALONEY. Mr. Chairman, I rise in support of the Davis amendment 
which would allow our brave servicewomen to obtain safe, legal abortion 
services in overseas military hospitals at no cost to the taxpayers.

[[Page 11313]]

  Today a female soldier overseas lacks on-base access for her 
constitutional right to choose, even if she pays for it herself.
  At a time when the military is spread thin and not meeting its 
recruiting targets, we are sending an odd message to women soldiers and 
possible recruits. As a reward for protecting our freedom, we restrict 
yours. As a reward for risking your life, we give you a lecture on the 
right to life instead of giving you the care that you seek. As a reward 
for receiving modest wages, we tell you that you cannot buy some health 
care, even at any price.
  This Congress has made over 211 anti-choice votes since 1994. For the 
sake of our women serving in Afghanistan and Baghdad, let us not make 
it 212.
  Mr. RYUN of Kansas. Mr. Chairman, I yield 1 minute to the gentleman 
from Pennsylvania (Mr. Pitts).
  Mr. PITTS. Mr. Chairman, I rise to oppose the Davis amendment, which 
year after year has been offered and defeated. When President Clinton 
allowed abortions in military facilities in the early 1990s, all 
military physicians, as well as many nurses and supporting personnel, 
refused to perform or assist in elective abortions. In response, the 
administration sought to hire civilians to do abortions. The current 
administration would not do this. But future administrations could. 
Therefore, if the Davis amendment were adopted, not only could 
taxpayer-funded facilities be used to support abortion on demand, but 
resources could be used to search for, hire, and transport new 
personnel simply so that abortions could be performed.
  Military treatment centers, which are dedicated to healing and 
nurturing life, should not be forced to facilitate the taking of the 
most innocent human life, the child in the womb. The American working 
family should not be forced to fund the extremist health care agenda of 
this amendment. Vote ``no'' on the Davis amendment.
  Mrs. DAVIS of California. Mr. Chairman, can I inquire into the time 
we have available.
  The Acting CHAIRMAN (Mr. Putnam). The gentlewoman has 6 minutes 
remaining.
  Mrs. DAVIS of California. Mr. Chairman, I now yield 1\1/2\ minutes to 
the gentleman from New York (Mr. Nadler).
  Mr. NADLER. Mr. Chairman, I will rise to support this amendment which 
would reverse the shameful policy forbidding women in our Armed Forces 
from using even their own funds to pay for an abortion at a safe U.S. 
medical facility abroad. It is truly sad and disgraceful that our 
current policy requires women who are serving their country to 
sacrifice their constitutional right to an abortion if they so choose.
  I have heard the rhetoric from the opponents of this amendment. They 
say that abortion is terrible. Well, that is their opinion. They are 
entitled to it. But it is the law. It is a constitutional right of a 
woman, if she so chooses, to have an abortion. And as long as that is 
so, she should not be required to sacrifice her constitutional right 
because she serves her country in the military abroad, or to choose to 
give up her right or to go into a possibly unsafe foreign facility.
  I have heard people say, well, even if she spends her own money, she 
might have to spend money for a doctor because doctors do not want to 
do it.

                              {time}  1515

  It is not up to doctors or anybody else as to whether people should 
enjoy their constitutional rights. If it costs money to enable a woman 
who has chosen to serve her country in the armed services to have the 
ability to have her constitutional rights, then it costs money. 
Although I do not see why we should make sure that among the doctors in 
the military there are those who are willing to perform any service 
that the Constitution requires be afforded upon request.
  So even to require a woman to give up her constitutional right which 
she has, and whatever you may say about the duty is to heal and not to 
take a life, some of us do not regard that as taking a life. But it is 
her constitutional right. She should not be required to give it up, 
especially when she pays for it herself. We should not discriminate 
against women in the military.
  Mr. RYUN of Kansas. Mr. Chairman, how much time have I remaining?
  The Acting CHAIRMAN (Mr. Putnam). The gentleman from Kansas (Mr. 
Ryun) has 6\1/2\ minutes remaining.
  Mr. RYUN of Kansas. Mr. Chairman, I yield 3 minutes to the gentleman 
from New Jersey (Mr. Smith).
  Mr. SMITH of New Jersey. Mr. Chairman, I thank my friend for yielding 
me time, and I congratulate him for his courage in leading the battle 
on this amendment.
  Mr. Chairman, 90 percent of the hospitals in the United States today 
refuse to abort unborn children, and the trend is for hospitals to 
divest themselves of this violence against children.
  It is outrageous that as hospitals in our country repudiate abortion, 
the Davis amendment seeks to turn our overseas military hospitals into 
abortion mills. With all due respect to the gentlewoman from California 
(Mrs. Davis), the amendment she offers will result in babies being 
brutally killed by abortion. It will harm women, and it will force pro-
life Americans to facilitate and subsidize the slaughter of innocent 
children.
  We want no part of the carnage.
  Abortion is violence against children and it harms women. Some 
methods of abortion dismember and rip apart the fragile little bodies 
of children. Other methods chemically poison kids. Abortion has turned 
children's bodies into burned corpses, the direct result of the caustic 
effect of the chemicals.
  Now we learn, Mr. Chairman, from science and from medicine that due 
to the nerve cell development, unborn children from at least 20 weeks 
onward, and most likely even earlier, feel excruciating pain. They feel 
pain, two to four times more pain than you and I would feel from the 
same assault.
  One of those methods depicted to my left on this poster board, the D 
and E method, it is a common, later-term method of abortion, takes 
about 30 minutes to commit as the arms and the legs and the torso are 
painfully hacked into pieces. Interestingly, Mr. Chairman, the partial-
birth abortion legal trials in various courts around the country drew 
attention to the pain issue that children feel during an abortion.
  Dr. Sunny Anand, Director of the Pain Neurobiology Lab at Arkansas 
Children's Hospital said, ``The human fetus possesses the ability to 
experience pain from 20 weeks of gestation onward, if not earlier, and 
the pain that is perceived by a fetus is more intense than that 
perceived by newborns or by older children.'' He went on to explain 
that the pain inhibitory mechanisms, in other words, the fibers that 
dampen and modulate the pain or the experience of it, do not begin to 
develop until about 32 to 34 weeks.
  Finally, Mr. Speaker, Dr. Alveda King, niece of the late Dr. Martin 
Luther King, has said, ``How can the dream survive if we murder the 
children?''
  Dr. King, who has had an abortion herself, but is now pro-life and 
bravely speaks out, says, ``We can no longer sits idly by and allow 
this horrible spirit of murder to cut down and cut away our unborn. 
This is the day to choose life,''
  Dr. King goes on to say, ``We must allow our babies to live. If the 
dream of Dr. Martin Luther King is to live, our babies must live.''
  There is nothing benign or nurturing or curing about abortion. It is 
violence against children. It dismembers them. It chemically poisons 
them.
  Vote down the Davis amendment.
  Mrs. DAVIS of California. Mr. Chairman, I yield 1 minute to the 
gentlewoman from Ohio (Mrs. Jones).
  Mrs. JONES of Ohio. Mr. Chairman, I thank the gentlewoman for 
yielding me time, and I thank her and her colleagues for this 
amendment.
  The prior speaker was talking about Dr. King, and Dr. King believed 
in the rights of all people. This amendment provides rights to women 
serving overseas and their dependents.
  They are hollering over here, ``Murder.'' I do not believe in murder. 
They are hollering over here about all these other issues. But the 
reality is that the

[[Page 11314]]

United States Supreme Court has decided that women have the right to a 
legal, safe abortion. And all we are saying is that women serving in 
the military ought to have the same rights as the women in the United 
States of America since they give their lives.
  The amendment allows women to pay for it. The amendment allows women 
to exercise their right of choice.
  If we were debating whether or not the United States would fund 
Viagra, all these guys who talk about the pain that they know about 
having an abortion would not be standing up saying that. None of them 
will know about a woman's choice, and none of them will ever understand 
the dilemma the woman has to face when she makes a choice.
  Mr. Chairman, I rise in support of the Davis/Harman/Sanchez Amendment 
to the Defense Authorization Bill.
  This amendment repeals the statutory prohibition on abortions in 
overseas hospitals and simply allows military personnel and their 
family members serving overseas to use their own funds to obtain safe, 
legal abortion services in overseas U.S. military hospitals.
  Mr. Chairman, this administration has continued at attempts to chip 
away the rights of women. This congress has proposed that women be 
prohibited from paying for their own abortion and now have plans to 
exclude us from military combat. What is next, Mr. Chairman?
  I believe that military women should be able to depend on their base 
hospitals for all of their health care needs. A repeal of the current 
ban on privately funded abortion would allow military women and 
dependents based overseas the same range and quality of medical care 
available to women in the United States. No Federal funds would be used 
to perform these procedures and no undue burden is placed on military 
physicians overseas. In addition, this amendment does not compel any 
doctor who opposes abortion on principle to perform one; it simply 
opens up reproductive services at bases in countries where abortion is 
legal.
  It is unconscionable that this Congress would seek to prohibit a 
woman's right to a safe and legal procedure. The fact that a woman is 
stationed and is serving overseas should not deny her the opportunity 
to obtain safe, reproductive services. I urge adoption of the Davis/
Harman/Sanchez amendment.
  Mr. RYUN of Kansas. Mr. Chairman, I yield 1 minute to the gentleman 
from Florida (Mr. Stearns).
  Mr. STEARNS. Mr. Chairman, let me say to my colleagues, I come from 
north central Florida, and we have a lot of beautiful Indian-sounding 
names like Ocala, Okhumpka, Micanopy, Oklawaha.
  Just for a moment, let us say I walked down anywhere from 
Jacksonville through these wonderful small towns and I walked up to 
somebody on the street and I said, Do you think we should allow the 
Department of Defense medical facilities to be turned into abortion 
clinics?
  Now, if I asked that to anyone in north central Florida, I bet you 
almost 99 percent of the people would say, Why are we turning our 
military medical hospitals into abortion clinics?
  That is why here on the House floor we have voted time and time again 
and overwhelmingly defeated it. In fact, going back to 1996, 1997, 
1998, 1999 right on up to currently we have defeated this amendment. It 
will be defeated on the House floor too.
  So I really find this debate one of persuasion on this side who wants 
to turn medical facilities or medical military hospitals into abortion 
clinics. I think, for many of us, that is just wrong, and that is why I 
am against this amendment.
  I urge my colleagues to vote against the bill.
  Mrs. DAVIS of California. Mr. Chairman, I yield 1 minute to the 
gentlewoman from California (Ms. Solis).
  Ms. SOLIS. Mr. Chairman, today I rise in strong support of the Davis-
Harman-Sanchez amendment.
  This amendment would repeal the current ban that forbids servicewomen 
and female military dependents from using their own private funds for 
an abortion, abortion care at overseas military hospitals.
  Abortion is a very personal issue. I do not think it is one that 
anyone here takes very lightly, but Members have to understand that 
currently there are over 100,000 women that are right now serving on 
active duty somewhere abroad, or their family members are there near a 
military base. Health care for them is very important.
  God forbid that one of these young women, or soldiers, is raped when 
we know in fact in Afghanistan and currently in Iraq there have been 
sexual assaults and rapes. For God's sake, let us be rational about 
this discussion. Let us allow these servicewomen to pay for the 
appropriate care that they are willing to pay.
  It is not taxpayer dollars that we are expending on this particular 
procedure, and I think it is a gross misrepresentation for Members to 
think that somehow this is an abuse of unwanted children. The fact of 
the matter is that there are women who do need this health care and 
many women who are in the service who are rape victims.
  Mr. RYUN of Kansas. Mr. Chairman, I believe I have the right to, and 
I reserve the balance of my time.
  Mrs. DAVIS of California. Mr. Chairman, I yield 1\1/2\ minutes to the 
gentleman from Connecticut (Mr. Shays).
  Mr. SHAYS. Mr. Chairman, I rise in support of the Davis-Harman 
amendment to H.R. 1815, the National Defense Authorization Act. This 
amendment would lift the ban on privately funded abortion care provided 
at overseas military bases. It would restore the right of female 
servicemembers and dependents who are stationed overseas to use their 
own funds to obtain reproductive health services, including abortion.
  Current law forbids military hospitals from offering abortion care 
except in cases of life endangerment, rape or incest. This amendment 
does not ask for public funds to be used to finance these additional 
reproductive health services. Rather, it allows U.S. servicewomen and 
their military dependents to have access to privately funded abortion 
services, the same as they would if they were living in the United 
States.
  I was disappointed the Committee on Rules did not make in order an 
amendment I offered with the gentlewoman from Florida (Ms. Wasserman 
Schultz) that would have allowed publicly funded abortions in the case 
of rape or incest, just as Medicare allows and as currently allowed if 
a woman's life is in danger.
  Despite its not being included, I think passage of the Davis-Harman 
amendment would be a positive development for women in the military, 
and I urge its passage.
  Currently, there are over 100,000 women who serve the United States 
and are working in the military overseas, and the number grows rapidly 
each year.
  This amendment seeks to give back to servicewomen the 
Constitutionally guaranteed right to reproductive choice.
  Although I know many of my colleagues would prefer otherwise, Roe v. 
Wade is the law of the land, and this ban takes away the legal rights 
of servicewomen and their families in the military.
  The ban discriminates against the women and families who have 
volunteered to serve their country.
  I support this amendment and encourage my colleagues to do so as 
well.
  Mr. RYUN of Kansas. Mr. Chairman, I reserve the balance of my time.
  Mrs. DAVIS of California. Mr. Chairman, how much time remains?
  The Acting CHAIRMAN. The gentlewoman has 1\1/2\ minutes remaining.
  Mrs. DAVIS of California. Mr. Chairman, I yield myself the balance of 
my time.
  Mr. Chairman, as we consider this amendment and others today, I want 
to urge my colleagues to consider the following questions:
  What message do we give to the brave servicewoman whose life is on 
the line this very minute in Iraq? What message do we give the young 
woman who recently chose to join the military and defend this country?
  Distilled to its essence, this defense bill reaches to the heart of 
some very basic questions about America's policy towards servicewomen 
and how we choose to treat them. And the question is, will we treat 
them equally and with respect, or not?
  Military women deserve the right to make private medical decisions 
according to their own beliefs and to receive

[[Page 11315]]

timely care from a doctor. They should not have to find themselves 
alone on a plane to the U.S. or alone in a foreign hospital.
  The Davis-Harman-Sanchez amendment is about safety, individual 
responsibility and fairness. I believe we owe our servicewomen this 
much.
  Mr. RYUN of Kansas. Mr. Chairman, I yield myself the balance of my 
time.
  Mr. Chairman, in conclusion, let me say I urge my colleagues to 
oppose this amendment. It is an unnecessary amendment. We must not turn 
our military installations into abortion clinics. Our military doctors 
did not sign up to perform abortions, and we must not put them in that 
position.
  I urge my colleagues to vote ``no'' on the Davis amendment.
  Ms. LEE. Mr. Chairman, I rise today in strong support of the Davis-
Harman-Sanchez Amendment.
  There are over 200,000 women serving on active duty in the United 
States military, and over 150,000 serving with the Guard or Reserve.
  This common sense amendment allows these military women stationed 
overseas and their dependents to exercise the same rights as women in 
this country: The right to comprehensive family planning, including 
access to a safe, legal abortion.
  This amendment does not allow one cent of taxpayer money to fund 
these procedures. It simply allows women to use their own money to pay 
for this procedure in an overseas military facility.
  It makes no sense that we have asked these soldiers to serve our 
country and yet we cannot serve them with basic comprehensive health 
care.
  Let us reject this administration's ongoing, politically and 
ideologically motivated war on women. Let's adopt this important common 
sense amendment. I urge a ``yes'' vote.
  Mr. RYUN of Kansas. Mr. Chairman, I yield back the balance of my 
time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from California (Mrs. Davis).
  The question was taken; and the Acting Chairman announced that the 
noes appeared to have it.
  Mrs. DAVIS of California. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentlewoman from California 
(Mrs. Davis) will be postponed.
  It is now in order to consider amendment No. 1 printed in House 
Report 109-96.


                 Amendment No. 1 Offered by Mr. Hunter

  Mr. HUNTER. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 1 offered by Mr. Hunter:
       Page 34, line 1, insert ``, to the extent provided in 
     advance in appropriations Acts,'' after ``shall''.
       Page 58, after line 15, insert the following new section:

     SEC. 228. FUNDING FOR SUPERSONIC CRUISE MISSILE ENGINE 
                   QUALIFICATION.

       (a) In General.--The amount in section 201(3) for research, 
     development, test, and evaluation, Air Force, is hereby 
     increased by $10,000,000, to be available for supersonic 
     cruise missile engine qualification, program element 
     0603216F, project 4921.
       (b) Offset.--The amount in section 104 for procurement, 
     Defense-wide, is hereby reduced by $10,000,000, to be derived 
     from the chemical demilitarization program.
       Strike section 574 (page 188, line 21, through page 194, 
     line 11) and insert the following:

     SEC. 574. GROUND COMBAT AND OTHER EXCLUSION POLICIES.

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

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

       ``(a) Rule for Ground Combat Personnel Policy.--(1) If the 
     Secretary of Defense proposes to make any change described in 
     paragraph (2)(A) or (2)(B) to the ground combat exclusion 
     policy or proposes to make a change described in paragraph 
     (2)(C), the Secretary shall, before any such change is 
     implemented, submit to Congress a report providing notice of 
     the proposed change. Such a change may then be implemented 
     only after the end of a period of 60 days of continuous 
     session of Congress (excluding any day on which either House 
     of Congress is not in session) following the date on which 
     the report is received.
       ``(2) A change referred to in paragraph (1) is a change 
     that--
       ``(A) closes to female members of the armed forces any 
     category of unit or position that at that time is open to 
     service by such members;
       ``(B) opens to service by female members of the armed 
     forces any category of unit or positon that at that time is 
     closed to service by such members; or
       ``(C) opens or closes to the assignment of female members 
     of the armed forces any military career designator as 
     described in paragraph (6).
       ``(3) The Secretary shall include in any report under 
     paragraph (1)--
       ``(A) a detailed description of, and justification for, the 
     proposed change; and
       ``(B) a detailed analysis of legal implication of the 
     proposed change with respect to the constitutionality of the 
     application of the Military Selective Service Act (50 App. 
     U.S.C. 451 et seq.) to males only.
       ``(4) In this subsection, the term `ground combat exclusion 
     policy' means the military personnel policies of the 
     Department of Defense and the military departments, as in 
     effect on October 1, 1994, by which female members of the 
     armed forces are restricted from assignment to units and 
     positions below brigade level whose primary mission is to 
     engage in direct combat on the ground.
       ``(5) For purposes of this subsection, the continuity of a 
     session of Congress is broken only by an adjournment of the 
     Congress sine die.
       ``(6) For purposes of this subsection, a military career 
     designator is one that is related to military operations on 
     the ground as of May 18, 2005, and applies--
       ``(A) for enlisted members and warrant officers, to 
     military occupational specialties, specialty codes, enlisted 
     designators, enlisted classification codes, additional skill 
     identifiers, and special qualification identifiers; and
       ``(B) for officers (other than warrant officers), to 
     officer areas of concentration, occupational specialties, 
     specialty codes, designators, additional skill identifiers, 
     and special qualification identifiers.
       ``(b) Other Personnel Policy Changes.--(1) Except in a case 
     covered by section 6035 of this title or by subsection (a), 
     whenever the Secretary of Defense proposes to make a change 
     to military personnel policies described in paragraph (2), 
     the Secretary shall, not less than 30 days before such change 
     is implemented, submit to the Committee on Armed Services of 
     the Senate and the Committee on Armed Services of the House 
     of Representatives notice, in writing, of the proposed 
     change.
       ``(2) Paragraph (1) applies to a proposed military 
     personnel policy change, other than a policy change covered 
     by subsection (a), that would make available to female 
     members of the armed forces assignment to any of the 
     following that, as of the date of the proposed change, is 
     closed to such assignment:
       ``(A) Any type of unit not covered by subsection (a).
       ``(B) Any class of combat vessel.
       ``(C) Any type of combat platform.''.
       (2) The table of sections at the beginning of such chapter 
     is amended by inserting after the item relating to section 
     651 the following new item:
``652. Notice to Congress of proposed changes in units, assignments, 
              etc. to which female members may be assigned.''.

       (b) Report on Implementation of Department of Defense 
     Policies With Regard to the Assignment of Women.--Not later 
     than March 31, 2006, the Secretary of Defense shall submit to 
     the Committee on Armed Services of the Senate and the 
     Committee on Armed Services of the House of Representatives a 
     report of the Secretary's review of the current and future 
     implementation of the policy regarding the assignment of 
     women as articulated in the Secretary of Defense memorandum, 
     dated January 13, 1994, and entitled, ``Direct Ground Combat 
     Definition and Assignment Rule''. In conducting that review, 
     the Secretary shall closely examine Army unit modularization 
     efforts, and associated personnel assignment policies, to 
     ensure their compliance with the Department of Defense policy 
     articulated in the January 1994 memorandum.
       (c) Conforming Repeal.--Section 542 of the National Defense 
     Authorization Act for Fiscal Year 1994 (10 U.S.C. 113 note) 
     is repealed.
       In section 825(d) (page 325, line 22), insert after 
     ``Defense'' the following: ``for the Joint Military 
     Intelligence Program or Tactical Intelligence and Related 
     Activities''.
       In section 825(e) (page 325, line 24), insert after 
     ``committees'' the following: ``and the Permanent Select 
     Committee on Intelligence of the House of Representatives''.
       At the end of subtitle B of title X (page 365, after line 
     19), insert the following new section:

     SEC. 1017. ESTABLISHMENT OF MEMORIAL TO U.S.S. OKLAHOMA.

       (a) Identification of Site for Memorial.--The Secretary of 
     the Navy, in consultation with the Secretary of the Interior, 
     shall identify an appropriate site on Ford Island, Hawaii, 
     for the location of a memorial to the U.S.S. Oklahoma, which 
     was sunk during the attack on Pearl Harbor on December 7, 
     1941.

[[Page 11316]]

       (b) Establishment and Administration.--After the site for 
     the memorial is identified under subsection (a), the 
     Secretary of the Interior shall establish and administer a 
     memorial to the U.S.S. Oklahoma as part of the USS Arizona 
     National Memorial, a unit of the National Park System, in 
     accordance with the laws and regulations applicable to lands 
     administered by the National Park Service.
       (c) Memorialization Plan.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of the 
     Navy shall submit to Congress a memorialization plan for the 
     portion of Pearl Harbor where United States naval vessels 
     were attacked on December 7, 1941. The Secretary of the Navy 
     shall prepare the plan in consultation with the Secretary of 
     the Interior.
       At the end of title XI (page 411, after line 5), insert the 
     following new section:

     SEC. 1108. VETERANS' PREFERENCE STATUS FOR CERTAIN VETERANS 
                   WHO SERVED ON ACTIVE DUTY DURING THE PERIOD 
                   BEGINNING ON SEPTEMBER 11, 2001, AND ENDING AS 
                   OF THE CLOSE OF OPERATION IRAQI FREEDOM.

       (a) Definition of Veteran.--Section 2108(1) of title 5, 
     United States Code, is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by adding ``or'' after the 
     semicolon; and
       (3) by inserting after subparagraph (C) the following:
       ``(D) served on active duty as defined by section 101(21) 
     of title 38 at any time in the armed forces for a period of 
     more than 180 consecutive days any part of which occurred 
     during the period beginning on September 11, 2001, and ending 
     on the date prescribed by Presidential proclamation or by law 
     as the last date of Operation Iraqi Freedom;''.
       (b) Conforming Amendment.--Section 2108(3)(B) of such title 
     is amended by striking ``paragraph (1)(B) or (C)'' and 
     inserting ``paragraph (1)(B), (C), or (D)''.
       Redesignate titles I through VIII of division B as titles 
     XXI through XXVIII, respectively.

  The Acting CHAIRMAN. Pursuant to House Resolution 293, the gentleman 
from California (Mr. Hunter) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California (Mr. Hunter).
  Mr. HUNTER. Mr. Chairman, I yield myself 3 minutes.
  Mr. Chairman, this is a manager's amendment which has several 
components. One component is cruise missile funding for the supersonic 
cruise missile; another is a USS Oklahoma memorial; another is 
veterans' preference. But the heart of this manager's amendment is the 
amendment on women in combat, and that is not women in uniform as the 
gentleman from Missouri (Mr. Skelton) likes to describe it, but women 
in combat and the exclusion from direct ground combat in the United 
States Department of Defense.
  Mr. Chairman, let us make it clear to everyone, because clarity is 
what we all want, there is presently a policy, a DOD policy, put forth 
by then-Secretary of Defense Les Aspin, that has been adhered to, that 
continues the American policy and tradition of not having women in 
direct ground combat. That means manning machine guns, assaulting enemy 
positions at close range with rifle and bayonet, with tanks, with 
Bradley fighting vehicles, engaging in firefights; in short, doing all 
the things that we know now that we have elements of the Marine Special 
Operations and Army doing in the war against terror.
  Now, the committee in asking, in inquiring of the Army as to what 
their position was on this as they go into the development of the new 
Army, it became clear that they were not sure.

                              {time}  1530

  There were three separate briefing teams sent to the Hill, each of 
whom had a different position within 3 days as to exactly what the 
policy would be of excluding women from direct ground combat. As a 
result of that, we had a provision in the bill that would statutorily 
take the Army policy, the present policy, and Xerox it, exactly the 
same policy, but would make it law.
  We have had a number of people who have expressed concern about that. 
We have had also a number of people who want to make sure we maintain 
that policy and, as a result of that, we have, I think, an excellent 
compromise, an excellent provision in the bill which says this: if DOD 
wants to change the existing policy that excludes women from direct 
ground combat, they have to give Congress 60 continuous legislative 
days' notice.
  Now, what that means is we have now injected ourselves, as we should, 
being people who under the Constitution have the obligation of 
regulating the Armed Forces, we have injected ourselves into any change 
of this long-standing DOD policy. We will have 60 legislative days, 
continuous legislative days, in which we can change that policy. We 
direct the Secretary of Defense to come back to us and tell us how he 
is going to implement that policy and specifically how he is going to 
reshape the Army and the Army modularity and comply with that 1994 
policy which excludes women from direct ground combat.
  This is an excellent provision, Mr. Chairman. And for all the women 
out there who are concerned about the possibility of being moved into 
direct ground combat, certainly we make it very clear they will not be, 
by action of the U.S. Congress.
  Mrs. TAUSCHER. Mr. Chairman, I claim the time in opposition, although 
I will not, in the end, oppose it.
  The Acting CHAIRMAN. Without objection, the gentlewoman from 
California (Mrs. Tauscher) will control the time in opposition.
  There was no objection.
  Mrs. TAUSCHER. Mr. Chairman, I yield myself such time as I may 
consume, and I rise to express my deep concern about the portion of the 
Hunter amendment that amends the language regarding women in combat. 
Currently, women in the military are barred from direct ground combat 
positions by policy and by the will of the American people. However, 
while I recommend that the Hunter amendment get passed, I want to make 
it crystal clear to the American people that this does not go far 
enough in amending what previously had been put in the bill, and it 
potentially infringes on the right of women to serve in combat support 
positions alongside men, positions that women currently hold. Equally 
important, it also greatly reduces the ability of the Pentagon to make 
needed personnel changes at a time of war.
  For the last 2 weeks, Mr. Chairman, women in the military have been 
under assault by the majority in the House Committee on Armed Services. 
While this latest version of the Hunter amendment is an improvement 
over the horrendous language he included in the bill 2 weeks ago, this 
is like a school yard bully taking your lunch money, getting caught, 
giving you half the money back and then demanding you thank him for it. 
We should not be in this position in the first place.
  At a time when our Armed Forces are overstretched and Army recruiting 
and retention has hit the skids, we should not appear to be restricting 
patriotic Americans who want to serve their country in the military. 
This entire effort sends a harmful message to the women serving today 
on the front lines of Iraq that Congress is considering the right that 
they have achieved to serve their country through military service may 
be in jeopardy.
  Just a short while ago, this Congress was praising Jessica Lynch and 
Shoshana Johnson for their service. We should be thanking women in 
uniform, not limiting their opportunities. Suicide bombers do not 
discriminate, why should we?
  Mr. Chairman, this is an ill-thought-out policy that has been 
proposed, revised, revised again, and argued all at the last minute 
without any hearings in the subcommittee or the committee. Apparently, 
in offering the most recently altered amendment, even the gentleman 
from California (Mr. Hunter) recognizes he had gone too far. While far 
from undoing the mixed signal this effort to change the rules has sent 
to women and men serving with distinction in a very dangerous 
environment, this amendment corrects the most egregious language 
currently in the bill and should be supported.
  I guess what is most disappointing about this issue is that nothing 
has been done to repair the damage that this effort inflicts on women 
serving in the military today. Repairing the damage in this bill still 
begs the question: What are we going to do to restore the trust of our 
servicewomen?

[[Page 11317]]

  Mr. Chairman, I reserve the balance of my time.
  Mr. HUNTER. Mr. Chairman, how much time do we have left?
  The Acting CHAIRMAN (Mr. Putnam). The gentleman from California has 2 
minutes remaining.
  Mr. HUNTER. Mr. Chairman, I yield myself 2 minutes. Mr. Chairman, we 
live sometimes in a fantasy world here in Washington, D.C. Let me take 
us to the real world. The real world in direct ground combat is what 
you saw in Fallujah, where people were assaulting heavily fortified 
areas, very close range, fierce firefights, rocket-propelled grenades, 
machine gun fire, and in the end, 78 dead Marines, KIA.
  I have here an article: ``War Makes Recruiting Women Tough.'' Reading 
from the Columbia State Journal: ``As the Iraq war wears on and 
casualties mount, young women are marching away from the Army.'' This 
is the real world, not the fantasy world the gentlewoman speaks about. 
``The number of women in Army recruiting classes has dropped 20 percent 
in the last 5 years. Why the drop? `It's the war,' Army spokesman 
Douglas Smith said, adding `recruiting of women has slipped, despite 
larger signing bonuses and an increase in the number of recruiters.'''
  The facts are that 90 percent of the women polled who are in the Army 
do not want to go in direct ground combat. There may be people here in 
Washington, D.C. who want to send young women into direct ground 
combat, but the vast majority of those in the military do not want 
that. And the real reassurance to American moms and dads sitting around 
the breakfast table talking to their youngsters about joining the 
military is that they will not be sent into direct ground combat. And 
if a proposal is made to change that, then the U.S. Congress, under its 
obligation, will have a requirement to review that policy and act 
before it becomes the new policy.
  Mr. Chairman, I reserve the balance of my time.
  Mrs. TAUSCHER. Mr. Chairman, how much time do I have left?
  The Acting CHAIRMAN. The gentlewoman from California has 2\1/2\ 
minutes remaining.
  Mrs. TAUSCHER. Mr. Chairman, I yield 1\1/2\ minutes to the 
gentlewoman from California (Mrs. Davis).
  Mrs. DAVIS of California. Mr. Chairman, I think that several of our 
colleagues want to really put this issue aside, but I think it has had 
an impact. I spoke to Sergeant Cynthia Hanna this morning. Sergeant 
Hanna works for the San Diego Police Department and is a Marine Corps 
veteran. Like many women in Iraq right now, Sergeant Hanna was an 
integral part of the fight. But let me tell you where her fight is now. 
Her fight is on the streets of San Diego.
  I thought Sergeant Hanna summed up the issue best. Not once did she 
talk about whether this is a Democrat or Republican issue. She said, 
``The desire to serve has never been about women's equality to the 
exclusion of readiness considerations. The struggle,'' the struggle, 
``is about the privilege of serving one's country without artificial 
barriers based solely on gender. Women's struggle for a place in the 
military has been about seeking the full rights and responsibilities of 
citizenship. The struggle is about women being judged by the same 
standards as men in any job for which they can qualify. It has always 
been about being able to pursue a career based on individual 
qualifications rather than unrelated stereotypes.''
  Mrs. TAUSCHER. Mr. Chairman, I yield the balance of my time to the 
gentlewoman from California (Ms. Loretta Sanchez).
  Ms. LORETTA SANCHEZ of California. Mr. Chairman, I thank my colleague 
from California for yielding me this time, and I rise today in support 
of the thousands of women serving their country bravely and honorably 
in the armed services today.
  Two weeks ago, in the Subcommittee on Military Personnel of the 
Committee on Armed Services, there was an amendment put forward by the 
gentleman from New York (Mr. McHugh) and it was wrong, and I told him 
it was wrong; but they passed it. A week ago, they changed it because 
it was so bad. And I told him, I do not even know what we are voting 
on, and yet the majority passed it. Today, they have a third amendment, 
because it was wrong and it did not make sense. This one, we can live 
with. It is just about reporting and reporting to the Congress.
  But I will tell my colleagues something I believe is true. Not every 
man nor every woman makes a good soldier. But if a woman can do it, and 
she wants to do it, and she is good at it, then let her do it. As I 
have said before, this is not a question of equal opportunity; it is a 
question of our national security.
  Mr. HUNTER. Mr. Chairman, I yield myself the balance of my time.
  Mr. Chairman, there are 2,800 job opportunities open to women in the 
military. This provision, very appropriately, injects Congress into the 
policy role of making the determination, if it should ever be proposed 
by DOD to move women into direct ground combat. That injects Congress 
into that policy role.
  And if anybody makes that profound determination, it has to be 
Congress. I hope it is never made, but certainly we should not stand by 
and have such a profound decision made without the U.S. Congress 
weighing in. This guarantees our participation.
  Mrs. DRAKE. Mr. Chairman, first let me thank the gentleman from 
California for his leadership and hard work on this issue and for 
drafting an amendment that confirms Congress' constitutional duty to 
oversee the military. Any decision to allow women to serve in direct 
ground combat is a decision that must be made by Congress.
  Our men and women in Iraq, Afghanistan, Bosnia, and around the world 
are serving our Nation with distinction and honor. In the Global War on 
Terror, there are no designated front lines and at any moment even a 
mess hall can become a combat zone.
  The jobs that place our military members in direct ground combat are 
currently closed to women.
  The amendment before us today will allow congressional oversight in 
any decision to open direct ground combat specialties to women by 
requiring notification by the Defense Secretary and Congress. It also 
requires a report from the Secretary in March of 2006 which will allow 
Congress to further explore this issue.
  Let me be clear, this amendment does not impact any specialties 
currently open to women. All women will continue serving in their 
current roles. Any change in current roles would be completely 
unacceptable.
  I urge my colleagues to support this measure.
  Mrs. MALONEY. Mr. Chairman, I rise to express my opposition to Mr. 
Hunter's Manager Amendment to H.R. 1815, the National Defense 
Authorization Act for Fiscal Year 2006.
  Like so many of my colleagues, I was concerned about the original 
language in H.R. 1815, language that would have excluded women from 
20,000 positions in which they have already served to great acclaim.
  However, while the Manager's Amendment is an improvement upon the 
original language, it is still flawed.
  First of all, the Hunter Amendment extends the notification period 
for changes to women's assignments from thirty to sixty legislative 
days, a period that could last as long as 4 to 5 months.
  Mr. Chairman, I know how long debates on this floor can last, and I 
guarantee you, an Iraqi insurgent is not going to hold his fire until 
we have reached agreement on which positions women can fill.
  In addition, the Hunter Amendment requires Army commanders to send 
more detailed reports to Congress about the kinds of enlisted jobs, or 
Military Occupational Specialties, they would like to open to women. 
Unfortunately, this will also have the effect, intended or not, of 
limiting women's roles in the military. Our generals are swimming in 
paperwork as it is. By burdening them with even more paperwork, the new 
provisions in the Hunter Amendment create an unnecessary and dangerous 
delay.
  Now is the time to be praising women for their contributions to the 
war effort, not curtailing their roles. Army spokesperson Elizabeth 
Robbins recently declared, ``Women soldiers are performing 
magnificently in all formations in which they are permitted to serve.''
  Mr. Chairman, this is high praise! Why are we trying to fix a problem 
that does not exist?
  Today, women comprise a quarter of our available soldiers. As General 
Claudia Kennedy, the highest ranking woman ever to serve in the Army 
said to me, ``Numbers matter! Why should we prohibit our brave soldiers

[[Page 11318]]

from doing their jobs when the Army is having trouble recruiting?''
  We should devote our time to enhancing soldiers' protections, not 
restricting women's roles.
  Several months ago we learned that soldiers were digging up rusted 
scrap metal to protect unarmored vehicles. This is a problem worth 
fixing! The best way to protect our women and men in uniform is to 
guarantee them the armor, supplies and resources they need.
  In April 2003, a soldier named Jessica Lynch captured our hearts. She 
also taught us an important lesson. Jessica Lynch was a member of the 
507th Maintenance Company. Her convoy, a supply unit, was not supposed 
to be in the line of fire. But, Mr. Chairman, as Jessica Lynch's 
terrifying ordeal taught us, everywhere in Iraq is a potential combat 
zone, and every soldier is serving on the front lines.
  I would like to thank Representatives Skelton and Wilson for their 
hard work on this issue and for their advocacy for women's rights in 
the military.
  I stand here in support of the military. My husband, brother and 
father all served with honor on our country's behalf. I am grateful for 
the sacrifice of each of our service men and women. But I did not come 
to Congress to restrict the roles of women anywhere.
  Mr. HUNTER. Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from California (Mr. Hunter).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. HUNTER. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
(Mr. Hunter) will be postponed.


          Sequential Votes Postponed in Committee Of The Whole

  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings 
will now resume on those amendments on which further proceedings were 
postponed, in the following order: amendment No. 20 offered by the 
gentleman from Virginia (Mr. Goode), amendment No. 24 offered by the 
gentlewoman from Virginia (Mrs. Jo Ann Davis), amendment No. 12 offered 
by the gentlewoman from California (Mrs. Davis), and amendment No. 1 
offered by the gentleman from California (Mr. Hunter).
  The Chair will reduce to 5 minutes the time for any electronic vote 
after the first vote in this series.


                 Amendment No. 20 Offered by Mr. Goode

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on the amendment offered by the gentleman from Virginia 
(Mr. Goode) on which further proceedings were postponed and on which 
the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 245, 
noes 184, not voting 4, as follows:

                             [Roll No. 214]

                               AYES--245

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Coble
     Cole (OK)
     Conaway
     Costello
     Cox
     Cramer
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Duncan
     English (PA)
     Etheridge
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hooley
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Israel
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Keller
     Kelly
     Kennedy (MN)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Knollenberg
     Kuhl (NY)
     LaHood
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moore (KS)
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Pryce (OH)
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Spratt
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Tiahrt
     Tiberi
     Turner
     Udall (CO)
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                               NOES--184

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Blumenauer
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Butterfield
     Buyer
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Dreier
     Edwards
     Ehlers
     Emanuel
     Engel
     Eshoo
     Evans
     Farr
     Fattah
     Filner
     Flake
     Frank (MA)
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kline
     Kolbe
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Maloney
     Markey
     Matsui
     McCollum (MN)
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Price (NC)
     Putnam
     Rahall
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Sherman
     Simmons
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Souder
     Stark
     Strickland
     Stupak
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tierney
     Towns
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wilson (NM)
     Woolsey
     Wu
     Wynn

                             NOT VOTING--4

     Brown (SC)
     Emerson
     Hastings (WA)
       
     Millender-McDonald
       

                              {time}  1608

  Ms. McCOLLUM of Minnesota and Messrs. BROWN of Ohio, DINGELL, ENGEL 
and SCOTT of Georgia changed their vote from ``aye'' to ``no.''
  Messrs. ISSA, ISTOOK, CANTOR, KNOLLENBERG and BISHOP of Georgia 
changed their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


       Amendment No. 24 Offered by Mrs. Jo Ann Davis of Virginia

  The Acting CHAIRMAN (Mr. Putnam). The pending business is the demand 
for a recorded vote on the

[[Page 11319]]

amendment offered by the gentlewoman from Virginia (Mrs. Jo Ann Davis) 
on which further proceedings were postponed and on which the ayes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 413, 
noes 16, not voting 4, as follows:

                             [Roll No. 215]

                               AYES--413

     Abercrombie
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Cox
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emanuel
     Engel
     English (PA)
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Inslee
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McKinney
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanchez, Loretta
     Sanders
     Saxton
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Souder
     Spratt
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wu
     Wynn
     Young (AK)
     Young (FL)

                                NOES--16

     Ackerman
     Baldwin
     Blumenauer
     Conyers
     Frank (MA)
     Gutierrez
     Kucinich
     Lee
     McDermott
     Moore (WI)
     Sanchez, Linda T.
     Schakowsky
     Solis
     Stark
     Wasserman Schultz
     Woolsey

                             NOT VOTING--4

     Brown (SC)
     Emerson
     Hastings (WA)
     Millender-McDonald
       


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (Mr. Terry) (during the vote). Members are 
advised there are 2 minutes left in this vote.

                              {time}  1616

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


          Amendment No. 12 Offered by Mrs. Davis of California

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on amendment No. 12 offered by the gentlewoman from 
California (Mrs. Davis) on which further proceedings were postponed and 
on which the noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 194, 
noes 233, not voting 6, as follows:

                             [Roll No. 216]

                               AYES--194

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bass
     Bean
     Becerra
     Berkley
     Berman
     Biggert
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boehlert
     Bono
     Boswell
     Boucher
     Boyd
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Castle
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Cramer
     Crowley
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Dicks
     Dingell
     Doggett
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Frelinghuysen
     Gilchrest
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (CT)
     Johnson, E. B.
     Jones (OH)
     Kaptur
     Kelly
     Kennedy (RI)
     Kilpatrick (MI)
     Kind
     Kirk
     Kolbe
     Kucinich
     Lantos
     Larsen (WA)
     Larson (CT)
     Leach
     Lee
     Levin
     Lewis (GA)
     Lofgren, Zoe
     Lowey
     Maloney
     Markey
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McKinney
     Meehan
     Meek (FL)
     Meeks (NY)
     Menendez
     Miller (NC)
     Miller, George
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Pomeroy
     Price (NC)
     Pryce (OH)
     Ramstad
     Rangel
     Reyes
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Sabo
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Shaw
     Shays
     Sherman
     Simmons
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Tanner
     Tauscher
     Thomas
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Wasserman Schultz
     Waters
     Watson
     Watt

[[Page 11320]]


     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--233

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Beauprez
     Berry
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonilla
     Bonner
     Boozman
     Boren
     Boustany
     Brady (TX)
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Calvert
     Camp
     Cannon
     Cantor
     Carter
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Costello
     Cox
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Cunningham
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Ehlers
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gillmor
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Keller
     Kennedy (MN)
     Kildee
     King (IA)
     King (NY)
     Kingston
     Kline
     Knollenberg
     Kuhl (NY)
     LaHood
     Langevin
     Latham
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Manzullo
     Marchant
     Marshall
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     McNulty
     Melancon
     Michaud
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Ortiz
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Porter
     Price (GA)
     Putnam
     Radanovich
     Rahall
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Salazar
     Saxton
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Sherwood
     Shimkus
     Shuster
     Simpson
     Skelton
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Taylor (MS)
     Taylor (NC)
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--6

     Brown (SC)
     Buyer
     Emerson
     Hastings (WA)
     Mica
       
     Millender-McDonald
       


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (during the vote). Members are advised there are 
2 minutes left in this vote.

                              {time}  1625

  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. MICA. Mr. Chairman, on rollcall No. 216 I was unavoidably 
detained. Had I been present, I would have voted ``no.''


                          PERSONAL EXPLANATION

  Mr. FOLEY. Mr. Chairman, on rollcall No. 216, I inadvertently voted 
``nay.'' I meant to vote ``aye.''


                 Amendment No. 1 Offered by Mr. Hunter

  The Acting CHAIRMAN. The pending business is the demand for a 
recorded vote on amendment No. 1 offered by the gentleman from 
California (Mr. Hunter) on which further proceedings were postponed and 
on which the ayes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The Acting CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The Acting CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 428, 
noes 1, not voting 4, as follows:

                             [Roll No. 217]

                               AYES--428

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Cox
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Emanuel
     Engel
     English (PA)
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hastings (FL)
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Inslee
     Israel
     Issa
     Istook
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kucinich
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McKinney
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Oberstar
     Obey
     Olver
     Ortiz
     Osborne
     Otter
     Owens
     Oxley
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schakowsky
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Woolsey
     Wu
     Wynn
     Young (AK)
     Young (FL)

[[Page 11321]]



                                NOES--1

       
     Maloney
       

                             NOT VOTING--4

     Brown (SC)
     Emerson
     Hastings (WA)
       
     Millender-McDonald


                  Announcement by the Acting Chairman

  The Acting CHAIRMAN (Mr. Terry) (during the vote). Members are 
advised 2 minutes remain in this vote.

                              {time}  1632

  So the amendment was agreed to.
  The result of the vote was announced as above recorded.
  The Acting CHAIRMAN. It is now in order to consider amendment No. 6 
printed in House Report 109-96.


                 Amendment No. 6 Offered by Mr. Stearns

  Mr. STEARNS. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 6 offered by Mr. Stearns:
       At the end of title V (page 194, after line 11), insert the 
     following new section:

     SEC. 6XX. SENSE OF CONGRESS THAT COLLEGES AND UNIVERSITIES 
                   GIVE EQUAL ACCESS TO MILITARY RECRUITERS AND 
                   ROTC IN ACCORDANCE WITH THE SOLOMON AMENDMENT 
                   AND REQUIREMENT FOR REPORT TO CONGRESS.

       (a) Findings.--Congress makes the following findings:
       (1) The Reserve Officer Training Corps (ROTC) program is 
     the most common means for undergraduates to become United 
     States military officers, producing 60 percent of all 
     officers in the Armed Forces and 75 percent of Army officers.
       (2) The ROTC program is officially banned from many leading 
     universities and, although students at those institutions can 
     participate in ROTC programs at other colleges, they often 
     have to travel significant distances to do so.
       (3) The United States is engaged in a global war on 
     terrorism, and it is thus more important than ever for the 
     Armed Forces to recruit high quality and well-qualified 
     personnel.
       (4) Recruiting on university campuses is one of the primary 
     means of obtaining new, highly qualified personnel for the 
     Armed Forces and is an integral, effective, and necessary 
     part of overall military recruitment.
       (5) In 1996, Congress enacted a provision of law that has 
     become known as the ``Solomon Amendment'' that provides for 
     the Secretary of Defense to deny Federal funding to colleges 
     and universities if they prohibit or prevent ROTC or military 
     recruitment on campus.
       (6) A group of university law schools have challenged the 
     constitutionality of the Solomon Amendment, and the Supreme 
     Court has agreed to hear the case in the term beginning in 
     October 2005.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) any college or university that discriminates against 
     ROTC programs or military recruiters should be denied certain 
     Federal taxpayer support, especially funding for many 
     military and defense programs; and
       (2) universities and colleges that receive Federal funds 
     should provide military recruiters access to college campuses 
     and to college students equal in quality and scope to that 
     provided all other employers.
       (c) Report Required.--Not later than one year after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a report on the colleges and 
     universities that are denying equal access to military 
     recruiters and ROTC programs.

  The Acting CHAIRMAN. Pursuant to House Resolution 293, the gentleman 
from Florida (Mr. Stearns) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Florida (Mr. Stearns).
  Mr. STEARNS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise today to urge all of my colleagues to support 
this very simple amendment to the Defense authorization bill. This 
amendment does two very important things.
  First, it expresses the sense of Congress that any college or any 
university that denies equal access or discriminates against ROTC 
programs or military recruiters should be denied certain Federal 
taxpayer support, especially funding for many military and defense 
programs. Secondly, Mr. Chairman, it requires the Secretary of Defense 
to issue a report to Congress on those colleges and universities that 
are denying equal access to military recruiters and these ROTC 
programs.
  In 1996, Congress enacted a provision of law that became known as the 
Solomon Amendment. Representative Solomon, as you remember, was a 
colleague from New York who was chairman of the Committee on Rules. 
This provision provided for the Secretary of Defense to deny Federal 
funding to colleges and universities if they prohibited or prevented 
ROTC or military recruitment on campuses.
  Mr. Chairman, a number of universities and colleges today are denying 
equal access to military recruiters. For example, at Yale University 
students who wish to participate in the ROTC program must drive to the 
University of Connecticut in Storrs at least once a week. That is like 
you and me driving down to Richmond once a week while attending a 
university here in Washington, D.C. This trip could take up to an hour 
and a half each way.
  Perhaps worse, Yale accepts ROTC dollars, but refuses to grant credit 
for ROTC courses; so if you are an ROTC scholarship and taking courses 
at Yale and attending at Storrs, the Air Force, the Army and the Navy 
will pay for your courses at Yale; but, again, Yale says you have to go 
to Storrs and denies access to the ROTC program right there at Yale.
  While students at Harvard can participate in ROTC programs at nearby 
MIT, ROTC courses may be taken only on a noncredit basis. This 
banishment of ROTC led Harvard President Lawrence Summers to say, ``We 
need to be careful about adopting any policy on campus of nonsupport 
for those involved in defending this country. We should be proud that 
we have in our midst students who will make the commitment to the 
ROTC.''
  This is why it is so important for Congress to make a strong 
statement in support of full and equal access to military recruiters on 
campus and for the ROTC.
  Therefore, it is vital to national security that we improve the 
ability of students to simply participate in ROTC programs and ensure 
that colleges and universities provide military recruiters entry to 
campuses and simple access to students that is at least equal in 
quality and scope to that provided by any other employer in America.
  Mr. Chairman, I urge my colleagues to support my amendment.
  Mr. ANDREWS. Mr. Chairman, although I do not intend to oppose the 
amendment, I ask unanimous consent to claim the time in opposition.
  The Acting CHAIRMAN. Without objection, the gentleman from New Jersey 
is recognized for 5 minutes.
  There was no objection.
  Mr. ANDREWS. Mr. Chairman, I yield such time as he may consume to the 
ranking member of our committee, the gentleman from Missouri (Mr. 
Skelton).
  Mr. SKELTON. Mr. Chairman, I stand in full support of this amendment. 
ROTC has been an integral part of college life for many, many, many 
decades in our country. Land grant colleges across the Nation are 
required to have ROTC, as they should. But I think those colleges and 
universities, institutions of higher learning, that have Federal funds 
flow into them for any number of reasons, any number of grants, for 
good purposes, of course, should also support the ROTC programs and 
allow recruiters free access to those that wish to inquire of and join 
the ROTC.
  ROTC is not just a proposition whereby someone may become an officer 
in the United States Army, Air Force, Navy or Marines. It also is a 
character builder for young people. They learn about obligations, about 
duty, about patriotism. I think ROTC has certainly played an important 
part in so many young lives in our country.
  Mr. Chairman, I certainly support this amendment, and I think it is 
wrong not to allow ROTC on such campuses.
  Mr. ANDREWS. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise in support of the amendment, although I would 
note that there are three interests that must be delicately balanced in 
this instance. The first is the need for our military institutions to 
have full access to recruit on every campus in the country and to do so 
in a thorough way; the second interest that has to be balanced is the 
academic freedom of our colleges and universities to make judgments 
about what they think

[[Page 11322]]

should and should not happen on their campuses; and the third interest 
that has to be balanced is the right of students who are enrolled in 
ROTC programs, and other students, for that matter, to have a full 
range of employment options so that if they choose to go into the 
military, they are not denied that option because of a policy of their 
college or university.
  This is a delicate balance that I think is being properly handled 
under present law. I would note that the amendment before the body is a 
sense of Congress resolution. It is one of the reasons I am supporting 
the amendment. It expresses, I think accurately, the sentiment of the 
Congress; but it does not disrupt the delicate balance under the law 
that we presently have today, which I think is wise and prudent.
  Mr. Chairman, I yield back the balance of my time.
  Mr. STEARNS. Mr. Chairman, I yield 1 minute to the gentleman from 
Alabama (Mr. Rogers).
  Mr. ROGERS of Alabama. Mr. Chairman, I would like to thank my 
colleague, the gentleman from Florida (Mr. Stearns), for offering this 
amendment.
  Mr. Chairman, Congress has voted time and time again to remove 
obstacles facing some of our military recruiters; and to the credit of 
most institutions, like those in my home State of Alabama, most do the 
right thing. Yet a small, but growing, group of institutions just do 
not seem to get it.
  Recently, the University of Wisconsin at Stout joined the exclusive 
club of liberal institutions that prohibit the military from campus. 
Instead of doing the right thing and opening their doors to the 
uniformed personnel, this university has instead chosen to make a 
narrow-minded political statement.
  What the university is doing simply flies in the face of common 
sense, especially during wartime. For the graduating students, this 
says clearly that a career in the military is not worth their 
consideration. Try telling that to the soldiers serving with honor and 
dignity in Afghanistan and Iraq, or their families praying for their 
safety.
  This practice has got to stop, and I urge my colleagues to vote for 
this amendment.
  Mr. STEARNS. Mr. Chairman, I yield 50 seconds to the gentleman from 
Minnesota (Mr. Kline).
  Mr. KLINE. Mr. Chairman, I thank the gentleman for yielding me time.
  Mr. Chairman, this is a very important subject. I wholeheartedly 
support the amendment. While our men and women in uniform are fighting 
around the world, we have colleges and universities around this country 
denying equal access to ROTC programs and military recruiters in the 
name of political correctness.

                              {time}  1645

  I would just remind my colleagues of the words of the former 
Commandant of the Marine Corps, General Krulak, who told us that our 
``all-volunteer force'' is an ``all-recruited force.'' By recruiting 
the best and the brightest, our United States Armed Forces are today 
the very best in the world.
  We have to stand up for the rights of our recruiters and the rights 
of our military to gain access to those campuses. Vote for this 
amendment.
  Mr. STEARNS. Mr. Chairman, I yield myself such time as I may consume.
  With the United States engaged in a global war on terrorism, it is 
more important than ever before for the Armed Forces to recruit high-
quality, well-qualified, and well-trained personnel. This amendment 
ensures in a larger sense that this Congress is on record saying we 
support them and we think the universities and colleges in this country 
should also support them by giving access.
  Mr. Chairman, I yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Terry). The question is on the amendment 
offered by the gentleman from Florida (Mr. Stearns).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. STEARNS. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Florida (Mr. 
Stearns) will be postponed.


                Amendments En Bloc Offered by Mr. Hunter

  Mr. HUNTER. Mr. Chairman, I offer amendments en bloc.
  The Acting CHAIRMAN. The Clerk will designate the amendments en bloc.
  The Clerk designated the amendments en bloc, as follows:
  Amendments en bloc offered by Mr. Hunter printed in House Report 109-
96 consisting of amendment No. 4; amendment No. 5; amendment No. 8; 
amendment No. 9; amendment No. 11; amendment No. 14; amendment No. 16; 
amendment No. 17; amendment No. 22; and amendment No. 23.


                  Amendment No. 4 Offered by Mr. Stark

  The text of the amendment is as follows:
       At the end of title V (page 194, after line 1), insert the 
     following new section:

     SEC. 5XX. COMPTROLLER GENERAL STUDY OF MILITARY RECRUITING.

       (a) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committees on Armed Services of the Senate and House 
     of Representatives a report on military recruiting.
       (b) Matters To Be Included.--The Comptroller General shall 
     include in the report the following:
       (1) Whether military recruitment criminal violations have 
     increased in any branches of the Armed Forces since the 
     beginning of combat in Iraq.
       (2) Whether policies of the Department of Defense or of any 
     of the specific military branches have caused or encouraged 
     military recruiters to carry out criminal actions to increase 
     recruitment numbers.
       (3) Whether the Department of Justice, Department of 
     Defense, or specific military branches have adequately and 
     independently carried out investigations and prosecutions of 
     all Department of Defense officials who are complicit or 
     directly involved in criminal actions to increase military 
     recruitment.
       (4) Any recommendations for any legislation or 
     administrative actions that the Comptroller General considers 
     appropriate.
       (5) Any other matter the Comptroller General considers 
     relevant.

               Amendment No. 5 Offered by Mr. Strickland

  The text of the amendment is as follows:

       At the end of title V (page 194, after line 11), insert the 
     following new section:

     SEC. 5XX. ADDITION OF INFORMATION CONCERNING MENTAL HEALTH 
                   SERVICES AND TREATMENT TO SUBJECTS REQUIRED TO 
                   BE COVERED IN MANDATORY PRESEPARATION 
                   COUNSELING.

       Section 1142(b) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(11) Information concerning the availability of mental 
     health services and the treatment of post-traumatic stress 
     disorder, anxiety disorders, depression, suicidal ideations, 
     or other mental health conditions associated with service in 
     the armed forces.''.

                Amendment No. 8 Offered by Ms. Slaughter

  The text of the amendment is as follows:

       At the end of title V (page 194, after line 11), insert the 
     following new section:

     SEC. 5XX. IMPROVEMENT TO DEPARTMENT OF DEFENSE RESPONSE TO 
                   SEXUAL ASSAULT AFFECTING MEMBERS OF THE ARMED 
                   FORCES.

       (a) Assessment.--The Secretary of Defense shall conduct an 
     inventory of supplies, trained personnel, and transportation 
     resources assigned or deployed to deal with sexual assault. 
     The Secretary shall assess the availability and accessibility 
     within deployed units of rape evidence kits, testing supplies 
     for sexually transmitted infections and diseases (STIs), 
     including HIV, and for pregnancy, transportation resources, 
     and medication. The assessment shall be completed not later 
     than 120 days after the date of the enactment of this Act.
       (b) Action Plan for Deployed Units.--The Secretary shall 
     develop a plan to enhance accessibility and availability of 
     supplies, trained personnel, and transportation resources in 
     response to sexual assaults occurring in deployed units. Such 
     plan shall include the following:
       (1) Training of new and existing first responders to sexual 
     assaults, including criminal investigators, medical providers 
     responsible for rape kit evidence collection, and victims 
     advocates, with such training to include current techniques 
     on processing of evidence, including rape kits, and 
     conducting investigations.
       (2) Accessibility and availability of supplies for victims 
     of sexual assault who present at a military hospital, 
     including rape kits, equipment for processing rape kits, and 
     testing supplies and treatment for sexually transmitted 
     infections and diseases, including HIV, and pregnancy.
       (c) Annual Report.--The Secretary shall include in the 
     annual report to the Committees on Armed Services of the 
     Senate and

[[Page 11323]]

     House of Representatives on sexual assaults a report as to 
     the supply inventory, location, accessibility, and 
     availability of supplies, trained personnel, and 
     transportation resources in response to sexual assault in 
     deployed units.

                Amendment No. 9 Offered by Mr. Reichert

  The text of the amendment is as follows:

       At the end of title V (page 194, after line 11), insert the 
     following new section:

     SEC. 575. REPORT ON EMPLOYMENT MATTERS FOR MEMBERS OF THE 
                   NATIONAL GUARD AND RESERVE.

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

                Amendment No. 11 Offered by Mr. Menendez

  The text of the amendment is as follows:

       At the end of title VI (page 279, after line 6), add the 
     following new section:

     SEC. 677. COMPTROLLER GENERAL REPORT REGARDING COMPENSATION 
                   AND BENEFITS FOR RESERVE COMPONENT MEMBERS.

       (a) Report Required.--The Comptroller General shall prepare 
     a report reviewing the terms and elements of reserve 
     compensation, benefit, and personnel support programs, 
     including the retirement system.
       (b) Elements of Report.--The report required by subsection 
     (a) shall address at a minimum the following:
       (1) The effectiveness and adequacy of compensation and 
     benefit programs, income protection for members of the 
     reserve components called to active duty, family support 
     programs, health care access, and other programs of interest 
     to such members.
       (2) The need for these programs to be improved, including 
     such recommendations as the Comptroller General considers 
     appropriate for achieving needed improvements.
       (3) A comparison of these programs to similar programs 
     conducted for the benefit of regular forces to determine if 
     the reserve programs are fair and equitable given the 
     increased contributions by reserve component forces to the 
     defense of the United States.
       (4) An examination of the differences in benefits and 
     protections provided to reservists who are called to serve 
     under different authorities, including title 10, United 
     States Code, title 32, United States Code, and State active 
     duty.
       (5) The need for benefits and protections to be made 
     consistent regardless of the authority under which members of 
     the reserve components are called to serve, including such 
     recommendations as the Comptroller General considers 
     appropriate for achieving that objective.
       (c) Relationship to Other Studies and Reports.--To the 
     extent that an issue required to be addressed by subsection 
     (b) is also the subject of other studies or reports being 
     prepared by the Comptroller General, the Comptroller General 
     may drop the issue from this report to avoid duplication of 
     effort.
       (d) Submission of Report.--The Comptroller General shall 
     submit the report to the congressional defense committees not 
     later than March 31, 2006.

           Amendment No. 14 Offered by Mr. Bishop of Georgia

  The text of the amendment is as follows:

       At the end of title VII (page 297, after line 26), add the 
     following new section:

     SEC. 718. STUDY RELATING TO PREDEPLOYMENT AND POSTDEPLOYMENT 
                   MEDICAL EXAMS OF CERTAIN MEMBERS OF THE ARMED 
                   FORCES.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of Defense shall conduct a study of 
     the effectiveness of self-administered surveys included in 
     predeployment and post-deployment medical exams of members of 
     the Armed Forces that are carried out as part of the medical 
     tracking system required under section 1074f of title 10, 
     United States Code.

                Amendment No. 16 Offered by Mr. Andrews

  The text of the amendment is as follows:

       At the end of subtitle B of title VIII (page 321, after 
     line 3), insert the following new section:

     SEC. 818. PROHIBITION ON DEFENSE CONTRACTORS REQUIRING 
                   LICENSES OR FEES FOR USE OF MILITARY LIKENESSES 
                   AND DESIGNATIONS.

       The Secretary of Defense shall require that any contract 
     entered into by the Department of Defense include a provision 
     prohibiting the contractor from requiring toy and hobby 
     manufacturers, distributors, or merchants to obtain licenses 
     from or pay fees to the contractor for the use of military 
     likenesses or designations on items provided under the 
     contract.

                 Amendment No. 17 Offered by Mr. Blunt

  The text of the amendment is as follows:

       At the end of subtitle B of title VIII (page 321, after 
     line 7), add the following new section:

     SEC. 818. ESTABLISHMENT OF EVALUATION FACTOR FOR DEFENSE 
                   CONTRACTORS EMPLOYING OR SUBCONTRACTING WITH 
                   MEMBERS OF THE SELECTED RESERVE OF THE RESERVE 
                   COMPONENTS OF THE ARMED FORCES.

       (a) Defense Contracts.--In awarding any contract for the 
     procurement of goods or services, the Department of Defense, 
     when considering source selection criteria, shall use as an 
     evaluation factor whether entities intend to carry out the 
     contract using employees or individual subcontractors for 
     goods and services who are members of the Selected Reserve of 
     the reserve components of the Armed Forces.
       (b) Documentation of Selected Reserve-Related Evaluation 
     Factor.--Any entity claiming intent to carry out a contract 
     using employees or individual subcontractors for goods and 
     services who are members of the Selected Reserve of the 
     reserve components of the Armed Forces shall be required to 
     document to the Department of Defense the number (and names, 
     if requested) of such members of the Selected Reserve that 
     the entity will employ, or execute personal services 
     contracts with, for the contract in question.
       (c) National Security Waiver.--The Secretary of the 
     military department concerned, or, in the case of contracts 
     which are not negotiated by a military department, the 
     Secretary of Defense, may waive the requirement in subsection 
     (a) with respect to a contract if the Secretary concerned 
     determines that the waiver is necessary for reasons of 
     national security.
       (d) Regulations.--The Federal Acquisition Regulation shall 
     be revised as necessary to implement this section.

                Amendment No. 22 Offered by Mr. Matheson

  The text of the amendment is as follows:

       At the end of title X (page 402, after line 22), insert the 
     following new section:

     SEC. 10XX. PRESERVATION OF INFORMATION AND RECORDS PERTAINING 
                   TO RADIOACTIVE FALLOUT.

       (a) Prohibition of Destruction of Certain Documents.--The 
     Secretary of Defense may not destroy any document in the 
     custody or control of the Department of Defense that is a 
     historical record (or part of a historical record) relating 
     to radioactive fallout from the testing of any nuclear 
     device.
       (b)  Preservation and Publication of Information.--The 
     Secretary of Defense shall identify, preserve, and publish 
     information contained in documents referred to in subsection 
     (a).

               Amendment No. 23 Offered by Mr. Hostettler

  The text of the amendment is as follows:

       At the end of title X (page 402, after line 22), insert the 
     following new section:

     SEC. __. SPECIAL IMMIGRANT STATUS FOR PERSONS SERVING AS 
                   TRANSLATORS WITH UNITED STATES ARMED FORCES.

       (a) In General.--For purposes of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), subject to 
     subsection (c)(1), the Secretary of Homeland Security may 
     provide an alien described in subsection (b) with the status 
     of a special immigrant under section 101(a)(27) of such Act 
     (8 U.S.C. 1101(a)(27)), if the alien--
       (1) files with the Secretary of Homeland Security a 
     petition under section 204 of such Act (8 U.S.C. 1154) for 
     classification under section 203(b)(4) of such Act (8 U.S.C. 
     1153(b)(4)); and
       (2) is otherwise eligible to receive an immigrant visa and 
     is otherwise admissible to the United States for permanent 
     residence, except in determining such admissibility, the 
     grounds for inadmissibility specified in section 212(a)(4) of 
     such Act (8 U.S.C. 1182(a)(4)) shall not apply.
       (b) Aliens Described.--
       (1) Principal aliens.--An alien is described in this 
     subsection if the alien--

[[Page 11324]]

       (A) is a national of Iraq or Afghanistan;
       (B) worked directly with United States Armed Forces as a 
     translator for a period of at least 12 months;
       (C) obtained a favorable written recommendation from the 
     first general or flag officer in the chain of command of the 
     United States Armed Forces unit that was supported by the 
     alien; and
       (D) prior to filing the petition described in subsection 
     (a)(1), cleared a background check and screening, as 
     determined by the first general or flag officer in the chain 
     of command of the United States Armed Forces unit that was 
     supported by the alien.
       (2) Spouses and children.--An alien is described in this 
     subsection if the alien is the spouse or child of a principal 
     alien described in paragraph (1), and is following or 
     accompanying to join the principal alien.
       (c) Numerical Limitations.--
       (1) In general.--The total number of principal aliens who 
     may be provided special immigrant status under this section 
     during any fiscal year shall not exceed 50.
       (2) Counting against special immigrant cap.--For purposes 
     of the application of sections 201 through 203 of the 
     Immigration and Nationality Act (8 U.S.C. 1151-1153) in any 
     fiscal year, aliens eligible to be provided status under this 
     section shall be treated as special immigrants described in 
     section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who are 
     not described in subparagraph (A), (B), (C), or (K) of such 
     section.
       (d) Application of Immigration and Nationality Act 
     Provisions.--The definitions in subsections (a) and (b) of 
     section 101 of the Immigration and Nationality Act (8 U.S.C. 
     1101) shall apply in the administration of this section.

         Modification to Amendment No. 16 Offered by Mr. Hunter

  Mr. HUNTER. Mr. Chairman, I ask unanimous consent that amendment No. 
16 offered by the gentleman from New Jersey (Mr. Andrews) and printed 
in House Report 109-96 be modified in the form I have placed at the 
desk.
  The Acting CHAIRMAN. The Clerk will report the modification.
  The Clerk read as follows:

       Modification to amendment No. 16 offered by Mr. Andrews:
       At the end of subtitle B of title VIII (page 321, after 
     line 3), insert the following new section:

     SEC. 818. PROHIBITION ON DEFENSE CONTRACTORS REQUIRING 
                   LICENSES OR FEES FOR USE OF MILITARY LIKENESSES 
                   AND DESIGNATIONS.

       (a) In General.--The Secretary of Defense shall require 
     that any contract entered into by the Department of Defense 
     include a provision prohibiting the contractor from requiring 
     toy and hobby manufacturers, distributors, or merchants to 
     obtain licenses from or pay fees to the contractor for the 
     use of military likenesses or designations on items provided 
     under the contract.
       (b) Limitation to United States Companies.--Subsection (a) 
     applies only with respect to toy and hobby manufacturers, 
     distributors, or merchants incorporated in or organized under 
     the laws of the United States.

  Mr. HUNTER (during the reading). Mr. Chairman, I ask unanimous 
consent that the amendment, as modified, be considered as read and 
printed in the Record.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  The Acting CHAIRMAN. Without objection, the amendment is modified.
  There was no objection.
  The Acting CHAIRMAN. Pursuant to House Resolution 293, the gentleman 
from California (Mr. Hunter) and the gentleman from Missouri (Mr. 
Skelton) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Hunter).
  Mr. HUNTER. Mr. Chairman, we are gathering our speakers, and I would 
hope my colleague, the gentleman from Missouri (Mr. Skelton) would be 
able to lead off with his speakers, so I reserve my time.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
New Jersey (Mr. Menendez).
  Mr. MENENDEZ. Mr. Chairman, I thank the gentleman for yielding me 
this time.
  Mr. Chairman, over the past 15 to 20 years, there has been a major 
and fundamental change in the way that our Reserve component has been 
used. Historically, National Guardsmen and Reservists were primarily 
viewed as a force expansion that could be used to supplement our active 
duty troops at times of a major war or conflict. But today these forces 
not only support our active forces, they also replace them in 
operations around the world.
  Since September 11, a large number of our Reserve component has been 
called to active duty, and the pace of Reserve perstempo is very high 
and expected to remain that way for the foreseeable future. In fact, as 
of May 20, we had over 162,000 National Guard members and Reservists on 
active duty both here at home and around the world.
  Unfortunately, there have been a variety of reports detailing 
recruiting and retention problems that our Armed Forces have 
experienced over the last year. Clearly, if our Nation continues to 
rely more and more on National Guard members and Reservists without 
providing them and their families the support they need at home, we 
risk establishing a pattern of failure when it comes to meeting the 
recruitment and retention targets.
  That is why I am very happy that we have included this amendment as 
part of the en bloc, and I appreciate the chairman's and the ranking 
member's help in doing so.
  In September of 2003, the GAO found that the DOD lacked sufficient 
information and data to address financial and health care issues 
affecting Reservists and their families. Fortunately, there is new 
information that could be used to determine the effect on readiness, 
recruiting, retention and, yes, on these families.
  Both a CBO study and a DOD survey, which were recently completed, 
have some interesting facts: 56 percent of National Guard members and 
Reservists are married; 55 percent of married Guard members and 
Reservists report a loss of income over their civilian jobs; 15 percent 
of those Guard members and Reservists report a pay decrease of $30,000 
a year; and 71 percent of them cite family burdens as a reason to leave 
the military.
  For all of those reasons, I am happy to see that our amendment, which 
will have a GAO report to provide recommendations to the Congress on 
how these programs can be improved to treat more fairly our Guardsmen, 
our Reservists, and their families, will be a reality.
  Mr. SKELTON. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman 
from Georgia (Mr. Bishop).
  Mr. BISHOP of Georgia. Mr. Chairman, I thank the gentleman for 
yielding me this time.
  I rise today in support of the en bloc amendment to H.R. 1815 and in 
support of my ``Healthy Troops'' amendment contained therein.
  Mr. Chairman, I first introduced the Healthy Troops Act when it was 
brought to my attention that many of our men and women serving in 
harm's way are not receiving hands-on medical examinations before or 
after they are deployed in combat. A 1997 congressional mandate 
requires both pre- and post-deployment medical exams, but this 
requirement is currently being met by the DOD by having our troops fill 
out self-administered questionnaires.
  This concerns me, as I believe it should concern all Americans, 
first, because the health of our servicemembers should not rely on 
their ability to self-diagnose; and secondly, because these brave men 
and women deserve an accurate documentation of their health status in 
combat so that, if necessary, they can claim veterans' health benefits 
when they come home.
  My original amendment required that DOD provide full hands-on and 
pre- and post-deployment exams for all deployed troops as opposed to 
the self-administered questionnaires. It also mandated a study of the 
effectiveness of the self-administered exams.
  The revised amendment, which reflects a bipartisan compromise struck 
with the chairman and the committee, provides only for the study into 
the effectiveness of the questionnaires and that the study be performed 
within 120 days of enactment.
  I do not believe that this is enough, but it does represent a victory 
for our servicemembers, men and women because, one, it continues an 
important, ongoing dialogue on the health and safety of our servicemen 
and -women, and two, because it requires further analysis of the 
effectiveness of the actual hands-on health screens.
  I think that we can all agree that the health of servicemembers must 
be at

[[Page 11325]]

the top of our agenda. This amendment puts the focus where it belongs.
  I urge my colleagues to support the en bloc amendment.
  Mr. HUNTER. Mr. Chairman, I yield 3\1/2\ minutes to the gentleman 
from Missouri (Mr. Blunt).
  Mr. BLUNT. Mr. Chairman, I thank the gentleman from California 
(Chairman Hunter) for yielding me this time and for the work he has 
done on this bill.
  In the en bloc amendment, really several of the provisions of a bill 
that I introduced recently, along with the gentleman from Illinois (Mr. 
Kirk) and others, to try to address the concerns that we have and, I 
think, concerns that are shared by not only the gentleman from 
California (Chairman Hunter) and the gentleman from Missouri (Ranking 
Member Skelton), but many of the Members of this Congress, on people 
who serve in the National Guard and Reserves.
  We see declining recruitment numbers. Clearly, the service, and the 
Guard and Reserves is a service where people who often have already 
served full-time in the military are willing to be available to the 
country in time of crisis, in times of imminent need; but people who 
were joining the Guard and Reserve, until recent years, until the last 
decade, at least, did not expect to be joining the Guard and Reserve to 
effectively be serving in the full-time force.
  I believe in an integrated armed service. I believe in the importance 
of a full-time force that is no bigger than it needs to be, to be 
supplemented in times of crisis by the great skills of people who 
either have served in the full-time force or who have received their 
training in the Guard and the Reserve.
  The Army is more than halfway through its fiscal year with only 
33,000 soldiers signed up, and is certainly likely to miss the target 
of 80,000 for 2005. That sort of recruiting puts more pressure on the 
Guard and Reserve. For 3 consecutive months, the Army has been short of 
its goal; and the Marines, that traditionally meet their goals, have 
not met their monthly goal this entire year. So we need to be concerned 
about the use of the full-time force and, obviously, the impact that 
has on the Guard and Reserve that are available.
  Legislation from our bill will be included in this en bloc amendment. 
The gentleman from Illinois (Mr. Kirk) is joining me in proposing this 
amendment, and the gentleman from Connecticut (Mr. Simmons) and the 
gentleman from Washington (Mr. Reichert) will bring other amendments 
from our bill to the floor.
  In the amendment that I am speaking in favor of, this is an amendment 
that just simply would allow and encourage the Department of Defense to 
take into account National Guard and Reserve personnel as one of the 
items that they would look at when they evaluate a bid for DOD work.
  I had a specific instance in my district in the last year where a 
business that had a government repair contract, that had a significant 
number of Guardsmen, in fact, those Guardsmen had been called up; and 
while those Guardsmen were called up, the work that they had been doing 
was given, in competitive bidding, no doubt, but given in competitive 
bidding to a Canadian company. Nobody in that Canadian company was 
serving in Iraq at the time for reasons we all understand.
  We would like to see that taken into account as these contracts are 
evaluated and look for other ways that the military can do things to 
further support our Guardsmen and Reservists.
  Mr. HUNTER. Mr. Chairman, I yield myself 1 minute to thank the 
gentleman for his amendment.
  There is nothing more important for our returning Guardsmen and 
Reservists than to know that they have a good job, and the idea of 
directing some of this money, the massive amount is $441 billion, that 
we pass in this bill goes to not only pay for people, but also to pay 
for the products that are used in the defense apparatus; to make sure 
that that is, as much as possible, those products are made by 
Americans. And made by Americans who are serving this flag should be a 
priority for our country.
  So I can assure the gentleman, we will be happy to continue to work 
on this as it moves through the process.
  Mr. BLUNT. Mr. Chairman, if the gentleman will yield, I really 
appreciate the chairman's understanding of this problem and his 
commitment to this problem.
  The other thing that we need to be doing is to ensure that Guardsmen 
and Reservists do have jobs when they come back; and if that job is a 
government contract, we should be doing everything we can to ensure 
that their service is noted in awarding the extension of that contract.
  Mr. SKELTON. Mr. Chairman, before I recognize the gentleman from 
Utah, let me say I wish to compliment my fellow Missourian on his 
amendment. The Guard and Reserve mean very much to us, and I think it 
is a major step in the right direction.
  Mr. Chairman, I yield 2 minutes to the gentleman from Utah (Mr. 
Matheson).

                              {time}  1700

  Mr. MATHESON. Mr. Chairman, I rise in support of this en bloc 
amendment to the Defense bill.
  I have offered an amendment to the bill that would require the 
Department of Defense to preserve irreplaceable historical records 
related to radioactive fallout, and I am pleased this amendment was 
ruled in order and is part of this en bloc amendment.
  Now currently the Department of Energy has ordered a moratorium on 
the destruction of such records, but the Department of Defense has no 
such prohibition and relevant records could potentially be lost.
  The National Academy of Sciences has pointed out that both the Navy 
and the Air Force have important documents that should be archived.
  As a result, the National Academy urged Congress to require better 
preservation of historical data related to radioactive fallout records.
  That is exactly what this amendment does.
  My amendment prohibits the Department of Defense from destroying 
these historical records and directs the Department to identify, 
preserve, and publish information contained in these records.
  Atmospheric testing was a dark period in our history for many 
Americans. We should do whatever we can to preserve the limited records 
from that time so they remain viable for scientific study. With this 
amendment we are taking a good first step toward preserving history.
  Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from 
Illinois (Mr. Kirk).
  Mr. KIRK. Mr. Chairman, I thank the chairman especially for his 
inclusion of major parts of the Americans in Uniform Act authored by 
the majority whip, the gentleman from Missouri (Mr. Blunt), in this 
legislation.
  One amendment in particular would allow the Defense Department to 
review the record of a contractor in retaining and keeping Reservists. 
Now, we have had a case in which some employers are so good at keeping 
Reservists that they have got a number of positions missing; and then 
they have failed to get a new contract award and providing material to 
the Department of Defense, and contracts have even gone to other 
companies in other countries that have no such Reserve obligation. That 
is wrong.
  This amendment says that the Department of Defense at least will be 
able to look at the record of contractors in keeping Americans in 
uniform when they make new awards. And that means a signal will go 
throughout the business community that you should be a good employer of 
Reservists.
  We have had over 400,000 Americans called to active duty. I stand 
here as, I think, the only Member of Congress still regularly drilling 
in the Reserves. I have got duty this weekend. And when I talk to my 
fellow Americans in uniform, there are unique pressures on the 
Reserves. But we are proud. We are proud to wear the uniform. We are 
proud to take part in what we need to do in the war on terror. And we 
are proud to stand with other leaders, like

[[Page 11326]]

my colleague, the gentleman from Washington (Mr. Larsen), that have 
done so much to make it easier for Reservists to keep their jobs.
  When you look at the gentleman from Washington (Mr. Reichert), 
sheriff, now Congressman, and what he did as a good employer of making 
sure that Reservists, when they go on active duty, do not suffer a loss 
in pay, it is what every employer should do in America; but sadly some 
do not. And we need to change that. This set of reforms in this 
legislation under the Americans in Uniform Act, the Blunt legislation, 
help do that, on the Space-A reforms of the gentleman from Connecticut 
(Mr. Simmons), on the study in which we are going to see exactly what 
we need to do for Reservists under the Reichert legislation and under 
the Blunt/Larsen/Kirk reforms that make DOD contractors report on how 
they are taking care of our Americans in uniform, and to know that it 
will be considered in the award of contracts sends a powerful signal 
that the all-volunteer military is working, that the total force is 
working, and that we look on these Americans who wear the uniform part-
time, in Winston Churchill's eyes, as twice a citizen, as someone who 
is a good member of their community, but when the country calls they 
respond exactly when we need them to go into harm's way and to be on 
the frontier of freedom.
  And, Mr. Chairman, thank you so much for including these reforms in 
the Americans for Uniform Act.
  Mr. SNYDER. Mr. Chairman, I yield 1 minute to the gentleman from 
Washington (Mr. Larsen).
  Mr. LARSEN of Washington. Mr. Chairman, I also want to stand in 
support of the Blunt/Kirk amendment to the Defense Authorization Act.
  Today our Guard and Reserve are protecting our security abroad. And, 
frankly, it is Congress's job and responsibility to create a network of 
job security when they come home. That is why I support this amendment.
  Our Guard and Reserve are overextended. Their Nation has called on 
them to serve. In most cases they have left a place of employment to do 
so, and Congress has a responsibility to ensure that we do not create 
any barriers for our Guard and Reserve that would keep them from 
returning to those jobs.
  This amendment will help ensure that if you are a member of the 
National Guard or Reserve you will not be at a disadvantage if working 
on a DOD contract through your employment.
  Mr. Chairman, this amendment will push the DOD to consider the 
employment of Guard and Reserve members when they award contracts. When 
serving, these women and men of the Guard and Reserve protect this 
Nation. This amendment gives us one more way that we can protect these 
brave women and men and their families when they come home.
  Mr. HUNTER. Mr. Chairman, I yield 3 minutes to the gentleman from 
Washington (Mr. Reichert).
  Mr. REICHERT. Mr. Chairman, I too am proud to be a part of today's 
process and ensuring that our National Guardsmen and -women and 
Reservists are respected and we are showing them that we have listened 
to their concerns.
  I have served in the Air Force Reserves, and I will not tell you how 
long ago that exactly was. But let us just say that my pay at that time 
was as a police officer around $700 to $800 a month. So it was awhile 
ago.
  When I was on duty as a Reservist, I took a pay cut. And that was a 
cut from $700 a month. So you can imagine that it was a little bit hard 
to keep your family supported during that period of time. And I know 
what it is like to be a Reservist. I had a financial responsibility. I 
had employment issues. And it is not easy to juggle those weighty 
concerns while preparing to serve your country or as soon as you 
return.
  When I was sheriff of King County, we developed a standard to support 
our employees who were also Reserve soldiers. Their jobs were 
guaranteed no matter what length of time they served or how long their 
tour of duty was. The soldiers knew that when they came back they had a 
job, they had employment, and that they were supported 100 percent. Men 
and women serving our country should be praised, not punished for being 
guardians of our Flag.
  During the last recess, I had the honor of sitting down with 20 
National Guard soldiers who had just returned from Iraq. In the 2 hours 
I spent with them, we discussed a number of concerns. But the issue 
reiterated by nearly every soldier in attendance was employment.
  That is why I am offering an amendment today to commission a study 
requiring the GAO to report on employment matters for the National 
Guard and Reserve, in particular the difficulties faced by soldiers in 
gaining reemployment once they return from duty.
  It is important that we know what types of jobs our servicemembers 
hold so we can address their employment issues. Our National Guard and 
Reserves are an incredibly important part of our military; and we need 
to protect their interests, protect their families, protect their jobs, 
and make sure that they are respected for their service.
  Mr. SNYDER. Mr. Chairman, I yield 2 minutes to the gentleman from 
Ohio (Mr. Strickland).
  Mr. STRICKLAND. Mr. Chairman, I rise today in support of the en bloc 
amendment which includes my amendment regarding VA mental health 
services. My amendment will make sure that soldiers returning from Iraq 
and Afghanistan know about the mental health services available to them 
by requiring that they be fully informed of these services when 
separating from active duty.
  Our men and women are returning from deployments with very high rates 
of mental and emotional disorders. And as we know, there is often a 
stigma regarding mental health treatment, especially in the military. 
That is why we need to clearly communicate to our returning troops that 
they are entitled to receive help in dealing with problems resulting 
from their service to our country. Whether they are struggling with 
PTSD, depression or any other mental disorder, there is treatment 
available for them at our VA facilities. My amendment would simply 
require that those mental health treatment options are presented to our 
soldiers so that they can make informed decisions as they return to 
civilian life.
  I appreciate that this amendment was made in order, and I encourage 
my colleagues to support the en bloc amendment. Our men and women are 
bearing great physical and mental burdens from the operations in Iraq 
and Afghanistan. The very least we can do is to inform them of the 
benefits they have earned.
  Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I would like to engage my colleague, the gentleman from 
California (Mr. Farr), in a colloquy.
  Mr. FARR. Mr. Chairman, will the gentleman yield?
  Mr. HUNTER. I yield to the gentleman from California.
  Mr. FARR. Mr. Chairman, I rise today to ask for the gentleman's help 
to make military golf courses accessible with specialty golf carts for 
veterans community and disabled golf patrons. Our Nation's disabled 
military personnel and veterans have paid a great debt to their 
country. We have an obligation to make their reintegration into society 
as seamless as possible, and one way is to make it easier for them to 
resume recreational activities like golf.
  And I would ask the chairman if he would agree that the committee 
should explore the feasibility of the cost of providing specialty carts 
for disabled golf patrons at military golf courses with DOD and the 
services.
  Mr. HUNTER. Mr. Chairman, I would just say to my colleague, I think 
he has brought a great idea forward. We have military bases around the 
country that serve not only the active duty folks, but also retired 
folks and disabled folks; and it seems absolutely appropriate that we 
make sure that those golf courses, all of which have electric golf 
carts, have some specialty carts to accommodate those who need them. So 
I will work with the gentleman, and let us see if we can make sure that 
there are enough carts available at all the

[[Page 11327]]

courses to accommodate all the folks that need them.
  Mr. FARR. I thank the chairman. I look forward to working with the 
gentleman.
  Mr. HUNTER. Mr. Chairman, I reserve the balance of my time.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
Texas (Ms. Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Mr. Chairman, first of all I want to thank 
the ranking member, the gentleman from Missouri (Mr. Skelton), and the 
chairman, the gentleman from California (Mr. Hunter), for a bill that 
is probably one of the more important initiatives that this Congress 
addresses, and that is the ordering and the governance of the United 
States Military, particularly this week that we honor those fallen 
heroes.
  Might I also say, however, that I wish appropriately that this 
legislation had the fullness of opportunity for many of us to debate. I 
am reminded that times before this legislation was debated for 2 weeks 
because it is so important and so crucial for the men and women of the 
United States military.
  I rise in support of an amendment offered by my distinguished 
colleague, the gentleman from Indiana (Mr. Hostettler), which I am a 
cosponsor of. I was a cosponsor of that bill, and this was an amendment 
that was taken from H.R. 2293. I continue to support it. It would 
provide special immigrant status for a limited number of Iraqis and 
Afghanis who have served as translators for the U.S. armed services.
  The translators are providing services for our combat forces in Iraq. 
And according to the Marines who work with them, the translators and 
their immediate families live in constant danger of debt because of the 
key support they are providing for our combat forces. The Marine 
commanders have expressed a desire to help them come to the U.S. with 
their immediate families, and we wanted to answer their call. The 
commanders believe that the lives of the translators will be in even 
jeopardy when the Marines withdraw from Iraq.
  The translators have gone far beyond just providing translation 
services. They stay with the Marines in their camps, in the same living 
quarters, and eat chow with the soldiers every day.
  I am reminded of the individual who helped translate and ultimately 
found Saddam Hussein. He now is a citizen of the United States, was 
previously so, but has the ability to come here and he is provided 
safety for him and his family.
  The amendment would make permanent resident visas available to the 
nationals of Iraq and Afghanistan and their spouses and children who 
have helped the U.S. in this most difficult effort. And so I would ask 
my colleagues to support this.
  As I rise to honor these individuals, might I also say that we need 
to honor the fallen dead who come home to our shores and allow them to 
be honored when these soldiers return home. And I hope that we will 
look forward to removing the executive order that requires lights out 
when our fallen heroes have come back having served in the United 
States military, and having lost their lives in battle.
  Mr. Chairman, I ask my colleagues to support the Hostettler/Jackson-
Lee amendment.
  I rise in support of the amendment offered by my distinguished 
colleague, the gentleman from Indiana, Mr. Hostettler. I was a 
cosponsor of the bill that this amendment was taken from, H.R. 2293, 
and I continue to support it in its present form. It would provide 
special immigrant status for a limited number of Iraqis and 
Afghanistani who have served as translators for the U.S. Armed Forces.
  The translators are providing services for our combat forces in Iraq. 
According to the Marines who work with them, the translators and their 
immediate families live in constant danger of death because of the key 
support they are providing for our combat forces. The Marine commanders 
have expressed a desire to help them to come to the U.S. with their 
immediate families. The commanders believe that the lives of the 
translators will be in even greater jeopardy when the Marines withdraw 
from Iraq.
  The translators have gone far beyond just providing translation 
services. They stay with the Marines in their camp, in the same living 
quarters, and eat chow with the soldiers every day. They go into the 
field with the Marines. They have fought along side of them and shed 
blood with them during combat operations. Some of the Marines feel so 
strongly about helping the translators that they have offered to take 
them into their homes in the United States until they have had enough 
time to settle in and find places of their own.
  The amendment would make permanent resident visas available to 
nationals of Iraq and Afghanistan (and their spouses and minor 
children) who have worked directly with U.S. Armed Forces as 
translators for at least 12 months, who have obtained favorable written 
recommendations from the officer in charge of the unit they worked 
with, and who have cleared a background check. No more than 50 
principals would be eligible to receive permanent resident status. The 
recipients would count towards the 10,000-per-year quota of special 
immigrant visas.
  I am pleased that we can offer permanent resident status to such 
deserving immigrants with a bipartisan bill. I urge you to vote for 
this amendment.
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
New York (Mr. Nadler).
  Mr. NADLER. Mr. Chairman, the en bloc amendment calls among other 
things for special immigrant status for Iraqi or Afghani nationals who 
have served as translators with the United States Armed Forces. This 
amendment is a direct response to the critical need for translators and 
linguists in our military. This interpreter shortage is well 
documented. The 9/11 Commission report stated that the government 
``lacked sufficient translators proficient in Arabic and other key 
languages, resulting in a significant backlog of untranslated 
intercepts.''
  The 2002 GAO study and the September 2004 Justice Department IG 
report made the same findings. The shortage of Arabic translators in 
Iraq and Afghanistan has made it harder for U.S. soldiers to protect 
themselves and has jeopardized interrogations of suspected al Qaeda 
terrorists in U.S. custody.

                              {time}  1715

  I commend the author of this legislation for his willingness to open 
the immigration doors to Arabic and Farsi linguists serving as 
translators with the United States Armed Forces. Yet, the answer to 
this dire need is not to give U.S. citizenship to Iraqis and Afghanis, 
but rather to stop discriminating against American citizens who are 
ready to loyally serve their country as Arabic translators.
  It is no coincidence that this bill would create 50 spots for Iraqi 
and Afghani nationals, almost the exact number of translators who have 
been discharged under the military's ``Don't Ask, Don't Tell'' law in 
effect since 1994. Fifty-four Arabic and nine Persian/Iranian, 
including Farsi, translators have been discharged under this policy.
  Because of ``Don't Ask, Don't Tell,'' the military continues to 
devote its resources to rooting out patriotic gay Americans whose 
service is central to the war on terrorism. This is another example of 
how ``Don't Ask, Don't Tell'' is not in the best interest of our 
national security.
  Mr. Chairman, this Congress says, ``Don't ask, Don't tell, Don't 
translate.''
  I urge my colleagues to recognize the fundamental rights of American 
citizens and the fundamental absurdity of denying the right to serve to 
citizens who have vitally needed skills that we all know we need.
  I urge this Congress to repeal the obnoxious and incredibly self-
defeating policy of ``Don't Ask, Don't Tell.''
  Mr. SKELTON. Mr. Chairman, I yield 2 minutes to the gentleman from 
New Jersey (Mr. Andrews).
  Mr. ANDREWS. Mr. Chairman, I thank the gentleman from Missouri (Mr. 
Skelton) for yielding me time.
  Mr. Chairman, I want to express my appreciation to the gentleman from 
California (Mr. Hunter) and to the ranking member, the gentleman from 
Missouri (Mr. Skelton), and to the members of the staff for including 
in this en bloc amendment a proposal with respect to the retailers and 
distributors of model airplanes and model ships.

[[Page 11328]]

  One way to express your patriotism and support for the military is to 
collect and assemble and build models of military craft and military 
vehicles. An unfortunate occurrence has happened in the last few years 
where the large defense contractors which received the right to build 
these materials are extracting royalties from the consumers who buy 
them. They extract those royalties from the distributors and the 
retailers. We would like to stop that practice.
  These ships and planes are designed with public money. They are 
conceived of with public money, and we do not think the American public 
should pay for this twice.
  I very much appreciate the fact that language that takes us in that 
direction has been included in the bill. Frankly, there is more work to 
do in my judgment concerning who is covered by the scope of the 
language but this is an important first step. It will promote 
patriotism for those who collect and build these models, and it will do 
so in a fair way to the consumer.
  I thank the gentleman from California (Mr. Hunter), the gentleman 
from Missouri (Mr. Skelton) and the staffs for making this possible.
  I would ask for support of the en bloc amendment.
  Mr. HUNTER. Mr. Chairman, I yield 2 minutes to the gentleman from 
Colorado (Mr. Hefley), the chairman of the Subcommittee on Readiness.
  Mr. HEFLEY. Mr. Chairman, I do not intend to take 2 minutes, but I 
just wanted to say that in committee the gentleman from New Jersey (Mr. 
Andrews) introduced this amendment. I thought it was an excellent 
amendment and that we ought to follow through on it.
  We had a problem in committee that it might have a jurisdictional 
problem. The gentleman was nice enough to agree to withdraw it so we 
could check that jurisdictional problem. We do not have that problem at 
this point.
  The gentleman is on the right track. It ought to be passed. I am glad 
it is in the en bloc, and I thank the gentleman for bringing this to 
our attention.
  I do not think most of us who grew up with the thrill of playing with 
model airplanes ever dreamed that this was the situation, and this will 
correct the situation. I appreciate the gentleman doing that.
  Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, we have talked about the translator provision that 
would give some accommodation to those folks who have served our U.S. 
military in those warfighting theaters, and I just wanted to give some 
credit for the originator of this proposal. It was a Marine captain in 
Fallujah who talked about the service of these translators, how much 
they risk, the exposure that they take, and the dedication that they 
have to America and to our cause. So it was that recommendation that 
found its way back to the floor of the House, and I am glad that we are 
passing it.
  I want to thank all of my colleagues who have spoken in favor of this 
provision.
  Mr. STARK. Mr. Chairman, I rise in opposition to this defense 
authorization bill. Once again, the Republican majority has pushed 
forward a defense budget that does nothing to make this country any 
safer.
  This bill continues Congress' long-held tradition of throwing away 
billions on the development of ineffective or duplicative weapons 
systems that pad the pockets of big defense contractors. It authorizes 
$7.9 billion on pie-in-the-sky Star Wars missile defense, a $100 
million increase over President Bush's request. Yet, this unproven Cold 
War concept does not address the very real security threat posed by 
weapons of significant magnitude that are readily delivered in a 
suitcase or cargo container.
  Developing new nuclear weapons, as this bill encourages, will not 
deter terrorists or rogue nations like North Korea. It encourages them 
to answer in kind, especially as the Bush Administration pursues its 
belligerent policy of preemption.
  Further, as long as the United States is in Iraq, the Iraqi 
insurgency will continue to have a justification to carry out their 
savage attacks on the Iraqi people and security forces and American 
soldiers. It is unfortunate the Republican majority continues to 
believe that throwing more money at the problems in Iraq will somehow 
slow death rates.
  Over 1,500 young Americans and more than 20,000 Iraqi civilians have 
been killed; the immediate withdrawal of U.S. troops from Iraq is 
necessary if the United States is serious about bringing peace and 
security to the Iraqi people.
  Whether or not those soldiers currently fighting overseas are active 
duty, National Guard or reserves, they all deserve the same access to 
health care. Unfortunately, this bill once again shortchanges our 
troops. The Chairman of the Armed Services Committee unilaterally 
stripped out language in the bill that provided the same health care to 
our National Guard members and reservists as the rest of our soldiers. 
President Bush's war in Iraq has leaned heavily on National Guard 
members and reservists. It is only fair that we provide them--and their 
family members--the same health care as the rest of our soldiers; their 
sacrifice has been no less.
  The American people may be surprised to know that even a defense bill 
can be used to advance the agenda of the religious right. An amendment 
to allow servicewomen to use their own funds to obtain an abortion at 
an overseas U.S. military medical facility was beaten back by 
conservatives who continue to prove they vote first, and think second.
  How can we ask our women in uniform to fight abroad for the rights of 
others, when we prevent them from exercising their own constitutional 
right to choose?
  I urge my colleagues to vote down this wasteful and irresponsible 
bill. It is time we had a defense budget that lives within its means, 
accounts for what is truly required in Iraq, and provides the best 
possible support for all our troops. Nor does it alleviate years of 
Defense Department policies that discriminate against sexual 
orientation and gender.
  Ms. SLAUGHTER. Mr. Chairman, I am pleased to have the opportunity to 
offer this very important amendment that will help the Department of 
Defense improve their capability to provide care to victims of sexual 
assault in the military.
  Earlier this month, the Department of Defense released their first 
annual report to Congress on sexual assault in the military. And the 
findings were not good. Of the 1,275 cases of sexual assault among 
service members, only 113 cases resulted in a court martial.
  More discouraging is the fact that 278 cases were not pursued because 
the perpetrator could not be identified. And, another 351 cases were 
not pursued because of unsubstantiated or insufficient evidence. Mr. 
Chairman, this amounts to 629 sexual assault cases, nearly 50 percent 
of those reported, where the perpetrator is still out there, free to 
commit further assaults on our brave service women defending our 
country.
  Surely the Department of Defense can and needs to do a better job of 
training new and existing first responders to respond to sexual 
assaults occurring in the military. Criminal investigators, medical 
professionals, and victims advocates all need to be trained on 
gathering, protecting, and processing evidence.
  The Defense Department must do a better job of providing the best 
possible care for service women who are victims of sexual assault. And 
that is what my amendment will do.
  Last March, servicewomen spoke before the Congressional Women's 
Caucus about the inability of some military healthcare facilities to 
appropriately care for women who had been sexually assaulted. In some 
areas, medical providers are not familiar with the gathering and 
processing of rape kits. More dismaying, some facilities are not even 
equipped with rape kits. With great emotion, these service women 
recounted the military's failure to provide them with a private 
examination or tests for pregnancy and sexually transmitted infections.
  Mr. Chairman, we cannot allow women to be victimized once by their 
perpetrator and then again by the lack of appropriate, compassionate 
care at military healthcare facilities.
  My amendment seeks to prevent our women in uniform from experiencing 
this egregious treatment. It requires the Secretary of Defense to 
assess the training and resource gaps, which have prevented victims of 
sexual assault in the military from receiving the best possible care. 
Based on this assessment, my amendment also requires the Secretary to 
develop a plan to address these gaps by enhancing the accessibility and 
availability of supplies and trained personnel by military victims of 
sexual assault.
  It is my hope that through this plan the Secretary will require 
military healthcare facilities to carry emergency contraception (EC). 
Although emergency contraception has been available in the U.S. by 
prescription since the

[[Page 11329]]

late 1990s, it is not available to U.S. servicewomen. EC is widely 
recognized as an integral part of comprehensive and compassionate 
emergency treatment for sexual assault survivors. We do a disservice to 
women in the military by not requiring EC be available to them after a 
sexual assault.
  Women in the service put themselves in harms way to protect us and 
our Nation from threats at home and abroad. The least we can do is 
ensure they are protected when facing a horrible tragedy. My amendment 
helps the Defense Department provide military victims of sexual assault 
with honor, respect, and the best possible care that they deserve.
  I urge everyone to support my amendment.
  Ms. WOOLSEY. Mr. Chairman, when a woman enlists in the military to 
serve her country honorably, she expects that the resources will be 
there to take care of her in the unfortunate tragedy of rape. But a 
recent report from the Miles Foundation revealed that three fourths of 
the female veterans who were raped did not report the incident to a 
ranking officer. One third didn't know how to; and one fifth believed 
that rape was to be expected in the military. Even if they had reported 
the incident, if the service woman who had been sexually assaulted 
seeks care at a military healthcare facility, she may not be granted a 
private examination or tests for pregnancy and STIS. This is an 
outrageous way to treat our female military volunteers. That's why I 
urge my colleagues to support the Slaughter amendment, which would 
assure that our service women have access to the medical care and 
evaluation that they need when this type of strategy strikes. We owe 
them no less.
  Mr. GRAVES. Mr. Chairman, I would like to commend the gentleman from 
Washington on this amendment. It is important to evaluate and 
understand the financial difficulties that citizen-soldiers face when 
called to serve their country.
  Over 400,000 citizen-soldiers have been mobilized since September 11, 
2001. This is the largest activation of National Guard and Reserve 
members since World War II and will likely continue for the immediate 
future. About half of our total military are National Guard and Reserve 
forces.
  Recent government studies show that 40 percent of them make less 
money while mobilized than they earn in their civilian jobs. To solve 
this pay problem, I have introduced H.R. 838, which would offer 
employers a tax credit to help make up some of the pay gap.
  Military Reservists and Guardsmen unselfishly answer the call to 
serve and protect their country at a moment's notice, many times at a 
personal and financial cost. In turn, we need to show appreciation and 
support for their patriotic efforts.
  We ask a lot of those who serve the cause of American freedom. 
Financial ruin should not be one of those sacrifices.
  I commend the gentleman for his work on behalf of our Guard and 
Reservists and urge passage of this amendment.
  Mr. HUNTER. Mr. Chairman, I reserve the balance of my time.
  Mr. SKELTON. Mr. Chairman, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. HUNTER. Mr. Chairman, I have no further requests for time, and I 
yield back the balance of my time.
  The Acting CHAIRMAN (Mr. Terry). The question is on the amendment 
offered by the gentleman from California (Mr. Hunter).
  The amendment was agreed to.
  The Acting CHAIRMAN. It is now in order to consider the amendment No. 
2 printed in House Report 109-96.


        Amendment No. 2 Offered by Mr. Bradley of New Hampshire

  Mr. BRADLEY of New Hampshire. Mr. Chairman, I offer an amendment.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 2 offered by Mr. Bradley of New Hampshire:
       At the end of subtitle C of title XXVIII, insert the 
     following new section:

     SEC. 28__. POSTPONEMENT OF 2005 ROUND OF DEFENSE BASE CLOSURE 
                   AND REALIGNMENT.

       (a) Postponement.--The Defense Base Closure and Realignment 
     Act of 1990 (part A of title XXIX of Public Law 101-09510; 10 
     U.S.C. 2687 note) is amended by adding at the end the 
     following new section:

     ``SEC. 2915. POSTPONEMENT OF 2005 ROUND OF DEFENSE BASE 
                   CLOSURE AND REALIGNMENT.

       ``(a) In General.--Notwithstanding any other provision of 
     this part, the round of defense base closure and realignment 
     otherwise scheduled to occur under this part in 2005 by 
     reasons of sections 2912, 2913, and 2914 shall occur instead 
     in the year following the year in which the last of the 
     actions described in subsection (b) occurs (in this section 
     referred to as the `postponed closure round year').
       ``(b) Actions Required Before Base Closure Round.--(1) The 
     actions referred to in subsection (a) are the following 
     actions:
       ``(A) The complete analysis, consideration, and, where 
     appropriate, implementation by the Secretary of Defense of 
     the recommendations of the Commission on Review of Overseas 
     Military Facility Structure of the United States.
       ``(B) The return from deployment in the Iraq theater of 
     operations of substantially all (as determined by the 
     Secretary of Defense) major combat units and assets of the 
     Armed Forces.
       ``(C) The receipt by the Committees on Armed Services of 
     the Senate and the House of Representatives of the report on 
     the quadrennial defense review required to be submitted in 
     2006 by the Secretary of Defense under section 118(d) of 
     title 10, United States Code.
       ``(D) The complete development and implementation by the 
     Secretary of Defense and the Secretary of Homeland Security 
     of the National Maritime Security Strategy.
       ``(E) The complete development and implementation by the 
     Secretary of Defense of the Homeland Defense and Civil 
     Support directive.
       ``(F) The receipt by the Committees on Armed Services of 
     the Senate and the House of Representatives of a report 
     submitted by the Secretary of Defense that assesses military 
     installation needs taking into account--
       ``(i) relevant factors identified through the 
     recommendations of the Commission on Review of Overseas 
     Military Facility Structure of the United States;
       ``(ii) the return of the major combat units and assets 
     described in subparagraph (B);
       ``(iii) relevant factors identified in the report on the 
     2005 quadrennial defense review;
       ``(iv) the National Maritime Security Strategy; and
       ``(v) the Homeland Defense and Civil Support directive.
       ``(2) The report required under subparagraph (F) of 
     paragraph (1) shall be submitted not later than one year 
     after the occurrence of the last action described in 
     subparagraphs (A) through (E) of such paragraph.
       ``(c) Administration.--For purposes of sections 2912, 2913, 
     and 2914, each date in a year that is specified in such 
     sections shall be deemed to be the same date in the postponed 
     closure round year, and each reference to a fiscal year in 
     such sections shall be deemed to be a reference to the fiscal 
     year that is the number of years after the original fiscal 
     year that is equal to the number of years that the postponed 
     closure round year is after 2005.''.
       (b) Ineffectiveness of 2005 Round of Defense Base Closure 
     and Realignment.--Effective as of the date of the enactment 
     of this Act, any list of military installations recommended 
     for closure or realignment submitted to Congress pursuant to 
     section 2914 of the Defense Base Closure and Realignment Act 
     of 1990 shall have no further force and effect.

  The Acting CHAIRMAN. Pursuant to House Resolution 293, the gentleman 
from New Hampshire (Mr. Bradley) and a Member opposed each will control 
30 minutes.
  The Chair recognizes the gentleman from New Hampshire (Mr. Bradley).
  Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield myself 3 minutes.
  Mr. Chairman, let me start out by thanking the ranking member, the 
gentleman from Missouri (Mr. Skelton); the chairman of the House 
Committee on Armed Services, the gentleman from California (Mr. 
Hunter); the gentleman from Colorado (Mr. Hefley); the gentleman from 
Arkansas (Mr. Snyder); and all of the members of the House Committee on 
Armed Services for the defense of our Nation and for working so hard 
for our troops.
  The gentleman from California (Mr. Hunter) and the gentleman from 
Missouri (Mr. Skelton) are indeed fine leaders and it is a pleasure to 
serve under them in the bipartisan fashion that they conduct the 
committee business.
  Mr. Chairman, let me explain this amendment because the sponsors 
believe that this amendment is critical to our Nation's defense. It 
postpones the base realignment and closure process until 1 year after a 
number of studies are completed and until 1 year after the troops have 
returned home from the Iraqi theater.
  The studies in question, number one, the Overseas Base Commission 
Report, which was released on May 9, 4 days before the BRAC list came 
out, what of the 70,000 troops that are slated to return to our country 
and the 30,000 new troops that we have authorized? Where will they be 
housed, on what bases? Where will the children of these troops go to 
school? What are the MILCON expenditures likely to be that we have to

[[Page 11330]]

appropriate? We need to have those answers.
  We also need the Quadrennial Defense Review, the potential threats 
that our Nation faces, the force structure, the defense infrastructure.
  Mr. Speaker, the last QDR was completed on September 30 of 2001, so 
the Department of Defense is using outdated information, information 
that predates Iraq, predates the hostility in Afghanistan, predates the 
war on terror. The next QDR is slated to be completed this fall, too 
late for the BRAC Commission's report.
  Other studies that are necessary are the National Marine Security 
Strategy Study by the Department of Defense, as well as the Secretary's 
report assessing our Nation's military installation needs.
  Mr. Speaker, let us be extremely careful before closing 33 major 
bases and hundreds of smaller facilities that we have not undermined 
through the base closure process the security of our Nation.
  This amendment ensures that we exercise that necessary care and 
necessary restraint so important to the security of our country.
  Mr. Chairman, I yield 3 minutes to the gentlewoman from South Dakota 
(Ms. Herseth).
  Ms. HERSETH. Mr. Chairman, I thank the gentleman from New Hampshire 
(Mr. Bradley) for his leadership on this important issue.
  I rise today in support of this amendment, delaying the 
implementation of the BRAC recommendation, because it is clear that we 
need to slow this process down. Given the broad range of uncertainties 
surrounding our overall military infrastructure and operations, now is 
not the time to be shutting down domestic military installations. There 
are serious questions that need to be answered first.
  We have more than 120,000 soldiers currently deployed in Iraq and 
Afghanistan. We are planning to realign our overseas bases. We are less 
than 1 year away from completing a comprehensive Quadrennial Defense 
Review. There are simply too many moving parts and too many unanswered 
questions right now to complete this domestic BRAC round end process on 
the currently prescribed schedule and close bases here at home.
  Simply put, we need to slow the process down to ensure we do not make 
critical mistakes when we are deciding our national security and 
military strategy. These are decisions that we should make with all 
available information and we are nowhere near having all of the 
necessary information.
  Ellsworth Air Force Base in Rapid City, South Dakota, is my State's 
second largest employer and an integral part of our national defense as 
home to the 28th Bomb Wing and the B-1 Bomber. It is also scheduled for 
closure, along with 32 other major installations across the country. 
Now, inexcusably, we have yet to receive complete information regarding 
the criteria and the reasons for the Department of Defense's 
recommendations. This is true of many other installations in affected 
communities.
  Site visits by BRAC commissioners are already under way. We are only 
weeks away from the commission holding regional hearings, including one 
in Rapid City to discuss the DOD's recommendations. But neither they 
nor we have received the complete information that was used to make 
those recommendations.
  That fact alone is evidence that there is not adequate time built 
into this process and ample reason to slow the process down.
  I respectfully request every one of my colleagues, regardless of how 
your district may have been affected by DOD's recommendations, to 
support this important amendment for our national security and for 
essential fairness in the process.
  Is postponing this BRAC round a reasonable action in light of the 
fact that we as Members of Congress and every member of the commission 
lacks the information that we have identified here today, lacks the 
information underlying the DOD's analysis in their decisions? The 
obvious answer to that question is ``yes,'' it is a reasonable action. 
And the obvious vote on this amendment is a ``yes'' vote.
  Mr. HEFLEY. Mr. Chairman, I claim the time in opposition to the 
amendment.
  The Acting CHAIRMAN. The gentleman from Colorado (Mr. Hefley) is 
recognized for 30 minutes.
  Mr. HEFLEY. Mr. Chairman, I ask unanimous consent to yield 15 minutes 
of my time to the gentleman from Arkansas (Mr. Snyder), a very active 
and thoughtful member of the Subcommittee on Readiness of the Committee 
on Armed Services, for purposes of control.
  The Acting CHAIRMAN. Is there objection to the request of the 
gentleman from Colorado?
  There was no objection.
  Mr. HEFLEY. Mr. Chairman, I yield myself such time as I may consume.
  Over the past several years many Members of this body, including 
myself, have tried to delay or cancel the 2005 Base Closure Realignment 
and Closure round. Last year, in fact for a couple of years, the House 
has actually passed something to do that. And last year in the Defense 
act we passed a 2-year delay which would have required very much 
similar types of reports and so forth, which we thought was a very 
reasonable approach to give us more evidence to base our decision on.
  I think the approach the gentleman makes today is a very reasonable 
approach. And I had hopes that last year we could delay the process 
because it did not seem to me to be the time for a base closure round, 
and I used many of the same reasons that the gentleman from New 
Hampshire (Mr. Bradley) does. But I do think that last year was the 
last chance to delay BRAC.
  Unfortunately, we faced a veto threat from the President and 
opposition from the other body, and in the conference committee what we 
passed here in the House disappeared. And as I said, I think it is too 
late now. The Secretary of Defense has made recommendations for the 
base realignments and closures.
  The BRAC Commission has been appointed and has begun review of BRAC 
data. The Commission has held hearings. I think today they started 
their visits to bases around the Nation. And as the old cliche says, 
``The train has left the station.'' I think it is very difficult to 
call that train back at this stage.
  BRAC is a carefully crafted process. It was designed in time to 
ensure that base closures are made in a fair and nonpartisan manner. 
The process allows for Congress to disapprove the final BRAC 
recommendations. And while I recognize that disapproving the 
recommendations is a difficult hurdle to clear, that is our best 
remaining opportunity to terminate the BRAC process.
  The Bradley amendment before us today may be tempting to anybody who 
has a military installation in or near their district. Those who dodged 
the bullet fired by the DOD's BRAC recommendations are still at risk of 
being placed on a closure or realignment list by the Commission. Those 
who were not so fortunate face a very difficult task in trying to 
convince the BRAC Commission to remove their bases from the closure and 
reassignment list.

                              {time}  1730

  However, those tempted to support this amendment should know that it 
does have some problems.
  First, the amendment would terminate all that has already occurred 
and would restart the BRAC process at some undetermined time out in the 
future. For communities not on the DOD's BRAC list, this amendment 
would reset the process and put them through years, perhaps, of worry 
that DOD might change its mind. For communities on DOD's BRAC list, the 
Bradley amendment may spare them temporarily, but they would face the 
likelihood and perception that DOD is likely to reach the same closure 
and realignment conclusions when the round recommenced in the future. 
Such a stigma would leave those communities in a state of limbo.
  Can any of us imagine businesses investing money into a community 
around a base they almost are sure or know will be closed or realigned, 
but that lacks a redevelopment plan? For

[[Page 11331]]

such communities, the sooner BRAC is complete, the sooner they will be 
able to redevelop and attract new businesses and commerce.
  Secondly, the Bradley amendment would postpone BRAC until some 
unknown period in the future. According to the amendment, BRAC would 
restart 1 year after a number of items are completed, including the 
quadrennial defense review and the withdrawal of substantially all 
major combat units and assets from Iraq.
  Not only would this rolling delay leave all of our communities 
without any clarity when the next BRAC round will occur, but it means 
the next BRAC round could occur during an election year. We tried to 
get away from that because of the partisanship of it. Those that built 
the 2005 round of BRAC timed it carefully to ensure that Presidential 
politics or even congressional politics for that matter do not drive 
the process. So the timing would be a problem, perhaps.
  On a final note, the Bradley amendment is effectively dead on 
arrival, unfortunately. The administration threatened to veto the bill 
2 years ago, and I am sure that threat will come about again. I do not 
think the Senate is in a mood to change its mind, although that may 
have changed because of the recommendations that were made.
  Mr. Chairman, I have the greatest respect for my colleagues from New 
Hampshire and Connecticut and those who are very interested in this. 
They have the best of intentions. But with reluctance, I cannot support 
the amendment, and I encourage a ``no'' vote on it.
  Mr. HUNTER. Mr. Chairman, will the gentleman yield?
  Mr. HEFLEY. I yield to the gentleman from California.
  Mr. HUNTER. Mr. Chairman, I thank the gentleman for yielding because 
he mentioned our great colleague, the gentleman from New Hampshire (Mr. 
Bradley); and I know this is a matter of heartfelt importance to him 
and to his constituents, and to the gentleman from Connecticut (Mr. 
Simmons) and to all the Members who have bases in their districts that 
have been targeted.
  I have had bases removed from our defense complex in San Diego. I 
know what it means and how difficult it is, and I can just say that 
those constituents have had no finer representation than the people who 
are fighting for them right now. I understand this is a very difficult 
process. It is a tough one.
  We do have another, through this summer, the opportunity for 
communities to make their case with their congressional leadership to 
the base closing commission, which reports on September 5; and that is 
the course that all Members will have to take.
  It is a tough, tough call. I join with my friend from Colorado in his 
analysis of this particular situation. I think the horse is out of the 
stable at this point, and we need to move ahead with the process; but I 
want to thank everyone who is involved in this debate.
  Mr. HEFLEY. Mr. Chairman, I reserve the balance of my time.
  Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 5 minutes to the 
gentleman from Connecticut (Mr. Simmons).
  Mr. SIMMONS. Mr. Chairman, I rise in support of the amendment, and I 
thank my friend, the gentleman from New Hampshire (Mr. Bradley), for 
his leadership on this important undertaking.
  In simplest terms, this amendment simply delays the process of 
realigning and closing bases across our country until certain events 
take place and certain reports are submitted to Congress by the 
Department of Defense. And there are several important reasons why this 
should take place.
  First and foremost, Mr. Chairman, we are at war. We are at war. We 
have troops abroad fighting in Iraq and Afghanistan. We should focus 
all of our energy on supporting these troops in the field. We should 
not be distracted with the complicated burden of realigning our whole 
military base structure here at home.
  In October of 2003, I went to Iraq and learned that our troops were 
desperately in need of armor on their vehicles. One month later, the 
Secretary of the Army wrote to me and said getting armor into the field 
was a ``top priority.'' A top priority, and yet today there are tens of 
thousands of vehicles in theater that are still not armored. We should 
be spending our time, Mr. Chairman, and our money on this life-
threatening problem and not wasting time and energy and resources on 
realigning and closing bases.
  Second, the strategic environment in which we are trying to operate 
is changing. The threats from North Korea, from China, from Iran are 
rising while we are still engaged in Iraq and Afghanistan. How do we 
know what the future basing requirements will be? We do not. We do not. 
The quadrennial defense review, the last one we did, is September 2001. 
The next one due is later this year. The quadrennial defense review 
will answer the questions that we need answered before we can decide 
what our basing needs are going to be.
  Thirdly, closing bases costs billions of dollars. Not millions of 
dollars, billions of dollars. The Department of Defense cannot close or 
dispose of a property until it is properly cleaned up, but the 
investment of these cleanup dollars takes dollars away from our troops. 
That is wrong.
  Fourth, I hope that our troops overseas will not be there forever. I 
look forward to when they come home. But when will they come home? Who 
knows? Where will they go when they come home? Who knows? As for the 
Guard and the Reserve, we do know that many of them will no longer have 
a Guard or a Reserve center when they get back.
  For example, in my State of Connecticut, where I served for many 
years as a Reserve officer, they are recommending closing three Reserve 
centers and realigning the Air Guard's A-10s out of Bradley Field. Why 
is this good for morale of returning troops? It is not. Why does this 
help build the force and contribute to readiness of those Guard and 
Reserve forces still in this country? It does not.
  I know from my own service as a member of the U.S. Army Reserve that 
the location of the drill center contributes to reenlistment and 
readiness. This is why we need to slow this process down and take a 
closer look.
  Fifth, I represent the Naval Submarine Base New London located in 
Groton, Connecticut, the submarine capital of the world. Working with 
our friends around the country, we design, develop, build, maintain, 
base and deploy the best submarines in the world. The synergy between 
those who design and build submarines and those who drive them is 
critical to our national security.
  One of the BRAC principles requires ``access to logistical and 
industrial infrastructure capabilities optimally integrated into a 
skilled and cost-efficient industrial base.'' This synergy is just what 
we have between this submarine base and Electric Boat, which designs 
and builds these submarines. Yet the Department of Defense is violating 
its own principles for BRAC in making a recommendation to close the 
base.
  Close the submarine base in Groton is kind of like taking cars out of 
Detroit. Decisions of this magnitude require time and study, and yet 
the Department of Defense has delayed release of vital data in support 
of their decision, making it impossible for us, the defense 
communities, to respond to these decisions in a timely manner. I still 
do not have the data that was used in their decisions, and yet the BRAC 
committee will be going up to Groton New London on the 31st of this 
month. We need additional time, Mr. Chairman, to make reasonable 
judgments.
  We, as Members of Congress, have the responsibility under article 1, 
section 8 to provide for the common defense. Let us accept these 
responsibilities. Let us support the Bradley amendment.
  Mr. SNYDER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I too want to join in commending the gentleman from New 
Hampshire (Mr. Bradley) for his zealous advocacy on behalf of our men 
and women in uniform and on behalf of the national defense of this 
country. We have served together on the Committee

[[Page 11332]]

on Armed Services, and he is a great, great member.
  One of the problems that we have with base closure is we are not 
talking about bad bases. We are not talking about bases that are not 
achieving good things on behalf of America. We are not talking about 
bad workers that are somehow not cutting it. We are talking about 
wonderful people working at great and historic places that have been a 
vital part of the national security of our country. The problem is, the 
world has changed and our military must be leaner and smarter and save 
money to prepare for the future.
  During the Committee on Armed Services markup, we had two different 
amendments on BRAC, one to eliminate it and one to delay it. The vote 
on the amendment to eliminate it was eight people for it and 50 against 
in the Committee on Armed Services. On the one to delay it, there were 
10 votes in support of it and 47 against. Also, the chairman, the 
gentleman from California (Mr. Hunter), and the ranking member, the 
gentleman from Missouri (Mr. Skelton), are in opposition to this 
amendment, as they were during the committee markup.
  Now, why is that? The issue that we have here is this is not a good 
process to go through, and the gentleman from Connecticut and New 
Hampshire make good points about wanting additional information and 
would like to have additional time. The problem is, we cannot take a 
time out. The United States cannot declare and say, Time out. We need a 
couple, 3 or 4 years to go through finding the most efficient way of 
delivering our national security. The world does not work that way. 
There will never be a good time to do something like this.
  As the gentleman from Colorado (Mr. Hefley) pointed out, we have 
already had a considerable amount of effort put into coming up with the 
process thus far. That money will be wasted if we were to delay this 
further.
  I think it also bears repeating, in reflection on the fact that the 
supporters of base closure have been bipartisan, both the Clinton 
administration and the second Bush administration have been in support 
of another round of base closures. When we look at the numbers of 
former Secretaries of Defense and former chairmen of the joint chiefs, 
they have been in support of another round of base closures.
  And it is not just closure; it is realignment. It is shifting things 
around to modernize the military and to prepare for the efficiencies of 
the future. If we delay 1 year or 2 years or 3 years, it delays the 
savings that can come from a realignment and closure. Obviously, the 
American people expect us as lawmakers to administer government 
efficiently.
  Probably the biggest concern I have, as someone who also has 
facilities in my district and in our State, we know the turmoil that 
communities go through. This will prolong that turmoil were we to adopt 
this amendment and delay it. So I strongly recommend a vote against 
this amendment. Let the process proceed in a very fair manner over the 
next 4 or 5 months.
  Mr. Chairman, I reserve the balance of my time.
  Mr. BRADLEY of New Hampshire. Mr. Chairman, it is with great pleasure 
that I yield 2 minutes to the gentlewoman from West Virginia (Mrs. 
Capito).
  Mrs. CAPITO. Mr. Chairman, I thank the gentleman from New Hampshire 
for yielding me this time, and I appreciate his efforts on this 
important issue.
  Mr. Chairman, I rise today in strong support of the Bradley amendment 
to delay the 2005 round of base closings and realignment because of 
questions involving these decisions, the timing, and also the way it is 
affecting my State.
  The BRAC recommendations released by the Secretary of Defense include 
the removal of eight C-130 aircraft from the 130th Airlift Wing in 
Charleston, West Virginia. That means taking all the aircraft out. Do 
you have an air base without aircraft? I do not believe so. This 
removal will cost hundreds of jobs in the Kanawha Valley. The loss of 
the C-130s will strip the 130th of its primary mission, and it will 
hurt the West Virginia National Guard that responds to natural 
disasters in our State quite frequently and also inhibits their 
important mission in training and readiness.
  The 130th Airlift Wing has a long reputation as one of the Nation's 
elite National Guard units. They have served in the first Gulf War, 
Kosovo, Afghanistan, and are currently in Iraq. They have demonstrated 
a commitment to service and sacrifice made by thousands of West 
Virginians and their families.
  Despite adding four new units, the 130th is at 104 percent strength. 
The unit has a retention rate of nearly 97 percent, fifth best in the 
Nation. The National Guard Association has consistently ranked the 
130th as one of the best units in the country. These are not the 
rankings of a unit that should be realigned.
  The Bradley amendment to delay BRAC is the correct approach because 
the additional time will allow the Department of Defense and the BRAC 
Commission to gather accurate information about the bases they are 
closing and realigning.

                              {time}  1745

  In West Virginia's case, the Department of Defense makes the 
incorrect assertion that Yeager Airport is only large enough for eight 
C-130s, when it can already accommodate 14 C-130s, and they are making 
accommodations to accommodate up to 26 C-130s.
  I ask my colleagues to join me in supporting the Bradley amendment to 
allow a comprehensive look at our defense needs prior to the closing of 
these important facilities.
  Mr. HEFLEY. Mr. Chairman, I reserve the balance of my time.
  Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 2 minutes to the 
gentleman from Maine (Mr. Allen).
  Mr. ALLEN. Mr. Chairman, I thank the gentleman for yielding me this 
time.
  Mr. Chairman, I rise in support of 
the Bradley-Herseth-Simmons-Allen amendment to postpone the base 
closure process. Why are we closing military installations when we are 
at war? Why are we building new bases in Iraq while closing them in 
America? Will our troops in Iraq and Afghanistan have the right 
facilities to come home to?
  These are the questions my constituents are asking. I do not have 
good answers, but neither does the Pentagon. This BRAC was formulated 
in 2001 before September 11 and before our occupation of two countries. 
The world has changed, but the process has not.
  The Pentagon says it wants to bring home 70,000 troops, but the 
Overseas Basing Commission has found that the massive realignment of 
forces requires that the pace of events be slowed and reordered.
  This validates our concern that this BRAC is the wrong process at the 
wrong time. If we do not do this right, our Nation risks losing key 
assets that can never be reconstituted, like the nuclear shipyard in 
Kittery, Maine. We jeopardize our security if we close infrastructure 
before we first come to consensus on an overall defense and homeland 
security strategy.
  Our amendment puts the horse where it belongs, before the cart. It 
requires implementation of the Overseas Basing Initiative, the 
Quadrennial Defense Review, the National Maritime Security Strategy and 
the Homeland Defense and Civil Support Strategy before BRAC takes 
effect.
  It is the right process, and I urge my colleagues to vote ``yes'' on 
the Bradley amendment.
  Mr. SNYDER. Mr. Chairman, I reserve the balance of my time.
  Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 3 minutes to the 
gentleman from Texas (Mr. Paul).
  Mr. PAUL. Mr. Chairman, I rise in strong support of this amendment.
  Some Members wonder why I would support this amendment, considering 
the fact that I am the most fiscally conservative Member of Congress 
and vote for the least amount of spending. But I think this amendment 
is a good amendment, and I think the closing of these bases represents 
bad policy. I do not have a base in my district that is being 
threatened to be closed.
  Let me tell Members why I think this is a mistake. First, I think the 
process

[[Page 11333]]

is very poor. I think we are ducking our responsibility. To turn this 
responsibility over to a commission and duck the responsibility of 
facing up to making tough decisions, I think, is something we do too 
often. Too often in the Congress, we do things we should not be doing, 
and we forget to assume the responsibilities we have. In this case, I 
think we are not assuming the responsibility to face up to making this 
tough decision.
  It is claimed we will save $5 billion a year on base closings. We 
spend $5 billion a month in Iraq. We are spending nearly a billion 
dollars in building an embassy in Iraq. We are going to build four 
bases in Iraq that are going to be permanent, costing tens of billions 
of dollars. I think we have our priorities all messed up.
  I think that it makes a lot more sense to keep a submarine base in 
Connecticut and keep a deep seaport in Ingleside, Texas, than it does 
to be closing these down and at the same time building bases up around 
the world.
  I think the savings issue is a red herring. Between 1995 and 2001, 
the last base closing, $6.5 billion was spent, and $6.1 billion was 
saved. So we are spending more money than we are saving in closing down 
these bases.
  I have a quote here I want to read; it comes from a think tank, one 
of the defense policy think tanks. This to me is important. ``The big 
story here is not going to be saving money; the big story is going to 
be preparing the force for future threats by moving it to more logical 
locations.'' In other words, defending our borders, protecting our 
homeland, worry about defending this country is less important than 
spreading our troops and protecting the empire and expanding the empire 
and exposing us to greater danger.
  This is an issue of policy. This is an issue of process, and this is 
a red herring when you think you are saving money. We are not going to 
be saving money in this process. We are just going to be giving an 
excuse to build bases around the world.
  This is the time that we ought to reassess our policies and how we 
spend our money. This is why a 1-year delay is a perfect time to take 
time, stand back and figure out when we are going to get our troops 
home, when are we going to have a defense policy that defends this 
country and our borders rather than spreading ourselves so thinly 
around the world and building huge bases in foreign lands.
  That, to me, is the real issue. I hope we take deep consideration and 
support this amendment.
  Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 2 minutes to the 
gentleman from Mississippi (Mr. Taylor).
  Mr. TAYLOR of Mississippi. Mr. Chairman, if you were to travel to 
North Carolina today, you would find the Navy out trying to buy 35,000 
acres of land. Once they buy it, they have to get the environmental 
permits. Once they do that, they are going to bulldoze the woods and 
build a runway. After they build a runway, they build a firehouse. 
After they build a firehouse, they build the enlisted barracks. After 
that, they build the married housing. After that, they will have to 
have mess halls, a clinic, golf course, tennis courts, swimming pools, 
all of the things that people in uniform deserve.
  They had all of those things. It is called Cecil Field. They had 
three 8,000-foot runways and a 10,000-foot runway. It had world-class 
dining facilities, world-class barracks and world-class family housing. 
It was already paid for by the American taxpayer, and they shut it down 
in a previous round of BRAC.
  If Members need one word, or two words, to tell you why we do not 
need another round of BRAC, it is Cecil Field.
  Right now, the Navy has to have a place to put their F-18E and Fs 
when they come off the carriers. Cecil Field would have been the 
perfect place, but no, because it was closed and the property was given 
away. And before we gave it away, we had to clean it up environmentally 
at no telling how many billions of dollars.
  So before we closed it and gave it away, just to replace it by 
building it someplace else, maybe we should not make that mistake 
again. Maybe the people who are given the constitutional responsibility 
to provide for the common defense, who every 2 years go out and beg for 
this job, which entails the constitutional responsibility to provide 
for the common defense, maybe we ought to make that call and maybe we 
should not rush into more bad judgments like Cecil Field.
  Last year, this House by over a 100-vote margin passed the 2-year 
delay to BRAC. Now we have even more troops coming home from Korea and 
Iraq. We have agreed finally to grow the Army and the Marine Corps. 
Where are we going to put these folks if we are closing bases? And how 
many more mistakes like Cecil Field are we going to rush into just for 
the sake of doing something, even if it is wrong?
  Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 1 minute to the 
gentleman from New Jersey (Mr. Holt).
  Mr. SNYDER. Mr. Chairman, I yield 1 minute to the gentleman from New 
Jersey (Mr. Holt).
  Mr. HOLT. Mr. Chairman, I thank the gentleman for offering this 
amendment, and I rise in support of it.
  We could go through a list of all of the problems that will be 
created, but let me just paint a picture here. At Fort Monmouth in New 
Jersey, there are really the best people in the world, mostly 
civilians, engineers, scientists, procurement specialists, providing 
communications, surveillance, tracking friendly forces and unfriendly 
forces, providing equipment, services, software that men and women in 
the field in Iraq and Afghanistan need and use every day. Thousands of 
jobs will be sent elsewhere.
  Now picture this: A commander in Iraq places an emergency call back 
to the U.S. The insurgents have changed the electronics in the roadside 
bombs, the IED devices, and they need new electronics to detect and 
disarm them. The reply, ``I am sorry, that guy does not work here 
anymore. We are in the middle of realignment and we have not hired his 
replacement yet.''
  Repeated 5,000 times, ``That guy does not work here anymore,'' that 
is what is at stake here. The gentleman from Arkansas says there is 
never a good time, there are no bad bases; this is a terrible time.
  I can talk about the economic impact of moving jobs away from Fort 
Monmouth or to some other place. That is not the point. There are 
soldiers in the field. We are to look after their safety and 
effectiveness. The Secretary of the Army himself said before the BRAC 
Commission this past week that they have concerns whether those 
civilians, those experts with security clearance, with advanced 
degrees, with specialties, will make the move. How many years of 
reduced capability can we tolerate while we have men and women in the 
field?
  This is a terrible time to proceed. Let us admit that we have gotten 
off on the wrong track, slow it down and look after the interests of 
the people in the field.
  Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield the gentleman 
from New Mexico (Mr. Udall) 2 minutes.
  Mr. UDALL of New Mexico. Mr. Chairman, first of all, I thank the 
gentleman from New Hampshire (Mr. Bradley) for his hard work on this 
important issue and support the amendment today.
  This amendment simply postpones the implementation of the Pentagon's 
BRAC recommendations until we have a more thorough inventory of our 
military assets and priorities. This is entirely appropriate and 
necessary, considering the number of operations our Armed Forces are 
currently engaged in around the world.
  As we have heard, we are at war. I have great concern about the 
Pentagon's ability to adequately assess our needs and assets while 
there are so many soldiers abroad and while the Pentagon awaits 
recommendations and reviews pertaining to almost all of its branches of 
service.
  My concern about the Pentagon's ability to adequately assess their 
needs is further heightened by their recommendation to close Cannon Air

[[Page 11334]]

Force Base. This recommendation demonstrates to me that they have 
failed to adequately collect and interpret the facts. Cannon Air Force 
Base is the home of the 27th Fighter Wing and offers the Air Force and 
its pilots unrestricted air space and bombing ranges in which to train 
just off the runways. This is a rarity in today's Air Force as more and 
more bases experience increasing encroachment. Cannon has zero 
encroachment.
  In addition, the Pentagon did not take into account the New Mexico 
Training Initiative, which is expected to be approved soon. This 
initiative would make Cannon's air space wider and taller and allow for 
training at supersonic speeds, another rarity today.
  If we lose this air space, we lose it forever. I urge my colleagues 
to support the Bradley-Herseth amendment.
  Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 2 minutes to the 
gentleman from Maine (Mr. Michaud).
  Mr. MICHAUD. Mr. Chairman, I rise in strong support of the Bradley 
amendment. I do not believe that the Department of Defense's BRAC 
recommendations were based on facts and future threats, and I believe 
this amendment is critical to ensuring that we understand the security 
environment in which we are making BRAC decisions.
  The Department of Defense's recommendations continue an irrational 
and dangerous assault on New England that would leave it as an 
undefended region of our Nation.

                              {time}  1800

  The proposals would close the best performing shipyard in the 
country, Portsmouth Naval Shipyard, a facility that actually saves the 
Navy money by completing its work ahead of schedule and under budget. 
They would realign Brunswick Naval Air Station, the last active 
military airfield in the Northeast, despite being described as critical 
to our national security by the Department of Defense. And they would 
close one of the most cost-efficient and innovative facilities in the 
Defense Finance and Accounting Service system located in Limestone, 
Maine.
  Worst of all, the BRAC Commission and the affected communities do not 
even have the detailed information used by the Department of Defense to 
formulate their proposal. The delay by DOD in releasing the data to the 
BRAC Commission and local communities is an outrage. It calls into 
question the credibility of the process. And from reviewing the limited 
information that DOD has submitted, it turns out that some of the data 
used by DOD is actually inaccurate. BRAC is not an experiment for 
testing theories. Once we lose these assets, we cannot bring them back.
  Mr. Chairman, our national security is at stake. We must move 
cautiously when we use these facts to justify our actions, and we must 
allow the critical actions outlined in this amendment to take place to 
make sure we understand our future threats before we close any of our 
key military assets.
  I urge my colleagues to support this amendment.
  Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 1 minute to the 
gentleman from New Jersey (Mr. Pallone).
  Mr. SNYDER. Mr. Chairman, I yield 1 minute to the gentleman from New 
Jersey (Mr. Pallone).
  The CHAIRMAN. The gentleman from New Jersey is recognized for 2 
minutes.
  Mr. PALLONE. Mr. Chairman, let me say that I very much support the 
Bradley amendment. At a time when American troops are dying on a daily 
basis in Iraq, we simply cannot afford to disrupt the military 
framework that our soldiers rely on every day to help them in their 
mission and to keep them alive.
  I want to say last week I listened to the BRAC hearings and I saw the 
commissioners ask many questions related to the fact that our military 
are now in combat. The Pentagon could not answer many of the more 
important questions that were asked by the BRAC commissioners. This was 
not the case in previous BRAC rounds. I have been here since 1988, and 
I have now been through three or four BRAC rounds. The fact of the 
matter is there were many unanswered questions regarding the future of 
our military, and it is simply not the right time to be shutting down 
military facilities here at home. If you listened to the BRAC last week 
and you listened to the questions, you could see why in fact the 
Bradley amendment makes sense.
  I want to mention one thing about my base, Fort Monmouth, that was 
mentioned already by the gentleman from New Jersey (Mr. Holt). What 
many people do not realize, and I will use Fort Monmouth but it could 
be any base, in the case of Fort Monmouth, though, we have people on a 
daily basis, soldiers in the field and their commanders that will call 
back and ask for a particular type of communications or electronic 
equipment that may have to be altered in a matter of days or a number 
of weeks in order to be able to be prepared for combat, to defend the 
soldier in the field, to make sure that they are not wounded, to make 
sure that they are adequately prepared for combat.
  Imagine a situation where in the course of the next 2 or 3 years, 
that research and development, that operation, that communication, 
electronics function, is transferred to another location and all that 
science and all that engineering background is lost. It would be very, 
very difficult to operate and make sure that that soldier in the field 
is properly equipped and is able to deal with that particular situation 
that he or she may face on a daily or weekly basis. That is why it does 
not make sense to do this in time of war.
  Support the Bradley amendment.
  Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 1 minute to the 
gentlewoman from Wisconsin (Ms. Moore).
  Ms. MOORE of Wisconsin. Mr. Chairman, I would like to associate 
myself with the many sage comments of supporters of this amendment. The 
gentleman from Colorado has opined that the BRAC Commission would reach 
the same conclusion if we were to grant this extension. I really 
question that. Since we are at war, we have engaged in two wars since 
the BRAC Commission was last considering these bases, we have had many 
humanitarian requests for assistance. Our men and women in uniform have 
been stretched thin all across this country and throughout the world.
  Mr. Chairman, I would ask that we support the Bradley amendment 
because I believe that a comprehensive examination of our future 
defense needs, our potential threats, have not been adequately 
reviewed.
  Mr. HEFLEY. Mr. Chairman, I yield 1 minute to the gentlewoman from 
New Mexico (Mrs. Wilson).
  Mrs. WILSON of New Mexico. Mr. Chairman, I thank the gentleman from 
Colorado for yielding me this time. I thank the gentlemen from New 
Hampshire and Connecticut for their leadership on this issue.
  The Base Realignment and Closure Commission is starting its visit to 
America's bases today and many of our communities do not have the data 
or the analysis to be able to explain where they are wrong. That is not 
fair. We are expanding the Army and the Marine Corps by 39,000 troops 
over the next 3 years and bringing back 70,000 troops and their 
families from overseas. We are fighting a war 6,000 miles from home and 
about to go through a quadrennial defense review to restructure our 
forces and changing around the organization of the entire United States 
Army. BRAC was a bad idea when we started it, and it is an even worse 
idea today.
  I encourage my colleagues to vote in favor of the amendment.
  Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield 1\1/2\ minutes to 
the gentleman from New York (Mr. Crowley).
  Mr. CROWLEY. Mr. Chairman, I thank the gentleman from New Hampshire 
for yielding me the time and for his leadership here. I thank all of 
those who are participating in this evening's debate.
  Mr. Chairman, I rise today to speak in strong support of the Bradley/
Simmons/Herseth/Allen amendment to postpone the base realignment and 
closure. This amendment will force the

[[Page 11335]]

Department of Defense to postpone BRAC for 1 year until more 
information is out there. I believe it is imperative to have a real 
discussion of this issue before the closures begin.
  The amendment would postpone the BRAC recommendations until 1 year 
after the last of the following actions occurs: the recommendations of 
the Commission to Review of Overseas Military Facility Structure are 
implemented by the Secretary of Defense; a substantial number of 
American troops return from Iraq as determined by the Secretary of 
Defense; the House and Senate Armed Services Committees receive the 
quadrennial defense review; the national maritime security strategy is 
implemented; and the homeland defense and civil support directive is 
implemented.
  While I do not have any bases in my district, I recognize the 
devastation too many of my colleagues' districts who have bases will 
incur by the closure of those bases. In today's environment of job loss 
all around the country, many of these towns that depend on the military 
bases for their livelihoods will be simply devastated if these bases 
were to close. Before the Department of Defense closes bases, they need 
to keep in mind what the closure will do to the communities that have 
been supportive of our military for many, many years. I urge all of my 
colleagues to support this amendment to make sure we have all the facts 
before us before this process moves any further forward.
  Mr. SNYDER. Mr. Chairman, I yield 3 minutes to the gentleman from 
Ohio (Mr. Kucinich).
  Mr. KUCINICH. I want to thank the gentleman from Arkansas for 
yielding me this time.
  Mr. Chairman, I rise in strong support of the Bradley amendment 
because my hometown, Cleveland, is losing 1,100 jobs. The Defense 
Finance and Accounting Service, DFAS, which is the fourth largest 
employer in Cleveland, is shifting these jobs to DFAS facilities in 
Columbus; Denver, Colorado; and Indianapolis. The NASA Glenn Research 
Center will also lose 50 civilian military research jobs as a part of 
BRAC. The Army research laboratory at Glenn is losing the vehicle 
technology directorate. And, finally, the Navy Corps Reserve Center in 
Cleveland will close and lose 25 jobs.
  The Secretary of Defense is required to consider the economic impact 
on existing communities in the vicinity of military installations. In 
this case, the Department of Defense erroneously states that a 0.1 
percent job loss in the Cleveland metropolitan statistical area has 
minimal economic impact. However, the Department of Defense failed to 
take into account the current economic position of the Cleveland area.
  Cleveland has been labeled as the poorest city in the country today. 
Its poverty rate of 31.3 percent is the highest in the Nation, 
according to the most recent Census Bureau data from 2003. Cleveland's 
number one ranking in poverty rate results from the significant job 
losses in the steel and manufacturing industries over the past several 
decades.
  These job losses continue. For example, the current 2006 budget 
recently passed by Congress would slash up to 700 high-paying Federal 
jobs at the NASA Glenn Research Center. The economy around Cleveland is 
stagnating. It is inconceivable that the Department of Defense thinks 
that 1,100 more job losses will not have a major impact on the city of 
Cleveland.
  If the process used to cut these jobs is flawed, I have no choice but 
to vote for a fix to disable the BRAC process.
  Mr. HEFLEY. Mr. Chairman, I yield 2 minutes to the gentleman from 
Georgia (Mr. Gingrey).
  Mr. GINGREY. I thank the gentleman for yielding me this time.
  Mr. Chairman, I rise today in strong support of the Bradley amendment 
that would postpone the BRAC recommendations until 1 year after several 
important actions by the Department of Defense occur, including the 
recommendations of the Review of Overseas Military Facility Structure 
are implemented by the Secretary of Defense and the Armed Services 
Committees receive the quadrennial defense review. These are important 
and very telling studies that have not yet been completed that will 
give us in Congress a much clearer picture of our military's future 
landscape and needs.
  For example, Mr. Chairman, I just returned a few moments ago from my 
district where I had the pleasure of meeting one of the nine BRAC 
commissioners as he toured Naval Air Station Atlanta in my district. 
While we were there, a comment was made that the commander of the 
facility would like to have rolled out the 40-plus planes, Humvees, and 
Cobra helicopters on the tarmac for review, but they are all deployed 
in the war on terror. Mr. Chairman, the DOD has recommended that these 
assets be realigned elsewhere. Yet I am concerned that proper due 
diligence has not been paid to consider the overall force structure 
needs of the military, the very purpose of the QDR that will not be 
completed for months.
  If BRAC is to occur, I believe that it can be carried out in a much 
more effective manner once we have a better idea about what the future 
holds.
  Mr. SNYDER. Mr. Chairman, I yield 1 minute to the gentlewoman from 
South Dakota (Ms. Herseth) who is one of the cosponsors of the 
gentleman from New Hampshire's amendment.
  Ms. HERSETH. I thank the gentleman for yielding me this time.
  Mr. Chairman, I would just like to echo the comments made by the 
gentleman from Texas (Mr. Paul) a little bit ago. It has been about a 
year since I came to Congress to represent South Dakota. This is one of 
those instances in which we do have time to do the right thing. We can 
take a step back and take a breath and realize that the train has not 
left the station and the growing frustration of Members of this body as 
you can see from the testimony offered today is about whether or not we 
have complete information for us to make wise and prudent decisions and 
for the commission to make wise and prudent decisions. And we can learn 
from the lessons of what is happening with our overseas Base 
Realignment and Closure Commission when they released major conclusions 
and recommendations on May 9, only 4 days before the BRAC list was 
released.
  According to that report ``the detailed synchronization required by 
so massive a realignment of forces requires that the pace of events be 
slowed and reordered. That is precisely what the Bradley amendment is 
requesting to do, an action this body has taken before.
  Again, I encourage my colleagues to vote ``yes'' on the Bradley 
amendment.
  Mr. HEFLEY. Mr. Chairman, I yield 1 minute to the gentleman from 
Texas (Mr. Conaway), a member of the committee.
  Mr. CONAWAY. I thank the gentleman from Colorado for yielding me this 
time and appreciate this opportunity, Mr. Chairman.
  I want to speak against the Bradley amendment. Many of my colleagues 
have stood at these microphones this afternoon and said it is our 
responsibility as Members of this House to perform this function. I 
would respectfully disagree with that. No one member of this committee 
could speak or vote to close a facility in their district.

                              {time}  1815

  I represent a community that has a base that was not on the list, and 
the euphoria of that day would be lost if we have to put that community 
back through this process over again.
  All of the communities affected have an opportunity to present their 
best foot forward through the BRAC Commission's visits. The gentleman 
from Georgia has already said he met with one of the members of the 
BRAC Commission on that base that was affected today. That process will 
go on. Those communities will be able to demonstrate to the Commission 
that the criteria were improperly applied to their bases and present 
their case for keeping those open.
  So I respectfully disagree with the Members who have spoken in favor 
of the amendment and ask my colleagues to vote against the Bradley 
amendment.
  Mr. HEFLEY. Mr. Chairman, I yield myself such time as I may consume.
  It will not be much time because we are coming to the end of this. I 
just

[[Page 11336]]

want to say this. I think we have heard some excellent debate here this 
afternoon, and the arguments have been very good, mostly in favor of 
the Bradley amendment and very positive. And if I thought it was 
possible for us to get from here to there in a reasonable manner, as 
those who serve on the Committee on Armed Services with me know, I 
would be very sympathetic with the Bradley amendment.
  The gentleman from New Hampshire (Mr. Bradley) and the gentleman from 
Connecticut (Mr. Simmons) and the gentleman from Mississippi (Mr. 
Taylor) particularly serve on the Committee on Armed Services. I serve 
with these gentlemen on the Committee on Armed Services. They are fine, 
decent, hard-working, thoughtful members of the committee that are 
valued by, I think, all of their colleagues on that committee.
  And I got to thinking about this as we have approached this day, if 
anyone could have kept those bases of theirs off the list, they would 
have been able to do it because they have that kind of respect. But the 
gentleman from Texas made the point that the way the BRAC situation is 
set up is to take us out of that formula at this stage and to let the 
Department of Defense and then the Commission do their work. Once the 
Commission gets started, we can get back into it and do whatever we can 
do to do that, but it was designed to take politics out of it.
  So the people who try to make a political issue out of someone's base 
closing, I think, are making a very bad mistake and are fooling the 
American public.
  And we see this from both sides going on, rushing to say, oh, my 
gosh, if someone else had been there. No, that is not the case. This 
should not be a political issue; this should be a national defense 
issue. It should be evaluated based upon the need to defend this 
country. And we will have disagreements about what is needed and what 
is not needed, but that is what it should be based on. It should not be 
political.
  I commend these gentlemen and all those who have spoken. They did an 
excellent job.
  But I encourage people, reluctantly, not to support the Bradley 
amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. SNYDER. Mr. Chairman, I yield myself such time as I may consume.
  I will be brief here. I once again want to commend the gentleman from 
New Hampshire (Mr. Bradley) for the work he does on behalf of our 
country and on national security. He is a great member of the 
committee.
  I would like to restate two points. First of all, there is never a 
good time to do a round of base closure. The United States cannot say, 
let us take a break here for a few years, let us just stop having 
conflict, let us let the tension go away so we can all work this out on 
our time schedule.
  It is not going to work that way. The world has never worked that 
way. There is never a good time. This is the time, and the process 
needs to move forward.
  For those Members who are watching in their offices and who follow 
the committee process, the Committee on Armed Services dealt last week 
with two different amendments to either eliminate or delay the BRAC 
process, and the vote on one was 8 in support, 50 against. The other 
one was 10 in support and 47 against.
  The committee now recognizes, as has been the gentleman from 
Colorado's (Mr. Hefley) metaphor, The horse is out of the barn, and the 
opposition to this amendment includes the gentleman from California 
(Chairman Hunter) and the gentleman from Missouri (Mr. Skelton), the 
ranking member.
  With that, I recommend a ``no'' vote on the gentleman from New 
Hampshire's (Mr. Bradley) amendment.
  Mr. Chairman, I yield back the balance of my time.
  Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield myself such time 
as I may consume.
  First of all, I would like to commend my colleague from Arkansas and 
my colleague from Colorado for the very courteous way in which they 
have conducted this debate, allowing those of us who did not have 
adequate time to speak to be able to do so tonight.
  Mr. Chairman, I believe that we must be very cautious before reducing 
our Nation's industrial base capability and base capacity. Many of the 
33 bases are irreplaceable national security assets. For instance, the 
nuclear license facility in my area, the Portsmouth Naval Shipyard, it 
will never be recreated again if closed. The Portsmouth Naval Shipyard 
has served our Nation well for 200 years and saves taxpayers millions 
and millions of hard-earned dollars while returning our Nation's 
nuclear submarines to the water ahead of schedule.
  Mr. Chairman, we all know that our Nation is fighting a war on 
terror. It began on a fateful morning in September 3\1/2\ years ago. 
Let us be careful before we close irreplaceable national security 
assets that we will not have the ability to recreate without either 
huge expense or local opposition.
  This amendment appropriately delays that process, enables our Nation 
to study that process so that we can best defend ourselves from the 
threats to our national security.
  I urge my colleagues to vote for the Bradley amendment.
  Mr. LARSON of Connecticut. Mr. Chairman, I rise today in strong 
support of the Bradley amendment to H.R. 1815 to postpone the 2005 Base 
Realignment and Closure (BRAC) recommendations until Congress receives 
critical reports from the Overseas Basing Commission and the 2005 
Quadrennial Defense Review.
  Quite simply, this is the wrong process at the wrong time. Even as 
100,000 of our men and women are in uniform are serving overseas in the 
Middle East and our armed services continue to miss their recruiting 
goals, this Administration has rushed forward with a plan that closes 
33 major bases across the country. We should not be closing and 
consolidating bases and infrastructure here in the states now, when in 
another 2 years we may be bringing a significant amount of troops and 
equipment back from Europe and other forward deployed locations and we 
would have to spend more money again to reopen or recreate space for 
them.
  Since the Pentagon released their recommendations on May 13, the BRAC 
commission has moved swiftly forward with its job. Yet even as BRAC 
begins to hold regional hearings and site visits as early as next week, 
the Pentagon has yet to release the detailed and facility specific 
information that was used to formulate their recommendations.
  The BRAC process has the potential to drastically impact communities 
surrounding facilities slated for closure or realignment, and it is 
vital that this process be as open and opaque as possible. However, if 
the department continues to delay the release of this information, 
these same communities will be unable to asses or challenge the 
Pentagon's recommendations in the limited time they have remaining.
  Anyone familiar with the 103rd Fighter Wing at Bradley, the Sub base 
in New London, and the assets both bring to our national defense are at 
a loss to explain these recommendations. The 103rd calls home an 
international airport with the capability and resources to host a range 
of aircraft, large and small--including Air Force One. Yet, the 
Pentagon apparently deemed Bradley unable to retain their current 
aircraft or take on more. In New London, one finds incredible and 
dynamic synergy between the base, the Sub School and an industrial base 
capable of manufacturing and repairing today's most advanced vessels. 
Yet, the birthplace of the modem submarine service was unable to garner 
enough military value points in the Pentagon's review to stay off the 
BRAC list.
  Were other options explored? How did each score in critical 
evaluation areas? Did the Pentagon accurately asses both bases and 
their capabilities? Will leaving the state, like several others, 
without a flying unit affect recruiting and retention for the Air 
National Guard? These are all questions that hold the key to the future 
of the ``Flying Yankees'' and the Sub base--questions that cannot be 
answered until the Pentagon levels with us and countless other bases 
around the country facing the same delay.
  I sincerely hope that there is no agenda behind this delay. But the 
clock is ticking and deadlines are fast approaching. Next week, four 
commissioners will visit the New London Submarine base without ever 
seeing the facility specific data that led to its recommended closure. 
And, in little over a month, Connecticut will have the opportunity to 
present its

[[Page 11337]]

rebuttal to the recommendations to the commission. The submariners, 
airmen and communities affected deserve the most thorough and extensive 
review possible because once these recommendations are implemented, 
they can never be undone.
  There is no doubt that Connecticut was hit hard by BRAC, but this is 
not a political or parochial issue. This is an issue of ensuring the 
best possible defense of our Nation, and the best possible resources 
for our men and women in uniform. But neither this Congress, nor the 
BRAC Commissioners, can make a judicious and thoughtful review of these 
recommendations with the lack of data and shortened timeframe we now 
face.
  In 2002 I voted in the Armed Services Committee to repeal the BRAC 
process outright, and again in 2003 to postpone it for 2 more years, 
because I have felt all along that the process had serious flaws. 
However, there is still time to put on the brakes before we reach the 
point of no return. That time is now. I urge my colleagues to support 
this amendment.
  Mrs. JONES of Ohio. Mr. Chairman, I thank my colleagues on both sides 
of the isle for their leadership on this issue and I rise in support of 
the Bradley/Simmons/Herseth/Allen amendment to the National Defense 
Authorization Bill.
  Mr. Chairman, why are we proposing base closures during a time of 
war? This BRAC round should be delayed until the recommendations of the 
Review of Overseas Military Facility Structure are implemented by the 
Secretary of Defense, a substantial number of American troops return 
from Iraq, the House and Senate Armed Services Committees receive the 
quadrennial defense review, the National Maritime Security Strategy is 
implemented, and the Homeland Defense and Civil Support directive is 
implemented. It is important that these issues be addressed before 
implementing the BRAC process because once a base is closed, it can 
never be reopened.
  In the 11th Congressional District and in Northeast Ohio, over 1100 
jobs will be lost through the BRAC process. These job losses will have 
a tremendous economic impact on the City of Cleveland, which has been 
named ``The Most Impoverished City'' in the country. Now is simply not 
the time for BRAC; in Cleveland or around the country.
  Communities affected by the BRAC process are going to be hit with a 
double whammy--once when the base closes and the military leaves town, 
then again when the Defense Department leaves an environmental mess 
behind: unexploded bombs, chemical contamination, and environmental 
toxins.
  I believe we need to address the environmental and redevelopment 
issues pending from previous rounds before initiating another round of 
BRAC closings. According to the General Accountability Office, 28 
percent of the bases closed in previous BRAC rounds have still not been 
transferred, which means about 219 square miles of property are sitting 
unused.
  Mr. Chairman, I realize the importance of the BRAC process, however, 
now is simply not the time for it. I commend my Colleagues Stephanie 
Herseth and John Thune for introducing legislation to address this 
issue. I support this amendment.
  Mr. HOLT. Mr. Chairman, I rise today in strong support of the 
amendment to the Fiscal Year 2006 Defense Authorization bill offered by 
the gentleman from New Hampshire, Mr. Bradley. Like my friend from New 
Hampshire, I believe that the current BRAC round should be delayed and 
the process re-evaluated. Let me explain why.
  At the BRAC hearing on May 4, BRAC Commission Chairman Anthony 
Principi and several other Commissioners asked Defense Department 
witnesses whether they had taken into account the need to house troops 
returning from Europe and other overseas locations as part of the BRAC 
evaluation. The Pentagon's witnesses assured the Commission that, yes, 
the department had indeed factored the returning troops into the 
equation, and that the proposed BRAC list would reflect those planning 
assumptions.
  The next day--the very next day--Mr. Al Cornella, Chairman of the 
Overseas Basing Commission, issued a statement in which he said in 
part:

       Our review leads us to conclude that the timing and 
     synchronization of such a massive realignment of forces... 
     requires that the proposed pace of events for our overseas 
     basing posture be slowed and re-ordered. Such a step is of 
     paramount importance in addressing quality of life issues for 
     70,000 returning American military personnel plus their 
     families. Schools, health care and housing need to be in 
     place at domestic receiving bases on the first day troops and 
     their families arrive home.

  Mr. Cornella went on to note that ``The interagency process has not 
been fully used in the development of the Department's plan'' and that 
``The Commission notes there has been almost no public discussion of 
this multi-billion dollar process that affects the security of every 
American.''
  In other words, DoD had failed to truly factor in the return of 
American forces from overseas into the BRAC equation . . . and the 
Overseas Basing Commission isn't the only independent body to question 
the Pentagon's BRAC criteria.
  On May 3, the Government Accountability Office issued a report on the 
methodology used by the Pentagon in the BRAC process that states the 
Defense Department ``did not fully consider the impact of force 
structure changes underway and the planned restationing of thousands of 
forces from overseas bases.''
  Mr. Chairman, we know the day is coming--and I pray that it's sooner 
rather than later--that those serving in Iraq and Afghanistan will be 
coming home. The Overseas Basing Commission and GAO are warning DoD and 
the Congress that we must ensure that any changes in our domestic 
basing structure do not leave these troops and their families with no 
place to call home. That's reason enough to delay the current BRAC 
round, but there are others.
  The Defense Department will not submit its report on the Quadrennial 
Defense Review--the QDR, as it's known, is the Department's method of 
examining of America's defense needs from 1997 to 2015--until at least 
the first quarter of 2006, after the current BRAC round has run its 
course. Several BRAC Commissioners have questioned the wisdom of 
proceeding with the current BRAC round before the QDR report has been 
delivered to Congress. I would argue, as others have, that this is 
another example of putting the proverbial cart before the horse. How 
can DoD restructure its forces for the future--including its domestic 
and overseas bases--when its primary blueprint for the future is still 
a work in progress?
  For my part, I've also discovered a BRAC-related planning issue that 
the Pentagon does not appear to have addressed. Nowhere in the hundreds 
of pages of BRAC reports that DoD has thus far made public will you 
find a single reference to the difficulty in getting properly qualified 
scientists and engineers the security clearances they need in a timely 
fashion.
  Why is this important? At the May 18 BRAC hearing on the Army's 
portion of the proposed BRAC list, Army Secretary Francis Harvey said, 
``I won't sit here and tell you that we expect all the people from Fort 
Monmouth to move to Aberdeen Proving Ground . . . I won't sit here and 
tell you that that's not a concern.'' Mr. Speaker, the bottom line is 
that the vast majority of the skilled scientists and engineers who have 
current security clearances won't move to Aberdeen Proving Ground or 
anywhere else. Their lives, their families, their research centers are 
all in New Jersey--and we can say the same thing about any other 
community with a military installation that employs a large number of 
skilled civilian specialists with security clearances anywhere in the 
country.
  Every day at Ft. Monmouth, the talented engineers, scientists and 
technicians--working in secrecy--are providing the latest intelligence 
and communications technologies to our troops in the field, including 
the roadside bomb jammers that have become so very important in our 
struggle against the insurgents in Iraq. If we allow the Pentagon to 
play the BRAC equivalent of musical chairs with our critical research 
and development assets in wartime, we will lose thousands of skilled, 
trained, and cleared intelligence and communications specialists that 
we will not be able to replace for years. That's an unacceptable risk 
in wartime, Mr. Speaker, and for that reason and the other, strategic 
reasons cited by the Overseas Basing Commission and GAO, we need to 
terminate the current BRAC round. Let's restructure our military for 
the 21st century, but let's do it right, and minimize the risk to our 
warfighters in Iraq and Afghanistan. Again, I urge adoption of the 
Bradley amendment.
  Mr. DELAHUNT. Mr. Chairman, I rise today in support of the amendment.
  Since the BRAC list was announced, many of my constituents have been 
asking the same question. Did the Pentagon, did the White House, take 
into account the homeland security implications of closing military 
bases?
  The honest answer is that it doesn't appear so. In fact, it doesn't 
appear that anyone is obligated to consider the homeland security 
implications of these base closings.
  On September 11, 2001, fighter jets from the 102nd Fighter Wing of 
the Otis Air Force Base on Cape Cod, Massachusetts, were the first 
military presence to arrive on the scene in New York City.

[[Page 11338]]

  Just last week, the Air Wing escorted an Al Italia flight to Bangor, 
Maine, after it was discovered that a passenger on board was on the no-
fly list.
  Yet, Otis is slated for closure on the BRAC list.
  It takes nine minutes for the fighters on Cape Cod to reach New York 
City. Nine minutes because they can take off and land in totally 
unrestricted air space. The same can't be said of Atlantic City--where 
some of the planes may be reassigned.
  We shouldn't have to ask commercial air traffic to back off so we can 
scramble our own planes to defend us.
  Contrary to the prevailing logic at the Pentagon, national defense 
and homeland security are not conflicting priorities--they go hand in 
hand. Many of these bases--like Otis--complement the defense of our 
homeland.
  I urge the adoption of this amendment.
  Mr. ORTIZ. Mr. Chairman, I rise in support of the amendment by the 
gentleman from New Hampshire, Mr. Bradley and join him in his concerns 
about conducting a BRAC right now.
  There are a number of concerns that I have about conducting base 
closures during a time of war, and without the benefit of global 
forethought.
  I have spoken to the need for this Nation to be more focused and more 
careful about how we proceed.
  We are conducting a global war.
  We are closing bases overseas.
  We are just one year out from our QDR to establish our global 
strategic footprint.
  It is folly to proceed with domestic base closures while we are at 
war and unclear of our global military presence.
  It is akin to replacing a hot engine in a flying plane--we ought not 
do it.
  Ms. SLAUGHTER. Mr. Chairman, I rise in strong support of the Bradley 
amendment. We are a nation at war and now is not the time to be closing 
American military bases.
  In formulating the BRAC list, Secretary Rumsfeld ignored the base-
closure criteria that Congress approved. Just yesterday, an Air Force 
BRAC spokesman admitted that the extensive criterion used to evaluate 
the strategic military value of each base was not adhered to by the 
Pentagon. Instead, the Base Closure Executive Group used their 
``collective judgment'' to recommend closure for bases that had higher 
rankings--such as the Niagara Falls Air Reserve Station--than many 
others which were kept off the list.
  This amendment would let the DoD know that a group's ``collective 
judgment'' is not good enough. Secretary Rumsfeld better have some 
stronger arguments than ``collective judgment,'' because his proposed 
BRAC list would cripple Guard and Reserve recruitment and weaken our 
homeland defense.
  By passing this amendment, Congress would recognize that the DoD's 
base closure recommendations were budget-driven and did not take into 
account the military's long-term needs. I urge a ``yes'' vote on the 
Bradley amendment.
  Mr. BRADLEY of New Hampshire. Mr. Chairman, I yield back the balance 
of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from New Hampshire (Mr. Bradley).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Mr. BRADLEY of New Hampshire. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentleman from New Hampshire (Mr. 
Bradley) will be postponed.
  It is now in order to consider amendment No. 26 printed in House 
Report 109-96.


                Amendment No. 26 Offered by Ms. Woolsey

  Ms. WOOLSEY. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 26 Offered by Ms. Woolsey:
       At the end of title XII (page 427, after line 11), insert 
     the following new section:

     SEC. 1223. WITHDRAWAL OF UNITED STATES ARMED FORCES FROM 
                   IRAQ.

       It is the sense of Congress that the President should--
       (1) develop a plan as soon as practicable after the date of 
     the enactment of this Act to provide for the withdrawal of 
     United States Armed Forces from Iraq; and
       (2) transmit to the congressional defense committees a 
     report that contains the plan described in paragraph (1).

  The CHAIRMAN. Pursuant to House Resolution 293, the gentlewoman from 
California (Ms. Woolsey) and the gentleman from California (Mr. Hunter) 
each will control 15 minutes.
  The Chair recognizes the gentlewoman from California (Ms. Woolsey).
  Ms. WOOLSEY. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I thank the members of the Committee on Rules for 
making this important amendment in order. It has been a long time 
coming for Congress to discuss this war in Iraq and how we will plan to 
end the terrible suffering it is causing our troops, their families, 
and the Iraqi people.
  First and foremost, I honor and I support the brave men and women who 
are serving our country in Iraq, and I believe that the best way to 
support them is to establish a plan to bring them home.
  In just over 2 years of war, more than 1,600 American soldiers and an 
estimated 25,000 Iraqi civilians have been killed. The number of 
American wounded, according to the Pentagon, is greater than 12,000, 
and that does not even count the invisible mental wounds they are 
bringing home, afflicting tens of thousands of our soldiers.
  And, of course, with more than $200 billion on the line, do the 
Members not think that the American people deserve to know what the 
President plans to do in Iraq?
  I also honor the many voters who risked their lives to ``give Iraq 
back to the Iraqi people.'' But our continued presence in Iraq after 
the election has caused America to be seen by the Iraqi people as an 
occupying power, not as a liberating force. Our continued presence in 
Iraq works against efforts for democracy, provides a rallying point for 
angry insurgents, and ultimately makes the United States less safe.
  My amendment expresses the Sense of the Congress that the President 
must develop a plan to bring our troops home and that he must submit 
this plan to the appropriate committees in Congress. We can truly 
support our troops by bringing them home.
  At the same time, withdrawing U.S. troops must not result in 
abandoning a country that has been devastated. We must assist Iraq, not 
through our military but through international humanitarian efforts to 
rebuild their war-torn economic and physical infrastructure. We need to 
defend America by relying on the very best of American values, our 
commitment to peace and freedom, our compassion for the people of the 
world, and our capacity for multilateral leadership.
  Mr. Chairman, Congress must support our troops, and we must begin the 
difficult recovery process from a long and destructive war. But first, 
the President must create a plan to bring our troops home. Our troops 
deserve nothing less.
  Mr. Chairman, I reserve the balance of my time.
  Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, I rise in strong opposition to the gentlewoman's 
amendment.
  Make no mistake about it. This amendment is a message-sender. It is a 
message-sender to people like Al Sadr who are considering even now 
continuing to foment rebellion against the elected government in Iraq. 
It is a message-sender to Zarqawi and his followers, who think that 
perhaps the United States does not have the stomach to continue to 
oppose them. It is a message-sender to our troops, who might, in seeing 
if this amendment should pass, feel that the resolve of the American 
people is fading away.
  This is precisely the kind of a message we do not want to send to 
friend and foe alike, and certainly not to the 140,000 Americans 
serving presently in Iraq, who feel that the country is strongly behind 
them.
  Mr. Chairman, I yield 3 minutes to the gentleman from Kentucky (Mr. 
Davis).
  Mr. DAVIS of Kentucky. Mr. Chairman, I speak not simply as a Member 
of Congress, but as a former enlisted soldier and military officer.
  I find myself somewhat dismayed that we have to spend time here today 
debating an amendment that would tell our enemies when our forces are 
going to withdraw from Iraq. This amendment is tantamount to posting a 
billboard saying, ``We will be gone by 5

[[Page 11339]]

o'clock Friday. If you wait until 6 o'clock, you can perform a 
murderous rampage through this growing democracy and terrify and 
intimidate the people back into living under a despotic regime.''
  I respect the gentlewoman's passionate declarations regarding 
tolerance, diversity, and the rights of women, all of which would be 
ruthlessly, violently, and murderously suppressed if we were to leave 
at this time, something I am sure she would not want to see happen.
  Some might argue that this amendment does not set a timetable, but 
rather states that Congress just wants to see a plan. The amendment, 
some would argue, is innocuous. I cannot stress enough how damaging 
this amendment would be, if it passes, to our troops, to our national 
security, and also to the Iraqi democracy.
  Our troops in the field look to us for strength and solid, confident, 
unwavering leadership. If this passes, they would instead see a 
government that does not possess the fortitude to hold the course and 
finish the job. If this passes, their families would see a Congress 
that cares more for timelines and wordy resolutions than it does for 
the safety of their loved ones.
  We also need to understand how others will see this around the world. 
If this passes, the Iraqis, who every day put their lives on the line 
to form security forces and battle terrorists in their streets and in 
their neighborhoods, would see a military that is not committed to 
training them to defend themselves. They would see an America that 
broke its promise to walk with them to democracy and independence.
  If this passes, the world would see a country that takes no pride in 
its role in establishing a free Iraq, one that confirms the lies of the 
terrorists that we are weak and lack the fortitude and resolve to 
finish this mission.
  Are we going to let less than 1 percent of the Iraqi population 
dictate our course and the course of the Iraqi people? I say no. Our 
enemies would stand up if this passes and cheer the moment it is passed 
because they would know that we will desert the Iraqi people who have 
invested their blood to defeat.
  Mr. Chairman, we will not abandon a people who have so willingly 
given of themselves for the dream that we can help them achieve. 
Mohandas Gandhi said, ``The spirit of democracy cannot be imposed from 
without. It has to come from within.'' The people have democracy in 
their hearts. They can feel it within their grasp. They can look up and 
see it shining near them. We just have to stand and give them a hand to 
reach for it.
  It is all the more distressing to me that we would consider this 
amendment so close to Memorial Day, a day when we honor the courage and 
the valor of our veterans, especially those who gave the ultimate 
sacrifice. We can all sleep better at night because of the blood shed 
by ordinary heroes who believe their government supported them and 
believe they were doing the right thing.

                              {time}  1830

  I recently spent 3 days visiting with numerous units of the United 
States Special Operations Command. Their valor, their commitment to 
protecting our freedom is insulted by bringing forth this amendment so 
close to Memorial Day.
  I ask my colleague to join me in opposing this amendment in honor of 
those who have gone before us and in honor of those whose names we do 
not yet know, but will learn as we read of their sacrifice.
  Let our foes understand one thing. Our exit strategy from Iraq is 
simply this: winning the war on terror. We must hold firm to the course 
and be resolved in our determination to win this fight.
  I ask my colleagues on the other side of the aisle to stand with us 
today and reaffirm our commitment to our troops, to their families, to 
our country, to the Iraqis and to our enemies that we will not retreat 
in the face of this evil.
  Ms. WOOLSEY. Mr. Chairman, I am proud to yield 2\1/2\ minutes to the 
gentleman from North Carolina (Mr. Jones).
  Mr. JONES of North Carolina. Mr. Chairman, I want to thank the 
gentlewoman for yielding me this time.
  Mr. Chairman, I want to say to my side, my leader on the Committee on 
Armed Services who I have great respect for, this is not about our 
troops. This is about a policy, that I believed when I voted 2 years 
ago to commit the troops that I was making my decision on facts. Since 
that time, I have been very disappointed in what I have learned about 
the justification for going into Iraq. Afghanistan, absolutely. We 
should be there. We should probably have more troops. But we cannot 
have more troops when they are in Iraq.
  Mr. Chairman, with regard to this effort by the gentlewoman from 
California, we have never voted one time together, not one time in the 
11 years I have been here. But, Mr. Chairman, I have beside me a 
picture of a young man whose name is Tyler Jordan. His daddy was a 
gunny sergeant killed two years ago, Phillip Jordan. He has under his 
arm the flag that was over the coffin.
  To my left are just a few faces of those who have died for this 
country. They died doing what they thought was right for America, and 
God bless them.
  But all this amendment does is just say that it is time for the 
Congress to meet its responsibility. The responsibility of Congress is 
to make decisions whether we should send our men and women to war or 
not send them to war. What we are saying here tonight is we think it is 
time for the Congress to begin, to start the debate and discussion of 
what the exit strategy is of this government, whether it be 2 years 
down the road, 3 years down the road, or 1 year.
  Mr. Chairman, what I am saying tonight is we have a responsibility. 
We should not be into some endless, endless war in Iraq, when we have 
so many other countries that we need to be watching much more carefully 
than Iraq. So I hope that this resolution passes and we can start 
meeting our responsibilities of discussing the policy for America.
  Mr. HUNTER. Mr. Chairman, I yield 2 minutes to the gentlewoman from 
Michigan (Mrs. Miller)
  Mrs. MILLER of Michigan. Mr. Chairman, I thank our great chairman of 
the Committee on Armed Services for yielding.
  Mr. Chairman, I would urge all of my colleagues to oppose this 
amendment because it is totally unnecessary. In fact, no one who has 
ever studied at a war college, no one who is a combat commander, no 
military strategist, no one who really wants to achieve victory, would 
ever support what this amendment is asking those of us in the House to 
support here today. Besides, we already have a timetable for withdrawal 
from Iraq, and that is when we have achieved victory, that is when we 
have helped to deliver freedom to the Iraqi people, and that is when we 
have secured a foothold for liberty in the Middle East.
  My question is this: Did we ask General Eisenhower for a plan for the 
withdrawal of the forces from Europe before the war was won? Of course 
not. And I would ask this: Did we ask General McArthur for a plan for 
withdrawal in the Pacific before the war was won? Of course not.
  Mr. Chairman, it makes no sense to telegraph our plans to the enemy. 
In fact, that would be an incredibly dangerous thing for us to do. But 
our enemies should know this: America will not cut and run. And to the 
Iraqi people, I would say this: liberty, democracy and freedom are 
coming, and the men and women of the American Armed Forces, God bless 
them, will help you achieve all of them.
  Ms. WOOLSEY. Mr. Chairman, I yield 1 minute to the gentleman from 
Massachusetts (Mr. McGovern).
  Mr. McGOVERN. Mr. Chairman, I rise in support of this amendment. This 
is a very modest amendment. As a sense of Congress provision, it is a 
recommendation from Congress, not a requirement. It sets no date by 
when the President must present a plan to Congress, just as soon as it 
is practicable. I cannot imagine why anyone would oppose this language.

[[Page 11340]]

  Currently, we have close to 140,000 uniformed men and women in Iraq. 
No matter where you stand on the question of Iraq, we owe it to these 
courageous men and women, and to their families, to let them know when 
and how we will bring them home to stay.
  Mr. Chairman, it is easy to start a war; but it is hard to get out of 
one. It is easy to go along and accept the military occupation. It is a 
lot harder to take an honest look at where we are now and determine 
when and how we are going to get out. But that is what we need to do, 
and we need to do it now.
  As a Congress, we should be ashamed that we have not demanded such a 
report from the President. This is the least we can do, to suggest that 
he send one.
  There has been no accountability with regard to this war, and this 
Congress has been all too content to just go along with an open-ended 
occupation. It is time we change that complacency. It is time we do our 
job. Support the Woolsey amendment.
  Mr. HUNTER. Mr. Chairman, I yield 2\3/4\ minutes to the gentleman 
from Texas (Mr. Conaway).
  Mr. CONAWAY. Mr. Chairman, I thank the chairman of the Committee on 
Armed Services for yielding me time.
  Mr. Chairman, I would speak today in strong opposition to this 
amendment of my colleague from California. First, let me say that I 
certainly understand their concern about the safety and well-being of 
our dedicated men and women of our Armed Forces who are currently 
deployed in Iraq. I, too, look forward to their safe and expeditious 
return home to the United States and to their loved ones.
  However, I cannot support this amendment, as I believe it sends 
exactly the wrong message concerning our current commitment in Iraq and 
gives aid and comfort to those who oppose us.
  Mr. Chairman, I am concerned that passing this amendment will send a 
clear signal to the insurgents in Iraq that Congress, and by extension 
the United States, is wavering in our commitment to their defeat. Doing 
so would create the impression that their terrorist tactics are working 
and that a U.S. withdrawal from the region is imminent.
  The last thing we want to do is create a new burst of enthusiasm for 
the misguided causes championed by the insurgents and al Qaeda. 
Establishing a plan for withdrawal would give those groups the hope 
that they are wearing down our resolve when, instead, we need to be 
clear in our commitment to defeating the insurgents in Iraq.
  Further, I believe that this amendment would serve only to discourage 
those Iraqi citizens who are dedicated to building a stable and secure 
democracy and defending it against terrorist factions. The coalition 
forces involved in the Multinational Security Transition Command in 
Iraq are working hard to build and train a competent Iraqi security 
force capable of defending their government and aiding the transition 
to democracy. Thus far, they have demonstrated initial success, as 
evidenced by the ISF's role in securing polling locations during the 
January elections.
  It is imperative that we continue to mirror their commitment and 
remain dedicated to the stabilization efforts as they work toward the 
ultimate goal of a free and democratic Iraq. This amendment would, in 
my opinion, undermine the Iraqis' confidence in our continuing support.
  Mr. Chairman, I think it is important to stress that we in Congress, 
in addition to the President and the Department of Defense leadership, 
do not want to maintain a U.S. military presence in Iraq one day longer 
than is necessary. Clearly, the goal is to bring our troops home as 
quickly and as efficiently as possible. However, we cannot do so until 
we succeed in enabling the Iraqis to defend themselves, secure their 
borders, and ensure the success of this new democracy.
  We agree there are certain milestones that must be met before we can 
in good conscience withdraw our forces from Iraq. It is not prudent to 
set an arbitrary date or timeline about which we can only speculate. 
While my colleague's amendment does not specify specifically a required 
date or timeline, I believe any formal plan would be misinterpreted and 
would send the wrong message.
  As the President has stated, ``It is inappropriate to put a specific 
timeline on the ultimate goal of ensuring that the Iraqi people can 
take care of themselves, protect themselves and provide for their 
fellow citizens.''
  Mr. Chairman, I urge my colleagues to vote against this amendment and 
send a message to the Iraqi forces and the Iraqi people, as well as to 
the insurgent groups, that the U.S. Congress and, by extension, the 
United States of America, is fully committed to the establishment of a 
stable and secure democracy in Iraq.
  Ms. WOOLSEY. Mr. Chairman, I yield 2 minutes to the gentleman from 
Ohio (Mr. Kucinich).
  Mr. KUCINICH. Mr. Chairman, I thank the gentlewoman from California 
for yielding me time.
  The reason I am rising to support her amendment is because I think 
that we have come to a time in the war in Iraq where Democrats and 
Republicans alike need to consider all the events that have transpired, 
to do it in a way that is compassionate for the decisions that were 
made to send us into war, and to do it without recriminations, without 
challenging each other's integrity, without challenging each other's 
love for our country or support for the troops.
  Democrats and Republicans came together to send this country to war. 
We can only come together to take this country out of Iraq. You start 
to see the signs that make it so apparent that the time is near. The 
time is near when this Congress must consider the reality facing our 
troops, the reality of the circumstances which sent our troops into 
battle. And we need to do this as colleagues who may have started from 
different points of view on Iraq. I certainly have a different point of 
view. I voted against the war. But now we are starting to see people 
who voted for the war coming forward and expressing their concerns.
  We have to have that capacity for rational reflection and an ability, 
not to say so much that we were wrong, but to say we have new 
information and we therefore have a right to reappraise the situation 
and take a new direction. The Woolsey amendment gives us a chance to do 
that, and it sets us on a path.
  So whether it is the Woolsey amendment or something that happens in 
the next few weeks and months, Democrats and Republicans are going to 
have to come together to help the President get out of the mess that 
this country is in.
  So I think we can proceed in a spirit that is amicable. We do not 
have to be beating each other up on this. We do not have to have a war 
about war, or certainly a war about a peaceful withdrawal.
  So the Woolsey amendment is an important step in the direction of 
setting this country on a path towards extricating ourself from Iraq. 
For that reason, I support it, and I want to commend her for her 
activity on behalf of it.
  Mr. HUNTER. Mr. Chairman, I yield 4 minutes to the gentleman from 
Indiana (Mr. Buyer), a veteran of Desert Storm and the chairman of the 
Committee on Veterans' Affairs.
  Mr. BUYER. Mr. Chairman, I thank the gentleman for yielding me time.
  Mr. Chairman, I rise in opposition to this amendment because of its 
timing. It is wonderful to talk about an exit strategy, if in fact it 
was timely to do so. But I oppose the timing of this conversation and 
debate.
  As a Nation and society committed to freedom and democratic 
principles and peace, I believe this amendment at this time would 
undermine our core values and the mentorship that we are having with a 
new, free country.
  When the President declared the global war on terrorism and Congress 
authorized the use of force in Iraq, the United States made a 
significant investment in world peace. Like any sound investment, our 
investment in peace is subject to volatility and outside influences. 
The forces of evil that

[[Page 11341]]

oppose the U.S. liberation of Iraq are the same forces in Iraq that 
want to suppress women and children, kill innocent people, attack 
schools, hospitals and religious institutions.
  Asking for an exit strategy for U.S. forces at this time is 
essentially calling it quits, and that is not the America I know. I 
believe that peace and freedom are inextricable and inseparable. 
Forsaking the Iraqi people in their hour of need is counter to the 
fabric of this great Nation.
  As a newly established free society, the Iraqi people are in their 
infancy of establishing the rule of law. Like the birth of any nation, 
there will be growing pains and unpleasant and tragic events. But let 
us be very clear: it has been the United States and our coalition 
partners that have given the Iraqi people hope.
  So this debate with regard to setting an exit strategy or a timetable 
for withdrawal, again, is not timely. It would be arbitrary. It is the 
mission that determines the exit strategy.
  Mr. Chairman, the debate we are having here really is not too much 
different from the debate we had during the Balkans, at the time when 
President Clinton, to his credit, brought the guns to silence. But what 
he said was, ``I want to commit U.S. ground troops for only 1 year.''

                              {time}  1845

  The Republicans immediately said, But, Mr. President, that is not an 
exit strategy. You cannot say we will only send the troops for 1 year, 
because it is the mission that will determine the exit. The exit then 
was determined in the civil implementation of the Dayton Accords by 
creating benchmarks for the success of the implementation of Dayton.
  So it is the mission with regard to stable civil institutions in 
achieving benchmarks of that free society in Iraq that will determine 
the exit strategy. The stabilizing of Iraq is extremely important. The 
training of their security forces is extremely important. And I assure 
my friends that the more that the insurgents attack security forces and 
police forces in Iraq, mosques, schools, innocent people within Iraq, 
it builds the esprit of the Iraqi people themselves, who are a very 
proud people, that they want to take these insurgents who are not of 
their land, not of their people and expel them from their land. I 
assure my colleagues that they equally, at that moment in time, will be 
just as eager for us to come home.
  So it is the mission that will determine the exit strategy. This 
amendment, while worthy and noble in its cause, is just not timely and, 
therefore, I will oppose the amendment.
  Ms. WOOLSEY. Mr. Chairman, I yield 1 minute to the gentleman from 
Michigan (Mr. Conyers).
  Mr. CONYERS. Mr. Chairman, what a great day this is. After 73 times 
on the floor, the gentlewoman from California (Ms. Woolsey) now has an 
amendment to discuss a plan to develop a plan as soon as practicable to 
provide for the withdrawal of the United States Armed Forces from Iraq. 
Here are Members of the House of Representatives who are, if we look at 
Article I, Section 8, the only ones that can declare war under this 
great Constitution, saying, We do not even want to talk about a plan.
  Well, I say to my colleagues, the President of the United States has 
already said that America does not plan an indefinite occupation of 
Iraq, and neither do the independent Iraqi people. So what we want our 
colleagues to understand is that Congress can talk about this. Please, 
summon up your courage. That is your job. That is why we are here.
  Mr. HUNTER. Mr. Chairman, I yield 2 minutes to the gentleman from San 
Diego, California (Mr. Cunningham).
  Mr. CUNNINGHAM. Mr. Chairman, summon up my courage? I do not think I 
have to question anybody to summon up my courage. I am a combat 
veteran, I was shot down in Vietnam, I was shot, and you do not tell 
the enemy what you are going to do, because you put those people at 
risk.
  Mr. Chairman, it is interesting that as a combat veteran, I spoke to 
literally thousands of other combat veterans, and it is amazing the 
differences of their opinions versus liberal politicians.
  Our kids over there are proud of what they do. Yes, I want them back. 
I wanted to get out of Vietnam just like anybody else, but I did not 
want to leave before the job was done. I do not want the over 1,700 men 
and women that have died in Iraq to die for nothing. And if we go ahead 
and tell the enemy what we are going to do, we put those kids at risk.
  I just think it is wrong. From my experience in the military of 20 
years, it is wrong, what the gentlewoman is trying to do. She has good 
intentions. But I will tell my colleagues that if we let folks know 
what we are going to do, I say to the gentlewoman, it is going to put 
those men and women at risk, and I think it is wrong.
  I urge opposition to this amendment.
  Ms. WOOLSEY. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman 
from New Jersey (Mr. Payne).
  Mr. PAYNE. Mr. Chairman, as a cosponsor of the Woolsey amendment 
calling on the President to develop and implement a plan to begin the 
withdrawal of U.S. troops from Iraq and to take other steps to provide 
the Iraqi people with the opportunity to control their internal 
affairs, I rise in support of this amendment.
  Mr. Chairman, although I strongly opposed the preemptive war in Iraq, 
which the administration promoted based on false information and which 
has resulted in tragic loss of American and Iraqi lives, I would have 
supported as many troops as necessary in Afghanistan where our enemy, 
Osama bin Laden, was.
  I do not believe that it would be fair to abandon the Iraqi people at 
this juncture. So, therefore, we should look towards having the United 
Nations create an international peacekeeping force to keep Iraq secure.
  I would also like to take this opportunity, though, to commend a 
group of activists in my congressional district who are lending their 
voices to the important debate about our future in Iraq. South Mountain 
Peace Action, representing residents of Maplewood and South Orange, New 
Jersey, are strongly committed to seeking an international solution, 
led by the United Nations, and a rapid return of U.S. soldiers. Nearly 
80 percent of Maplewood and South Orange voters and 52 percent of New 
Jersey voters voiced their agreement that President Bush's war in Iraq 
is the wrong war at the wrong time in the wrong place.
  The war has already exacted a heavy price. More than 1,600 American 
lives have been lost and over 10,000 servicemen and women have been 
wounded. More than 100,000 Iraqi civilians have lost their lives, and 
$210 billion have been spent.
  I urge support of the Woolsey amendment.
  Mr. HUNTER. Mr. Chairman, I yield 1\1/2\ minutes to the gentleman 
from Michigan (Mr. Schwarz).
  Mr. SCHWARZ of Michigan. Mr. Chairman, I rise in opposition to the 
Woolsey amendment.
  As a veteran of two tours of duty in Vietnam, I do not think it is 
appropriate to pull the forces out. The Iraqis want us to stay until 
the government takes on its full mission. Creating a timetable for 
withdrawal would hand the military initiative over to the insurgents 
and undermine the Iraqi Government to draft a constitution and prepare 
for a constitutional government.
  As Generals Myers, Pace, and Abizaid have reminded us, the enemy gets 
a vote on how the war is fought. Iraqi-U.S. coalition forces need 
flexibility to respond to any enemy offensive which a benchmark-based 
plan for withdrawal would absolutely preclude.
  I believe the amendment is well-intentioned, but the President, the 
Secretary of Defense, General Abizaid and the democratically elected 
Government of Iraq agree that it would not be in U.S. or Iraqi 
interests for the U.S. to remain in Iraq any longer than the government 
wants us there, but they are committed to reducing the U.S. presence 
only when that U.S. presence can safely be reduced and no sooner.
  Vote ``no'' on this amendment.
  Ms. WOOLSEY. Mr. Chairman, I yield 1 minute to the gentleman from 
Washington State (Mr. McDermott).

[[Page 11342]]


  Mr. McDERMOTT. Mr. Chairman, Monday's Guardian's editorial line was, 
``U.S. Military to Build Four Giant New Bases in Iraq.''
  The violence in Iraq has never been greater. That is not what winning 
looks like to me.
  The President's strategy is to re-create the Old West: Build four 
forts capable of withstanding mortar rounds. With the death toll and 
casualties mounting, the President's best idea is to keep U.S. soldiers 
in the midst of uncontrollable, horrific violence.
  This administration has put this Nation and our generals in a no-win 
situation. We have been there before in Vietnam, and we vowed never to 
let it happen again. But this administration has frayed the military, 
keeping soldiers in the target zone without enough armor to protect 
them and without a plan to bring them home.
  Colonel David Hackworth died about 2 weeks ago, a highly decorated 
combat veteran of the Vietnam War, eight Purple Hearts, a soldier's 
soldier who recently died, said we will be in Iraq for 30 years, 30 
years. Colonel Hackworth was a man who saw the battlefield and could 
see the folly of the Iraq war.
  The American people know the truth. The President misled this country 
into war, and it is time to get out.

               [From the Guardian, Monday, May 23, 2005]

          U.S. Military To Build Four Giant New Bases in Iraq

                     (By Michael Howard in Baghdad)

       U.S. military commanders are planning to pull back their 
     troops from Iraq's towns and cities and redeploy them in four 
     giant bases in a strategy they say is a prelude to eventual 
     withdrawal.
       The plan, details of which emerged at the weekend, also 
     foresees a transfer to Iraqi command of more than 100 bases 
     that have been occupied by U.S.-led multinational forces 
     since the invasion of Iraq in March 2003.
       However, the decision to invest in the bases, which will 
     require the construction of more permanent structures such as 
     blast-proof barracks and offices, is seen by some as a sign 
     that the U.S. expects to keep a permanent presence in Iraq.
       Politicians opposed to a long-term U.S. presence on Iraqi 
     soil questioned the plan.
       ``They appear to settling in a for the long run, and that 
     will only give fuel for the terrorists,'' said a spokesman 
     for the mainstream Sunni Iraqi Islamic party.
       A senior U.S. official in Baghdad said yesterday: ``It has 
     always been a main plank of our exit strategy to withdraw 
     from the urban areas as and when Iraqi forces are trained up 
     and able to take the strain. It is much better for all 
     concerned that Iraqis police themselves.''
       Under the plan, for which the official said there was no 
     ``hard-and-fast'' deadline, U.S. troops would gradually 
     concentrate inside four heavily fortified air bases, from 
     where they would provide ``logistical support and quick 
     reaction capability where necessary to Iraqis''. The bases 
     would be situated in the north, south, west and centre of the 
     country.
       He said the place of the ``troop consolidation'' would be 
     dictated by the level of the insurgency and the progress of 
     Iraq's fledgling security structures.
       A report in yesterday's Washington Post said the new bases 
     would be constructed around existing airfields to ensure 
     supply lines and troop mobility. It named the four probable 
     locations as: Tallil in the south; Al Asad in the west; Balad 
     in the centre and either Irbil or Qayyarah in the north.
       U.S. officers told the paper that the bases would have a 
     more permanent character to them, with more robust buildings 
     and structures than can be seen at most existing bases in 
     Iraq. The new buildings would be constructed to withstand 
     direct mortar fire.
       A source at the Iraqi defence ministry said: ``We expect 
     these facilities will ultimately be to the benefit of the 
     domestic forces, to be handed over when the U.S. leaves.''
       Three Romanian journalists kidnapped in Iraq were freed 
     yesterday after two months in captivity.

  Ms. WOOLSEY. Mr. Chairman, I yield 2 minutes to the gentleman from 
Massachusetts (Mr. Meehan).
  Mr. MEEHAN. Mr. Chairman, I rise in strong support of the Woolsey 
amendment.
  This amendment does not say, Cut and run. This amendment does not 
call it quits. It asks the President for an exit strategy. And since 
the President declared victory in Iraq, more than 1,500 Americans have 
been killed. The Bush administration still has not laid out a strategy 
to win the peace in Iraq and bring our American forces home.
  Now, when he was Governor of Texas, this is the advice that George W. 
Bush gave President Clinton about the war in Kosovo. Victory, he said, 
means exit strategy, and it is important for the President of the 
United States to explain to us what the exit strategy is.
  Now, that is what Governor Bush said about President Clinton and the 
war in Kosovo, and the need for an exit strategy is even more apparent 
in Iraq. In the absence of an exit strategy, the administration 
continues to pursue the same strategy that has only led to more 
casualties and less stability. We have killed or captured 1,000 to 
3,000 insurgents every month for more than a year. But with thousands 
of new recruits, the insurgency strengths have quadrupled.
  Without an exit strategy to win the peace and bring our troops home, 
our policy is going in circles.
  Our troops have won tactical victories, but they have not translated 
into strategic advances. Any successful strategy in Iraq has to address 
the fundamental factors that are continuing to fuel the insurgency.
  One of those factors is the suspicion that U.S. troops are going to 
occupy Iraq indefinitely. Those suspicions are being reinforced by the 
fact that we have three or four times as many troops in Iraq today as 
the administration predicted we would. Until we lay out a framework for 
bringing our troops home and replacing them with Iraqis, the Iraqi 
people will never feel that they are in control of their own destiny.
  A clear exit strategy would help splinter insurgent groups who have 
set aside their own differences in order to unite against the United 
States. It would send a message to the Iraqi Government that it needs 
to take responsibility for its own security. And, finally, an exit 
strategy is that light at the end of the tunnel that our troops need 
and the taxpayers need.
  Ms. WOOLSEY. Mr. Chairman, I yield 1\1/2\ minutes to the gentlewoman 
from California (Ms. Lee).
  Ms. LEE. Mr. Chairman, I want to thank my friend and cochair of the 
Congressional Progressive Caucus, the gentlewoman from California (Ms. 
Woolsey), for her leadership in offering this amendment.
  I stand here today as the proud daughter of a veteran of two wars. 
Let me just say, this amendment says what we have been saying all 
along, and it is time to make it real in terms of supporting our 
troops. The way we support our troops is by developing a plan to get 
them out of harm's way and to bring them home.
  To date, more than 1,600 American troops have given their lives, over 
11,000 American troops have been injured, and over 17,000 innocent 
Iraqi civilians, including women and children, have died in a war that 
should never have started in the first place.
  I distinctly remember the day in May 2003 when the President stood on 
the deck of the USS Abraham Lincoln and proclaimed, ``Mission 
Accomplished.'' Of course, the administration has called off the search 
for weapons of mass destruction because there simply were not any. But 
the occupation still continues.
  We have seen a war that has created a haven for terrorists in Iraq. 
We have seen troops become targets of the insurgency when they were 
supposed to be liberators.
  Mr. Chairman, the President needs to be honest with the American 
people and tell us what his plan is, and that is what this amendment 
says. Give us a plan to bring our troops home. It is very important. We 
need an exit strategy.
  The taxpayers have spent over $200 billion, soon to be $300 billion, 
and we have little or no accountability for where this money has gone.
  I congratulate the gentlewoman from California (Ms. Woolsey) for this 
amendment. We should adopt this amendment. We should send the signal 
that we support our troops, we love our troops, we value our troops, 
and we want them home.

                              {time}  1900

  Mr. SKELTON. Mr. Chairman, I move to strike the last word.
  Mr. Chairman, I yield to the gentlewoman from Texas (Ms. Jackson-
Lee).
  Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the distinguished 
gentleman from Missouri (Mr. Skelton), and I thank him again for his

[[Page 11343]]

leadership. I thank the distinguished gentlewoman from California (Ms. 
Woolsey) for allowing us to have the opportunity to stand on the floor 
of the House just a few days away from honoring America's war dead, and 
I hope that this debate is not in any way suggesting our lack of 
respect and admiration for those fallen as well as their families. I do 
not believe the distinguished gentlewoman from California has any idea 
or any sense of disrespecting the Nation's fallen dead. In fact, so 
many of us, no matter where we have come from, have soldiers and 
families living among us, families that mourned and families that are 
willing and wanting for their loved ones to come home.
  This is not Vietnam in terms of the approach that those of us who are 
against the war would put it in that context. We understand that the 
troops are following the orders of their leaders, the Commander in 
Chief, the United States Congress. That is why this amendment puts the 
burden on the United States Congress and asks for the President to 
create a success strategy, an exit strategy that will allow these 
troops to come home.
  This is about conserving resources. We have 140,000 troops in Iraq. 
We have equipment that is stretched. We have questions about the armor 
that is being utilized by our troops, the body armor. We have 60 people 
dead in the last 24 hours and eight of our troops dying in the last 24 
hours and troops dying every single day. And you know what the tragedy 
of it is? That when our fallen heroes come to the soil of the United 
States we cannot even view their bodies with the Flag draped over the 
coffin. We are denied that opportunity to mourn them.
  So this amendment is really to respond to the need that the Congress 
have the opportunity to address the question in hearing and to review 
the President's offering of a withdrawal or a success strategy, in 
great respect to the men and women in the United States military, in 
great respect to the families, in great respect to those who have lost 
their lives.
  I ask my colleagues to consider this amendment primarily to give us 
an opportunity to do our constitutional duty, and that is a declaration 
of war is a constitutional duty by this Congress to declare war. We 
failed in that duty a couple of years ago, in 2002 September. But let 
us accept the challenge to review the process and the strategy of this 
administration.
  I close by simply saying to the executive, I ask you to join us in a 
collaborative effort to have a vote for peace and to be able to 
conserve the resources and to honor our fallen dead and those who now 
serve, that we respect their families, respect, in fact, their lives 
and we will craft a strategy to return our heroes home. That is not in 
any way giving up on them. That is saving them.
  Mr. SKELTON. Mr. Chairman, I yield to the gentlewoman from California 
(Ms. Woolsey).
  Ms. WOOLSEY. Mr. Chairman, again, I would like to thank the members 
of the Rules Committee that made this important amendment in order. It 
is about time that in the Congress we discuss what is going on in the 
war in Iraq. And it is only too bad that we had only 15 minutes for 
this, well, a half an hour, 15 minutes on both sides, for this very, 
very important issue that is facing everybody in the United States of 
America, our troops and their families and the Iraqi people.
  My amendment expresses the sense of the Congress that the President 
must develop a plan to bring our troops home, that he must submit this 
plan to the appropriate committees in Congress so that we can truly 
support our troops and bring them home where they are safe.
  So in closing, Mr. Chairman, Congress must support our troops. We 
must begin the difficult recovery process from a long and destructive 
war. The President has to create a plan and tell us what he is going to 
do, and he must get these troops home before we lose any more lives. 
This is the best way to support our troops, and they deserve nothing 
less.
  Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The gentleman from California has 30 seconds remaining.
  Mr. HUNTER. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, and my colleagues, we have an exit strategy, and that 
exit strategy is a free Iraq and a free government in Iraq and a 
military which is strong enough to protect that government. And that is 
the military that we are standing up right now, and that is the 
mission, and that is the timetable. And I would hope that the 
gentlewoman's amendment would be defeated.
  Mr. FARR. Mr. Chairman, a safe and democratic Iraq is a goal I share 
with every American. Congresswoman Woolsey's amendment is critically 
important for reaching this goal. The amendment urges the 
administration to lay out a plan for withdrawing U.S. troops from Iraq. 
This amendment does not demand the U.S. troops be withdrawn from Iraq 
immediately or prematurely. It simply requests that the President 
establish a plan for when he will begin to bring our soldiers back 
home.
  The best way to make Iraq a strong and democratic country is to give 
Iraqis the training and education necessary for them to assume 
responsibility for their own security needs and to develop their civil 
society infrastructure. Iraqis yearn for freedom and democracy, and 
ownership of their own country. American soldiers, sailors and marines 
want to return home to be reunited with their families. A withdrawal 
plan is in the best national security interests of the United States 
and in the best interests of a democratic Iraq.
  I urge my colleagues to support the Woolsey amendment.
  The CHAIRMAN. The question is on the amendment offered by the 
gentlewoman from California (Ms. Woolsey).
  The question was taken; and the Chairman announced that the noes 
appeared to have it.
  Ms. WOOLSEY. Mr. Chairman, I demand a recorded vote.
  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, further proceedings 
on the amendment offered by the gentlewoman from California (Ms. 
Woolsey) will be postponed.
  The Chair understands that amendment No. 19 was disposed of by the 
adoption of amendment No. 1.
  It is now in order to consider amendment No. 27 printed in House 
Report 109-96.


         Amendment No. 27 Offered by Mr. Weldon of Pennsylvania

  Mr. WELDON of Pennsylvania. Mr. Chairman, I offer an amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Amendment No. 27 offered by Mr. Weldon of Pennsylvania:
       At the end of title XII (page 427, after line 11), insert 
     the following new section:

     SEC. ___. SENSE OF CONGRESS CONCERNING COOPERATION WITH 
                   RUSSIA ON ISSUES PERTAINING TO MISSILE DEFENSE.

       It is the sense of Congress that--
       (1) cooperation between the United States and Russia with 
     regard to missile defense is in the interest of the United 
     States;
       (2) there does not exist strong enough engagement between 
     the United States and Russia with respect to missile defense 
     cooperation;
       (3) the United States should explore innovative and 
     nontraditional means of cooperation with Russia on issues 
     pertaining to missile defense; and
       (4) as part of such an effort, the Secretary of Defense 
     should consider the possibilities for United States-Russian 
     cooperation with respect to missile defense through--
       (A) the testing of specific elements of the detection and 
     tracking equipment of the Missile Defense Agency of the 
     United States Department of Defense through the use of 
     Russian target missiles; and
       (B) the provision of early warning radar to the Missile 
     Defense Agency by the use of Russian radar data.

  The CHAIRMAN. Pursuant to House Resolution 293, the gentleman from 
Pennsylvania (Mr. Weldon) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Weldon).
  Mr. WELDON of Pennsylvania. Mr. Chairman, I yield myself such time as 
I may consume.
  Mr. Chairman, this is an amendment that I wish I did not have to 
offer because the amendment follows the language of the President of 
the United States, our leader, who has called for

[[Page 11344]]

joint cooperation with Russia on missile defense. The amendment calls 
for the language of our Secretary of Defense, who has called for joint 
cooperation on missile defense. The language calls for an amendment 
that my good friend, the gentleman from South Carolina (Mr. Spratt), 
and I offered in 1998 in H.R. 4 that actually calls for a national 
missile defense, and as a part of that called for joint cooperation on 
missile defense.
  In fact, the weekend before the vote on H.R. 4, I took Don Rumsfeld, 
private citizen; Jim Woolsey, private citizen; Bill Snyder, private 
citizen; and Democrat Jim Turner and other Republicans to Moscow, and 
we told the Russians that our move in moving forward on missile defense 
and not only abrogating the ABN treaty was not about us scoring a 
strategic advantage over them, but was about an effort to protect 
ourselves, as they had been doing with their system around Moscow. And 
we told them that we saw threats coming from North Korea, China and 
Iran and, therefore, we had to take the action.
  Mr. Chairman, for the past several years we have had a joint program 
with the Russians called RAMOS. A year ago, our four star general, 
General Kadisch, came in and said to me, Congressman, I have got to 
cancel the program, but I want to do a follow-on with the Russians. And 
I said, that is great because that is the intent of the President and 
that is the intent of the Congress. He said, But Congressman, I cannot 
get a meeting with my Russian counterparts.
  So in April of last year, we took, at the request of General Kadisch 
and General Obering, General Shakleford to Moscow with us. And General 
Shakleford sat across the table in Straya Polochad, the equivalent of 
the West Wing in Moscow with General Balyevsky who would become the 
chief of the general staff. During the summer of last year, they 
negotiated a multi-phase agreement to work with the Russians on joint 
use of their large phased array radar, which we need; on joint use of 
the Russian missile systems for targeting purposes, which we want. But 
because none of the Missile Defense Agency, but because of the 
bureaucracy in the Pentagon, today we have no cooperative program with 
Russia, and that is unacceptable and it is outrageous.
  So this amendment gets to the heart of the office of Secretary of 
Defense and the policy shop. You do not override the President of the 
United States. You are not the ultimate decision-makers above the 
Congress. The Congress made a conscientious bipartisan veto-proof 
effort in passing H.R. 4 in 1998. We were the ones that called for this 
cooperation. The President has said this repeatedly, and this amendment 
says to those bureaucrats in the policy shop, do your job.
  I thank my colleagues for their effort. I ask all of my colleagues to 
support this because this is about our word. This is about the trust of 
America. This is about building a relationship that our Missile Defense 
Agency wants.
  General Obering was in my office 2 months ago with a policy person 
sitting across the room, and General Obering looked at him and said, I 
want to do this. What we are saying is we support General Obering. We 
support the Secretary of Defense. We support the President of the 
United States. And to those bureaucrats in the Pentagon, wake up and 
listen, because that is who this amendment is aimed at.
  Mr. Chairman, I yield back the balance of my time.
  Mr. SPRATT. Mr. Chairman, I do not object to the amendment, but ask 
unanimous consent to claim the time in opposition.
  The CHAIRMAN. Is there objection to the request of the gentleman from 
South Carolina?
  There was no objection.
  The CHAIRMAN. The gentleman from South Carolina (Mr. Spratt) is 
recognized for 5 minutes.
  Mr. SPRATT. Mr. Chairman, I yield myself such time as I may consume.
  Mr. Chairman, my good friend and colleague, the gentleman from 
Pennsylvania (Mr. Weldon), has been a leader in the Congress on 
relations with Russia for some time. I reviewed his amendment, and I 
support it and would like to state several reasons for supporting it 
that I think others can readily identify with.
  First of all, this is not a new idea. It has been talked about at 
least as long ago as Reagan's Presidency, when Mr. Reagan was trying to 
make the point that he did not necessarily seek nuclear dominance, and 
that he was ready to share certain parts of missile defense with the 
Russians if necessary to show that it was consistent with the balance 
of power between our two countries.
  But today, if you want principle reasons, one reason to have an 
amendment like this and the policy that it supports is to show the 
Russians that ballistic missile defense need not be perceived by them 
as adverse to their security. Just as our missiles are no longer 
explicitly targeted at the Russians, the ballistic missile defense 
systems we are building are not directed really at countering their 
systems, but of the adversaries.
  The gentleman from Pennsylvania (Mr. Weldon) mentions two good 
reasons, two practical reasons, for making this amendment our policy. 
Number one, it is possible that the Russians could cooperate with us in 
allowing us to test specific elements of their tracking equipment of 
their own missile systems. And, number two, they have early warning 
radar that the Missile Defense Agency may find very useful. In fact, if 
we begin some day in the near future to install systems that will give 
us protection against threats like Iran, we may find the geography 
inside Russia is ideal geography, ideally located for the kind of early 
warning system and detection that we would need and want and would be 
preferable possibly to locating some of these systems in Eastern 
European countries.
  So there are many good reasons at this point in time to support this 
policy and therefore to support this amendment.
  Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Pennsylvania (Mr. Weldon).
  The amendment was agreed to.


          Sequential Votes Postponed in Committee of the Whole

  The CHAIRMAN. Pursuant to clause 6 of rule XVIII, proceedings will 
now resume on those amendments on which further proceedings were 
postponed in the following order: amendment No. 6 offered by the 
gentleman from Florida (Mr. Stearns), amendment No. 29 offered by the 
gentleman from New Hampshire (Mr. Bradley), amendment No. 26 offered by 
the gentlewoman from California (Ms. Woolsey).
  The Chair will reduce to 5 minutes the time for any electronic votes 
after the first vote in this series.


                 Amendment No. 6 Offered by Mr. Stearns

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from Florida (Mr. Stearns) on 
which further proceedings were postponed and on which the ayes 
prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The vote was taken by electronic device, and there were--ayes 336, 
noes 92, not voting 5, as follows:

                             [Roll No. 218]

                               AYES--336

     Abercrombie
     Aderholt
     Akin
     Alexander
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capuano
     Cardin
     Cardoza

[[Page 11345]]


     Carnahan
     Carter
     Case
     Castle
     Chabot
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Cox
     Cramer
     Crenshaw
     Cubin
     Cuellar
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     Delahunt
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Doggett
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards
     Ehlers
     Engel
     English (PA)
     Etheridge
     Evans
     Everett
     Fattah
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Gene
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Inslee
     Israel
     Issa
     Istook
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Leach
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     Meek (FL)
     Menendez
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Moore (KS)
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Otter
     Oxley
     Paul
     Pearce
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanchez, Loretta
     Saxton
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Souder
     Spratt
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Udall (CO)
     Upton
     Van Hollen
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Waxman
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wynn
     Young (AK)
     Young (FL)

                                NOES--92

     Ackerman
     Allen
     Baldwin
     Becerra
     Blumenauer
     Brady (PA)
     Brown (OH)
     Capps
     Carson
     Conyers
     Crowley
     Davis (IL)
     DeGette
     DeLauro
     Dingell
     Emanuel
     Eshoo
     Farr
     Filner
     Frank (MA)
     Green, Al
     Grijalva
     Gutierrez
     Hastings (FL)
     Hinchey
     Holt
     Honda
     Jackson (IL)
     Jackson-Lee (TX)
     Jones (OH)
     Kaptur
     Kilpatrick (MI)
     Kucinich
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lofgren, Zoe
     Lowey
     Maloney
     Markey
     Matsui
     McCollum (MN)
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Meeks (NY)
     Melancon
     Michaud
     Miller, George
     Mollohan
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Rahall
     Rangel
     Rothman
     Roybal-Allard
     Rush
     Sanchez, Linda T.
     Sanders
     Schakowsky
     Scott (VA)
     Serrano
     Slaughter
     Solis
     Stark
     Thompson (CA)
     Tierney
     Udall (NM)
     Velazquez
     Wasserman Schultz
     Waters
     Watson
     Watt
     Weiner
     Wexler
     Woolsey
     Wu

                             NOT VOTING--5

     Brown (SC)
     Chandler
     Emerson
     Hastings (WA)
     Millender-McDonald

                              {time}  1935

  Mr. MORAN of Virginia, Mr. BROWN of Ohio, Ms. KAPTUR, Ms. PELOSI, Mr. 
RAHALL and Mr. MOLLOHAN changed their vote from ``aye'' to ``no.''
  Mr. WAXMAN, Mr. MEEK of Florida, and Ms. LORETTA SANCHEZ of 
California changed their vote from ``no'' to ``aye.''
  So the amendment was agreed to.
  The result of the vote was announced as above recorded.


        Amendment No. 29 Offered by Mr. Bradley of New Hampshire

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentleman from New Hampshire (Mr. 
Bradley) on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 112, 
noes 316, not voting 5, as follows:

                             [Roll No. 219]

                               AYES--112

     Abercrombie
     Allen
     Baird
     Barrow
     Bass
     Boozman
     Bradley (NH)
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Brown-Waite, Ginny
     Capito
     Capps
     Cardoza
     Clay
     Crowley
     Cuellar
     Davis (AL)
     Davis, Jo Ann
     Davis, Tom
     DeFazio
     Delahunt
     DeLauro
     Doyle
     Ehlers
     Evans
     Fattah
     Fitzpatrick (PA)
     Ford
     Gallegly
     Gerlach
     Gibbons
     Gingrey
     Gohmert
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Hall
     Hart
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holt
     Hooley
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Jones (NC)
     Jones (OH)
     Kucinich
     LaHood
     Langevin
     Larson (CT)
     LaTourette
     Lewis (GA)
     Lowey
     Lynch
     Manzullo
     McCollum (MN)
     McCotter
     McNulty
     Melancon
     Menendez
     Michaud
     Mollohan
     Moore (WI)
     Moran (VA)
     Murphy
     Murtha
     Oberstar
     Ortiz
     Owens
     Pallone
     Pascrell
     Paul
     Payne
     Pearce
     Pickering
     Poe
     Rahall
     Rehberg
     Reynolds
     Ross
     Rothman
     Schakowsky
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Shimkus
     Simmons
     Slaughter
     Smith (NJ)
     Strickland
     Taylor (MS)
     Thompson (MS)
     Udall (NM)
     Velazquez
     Wasserman Schultz
     Watson
     Weldon (FL)
     Wicker
     Wilson (NM)
     Wolf
     Wu

                               NOES--316

     Ackerman
     Aderholt
     Akin
     Alexander
     Andrews
     Baca
     Bachus
     Baker
     Baldwin
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Brady (TX)
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capuano
     Cardin
     Carnahan
     Carson
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Cox
     Cramer
     Crenshaw
     Cubin
     Culberson
     Cummings
     Cunningham
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (KY)
     Davis (TN)
     Deal (GA)
     DeGette
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doolittle
     Drake
     Dreier
     Duncan
     Edwards
     Emanuel
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Farr
     Feeney
     Ferguson
     Filner
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gilchrest
     Gillmor
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Grijalva
     Gutierrez
     Gutknecht
     Harman
     Harris
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Holden
     Honda
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Inslee
     Israel
     Issa
     Istook
     Jackson (IL)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     Lantos
     Larsen (WA)
     Latham
     Leach
     Lee
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lucas
     Lungren, Daniel E.
     Mack
     Maloney
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCrery
     McDermott
     McGovern
     McHenry

[[Page 11346]]


     McHugh
     McIntyre
     McKeon
     McKinney
     McMorris
     Meehan
     Meek (FL)
     Meeks (NY)
     Mica
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Moore (KS)
     Moran (KS)
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Obey
     Olver
     Osborne
     Otter
     Oxley
     Pastor
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pitts
     Platts
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Rangel
     Regula
     Reichert
     Renzi
     Reyes
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schiff
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherman
     Sherwood
     Shuster
     Simpson
     Skelton
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Solis
     Souder
     Spratt
     Stark
     Stearns
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Towns
     Turner
     Udall (CO)
     Upton
     Van Hollen
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Waters
     Watt
     Waxman
     Weiner
     Weldon (PA)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wilson (SC)
     Woolsey
     Wynn
     Young (AK)
     Young (FL)

                             NOT VOTING--5

     Bishop (UT)
     Brown (SC)
     Emerson
     Hastings (WA)
     Millender-McDonald


                      Announcement by the Chairman

  The CHAIRMAN (during the vote). There are 2 minutes remaining in this 
vote.

                              {time}  1944

  Mr. TAYLOR of Mississippi changed his vote from ``no'' to ``aye.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.


                Amendment No. 26 Offered by Ms. Woolsey

  The CHAIRMAN. The pending business is the demand for a recorded vote 
on the amendment offered by the gentlewoman from California (Ms. 
Woolsey) on which further proceedings were postponed and on which the 
noes prevailed by voice vote.
  The Clerk will redesignate the amendment.
  The Clerk redesignated the amendment.


                             Recorded Vote

  The CHAIRMAN. A recorded vote has been demanded.
  A recorded vote was ordered.
  The CHAIRMAN. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 128, 
noes 300, not voting 5, as follows:

                             [Roll No. 220]

                               AYES--128

     Abercrombie
     Allen
     Baca
     Baird
     Baldwin
     Becerra
     Blumenauer
     Boswell
     Brady (PA)
     Brown (OH)
     Capps
     Capuano
     Carnahan
     Carson
     Clay
     Cleaver
     Clyburn
     Coble
     Conyers
     Costello
     Cummings
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     Doggett
     Doyle
     Duncan
     Emanuel
     Eshoo
     Evans
     Farr
     Fattah
     Filner
     Frank (MA)
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hastings (FL)
     Hinchey
     Hinojosa
     Holt
     Honda
     Hooley
     Inslee
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kaptur
     Kilpatrick (MI)
     Kucinich
     Larson (CT)
     Leach
     Lee
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lynch
     Maloney
     Markey
     Matsui
     McCollum (MN)
     McDermott
     McGovern
     McKinney
     McNulty
     Meehan
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Miller (NC)
     Miller, George
     Moore (WI)
     Moran (VA)
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Price (NC)
     Rahall
     Rangel
     Rothman
     Rush
     Ryan (OH)
     Sabo
     Sanchez, Linda T.
     Sanders
     Schakowsky
     Schwartz (PA)
     Scott (VA)
     Serrano
     Sherman
     Slaughter
     Smith (WA)
     Solis
     Stark
     Strickland
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (NM)
     Van Hollen
     Velazquez
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Woolsey
     Wu
     Wynn

                               NOES--300

     Ackerman
     Aderholt
     Akin
     Alexander
     Andrews
     Bachus
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (TX)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Cardin
     Cardoza
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Cole (OK)
     Conaway
     Cooper
     Costa
     Cox
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLauro
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doolittle
     Drake
     Dreier
     Edwards
     Ehlers
     Engel
     English (PA)
     Etheridge
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hobson
     Hoekstra
     Holden
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Israel
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Kanjorski
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Latham
     LaTourette
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lowey
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marshall
     Matheson
     McCarthy
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     Meek (FL)
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mollohan
     Moore (KS)
     Moran (KS)
     Murphy
     Murtha
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Ortiz
     Osborne
     Otter
     Oxley
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (WI)
     Ryun (KS)
     Salazar
     Sanchez, Loretta
     Saxton
     Schiff
     Schwarz (MI)
     Scott (GA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Smith (NJ)
     Smith (TX)
     Snyder
     Sodrel
     Souder
     Spratt
     Stearns
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Udall (CO)
     Upton
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--5

     Brown (SC)
     Emerson
     Hastings (WA)
     Millender-McDonald
     Porter

                              {time}  1952

  Mr. BUTTERFIELD changed his vote from ``aye'' to ``no.''
  So the amendment was rejected.
  The result of the vote was announced as above recorded.
  Mr. HUNTER. Mr. Chairman, I ask unanimous consent to strike the last 
word.
  The CHAIRMAN. Without objection the gentleman is recognized for 5 
minutes.
  There was no objection.
  Mr. HUNTER. Mr. Chairman, this place and our accomplishments all 
depend on great staff people. And that is what we had in Mr. Robert 
Rangel, who has been the staff director over these last several terms 
on the Committee on Armed Services. He was a staff leader for some 18 
years, heading up our great bipartisan staff, and he is now leaving.
  I thought of all of the great descriptions of people who serve this 
Nation in uniform, that adherence to duty and honor and country, and I 
think those are the metrics by which Mr. Rangel has worked to serve our 
interests and serve the interests of the people of this country and to 
serve the interests of the people who wear the uniform of the United 
States.

[[Page 11347]]


  Mr. SKELTON. Mr. Chairman, will the gentleman yield?
  Mr. HUNTER. I yield to the gentleman from Missouri.
  Mr. SKELTON. Mr. Chairman, let me add a thank-you and it is a job 
well done to Robert Rangel. Your professionalism, your friendship, your 
integrity, your hard work have served this institution well. You love 
this institution, we know that, and we are most appreciative of all you 
have done for us in a bipartisan way. You understand politics; but on 
the other hand, you understand this institution and help make it work 
very, very well.
  I might say, Robert, back in Lafayette County, Missouri, the highest 
compliment you ever get is, You done good. So Robert Rangel, you done 
good.
  The CHAIRMAN. There being no further amendments, the question is on 
the committee amendment in the nature of a substitute, as amended.
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The CHAIRMAN. Under the rule, the Committee rises.
  Accordingly, the Committee rose; and the Speaker pro tempore (Mr. 
LaHood) having assumed the chair, Mr. Simpson, Chairman of the 
Committee of the Whole House on the State of the Union, reported that 
that Committee, having had under consideration the bill (H.R. 1815) to 
authorize appropriations for fiscal year 2006 for military activities 
of the Department of Defense, to prescribe military personnel strengths 
for fiscal year 2006, and for other purposes, pursuant to House 
Resolution 293, he reported the bill back to the House with an 
amendment adopted by the Committee of the Whole.
  The SPEAKER pro tempore. Under the rule, the previous question is 
ordered.
  Is a separate vote demanded on any amendment to the committee 
amendment in the nature of a substitute adopted by the Committee of the 
Whole? If not, the question is on the amendment.
  The amendment was agreed to.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today unfortunately 
with the news that the Rules Committee rejected several major 
Democratic amendments that could have greatly strengthened the National 
Defense Authorization Act. It is sad to see that so many relevant and 
necessary amendments to this Defense Authorization were not ruled in 
order. Among the most relevant amendments were those submitted by my 
distinguished colleagues including Mr. Waxman's amendment on government 
contracting, Mr. Skelton's amendment on women in combat, Mr. Tierney's 
amendment on the Truman Commission, Mr. Markey's amendment on torture, 
Mr. Salazar's amendment on Survivors Benefit Plans, Mr. Taylor's 
amendment on TRICARE, Mr. Marshall's amendment on concurrent receipt 
and Mr. Spratt's amendment on nonproliferation. It is truly unfortunate 
that such pertinent amendments were not ruled in order and debated by 
this entire body. When the amendment process is compromised like it has 
been here then the legislative process suffers and unfortunately that 
means our Armed Forces will suffer as a result of this Defense 
Authorization.
  I am most outraged by the fact that there will be no consideration of 
the Taylor amendment on TRICARE for reservists, the Salazar amendment 
on ending the Military Families Tax, and the Marshall amendment on 
ending the Disabled Veterans Tax. These amendments are three key 
provisions in the GI Bill of Rights for the 21st Century, which House 
Democrats unveiled in March. It seems blatant, that the Rules Committee 
would not allow the full body to consider these vital amendments which 
could have greatly strengthened this Defense Authorization.
  My colleague Mr. Taylor's amendment would have provided full TRICARE 
to all members of the Guard and Reserve and their families. Currently, 
the Guard and Reserve are covered by TRICARE only when they are 
mobilized for active duty. Under the Taylor amendment, all members of 
the Guard and Reserve could buy into TRICARE for an affordable monthly 
premium. The Taylor amendment was in fact adopted by the Armed Services 
Committee by a vote of 32 to 30. However, after the mark-up, Chairman 
Hunter stripped the amendment from the bill based on a violation of the 
Budget Act, instead of allowing Representative Taylor to make a slight 
modification to his amendment which would have addressed the violation. 
It is the slightly modified version that Representative Taylor had 
sought the Rules Committee to make in order and which the Rules 
Committee has egregiously rejected for consideration. It is a travesty 
indeed because this amendment could have done so much good for so many 
Guardsmen and Reservists. The simple fact is that more than 433,000 of 
our National Guard and Reserves have been called up over the past two 
and one-half years. Reserve Components make up almost 50 percent of our 
forces in Iraq. It is time that we as a body recognize their service to 
our Nation by providing TRICARE for Reserve Component personnel on a 
permanent basis. It is disgraceful that this Congress will not 
demonstrate the level of commitment for its citizen-soldiers that they 
so richly deserve.
  I am also greatly disturbed by the fact that there will be no 
consideration of Mr. Spratt's amendment on nuclear nonproliferation. 
The amendment offered by Mr. Spratt would have provided an additional 
$80 million for nuclear nonproliferation activities. These vital 
activities would have been paid for by a modest decrease to future silo 
construction of ground-based missile defense. Clearly, this 
Administration and this Congress would rather waste money on futile 
missile defense systems that have proven not to work instead of 
safeguarding against the proliferation of nuclear weapons which pose a 
threat to our entire Nation and indeed the world. I can not even fathom 
how so many officials elected by the people can have such misplaced 
priorities. I can only pray that clearer judgment will prevail one day 
soon before we have to face the consequences of these misplaced 
priorities.
  Mr. Salazar's amendment would have ended the Military Families Tax. 
Currently, the Survivor Benefit Plan (SBP) penalizes survivors, mostly 
widows of those killed as a result of combat. These widows lose their 
survivor benefits if they receive Dependency and Indemnity Compensation 
(DIC) benefits because their spouse has died of a service-connected 
injury. The Salazar amendment would have ended this offset 
requirement--the Military Families Tax--for the 53,000 spouses who 
continue to pay this unfair tax, which affects families that have made 
the greatest sacrifice for our country. Again, I find it disgraceful 
that this Congress will not have the opportunity to aid those military 
families that are penalized under the Military Families Tax and who 
have made the ultimate sacrifice to our Nation.
  Mr. Marshall's amendment would have completely ended the Disabled 
Veterans' Tax for about 400,000 military retirees who were left behind 
under the partial repeal which the GOP-controlled Congress reluctantly 
enacted in 2003 and would speed up the end of the Disabled Veterans' 
Tax for the remaining disabled military retirees. For almost two years 
Democrats have been working to end the Disabled Veterans' Tax, and we 
have only been partially successful because the Republican leadership 
has put up roadblock after roadblock to eliminating this most unfair 
tax. Now, the Republican leadership and the Rules Committee have 
completed a hat trick of disgrace by rejecting the Marshall amendment 
for consideration which would have completely ended the Disabled 
Veterans Tax for all disabled military retirees.
  I can only hope in the future that such significant legislation as 
this will involve the debate and full consideration of all necessary 
and relevant amendments. The men and women of our Armed Forces and 
indeed the American people as a whole deserve as much.
  The SPEAKER pro tempore. The question is on the engrossment and third 
reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


        Motion to Recommit Offered by Mr. Taylor of Mississippi

  Mr. TAYLOR of Mississippi. Mr. Speaker, I offer a motion to recommit.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. TAYLOR of Mississippi. In its present form, Mr. Speaker.
  The SPEAKER pro tempore. The Clerk will report the motion to 
recommit.
  The Clerk read as follows:

       Mr. Taylor of Mississippi moves to recommit the bill H.R. 
     1815 to the Committee on Armed Services with instructions to 
     report the same back to the House forthwith with the 
     following amendments:
       At the end of subtitle A of title VII (page 290, after line 
     5), add the following new section:

     SEC. 707. EXPANDED ELIGIBILITY OF SELECTED RESERVE MEMBERS 
                   UNDER TRICARE PROGRAM.

       (a) General Eligibility.--Subsection (a) of section 1076d 
     of title 10, United States Code, is amended--

[[Page 11348]]

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

     ``Sec. 1076d. TRICARE program: TRICARE standard coverage for 
       members of the selected reserve''.

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

       (f) Savings Provision.--Enrollments in TRICARE Standard 
     that are in effect on the day before the date of the 
     enactment of this Act under section 1076d of title 10, United 
     States Code, as in effect on such day, shall be continued 
     until terminated after such day under such section 1076d as 
     amended by this section.
       Page 508, line 14, insert after the dollar amount the 
     following: ``(reduced by $182,000,000)''.
       Page 509, line 22, insert after the dollar amount the 
     following: ``(reduced by $182,000,000)''.

  Mr. TAYLOR of Mississippi (during the reading). Mr. Speaker, I ask 
unanimous consent that the motion be considered as read and printed in 
the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Mississippi?
  There was no objection.
  The SPEAKER pro tempore. The gentleman from Mississippi (Mr. Taylor) 
is recognized for 5 minutes.
  Mr. TAYLOR of Mississippi. Mr. Speaker, a few minutes ago the 
gentleman from California (Chairman Hunter), in speaking to the Woolsey 
amendment, described it as a message-sender. This motion to recommit, 
which is an amendment to the bill, is a message-sender.
  This is a message-sender to the Guardsmen and Reservists of this 
Nation who comprise 38 percent of the total force, and who at this 
moment comprise 40 percent of the men and women who are serving in Iraq 
and Afghanistan. By the way, they provide about that same percentage of 
the wounded, about the same percentage of the people who come home dead 
from that war.
  See, unlike the regular soldier to their right and the regular Marine 
to their left, who are guaranteed health care coverage through the 
TRICARE program, 20 percent of our Guardsmen and Reservists have no 
health care coverage whatsoever. Coincidentally, about 20 percent of 
our Guard and Reservists who are called up could not be deployed 
because they were not medically ready to be deployed. This amendment 
addresses that.
  This amendment would take $185 million out of the fund that is going 
to fund base closure and apply it to TRICARE for Guard and Reservists 
to let those people know we appreciate them.

                              {time}  2000

  Why is this important? Just today in south Mississippi, five families 
got the worst message you could ever receive, and that is that their 
loved one died in Iraq. Every one of them was a Guardsman or Reservist. 
Last Friday, I visited Walter Reed just like all of you do, but a 
little bit different from my colleagues, just to see Mississippians. 
Every one of the five Mississippians that are there are Guardsmen or 
Reservists. One is a double amputee. The other two have lost one leg. 
The other two are in wheelchairs and will be for some time. Every one 
of them is a Guardsman or Reservist.
  I have heard in committee that maybe the Guard and Reserve does not 
deserve this. What could be farther from the truth? There are people 
who say, Well, we can't afford the money. It is going to be expensive. 
I am not going to lie about that. When it is fully implemented, it is 
going to cost $1 billion a year. But I will also remind you that when 
it is fully implemented, that will amount to one-quarter of 1 percent 
of the entire DOD budget, one-quarter of 1 percent of the DOD budget so 
we can tell our Guardsmen, so we can tell our Reservists, and there are 
really only three types of Guardsmen and Reservists, because I know a 
bunch of them. There are those that have been to Iraq, there are those 
that are in Iraq, and there are those that are going to Iraq. That is 
the only type of Guardsmen and Reservists we have now. That is how much 
we use them in the force. As a matter of fact, the aviation 
classification repair unit that is shared in the district of the 
gentleman from Connecticut (Mr. Simmons) and my own has already been to 
Iraq and they have been told they are going back.
  This is going to become law. It is going to become law. The question 
is whether the House is going to lead on this or whether we are going 
to follow, because tomorrow the Senator from South Carolina is going to 
offer this amendment, and it is going to pass. So then it goes to 
conference. One of the arguments that is going to be made is that by 
this motion to recommit, we are slowing the process down. I would beg 
to differ. By this motion to recommit, we are stating the House's 
position that we agree with you, that this is something that is 
worthwhile to do and we go to conference, we are already in agreement 
that we are going to provide TRICARE for our Guardsmen and Reservists. 
I think it is a pretty good idea, but that is just me. But there are a 
lot of other folks who think this is a good idea.
  This motion to recommit has been endorsed by the Military Officers 
Association of America, by the National Guard Association of America, 
by the Enlisted Association of the National Guard, a unanimous vote 
last weekend by the Adjutants General of the 54 States and territories, 
the Reserve Officers Association, and the Fleet Reserve Association.
  Mr. Chairman, we are all going to go to Memorial Day services on 
Monday. A heck of a lot of people in that crowd are going to be 
Guardsmen, Reservists and their families. They are going to know how we 
voted. So you can plan to maybe duck some and hide from some, you can 
give them some lame excuse that, well, it wasn't what my party wanted, 
it wasn't what my chairman wanted; or you can look that young person 
who in the next year might be the father of a child and say, You're a 
National Guardsman. You're a Reservist. We as a Nation are willing to 
help you pay for that child.
  Who in the next year may have cancer in their family, we are saying, 
Doggone it, you're serving your country. We're there to help you for 
that. Or that you have a preexisting condition. We all know how hard it 
is for someone who has a loved one with a preexisting condition to get 
insurance. We are telling them we value your service.
  On Monday, when you look them in the eye, I hope you will be in a 
position to say we appreciate your service. You were there for us. And 
last Wednesday night, I was there for you.
  Mr. HUNTER. Mr. Speaker, I rise in opposition to the motion to 
recommit.
  The SPEAKER pro tempore (Mr. LaHood). The gentleman from California 
(Mr. Hunter) is recognized for 5 minutes.
  Mr. HUNTER. Mr. Speaker, my good colleague from Mississippi has 
spoken of our great Guardsmen and Reservists a number of times in his 
very eloquent statement and talked about their deployment, their 
imminent deployment, or the deployment they are involved in right now 
or the one they are returning from in Afghanistan, Iraq, or other 
places around the world.

[[Page 11349]]

  We, in fact, do provide TRICARE. It is medical care for every one of 
them and every one of their dependents, for 90 days before mobilization 
and 180 days after mobilization.
  So this body, starting with the Committee on Armed Services and then 
the full House, moving and working with the Senate and with the 
President, have done that. Now, let me just tell you, there is a major 
problem from my perspective and I have looked at this during the last 
session and you have a major, major problem, because all of these 
people have jobs, they have employers who are carrying health care in 
the private sector right now. If you give an opportunity to employers, 
to the private sector, to terminate the health care that they are 
providing right now to their employees, once they understand that the 
government will pick up that health care pursuant to that status in the 
Guard, across the board, you are going to see that 18 percent of 
Guardsmen who right now do not have that health care, you are going to 
see that number go way up in the private sector and you are going to 
see, very simply, a large displacement of that burden from the private 
sector on to the DOD budget.
  That gets to another responsibility that everyone here has. We have a 
responsibility to replace those 18-year-old helicopters. We have a 
responsibility to replace those jet aircraft that average now in the 
Navy about 17\1/2\ years old. We have a responsibility to replace those 
tanks, those trucks, those ships. If we take that $5.8 billion that 
this will amount to over 5 years, much of which will be the shifting of 
this burden from the private sector to DOD, we may think we have served 
that Guardsman very well in one way, but we will disserve him in 
another way because he will not have the best equipment.
  Let me get to the issue at hand. We have a $500 billion bill which 
provides the tools to get the job done in this war against terror. The 
war really started when Todd Beamer, when that United flight was over 
Pennsylvania and he took on the terrorists and the last words we heard 
from him were, Let's roll. Let's roll echoed across the mountains of 
Afghanistan, through those dark canyons and those caves, across the 
sands of Iraq; and right now it is being carried in units like the 10th 
Mountain Division, the First Marine Division out to the western AO in 
Iraq, the First Armored Division in Baghdad, and all those great 
Guardsmen and Reservists who are fighting in this war against terror. 
We have provided in this bill the tools to get the job done.
  Let us pass this bill. Let's roll.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of the 
Taylor Motion to Recommit today on the issue of providing full TRICARE 
to all members of the Guard and Reserve and their families. I am most 
outraged by the fact that there will be no consideration of the Taylor 
amendment on TRICARE for reservists as well as the Salazar amendment on 
ending the Military Families Tax and the Marshall amendment on ending 
the Disabled Veterans Tax. These amendments are three key provisions in 
the GI Bill of Rights for the 21st Century, which House Democrats 
unveiled in March. It seems blatant, that the Rules Committee would not 
allow the full body to consider these vital amendments which could have 
greatly strengthened this Defense Authorization.
  My colleague Mr. Taylor's amendment would have provided full TRICARE 
to all members of the Guard and Reserve and their families. Currently, 
the Guard and Reserve are covered by TRICARE only when they are 
mobilized for active duty. Under the Taylor amendment, all members of 
the Guard and Reserve could buy into TRICARE for an affordable monthly 
premium. The Taylor amendment was in fact adopted by the Armed Services 
Committee by a vote of 32 to 30. However, after the mark-up, Chairman 
Hunter stripped the amendment from the bill based on a violation of the 
Budget Act, instead of allowing Representative Taylor to make a slight 
modification to his amendment which would have addressed the violation. 
It is the slightly modified version that Representative Taylor had 
sought the Rules Committee to make in order and which the Rules 
Committee has egregiously rejected for consideration. It is a travesty 
indeed because this amendment could have done so much good for so many 
Guardsmen and Reservists.
  The simple fact is that more than 433,000 of our National Guard and 
Reserves have been called up over the past two and one-half years. 
Reserve Components make up almost 50 percent of our forces in Iraq. It 
is time that we as a body recognize their service to our nation by 
providing TRICARE for Reserve Component personnel on a permanent basis. 
It is disgraceful that this Congress will not demonstrate the level of 
commitment for its citizen-soldiers that they so richly deserve.
  I know how TRICARE is insufficient for our men and women fighting 
abroad, I've talked to many of them in my district and it's sad that we 
can't provide them with the support they need when they are the ones 
making the ultimate sacrifice. The cuts to TRICARE over the years are 
despicable and soon we will have almost nothing to offer our men and 
women fighting abroad in the area of domestic care. Among those in 
Houston who have been brave enough to serve is Texas State 
Representative Rick Noriega who is with the Texas Army National Guard. 
He has served as state representative for District 145 for 6 years and 
when he was called to duty in Afghanistan he went to serve his nation, 
truly an inspiration to many. However, he left behind a wife and two 
children, who were proud, but unfortunately they were left with 
insufficient coverage by TRICARE. His family has suffered harsh 
treatment because they demanded more from TRICARE and weren't receiving 
it. Their story is not uncommon throughout the nation. Many doctors 
won't accept TRICARE because it is inadequate. The sad fact is that 20 
percent of all Reservists do not have health insurance, and 40 percent 
of Reservists aged 19 to 35 lack health coverage according to a 2003 
report by the General Accounting Office. According to the latest 
Defense Department data, 18 percent of activated Reservists have no 
medical coverage. These facts are deplorable, I pray for families like 
State Representative Noriega's and others who don't have access to 
sufficient care. How can we say that we are proud of our men and women 
fighting abroad when we can't even care for them and their families 
when they return to this nation of ours?
  I can only hope in the future that such significant legislation as 
this will involve the debate and full consideration of all necessary 
and relevant amendments. The men and women of our Armed Forces and 
indeed the American people as a whole deserve as much. Again, I rise in 
full support of the Taylor Motion to Recommit and consider this truly 
vital amendment on TRICARE.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. TAYLOR of Mississippi. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 9 of rule XX, the Chair 
will reduce to 5 minutes the minimum time for any electronic vote on 
the question of passage.
  The vote was taken by electronic device, and there were--ayes 211, 
noes 218, not voting 4, as follows:

                             [Roll No. 221]

                               AYES--211

     Abercrombie
     Ackerman
     Allen
     Andrews
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd
     Brady (PA)
     Brown (OH)
     Brown, Corrine
     Brown-Waite, Ginny
     Butterfield
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Case
     Chandler
     Clay
     Cleaver
     Clyburn
     Conyers
     Cooper
     Costa
     Costello
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (IL)
     Davis (TN)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Emanuel
     Engel
     Eshoo
     Etheridge
     Evans
     Farr
     Fattah
     Filner
     Ford
     Frank (MA)
     Gonzalez
     Goode
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Harman
     Hastings (FL)
     Herseth
     Higgins
     Hinchey
     Hinojosa
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson, E. B.
     Jones (NC)
     Jones (OH)
     Kanjorski
     Kaptur
     Kennedy (RI)
     Kildee
     Kilpatrick (MI)
     Kind
     Kucinich
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     Leach
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe

[[Page 11350]]


     Lowey
     Lynch
     Maloney
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McKinney
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Owens
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pelosi
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reyes
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Schakowsky
     Schiff
     Schwartz (PA)
     Scott (GA)
     Scott (VA)
     Serrano
     Shays
     Sherman
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Spratt
     Stark
     Strickland
     Stupak
     Tanner
     Tauscher
     Taylor (MS)
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Wexler
     Wilson (NM)
     Woolsey
     Wu
     Wynn

                               NOES--218

     Aderholt
     Akin
     Alexander
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Bass
     Beauprez
     Biggert
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boustany
     Bradley (NH)
     Brady (TX)
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Chocola
     Coble
     Cole (OK)
     Conaway
     Cox
     Crenshaw
     Cubin
     Culberson
     Cunningham
     Davis (KY)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     English (PA)
     Everett
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Goodlatte
     Granger
     Graves
     Green (WI)
     Gutknecht
     Hall
     Harris
     Hart
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hostettler
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Issa
     Istook
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, Sam
     Keller
     Kelly
     Kennedy (MN)
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     LaTourette
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Moran (KS)
     Murphy
     Musgrave
     Myrick
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Osborne
     Otter
     Oxley
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Porter
     Price (GA)
     Pryce (OH)
     Putnam
     Radanovich
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Royce
     Ryan (WI)
     Ryun (KS)
     Saxton
     Schwarz (MI)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Smith (NJ)
     Smith (TX)
     Sodrel
     Souder
     Stearns
     Sullivan
     Sweeney
     Tancredo
     Taylor (NC)
     Terry
     Thomas
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walden (OR)
     Walsh
     Wamp
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Whitfield
     Wicker
     Wilson (SC)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--4

     Brown (SC)
     Emerson
     Hastings (WA)
       
     Millender-McDonald

                              {time}  2026

  Mr. WHITFIELD changed his vote from ``aye'' to ``no.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore (Mr. LaHood). The question is on the passage 
of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. DeLAY. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 390, 
nays 39, not voting 4, as follows:

                             [Roll No. 222]

                               YEAS--390

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Andrews
     Baca
     Bachus
     Baird
     Baker
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bass
     Bean
     Beauprez
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blackburn
     Blunt
     Boehlert
     Boehner
     Bonilla
     Bonner
     Bono
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd
     Bradley (NH)
     Brady (PA)
     Brady (TX)
     Brown (OH)
     Brown, Corrine
     Brown-Waite, Ginny
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardin
     Cardoza
     Carnahan
     Carson
     Carter
     Case
     Castle
     Chabot
     Chandler
     Chocola
     Clay
     Cleaver
     Clyburn
     Coble
     Cole (OK)
     Conaway
     Cooper
     Costa
     Costello
     Cox
     Cramer
     Crenshaw
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Cunningham
     Davis (AL)
     Davis (CA)
     Davis (FL)
     Davis (KY)
     Davis (TN)
     Davis, Jo Ann
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     DeLauro
     DeLay
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Doolittle
     Doyle
     Drake
     Dreier
     Edwards
     Ehlers
     Emanuel
     Engel
     English (PA)
     Eshoo
     Etheridge
     Evans
     Everett
     Farr
     Fattah
     Feeney
     Ferguson
     Fitzpatrick (PA)
     Flake
     Foley
     Forbes
     Ford
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gibbons
     Gilchrest
     Gillmor
     Gingrey
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green (WI)
     Green, Al
     Green, Gene
     Gutknecht
     Hall
     Harman
     Harris
     Hart
     Hayes
     Hayworth
     Hefley
     Hensarling
     Herger
     Herseth
     Higgins
     Hinojosa
     Hobson
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hostettler
     Hoyer
     Hulshof
     Hunter
     Hyde
     Inglis (SC)
     Inslee
     Israel
     Issa
     Istook
     Jackson-Lee (TX)
     Jefferson
     Jenkins
     Jindal
     Johnson (CT)
     Johnson (IL)
     Johnson, E. B.
     Johnson, Sam
     Jones (NC)
     Kanjorski
     Kaptur
     Keller
     Kelly
     Kennedy (MN)
     Kennedy (RI)
     Kildee
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline
     Knollenberg
     Kolbe
     Kuhl (NY)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Leach
     Levin
     Lewis (CA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Maloney
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris
     McNulty
     Meehan
     Meek (FL)
     Meeks (NY)
     Melancon
     Menendez
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore (KS)
     Moran (KS)
     Moran (VA)
     Murphy
     Murtha
     Musgrave
     Myrick
     Nadler
     Napolitano
     Neal (MA)
     Neugebauer
     Ney
     Northup
     Norwood
     Nunes
     Nussle
     Obey
     Ortiz
     Osborne
     Otter
     Oxley
     Pallone
     Pascrell
     Pastor
     Pearce
     Pelosi
     Pence
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Pombo
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Ryun (KS)
     Sabo
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sanders
     Saxton
     Schiff
     Schwartz (PA)
     Schwarz (MI)
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Sessions
     Shadegg
     Shaw
     Shays
     Sherman
     Sherwood
     Shimkus
     Shuster
     Simmons
     Simpson
     Skelton
     Slaughter
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Sodrel
     Souder
     Spratt
     Stearns
     Strickland
     Stupak
     Sullivan
     Sweeney
     Tancredo
     Tanner
     Tauscher
     Taylor (MS)
     Taylor (NC)
     Terry
     Thomas
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Towns
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Visclosky
     Walden (OR)
     Walsh
     Wamp
     Wasserman Schultz
     Watson
     Waxman
     Weiner
     Weldon (FL)
     Weldon (PA)
     Weller
     Westmoreland
     Wexler
     Whitfield
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wolf
     Wynn
     Young (AK)
     Young (FL)

                                NAYS--39

     Baldwin
     Blumenauer
     Conyers
     Davis (IL)
     Delahunt
     Duncan
     Filner
     Frank (MA)
     Grijalva
     Gutierrez
     Hastings (FL)
     Hinchey
     Jackson (IL)
     Jones (OH)
     Kilpatrick (MI)
     Kucinich
     Lee
     Lewis (GA)
     McDermott
     McGovern
     McKinney

[[Page 11351]]


     Moore (WI)
     Oberstar
     Olver
     Owens
     Paul
     Payne
     Rangel
     Rush
     Schakowsky
     Serrano
     Solis
     Stark
     Tierney
     Velazquez
     Waters
     Watt
     Woolsey
     Wu

                             NOT VOTING--4

     Brown (SC)
     Emerson
     Hastings (WA)
       
     Millender-McDonald

                              {time}  2037

  So the bill was passed.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore (Mr. LaHood). Without objection, the 
committee amendment to the title is adopted.
  There was no objection.
  The text of the committee amendment to the title is as follows:
  Amend the title so as to read: ``A bill to authorize appropriations 
for fiscal year 2006 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________