    [109th Congress Public Law 163]
    [From the U.S. Government Publishing Office]

    [DOCID: f:publ163.109]

    [[Page 3135]]

             NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2006

    [[Page 119 STAT. 3136]]

    Public Law 109-163
    109th Congress

                                     An Act

    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. <<NOTE: Jan. 6,
                             2006 -  [H.R. 1815]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress <<NOTE: National Defense
    Authorization Act for Fiscal Year 2006.>> 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 utility helicopters.
    Sec. 112. Multiyear procurement authority for modernized target
               acquisition designation sight/pilot night vision sensors for
               AH-64 Apache attack helicopters.
    Sec. 113. Multiyear procurement authority for conversion of AH-64A
               Apache attack helicopters to the AH-64D Block II
               configuration.
    Sec. 114. Acquisition strategy for tactical wheeled vehicle programs.
    Sec. 115. Report on Army Modular Force Initiative.

                            Subtitle C--Navy Programs

    Sec. 121. Virginia-class submarine program.
    Sec. 122. LHA Replacement (LHA(R)) amphibious assault ship program.
    Sec. 123. Cost limitation for next-generation destroyer program.
    Sec. 124. Littoral Combat Ship (LCS) program.
    Sec. 125. Prohibition on acquisition of next-generation destroyer
               through a single shipyard.

    [[Page 119 STAT. 3137]]

    Sec. 126. Aircraft carrier force structure.
    Sec. 127. Refueling and complex overhaul of the U.S.S. Carl Vinson.
    Sec. 128. CVN-78 aircraft carrier.
    Sec. 129. LHA Replacement (LHA(R)) ship.
    Sec. 130. Report on alternative propulsion methods for surface
               combatants and amphibious warfare ships.

                         Subtitle D--Air Force Programs

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

                   Subtitle E--Joint and Multiservice Matters

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

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

                   Subtitle A--Authorization of Appropriations

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

         Subtitle B--Program Requirements, Restrictions, and Limitations

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

                      Subtitle C--Missile Defense Programs

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

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

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

                            Subtitle E--Other Matters

    Sec. 251. Comptroller General report on program element structure for
               research, development, test, and evaluation projects.

    [[Page 119 STAT. 3138]]

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

                      TITLE III--OPERATION AND MAINTENANCE

                   Subtitle A--Authorization of Appropriations

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

                      Subtitle B--Environmental Provisions

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

                     Subtitle C--Workplace and Depot Issues

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

                  Subtitle D--Extension of Program Authorities

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

                             Subtitle E--Outsourcing

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

                  Subtitle F--Analysis, Strategies, and Reports

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

    [[Page 119 STAT. 3139]]

    Sec. 360. Report on joint field training and experimentation on
               stability, security, transition, and reconstruction
               operations.
    Sec. 361. Reports on budgeting relating to sustainment of key military
               equipment.
    Sec. 362. Repeal of Air Force report on military installation
               encroachment issues.

                            Subtitle G--Other Matters

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

                    Subtitle H--Utah Test and Training Range

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

                   TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                            Subtitle A--Active Forces

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

                           Subtitle B--Reserve Forces

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

                   Subtitle C--Authorization of Appropriations

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

                       TITLE V--MILITARY PERSONNEL POLICY

                      Subtitle A--Officer Personnel Policy

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

    [[Page 119 STAT. 3140]]

    Sec. 510. Authority for designation of a general/flag officer position
               on the Joint Staff to be held by reserve component general or
               flag officer on active duty.

                    Subtitle B--Reserve Component Management

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

                       Subtitle C--Education and Training

                 Part I--Department of Defense Schools Generally

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

                Part II--United States Naval Postgraduate School

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

                   Part III--Reserve Officers' Training Corps

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

                             Part IV--Other Matters

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

                    Subtitle D--General Service Requirements

    Sec. 541. Ground combat and other exclusion policies.
    Sec. 542. Uniform citizenship or residency requirements for enlistment
               in the Armed Forces.
    Sec. 543. Increase in maximum age for enlistment.
    Sec. 544. Increase in maximum term of original enlistment in regular
               component.
    Sec. 545. National Call to Service program.

    [[Page 119 STAT. 3141]]

    Sec. 546. Reports on information provided to potential recruits and to
               new entrants into the Armed Forces on ``stop loss''
               authorities and initial period of military service
               obligation.

            Subtitle E--Military Justice and Legal Assistance Matters

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

                   Subtitle F--Matters Relating to Casualties

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

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

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

                       Subtitle H--Decorations and Awards

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

                     Subtitle I--Consumer Protection Matters

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

              Subtitle J--Reports and Sense of Congress Statements

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

                            Subtitle K--Other Matters

    Sec. 589. Expansion and enhancement of authority to present recognition
               items for recruitment and retention purposes.
    Sec. 590. Extension of date of submittal of report of Veterans'
               Disability Benefits Commission.
    Sec. 591. Recruitment and enlistment of home-schooled students in the
               Armed Forces.
    Sec. 592. Modification of requirement for certain intermediaries under
               certain authorities relating to adoptions.

    [[Page 119 STAT. 3142]]

    Sec. 593. Adoption leave for members of the Armed Forces adopting
               children.
    Sec. 594. Addition of information to be covered in mandatory
               preseparation counseling.
    Sec. 595. Report on Transition Assistance Programs.
    Sec. 596. Improvement to Department of Defense capacity to respond to
               sexual assault affecting members of the Armed Forces.
    Sec. 597. Authority for appointment of Coast Guard flag officer as Chief
               of Staff to the President.
    Sec. 598. Prayer at military service academy activities.
    Sec. 599. Modification of authority to make military working dogs
               available for adoption.

               TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                         Subtitle A--Pay and Allowances

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

               Subtitle B--Bonuses and Special and Incentive Pays

    Sec. 621. Extension or resumption of certain bonus and special pay
               authorities for reserve forces.
    Sec. 622. Extension of certain bonus and special pay authorities for
               certain health care professionals.
    Sec. 623. Extension of special pay and bonus authorities for nuclear
               officers.
    Sec. 624. Extension of other bonus and special pay authorities.
    Sec. 625. Eligibility of oral and maxillofacial surgeons for incentive
               special pay.
    Sec. 626. Eligibility of dental officers for additional special pay.
    Sec. 627. Increase in maximum monthly rate authorized for hardship duty
               pay.
    Sec. 628. Flexible payment of assignment incentive pay.
    Sec. 629. Active-duty reenlistment bonus.
    Sec. 630. Reenlistment bonus for members of the Selected Reserve.
    Sec. 631. Consolidation and modification of bonuses for affiliation or
               enlistment in the Selected Reserve.
    Sec. 632. Expansion and enhancement of special pay for enlisted members
               of the Selected Reserve assigned to certain high priority
               units.
    Sec. 633. Eligibility requirements for prior service enlistment bonus.
    Sec. 634. Increase and enhancement of affiliation bonus for officers of
               the Selected Reserve.
    Sec. 635. Increase in authorized maximum amount of enlistment bonus.
    Sec. 636. Discretion of Secretary of Defense to authorize retroactive
               hostile fire and imminent danger pay.
    Sec. 637. Increase in maximum bonus amount for nuclear-qualified
               officers extending period of active duty.
    Sec. 638. Increase in maximum amount of nuclear career annual incentive
               bonus for nuclear-qualified officers trained while serving as
               enlisted members.
    Sec. 639. Uniform payment of foreign language proficiency pay to
               eligible reserve component members and regular component
               members.

    [[Page 119 STAT. 3143]]

    Sec. 640. Retention bonus for members qualified in certain critical
               skills or assigned to high priority units.
    Sec. 641. Incentive bonus for transfer between Armed Forces.
    Sec. 642. Availability of special pay for members during rehabilitation
               from wounds, injuries, and illnesses incurred in a combat
               operation or combat zone.
    Sec. 643. Pay and benefits to facilitate voluntary separation of
               targeted members of the Armed Forces.
    Sec. 644. Ratification of payment of critical-skills accession bonus for
               persons enrolled in Senior Reserve Officers' Training Corps
               obtaining nursing degrees.
    Sec. 645. Temporary authority to pay bonus to encourage members of the
               Army to refer other persons for enlistment in the Army.

                Subtitle C--Travel and Transportation Allowances

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

                  Subtitle D--Retired Pay and Survivor Benefits

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

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

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

                            Subtitle F--Other Matters

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

    [[Page 119 STAT. 3144]]

                        TITLE VII--HEALTH CARE PROVISIONS

            Subtitle A--Improvements to Health Benefits for Reserves

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

                    Subtitle B--TRICARE Program Improvements

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

                  Subtitle C--Mental Health-Related Provisions

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

                         Subtitle D--Studies and Reports

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

                            Subtitle E--Other Matters

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

    [[Page 119 STAT. 3145]]

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

      Subtitle A--Provisions Relating to Major Defense Acquisition Programs

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

                  Subtitle B--Acquisition Policy and Management

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

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

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

          Subtitle D--United States Defense Industrial Base Provisions

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

                            Subtitle E--Other Matters

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

    [[Page 119 STAT. 3146]]

           TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

          Subtitle A--General Department of Defense Management Matters

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

                          Subtitle B--Space Activities

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

                  Subtitle C--Chemical Demilitarization Program

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

                    Subtitle D--Intelligence-Related Matters

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

                           TITLE X--GENERAL PROVISIONS

                          Subtitle A--Financial Matters

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

                     Subtitle B--Naval Vessels and Shipyards

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

                       Subtitle C--Counter-Drug Activities

    Sec. 1021. Resumption of reporting requirement regarding Department of
               Defense expenditures to support foreign counter-drug
               activities.

    [[Page 119 STAT. 3147]]

    Sec. 1022. Clarification of authority for joint task forces to support
               law enforcement agencies conducting counter-terrorism
               activities.
    Sec. 1023. Sense of Congress regarding drug trafficking deterrence.

                Subtitle D--Matters Related to Homeland Security

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

                         Subtitle E--Reports and Studies

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

                            Subtitle F--Other Matters

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

                        Subtitle G--Military Mail Matters

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

                      TITLE XI--CIVILIAN PERSONNEL MATTERS

                      Subtitle A--Extensions of Authorities

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

                     Subtitle B--Veterans Preference Matters

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

                            Subtitle C--Other Matters

    Sec. 1121. Transportation of family members in connection with the
               repatriation of Federal employees held captive.
    Sec. 1122. Strategic human capital plan for civilian employees of the
               Department of Defense.

    [[Page 119 STAT. 3148]]

    Sec. 1123. Independent study on features of successful personnel
               management systems of highly technical and scientific
               workforces.
    Sec. 1124. Support by Department of Defense of pilot project for
               Civilian Linguist Reserve Corps.
    Sec. 1125. Increase in authorized number of positions in Defense
               Intelligence Senior Executive Service.

                 TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                       Subtitle A--Assistance and Training

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

          Subtitle B--Nonproliferation Matters and Countries of Concern

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

              Subtitle C--Reports and Sense of Congress Provisions

    Sec. 1221. War-related reporting requirements.
    Sec. 1222. Quarterly reports on war strategy in Iraq.
    Sec. 1223. Report on records of civilian casualties in Afghanistan and
               Iraq.
    Sec. 1224. Annual report on Department of Defense costs to carry out
               United Nations resolutions.
    Sec. 1225. Report on claims related to the bombing of the LaBelle
               Discotheque.
    Sec. 1226. Sense of Congress concerning cooperation with Russia on
               issues pertaining to missile defense.
    Sec. 1227. United States policy on Iraq.

                            Subtitle D--Other Matters

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

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

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

                    TITLE XIV--MATTERS RELATING TO DETAINEES

    Sec. 1401. Short title.
    Sec. 1402. Uniform standards for the interrogation of persons under the
               detention of the Department of Defense.
    Sec. 1403. Prohibition on cruel, inhuman, or degrading treatment or
               punishment of persons under custody or control of the United
               States Government.

    [[Page 119 STAT. 3149]]

    Sec. 1404. Protection of United States Government personnel engaged in
               authorized interrogations.
    Sec. 1405. Procedures for status review of detainees outside the United
               States.
    Sec. 1406. Training of Iraqi security forces regarding treatment of
               detainees.

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

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

                Division  B--Military Construction Authorizations

    Sec. 2001. Short title.

                                 TITLE XXI--ARMY

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

                                TITLE XXII--NAVY

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

                             TITLE XXIII--AIR FORCE

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

                          TITLE XXIV--DEFENSE AGENCIES

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

       TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
                                     PROGRAM

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

                 TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

             TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

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

                        TITLE XXVIII--GENERAL PROVISIONS

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

    Sec. 2801. Modification of congressional notification requirements for
               certain military construction activities.

    [[Page 119 STAT. 3150]]

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

             Subtitle B--Real Property and Facilities Administration

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

                    Subtitle C--Base Closure and Realignment

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

                          Subtitle D--Land Conveyances

                            Part I--Army Conveyances

    Sec. 2841. Land conveyance, Camp Navajo, Arizona.
    Sec. 2842. Land conveyance, Iowa Army Ammunition Plant, Middletown,
               Iowa.
    Sec. 2843. Land conveyance, Helena, Montana.
    Sec. 2844. Lease authority, Army Heritage and Education Center,
               Carlisle, Pennsylvania.
    Sec. 2845. Land exchange, Fort Hood, Texas.
    Sec. 2846. Modification of land conveyance, Engineer Proving Ground,
               Fort Belvoir, Virginia.
    Sec. 2847. Land conveyance, Fort Belvoir, Virginia.
    Sec. 2848. Land conveyance, Army Reserve Center, Bothell, Washington.

                            Part II--Navy Conveyances

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

    [[Page 119 STAT. 3151]]

                         Part III--Air Force Conveyances

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

                            Subtitle E--Other Matters

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

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

           TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              Subtitle A--National Security Programs Authorizations

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

                            Subtitle B--Other Matters

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

              TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

    Sec. 3201. Authorization.

                    TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

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

                      TITLE XXXIV--NAVAL PETROLEUM RESERVES

    Sec. 3401. Authorization of appropriations.

                       TITLE XXXV--MARITIME ADMINISTRATION

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

    [[Page 119 STAT. 3152]]

    Sec. 3509. United States Maritime Service.
    Sec. 3510. Awards and medals.

    SEC. 3. <<NOTE: 10 USC 101 note.>> CONGRESSIONAL DEFENSE COMMITTEES.

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

                DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                              TITLE I--PROCUREMENT

                   Subtitle A--Authorization of Appropriations

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

                            Subtitle B--Army Programs

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

                            Subtitle C--Navy Programs

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

                         Subtitle D--Air Force Programs

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

                   Subtitle E--Joint and Multiservice Matters

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

                   Subtitle A--Authorization of Appropriations

    SEC. 101. ARMY.

        Funds are hereby authorized to be appropriated for fiscal year 2006
    for procurement for the Army as follows:

    [[Page 119 STAT. 3153]]

                (1) For aircraft, $2,792,580,000.
                (2) For missiles, $1,246,850,000.
                (3) For weapons and tracked combat vehicles, $1,652,949,000.
                (4) For ammunition, $1,738,872,000.
                (5) For other procurement, $4,328,934,000.

    SEC. 102. NAVY AND MARINE CORPS.

        (a) Navy.--Funds are hereby authorized to be appropriated for fiscal
    year 2006 for procurement for the Navy as follows:
                (1) For aircraft, $9,803,126,000.
                (2) For weapons, including missiles and torpedoes,
            $2,737,841,000.
                (3) For shipbuilding and conversion, $8,880,623,000.
                (4) For other procurement, $5,518,287,000.

        (b) Marine Corps.--Funds are hereby authorized to be appropriated
    for fiscal year 2006 for procurement for the Marine Corps in the amount
    of $1,396,705,000.
        (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
    to be appropriated for fiscal year 2006 for procurement of ammunition
    for the Navy and the Marine Corps in the amount of $867,470,000.

    SEC. 103. AIR FORCE.

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

    SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

                            Subtitle B--Army Programs

    SEC. 111. MULTIYEAR PROCUREMENT AUTHORITY FOR UTILITY HELICOPTERS.

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

    [[Page 119 STAT. 3154]]

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

        (a) Authority.--The Secretary of the Army may, in accordance with
    section 2306b of title 10, United States Code, enter into a multiyear
    contract, beginning with the fiscal year 2006 program year, for
    procurement of modernized target acquisition designation sight/pilot
    night vision sensors for AH-64 Apache attack helicopters.
        (b) Limitation on Term of Contract.--Notwithstanding subsection (k)
    of section 2306b of title 10, United States Code, a contract under this
    section may not be for a period in excess of four program years.

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

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

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

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

    SEC. 115. REPORT ON ARMY MODULAR FORCE INITIATIVE.

        (a) Report.--The Secretary of the Army shall submit to the
    congressional defense committees a report on the complex of programs
    referred to as the Army Modular Force Initiative. The report shall be
    submitted not later than 30 days after the date of the submission to
    Congress of a request by the President for the enactment of emergency
    supplemental appropriations for the Department of Defense for fiscal
    year 2006.
        (b) Matters to Be Included.--The report under subsection (a) shall
    include the following:

    [[Page 119 STAT. 3155]]

                (1) A specification of each acquisition program of the Army
            that is considered by the Secretary of the Army to be part of
            the complex of programs constituting the Army Modular Force
            Initiative.
                (2) For each program specified under paragraph (1), the
            acquisition objective of the program, the funding profile of the
            program, and the requirement for the program.
                (3) The requirements of each such program that, under
            current funding plans of the Department of Defense for fiscal
            years after fiscal year 2006, would not be funded.
                (4) A detailed accounting of the amounts for the Army
            Modular Force Initiative in the request for supplemental
            appropriations referred to in subsection (a).

                            Subtitle C--Navy Programs

    SEC. 121. VIRGINIA-CLASS SUBMARINE PROGRAM.

        (a) Limitation of Costs.--Except as provided in subsection (b), the
    total amount obligated or expended for procurement of the five Virginia-
    class submarines designated as SSN-779, SSN-780, SSN-781, SSN-782, and
    SSN-783 may not exceed the following amounts:
                (1) For the SSN-779 submarine, $2,330,000,000.
                (2) For the SSN-780 submarine, $2,470,000,000.
                (3) For the SSN-781 submarine, $2,550,000,000.
                (4) For the SSN-782 submarine, $2,670,000,000.
                (5) For the SSN-783 submarine, $2,720,000,000.

        (b) Adjustment of Limitation Amounts.--The Secretary of the Navy may
    adjust the amount set forth in subsection (a) for any Virginia-class
    submarine specified in that subsection by the following:
                (1) The amounts of increases or decreases in costs
            attributable to economic inflation after September 30, 2005.
                (2) The amounts of increases or decreases in costs
            attributable to compliance with changes in Federal, State, or
            local laws enacted after September 30, 2005.
                (3) The amounts of outfitting costs and post-delivery costs
            incurred for that submarine.
                (4) The amounts of increases or decreases in costs of that
            submarine that are attributable to insertion of new technology
            into that submarine, as compared to the technology built into
            the lead vessel of the Virginia class.

        (c) Limitation on Technology Insertion Cost Adjustment.--The
    Secretary of the Navy may use the authority under paragraph (4) of
    subsection (b) to adjust the amount set forth in subsection (a) for any
    Virginia-class submarine with respect to insertion of new technology
    into that submarine only if--
                (1) the Secretary determines, and certifies to the
            congressional defense committees, that insertion of the new
            technology would lower the life-cycle cost of the submarine; or
                (2) the Secretary determines, and certifies to the
            congressional defense committees, that insertion of the new
            technology is required to meet an emerging threat and the
            Secretary of Defense certifies to those committees that such
            threat poses grave harm to national security.

    [[Page 119 STAT. 3156]]

        (d) Notice to Congress of Program Changes.--The Secretary of the
    Navy shall submit to the congressional defense committees each year, at
    the same time that the budget is submitted under section 1105(a) of
    title 31, United States Code, for the next fiscal year, written notice
    of any change in any of the amounts set forth in subsection (a) during
    the preceding fiscal year that the Secretary has determined to be
    associated with a cost referred to in subsection (b).

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

        (a) Limitation on Procurement Funds.--Of the funds available to the
    Department of the Navy for Shipbuilding and Conversion, Navy, for fiscal
    year 2006 for procurement for the LHA Replacement (LHA(R)) amphibious
    assault ship program, not more than 70 percent may be obligated or
    expended until the Secretary of the Navy submits to the congressional
    defense committees the Secretary's certification in writing that--
                (1) a detailed operational requirements document for the
            program has been approved within the Department of Defense by an
            appropriate approval authority; and
                (2) there exists a stable design for the LHA(R) class of
            vessels.

        (b) Stable Design.--For purposes of this section, the design of a
    class of vessels shall be considered to be stable when no substantial
    change to the design is anticipated.

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

        (a) Limitation of Costs.--Except as provided in subsection (b), the
    total amount obligated or expended for procurement of the fifth vessel
    in the next-generation destroyer program may not exceed $2,300,000,000.
        (b) Adjustment of Limitation Amount.--The Secretary of the Navy may
    adjust the amount set forth in subsection (a) for the vessel referred to
    in that subsection by the following:
                (1) The amounts of increases or decreases in costs
            attributable to economic inflation after September 30, 2005.
                (2) The amounts of increases or decreases in costs
            attributable to compliance with changes in Federal, State, or
            local laws enacted after September 30, 2005.
                (3) The amounts of outfitting costs and post-delivery costs
            incurred for that vessel.
                (4) The amounts of increases or decreases in costs of that
            vessel that are attributable to insertion of new technology into
            that vessel, as compared to the technology built into the lead
            vessel of the next-generation destroyer program class.

        (c) Limitation on Technology Insertion Cost Adjustment.--The
    Secretary of the Navy may use the authority under paragraph (4) of
    subsection (b) to adjust the amount set forth in subsection (a) for the
    vessel referred to in that subsection with respect to insertion of new
    technology into that vessel only if--
                (1) the Secretary determines, and certifies to the
            congressional defense committees, that insertion of the new
            technology would lower the life-cycle cost of the vessel; or
                (2) the Secretary determines, and certifies to the
            congressional defense committees, that insertion of the new
            technology is required to meet an emerging threat and the
            Secretary

    [[Page 119 STAT. 3157]]

            of Defense certifies to those committees that such threat poses
            grave harm to national security.

        (d) Written Notice of Change in Amount.--
                (1) Requirement.--The Secretary of the Navy shall submit to
            the congressional defense committees each year, at the same time
            that the budget is submitted under section 1105(a) of title 31,
            United States Code, for the next fiscal year, written notice of
            any change in the amount set forth in subsection (a) during the
            preceding fiscal year that the Secretary has determined to be
            associated with a cost referred to in subsection (b).
                (2) Effective date.--The requirement in paragraph (1) shall
            become effective with the budget request for the year of
            procurement of the vessel referred to in subsection (a), such
            year being the fiscal year in which the Secretary of the Navy
            intends to award a contract for detail design and construction.

        (e) Next-Generation Destroyer Program.--In this section, the term
    ``next-generation destroyer program'' means the program to acquire and
    deploy a new class of destroyers as the follow-on to the Arleigh Burke
    class of destroyers.

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

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

        (c) Limitation on Technology Insertion Cost Adjustment.--The
    Secretary of the Navy may use the authority under paragraph (4) of
    subsection (b) to adjust the amount set forth in subsection (a) for any
    vessel referred to in that subsection with respect to insertion of new
    technology into that vessel only if--
                (1) the Secretary determines, and certifies to the
            congressional defense committees, that insertion of the new
            technology would lower the life-cycle cost of the vessel; or
                (2) the Secretary determines, and certifies to the
            congressional defense committees, that insertion of the new
            technology is required to meet an emerging threat and the
            Secretary of Defense certifies to those committees that such
            threat poses grave harm to national security.

        (d) Annual Report on Cost Growth.--

    [[Page 119 STAT. 3158]]

                (1) Requirement.--The Secretary of the Navy shall submit to
            the congressional defense committees each year, at the same time
            that the budget is submitted under section 1105(a) of title 31,
            United States Code, for the next fiscal year, written notice of
            any change in the amount set forth in subsection (a) during the
            preceding fiscal year that the Secretary has determined to be
            associated with a cost referred to in subsection (b).
                (2) Effective date.--The requirement in paragraph (1) shall
            become effective with the budget request for the year of
            procurement of the fifth and sixth vessels in the Littoral
            Combat Ship (LCS) class of vessels, such year being the fiscal
            year in which the Secretary of the Navy intends to award a
            contract for detail design and construction of those vessels.

        (e) Annual Report on Mission Packages.--The Secretary of the Navy
    shall submit to the congressional defense committees each year, at the
    same time as the President's budget for the next fiscal year is
    submitted under section 1105(a) of title 31, United States Code, a
    report that provides current information regarding the content of any
    element of the Littoral Combat Ship (LCS) class of vessels that is
    designated as a ``mission package'', the estimated cost of any such
    element, and the total number of such elements anticipated.
        (f) Limitation on Ships and Mission Modules.--No funds available to
    the Navy may be used for the procurement of Littoral Combat Ships, or
    elements for such Littoral Combat Ships referred to in subsection (e),
    after procurement of the first four vessels in the Littoral Combat Ship
    (LCS) class until the Secretary of the Navy submits to the congressional
    defense committees the Secretary's certification in writing that there
    exist stable designs for the Littoral Combat Ship class of vessels.
        (g) Stable Design.--For purposes of this section, the designs of a
    class of vessels shall be considered to be stable when no substantial
    change to those designs is anticipated.

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

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

    [[Page 119 STAT. 3159]]

    SEC. 126. AIRCRAFT CARRIER FORCE STRUCTURE.

        (a) Requirement for 12 Operational Aircraft Carriers Within the
    Navy.--Section 5062 of title 10, United States Code, is amended--
                (1) by redesignating subsections (b) and (c) as subsections
            (c) and (d), respectively; and
                (2) by inserting after subsection (a) the following new
            subsection (b):

        ``(b) The naval combat forces of the Navy shall include not less
    than 12 operational aircraft carriers. For purposes of this subsection,
    an operational aircraft carrier includes an aircraft carrier that is
    temporarily unavailable for worldwide deployment due to routine or
    scheduled maintenance or repair.''.
        (b) Funding for Repair and Maintenance of U.S.S. John F. Kennedy.--
    Of the amounts available for operation and maintenance for the Navy
    pursuant to this Act and any other Act for fiscal year 2006, not more
    than $288,000,000 shall be available for repair and maintenance to
    extend the life of the U.S.S. John F. Kennedy (CVN-67).

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

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

    SEC. 128. CVN-78 AIRCRAFT CARRIER.

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

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

        (a) Amount Authorized From SCN Account for Fiscal Year 2006.--Of the
    amount authorized to be appropriated by section 102(a)(3) for fiscal
    year 2006 for shipbuilding and conversion, Navy, $200,447,000 shall be
    available for design, advance procurement, advance construction, detail
    design, and construction with respect to the LHA Replacement (LHA(R))
    ship.
        (b) Amounts Authorized From SCN Account for Fiscal Years 2007 and
    2008.--Amounts authorized to be appropriated for fiscal years 2007 and
    2008 for shipbuilding and conversion,

    [[Page 119 STAT. 3160]]

    Navy, shall be available for construction with respect to the LHA
    Replacement ship.
        (c) Contract Authority.--
                (1) Design, advance procurement, and advance construction.--
            The Secretary of the Navy may enter into a contract during
            fiscal year 2006 for design, advance procurement, and advance
            construction with respect to the LHA Replacement ship.
                (2) Detail design and construction.--The Secretary may enter
            into a contract during fiscal year 2006 for the detail design
            and construction of the LHA Replacement ship.

        (d) Condition for Out-Year Contract Payments.--A contract entered
    into under subsection (c) shall provide that any obligation of the
    United States to make a payment under the contract for a fiscal year
    after fiscal year 2006 is subject to the availability of appropriations
    for that purpose for such fiscal year.
        (e) Funding as Increment of Full Funding.--The amounts available
    under subsections (a) and (b) for the LHA Replacement ship are the first
    increments of funding for the full funding of the LHA Replacement
    (LHA(R)) ship program.

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

        (a) Analysis of Alternatives.--The Secretary of the Navy shall
    conduct an analysis of alternative propulsion methods for surface
    combatant vessels and amphibious warfare ships of the Navy.
        (b) Report.--The Secretary shall submit to the congressional defense
    committees a report on the analysis of alternative propulsion systems
    carried out under subsection (a). The report shall be submitted not
    later than November 1, 2006.
        (c) Matters to Be Included.--The report under subsection (b) shall
    include the following:
                (1) The key assumptions used in carrying out the analysis
            under subsection (a).
                (2) The methodology and techniques used in conducting the
            analysis.
                (3) A description of current and future technology relating
            to propulsion that has been incorporated in recently-designed
            surface combatant vessels and amphibious warfare ships or that
            is expected to be available for those types of vessels within
            the next 10-to-20 years.
                (4) A description of each propulsion alternative for surface
            combatant vessels and amphibious warfare ships that was
            considered under the study and an analysis and evaluation of
            each such alternative from an operational and cost-effectiveness
            standpoint.
                (5) A comparison of the life-cycle costs of each propulsion
            alternative.
                (6) For each nuclear propulsion alternative, an analysis of
            when that nuclear propulsion alternative becomes cost effective
            as the price of a barrel of crude oil increases for each type of
            surface combatant vessel and each type of amphibious warfare
            ship.
                (7) The conclusions and recommendations of the study,
            including those conclusions and recommendations that could

    [[Page 119 STAT. 3161]]

            impact the design of future ships or lead to modifications of
            existing ships.
                (8) The Secretary's intended actions, if any, for
            implementation of the conclusions and recommendations of the
            study.

        (d) Life-Cycle Costs.--For purposes of this section, the term
    ``life-cycle costs'' includes those elements of cost that would be
    considered for a life-cycle cost analysis for a major defense
    acquisition program.

                         Subtitle D--Air Force Programs

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

        (a) Multiyear Procurement Authorized.--Subject to subsection (b),
    the Secretary of the Air Force may, in accordance with section 2306b of
    title 10, United States Code, enter into a multiyear contract, beginning
    with the fiscal year 2006 program year, for the procurement of up to 42
    additional C-17 aircraft.
        (b) Certification Required.--The Secretary of the Air Force may not
    exercise the authority in subsection (a) until the Secretary of Defense
    submits to the congressional defense committees a certification that the
    additional airlift capacity to be provided by the C-17 aircraft to be
    procured under that authority is consistent with the assessment of the
    intertheater airlift capabilities required to support the national
    defense strategy carried out pursuant to subsection (c) and submitted to
    the congressional committees pursuant to subsection (d).
        (c) Assessment of Intertheater Airlift Requirements.--
                (1) Requirement.--The Secretary of Defense shall carry out
            an assessment of the intertheater airlift capabilities required
            to support the national defense strategy. The assessment shall
            include development of recommendations for future airlift force
            structure requirements, together with an explanation for
            each <<NOTE: Reports.>> such recommendation. The Secretary shall
            submit the assessment pursuant to subsection (d).
                (2) Additional information.--In the report on the results of
            the assessment required by paragraph (1), the Secretary shall
            explain how the recommendations for future airlift force
            structure requirements in that report take into account the
            following:
                        (A) The increased airlift demands associated with
                    the Army modular brigade combat teams.
                        (B) The objective to be able to deliver--
                              (i) a brigade combat team anywhere in the
                          world within four to seven days;
                              (ii) a division anywhere in the world within
                          10 days; and
                              (iii) multiple divisions anywhere in the world
                          within 20 days.
                        (C) The increased airlift demands associated with
                    the expanded scope of operational activities of the
                    Special Operations forces.
                        (D) The realignment of the overseas basing structure
                    in accordance with the Integrated Presence and Basing
                    Strategy announced by the Secretary of Defense on March
                    20, 2003.

    [[Page 119 STAT. 3162]]

                        (E) Adjustments in the force structure to meet
                    homeland defense requirements.
                        (F) The potential for simultaneous homeland defense
                    activities and major combat operations.
                        (G) Potential changes in requirements for
                    intratheater airlift or sealift capabilities.
                        (H) The capability of the Civil Reserve Air Fleet to
                    provide adequate augmentation in meeting global mobility
                    requirements.

        (d) <<NOTE: Reports.>> Submission of Assessment of Intertheater
    Airlift Requirements.--
                (1) Inclusion in quadrennial defense review.--Subject to
            paragraph (2), the assessment of the intertheater airlift
            capabilities required to support the national defense strategy
            required by subsection (c)(1) shall be carried out as part of
            the quadrennial defense review under section 118 of title 10,
            United States Code, in 2005 and in accordance with the
            provisions of subsection (d)(9) of that section, and the report
            under subsection (c)(1) on that assessment shall be included in
            the report on that quadrennial defense review submitted to the
            Committees on Armed Services of the Senate and House of
            Representatives with the budget of the President for fiscal year
            2007 (as submitted under section 1105(a) of title 31, United
            States Code).
                (2) Alternative submission.--If the Secretary of Defense
            determines that, because of the date required by law for the
            submission of the report on the quadrennial defense review
            referred to in paragraph (1), the assessment of the intertheater
            airlift capabilities required to support the national defense
            strategy required by subsection (c)(1) cannot be carried out as
            part of the quadrennial defense review referred to in paragraph
            (1), the Secretary may submit the report of such assessment not
            later than 45 days after the date of the submission of that
            review pursuant to section 118(d) of title 10, United States
            Code. In that case, the Secretary shall submit the report of
            such assessment to the congressional defense committees.

        (e) Maintenance of C-17 Aircraft Production Line.--If the Secretary
    of Defense is unable to make the certification specified in subsection
    (b), the Secretary of the Air Force should procure sufficient C-17
    aircraft to maintain the C-17 aircraft production line at not less than
    the minimum sustaining rate until sufficient flight test data regarding
    improved C-5 aircraft mission capability rates as a result of the
    Reliability Enhancement and Re-engining Program and Avionics
    Modernization Program have been obtained to determine the validity of
    assumptions concerning the C-5 aircraft used in the Mobility
    Capabilities Study.

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

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

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

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

    [[Page 119 STAT. 3163]]

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

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

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

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

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

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

                   Subtitle E--Joint and Multiservice Matters

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

        (a) Requirement.--The Secretary of Defense shall take such steps as
    necessary to ensure that (except as specified in subsection (c)) all
    tactical unmanned aerial vehicles (UAVs) of the Army, Navy, Marine
    Corps, and Air Force are equipped and configured so that--

    [[Page 119 STAT. 3164]]

                (1) the data link used by those vehicles is the Department
            of Defense standard tactical unmanned aerial vehicle data link
            known as the Tactical Common Data Link (TCDL), until such time
            as the Tactical Common Data Link standard is replaced by an
            updated standard for use by those vehicles; and
                (2) those vehicles use data formats consistent with the
            architectural standard for tactical unmanned aerial vehicles
            known as STANAG 4586, developed to facilitate multinational
            interoperability among NATO member nations.

        (b) Funding Limitation.--After December 1, 2006, no funds available
    to the Department of Defense may be used to enter into a contract for
    procurement of a new tactical unmanned aerial vehicle system with data
    links other than as required by subsection (a)(1).
        (c) Waiver Authority.--The Under Secretary of Defense for
    Acquisition, Technology, and Logistics may waive the applicability of
    subsection (a) to any tactical unmanned aerial vehicle if the Under
    Secretary determines, and certifies to the congressional defense
    committees, that it would be technologically infeasible or
    uneconomically acceptable to integrate a tactical data link specified in
    that subsection into that tactical unmanned aerial vehicle.
        (d) Report.--Not later than February 1, 2006, the Secretary of each
    military department shall submit to Congress a report on the status of
    implementation of standard data links for unmanned aerial vehicles under
    the jurisdiction of the Secretary in accordance with subsection (a).

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

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

    SEC. 143. ADVANCED SEAL DELIVERY SYSTEM.

        (a) Limitation.--Of the amounts authorized to be appropriated for
    fiscal year 2006 for operation and maintenance, Defense-wide, that are
    available for the United States Special Operations Command, $10,100,000
    may not be obligated or expended until the Secretary of Defense submits
    to the congressional defense committees each of the following:
                (1) The Secretary's certification that the Secretary has
            revalidated the requirement for the Advanced SEAL Delivery
            System.
                (2) A report on the Advanced SEAL Delivery System program
            that, at a minimum, includes--
                        (A) the conclusions of the quadrennial defense
                    review concerning the program;

    [[Page 119 STAT. 3165]]

                        (B) the number of boats required for the program and
                    the manner of their expected employment;
                        (C) an updated cost estimate for the program; and
                        (D) a timeline for addressing the technological
                    challenges faced by the program by March 1, 2006.

        (b) Report on Ongoing Critical Systems Review.--Not later than
    January 1, 2007, the Secretary shall submit to the congressional defense
    committees a report providing the conclusions of the ongoing critical
    systems review with respect to the Advanced SEAL Delivery System
    program.

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

                   Subtitle A--Authorization of Appropriations

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

         Subtitle B--Program Requirements, Restrictions, and Limitations

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

                      Subtitle C--Missile Defense Programs

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

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

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

                            Subtitle E--Other Matters

    Sec. 251. Comptroller General report on program element structure for
               research, development, test, and evaluation projects.
    Sec. 252. Research and development efforts for purposes of small
               business research.
    Sec. 253. Revised requirements relating to submission of Joint
               Warfighting Science and Technology Plan.
    Sec. 254. Report on efficiency of naval shipbuilding industry.
    Sec. 255. Technology transition.

    [[Page 119 STAT. 3166]]

    Sec. 256. Prevention, mitigation, and treatment of blast injuries.
    Sec. 257. Modification of requirements for annual report on DARPA
               program to award cash prizes for advanced technology
               achievements.
    Sec. 258. Designation of facilities and resources constituting the Major
               Range and Test Facility Base.
    Sec. 259. Report on cooperation between Department of Defense and
               National Aeronautics and Space Administration on research,
               development, test, and evaluation activities.
    Sec. 260. Delayed effective date for limitation on procurement of
               systems not GPS-equipped.
    Sec. 261. Report on development and use of robotics and unmanned ground
               vehicle systems.

                   Subtitle A--Authorization of Appropriations

    SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

    SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECHNOLOGY.

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

         Subtitle B--Program Requirements, Restrictions, and Limitations

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

        (a) Annual GAO Review.--The Comptroller General shall conduct an
    annual review of the Future Combat Systems program and shall, not later
    than March 15 of each year, submit to Congress a report on the results
    of the most recent review. With each such report, the Comptroller
    General shall submit a certification as to whether the Comptroller
    General has had access to sufficient information to enable the
    Comptroller General to make informed judgments on the matters covered by
    the report.
        (b) Matters to Be Included.--Each report on the Future Combat
    Systems program under subsection (a) shall include the following with
    respect to research and development under the program:

    [[Page 119 STAT. 3167]]

                (1) The extent to which systems development and
            demonstration under the program is meeting established goals,
            including the goals established for performance, key performance
            parameters, technology readiness levels, cost, and schedule.
                (2) The budget for the current fiscal year, and the
            projected budget for the next fiscal year, for all Department of
            Defense programs directly supporting the Future Combat Systems
            program and an evaluation of the contribution each such program
            makes to meeting the goals established for performance, key
            performance parameters, and technology readiness levels of the
            Future Combat Systems program.
                (3) The plan for such systems development and demonstration
            (leading to production) for the fiscal year that begins in the
            year in which the report is submitted.
                (4) The Comptroller General's conclusion regarding whether
            such systems development and demonstration (leading to
            production) is likely to be completed at a total cost not in
            excess of the amount specified (or to be specified) for such
            purpose in the Selected Acquisition Report for the Future Combat
            Systems program under section 2432 of title 10, United States
            Code, for the first quarter of the fiscal year during which the
            report of the Comptroller General is submitted.

        (c) Termination.--No report is required under this section after
    systems development and demonstration under the Future Combat Systems
    program is completed.

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

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

    SEC. 213. <<NOTE: Reports.>> LIMITATIONS ON SYSTEMS DEVELOPMENT AND
                DEMONSTRATION OF MANNED GROUND VEHICLES UNDER ARMORED
                SYSTEMS MODERNIZATION PROGRAM.

        (a) Limitations.--Of the amounts appropriated or otherwise made
    available pursuant to the authorization of appropriations in section 201
    for the Armored Systems Modernization program, not more than 70 percent
    may be obligated for systems development and demonstration of manned
    ground vehicle variants under that program until each of the following
    occurs:
                (1) The Secretary of Defense certifies to the congressional
            defense committees that the threshold requirements for manned
            ground vehicle variants with respect to lethality and
            survivability have been met and demonstrated, in accordance with
            applicable regulations, in a relevant environment to be at least
            equal to the lethality and survivability of the manned ground
            vehicles to be replaced by those variants.
                (2) The Secretary of Defense submits to the congressional
            defense committees the results of an independent analysis
            carried out with respect to the transportability requirement for
            the manned ground vehicle variants under the Future Combat
            Systems program for the purpose of determining whether--
                        (A) the requirement can be supported by the future-
                    years defense plan and the projected extended planning

    [[Page 119 STAT. 3168]]

                    period inter-theater and intra-theater airlift force
                    structure budget;
                        (B) the requirement is justified by any likely
                    deployment scenario envisioned by current operational
                    plans; and
                        (C) the projected unit procurement cost warrants the
                    investment required to deploy those variants.
                (3) The Under Secretary of Defense for Acquisition,
            Technology, and Logistics submits to the congressional defense
            committees the results of an independent cost estimate, prepared
            by the cost analysis improvement group of the Office of the
            Secretary of Defense, with respect to the Future Combat Systems
            program.
                (4) The Secretary of the Army submits to the congressional
            defense committees a report containing--
                        (A) the organizational design, quantities, and
                    fielding plan for each of the current force Brigade
                    Combat Teams and the Future Combat Systems Brigade
                    Combat Teams; and
                        (B) the Future Combat Systems Manned Ground Vehicle
                    research, development, test, and evaluation and
                    procurement plan and budgets through the future-years
                    defense plan, including unit procurement cost for each
                    Future Combat Systems Manned Ground Vehicle variant in
                    constant and current-year dollars.
                (5) The Secretary of Defense submits to the congressional
            defense committees a report describing and evaluating the
            requirements and budgets for the technology insertion program
            for integrating Future Combat Systems capabilities into current
            force programs through the future-years defense plan for the
            purpose of determining--
                        (A) the balance in programs and resources between
                    the Future Combat Systems Brigade Combat Teams and the
                    current force Brigade Combat Teams;
                        (B) the feasibility of accelerating technology
                    insertion into the current force Brigade Combat Teams;
                        (C) the level of research, development, test, and
                    evaluation and procurement funding to support planned
                    technology insertions into the current force Brigade
                    Combat Teams through the future-years defense plan; and
                        (D) the capabilities of a current force Brigade
                    Combat Team equipped with planned technology insertions
                    in 2010, in comparison to a Future Combat Systems Manned
                    Ground Vehicle Brigade Combat Team in 2014.

        (b) Exception for Non-Line-of-Sight Cannon System.--This section
    does not apply with respect to the obligation of funds for systems
    development and demonstration of the non-line-of-sight cannon system.

    SEC. 214. <<NOTE: 10 USC 221 note.>> SEPARATE PROGRAM ELEMENTS REQUIRED
                FOR SIGNIFICANT SYSTEMS DEVELOPMENT AND DEMONSTRATION
                PROJECTS FOR ARMORED SYSTEMS MODERNIZATION PROGRAM.

        (a) Program Elements Specified.--Effective for the budget of the
    President submitted to Congress under section 1105(a) of title 31,
    United States Code, for fiscal year 2008 and each fiscal year
    thereafter, the Secretary of Defense shall ensure that a separate,
    dedicated program element is assigned to each of the following

    [[Page 119 STAT. 3169]]

    systems development and demonstration projects of the Armored Systems
    Modernization program:
                (1) Manned Ground Vehicles.
                (2) Systems of Systems Engineering and Program Management.
                (3) Future Combat Systems Reconnaissance Platforms and
            Sensors.
                (4) Future Combat Systems Unmanned Ground Vehicles.
                (5) Unattended Sensors.
                (6) Sustainment.

        (b) Early Commencement of Display in Budget Justification
    Materials.--As part of the budget justification materials submitted to
    Congress in support of the Department of Defense budget for fiscal year
    2007, as submitted with the budget of the President under such section
    1105(a), the Secretary of the Army shall set forth the budget
    justification material for the systems development and demonstration
    projects of the Armored Systems Modernization program identified in
    subsection (a) as if the projects were already separate program
    elements.
        (c) Technology Insertion to Current Force.--
                (1) Report on establishment of additional program element.--
            Not later than June 1, 2006, the Secretary of the Army shall
            submit a report to the congressional defense committees
            describing the manner in which the costs of integrating Future
            Combat Systems capabilities into current force programs could be
            assigned to a separate, dedicated program element and any
            management issues that would be raised as a result of
            establishing such a program element.
                (2) Display in budget justification materials.--As part of
            the budget justification materials submitted to Congress in
            support of the Department of Defense budget for fiscal year 2007
            and each fiscal year thereafter, as submitted with the budget of
            the President under such section 1105(a), the Secretary of the
            Army shall set forth the budget justification material for
            technology insertion to the current force under the Armored
            Systems Modernization program.

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

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

    [[Page 119 STAT. 3170]]

                        (A) an outline of the management approach to be used
                    in carrying out the program;
                        (B) the goals for the program; and
                        (C) a schedule for the program.

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

        (a) In General.--Section 216 of the National Defense Authorization
    Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1317),
    as most recently amended by section 212 of the Bob Stump National
    Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
    Stat. 2480), is amended--
                (1) in subsection (a), by striking ``2008'' and inserting
            ``2011'';
                (2) in subsection (b)(1), by inserting after ``Secretary of
            Defense'' the following: ``, and the Secretary of Defense has
            forwarded to the congressional defense committees,'';
                (3) in subsection (b)(2), by inserting before the semicolon
            at the end the following: ``and, by so certifying, ensures that
            the budget meets the requirements of section 2437 of title 10,
            United States Code''; and
                (4) by striking subsection (c) and inserting the following
            new subsection (c):

        ``(c) Notification of Certain Proposed Changes.--
                ``(1) In general.--With respect to a fiscal year, the
            Secretary may not carry out any change to the naval mine
            countermeasures master plan or the budget resources for mine
            countermeasures with respect to that fiscal year until after the
            Under Secretary of Defense for Acquisition, Technology, and
            Logistics submits to the congressional defense committees a
            notification of the proposed change. Such notification shall
            describe the nature of the proposed change and the effect of the
            proposed change on the naval mine countermeasures program or
            related programs with respect to that fiscal year.
                ``(2) Exception.--Paragraph (1) does not apply to a change
            if both--
                        ``(A) the amount of the change is below the
                    applicable reprogramming threshold; and
                        ``(B) the effect of the change does not affect the
                    validity of the decision to certify.''.

        (b) Notice and Certification Before Decommissiong of MHC-51
    Vessels.--The Secretary of the Navy may not decommission any vessel of
    the MHC-51 mine countermeasures class before the end of the service life
    of that vessel until--
                (1) the Secretary submits to the Committee on Armed Services
            of the Senate and the Committee on Armed Services of the House
            of Representatives a report on existing capabilities to assume
            the MHC-51 mission, together with the Secretary's certification
            that the capabilities of the vessels of the MHC-51 mine
            countermeasures class are no longer required; and
                (2) a period of 30 days has elapsed after the date of
            receipt of that report and certification by those committees.

    [[Page 119 STAT. 3171]]

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

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

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

        (a) Interim Tactical Radio Communications.--The Secretary of Defense
    shall--
                (1) assess the immediate requirements of the military
            departments for tactical radio communications systems;
                (2) ensure that the military departments rapidly acquire
            tactical radio communications systems utilizing existing
            technology or mature systems readily available in the commercial
            marketplace; and
                (3) develop a plan and roadmap for the development,
            procurement, deployment, and sustainment of interim and future
            tactical radio communications systems.

        (b) Joint Tactical Radio System.--The Secretary of Defense shall
    apply Department of Defense Instruction 5000.2 to the Joint Tactical
    Radio System in a manner that does not permit the Milestone B entrance
    requirements to be waived unless the Secretary certifies that the
    Department is unable to meet critical national security objectives.
        (c) Certification of Budgets.--
                (1) Budgeting through joint program office.--The Secretary
            of Defense shall require that the Secretary of each military
            department, and the head of each Defense Agency with programs
            developing components of or research related to the Joint
            Tactical Radio System transmit such proposed budgets for these
            activities, including all waveform development activities, for a
            fiscal year to the head of the single joint program office
            designated under section 213 of the National Defense
            Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
            Stat. 1416) for review and certification under paragraph (2)
            before submitting such proposed budget to the Under Secretary of
            Defense (Comptroller).
                (2) <<NOTE: Reports. Deadline.>> Actions of head of joint
            program office.--The head of the single joint program office
            designated under section 213 of the National Defense
            Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
            Stat. 1416) shall review each proposed budget transmitted under
            paragraph (1) and shall, not later than January 31 of the year
            preceding the fiscal year for which such budgets are proposed,
            submit to the Secretary of Defense a report containing comments
            with respect to all such proposed budgets, together with the
            certification as to whether such proposed budgets are adequate
            and whether

    [[Page 119 STAT. 3172]]

            such proposed budgets provide balanced support for the plan
            required under subsection (a)(3).
                (3) <<NOTE: Reports. Deadline.>> Actions of secretary of
            defense.--The Secretary of Defense shall, not later than March
            31 of the year preceding the fiscal year for which such budgets
            are proposed, submit to Congress a report on those proposed
            budgets which the head of the single joint program office has
            not certified under paragraph (2) to be adequate, including a
            discussion of the actions that the Secretary proposes to take to
            address the inadequacy of the proposed budgets.

        (d) <<NOTE: Reports. Deadline.>> Report on Implementation
    Required.--Not later than May 1, 2006, the Secretary of Defense shall
    submit to the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives a report on
    the implementation of this section.

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

        Not more than 40 percent of the amounts made available pursuant to
    the authorization of appropriations in section 201 for systems
    development and demonstration of the Personnel Recovery Vehicle may be
    obligated until 30 days after the date on which the Secretary of Defense
    submits to the congressional defense committees each of the following:
                (1) The Secretary's certification that the requirements for
            the Personnel Recovery Vehicle have been validated by the Joint
            Requirements Oversight Council and that the acquisition schedule
            has been validated by the Under Secretary of Defense for
            Acquisition, Technology, and Logistics.
                (2) The Secretary's certification that all technologies
            required to meet the requirements (as validated under paragraph
            (1)) for the Personnel Recovery Vehicle are mature and will have
            been demonstrated in a relevant environment before inclusion in
            production aircraft.
                (3) The Secretary's assessment of whether another aircraft,
            or modification of an aircraft, in the inventory of the
            Department of Defense can meet the requirements and provide a
            more cost effective solution (as validated under paragraph (1))
            for the Personnel Recovery Vehicle Program.
                (4) In the event that the Department chooses to award a
            contract for the Personnel Recovery Vehicle Program for an
            aircraft not in the Department of Defense inventory, the
            Secretary's explanation of the reasons why the chosen system
            would be more effective or less expensive in terms of total
            life-cycle costs.
                (5) A statement setting forth the independent cost estimate
            and manpower estimate (as required by section 2434 of title 10,
            United States Code) for the Personnel Recovery Vehicle.

    SEC. 220. LIMITATION ON VXX HELICOPTER PROGRAM.

        (a) Limitation.--Of the amounts appropriated or otherwise made
    available pursuant to the authorization of appropriations in section 201
    for the VXX executive helicopter program, not more than 75 percent may
    be obligated for system development and demonstration of the VXX
    helicopter until the Secretary of the Navy submits to Congress an event-
    driven acquisition strategy for Increment Two of the program that
    includes the completion of

    [[Page 119 STAT. 3173]]

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

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

        (a) Additional Plan Element.--Subsection (b) of section 331 of the
    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
    (Public Law 108-375; 118 Stat. 1850) is amended by adding at the end the
    following new paragraph:
                ``(5) A certification by the Chairman of the Joint Chiefs of
            Staff that the conversion of Department of Defense networks to
            Internet Protocol version 6 will provide equivalent or better
            performance and capabilities than that which would be provided
            by any other combination of available technologies or
            protocols.''.

        (b) Official Responsible for Oversight of Test and Evaluation
    Plan.--Such section is further amended--
                (1) by redesignating subsection (d) as subsection (e); and
                (2) by inserting after subsection (c) the following new
            subsection (d):

        ``(d) Official Responsible for Oversight of Test and Evaluation
    Plan.--The Secretary of Defense shall designate the Director of
    Operational Test and Evaluation of the Department of Defense as the
    official responsible within the Department of Defense for oversight and
    direction of the test and evaluation plan under this section and for
    approval of the master test and evaluation plan under this section.''.
        (c) Annual Report.--Subsection (e) of such section (as redesignated
    by subsection (b)(1)) is amended to read as follows:
        ``(e) Reports.--
                ``(1) Not later than June 30, 2006, the Secretary of Defense
            shall submit to the congressional defense committees a report

    [[Page 119 STAT. 3174]]

            containing the transition plan under subsection (a), updated to
            the time of the submission of the report.
                ``(2) For each of fiscal years 2006 through 2008, the
            Secretary of Defense shall, not later than the end of that
            fiscal year, submit to the congressional defense committees a
            report on the testing and evaluation carried out pursuant to
            subsection (c).''.

                      Subtitle C--Missile Defense Programs

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

        (a) Secretary of Defense Assessment.--The Secretary of Defense shall
    conduct an assessment of the United States missile defense programs that
    are designed to provide capability against threat ballistic missiles in
    the boost/ascent phase of flight.
        (b) Purpose.--The purpose of the assessment shall be to compare and
    contrast--
                (1) capabilities of those programs (if operational) to
            defeat, while in the boost/ascent phase of flight, ballistic
            missiles launched from North Korea or a location in the Middle
            East against the continental United States, Alaska, or Hawaii;
            and
                (2) asset requirements and costs for those programs to
            become operational with the capabilities referred to in
            paragraph (1).

        (c) Report.--Not later than October 1, 2006, the Secretary shall
    submit to Congress a report providing the results of the assessment.

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

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

        (b) Modification of Submittal Date.--Paragraph (2) of such section
    is further amended by striking ``February 15'' and inserting ``March
    15''.

    SEC. 233. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

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

    SEC. 234. <<NOTE: 10 USC 2431 note.>> PLANS FOR TEST AND EVALUATION OF
                OPERATIONAL CAPABILITY OF THE BALLISTIC MISSILE DEFENSE
                SYSTEM.

        (a) Test and Evaluation Plans for Blocks.--
                (1) Plans required.--With respect to block 06 and each
            subsequent block of the Ballistic Missile Defense System, the
            appropriate joint and service operational test and evaluation
            components of the Department of Defense concerned with the

    [[Page 119 STAT. 3175]]

            block shall prepare a plan, appropriate for the level of
            technological maturity of the block, to test, evaluate, and
            characterize the operational capability of the block.
                (2) Consultation and review.--The preparation of each plan
            under this subsection shall be--
                        (A) carried out in coordination with the Missile
                    Defense Agency; and
                        (B) subject to the review and approval of the
                    Director of Operational Test and Evaluation.

        (b) Reports on Test and Evaluation of Blocks.--At the conclusion of
    the test and evaluation of block 06 and each subsequent block of the
    Ballistic Missile Defense System, the Director of Operational Test and
    Evaluation shall submit to the Secretary of Defense and the
    congressional defense committees a report pro- viding--
                (1) the assessment of the Director as to whether or not the
            test and evaluation was adequate to evaluate the operational
            capability of the block; and
                (2) the characterization of the Director as to the
            operational effectiveness, suitability, and survivability of the
            block, as appropriate for the level of technological maturity of
            the block tested.

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

    SEC. 241. <<NOTE: 10 USC 2521 note.>> PILOT PROGRAM FOR IDENTIFICATION
                AND TRANSITION OF ADVANCED MANUFACTURING PROCESSES AND
                TECHNOLOGIES.

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

    [[Page 119 STAT. 3176]]

    SEC. 242. <<NOTE: 10 USC 2521 note.>> TRANSITION OF TRANSFORMATIONAL
                MANUFACTURING PROCESSES AND TECHNOLOGIES TO DEFENSE
                MANUFACTURING BASE.

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

    SEC. 243. <<NOTE: 10 USC 2521 note.>> MANUFACTURING TECHNOLOGY
                STRATEGIES.

        (a) In General.--The Under Secretary of Defense for Acquisition,
    Technology, and Logistics may--
                (1) identify an area of technology where the development of
            an industry-prepared roadmap for new manufacturing and
            technology processes applicable to defense manufacturing
            requirements would be beneficial to the Department of Defense;
            and
                (2) establish a task force, and act in cooperation, with the
            private sector to map the strategy for the development of
            manufacturing processes and technologies needed to support
            technology development in the area identified under paragraph
            (1).

        (b) <<NOTE: Deadline.>> Commencement of Roadmapping.--The Under
    Secretary shall commence any roadmapping identified pursuant to
    subsection (a)(1) not later than January 2007.

    SEC. 244. <<NOTE: 10 USC 2521 note.>> REPORT.

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

    SEC. 245. <<NOTE: 10 USC 2521 note.>> DEFINITIONS.

        In this subtitle:
                (1) Defense manufacturing base.--The term ``defense
            manufacturing base'' includes any supplier of the Department of
            Defense, including a supplier of raw materials.

    [[Page 119 STAT. 3177]]

                (2) Manufacturing extension partnership program.--The term
            ``Manufacturing Extension Partnership Program'' means the
            Manufacturing Extension Partnership Program of the Department of
            Commerce.
                (3) Small business innovation research program.--The term
            ``Small Business Innovation Research Program'' has the meaning
            given that term in section 2500(11) of title 10, United States
            Code.

                            Subtitle E--Other Matters

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

        (a) Report Required.--The Comptroller General shall prepare a report
    containing assessments of--
                (1) the current program element structure and content used
            to account for projects carried out, or proposed to be carried
            out, using amounts for research, development, test, and
            evaluation activities; and
                (2) the effectiveness of such program elements, and related
            budget justification materials, in providing necessary
            information for budget transparency and oversight by the
            congressional defense committees.

        (b) Recommendations.--The report required by subsection (a) shall
    also include such recommendations as the Comptroller General considers
    to be appropriate regarding program element size and content, budget
    justification material content, and appropriate reprogramming
    authorities within and between program elements, particularly in
    connection with highly complex research and development programs that
    employ the system-of-systems concept.
        (c) Submission.--The report required by subsection (a) shall be
    submitted to the congressional defense committees not later than
    February 1, 2007.

    SEC. 252. RESEARCH AND DEVELOPMENT EFFORTS FOR PURPOSES OF SMALL
                BUSINESS RESEARCH.

        (a) In General.--Section 9 of the Small Business Act (15 U.S.C. 638)
    is amended by adding at the end the following new subsections:
        ``(x) Research and Development Focus.--
                ``(1) Revision and update of criteria and procedures of
            identification.--In carrying out subsection (g), the Secretary
            of Defense shall, not less often than once every 4 years, revise
            and update the criteria and procedures utilized to identify
            areas of the research and development efforts of the Department
            of Defense which are suitable for the provision of funds under
            the Small Business Innovation Research Program and the Small
            Business Technology Transfer Program.
                ``(2) Utilization of plans.--The criteria and procedures
            described in paragraph (1) shall be developed through the use of
            the most current versions of the following plans:
                        ``(A) The Joint Warfighting Science and Technology
                    Plan required under section 270 of the National Defense
                    Authorization Act for Fiscal Year 1997 (Public Law 104-
                    201; 10 U.S.C. 2501 note).

    [[Page 119 STAT. 3178]]

                        ``(B) The Defense Technology Area Plan of the
                    Department of Defense.
                        ``(C) The Basic Research Plan of the Department of
                    Defense.
                ``(3) Input in identification of areas of effort.--The
            criteria and procedures described in paragraph (1) shall include
            input in the identification of areas of research and development
            efforts described in that paragraph from Department of Defense
            program managers (PMs) and program executive officers (PEOs).

        ``(y) Commercialization Pilot Program.--
                ``(1) In general.--The Secretary of Defense and the
            Secretary of each military department is authorized to create
            and administer a `Commercialization Pilot Program' to accelerate
            the transition of technologies, products, and services developed
            under the Small Business Innovation Research Program to Phase
            III, including the acquisition process.
                ``(2) Identification of research programs for accelerated
            transition to acquisition process.--In carrying out the
            Commercialization Pilot Program, the Secretary of Defense and
            the Secretary of each military department shall identify
            research programs of the Small Business Innovation Research
            Program that have the potential for rapid transitioning to Phase
            III and into the acquisition process.
                ``(3) Limitation.--No research program may be identified
            under paragraph (2) unless the Secretary of the military
            department concerned certifies in writing that the successful
            transition of the program to Phase III and into the acquisition
            process is expected to meet high priority military requirements
            of such military department.
                ``(4) Funding.--For payment of expenses incurred to
            administer the Commercialization Pilot Program under this
            subsection, the Secretary of Defense and each Secretary of a
            military department is authorized to use not more than an amount
            equal to 1 percent of the funds available to the Department of
            Defense or the military department pursuant to the Small
            Business Innovation Research Program. Such funds--
                        ``(A) shall not be subject to the limitations on the
                    use of funds in subsection (f)(2); and
                        ``(B) shall not be used to make Phase III awards.
                ``(5) Evaluative report.--At the end of each fiscal year,
            the Secretary of Defense shall submit to the Committee on Armed
            Services and the Committee on Small Business and
            Entrepreneurship of the Senate and the Committee on Armed
            Services and the Committee on Small Business of the House of
            Representatives an evaluative report regarding activities under
            the Commercialization Pilot Program. The report shall include--
                        ``(A) an accounting of the funds used in the
                    Commercialization Pilot Program;
                        ``(B) a detailed description of the
                    Commercialization Pilot Program, including incentives
                    and activities undertaken by acquisition program
                    managers, program executive officers, and prime
                    contractors; and
                        ``(C) a detailed compilation of results achieved by
                    the Commercialization Pilot Program, including the
                    number

    [[Page 119 STAT. 3179]]

                    of small business concerns assisted and the number of
                    projects commercialized.
                ``(6) Sunset.--The pilot program under this subsection shall
            terminate at the end of fiscal year 2009.''.

        (b) Implementation of Executive Order No. 13329.--Section 9 of the
    Small Business Act (15 U.S.C. 638), as amended by subsection (a), is
    further amended--
                (1) in subsection (b)--
                        (A) in paragraph (6), by striking ``and'' at the
                    end;
                        (B) in paragraph (7), by striking the period at the
                    end and inserting ``; and''; and
                        (C) by adding at the end the following:
                ``(8) to provide for and fully implement the tenets of
            Executive Order No. 13329 (Encouraging Innovation in
            Manufacturing).'';
                (2) in subsection (g)--
                        (A) in paragraph (9), by striking ``and'' at the
                    end;
                        (B) in paragraph (10), by striking the period at the
                    end and inserting ``; and''; and
                        (C) by adding at the end the following:
                ``(11) provide for and fully implement the tenets of
            Executive Order No. 13329 (Encouraging Innovation in
            Manufacturing).''; and
                (3) in subsection (o)--
                        (A) in paragraph (14), by striking ``and'' at the
                    end;
                        (B) in paragraph (15), by striking the period at the
                    end and inserting ``; and''; and
                        (C) by adding at the end the following:
                ``(16) provide for and fully implement the tenets of
            Executive Order No. 13329 (Encouraging Innovation in
            Manufacturing).''.

        (c) Testing and Evaluation Authority.--Section 9(e) of the Small
    Business Act (15 U.S.C. 638(e)) is amended--
                (1) in paragraph (7), by striking ``and'' at the end;
                (2) in paragraph (8), by striking the period at the end and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(9) the term `commercial applications' shall not be
            construed to exclude testing and evaluation of products,
            services, or technologies for use in technical or weapons
            systems, and further, awards for testing and evaluation of
            products, services, or technologies for use in technical or
            weapons systems may be made in either the second or the third
            phase of the Small Business Innovation Research Program and of
            the Small Business Technology Transfer Program, as defined in
            this subsection.''.

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

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

    [[Page 119 STAT. 3180]]

        (b) Repeal of Requirement for Inclusion of Technology Area Review
    and Assessment Summaries With JWSTP.--Subsection (b) of such section is
    repealed.
        (c) <<NOTE: 10 USC 2501 note.>> Requirement for Separate Reports on
    Technology Area Review and Assessment Summaries.--Whenever the Secretary
    of Defense provides for the conduct of a study referred to as a
    Technology Area Review and Assessment, the Secretary shall, not later
    than March 1 of the year following the year in which that study is
    conducted, submit to the congressional defense committees a report
    containing a summary of each such Technology Area Review and Assessment
    conducted during that year.

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

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

        (b) Report.--Not later than April 1, 2006, the Secretary of the Navy
    shall submit to the congressional defense committees a report containing
    the Secretary's findings and conclusions based on the assessment under
    subsection (a).

    SEC. 255. TECHNOLOGY TRANSITION.

        (a) Clarification of Duties of Technology Transition Council.--
    Paragraph (2) of section 2359a(g) of title 10, United States Code, is
    amended to read as follows:
        ``(2) The duty of the Council shall be to support the Under
    Secretary of Defense for Acquisition, Technology, and Logistics in

    [[Page 119 STAT. 3181]]

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

    SEC. 256. <<NOTE: 10 USC 1071 note.>> PREVENTION, MITIGATION, AND
                TREATMENT OF BLAST INJURIES.

        (a) Designation of Executive Agent.--The Secretary of Defense shall
    designate an executive agent to be responsible for coordinating and
    managing the medical research efforts and programs of the Department of
    Defense relating to the prevention, mitigation, and treatment of blast
    injuries.
        (b) General Responsibilities.--The executive agent designated under
    subsection (a) shall be responsible for--
                (1) planning for the medical research and development
            projects, diagnostic and field treatment programs, and patient
            tracking and monitoring activities within the Department that
            relate to combat blast injuries;
                (2) efficient execution of such projects, programs, and
            activities;

    [[Page 119 STAT. 3182]]

                (3) enabling the sharing of blast injury health hazards and
            survivability data collected through such projects, programs,
            and activities with the programs of the Department of Defense;
                (4) working with the Director, Defense Research and
            Engineering and the Secretaries of the military departments to
            ensure resources are adequate to also meet non-medical
            requirements related to blast injury prevention, mitigation, and
            treatment; and
                (5) ensuring that a joint combat trauma registry is
            established and maintained for the purposes of collection and
            analysis of contemporary combat casualties, including casualties
            with traumatic brain injury.

        (c) Medical Research Efforts.--
                (1) In general.--The executive agent designated under
            subsection (a) shall review and assess the adequacy of medical
            research efforts of the Department of Defense as of the date of
            the enactment of this Act relating to the following:
                        (A) The characterization of blast effects leading to
                    injury, including the injury potential of blasts in
                    various environments.
                        (B) Medical technologies and protocols to more
                    accurately detect and diagnose blast injuries, including
                    improved discrimination between traumatic brain injuries
                    and mental health disorders.
                        (C) Enhanced treatment of blast injuries in the
                    field.
                        (D) Integrated treatment approaches for members of
                    the Armed Forces who have a combination of traumatic
                    brain injuries and mental health disorders or other
                    injuries.
                        (E) Such other blast injury matters as the executive
                    agent considers appropriate.
                (2) Requirements for research efforts.--Based on the
            assessment under paragraph (1), the executive agent shall
            establish requirements for medical research efforts described in
            that paragraph in order to enhance and accelerate those research
            efforts.
                (3) Oversight of research efforts.--The executive agent
            shall establish, coordinate, and oversee Department-wide medical
            research efforts relating to the prevention, mitigation, and
            treatment of blast injuries, as necessary, to fulfill
            requirements established under paragraph (2).

        (d) Other Related Research Efforts.--The Director, Defense Research
    and Engineering, in coordination with the executive agent designated
    under subsection (a) and the Director of the Joint IED Defeat Task
    Force, shall--
                (1) review and assess the adequacy of current research
            efforts of the Department on the prevention and mitigation of
            blast injuries;
                (2) based on subsection (c)(1), establish requirements for
            further research; and
                (3) address any deficiencies identified in paragraphs (1)
            and (2) by establishing, coordinating, and overseeing
            Department-wide research and development initiatives on the
            prevention and mitigation of blast injuries, including explosive
            detection and defeat and personnel and vehicle blast protection.

    [[Page 119 STAT. 3183]]

        (e) Studies.--The executive agent designated under subsection (a)
    shall conduct studies on the prevention, mitigation, and treatment of
    blast injuries, including--
                (1) studies to improve the clinical evaluation and treatment
            approach for blast injuries, with an emphasis on traumatic brain
            injuries and other consequences of blast injury, including
            acoustic and eye injuries and injuries resulting from over-
            pressure wave;
                (2) studies on the incidence of traumatic brain injuries
            attributable to blast injury in soldiers returning from combat;
                (3) studies to develop protocols for medical tracking of
            members of the Armed Forces for up to five years following blast
            injuries; and
                (4) studies to refine and improve educational interventions
            for blast injury survivors and their families.

        (f) Training.--The executive agent designated under subsection (a),
    in coordination with the Director of the Joint IED Defeat Task Force,
    shall develop training protocols for medical and non-medical personnel
    on the prevention, mitigation, and treatment of blast injuries. Those
    protocols shall be intended to improve field and clinical training on
    early identification of blast injury consequences, both seen and unseen,
    including traumatic brain injuries, acoustic injuries, and internal
    injuries.
        (g) Information Sharing.--The executive agent designated under
    subsection (a) shall make available the results of relevant medical
    research and development projects and studies to--
                (1) Department of Defense programs focused on--
                        (A) promoting the exchange of blast health hazards
                    data with blast characterization data and blast modeling
                    and simulation tools; and
                        (B) encouraging the incorporation of blast hazards
                    data into design and operational features of blast
                    detection, mitigation, and defeat capabilities, such as
                    comprehensive armor systems which provide blast,
                    ballistic, and fire protection for the head, neck, ears,
                    eyes, torso, and extremities; and
                (2) traumatic brain injury treatment programs to enhance the
            evaluation and care of members of the Armed Forces with
            traumatic brain injuries in medical facilities in the United
            States and in deployed medical facilities, including those
            outside the Department of Defense.

        (h) Reports on Blast Injury Matters.--
                (1) Reports required.--Not later than 270 days after the
            date of the enactment of this Act, and annually thereafter
            through 2008, the Secretary of Defense shall submit to the
            Committee on Armed Services of the Senate and the Committee on
            Armed Services of the House of Representatives a report on the
            efforts and programs of the Department of Defense relating to
            the prevention, mitigation, and treatment of blast injuries.
                (2) Elements.--Each report under paragraph (1) shall include
            the following:
                        (A) A description of the activities undertaken under
                    this section during the two years preceding the report
                    to improve the prevention, mitigation, and treatment of
                    blast injuries.

    [[Page 119 STAT. 3184]]

                        (B) A consolidated budget presentation for
                    Department of Defense biomedical research efforts and
                    studies related to blast injury for the two fiscal years
                    following the year of the report.
                        (C) A description of any gaps in the capabilities of
                    the Department and any plans to address such gaps within
                    biomedical research related to blast injury, blast
                    injury diagnostic and treatment programs, and blast
                    injury tracking and monitoring activities.
                        (D) A description of collaboration, if any, with
                    other departments and agencies of the Federal
                    Government, and with other countries, during the two
                    years preceding the report in efforts for the
                    prevention, mitigation, and treatment of blast injuries.
                        (E) A description of any efforts during the two
                    years preceding the report to disseminate findings on
                    the diagnosis and treatment of blast injuries through
                    civilian and military research and medical communities.
                        (F) A description of the status of efforts during
                    the two years preceding the report to incorporate blast
                    injury effects data into appropriate programs of the
                    Department of Defense and into the development of
                    comprehensive force protection systems that are
                    effective in confronting blast, ballistic, and fire
                    threats.

        (i) Deadline for Designation of Executive Agent.--The Secretary
    shall make the designation required by subsection (a) not later than 90
    days after the date of the enactment of this Act.
        (j) Blast Injuries Defined.--In this section, the term ``blast
    injuries'' means injuries that occur as the result of the detonation of
    high explosives, including vehicle-borne and person-borne explosive
    devices, rocket-propelled grenades, and improvised explosive devices.
        (k) Executive Agent Defined.--In this section, the term ``executive
    agent'' has the meaning provided such term in Department of Defense
    Directive 5101.1.

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

        Subsection (e) of section 2374a of title 10, United States Code, is
    amended to read as follows:
        ``(e) Annual Report.--(1) Not later than March 1 each year, the
    Secretary shall submit to the Committees on Armed Services of the Senate
    and the House of Representatives a report on the activities undertaken
    by the Director of the Defense Advanced Research Projects Agency during
    the preceding fiscal year under the authority of this section.
        ``(2) The report for a fiscal year under this subsection shall
    include the following:
                ``(A) The results of consultations between the Director and
            officials of the military departments regarding the areas of
            research, technology development, or prototype development for
            which prizes would be awarded under the program under this
            section.
                ``(B) A description of the proposed goals of the
            competitions established under the program, including the areas
            of research,

    [[Page 119 STAT. 3185]]

            technology development, or prototype development to be promoted
            by such competitions and the relationship of such areas to the
            military missions of the Department.
                ``(C) The total amount of cash prizes awarded under the
            program, including a description of the manner in which the
            amounts of cash prizes awarded and claimed were allocated among
            the accounts of the Defense Advanced Research Projects Agency
            for recording as obligations and expenditures.
                ``(D) The methods used for the solicitation and evaluation
            of submissions under the program, together with an assessment of
            the effectiveness of such methods.
                ``(E) A description of the resources, including personnel
            and funding, used in the execution of the program, together with
            a detailed description of the activities for which such
            resources were used.
                ``(F) A description of any plans to transition the
            technologies or prototypes developed as a result of the program
            into acquisition programs of the Department.''.

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

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

    SEC. 259. REPORT ON COOPERATION BETWEEN DEPARTMENT OF DEFENSE AND
                NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ON RESEARCH,
                DEVELOPMENT, TEST, AND EVALUATION ACTIVITIES.

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

    SEC. 260. <<NOTE: 10 USC 2281 note.>> DELAYED EFFECTIVE DATE FOR
                LIMITATION ON PROCUREMENT OF SYSTEMS NOT GPS-EQUIPPED.

        (a) Delayed Effective Date.--Section 152(b) of the National Defense
    Authorization Act for Fiscal Year 1994 (10 U.S.C. 2281

    [[Page 119 STAT. 3186]]

    note) is amended by striking ``After September 30, 2005'' and inserting
    ``After September 30, 2007''.
        (b) <<NOTE: 10 USC 2281 note.>> Ratification of Actions.--The
    amendment made by subsection (a) shall be deemed to have taken effect at
    the close of September 30, 2005, and any obligation or expenditure of
    funds by the Department of Defense during the period beginning on
    October 1, 2005, and ending on the date of the enactment of this Act to
    modify or procure a Department of Defense aircraft, ship, armored
    vehicle, or indirect-fire weapon system that is not equipped with a
    Global Positioning System receiver is hereby ratified with respect to
    the provision of law specified in subsection (a).

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

        (a) Report Required.--Not later than nine months after the date of
    the enactment of this Act, the Under Secretary of Defense for
    Acquisition, Technology, and Logistics shall submit to the congressional
    defense committees a report on the development and utilization of
    robotics and unmanned ground vehicle systems by the Department of
    Defense.
        (b) Elements.--The report required by subsection (a) shall include
    the following:
                (1) A description of the utilization of robotics and
            unmanned ground vehicle systems in current military operations.
                (2) A description of the manner in which the development of
            robotics and unmanned ground vehicle systems capabilities
            supports current major acquisition programs of the Department of
            Defense.
                (3) A description, including budget estimates, of all
            Department programs and activities on robotics and unmanned
            ground vehicle systems for fiscal years 2004 through 2012,
            including the Joint Robotics Program and other programs and
            activities relating to research, development, test and
            evaluation, procurement, and operation and maintenance.
                (4) A description of the long-term research and development
            strategy of the Department on technology for the development and
            integration of new robotics and unmanned ground vehicle systems
            capabilities in support of Department missions.
                (5) A description of any planned demonstration or
            experimentation activities of the Department that will support
            the development and deployment of robotics and unmanned ground
            vehicle systems by the Department.
                (6) A statement of the Department organizations currently
            participating in the development of new robotics or unmanned
            ground vehicle systems capabilities, including the specific
            missions of each such organization in such efforts.
                (7) A description of the activities of the Department to
            collaborate with industry, academia, and other government and
            nongovernmental organizations in the development of new
            capabilities in robotics and unmanned ground vehicle systems.
                (8) An assessment of the short-term and long-term ability of
            the industrial base of the United States to support the
            production of robotics and unmanned ground vehicle systems to
            meet Department requirements.
                (9) An assessment of the progress being made to achieve the
            goal established by section 220(a)(2) of the Floyd D. Spence

    [[Page 119 STAT. 3187]]

            National Defense Authorization Act for Fiscal Year 2001 (as
            enacted into law by Public Law 106-398; 114 Stat. 1654A-38)
            that, by 2015, one-third of operational ground combat vehicles
            be unmanned.
                (10) An assessment of international research, technology,
            and military capabilities in robotics and unmanned ground
            vehicle systems.
                (11) A description of the role and placement of the Joint
            Robotics Program in the Department.
                (12) A description of the mechanisms of the Department for
            coordinating pre-systems development and demonstration funding
            for robotics and unmanned ground vehicle systems.

                      TITLE III--OPERATION AND MAINTENANCE

                   Subtitle A--Authorization of Appropriations

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

                      Subtitle B--Environmental Provisions

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

                     Subtitle C--Workplace and Depot Issues

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

                  Subtitle D--Extension of Program Authorities

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

                             Subtitle E--Outsourcing

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

                  Subtitle F--Analysis, Strategies, and Reports

    Sec. 351. Report on Department of Army programs for prepositioning of
               equipment and other materiel.
    Sec. 352. Reports on budget models used for base operations support,
               sustainment, and facilities recapitalization.
    Sec. 353. Army training strategy for brigade-based combat teams and
               functional supporting brigades.
    Sec. 354. Report regarding effect on military readiness of undocumented
               immigrants trespassing upon operational ranges.
    Sec. 355. Report regarding management of Army lodging.
    Sec. 356. Comptroller General report on corrosion prevention and
               mitigation programs of the Department of Defense.
    Sec. 357. Study on use of biodiesel and ethanol fuel.
    Sec. 358. Report on effects of windmill farms on military readiness.

    [[Page 119 STAT. 3188]]

    Sec. 359. Report on space-available travel for certain disabled veterans
               and gray-area retirees.
    Sec. 360. Report on joint field training and experimentation on
               stability, security, transition, and reconstruction
               operations.
    Sec. 361. Reports on budgeting relating to sustainment of key military
               equipment.
    Sec. 362. Repeal of Air Force report on military installation
               encroachment issues.

                            Subtitle G--Other Matters

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

                    Subtitle H--Utah Test and Training Range

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

                   Subtitle A--Authorization of Appropriations

    SEC. 301. OPERATION AND MAINTENANCE FUNDING.

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

    [[Page 119 STAT. 3189]]

                (18) For Overseas Humanitarian, Disaster, and Civic Aid
            programs, $61,546,000.
                (19) For Cooperative Threat Reduction programs,
            $415,459,000.
                (20) For the Overseas Contingency Operations Transfer Fund,
            $20,000,000.

    SEC. 302. WORKING CAPITAL FUNDS.

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

    SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

        (a) Defense Health Program.--Funds are hereby authorized to be
    appropriated for the Department of Defense for fiscal year 2006 for
    expenses, not otherwise provided for, for the Defense Health Program, in
    the amount of $19,892,594,000, of which--
                (1) $19,348,119,000 is for Operation and Maintenance;
                (2) $169,156,000 is for Research, Development, Test, and
            Evaluation; and
                (3) $375,319,000 is for Procurement.

        (b) Chemical Agents and Munitions Destruction, Defense.--
                (1) Authorization of appropriations.--Funds are hereby
            authorized to be appropriated for the Department of Defense for
            fiscal year 2006 for expenses, not otherwise provided for, for
            Chemical Agents and Munitions Destruction, Defense, in the
            amount of $1,425,827,000, of which--
                        (A) $1,241,514,000 is for Operation and Maintenance;
                        (B) $67,786,000 is for Research, Development, Test,
                    and Evaluation; and
                        (C) $116,527,000 is for Procurement.
                (2) Use.--Amounts authorized to be appropriated under
            paragraph (1) are authorized for--
                        (A) the destruction of lethal chemical agents and
                    munitions in accordance with section 1412 of the
                    Department of Defense Authorization Act, 1986 (50 U.S.C.
                    1521); and
                        (B) the destruction of chemical warfare materiel of
                    the United States that is not covered by section 1412 of
                    such Act.

        (c) Drug Interdiction and Counter-Drug Activities, Defense-Wide.--
    Funds are hereby authorized to be appropriated for the Department of
    Defense for fiscal year 2006 for expenses, not otherwise provided for,
    for Drug Interdiction and Counter-Drug Activities, Defense-wide, in the
    amount of $901,741,000.
        (d) Defense Inspector General.--Funds are hereby authorized to be
    appropriated for the Department of Defense for fiscal year 2006 for
    expenses, not otherwise provided for, for the Office of the Inspector
    General of the Department of Defense, in the amount of $209,687,000, of
    which--
                (1) $208,687,000 is for Operation and Maintenance; and
                (2) $1,000,000 is for Procurement.

    [[Page 119 STAT. 3190]]

                      Subtitle B--Environmental Provisions

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

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

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

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

    [[Page 119 STAT. 3191]]

        (b) Source of Funds for Former BRAC Property Subject to Covenant for
    Additional Remedial Action.--Section 2703 of such title is amended--
                (1) in subsection (g)(1), by striking ``The sole source''
            and inserting ``Except as provided in subsection (h), the sole
            source''; and
                (2) by adding at the end the following new subsection:

        ``(h) Sole Source of Funds for Environmental Remediation at Certain
    Base Realignment and Closure Sites.--In the case of property disposed of
    pursuant to a base closure law and subject to a covenant that was
    required to be provided by paragraphs (3) and (4) of section 120(h) of
    CERCLA (42 U.S.C. 9620(h)), the sole source of funds for services
    procured under subsection 2701(d)(1) of this title shall be the
    applicable Department of Defense base closure account. The limitation in
    this subsection shall expire upon the closure of the applicable base
    closure account.''.

                     Subtitle C--Workplace and Depot Issues

    SEC. 321. MODIFICATION OF AUTHORITY OF ARMY WORKING-CAPITAL FUNDED
                FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES WITH NON-ARMY
                ENTITIES.

        (a) Applicability of Sunset.--Subsection (j) of section 4544 of
    title 10, United States Code, is amended by striking ``September 30,
    2009,'' and all that follows through the end and inserting ``September
    30, 2009.''.
        (b) Crediting of Proceeds of Sale of Articles and Services.--Such
    section is further amended--
                (1) in subsection (d), by striking ``subsection (e)'' and
            inserting ``subsection (f)'';
                (2) by redesignating subsections (e), (f), (g), (h), (i),
            and (j) as subsections (f), (g), (h), (i), (j), and (k)
            respectively;
                (3) by inserting after subsection (d) the following new
            subsection (e):

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

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

        (a) Limitation.--The Secretary of the Navy may not convert funding
    for the shipyards of the Navy on the east coast of the United States
    from funding through the working capital fund of the Navy to funding on
    a direct basis (also known as ``mission funding'') before October 1,
    2006.
        (b) Report on Direct Funding for Puget Sound Naval Shipyard.--
                (1) Report required.--Not later than March 1, 2006, the
            Secretary shall submit to the congressional defense committees a
            report that contains the assessment of the Secretary on the
            effects on Puget Sound Naval Shipyard, Washington, of

    [[Page 119 STAT. 3192]]

            the conversion of that shipyard from funding through the working
            capital fund of the Navy to funding on a direct basis.
                (2) Matters to be included.--The report under paragraph (1)
            shall address the effect of the conversion of Puget Sound Naval
            Shipyard to direct funding on each of the following:
                        (A) The cost visibility of specific work performed.
                        (B) The total cost of consolidated ship maintenance
                    operations on an ongoing basis.
                        (C) The ability to distinguish between depot and
                    intermediate work of consolidated ship maintenance
                    activities.
                        (D) The costs associated with buyout expenses for
                    the transfer of the shipyards of the Navy on the east
                    coast of the United States from funding through the
                    working capital fund of the Navy to funding on a direct
                    basis.
                        (E) The flexibility of the shipyard to continue
                    routine ship maintenance operations during a potential
                    funding gap at the beginning of a fiscal year or when
                    expected maintenance costs exceed annual appropriations.
                        (F) Operational and financial flexibility and
                    responsiveness of funding on a direct basis compared to
                    funding through the working capital fund of the Navy.
                        (G) Long-term funding for the capital improvement
                    programs of the shipyard.
                        (H) Compliance with section 2460 of title 10, United
                    States Code, which defines the work that is considered
                    to be depot-level maintenance and repair versus work
                    that is considered to be a major modification of a
                    weapons system.
                        (I) Compliance with section 2466 of title 10, United
                    Status Code, which limits the amount of depot-level
                    maintenance and repair workload of the Department of
                    Navy that is performed by non-Federal Government
                    personnel in any fiscal year to not more than 50 percent
                    of the total depot workload reported to the Department
                    in that fiscal year.
                        (J) Compliance with sections 1115 and 1116 of title
                    31, United States Code, which require agencies to set
                    annual performance goals, measure performance toward the
                    achievement of those goals, and publicly report on
                    progress.
                        (K) Compliance with chapter 35 of title 31, United
                    States Code, which requires audited financial statements
                    to include the ability to properly charge and account
                    for reimbursable workload.
                (3) Government accountability office review.--Not later than
            60 days after the date on which the report required under
            paragraph (1) is submitted, the Comptroller General shall submit
            to the congressional defense committees a review of the report,
            which shall include the Comptroller General's assessment of
            whether the report adequately addresses each of the matters
            specified under paragraph (2).

        (c) Report on Proposed Congressional Budget Exhibits for Navy
    Mission-Funded Shipyards.--
                (1) Report required.--Not later than March 1, 2006, the
            Secretary shall submit to the congressional defense committees a
            report that proposes congressional budget exhibits for use

    [[Page 119 STAT. 3193]]

            in connection with the funding of Navy shipyards on a direct
            basis.
                (2) Matters to be included.--The report under paragraph (1)
            shall comprehensively address the following:
                        (A) The establishment of annual categories, metrics,
                    and measurements to objectively compare the performance
                    of each shipyard over time with respect to the
                    following:
                              (i) Schedule adherence.
                              (ii) Quality of work.
                              (iii) Cost management.
                              (iv) Administrative efficiency.
                              (v) Number of hulls for which repairs are
                          completed during the fiscal year.
                              (vi) Number of hulls that are in the process
                          of being repaired at the end of the fiscal year.
                        (B) Capital replenishment for each shipyard.
                        (C) Workload indicators to determine whether each
                    shipyard is effectively utilized.
                        (D) Annual budget management reports to enable
                    effective monitoring of each shipyard with respect to
                    the following:
                              (i) Obligation authority from Department of
                          the Navy accounts, including operation and
                          maintenance funds for the Atlantic Fleet, the
                          Pacific Fleet, and the Naval Sea Systems Command
                          and procurement funds for the Navy shipbuilding
                          and conversion account and the other procurement
                          accounts.
                              (ii) Obligation authority provided by
                          reimbursement from non-Department of the Navy
                          sources, including other Department of Defense
                          accounts, foreign military sales accounts, other
                          Federal Government agency accounts, and non-
                          Federal Government sources.
                              (iii) Costs and expenses of military
                          personnel, civilian personnel, materials,
                          contracts, travel, supplies, overhead, and other
                          costs.
                              (iv) Capital expenditures.
                              (v) Military construction.
                              (vi) Base operating support.
                              (vii) Facilities sustainment, restoration, and
                          modernization.
                              (viii) Personnel and labor management,
                          including military end strengths, civilian end
                          strengths, military mandays, and civilian mandays.
                (3) Congressional budget office review.--Not later than 60
            days after the date on which the report required under paragraph
            (1) is submitted, the Director of the Congressional Budget
            Office shall submit to the congressional defense committees a
            review of the report, which shall include the Director's
            assessment of whether the report comprehensively addresses each
            of the matters specified in subparagraphs (A) through (D) of
            paragraph (2).

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

        (a) Inclusion of Additional Facilities Within ARMS Initiative.--
    Section 4551(2) of title 10, United States Code, is amended by inserting
    ``, or a Government-owned, contractor-operated depot

    [[Page 119 STAT. 3194]]

    for the storage, maintenance, renovation, or demilitarization of
    ammunition,'' after ``manufacturing facility''.
        (b) Additional Consideration for Use of Facilities.--Section
    4554(b)(2) of such title is amended by adding at the end the following
    new subparagraph:
                ``(D) The demilitarization and storage of conventional
            ammunition.''.

        (c) Additional Policy Objectives With Respect to Ammunition
    Facilities and Capacity.--Section 4552 of such title is amended in
    paragraphs (1) and (8) by inserting ``, storage, maintenance,
    renovation, and demilitarization'' after ``manufacturing''.
        (d) Broadening of Purpose of ARMS Initiative With Respect to Work
    Force Skills.--Section 4553(b)(3) of such title is amended by striking
    ``in manufacturing processes that are''.

    SEC. 324. SENSE OF CONGRESS REGARDING DEPOT MAINTENANCE.

        (a) Findings.--Congress finds the following:
                (1) The Depot Maintenance Strategy and Master Plan of the
            Air Force reflects the essential requirements for the Air Force
            to maintain a ready and controlled source of organic technical
            competence, thereby ensuring an effective and timely response to
            national defense contingencies and emergency requirements.
                (2) Since the publication of the Depot Maintenance Strategy
            and Master Plan of the Air Force in 2002, the Air Force has made
            great progress toward modernizing all three of its depots, in
            order to maintain the status of those depots as ``world class''
            maintenance repair and overhaul operations.
                (3) One of the central components of the Depot Maintenance
            Strategy and Master Plan of the Air Force is the commitment of
            the Air Force to allocate $150,000,000 each fiscal year for six
            years, beginning in fiscal year 2004, for recapitalization and
            investment, including the procurement of technologically
            advanced facilities and equipment, of the Nation's three Air
            Force depots.
                (4) The funds expended to date have ensured that
            transformation projects, such as the initial implementation of
            ``Lean'' and ``Six Sigma'' production techniques, have achieved
            great success in reducing the time necessary to perform depot
            maintenance on aircraft.

        (b) Sense of Congress.--It is the sense of Congress that--
                (1) the Air Force should be commended for the implementation
            of its Depot Maintenance Strategy and Master Plan and, in
            particular, meeting the capital investment strategy pursuant to
            the Plan; and
                (2) the Air Force should remain committed to the depot
            maintenance process improvement initiatives and the investments
            and recapitalization projects pursuant to the Depot Maintenance
            Strategy and Master Plan.

    [[Page 119 STAT. 3195]]

                  Subtitle D--Extension of Program Authorities

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

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

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

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

                             Subtitle E--Outsourcing

    SEC. 341. PUBLIC-PRIVATE COMPETITION.

        (a) Public-Private Competition Required Prior to Conversion of
    Certain Department of Defense Functions.--Subsection (a) of section 2461
    of title 10, United States Code, is amended to read as follows:
        ``(a) Public-Private Competition.--(1) A function of the Department
    of Defense performed by 10 or more Department of Defense civilian
    employees may not be converted, in whole or in part, to performance by a
    contractor unless the conversion is based on the results of a public-
    private competition that--
                ``(A) formally compares the cost of performance of the
            function by Department of Defense civilian employees with the
            cost of performance by a contractor;
                ``(B) creates an agency tender, including a most efficient
            organization plan, in accordance with Office of Management and
            Budget Circular A-76, as implemented on May 29, 2003;
                ``(C) includes the issuance of a solicitation;
                ``(D) determines whether the submitted offers meet the needs
            of the Department of Defense with respect to factors other than
            cost, including quality and reliability;
                ``(E) examines the cost of performance of the function by
            Department of Defense civilian employees and the cost of
            performance of the function by one or more contractors to
            demonstrate whether converting to performance by a contractor
            will result in savings to the Government over the life of the
            contract, including--

    [[Page 119 STAT. 3196]]

                        ``(i) the estimated cost to the Government (based on
                    offers received) for performance of the function by a
                    contractor;
                        ``(ii) the estimated cost to the Government for
                    performance of the function by Department of Defense
                    civilian employees; and
                        ``(iii) an estimate of all other costs and
                    expenditures that the Government would incur because of
                    the award of such a contract;
                ``(F) requires continued performance of the function by
            Department of Defense civilian employees unless the difference
            in the cost of performance of the function by a contractor
            compared to the cost of performance of the function by
            Department of Defense civilian employees would, over all
            performance periods required by the solicitation, be equal to or
            exceed the lesser of--
                        ``(i) 10 percent of the personnel-related costs for
                    performance of that function in the agency tender; or
                        ``(ii) $10,000,000; and
                ``(G) examines the effect of performance of the function by
            a contractor on the military mission associated with the
            performance of the function.

        ``(2) A function that is performed by the Department of Defense and
    is reengineered, reorganized, modernized, upgraded, expanded, or changed
    to become more efficient, but still essentially provides the same
    service, shall not be considered a new requirement.
        ``(3) In no case may a function being performed by Department of
    Defense personnel be--
                ``(A) modified, reorganized, divided, or in any way changed
            for the purpose of exempting the conversion of the function from
            the requirements of this section; or
                ``(B) converted to performance by a contractor to circumvent
            a civilian personnel ceiling.''.

        (b) Congressional Notification.--Subsection (b) of such section is
    amended--
                (1) in paragraph (1)--
                        (A) by striking ``to analyze'' and all that follows
                    through ``private sector'' and inserting ``a public-
                    private competition under subsection (a)'';
                        (B) in subparagraph (A), by striking ``to be
                    analyzed for possible change'' and inserting ``for which
                    such public-private competition is to be conducted'';
                        (C) in subparagraph (C), by inserting ``Department
                    of Defense'' before ``civilian employee'';
                        (D) in subparagraph (D), by striking ``the
                    analysis'' both places it appears and inserting ``the
                    public-private competition''; and
                        (E) in subparagraph (E)--
                              (i) by striking ``commercial or industrial
                          type'' before ``function''; and
                              (ii) by striking ``persons who are not
                          civilian employees of the Department of Defense''
                          and inserting ``a contractor'';
                (2) by striking paragraphs (2) and (3) and inserting the
            following new paragraph (2):

    [[Page 119 STAT. 3197]]

        ``(2) The report required under paragraph (1) shall include an
    examination the potential economic effect of performance of the function
    by a contractor on--
                ``(A) Department of Defense civilian employees who would be
            affected by such a conversion in performance; and
                ``(B) the local community and the Government, if more than
            50 Department of Defense civilian employees perform the
            function.'';
                (3) by redesignating paragraph (4) as paragraph (3); and
                (4) in paragraph (3), as so redesignated--
                        (A) in subparagraph (A)--
                              (i) by striking ``where a commercial'' and all
                          that follows through ``performance'' and inserting
                          ``where a public-private competition is
                          conducted''; and
                              (ii) by striking ``the analysis'' both places
                          it appears and inserting ``the public private
                          competition''; and
                        (B) in subparagraph (B), by striking ``the
                    commercial'' and all that follows through ``to which
                    objected'' and inserting ``the function for which the
                    public-private competition was conducted for which the
                    objection was submitted''.

        (c) Consolidation and Restatement of Reporting Provisions.--
                (1) Consolidation and restatement.--Section 2462 of such
            title <<NOTE: 10 USC 2462.>> is amended to read as follows:

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

        ``(a) Report on Public-Private Competition Results.--(1) Upon the
    completion of a public-private competition under section 2461 of this
    title, the Secretary of Defense shall submit to Congress a report
    containing the results of the public-private competition required by
    subsection (a) of such section.
        ``(2) Each report under this subsection shall include the following:
                ``(A) The date on which the public-private competition was
            commenced.
                ``(B) The number of Department of Defense civilian employees
            who were performing the function when the public-private
            competition was commenced and the number of such employees whose
            employment was or will be terminated or otherwise affected by
            converting to performance of the function by a contractor or by
            implementation of the most efficient organization of the
            function.
                ``(C) The Secretary's certification that the Government's
            calculation of the cost of performance of the function by
            Department of Defense civilian employees is based on an estimate
            of the most cost effective manner for performance of the
            function by Department of Defense civilian employees that meets
            the needs of the Department with respect to factors other than
            cost, including quality and reliability.
                ``(D) The Secretary's certification that the public-private
            competition did not include any predetermined personnel
            constraint or limitation in terms of man years, end strength,
            full-time equivalent positions, or maximum number of employees.
                ``(E) The Secretary's certification that the entire public-
            private competition is available for examination.

    [[Page 119 STAT. 3198]]

                ``(F) In the case of a function performed at a Center of
            Industrial and Technical Excellence designated under section
            2474(a) of this title or an Army ammunition plant, a description
            of the effect that the manner of performance of the function,
            and administration of the resulting contract if any, will have
            on the overhead costs of the center or ammunition plant, as the
            case may be.
                ``(G) A schedule for implementing the results of the public-
            private competition.

        ``(3)(A) No decision made on the basis of a public-private
    competition under section 2461 of this title may be implemented until
    after the submission of a report under paragraph (1).
        ``(B) Notwithstanding subparagraph (A), in the case of function
    performed at a Center of Industrial and Technical Excellence designated
    under section 2474(a) of this title or an Army ammunition plant, the
    conversion of the function to performance by a contractor may not begin
    until at least 60 days after the submission of a report under paragraph
    (1).
        ``(b) Annual Report.--Not later than June 30 of each year, the
    Secretary of Defense shall submit to Congress a written report, which
    shall include the following:
                ``(1) An estimate of the percentage of functions (other than
            functions that are inherently governmental) that Department of
            Defense civilian employees will perform and an estimate of the
            percentage of such functions that contractors will perform
            during the fiscal year during which the report is submitted.
                ``(2) The results of public-private competitions conducted
            under section 2461 of this title that were completed during the
            preceding fiscal year, including each of the following:
                        ``(A) The number of such competitions completed
                    during such fiscal year and the number of Department of
                    Defense civilian employees performing functions for
                    which such a competition was conducted.
                        ``(B) The percentage of such competitions that
                    resulted in the continued performance of a function by
                    Department of Defense civilian employees.
                        ``(C) The percentage of such competitions that
                    resulted in the conversion of a function to performance
                    by a contractor.
                        ``(D) The percentage of the Department of Defense
                    civilian employees identified pursuant to subparagraph
                    (A) whose positions will be converted to performance by
                    contractors or eliminated as a result of implementing
                    the results of such competitions.
                ``(3) The results of monitoring the performance of
            Department functions under section 2461a of this title,
            including for each function subject to monitoring, each of the
            following:
                        ``(A) The cost of the public-private competition
                    conducted under section 2461 of this title.
                        ``(B) The cost of performing the function before
                    such competition compared to the costs incurred after
                    implementing the conversion, reorganization, or
                    reengineering actions recommended pursuant to the
                    competition.
                        ``(C) The actual savings derived from the
                    implementation of the recommendations made pursuant to
                    such competition, if any, compared to the anticipated
                    savings that

    [[Page 119 STAT. 3199]]

                    were to result from the conversion, reorganization, or
                    reengineering actions.''.
                (2) Waiver for small functions and conforming amendments.--
            Section 2461 of such title, as amended by subsections (a) and
            (b), is further amended--
                        (A) by striking subsections (c), (d), (f) and (g);
                    and
                        (B) by redesignating subsections (e) and (h) as
                    subsections (c) and (d) respectively.
                (3) Correction of terminology.--The heading for subsection
            (c) of such section, as redesignated by paragraph (2), is
            amended by striking ``Waiver'' and inserting ``Exemption''.

        (d) Performance Monitoring.--Section 2461a of such title is
    amended--
                (1) by striking subsections (a), (c), and (d);
                (2) by redesignating subsections (b) and (e) as subsections
            (a) and (b) respectively;
                (3) in subsection (a), as so redesignated--
                        (A) in paragraph (1)--
                              (i) by striking ``establish a system for
                          monitoring'' and inserting ``monitor''; and
                              (ii) by striking ``a workforce review'' and
                          inserting ``a public-private competition conducted
                          under section 2461 of this title'';
                        (B) in paragraph (2), by striking all and inserting
                    the following:

        ``(2) In carrying out paragraph (1), the Secretary shall--
                ``(A) compare the cost of performing the function before the
            public-private competition to the cost of performing the
            function after the implementation of the results of the public-
            private competition; and
                ``(B) identify any actual savings of the Department of
            Defense after the implementation of the results of the public-
            private competition and compare such savings to the estimated
            savings identified pursuant to section 2461(a)(1)(E) of this
            title for that public-private competition;''; and
                        (C) in paragraph (3), by inserting ``pursuant to
                    such a public-private competition'' after
                    ``reengineering of the function''; and
                (4) in subsection (b), as so redesignated, by striking
            ``workforce reviews'' and inserting ``public-private
            competitions conducted under section 2461 of this title''.

        (e) <<NOTE: 10 USC 2461 note.>> Inapplicability to Best-Value Source
    Selection Pilot Program.--Subsection (a)(1)(E) of section 2461 of title
    10, United States Code, as amended by subsection (a), shall not apply
    with respect to the pilot program for best-value source selection for
    performance of information technology services authorized by section 336
    of the National Defense Authorization Act for Fiscal Year 2004 (Public
    Law 108-136; 117 Stat. 1444; 10 U.S.C. 2461 note).

        (f) Repeal of Redundant Provision.--Section 2463 of such title is
    repealed.
        (g) Clerical and Conforming Amendments.--
                (1) Section 2461.--Section 2461(c) of such title, as
            redesignated by subsection (c), is amended by striking
            ``Subsections (a) through (c) and subsection (g)'' and inserting
            ``This section''.
                (2) Headings.--
                        (A) 2461.--The heading for section 2461 of such
                    title is amended to read as follows:

    [[Page 119 STAT. 3200]]

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

                        (B) 2461(b).--The heading for subsection (b) of such
                    section is amended to read as follows:

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

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

                (3) Public law 108-375.--Section 327 of the Ronald W. Reagan
            National Defense Authorization Act for Fiscal Year 2005 (Public
            Law 108-375; 10 U.S.C. 2461 note) is repealed.
                (4) Table of sections.--The table of sections at the
            beginning of chapter 146 of title 10, United States Code, is
            amended by striking the items relating to sections 2461 through
            2463 and inserting the following new items:

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

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

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

    SEC. 343. <<NOTE: 10 USC 2461 note.>> PERFORMANCE OF CERTAIN WORK BY
                FEDERAL GOVERNMENT EMPLOYEES.

        (a) Guidelines.--
                (1) In general.--The Secretary of Defense shall prescribe
            guidelines and procedures for ensuring that consideration is
            given to using Federal Government employees for work that is
            currently performed or would otherwise be performed under
            Department of Defense contracts.
                (2) Criteria.--The guidelines and procedures prescribed
            under paragraph (1) shall provide for special consideration to
            be given to contracts that--
                        (A) have been performed by Federal Government
                    employees at any time on or after October 1, 1980;
                        (B) are associated with the performance of
                    inherently governmental functions;
                        (C) were not awarded on a competitive basis; or
                        (D) have been determined by a contracting officer to
                    be poorly performed due to excessive costs or inferior
                    quality.

    [[Page 119 STAT. 3201]]

        (b) Use of Flexible Hiring Authority.--The Secretary shall include
    the use of the flexible hiring authority available through the National
    Security Personnel System in order to facilitate performance by Federal
    Government employees of new requirements and work that is performed
    under Department of Defense contracts.
        (c) Definitions.--In this section:
                (1) The term ``National Security Personnel System'' means
            the human resources management system established under the
            authority of section 9902 of title 5, United States Code.
                (2) The term ``inherently governmental function'' has the
            meaning given that term in section 5 of the Federal Activities
            Inventory Reform Act of 1998 (Public Law 105-270; 112 Stat.
            2384; 31 U.S.C. 501 note).

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

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

                  Subtitle F--Analysis, Strategies, and Reports

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

        (a) Secretary of Army Assessment.--The Secretary of the Army shall
    conduct an assessment of the programs of the Department of Army for the
    prepositioning of equipment and other materiel stocks. The assessment
    shall focus on how such programs are configured to support the evolving
    goals of the Department of Army and shall include an identification of
    each of the following:
                (1) The key operational capabilities currently available in
            both the afloat and ashore prepositioned stocks of the Army,
            organized by geographic region, including inventory levels in
            brigade sets, operational projects, and sustainment programs.
                (2) Any significant shortfalls that exist in such stocks,
            particularly in combat and support equipment, spare parts, and
            munitions, and how the Army would mitigate those shortfalls in
            the event of a new conflict.
                (3) The maintenance condition of prepositioned equipment and
            supplies, especially the key ``pacing'' items in brigade sets,
            including the percentage currently maintained at the Technical
            Manual-10/20 standard required by the Army.
                (4) The percentage of required cyclic maintenance performed
            on all stocks for each of fiscal years 2003, 2004, and 2005, and
            the quality control procedures used to ensure that such
            maintenance was completed according to Army standards.
                (5) Whether the oversight mechanisms and internal management
            reports of the Army with respect to such stocks

    [[Page 119 STAT. 3202]]

            are adequate and ensure an accurate portrayal of the readiness
            of such stocks.
                (6) The funding allocated and expended for prepositioning
            programs for each fiscal year beginning with fiscal year 2000,
            organized by region, and an assessment of whether the funding
            levels for such programs have been adequate to maintain program
            readiness.
                (7) The facilities used to store and maintain brigade sets,
            organized by region, and whether those facilities provide
            adequate (or excess) capacity for the current and future
            mission.
                (8) The current funding for the war reserve, the sufficiency
            of the war reserve inventory, and the effect of the war reserve
            on the ability of the Army to conduct operations.

        (b) Report.--Not later than March 1, 2006, the Secretary shall
    submit to Congress a report on the assessment under subsection (a). The
    report shall include each of the matters specified in paragraphs (1)
    through (8) of that subsection.
        (c) Comptroller General Review.--Not later than 120 days after the
    date of the receipt of the report under subsection (b), the Comptroller
    General shall submit to Congress a review of the assessment conducted by
    the Secretary of the Army under subsection (a). The review under this
    subsection shall include the following:
                (1) The Comptroller General's assessment of whether the
            assessment by the Secretary of the Army under subsection (a)
            comprehensively addresses each of the matters specified in
            paragraphs (1) through (8) of that subsection.
                (2) The extent to which any shortfall or other issue
            reported by the Secretary of the Army or identified by the
            Comptroller General has been addressed and an assessment of any
            plan to address any remaining such shortfalls in the future.

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

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

    [[Page 119 STAT. 3203]]

            established for base operations support, sustainment, and
            facilities recapitalization for at least the four succeeding
            fiscal years.
                (5) If the requested funding levels for base operations
            support, sustainment, and facilities recapitalization for the
            fiscal year covered by the report deviate from the goals for
            that fiscal year contained in the preceding report, or the
            funding goals established for succeeding fiscal years deviate
            from the goals for those fiscal years contained in the preceding
            report, a justification for the funding levels and goals and an
            explanation of the reasons for the changes from the preceding
            report.

    SEC. 353. <<NOTE: 10 USC 3013 note.>> ARMY TRAINING STRATEGY FOR
                BRIGADE-BASED COMBAT TEAMS AND FUNCTIONAL SUPPORTING
                BRIGADES.

        (a) Training Strategy.--
                (1) Strategy required.--The Secretary of the Army shall
            develop and implement a strategy for the training of brigade-
            based combat teams and functional supporting brigades in order
            to ensure the readiness of such teams and brigades.
                (2) Elements.--The training strategy under paragraph (1)
            shall include the following:
                        (A) A statement of the purpose of training for
                    brigade-based combat teams and functional supporting
                    brigades.
                        (B) Performance goals for both active-component and
                    reserve-component brigade-based combat teams and
                    functional supporting brigades, including goals for
                    live, virtual, and constructive training.
                        (C) Metrics to quantify training performance against
                    the performance goals specified under subparagraph (B).
                        (D) A process to report the status of collective
                    training to Army leadership for monitoring the training
                    performance of brigade-based combat teams and functional
                    supporting brigades.
                        (E) A model to quantify, and to forecast, operation
                    and maintenance funding required for each fiscal year to
                    attain the performance goals specified under
                    subparagraph (B).
                (3) Timing of implementation.--The Secretary of the Army
            shall develop and implement the training strategy under
            paragraph (1) as soon as practicable.

        (b) Report.--
                (1) Report required.--Not later than one year after the date
            of the enactment of this Act, the Secretary of the Army shall
            submit to the congressional defense committees a report on the
            training strategy developed under subsection (a).
                (2) Elements.--The report under paragraph (1) shall include
            the following:
                        (A) A discussion of the training strategy developed
                    under subsection (a), including a description of the
                    performance goals and metrics developed under that
                    subsection.
                        (B) A discussion and description of the training
                    ranges and other essential elements required to support
                    the training strategy.
                        (C) A list of the funding requirements, shown by
                    fiscal year and set forth in a format consistent with
                    the future-years defense program to accompany the budget
                    of the President under section 221 of title 10, United
                    States Code, necessary to meet the requirements of the
                    training ranges

    [[Page 119 STAT. 3204]]

                    and other essential elements described under
                    subparagraph (B).
                        (D) A schedule for the implementation of the
                    training strategy.

        (c) Comptroller General Review of Implementation.--
                (1) In general.--The Comptroller General shall monitor the
            implementation of the training strategy developed under
            subsection (a).
                (2) Report.--Not later than 180 days after the date on which
            the Secretary of the Army submits the report under subsection
            (b), the Comptroller General shall submit to the congressional
            defense committees a report containing the assessment of the
            Comptroller General of the current progress of the Army in
            implementing the training strategy.

    SEC. 354. <<NOTE: 10 USC 113 note.>> REPORT REGARDING EFFECT ON MILITARY
                READINESS OF UNDOCUMENTED IMMIGRANTS TRESPASSING UPON
                OPERATIONAL RANGES.

        (a) Report Containing Assessment and Response Plan.--Not later than
    April 15, 2006, the Secretary of Defense shall submit to Congress a
    report containing--
                (1) an assessment of the impact on military readiness caused
            by undocumented immigrants whose entry into the United States
            involves trespassing upon operational ranges of the Department
            of Defense; and
                (2) a plan for the implementation of measures to prevent
            such trespass.

        (b) Preparation and Elements of Assessment.--The assessment required
    by subsection (a)(1) shall be prepared by the Secretary of Defense. The
    assessment shall include the following:
                (1) A listing of the operational ranges adversely affected
            by the trespass of undocumented immigrants upon operational
            ranges.
                (2) A description of the types of range activities affected
            by such trespass.
                (3) A determination of the amount of time lost for range
            activities, and the increased costs incurred, as a result of
            such trespass.
                (4) An evaluation of the nature and extent of such trespass
            and means of travel.
                (5) An evaluation of the factors that contribute to the use
            by undocumented immigrants of operational ranges as a means to
            enter the United States.
                (6) A description of measures currently in place to prevent
            such trespass, including the use of barriers to vehicles and
            persons, military patrols, border patrols, and sensors.

        (c) Preparation and Elements of Plan.--The plan required by
    subsection (a)(2) shall be prepared jointly by the Secretary of Defense
    and the Secretary of Homeland Security. The plan shall include the
    following:
                (1) The types of measures to be implemented to improve
            prevention of trespass of undocumented immigrants upon
            operational ranges, including the specific physical methods,
            such as barriers and increased patrols or monitoring, to be
            implemented and any legal or other policy changes recommended by
            the Secretaries.

    [[Page 119 STAT. 3205]]

                (2) The costs of, and timeline for, implementation of the
            plan.

        (d) Implementation Reports.--Not later than September 15, 2006,
    March 15, 2007, September 15, 2007, and March 15, 2008, the Secretary of
    Defense shall submit to Congress a report detailing the progress made by
    the Department of Defense, during the period covered by the report, in
    implementing measures recommended in the plan required by subsection
    (a)(2) to prevent undocumented immigrants from trespassing upon
    operational ranges. Each report shall include the number and types of
    mitigation measures implemented and the success of such measures in
    preventing such trespass.
        (e) Definitions.--In this section, the terms ``operational range''
    and ``range activities'' have the meaning given those terms in section
    101(e) of title 10, United States Code.

    SEC. 355. REPORT REGARDING MANAGEMENT OF ARMY LODGING.

        (a) Report on Merits and Impacts of Privatization.--The Secretary of
    the Army shall submit to Congress a report containing the results of a
    study evaluating the merits of privatization of Army lodging. The study
    should consider at a minimum the following:
                (1) The potential overall costs and benefits of
            privatization of Army lodging.
                (2) Whether current lodging agreements with the Army and Air
            Force Exchange Service to provide hospitality telecommunication
            services would be impacted by privatization and whether the
            proposed change will have an impact on funds contributed to
            morale, welfare, and recreation accounts.
                (3) Whether privatization of Army lodging will result in
            significant cost increases to members of the Armed Forces or
            other eligible patrons or the loss of such lodging if it is
            determined that management of such lodging is not a profitable
            marketing venture.
                (4) Whether privatization of Army lodging will provide
            ancillary support facilities and services that might impact the
            Army and Air Force Exchange Service and to what extent such
            facilities and services may impact the funds contributed to
            morale, welfare, and recreation accounts.
                (5) The number of Army lodging personnel who would be
            impacted by privatization and the total personnel-related costs
            that could occur as a result of privatization.

        (b) Army and Air Force Exchange Service Participation in
    Privatization.--The Army and Air Force Exchange Service shall submit to
    Congress a report commenting on the feasibility of its participation in
    privatization of Army lodging. The report should include at a minimum
    the following:
                (1) The potential overall costs and benefits of an Army and
            Air Force Exchange Service partnership in Army lodging.
                (2) Whether the Army and Air Force Exchange Service can
            adequately participate as a partner in the management of Army
            lodging, including whether such participation could enhance the
            quality of lodging and improve access to such lodging when
            provided through a nonprofit organization versus a partnership
            with a for-profit corporation.
                (3) Whether there are certain benefits, including cost
            benefits, to having the Army and Air Force Exchange Service
            become

    [[Page 119 STAT. 3206]]

            the partner with the Army that would not exist were the Army to
            partner with a private sector entity.
                (4) The number of Army lodging personnel who would be
            impacted by an Army and Air Force Exchange Service partnership
            and the total personnel related costs that could occur as a
            result of such partnership.

        (c) Limitation Pending Submission of Report.--Until the Secretary of
    the Army submits the report required by subsection (a) to Congress, the
    Secretary may not solicit or consider any request for qualifications
    that would privatize Army lodging beyond the level of privatization
    identified for inclusion in Group A of the Privatization of Army Lodging
    Initiative.

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

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

    [[Page 119 STAT. 3207]]

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

        (a) In General.--The Secretary of Defense shall conduct a study on
    the use of biodiesel and ethanol fuel by the Armed Forces and the
    Defense Agencies and any measures that can be taken to increase such
    use.
        (b) Elements.--The study shall include--
                (1) an evaluation of the historical utilization of biodiesel
            and ethanol fuel by the Armed Forces and the Defense Agencies,
            including the quantity of biodiesel and ethanol fuel acquired by
            the Department of Defense for the Armed Forces and the Defense
            Agencies during the 5-year period ending on the date of the
            report under subsection (c);
                (2) a review and assessment of potential requirements for
            increased use of biodiesel and ethanol fuel within the
            Department of Defense and any research and development efforts
            required to meet those increased requirements;
                (3) based on the review under paragraph (2), a forecast of
            the requirements of the Armed Forces and the Defense Agencies
            for biodiesel and ethanol fuels for each of fiscal years 2007
            through 2012;
                (4) an assessment of the current and future commercial
            availability of biodiesel and ethanol fuel, including facilities
            for the production, storage, transportation, distribution, and
            commercial sale of such fuel;
                (5) an assessment of the utilization by the Department of
            Defense of the commercial infrastructure for ethanol fuel as
            described in paragraph (4);
                (6) a review of the actions of the Department of Defense to
            coordinate with State, local, and private entities to support
            the expansion and use of alternative fuel refueling stations
            that are accessible to the public; and
                (7) an assessment of the fueling infrastructure on military
            installations in the United States, including storage and
            distribution facilities, that could be adapted or converted for
            the delivery of biodiesel and ethanol fuel, including--
                        (A) an assessment of cost of the adaptation or
                    conversion of such infrastructure to the delivery of
                    biodiesel and ethanol fuel; and
                        (B) an assessment of the feasibility and
                    advisability of that adaptation or conversion.

        (c) Report.--Not later than 270 days after the date of the enactment
    of this Act, the Secretary shall submit to the Committee on Armed
    Services of the Senate and the Committee on Armed Services of the House
    of Representatives a report on the study conducted under this section.
        (d) Definitions.--In this section:
                (1) The term ``ethanol fuel'' means fuel that is 85 percent
            ethyl alcohol.
                (2) The term ``biodiesel'' means a diesel fuel substitute
            produced from nonpetroleum renewable resources that meets the
            registration requirements for fuels and fuel additives
            established by the Environmental Protection Agency under section
            211 of the Clean Air Act (42 U.S.C. 7545).

    [[Page 119 STAT. 3208]]

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

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

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

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

        (b) Consultation.--The Secretary of Defense shall prepare the report
    in consultation with the Secretary of Veterans Affairs.

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

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

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

        (a) Reports Required.--In each of 2006, 2007, and 2008, at or about
    the time that the budget of the President is submitted to Congress that
    year under section 1105(a) of title 31, United States Code, the
    Secretary of Defense shall submit to Congress a report on the budgeting
    of the Department of Defense for the sustainment of key military
    equipment.

    [[Page 119 STAT. 3209]]

        (b) Report Elements.--The report required by subsection (a) for a
    year shall set forth the following:
                (1) A description of the current strategies of the
            Department of Defense for sustaining key military equipment, and
            for any modernization that will be required of such equipment.
                (2) A description of the amounts required for the Department
            for the fiscal year beginning in such year in order to fully
            fund the strategies described in paragraph (1).
                (3) A description of the amounts requested for the
            Department for such fiscal year in order to fully fund such
            strategies.
                (4) A description of the risks, if any, of failing to fund
            such strategies in the amounts required to fully fund such
            strategies (as specified in paragraph (2)).
                (5) A description of the actions being taken by the
            Department of Defense to mitigate the risks described in
            paragraph (4).

        (c) Key Military Equipment Defined.--In this section, the term ``key
    military equipment''--
                (1) means--
                        (A) major weapons systems that are essential to
                    accomplishing the national defense strategy; and
                        (B) other military equipment, such as major command,
                    control, communications, computer, intelligence,
                    surveillance, and reconnaissance (C4ISR) equipment, and
                    systems designed to prevent fratricide, that is critical
                    to the readiness of military units; and
                (2) includes equipment reviewed in the report of the
            Comptroller General of the United States numbered GAO-06-141.

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

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

                            Subtitle G--Other Matters

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

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

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

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

    [[Page 119 STAT. 3210]]

    ``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 modification
    of an aircraft, weapon, vessel, or other item of equipment that the
    Secretary plans to retire or otherwise dispose of within five years
    after the date on which the modification, if carried out, would be
    completed.
        ``(b) Exceptions.--
                ``(1) Exception for below-threshold modifications.--The
            prohibition in subsection (a) does not apply to a modification
            for which the cost is less than $100,000.
                ``(2) Exception for transfer of reusable items of value.--
            The prohibition in subsection (a) does not apply to a
            modification in a case in which--
                        ``(A) the reusable items of value, as determined by
                    the Secretary, installed on the item of equipment as
                    part of such modification will, upon the retirement or
                    disposal of the item to be modified, be removed from
                    such item of equipment, refurbished, and installed on
                    another item of equipment; and
                        ``(B) the cost of such modification (including the
                    cost of the removal and refurbishment of reusable items
                    of value under subparagraph (A)) is less than
                    $1,000,000.
                ``(3) Exception for safety modifications.--The prohibition
            in subsection (a) does not apply to a safety modification.

        ``(c) Waiver Authority.--The Secretary concerned may waive the
    prohibition in subsection (a) in the case of any modification otherwise
    subject to that subsection if the Secretary determines that carrying out
    the modification is in the national security interest of the United
    States. Whenever the Secretary issues such a waiver, the Secretary shall
    notify the congressional defense committees in writing.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by inserting after the item relating to section
    2244 the following new item:

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

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

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

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

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

        ``Funds appropriated to the Department of Defense for operation and
    maintenance may not be used to purchase any item (including any item to
    be acquired as a replacement for an item) that has an investment item
    unit cost that is greater than $250,000.''.

    [[Page 119 STAT. 3211]]

        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by inserting after the item relating to section
    2245 the following new item:

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

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

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

    ``Sec. 2601. General gift funds

        ``(a) General Authority to Accept Gifts.--Subject to subsection
    (d)(2), the Secretary concerned may accept, hold, administer, and spend
    any gift, devise, or bequest of real property, personal property, or
    money made on the condition that the gift, devise, or bequest be used
    for the benefit, or in connection with, the establishment, operation, or
    maintenance, of a school, hospital, library, museum, cemetery, or other
    institution or organization under the jurisdiction of the Secretary.
        ``(b) Additional Authority to Accept Gifts to Benefit Certain
    Members, Dependents, and Civilian Employees.--(1) Subject to subsection
    (d)(2), the Secretary concerned may accept, hold, administer, and spend
    any gift, devise, or bequest of real property, personal property, money,
    or services made on the condition that the gift, devise, or bequest be
    used for the benefit of--
                ``(A) members of the armed forces, including members
            performing full-time National Guard duty under section 502(f) of
            title 32, who incur a wound, injury, or illness while in the
            line of duty;
                ``(B) civilian employees of the Department of Defense who
            incur a wound, injury, or illness while in the line of duty;
                ``(C) dependents of such members or employees; and
                ``(D) survivors of such members or employees who are killed.

        ``(2) The Secretary concerned may not accept a gift of services from
    a foreign government or international organization under this
    subsection. A gift of real property, personal property, or money from a
    foreign government or international organization may be accepted under
    this subsection only if the gift is not designated for a specific
    individual.
        ``(3) <<NOTE: Regulations.>> The Secretary of Defense shall
    prescribe regulations specifying the conditions that may be attached to
    a gift, devise, or bequest accepted under this subsection.

        ``(4) <<NOTE: Expiration date.>> The authority to accept gifts,
    devises, or bequests under this subsection expires on December 31, 2007.

        ``(c) Gift Funds.--Gifts and bequests of money, and the proceeds of
    the sale of property, received under subsection (a) or (b) shall be
    deposited in the Treasury in the following accounts:
                ``(1) The Department of the Army General Gift Fund, in the
            case of deposits made by the Secretary of the Army.
                ``(2) The Department of the Navy General Gift Fund, in the
            case of deposits made by the Secretary of the Navy.
                ``(3) The Department of the Air Force General Gift Fund, in
            the case of deposits made by the Secretary of the Air Force.
                ``(4) The Coast Guard General Gift Fund, in the case of
            deposits made by the Secretary of Homeland Security.

    [[Page 119 STAT. 3212]]

                ``(5) The Department of Defense General Gift Fund, in the
            case of deposits made by the Secretary of Defense.

        ``(d) Use of Gifts; Prohibitions.--(1) Except as provided in
    paragraph (2), property and money accepted under subsection (a) or (b)
    may be used by the Secretary concerned, and services accepted under
    subsection (b) may be performed, without further specific authorization
    in law.
        ``(2) Property and money may not be accepted under subsection (a)
    and property, money, and services may not be accepted under subsection
    (b)--
                ``(A) if the use of the property or money or the performance
            of the services in connection with any program, project, or
            activity would result in the violation of any prohibition or
            limitation otherwise applicable to such program, project, or
            activity;
                ``(B) if the conditions attached to the property, money, or
            services are inconsistent with applicable law or regulations;
                ``(C) if the Secretary concerned determines that the use of
            the property or money or the performance of the services would
            reflect unfavorably on the ability of the Department of Defense
            or the Coast Guard, any employee of the Department or Coast
            Guard, or any member of the armed forces to carry out any
            responsibility or duty in a fair and objective manner; or
                ``(D) if the Secretary concerned determines that the use of
            the property or money or the performance of the services would
            compromise the integrity or appearance of integrity of any
            program of the Department of Defense or Coast Guard, or any
            individual involved in such a program.

        ``(3) The Secretary concerned may disburse funds deposited in a gift
    fund referred to in subsection (c) for the purposes specified in
    subsections (a) and (b), subject to the terms of the gift, devise, or
    bequest.
        ``(e) Payment of Expenses.--The Secretary concerned may pay all
    necessary expenses in connection with the conveyance or transfer of a
    gift, devise, or bequest accepted under this section.
        ``(f) Treatment of Gifts.--For the purposes of Federal income,
    estate, and gift taxes, any property or money accepted under subsection
    (a) and any property, money, or services accepted under subsection (b)
    shall be considered as a gift, devise, or bequest to or for the use of
    the United States.
        ``(g) Management of Funds.--In the case of each gift fund referred
    to in subsection (c), the Secretary of the Treasury, upon the request of
    the Secretary concerned, may retain money, securities, and the proceeds
    of the sale of securities in the gift fund and may invest money and
    reinvest the proceeds of the sale of securities in the gift fund in
    securities of the United States or in securities guaranteed as to
    principal and interest by the United States. The interest and profits
    accruing from those securities shall be deposited to the credit of the
    gift fund and may be disbursed as provided in subsection (d).
        ``(h) Comptroller General Review.--The Comptroller General shall
    make periodic audits of gifts, devises, and bequests accepted under
    subsection (a) or (b) at such intervals as the Comptroller
    General <<NOTE: Reports.>> determines to be warranted. The Comptroller
    General shall submit to Congress a report on the results of each such
    audit.

    [[Page 119 STAT. 3213]]

        ``(i) Definitions.--In this section:
                ``(1) The term `Secretary concerned' includes the Secretary
            of Defense.
                ``(2) The term `services' includes activities that benefit
            the morale, welfare, or recreation of members of the armed
            forces and their dependents or are related or incidental to the
            conveyance of a gift, devise, or bequest of real property or
            personal property under subsection (a) or (b).''.

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

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

        (c) Conforming Amendments.--Such section is further amended--
                (1) in the heading for subsection (a), by striking ``Prepaid
            Phone Cards'' and inserting ``Benefit''; and
                (2) in the heading for subsection (e), by inserting ``or
            Internet Access'' after ``Telephone Equipment''.

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

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

    [[Page 119 STAT. 3214]]

                    Department to produce timely, reliable, and complete
                    financial management information.

        (b) Exception.--The limitation under subsection (a) shall not apply
    to an activity directed exclusively at assessing the adequacy of
    internal controls and remediating any inadequacy identified pursuant to
    such an assessment.

    SEC. 377. PROVISION OF WELFARE OF SPECIAL CATEGORY RESIDENTS AT NAVAL
                STATION GUANTANAMO BAY, CUBA.

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

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

        (a) Celebration Honoring Military Efforts in Operation Enduring
    Freedom and Operation Iraqi Freedom.--The President may--
                (1) designate a day of celebration to honor the soldiers,
            sailors, airmen, and Marines of the Armed Forces who have served
            in Operation Enduring Freedom or Operation Iraqi Freedom and
            have returned to the United States; and
                (2) issue a proclamation calling on the people of the United
            States to observe that day with appropriate ceremonies and
            activities.

        (b) Participation of Armed Forces in Celebration.--
                (1) Participation authorized.--Members and units of the
            Armed Forces may participate in activities associated with a day
            of celebration designated under subsection (a) that are held in
            Washington, District of Columbia.
                (2) Availability of funds.--Subject to paragraph (4),
            amounts authorized to be appropriated for the Department of
            Defense for fiscal year 2006 may be used to cover costs
            associated with the participation of members and units of the
            Armed Forces in the activities described in paragraph (1).
                (3) Acceptance of private contributions.--(A)
            Notwithstanding any other provision of law, the Secretary of
            Defense may accept cash contributions from private individuals
            and entities for the purposes of covering the costs of the
            participation of members and units of the Armed Forces in the
            activities described in paragraph (1). Amounts so accepted shall
            be deposited in an account established for purposes of this
            paragraph.
                (B) Amounts accepted under subparagraph (A) may be used for
            the purposes described in that subparagraph until expended.

    [[Page 119 STAT. 3215]]

                (4) Limitation.--The total amount of funds described in
            paragraph (2) that are available for the purpose set forth in
            that paragraph may not exceed the amount equal to--
                        (A) $20,000,000, minus
                        (B) the amount of any cash contributions accepted by
                    the Secretary under paragraph (3).

        (c) Award of Recognition Items.--
                (1) Authority to award.--Under regulations prescribed by the
            Secretary of Defense, appropriate recognition items may be
            awarded to any individual who served honorably as a member of
            the Armed Forces in Operation Enduring Freedom or Operation
            Iraqi Freedom during the Global War on Terrorism. The purpose of
            the award of such items is to recognize the contribution of such
            individuals to the success of the United States in those
            operations.
                (2) Recognition items defined.--In this subsection, the term
            ``recognition items'' means recognition items authorized for
            presentation under section 2261 of title 10, United States Code
            (as added by section 589 of this Act).

                    Subtitle H--Utah Test and Training Range

    SEC. 381. DEFINITIONS.

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

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

        (a) Findings.--The Congress finds the following:
                (1) The testing and development of military weapons systems
            and the training of military forces are critical to ensuring the
            national security of the United States.
                (2) The Utah Test and Training Range in the State of Utah is
            a unique and irreplaceable national asset at the core of the
            test and training mission of the Department of Defense.
                (3) The Cedar Mountain Wilderness Area designated by section
            384, as well as several wilderness study areas, are located near
            lands withdrawn for military use or are beneath special use
            airspace critical to the support of military test and training
            missions at the Utah Test and Training Range.

    [[Page 119 STAT. 3216]]

                (4) The Utah Test and Training Range and special use
            airspace withdrawn for military uses create unique management
            circumstances for the covered wilderness in this subtitle, and
            it is not the intent of Congress that passage of this subtitle
            shall be construed as establishing a precedent with respect to
            any future national conservation area or wilderness designation.
                (5) Continued access to the special use airspace and lands
            that comprise the Utah Test and Training Range, under the terms
            and conditions described in this subtitle, is a national
            security priority and is not incompatible with the protection
            and proper management of the natural, environmental, cultural,
            and other resources of such lands.

        (b) Overflights.--Nothing in this subtitle or the Wilderness Act
    shall preclude low-level overflights and operations of military
    aircraft, helicopters, missiles, or unmanned aerial vehicles over the
    covered wilderness, including military overflights and operations that
    can be seen or heard within the covered wilderness.
        (c) Special Use Airspace and Training Routes.--Nothing in this
    subtitle or the Wilderness Act shall preclude the designation of new
    units of special use airspace, the expansion of existing units of
    special use airspace, or the use or establishment of military training
    routes over the covered wilderness.
        (d) Communications and Tracking Systems.--Nothing in this subtitle
    shall prevent any required maintenance of existing communications,
    instrumentation, or electronic tracking systems (or infrastructure
    supporting such systems) or prevent the installation of new
    communication, instrumentation, or other equipment necessary for
    effective testing and training to meet military requirements in
    wilderness study areas located beneath special use airspace comprising
    the Utah Test and Training Range, including the Deep Creek, Fish
    Springs, Swasey Mountain, Howell Peak, Notch Peak, King Top, Wah Wah
    Mountain, and Conger Mountain units designated by the Department of
    Interior, so long as the Secretary of the Interior, after consultation
    with the Secretary of the Air Force, determines that the installation
    and maintenance of such systems, when considered both individually and
    collectively, comply with section 603 of the Federal Land Policy and
    Management Act of 1976 (43 U.S.C. 1782).
        (e) Emergency Access and Response.--Nothing in this subtitle or the
    Wilderness Act shall preclude the continuation of the memorandum of
    understanding in existence as of the date of the enactment of this Act
    between the Department of the Interior and the Department of the Air
    Force with respect to emergency access and response.
        (f) Prohibition on Ground Military Operations.--Except as provided
    in subsections (d) and (e), nothing in this section shall be construed
    to permit a military operation to be conducted on the ground in covered
    wilderness in the Utah Test and Training Range unless such ground
    operation is otherwise permissible under Federal law and consistent with
    the Wilderness Act.

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

        The Secretary of the Interior shall develop, maintain, and revise
    land use plans pursuant to section 202 of the Federal Land Policy

    [[Page 119 STAT. 3217]]

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

    SEC. 384. <<NOTE: National Wilderness Preservation System. 16 USC 1132
                note.>> DESIGNATION AND MANAGEMENT OF CEDAR MOUNTAIN
                WILDERNESS, UTAH.

        (a) Designation.--Certain Federal lands in Tooele County, Utah, as
    generally depicted on the map entitled ``Cedar Mountain Wilderness'' and
    dated March 7, 2004, are hereby designated as wilderness and, therefore,
    as a component of the National Wilderness Preservation System to be
    known as the Cedar Mountain Wilderness Area.
        (b) Withdrawal.--Subject to valid existing rights, the Federal lands
    in the Cedar Mountain Wilderness Area are hereby withdrawn from all
    forms of entry, appropriation, or disposal under the public land laws,
    from location, entry, and patent under the United States mining laws,
    and from disposition under all laws pertaining to mineral and geothermal
    leasing, and mineral materials, and all amendments to such laws.
        (c) Map and Description.--
                (1) Transmittal.--As soon as practicable after the date of
            the enactment of this Act, the Secretary of the Interior shall
            transmit a map and legal description of the Cedar Mountain
            Wilderness Area to the Committee on Resources of the House of
            Representatives and the Committee on Energy and Natural
            Resources of the Senate.
                (2) Legal effect.--The map and legal description shall have
            the same force and effect as if included in this Act, except
            that the Secretary of the Interior may correct clerical and
            typographical errors in the map and legal description.
                (3) Availability.--The map and legal description shall be on
            file and available for public inspection in the office of the
            Director of the Bureau of Land Management and the office of the
            State Director of the Bureau of Land Management in the State of
            Utah.

        (d) Administration.--Subject to valid existing rights and this
    subtitle, the Cedar Mountain Wilderness Area shall be administered by
    the Secretary of the Interior in accordance with the provisions of the
    Wilderness Act, except that any reference in such provisions to the
    effective date of the Wilderness Act (or any similar reference) shall be
    deemed to be a reference to the date of the enactment of this Act.
        (e) Land Acquisition.--Any lands or interest in lands within the
    boundaries of the Cedar Mountain Wilderness Area acquired by the United
    States after the date of the enactment of this Act shall be added to and
    administered as part of the Cedar Mountain Wilderness Area.
        (f) Fish and Wildlife Management.--As provided in section 4(d)(7) of
    the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle
    shall be construed as affecting the jurisdiction of the State of Utah
    with respect to fish and wildlife on the Federal lands located in that
    State.

    [[Page 119 STAT. 3218]]

        (g) Grazing.--Within the Cedar Mountain Wilderness Area, the grazing
    of livestock, where established before the date of the enactment of this
    Act, shall be permitted to continue subject to such reasonable
    regulations, policies, and practices as the Secretary of the Interior
    considers necessary, as long as such regulations, policies, and
    practices fully conform with and implement the intent of Congress
    regarding grazing in such areas, as such intent is expressed in the
    Wilderness Act, section 101(f) of Public Law 101-628 (104 Stat. 4473),
    and appendix A of the Report of the Committee on Interior and Insular
    Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101-405).
        (h) Buffer Zones.--Congress does not intend for the designation of
    the Cedar Mountain Wilderness Area to lead to the creation of protective
    perimeters or buffer zones around the wilderness area. The fact that
    nonwilderness activities or uses can be seen or heard within the
    wilderness area shall not, of itself, preclude such activities or uses
    up to the boundary of the wilderness area.
        (i) Release From Wilderness Study Area Status.--The lands identified
    as the Browns Spring Cherrystem on the map entitled ``Proposed Browns
    Spring Cherrystem'' and dated May 11, 2004, are released from their
    status as a wilderness study area, and shall no longer be subject to the
    requirements of section 603(c) of the Federal Land Policy and Management
    Act of 1976 (43 U.S.C. 1782(c)) pertaining to the management of
    wilderness study areas in a manner that does not impair the suitability
    of those areas for preservation of wilderness.

    SEC. 385. RELATION TO OTHER LANDS.

        Nothing in this subtitle shall be construed to affect any Federal
    lands located outside of the covered wilderness or the management of
    such lands.

                   TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                            Subtitle A--Active Forces

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

                           Subtitle B--Reserve Forces

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

                   Subtitle C--Authorization of Appropriations

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

                            Subtitle A--Active Forces

    SEC. 401. <<NOTE: 10 USC 115 note.>> END STRENGTHS FOR ACTIVE FORCES.

        (a) In General.--The Armed Forces are authorized strengths for
    active duty personnel as of September 30, 2006, as follows:

    [[Page 119 STAT. 3219]]

                (1) The Army, 512,400.
                (2) The Navy, 352,700.
                (3) The Marine Corps, 179,000.
                (4) The Air Force, 357,400.

        (b) Limitation.--
                (1) Army.--The authorized strength for the Army provided in
            paragraph (1) of subsection (a) for active duty personnel for
            fiscal year 2006 is subject to the condition that costs of
            active duty personnel of the Army for that fiscal year in excess
            of 482,400 shall be paid out of funds authorized to be
            appropriated for that fiscal year for a contingent emergency
            reserve fund or as an emergency supplemental appropriation.
                (2) Marine corps.--The authorized strength for the Marine
            Corps provided in paragraph (3) of subsection (a) for active
            duty personnel for fiscal year 2006 is subject to the condition
            that costs of active duty personnel of the Marine Corps for that
            fiscal year in excess of 175,000 shall be paid out of funds
            authorized to be appropriated for that fiscal year for a
            contingent emergency reserve fund or as an emergency
            supplemental appropriation.

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

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

    SEC. 403. <<NOTE: 10 USC 115 notes.>> ADDITIONAL AUTHORITY FOR INCREASES
                OF ARMY AND MARINE CORPS ACTIVE DUTY END STRENGTHS FOR
                FISCAL YEARS 2007 THROUGH 2009.

        Effective <<NOTE: Effective date.>> 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

    [[Page 119 STAT. 3220]]

                    brigades and battalions, increased unit manning, force
                    stabilization and shaping, and rebalancing of the active
                    and reserve component forces.
                ``(4) Fiscal-year 2006 baseline.--In this subsection, the
            term `fiscal-year 2006 baseline', with respect to the Army and
            Marine Corps, means the active-duty end strength authorized for
            those services in section 401 of the National Defense
            Authorization Act for Fiscal Year 2006.
                ``(5) Active-duty end strength.--In this subsection, the
            term `active-duty end strength' means the strength for active-
            duty personnel of one the Armed Forces as of the last day of a
            fiscal year.

        ``(b) Relationship to Presidential Waiver Authority.--Nothing in
    this section shall be construed to limit the President's authority under
    section 123a of title 10, United States Code, to waive any statutory end
    strength in a time of war or national emergency.
        ``(c) Relationship to Other Variance Authority.--The authority under
    subsection (a) is in addition to the authority to vary authorized end
    strengths that is provided in subsections (e) and (f) of section 115 of
    title 10, United States Code.
        ``(d) Budget Treatment.--
                ``(1) Fiscal year 2007 budget.--The budget for the
            Department of Defense for fiscal year 2007 as submitted to
            Congress shall comply, with respect to funding, with subsections
            (c) and (d) of section 691 of title 10, United States Code.
                ``(2) Other increases.--If the Secretary of Defense plans to
            increase the Army or Marine Corps active duty end strength for a
            fiscal year under subsection (a), then the budget for the
            Department of Defense for that fiscal year as submitted to
            Congress shall include the amounts necessary for funding that
            active duty end strength in excess of the fiscal year 2006
            active duty end strength authorized for that service under
            section 401 of the National Defense Authorization Act for Fiscal
            Year 2006.''.

                           Subtitle B--Reserve Forces

    SEC. 411. <<NOTE: 10 USC 12001 note.>> END STRENGTHS FOR SELECTED
                RESERVE.

        (a) In General.--The Armed Forces are authorized strengths for
    Selected Reserve personnel of the reserve components as of September 30,
    2006, as follows:
                (1) The Army National Guard of the United States, 350,000.
                (2) The Army Reserve, 205,000.
                (3) The Navy Reserve, 73,100.
                (4) The Marine Corps Reserve, 39,600.
                (5) The Air National Guard of the United States, 106,800.
                (6) The Air Force Reserve, 74,000.
                (7) The Coast Guard Reserve, 10,000.

        (b) Adjustments.--The end strengths prescribed by subsection (a) for
    the Selected Reserve of any reserve component shall be proportionately
    reduced by--
                (1) the total authorized strength of units organized to
            serve as units of the Selected Reserve of such component which
            are on active duty (other than for training) at the end of the
            fiscal year; and

    [[Page 119 STAT. 3221]]

                (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. <<NOTE: 10 USC 12001 note.>> END STRENGTHS FOR RESERVES ON
                ACTIVE DUTY IN SUPPORT OF THE RESERVES.

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

    SEC. 413. <<NOTE: 10 USC 115 note.>> END STRENGTHS FOR MILITARY
                TECHNICIANS (DUAL STATUS).

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

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

        (a) Limitations.--
                (1) National guard.--Within the limitation provided in
            section 10217(c)(2) of title 10, United States Code, the number
            of non-dual status technicians employed by the National Guard as
            of September 30, 2006, may not exceed the following:
                        (A) For the Army National Guard of the United
                    States, 1,600.
                        (B) For the Air National Guard of the United States,
                    350.
                (2) Army reserve.--The number of non-dual status technicians
            employed by the Army Reserve as of September 30, 2006, may not
            exceed 695.
                (3) Air force reserve.--The number of non-dual status
            technicians employed by the Air Force Reserve as of September
            30, 2006, may not exceed 90.

    [[Page 119 STAT. 3222]]

        (b) Non-Dual Status Technicians Defined.--In this section, the term
    ``non-dual status technician'' has the meaning given that term in
    section 10217(a) of title 10, United States Code.

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

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

                   Subtitle C--Authorization of Appropriations

    SEC. 421. MILITARY PERSONNEL.

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

    SEC. 422. ARMED FORCES RETIREMENT HOME.

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

                       TITLE V--MILITARY PERSONNEL POLICY

                      Subtitle A--Officer Personnel Policy

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

    [[Page 119 STAT. 3223]]

                    Subtitle B--Reserve Component Management

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

                       Subtitle C--Education and Training

                 Part I--Department of Defense Schools Generally

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

                Part II--United States Naval Postgraduate School

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

                   Part III--Reserve Officers' Training Corps

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

                             Part IV--Other Matters

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

                    Subtitle D--General Service Requirements

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

            Subtitle E--Military Justice and Legal Assistance Matters

    Sec. 551. Offense of stalking under the Uniform Code of Military
               Justice.

    [[Page 119 STAT. 3224]]

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

                   Subtitle F--Matters Relating to Casualties

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

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

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

                       Subtitle H--Decorations and Awards

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

                     Subtitle I--Consumer Protection Matters

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

              Subtitle J--Reports and Sense of Congress Statements

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

                            Subtitle K--Other Matters

    Sec. 589. Expansion and enhancement of authority to present recognition
               items for recruitment and retention purposes.
    Sec. 590. Extension of date of submittal of report of Veterans'
               Disability Benefits Commission.
    Sec. 591. Recruitment and enlistment of home-schooled students in the
               Armed Forces.
    Sec. 592. Modification of requirement for certain intermediaries under
               certain authorities relating to adoptions.
    Sec. 593. Adoption leave for members of the Armed Forces adopting
               children.
    Sec. 594. Addition of information to be covered in mandatory
               preseparation counseling.
    Sec. 595. Report on Transition Assistance Programs.
    Sec. 596. Improvement to Department of Defense capacity to respond to
               sexual assault affecting members of the Armed Forces.

    [[Page 119 STAT. 3225]]

    Sec. 597. Authority for appointment of Coast Guard flag officer as Chief
               of Staff to the President.
    Sec. 598. Prayer at military service academy activities.
    Sec. 599. Modification of authority to make military working dogs
               available for adoption.

                      Subtitle A--Officer Personnel Policy

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

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

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

        (a) Army.--Section 3911(b) of title 10, United States Code, is
    amended--
                (1) by inserting ``(1)'' after ``(b)'';
                (2) in paragraph (1), as so designated, by striking ``during
            the period beginning on October 1, 1990, and ending on December
            31, 2001'' and inserting ``during the period specified in
            paragraph (2),''; and
                (3) by adding at the end the following new paragraph:

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

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

    [[Page 119 STAT. 3226]]

        ``(2) The period specified in this paragraph is the period beginning
    on the date of the enactment of the National Defense Authorization Act
    for Fiscal Year 2006 and ending on December 31, 2008.''.

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

        (a) Distribution Limitations.--Section 525 of title 10, United
    States Code, is amended by adding at the end the following new
    subsection:
        ``(e) In determining the total number of general officers or flag
    officers of an armed force on active duty for purposes of this section,
    the following officers shall not be counted:
                ``(1) An officer of that armed force in the grade of
            brigadier general or above or, in the case of the Navy, in the
            grade of rear admiral (lower half) or above, who is on leave
            pending the retirement, separation, or release of that officer
            from active duty, but only during the 60-day period beginning on
            the date of the commencement of such leave of such officer.
                ``(2) An officer of that armed force who has been relieved
            from a position designated under section 601(a) of this title
            and is under orders to assume another such position, but only
            during the 60-day period beginning on the date on which those
            orders are published.''.

        (b) Active-Duty Strength Limitations.--
                (1) In general.--Section 526 of such title is amended by
            adding at the end the following new subsection:

        ``(e) Exclusion of Certain Officers Pending Separation or Retirement
    or Between Senior Positions.--The limitations of this section do not
    apply to a general or flag officer who is covered by an exclusion under
    section 525(e) of this title.''.
                (2) Conforming amendment.--The heading of subsection (d) of
            such section is amended by striking ``Certain Officers'' and
            inserting ``Certain Reserve Officers''.

        (c) Prohibition of Frocking to Grades Above Major General and Rear
    Admiral.--Section 777(a) of such title is amended by inserting ``in a
    grade below the grade of major general or, in the case of the Navy, rear
    admiral,'' after ``An officer'' in the first sentence.

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

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

    [[Page 119 STAT. 3227]]

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

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

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

        (a) Officers on Active-Duty List.--
                (1) In general.--Section 615(a) of title 10, United States
            Code, is amended--
                        (A) by redesignating paragraphs (3), (4), (5), and
                    (6) as paragraphs (4), (5), (6), and (7), respectively;
                    and
                        (B) by inserting after paragraph (2) the following
                    new paragraph (3):

        ``(3) In the case of an eligible officer considered for promotion to
    a grade above colonel or, in the case of the Navy, captain, any credible
    information of an adverse nature, including any substantiated adverse
    finding or conclusion from an officially documented investigation or
    inquiry, shall be furnished to the selection board in accordance with
    standards and procedures set out in the regulations prescribed by the
    Secretary of Defense pursuant to paragraph (1).''.
                (2) Conforming amendments.--Such section is further
            amended--
                        (A) in paragraph (4), as redesignated by paragraph
                    (1)(A) of this subsection, by striking ``paragraph (2)''
                    and inserting ``paragraphs (2) and (3)'';
                        (B) in paragraph (5), as so redesignated, by
                    striking ``and (3)'' and inserting ``, (3), and (4)'';
                        (C) in paragraph (6), as so redesignated--
                              (i) in the matter preceding subparagraph (A),
                          by inserting ``, or in paragraph (3),'' after
                          ``paragraph (2)''; and
                              (ii) in subparagraph (B), by inserting ``or
                          (3), as applicable'' after ``paragraph (2)''; and
                        (D) in subparagraph (A) of paragraph (7), as so
                    redesignated, by inserting ``or (3)'' after ``paragraph
                    (2)(B)''.

        (b) Reserve Officers.--
                (1) In general.--Section 14107(a) of title 10, United States
            Code, is amended--
                        (A) by redesignating paragraphs (3), (4), (5), and
                    (6) as paragraphs (4), (5), (6), and (7), respectively;
                    and
                        (B) by inserting after paragraph (2) the following
                    new paragraph (3):

        ``(3) In the case of an eligible officer considered for promotion to
    a grade above colonel or, in the case of the Navy, captain, any credible
    information of an adverse nature, including any

    [[Page 119 STAT. 3228]]

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

        (c) <<NOTE: 10 USC 615 note.>> Effective Date.--The amendments made
    by this section shall take effect on October 1, 2006, and shall apply
    with respect to promotion selection boards convened on or after that
    date.

    SEC. 507. APPLICABILITY OF OFFICER DISTRIBUTION AND STRENGTH LIMITATIONS
                TO OFFICERS SERVING IN INTELLIGENCE COMMUNITY POSITIONS.

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

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

        ``(a) Exclusion of Officer Serving in Certain CIA Positions.--When
    either of the individuals serving in a position specified in subsection
    (b) is an officer of the armed forces, one of those officers, while
    serving in that position, shall be excluded from the limitations in
    sections 525 and 526 of this title.
        ``(b) Covered Positions.--The positions referred to in this
    subsection are the following:
                ``(1) Director of the Central Intelligence Agency.
                ``(2) Deputy Director of the Central Intelligence Agency.

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

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

    [[Page 119 STAT. 3229]]

    SEC. 508. GRADES OF THE JUDGE ADVOCATES GENERAL.

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

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

        (a) Waiver of Mandatory Retirement for Years of Service.--
                (1) Lieutenant colonels and commanders.--Section 633 of
            title 10, United States Code, is amended--
                        (A) by striking ``Except an'' and all that follows
                    through ``except as provided'' and inserting ``(a) 28
                    Years of Active Commissioned Service.--Except as
                    provided in subsection (b) and as provided''; and
                        (B) by adding at the end the following:

        ``(b) Exceptions.--Subsection (a) does not apply to the following:
                ``(1) An officer of the Navy or Marine Corps who is an
            officer designated for limited duty to whom section 5596(e) or
            6383 of this title applies.
                ``(2) An officer of the Navy or Marine Corps who is a
            permanent professor at the United States Naval Academy.''.
                (2) Colonels and navy captains.--Section 634 of such title
            is amended--
                        (A) by striking ``Except an'' and all that follows
                    through ``except as provided'' and inserting ``(a) 30
                    Years of Active Commissioned Service.--Except as
                    provided in subsection (b) and as provided''; and
                        (B) by adding at the end the following:

        ``(b) Exceptions.--Subsection (a) does not apply to the following:
                ``(1) An officer of the Navy who is designated for limited
            duty to whom section 6383(a)(4) of this title applies.
                ``(2) An officer of the Navy or Marine Corps who is a
            permanent professor at the United States Naval Academy.''.

        (b) Authority for Retention of Permanent Professors Beyond 30
    Years.--
                (1) Authority.--Chapter 603 of such title is amended by
            inserting after section 6969 the following new section:

    [[Page 119 STAT. 3230]]

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

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

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

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

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

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

    [[Page 119 STAT. 3231]]

                ``(2) An officer who is a permanent professor at the United
            States Naval Academy.
                ``(3) An officer who is a permanent professor or the
            registrar of the United States Air Force Academy.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of such chapter is amended by inserting after the item
            relating to section 1251 the following new item:

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

                (3) Conforming amendment.--Section 1251(a) of such title is
            amended--
                        (A) in the first sentence, by inserting ``, a
                    permanent professor at the United States Naval
                    Academy,'' after ``Air Force Academy''; and
                        (B) by striking the second sentence.

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

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

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

                    Subtitle B--Reserve Component Management

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

        Section 14512(a) of title 10, United States Code, is amended--
                (1) by inserting ``(1)'' before ``Unless retired,'';
                (2) by striking ``who is Chief'' and all that follows
            through ``of a State,'' and inserting ``who is specified in
            paragraph (2)''; and
                (3) by adding at the end the following new paragraph:

        ``(2) Paragraph (1) applies to a reserve officer of the Army or Air
    Force who is any of the following:
                ``(A) The Chief of the National Guard Bureau.

    [[Page 119 STAT. 3232]]

                ``(B) The Chief of the Army Reserve, Chief of the Air Force
            Reserve, Director of the Army National Guard, or Director of the
            Air National Guard.
                ``(C) An adjutant general.
                ``(D) If a reserve officer of the Army, the commanding
            general of the troops of a State.''.

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

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

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

        (a) Deferral of Separation.--Section 10216 of title 10, United
    States Code, is amended by adding at the end the following new
    subsection:
        ``(f) Deferral of Mandatory Separation.--The Secretary of the Army
    shall implement personnel policies so as to allow a military technician
    (dual status) who continues to meet the requirements of this section for
    dual status to continue to serve beyond a mandatory removal date for
    officers, and any applicable maximum years of service limitation, until
    the military technician (dual status) reaches age 60 and attains
    eligibility for an unreduced annuity (as defined in section 10218(c) of
    this title).''.
        (b) <<NOTE: 10 USC 10216 note.>> 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,

    [[Page 119 STAT. 3233]]

            Delaware, Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk,
            Sullivan, Ulster, and Westchester.
                (2) In the State of Virginia: Arlington.

        (d) <<NOTE: Effective date.>> Applicability.--Subsection (a) shall
    take effect as of September 11, 2001.

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

        (a) Redesignation of Reserve Component.--
                (1) <<NOTE: 10 USC 10101 note.>> Redesignation.--The reserve
            component of the Armed Forces known as the Naval Reserve is
            redesignated as the Navy Reserve.
                (2) Conforming repeal.--Section 517 of the Ronald W. Reagan
            National Defense Authorization Act for Fiscal Year 2005 (Public
            Law 108-375; 118 Stat. 1884; 10 U.S.C. 10101 note) is repealed.

        (b) Conforming Amendments to Title 10, United States Code.--
                (1) Text amendments.--Title 10, United States Code, is
            amended by striking ``Naval Reserve'' each place it appears in
            the following provisions and inserting ``Navy Reserve'':
                        (A) Section 513(a).
                        (B) Section 516.
                        (C) Section 526(b)(2)(C)(i).
                        (D) Section 971(a).
                        (E) Section 5001(a)(1).
                        (F) Section 5143.
                        (G) Section 5596(c).
                        (H) Section 6323(f).
                        (I) Section 6327.
                        (J) Section 6330(b).
                        (K) Section 6331(a)(2).
                        (L) Section 6336.
                        (M) Section 6389.
                        (N) Section 6911(c)(1).
                        (O) Section 6913(a).
                        (P) Section 6915.
                        (Q) Section 6954(b)(3).
                        (R) Section 6956(a)(2).
                        (S) Section 6959.
                        (T) Section 7225.
                        (U) Section 7226.
                        (V) Section 7605(1).
                        (W) Section 7852.
                        (X) Section 7853.
                        (Y) Section 7854.
                        (Z) Section 10101(3).
                        (AA) Section 10108.
                        (BB) Section 10172.
                        (CC) Section 10301(a)(7).
                        (DD) Section 10303.
                        (EE) Section 12004(e)(2).
                        (FF) Section 12005.
                        (GG) Section 12010.
                        (HH) Section 12011(a)(2).
                        (II) Section 12012(a).
                        (JJ) Section 12103.

    [[Page 119 STAT. 3234]]

                        (KK) Section 12205.
                        (LL) Section 12207(b)(2).
                        (MM) Section 12732.
                        (NN) Section 12774(b) (other than the first place it
                    appears).
                        (OO) Section 14002(b).
                        (PP) Section 14101(a)(1).
                        (QQ) Section 14107(d).
                        (RR) Section 14302(a)(1)(A).
                        (SS) Section 14313(b).
                        (TT) Section 14501(a).
                        (UU) Section 14512(b).
                        (VV) Section 14705(a).
                        (WW) Section 16201(d)(1)(B)(ii).
                (2) Subsection caption amendments.--Such title is further
            amended in sections 971(a) and 5143(a) by striking ``Naval
            Reserve'' and inserting ``Navy Reserve''.
                (3) Section heading amendments.--Such title is further
            amended as follows:
                        (A) The heading of section 5143 is amended to read
                    as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    [[Page 119 STAT. 3235]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    ``10172. Navy Reserve Force.''.

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

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

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

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

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

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

        (c) Conforming Amendment to Title 14, United States Code.--Section
    705 of title 14, United States Code, is amended by striking ``Naval
    Reserve'' each place it appears and inserting ``Navy Reserve''.
        (d) Conforming Amendments to Title 37, United States Code.--

    [[Page 119 STAT. 3236]]

                (1) Text amendments.--Title 37, United States Code, is
            amended by striking ``Naval Reserve'' each place it appears in
            the following provisions and inserting ``Navy Reserve'':
                        (A) Section 101(24)(C).
                        (B) Section 201(d).
                        (C) Section 205(a)(2)(I).
                        (D) Section 301c(d).
                        (E) Section 319(a).
                        (F) Section 905.
                (2) Subsection caption amendment.--Section 301c(d) of such
            title is further amended by striking ``Naval Reserve'' and
            inserting ``Navy Reserve''.

        (e) Conforming Amendments to Title 38, United States Code.--Title
    38, United States Code, is amended by striking ``Naval Reserve'' each
    place it appears in the following provisions and inserting ``Navy
    Reserve'':
                (1) Section 101(27)(B).
                (2) Section 3002(6)(C).
                (3) Section 3202(1)(C)(iii).
                (4) Section 3452(a)(3)(C).

        (f) Conforming Amendments to Other Codified Titles.--
                (1) Title 5, united states code.--Section 2108(1)(B) of
            title 5, United States Code, is amended by striking ``Naval
            Reserve'' and inserting ``Navy Reserve''.
                (2) Title 18, united states code.--Section 2387(b) of title
            18, United States Code, is amended by striking ``Naval Reserve''
            and inserting ``Navy Reserve''.
                (3) Title 46, united states code.--Title 46, United States
            Code, is amended as follows:
                        (A) Sections 8103(g) and 8302(g) are amended by
                    striking ``Naval Reserve'' each place it appears and
                    inserting ``Navy Reserve''.
                        (B) The heading of section 8103 is amended to read
                    as follows:

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

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

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

        (g) Conforming Amendments to Other Laws.--
                (1) Section 2301(4)(C) of the Elementary and Secondary
            Education Act of 1965 (20 U.S.C. 6671(4)(C)) is amended by
            striking ``Naval Reserve'' and inserting ``Navy Reserve''.
                (2) The Merchant Marine Act, 1936 is amended--
                        (A) by striking ``Naval Reserve'' each place it
                    appears in sections 301(b) (46 U.S.C. App. 1131(b)),
                    1303 (46 U.S.C. App. 1295b), and 1304 (46 U.S.C. App.
                    1295c) and inserting ``Navy Reserve''; and
                        (B) by striking ``Naval Reserve'' in sections
                    1303(c) and 1304(h) and inserting ``Navy Reserve'':
                (3) The Military Selective Service Act is amended--
                        (A) in section 6(a)(1) (50 U.S.C. App. 456(a)(1)),
                    by striking ``United States Naval Reserves'' and
                    inserting ``members of the United States Navy Reserve'';
                    and
                        (B) in section 16(i) (50 U.S.C. App. 466(i)), by
                    striking ``Naval Reserve'' and inserting ``Navy
                    Reserve''.

    [[Page 119 STAT. 3237]]

        (h) Other References.--Any <<NOTE: 10 USC 10101 note.>> reference in
    any law, regulation, document, record, or other paper of the United
    States to the Naval Reserve, other than a reference to the Naval Reserve
    regarding the United States Naval Reserve Retired List, shall be
    considered to be a reference to the Navy Reserve.10 USC 10101 note.

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

        (a) Nature of Commission.--Subsection (a) of section 513 of the
    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
    (Public Law 108-375; 118 Stat. 1880) is amended by inserting ``in the
    legislative branch'' after ``There is established''.
        (b) Pay of Members.--Subsection (e)(1) of such section is amended by
    striking ``except that'' and all that follows through the end and
    inserting ``except that--
                ``(A) in applying the first sentence of subsection (a) of
            section 957 of such Act to the Commission, `may' shall be
            substituted for `shall'; and
                ``(B) in applying subsections (a), (c)(2), and (e) of
            section 957 of such Act to the Commission, `level IV of the
            Executive Schedule' shall be substituted for `level V of the
            Executive Schedule'.''.

        (c) Technical Amendment.--Subsection (c)(2)(C) of such section is
    amended by striking ``section 404(a)(4)'' and inserting ``section
    416(a)(4)''.
        (d) Effective Date.--The amendments made by this section shall take
    effect on October 28, 2004, as if included in the enactment of the
    Ronald W. Reagan National Defense Authorization Act for Fiscal Year
    2005.

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

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

    [[Page 119 STAT. 3238]]

    SEC. 518. DEFENSE SCIENCE BOARD STUDY ON DEPLOYMENT OF MEMBERS OF THE
                NATIONAL GUARD AND RESERVES IN THE GLOBAL WAR ON TERRORISM.

        (a) Study Required.--The Defense Science Board shall conduct a study
    on the length and frequency of the deployment of members of the National
    Guard and the Reserves as a result of the global war on terrorism.
        (b) Elements.--The study required by subsection (a) shall include
    the following:
                (1) An identification of the current range of lengths and
            frequencies of deployments of members of the National Guard and
            the Reserves.
                (2) An assessment of the consequences for force structure,
            morale, and mission capability of deployments of members of the
            National Guard and the Reserves in the course of the global war
            on terrorism that are lengthy, frequent, or both.
                (3) An identification of the optimal length and frequency of
            deployments of members of the National Guard and the Reserves
            during the global war on terrorism.
                (4) An identification of mechanisms to reduce the length,
            frequency, or both of deployments of members of the National
            Guard and the Reserves during the global war on terrorism.

        (c) Report.--Not later than May 1, 2006, the Defense Science Board
    shall submit to the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives a report on
    the study required by subsection (a). The report shall include the
    results of the study and such recommendations as the Defense Science
    Board considers appropriate in light of the study.

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

        It is the sense of Congress--
                (1) to recognize the important and integral role played by
            members of the Active Guard and Reserve and military technicians
            (dual status) in the efforts of the Armed Forces; and
                (2) to urge the Secretary of Defense to promptly resolve
            issues relating to appropriate authority for payment of
            reenlistment bonuses stemming from reenlistment contracts
            entered into between January 14, 2005, and April 17, 2005,
            involving members of the Army National Guard and military
            technicians (dual status).

    SEC. 520. <<NOTE: 10 USC 10101 note.>> PILOT PROGRAM ON ENHANCED QUALITY
                OF LIFE FOR MEMBERS OF THE ARMY RESERVE AND THEIR FAMILIES.

        (a) Pilot Program Required.--
                (1) In general.--The Secretary of the Army shall carry out a
            pilot program to assess the feasibility and advisability of
            using a coalition of military and civilian community personnel
            in order to enhance the quality of life for members of the Army
            Reserve and their families.
                (2) Locations.--The Secretary shall carry out the pilot
            program in areas of the United States in which members of the
            Army Reserve and their families are concentrated. The Secretary
            shall select one area in two States for purposes of the pilot
            program.

    [[Page 119 STAT. 3239]]

        (b) Participating Personnel.--A coalition of personnel under the
    pilot program shall include--
                (1) military personnel; and
                (2) appropriate members of the civilian community, such as
            clinicians and teachers, who volunteer for participation in the
            coalition.

        (c) Report.--Not later than April 1, 2007, the Secretary shall
    submit to the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives a report on
    the pilot program carried out under this section. The report shall
    include--
                (1) a description of the pilot program;
                (2) an assessment of the benefits of using a coalition of
            military and civilian community personnel in order to enhance
            the quality of life for members of the Army Reserve and their
            families; and
                (3) such recommendations for legislative or administrative
            action as the Secretary considers appropriate in light of the
            pilot program.

                       Subtitle C--Education and Training

                 PART I--DEPARTMENT OF DEFENSE SCHOOLS GENERALLY

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

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

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

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

    [[Page 119 STAT. 3240]]

        ``(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 <<NOTE: 10 USC 2163
    note.>> section 2163(b) of title 10, United States Code, as amended by
    subsection (a), shall take effect for degrees awarded after May 2005.

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

        (a) National Defense University.--Section 2165 of title 10, United
    States Code, is amended by adding at the end the following new
    subsection:
        ``(e) Acceptance of Faculty Research Grants.--(1) The Secretary of
    Defense may authorize the President of the National Defense University
    to accept qualifying research grants. Any such grant may only be
    accepted if the work under the grant is to be carried out by a professor
    or instructor of one of the institutions comprising the University for a
    scientific, literary, or educational purpose.
        ``(2) A qualifying research grant under this subsection is a grant
    that is awarded on a competitive basis by an entity referred to in
    paragraph (3) for a research project with a scientific, literary, or
    educational purpose.
        ``(3) A grant may be accepted under this subsection only from a
    corporation, fund, foundation, educational institution, or similar
    entity that is organized and operated primarily for scientific,
    literary, or educational purposes.
        ``(4) The Secretary shall establish an account for administering
    funds received as research grants under this subsection. The President
    of the University shall use the funds in the account in accordance with
    applicable provisions of the regulations and the terms and condition of
    the grants received.
        ``(5) Subject to such limitations as may be provided in
    appropriations Acts, appropriations available for the National Defense
    University may be used to pay expenses incurred by the University in
    applying for, and otherwise pursuing, the award of qualifying research
    grants.
        ``(6) The <<NOTE: Regulations.>> Secretary shall prescribe
    regulations for the administration of this subsection.''.

        (b) Army War College.--
                (1) In general.--Chapter 407 of such title is amended by
            adding at the end the following new section:

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

        ``(a) Acceptance of Research Grants.--The Secretary of the Army may
    authorize the Commandant of the United States Army War College to accept
    qualifying research grants. Any such grant may only be accepted if the
    work under the grant is to be carried out by a professor or instructor
    of the College for a scientific, literary, or educational purpose.

    [[Page 119 STAT. 3241]]

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

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

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

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

        ``(a) Acceptance of Research Grants.--The Secretary of the Navy may
    authorize the President of the Naval Postgraduate School to accept
    qualifying research grants. Any such grant may only be accepted if the
    work under the grant is to be carried out by a professor or instructor
    of the School for a scientific, literary, or educational purpose.
        ``(b) Qualifying Grants.--A qualifying research grant under this
    section is a grant that is awarded on a competitive basis by an entity
    referred to in subsection (c) for a research project with a scientific,
    literary, or educational purpose.
        ``(c) Entities From Which Grants May Be Accepted.--A grant may be
    accepted under this section only from a corporation, fund, foundation,
    educational institution, or similar entity that is organized and
    operated primarily for scientific, literary, or educational purposes.
        ``(d) Administration of Grant Funds.--The Secretary shall establish
    an account for administering funds received as research grants under
    this section. The President of the Naval Postgraduate School shall use
    the funds in the account in accordance with applicable provisions of the
    regulations and the terms and condition of the grants received.
        ``(e) Related Expenses.--Subject to such limitations as may be
    provided in appropriations Acts, appropriations available for the Naval
    Postgraduate School may be used to pay expenses

    [[Page 119 STAT. 3242]]

    incurred by the School in applying for, and otherwise pursuing, the
    award of qualifying research grants.
        ``(f) Regulations.--The Secretary shall prescribe regulations for
    the administration of this section.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of such chapter is amended by adding at the end the
            following new item:

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

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

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

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

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

        ``(a) Acceptance of Research Grants.--The Secretary of the Navy may
    authorize the President of the Marine Corps University to accept
    qualifying research grants. Any such grant may only be accepted if the
    work under the grant is to be carried out by a professor or instructor
    of one of the institutions comprising the University for a scientific,
    literary, or educational purpose.
        ``(b) Qualifying Grants.--A qualifying research grant under this
    section is a grant that is awarded on a competitive basis

    [[Page 119 STAT. 3243]]

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

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

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

        (f) Air War College.--
                (1) In general.--Chapter 907 of such title is amended by
            adding at the end the following new section:

    [[Page 119 STAT. 3244]]

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

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

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

                PART II--UNITED STATES NAVAL POSTGRADUATE SCHOOL

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

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

        (b) Conforming Amendment.--Section 7042(b)(1) of such title is
    amended by striking ``and technical education of students'' and

    [[Page 119 STAT. 3245]]

    inserting ``and professional and technical education of students and the
    provision of research opportunities for students''.

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

        Subsection (a) of section 7042 of title 10, United States Code, is
    amended to read as follows:
        ``(a)(1) The President of the Naval Postgraduate School shall be one
    of the following:
                ``(A) An officer of the Navy in a grade not below the grade
            of captain who is detailed to such position.
                ``(B) A civilian individual having qualifications
            appropriate to the position of President of the Naval
            Postgraduate School who is assigned to such position.

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

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

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

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

        (a) Expanded Eligibility for Instruction.--Section 7045 of title 10,
    United States Code, is amended--
                (1) in subsection (a)(2)--
                        (A) by redesignating subparagraph (C) as
                    subparagraph (D);
                        (B) by inserting after subparagraph (B) the
                    following new subparagraph (C):

    [[Page 119 STAT. 3246]]

        ``(C) The Secretary may permit an eligible enlisted member of the
    Navy or Marine Corps to receive instruction from the Postgraduate School
    in certificate programs and courses required for the performance of the
    member's duties.''; and
                        (C) in subparagraph (D), as so redesignated, by
                    striking ``(A) and (B)'' and inserting ``(A), (B), and
                    (C)''; and
                (2) in subsection (b)(2), by striking ``(a)(2)(C)'' and
            inserting ``(a)(2)(D)''.

        (b) Limitation on Degree Awards.--Such section is further amended by
    adding at the end the following new subsection:
        ``(d) The Secretary may not award a baccalaureate, masters, or
    doctorate degree to an enlisted member based upon instruction received
    at the Postgraduate School under subsection (a)(2)(C).''.
        (c) Report on Rationale and Plans of the Navy to Provide Enlisted
    Members an Opportunity to Obtain Graduate Degrees.--The Secretary of the
    Navy shall submit to the Committee on Armed Services of the Senate and
    the Committee on Armed Services of the House of Representatives a report
    on the plans, if any, of the Secretary, and the rationale for those
    plans, for a program to provide enlisted members of the Navy with
    opportunities to pursue graduate degree programs either through Navy
    schools or paid for by the Navy in return for an additional service
    obligation. The report shall include the following:
                (1) The underlying philosophy and objectives supporting a
            decision to provide opportunities for graduate degrees to
            enlisted members of the Navy.
                (2) An overall description of how the award of a graduate
            degree to an enlisted member would fit in an integrated,
            progressive, coordinated, and systematic way into the goals and
            requirements of the Navy for enlisted career development and for
            professional education, together with a discussion of a wider
            requirement, if any, for programs for the award of associate and
            baccalaureate degrees to enlisted members, particularly in the
            career fields under consideration for the pilot program referred
            to in subsection (d).
                (3) A discussion of the scope and details of the plan to
            ensure that Navy enlisted members have the requisite academic
            baccalaureate degrees as a prerequisite for undertaking
            graduate-level work.
                (4) Identification of the specific enlisted career fields
            for which the Secretary has determined that a graduate degree
            should be a requirement, as well as the rationale for that
            determination.
                (5) A description of the concept of the Secretary for the
            process and mechanism of providing graduate degrees to enlisted
            members, including, at a minimum, the Secretary's plan for
            whether the degree programs would be provided through civilian
            or military degree-granting institutions and whether through in-
            resident or distance learning or some combination thereof.
                (6) A description of the plan to ensure proper and effective
            utilization of enlisted members following the award of a
            graduate degree.

        (d) Plan for Pilot Program.--In addition to the report under
    subsection (c), the Secretary of the Navy may submit a plan for a pilot
    program to make available opportunities to pursue graduate degree
    programs to a limited number of Navy enlisted members

    [[Page 119 STAT. 3247]]

    in a specific, limited set of critical career fields. Such a plan shall
    include, as a minimum, the following:
                (1) The specific objectives of the pilot program.
                (2) An identification of the specific enlisted career fields
            from which candidates for the program would be drawn, the
            numbers and prerequisite qualifications of initial candidates,
            and the process for selecting the enlisted members who would
            initially participate.
                (3) The process and mechanism for providing the degrees,
            described in the same manner as specified under subsection
            (c)(5), and a general description of course content.
                (4) An analysis of the cost effectiveness of using Navy,
            other service, or civilian degree granting institutions in the
            program.
                (5) The plan for post-graduation utilization of the enlisted
            members who obtain graduate degrees under the program.
                (6) The criteria and plan for assessing whether the
            objectives of the program are met.

                   PART III--RESERVE OFFICERS' TRAINING CORPS

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

        (a) General ROTC Program.--Section 2107(c) of title 10, United
    States Code, is amended--
                (1) by striking paragraph (4); and
                (2) in paragraph (5)(B), by striking ``, (3), or (4)'' and
            inserting ``or (3)''.

        (b) Army Reserve and Army National Guard Program.--Section 2107a(c)
    of such title is amended by striking paragraph (3).
        (c) Effective Date.--Paragraph (4) of <<NOTE: 10 USC 2107
    note.>> section 2107(c) of title 10, United States Code, and paragraph
    (3) of section 2107a(c) of such title, as in effect on the day before
    the date of the enactment of this Act, shall continue to apply in the
    case of any individual selected before the date of the enactment of this
    Act for appointment as a cadet or midshipman under section 2107 or 2107a
    of such title.

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

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

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

        (a) Requirements.--Section 2107 of title 10, United States Code, is
    amended by adding at the end the following new subsection:
        ``(j)(1) Payment of financial assistance under this section for, and
    payment of a monthly subsistence allowance under section 209 of title 37
    to, a cadet or midshipman appointed under this section may be suspended
    on the basis of health-related incapacity

    [[Page 119 STAT. 3248]]

    of the cadet or midshipman only in accordance with regulations
    prescribed under paragraph (2).
        ``(2) <<NOTE: Regulations.>> The Secretary of Defense shall
    prescribe in regulations the policies and procedures for suspending
    payments under paragraph (1). The regulations shall apply uniformly to
    all of the military departments. The regulations shall include the
    following matters:
                ``(A) The standards of health-related fitness that are to be
            applied.
                ``(B) Requirements for--
                        ``(i) the health-related condition and prognosis of
                    a cadet or midshipman to be determined, in relation to
                    the applicable standards prescribed under subparagraph
                    (A), by a health care professional on the basis of a
                    medical examination of the cadet or midshipman; and
                        ``(ii) the Secretary concerned to take into
                    consideration the determinations made under clause (i)
                    with respect to such condition in deciding whether to
                    suspend payment in the case of such cadet or midshipman
                    on the basis of that condition.
                ``(C) A requirement for the Secretary concerned to transmit
            to a cadet or midshipman proposed for suspension under this
            subsection a notification of the proposed suspension together
            with the determinations made under subparagraph (B)(i) in the
            case of the proposed suspension.
                ``(D) A procedure for a cadet or midshipman proposed for
            suspension under this subsection to submit a written response to
            the proposal for suspension, including any supporting
            information.
                ``(E) Requirements for--
                        ``(i) one or more health-care professionals to
                    review, in the case of such a response of a cadet or
                    midshipman, each health-related condition and prognosis
                    addressed in the response, taking into consideration the
                    matters submitted in such response; and
                        ``(ii) the Secretary concerned to take into
                    consideration the determinations made under clause (i)
                    with respect to such condition in making a final
                    decision regarding whether to suspend payment in the
                    case of such cadet or midshipman on the basis of that
                    condition, and the conditions under which such
                    suspension may be lifted.''.

        (b) Time for <<NOTE: 10 USC 2107 note.>> Promulgation of
    Regulations.--The Secretary of Defense shall prescribe the regulations
    required under subsection (j) of section 2107 of title 10, United States
    Code (as added by subsection (a)), not later than May 1, 2006.

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

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

    [[Page 119 STAT. 3249]]

    as a cadet under section 2107a of this title,'' after ``for permanent
    residence''.

    SEC. 535. <<NOTE: 10 USC 2101 note.>> PROMOTION OF FOREIGN LANGUAGE
                SKILLS AMONG MEMBERS OF THE RESERVE OFFICERS' TRAINING
                CORPS.

        (a) In General.--The Secretary of Defense shall support the
    acquisition of foreign language skills among cadets and midshipmen in
    the Reserve Officers' Training Corps, including through the development
    and implementation of--
                (1) incentives for cadets and midshipmen to participate in
            study of a foreign language, including special emphasis for
            Arabic, Chinese, and other ``strategic languages'', as defined
            by the Secretary of Defense in consultation with other relevant
            agencies; and
                (2) a recruiting strategy to target foreign language
            speakers, including members of heritage communities, to
            participate in the Reserve Officers' Training Corps.

        (b) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary shall submit to the Committee on
    Armed Services the Senate and the Committee on Armed Services of the
    House of Representatives a report on the actions taken to carry out this
    section.

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

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

                             PART IV--OTHER MATTERS

    SEC. 537. ENHANCEMENT OF EDUCATIONAL LOAN REPAYMENT AUTHORITIES.

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

        (b) Eligibility of Officers.--Paragraph (2) of such section is
    amended by striking ``an enlisted member in a military specialty'' and
    inserting ``a member in an officer program or military specialty''.

    [[Page 119 STAT. 3250]]

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

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

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

        ``(a) Authority.--The Secretary of Defense and the Secretary of
    Homeland Security, with respect to the Coast Guard when it is not
    operating as a service in the Navy, may pay for--
                ``(1) expenses for members of the armed forces to obtain
            professional credentials, including expenses for professional
            accreditation, State-imposed and professional licenses, and
            professional certification; and
                ``(2) examinations to obtain such credentials.

        ``(b) Limitation.--The authority under subsection (a) may not be
    used to pay the expenses of a member to obtain professional credentials
    that are a prerequisite for appointment in the armed forces.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by adding at the end the following new item:

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

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

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

    [[Page 119 STAT. 3251]]

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

        (a) Official Receiving Elections of Benefits.--Section 16163(e) of
    title 10, United States Code, is amended by striking ``Secretary
    concerned'' and inserting ``Secretary of Veterans Affairs''.
        (b) Exception to Immediate Termination of Assistance.--Section 16165
    of such title is amended--
                (1) by striking ``Educational assistance'' and inserting
            ``(a) In General.--Except as provided in subsection (b),
            educational assistance''; and
                (2) by adding at the end the following new subsection:

        ``(b) Exception.--Under regulations prescribed by the Secretary of
    Defense, educational assistance may be provided under this chapter to a
    member of the Selected Reserve of the Ready Reserve who incurs a break
    in service in the Selected Reserve of not more than 90 days if the
    member continues to serve in the Ready Reserve during and after such
    break in service.''.

                    Subtitle D--General Service Requirements

    SEC. 541. GROUND COMBAT AND OTHER EXCLUSION POLICIES.

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

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

        ``(a) Rule for Ground Combat Personnel Policy.--(1) If the Secretary
    of Defense proposes to make any change described in paragraph (2)(A) or
    (2)(B) to the ground combat exclusion policy or proposes to make a
    change described in paragraph (2)(C), the Secretary shall, before any
    such change is implemented, submit to Congress <<NOTE: Effective
    date.>> a report providing notice of the proposed change. Such a change
    may then be implemented only after the end of a period of 30 days of
    continuous session of Congress (excluding any day on which either House
    of Congress is not in session) following the date on which the report is
    received.

        ``(2) A change referred to in paragraph (1) is a change that--
                        ``(A) closes to female members of the armed forces
                    any category of unit or position that at that time is
                    open to service by such members;
                        ``(B) opens to service by female members of the
                    armed forces any category of unit or position that at
                    that time is closed to service by such members; or
                        ``(C) opens or closes to the assignment of female
                    members of the armed forces any military career
                    designator as described in paragraph (6).

        ``(3) The Secretary shall include in any report under paragraph
    (1)--
                        ``(A) a detailed description of, and justification
                    for, the proposed change; and
                        ``(B) a detailed analysis of legal implication of
                    the proposed change with respect to the
                    constitutionality of the

    [[Page 119 STAT. 3252]]

                    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.

    [[Page 119 STAT. 3253]]

        (c) Conforming Repeal.--Section 542 of the National Defense
    Authorization Act for Fiscal Year 1994 (10 U.S.C. 113 note) is repealed.

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

        (a) Uniform Requirements.--Section 504 of title 10, United States
    Code, is amended--
                (1) by inserting ``(a) Insanity, Desertion, Felons,
            Etc.--'' before ``No person''; and
                (2) by adding at the end the following new subsection:

        ``(b) Citizenship or Residency.--(1) A person may be enlisted in any
    armed force only if the person is one of the following:
                ``(A) A national of the United States, as defined in section
            101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
            1101(a)(22)).
                ``(B) An alien who is lawfully admitted for permanent
            residence, as defined in section 101(a)(20) of the Immigration
            and Nationality Act (8 U.S.C. 1101(a)(20)).
                ``(C) A person described in section 341 of one of the
            following compacts:
                        ``(i) The Compact of Free Association between the
                    Federated States of Micronesia and the United States
                    (section 201(a) of Public Law 108-188 (117 Stat. 2784;
                    48 U.S.C. 1921 note)).
                        ``(ii) The Compact of Free Association between the
                    Republic of the Marshall Islands and the United States
                    (section 201(b) of Public Law 108-188 (117 Stat. 2823;
                    48 U.S.C. 1921 note)).
                        ``(iii) The Compact of Free Association between
                    Palau and the United States (section 201 of Public Law
                    99-658 (100 Stat. 3678; 48 U.S.C. 1931 note)).

        ``(2) Notwithstanding paragraph (1), the Secretary concerned may
    authorize the enlistment of a person not described in paragraph (1) if
    the Secretary determines that such enlistment is vital to the national
    interest.''.
        (b) Repeal of Superseded Limitations for the Army and Air Force.--
                (1) Repeal.--Sections 3253 and 8253 of such title are
            repealed.
                (2) Clerical amendments.--The table of sections at the
            beginning of chapter 333 of such title is amended by striking
            the item relating to section 3253. The table of sections at the
            beginning of chapter 833 of such title is amended by striking
            the item relating to section 8253.

    SEC. 543. INCREASE IN MAXIMUM AGE FOR ENLISTMENT.

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

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

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

    [[Page 119 STAT. 3254]]

    SEC. 545. NATIONAL CALL TO SERVICE PROGRAM.

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

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

        (a) Report on Information Provided to Potential Recruits.--
                (1) In general.--Not later than 90 days after the date of
            the enactment of this Act, the Secretary of Defense shall submit
            to the Committee on Armed Services of the Senate and the
            Committee on Armed Services of the House of Representatives a
            report on the actions being taken to ensure that each individual
            being recruited for service in the Armed Forces is provided,
            before making a formal enlistment in the Armed Forces, precise
            and detailed information on the period or periods of service to
            which such individual may be obligated by reason of enlistment
            in the Armed Forces, including any revisions to Department of
            Defense Form 4/1.
                (2) Elements.--The report under paragraph (1) shall
            include--
                        (A) a description of how the Department informs
                    enlistees in the Armed Forces on--

    [[Page 119 STAT. 3255]]

                              (i) the so-called ``stop loss'' authority and
                          the manner in which exercise of such authority
                          could affect the duration of an individual's
                          service on active duty in the Armed Forces;
                              (ii) the authority for the call or order to
                          active duty of members of the Individual Ready
                          Reserve and the manner in which such a call or
                          order to active duty could affect an individual
                          following the completion of the individual's
                          expected period of service on active duty or in
                          the Individual Ready Reserve; and
                              (iii) any other authorities applicable to the
                          call or order to active duty of the Reserves, or
                          of the retention of members of the Armed Forces on
                          active duty, that could affect the period of
                          service of an individual on active duty or in the
                          Armed Forces; and
                        (B) such other information as the Secretary
                    considers appropriate.

        (b) Report on Information Provided to New Entrants and Other Service
    Members.--
                (1) In general.--Not later than 90 days after the date of
            the enactment of this Act, the Secretary of Defense shall submit
            to the Committee on Armed Services of the Senate and the
            Committee on Armed Services of the House of Representatives a
            report on the actions being taken to ensure that each individual
            covered by section 651(a) of title 10, United States Code, is
            provided, upon commencing that person's initial period of
            service as a member of the Armed Forces and at other points
            during a military career, precise information regarding the date
            on which the initial service obligation of that person under
            such section ends.
                (2) Elements of report.--The report under subsection (a)
            shall include the following:
                        (A) A description of how the Department notifies
                    members of the Armed Forces of--
                              (i) the completion date of their military
                          service obligation upon entry in the Armed Forces;
                              (ii) the expiration of their military service
                          obligation; and
                              (iii) before the expiration of a member's
                          military service obligation, the opportunity, if
                          the member is qualified and serving in the
                          Individual Ready Reserve, to continue voluntarily
                          in the Ready Reserve or to transfer to an active
                          component.
                        (B) A description of the policy and procedures of
                    the Department of Defense regarding the involuntary
                    recall or mobilization of members serving in the
                    Individual Ready Reserve beyond the date of expiration
                    of their military service obligation.
                        (C) Such other information as the Secretary
                    considers appropriate.

    [[Page 119 STAT. 3256]]

            Subtitle E--Military Justice and Legal Assistance Matters

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

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

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

        ``(a) Any person subject to this section--
                ``(1) who wrongfully engages in a course of conduct directed
            at a specific person that would cause a reasonable person to
            fear death or bodily harm, including sexual assault, to himself
            or herself or a member of his or her immediate family;
                ``(2) who has knowledge, or should have knowledge, that the
            specific person will be placed in reasonable fear of death or
            bodily harm, including sexual assault, to himself or herself or
            a member of his or her immediate family; and
                ``(3) whose acts induce reasonable fear in the specific
            person of death or bodily harm, including sexual assault, to
            himself or herself or to a member of his or her immediate
            family;

    is guilty of stalking and shall be punished as a court-martial may
    direct.
        ``(b) In this section:
                ``(1) The term `course of conduct' means--
                        ``(A) a repeated maintenance of visual or physical
                    proximity to a specific person; or
                        ``(B) a repeated conveyance of verbal threat,
                    written threats, or threats implied by conduct, or a
                    combination of such threats, directed at or toward a
                    specific person.
                ``(2) The term `repeated', with respect to conduct, means
            two or more occasions of such conduct.
                ``(3) The term `immediate family', in the case of a specific
            person, means a spouse, parent, child, or sibling of the person,
            or any other family member, relative, or intimate partner of the
            person who regularly resides in the household of the person or
            who within the six months preceding the commencement of the
            course of conduct regularly resided in the household of the
            person.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of such subchapter is amended by inserting after the
            item relating to section 920 the following new item:

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

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

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

        (a) Revision to UCMJ.--

    [[Page 119 STAT. 3257]]

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

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

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

    is guilty of rape and shall be punished as a court-martial may direct.
        ``(b) Rape of a Child.--Any person subject to this chapter who--
                ``(1) engages in a sexual act with a child who has not
            attained the age of 12 years; or
                ``(2) engages in a sexual act under the circumstances
            described in subsection (a) with a child who has attained the
            age of 12 years;

    is guilty of rape of a child and shall be punished as a court-martial
    may direct.
        ``(c) Aggravated Sexual Assault.--Any person subject to this chapter
    who--
                ``(1) causes another person of any age to engage in a sexual
            act by--
                        ``(A) threatening or placing that other person in
                    fear (other than by threatening or placing that other
                    person in fear that any person will be subjected to
                    death, grievous bodily harm, or kidnapping); or
                        ``(B) causing bodily harm; or
                ``(2) engages in a sexual act with another person of any age
            if that other person is substantially incapacitated or
            substantially incapable of--
                        ``(A) appraising the nature of the sexual act;
                        ``(B) declining participation in the sexual act; or
                        ``(C) communicating unwillingness to engage in the
                    sexual act;

    is guilty of aggravated sexual assault and shall be punished as a court-
    martial may direct.
        ``(d) Aggravated Sexual Assault of a Child.--Any person subject to
    this chapter who engages in a sexual act with a child who has attained
    the age of 12 years is guilty of aggravated sexual assault of a child
    and shall be punished as a court-martial may direct.
        ``(e) Aggravated Sexual Contact.--Any person subject to this chapter
    who engages in or causes sexual contact with or by another person, if to
    do so would violate subsection (a) (rape) had the

    [[Page 119 STAT. 3258]]

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

     is guilty of indecent liberty with a child and shall be punished as a
    court-martial may direct.
        ``(k) Indecent Act.--Any person subject to this chapter who engages
    in indecent conduct is guilty of an indecent act and shall be punished
    as a court-martial may direct.
        ``(l) Forcible Pandering.--Any person subject to this chapter who
    compels another person to engage in an act of prostitution with another
    person to be directed to said person is guilty of forcible pandering and
    shall be punished as a court-martial may direct.
        ``(m) Wrongful Sexual Contact.--Any person subject to this chapter
    who, without legal justification or lawful authorization, engages in
    sexual contact with another person without that other person's
    permission is guilty of wrongful sexual contact and shall be punished as
    a court-martial may direct.
        ``(n) Indecent Exposure.--Any person subject to this chapter who
    intentionally exposes, in an indecent manner, in any place where the
    conduct involved may reasonably be expected to be viewed by people other
    than members of the actor's family or household, the genitalia, anus,
    buttocks, or female areola or nipple is guilty of indecent exposure and
    shall by punished as a court-martial may direct.
        ``(o) Age of Child.--
                ``(1) Twelve years.--In a prosecution under subsection (b)
            (rape of a child), subsection (g) (aggravated sexual contact
            with a child), or subsection (j) (indecent liberty with a
            child),

    [[Page 119 STAT. 3259]]

            it need not be proven that the accused knew that the other
            person engaging in the sexual act, contact, or liberty had not
            attained the age of 12 years. It is not an affirmative defense
            that the accused reasonably believed that the child had attained
            the age of 12 years.
                ``(2) Sixteen years.--In a prosecution under subsection (d)
            (aggravated sexual assault of a child), subsection (f)
            (aggravated sexual abuse of a child), subsection (i) (abusive
            sexual contact with a child), or subsection (j) (indecent
            liberty with a child), it need not be proven that the accused
            knew that the other person engaging in the sexual act, contact,
            or liberty had not attained the age of 16 years. Unlike in
            paragraph (1), however, it is an affirmative defense that the
            accused reasonably believed that the child had attained the age
            of 16 years.

        ``(p) Proof of Threat.--In a prosecution under this section, in
    proving that the accused made a threat, it need not be proven that the
    accused actually intended to carry out the threat.
        ``(q) Marriage.--
                ``(1) In general.--In a prosecution under paragraph (2) of
            subsection (c) (aggravated sexual assault), or under subsection
            (d) (aggravated sexual assault of a child), subsection (f)
            (aggravated sexual abuse of a child), subsection (i) (abusive
            sexual contact with a child), subsection (j) (indecent liberty
            with a child), subsection (m) (wrongful sexual contact), or
            subsection (n) (indecent exposure), it is an affirmative defense
            that the accused and the other person when they engaged in the
            sexual act, sexual contact, or sexual conduct are married to
            each other.
                ``(2) Definition.--For purposes of this subsection, a
            marriage is a relationship, recognized by the laws of a
            competent State or foreign jurisdiction, between the accused and
            the other person as spouses. A marriage exists until it is
            dissolved in accordance with the laws of a competent State or
            foreign jurisdiction.
                ``(3) Exception.--Paragraph (1) shall not apply if the
            accused's intent at the time of the sexual conduct is to abuse,
            humiliate, or degrade any person.

        ``(r) Consent and Mistake of Fact as to Consent.--Lack of permission
    is an element of the offense in subsection (m) (wrongful sexual
    contact). Consent and mistake of fact as to consent are not an issue, or
    an affirmative defense, in a prosecution under any other subsection,
    except they are an affirmative defense for the sexual conduct in issue
    in a prosecution under subsection (a) (rape), subsection (c) (aggravated
    sexual assault), subsection (e) (aggravated sexual contact), and
    subsection (h) (abusive sexual contact).
        ``(s) Other Affirmative Defenses not Precluded.--The enumeration in
    this section of some affirmative defenses shall not be construed as
    excluding the existence of others.
        ``(t) Definitions.--In this section:
                ``(1) Sexual act.--The term `sexual act' means--
                        ``(A) contact between the penis and the vulva, and
                    for purposes of this subparagraph contact involving the
                    penis occurs upon penetration, however slight; or
                        ``(B) the penetration, however slight, of the
                    genital opening of another by a hand or finger or by any
                    object,

    [[Page 119 STAT. 3260]]

                    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

    [[Page 119 STAT. 3261]]

                    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 16 years.
                ``(10) Lewd act.--The term `lewd act' means--
                        ``(A) the intentional touching, not through the
                    clothing, of the genitalia of another person, with an
                    intent to abuse, humiliate, or degrade any person, or to
                    arouse or gratify the sexual desire of any person; or
                        ``(B) intentionally causing another person to touch,
                    not through the clothing, the genitalia of any person
                    with an intent to abuse, humiliate or degrade any
                    person, or to arouse or gratify the sexual desire of any
                    person.
                ``(11) Indecent liberty.--The term `indecent liberty' means
            indecent conduct, but physical contact is not required. It
            includes one who with the requisite intent exposes one's
            genitalia, anus, buttocks, or female areola or nipple to a
            child. An indecent liberty may consist of communication of
            indecent language as long as the communication is made in the
            physical presence of the child. If words designed to excite
            sexual desire are spoken to a child, or a child is exposed to or
            involved in sexual conduct, it is an indecent liberty; the
            child's consent is not relevant.
                ``(12) Indecent conduct.--The term `indecent conduct' means
            that form of immorality relating to sexual impurity which is
            grossly vulgar, obscene, and repugnant to common propriety, and
            tends to excite sexual desire or deprave morals with respect to
            sexual relations. Indecent conduct includes observing, or making
            a videotape, photograph, motion picture, print, negative, slide,
            or other mechanically, electronically, or chemically reproduced
            visual material, without another person's consent, and contrary
            to that other person's reasonable expectation of privacy, of--
                        ``(A) that other person's genitalia, anus, or
                    buttocks, or (if that other person is female) that
                    person's areola or nipple; or
                        ``(B) that other person while that other person is
                    engaged in a sexual act, sodomy (under section 925
                    (article 125)), or sexual contact.

    [[Page 119 STAT. 3262]]

                ``(13) Act of prostitution.--The term `act of prostitution'
            means a sexual act, sexual contact, or lewd act for the purpose
            of receiving money or other compensation.
                ``(14) Consent.--The term `consent' means words or overt
            acts indicating a freely given agreement to the sexual conduct
            at issue by a competent person. An expression of lack of consent
            through words or conduct means there is no consent. Lack of
            verbal or physical resistance or submission resulting from the
            accused's use of force, threat of force, or placing another
            person in fear does not constitute consent. A current or
            previous dating relationship by itself or the manner of dress of
            the person involved with the accused in the sexual conduct at
            issue shall not constitute consent. A person cannot consent to
            sexual activity if--
                        ``(A) under 16 years of age; or
                        ``(B) substantially incapable of--
                              ``(i) appraising the nature of the sexual
                          conduct at issue due to--
                                        ``(I) mental impairment or
                                    unconsciousness resulting from
                                    consumption of alcohol, drugs, a similar
                                    substance, or otherwise; or
                                        ``(II) mental disease or defect
                                    which renders the person unable to
                                    understand the nature of the sexual
                                    conduct at issue;
                              ``(ii) physically declining participation in
                          the sexual conduct at issue; or
                              ``(iii) physically communicating unwillingness
                          to engage in the sexual conduct at issue.
                ``(15) Mistake of fact as to consent.--The term `mistake of
            fact as to consent' means the accused held, as a result of
            ignorance or mistake, an incorrect belief that the other person
            engaging in the sexual conduct consented. The ignorance or
            mistake must have existed in the mind of the accused and must
            have been reasonable under all the circumstances. To be
            reasonable the ignorance or mistake must have been based on
            information, or lack of it, which would indicate to a reasonable
            person that the other person consented. Additionally, the
            ignorance or mistake cannot be based on the negligent failure to
            discover the true facts. Negligence is the absence of due care.
            Due care is what a reasonably careful person would do under the
            same or similar circumstances. The accused's state of
            intoxication, if any, at the time of the offense is not relevant
            to mistake of fact. A mistaken belief that the other person
            consented must be that which a reasonably careful, ordinary,
            prudent, sober adult would have had under the circumstances at
            the time of the offense.
                ``(16) Affirmative defense.--The term `affirmative defense'
            means any special defense which, although not denying that the
            accused committed the objective acts constituting the offense
            charged, denies, wholly, or partially, criminal responsibility
            for those acts. The accused has the burden of proving the
            affirmative defense by a preponderance of evidence. After the
            defense meets this burden, the prosecution shall have the burden
            of proving beyond a reasonable doubt that the affirmative
            defense did not exist.''.
                (2) Clerical amendment.--The item relating to section 920
            (article 120) in the table of sections at the beginning

    [[Page 119 STAT. 3263]]

            of subchapter X of chapter 47 of title 10, United States Code
            (the Uniform Code of Military Justice), is amended to read as
            follows:

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

        (b) Interim <<NOTE: 10 USC 920 note.>> Maximum Punishments.--Until
    the President otherwise provides pursuant to section 856 of title 10,
    United States Code (article 56 of the Uniform Code of Military Justice),
    the punishment which a court-martial may direct for an offense under
    section 920 of such title (article 120 of the Uniform Code of Military
    Justice), as amended by subsection (a), may not exceed the following
    limits:
                (1) Subsections (a) and (b).--For an offense under
            subsection (a) (rape) or subsection (b) (rape of a child), death
            or such other punishment as a court-martial may direct.
                (2) Subsection (c).--For an offense under subsection (c)
            (aggravated sexual assault), dishonorable discharge, forfeiture
            of all pay and allowances, and confinement for 30 years.
                (3) Subsections (d) and (e).--For an offense under
            subsection (d) (aggravated sexual assault of a child) or
            subsection (e) (aggravated sexual contact), dishonorable
            discharge, forfeiture of all pay and allowances, and confinement
            for 20 years.
                (4) Subsections (f) and (g).--For an offense under
            subsection (f) (aggravated sexual abuse of a child) or
            subsection (g) (aggravated sexual contact with a child),
            dishonorable discharge, forfeiture of all pay and allowances,
            and confinement for 15 years.
                (5) Subsections (h) through (j).--For an offense under
            subsection (h) (abusive sexual contact), subsection (i) (abusive
            sexual contact with a child), or subsection (j) (indecent
            liberty with a child), dishonorable discharge, forfeiture of all
            pay and allowances, and confinement for 7 years.
                (6) Subsections (k) and (l).--For an offense under
            subsection (k) (indecent act) or subsection (l) (forcible
            pandering), dishonorable discharge, forfeiture of all pay and
            allowances, and confinement for 5 years.
                (7) Subsections (m) and (n).--For an offense under
            subsection (m) (wrongful sexual contact) or subsection (n)
            (indecent exposure), dishonorable discharge, forfeiture of all
            pay and allowances, and confinement for one year.

        (c) Applicability.--Section <<NOTE: 10 USC 920 note.>> 920 of title
    10, United States Code (article 120 of the Uniform Code of Military
    Justice), as amended by subsection (a), shall apply with respect to
    offenses committed on or after the effective date specified in
    subsection (f).

        (d) Aggravating Factors for Offense of Murder.--Section 918 of title
    10, United States Code (article 118 of the Uniform Code of Military
    Justice), is amended in paragraph (4) by striking ``rape,'' and
    inserting ``rape, rape of a child, aggravated sexual assault, aggravated
    sexual assault of a child, aggravated sexual contact, aggravated sexual
    abuse of a child, aggravated sexual contact with a child,''.
        (e) Statute of Limitations.--Section 843(a) of title 10, United
    States Code (article 843(a) of the Uniform Code of Military Justice), as
    amended by section 553(a), is amended by striking ``or rape,'' and
    inserting ``, rape, or rape of a child,''.
        (f) Effective Date.--The <<NOTE: 10 USC 843 note.>> amendments made
    by this section shall take effect on October 1, 2007.

    [[Page 119 STAT. 3264]]

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

        (a) No Limitation for Murder or Rape.--Subsection (a) of section 843
    of title 10, United States Code (article 43 of the Uniform Code of
    Military Justice), is amended by striking ``or with any offense
    punishable by death'' and inserting ``with murder or rape, or with any
    other offense punishable by death''.
        (b) Special Rules for Child Abuse Offenses.--Subsection (b)(2) of
    such section (article) is amended--
                (1) in subparagraph (A), by striking ``before the child
            attains the age of 25 years'' and inserting ``during the life of
            the child or within five years after the date on which the
            offense was committed, whichever provides a longer period,'';
                (2) in subparagraph (B)--
                        (A) in the matter preceding clause (i), by striking
                    ``sexual or physical'';
                        (B) in clause (i), by striking ``Rape or carnal
                    knowledge'' and inserting ``Any offense''; and
                        (C) in clause (v), by striking ``Indecent assault,''
                    and inserting ``Kidnaping; indecent assault;''; and
                (3) by adding at the end the following new subparagraph:

        ``(C) In subparagraph (A), the term `child abuse offense' includes
    an act that involves abuse of a person who has not attained the age of
    18 years and would constitute an offense under chapter 110 or 117, or
    under section 1591, of title 18.''.

    SEC. 554. <<NOTE: 10 USC 113 note.>> REPORTS BY OFFICERS AND SENIOR
                ENLISTED MEMBERS OF CONVICTION OF CRIMINAL LAW.

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

        (b) Law Enforcement Authority of the United States.--For purposes of
    this section, a law enforcement authority of the United States
    includes--
                (1) a military or other Federal law enforcement authority;
                (2) a State or local law enforcement authority; and
                (3) such other law enforcement authorities within the United
            States as the Secretary shall specify in the regulations
            prescribed pursuant to subsection (a).

        (c) Criminal Law of the United States.--

    [[Page 119 STAT. 3265]]

                (1) In general.--Except as provided in paragraph (2), for
            purposes of this section, a criminal law of the United States
            includes--
                        (A) any military or other Federal criminal law;
                        (B) any State, county, municipal, or local criminal
                    law or ordinance; and
                        (C) such other criminal laws and ordinances of
                    jurisdictions within the United States as the Secretary
                    shall specify in the regulations prescribed pursuant to
                    subsection (a).
                (2) Exception.--For purposes of this section, a criminal law
            of the United States shall not include a law or ordinance
            specifying a minor traffic offense (as determined by the
            Secretary for purposes of such regulations).

        (d) Timeliness of Reports.--The regulations prescribed pursuant to
    subsection (a) shall establish requirements for the timeliness of
    reports under this section.
        (e) Forwarding of Information.--The regulations prescribed pursuant
    to subsection (a) shall provide that, in the event a military department
    receives information that a covered member of the Armed Forces under the
    jurisdiction of another military department has become subject to a
    conviction for which a report is required by this section, the Secretary
    of the military department receiving such information shall, in
    accordance with such procedures as the Secretary of Defense shall
    establish in such regulations, forward such information to the authority
    in the military department having jurisdiction over such member
    designated pursuant to such regulations.
        (f) Convictions.--In this section, the term ``conviction'' includes
    any plea of guilty or nolo contendere.
        (g) Deadline for Regulations.--The regulations required by
    subsection (a), including the requirement in subsection (e), shall go
    into effect not later than the end of the 180-day period beginning on
    the date of the enactment of this Act.
        (h) Applicability of Requirement.--The <<NOTE: Effective
    date.>> requirement under the regulations required by subsection (a)
    that a covered member of the Armed Forces submit notice of a conviction
    shall apply only to a conviction that becomes final after the date of
    the enactment of this Act.

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

        Section 1044 of title 10, United States Code, is amended--
                (1) by redesignating subsection (d) as subsection (e); and
                (2) by inserting after subsection (c) the following new
            subsection (d):

        ``(d)(1) Notwithstanding any law regarding the licensure of
    attorneys, a judge advocate or civilian attorney who is authorized to
    provide military legal assistance is authorized to provide that
    assistance in any jurisdiction, subject to such regulations as may be
    prescribed by the Secretary concerned.
        ``(2) Military legal assistance may be provided only by a judge
    advocate or a civilian attorney who is a member of the bar of a Federal
    court or of the highest court of a State.
        ``(3) In this subsection, the term `military legal assistance'
    includes--
                        ``(A) legal assistance provided under this section;
                    and

    [[Page 119 STAT. 3266]]

                        ``(B) legal assistance contemplated by sections
                    1044a, 1044b, 1044c, and 1044d of this title.''.

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

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

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

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

                   Subtitle F--Matters Relating to Casualties

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

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

    [[Page 119 STAT. 3267]]

    SEC. 562. <<NOTE: 10 USC 1475 note.>> POLICY AND PROCEDURES ON CASUALTY
                ASSISTANCE TO SURVIVORS OF MILITARY DECEDENTS.

        (a) Comprehensive Policy on Casualty Assistance.--
                (1) Policy required.--Not later than August 1, 2006, the
            Secretary of Defense shall prescribe a comprehensive policy for
            the Department of Defense on the provision of casualty
            assistance to survivors and next of kin of members of the Armed
            Forces who die during military service (in this section referred
            to as ``military decedents'').
                (2) Consultation.--The Secretary shall develop the policy
            under paragraph (1) in consultation with the Secretaries of the
            military departments, the Secretary of Veterans Affairs, and the
            Secretary of Homeland Security with respect to the Coast Guard.
                (3) Incorporation of past experience and practice.--The
            policy developed under paragraph (1) shall be based on--
                        (A) the experience and best practices of the
                    military departments;
                        (B) the recommendations of nongovernment
                    organizations with demonstrated expertise in responding
                    to the needs of survivors of military decedents; and
                        (C) such other matters as the Secretary of Defense
                    considers appropriate.
                (4) Procedures.--The policy shall include procedures to be
            followed by the military departments in the provision of
            casualty assistance to survivors and next of kin of military
            decedents. The procedures shall be uniform across the military
            departments except to the extent necessary to reflect the
            traditional practices or customs of a particular military
            department.

        (b) Elements of Policy.--The comprehensive policy developed under
    subsection (a) shall address the following matters:
                (1) The initial notification of primary and secondary next
            of kin of the deaths of military decedents and any subsequent
            notifications of next of kin warranted by circumstances.
                (2) The transportation and disposition of remains of
            military decedents, including notification of survivors of the
            performance of autopsies.
                (3) The qualifications, assignment, training, duties,
            supervision, and accountability for the performance of casualty
            assistance responsibilities.
                (4) The relief or transfer of casualty assistance officers,
            including notification to survivors and next of kin of the
            reassignment of such officers to other duties.
                (5) Centralized, short-term and long-term case-management
            procedures for casualty assistance by each military department,
            including rapid access by survivors of military decedents and
            casualty assistance officers to expert case managers and
            counselors.
                (6) The provision, through a computer accessible Internet
            website and other means and at no cost to survivors of military
            decedents, of personalized, integrated information on the
            benefits and financial assistance available to such survivors
            from the Federal Government.
                (7) The provision, at no cost to survivors of military
            decedents, of legal assistance by military attorneys on matters
            arising from the deaths of such decedents, including tax
            matters, on an expedited, prioritized basis.

    [[Page 119 STAT. 3268]]

                (8) The provision of financial counseling to survivors of
            military decedents, particularly with respect to appropriate
            disposition of death gratuity and insurance proceeds received by
            surviving spouses, minor dependent children, and their
            representatives.
                (9) The provision of information to survivors and next of
            kin of military decedents on mechanisms for registering
            complaints about, or requests for, additional assistance related
            to casualty assistance.
                (10) Liaison with the Department of Veterans Affairs and the
            Social Security Administration in order to ensure prompt and
            accurate resolution of issues relating to benefits administered
            by those agencies for survivors of military decedents.
                (11) Data collection regarding the incidence and quality of
            casualty assistance provided to survivors of military decedents,
            including surveys of such survivors and military and civilian
            members assigned casualty assistance duties.

        (c) Adoption by <<NOTE: Regulations.>> Military Departments.--Not
    later than November 1, 2006, the Secretary of each military department
    shall prescribe regulations, or modify current regulations, on the
    policies and procedures of such military department on the provision of
    casualty assistance to survivors and next of kin of military decedents
    in order to conform such policies and procedures to the policy developed
    under subsection (a).

        (d) Report on Improvement of Casualty Assistance Programs.--Not
    later than December 1, 2006, the Secretary of Defense shall submit to
    the Committee on Armed Services of the Senate and the Committee on Armed
    Services of the House of Representatives a report that includes--
                (1) the assessment of the Secretary of the adequacy and
            sufficiency of the current casualty assistance programs of the
            military departments;
                (2) a plan for a system for the uniform provision to
            survivors of military decedents of personalized, accurate, and
            integrated information on the benefits and financial assistance
            available to such survivors through the casualty assistance
            programs of the military departments under subsection (c); and
                (3) such recommendations for other legislative or
            administrative action as the Secretary considers appropriate to
            enhance and improve such programs to achieve their intended
            purposes.

        (e) GAO Report.--
                (1) Report required.--Not later than July 1, 2006, the
            Comptroller General shall submit to the committees specified in
            subsection (d) a report on the evaluation by the Comptroller
            General of the casualty assistance programs of the Department of
            Defense and of such other departments and agencies of the
            Federal Government as provide casualty assistance to survivors
            and next of kin of military decedents.
                (2) Assessment.--The report shall include the assessment of
            the Comptroller General of the adequacy of the current policies
            and procedures of, and funding for, the casualty assistance
            programs covered by the report to achieve their intended
            purposes.

    [[Page 119 STAT. 3269]]

    SEC. 563. <<NOTE: 10 USC 113 note.>> POLICY AND PROCEDURES ON ASSISTANCE
                TO SEVERELY WOUNDED OR INJURED SERVICE MEMBERS.

        (a) Comprehensive Policy.--
                (1) Policy required.--Not later than June 1, 2006, the
            Secretary of Defense shall prescribe a comprehensive policy for
            the Department of Defense on the provision of assistance to
            members of the Armed Forces who incur severe wounds or injuries
            in the line of duty (in this section referred to as ``severely
            wounded or injured servicemembers'').
                (2) Consultation.--The Secretary shall develop the policy
            required by paragraph (1) in consultation with the Secretaries
            of the military departments, the Secretary of Veterans Affairs,
            and the Secretary of Labor.
                (3) Incorporation of past experience and practice.--The
            policy required by paragraph (1) shall be based on--
                        (A) the experience and best practices of the
                    military departments, including the Army Wounded Warrior
                    Program, the Marine Corps Marine for Life Injured
                    Support Program, the Air Force Palace HART program, and
                    the Navy Wounded Marines and Sailors Initiative;
                        (B) the recommendations of nongovernment
                    organizations with demonstrated expertise in responding
                    to the needs of severely wounded or injured
                    servicemembers; and
                        (C) such other matters as the Secretary of Defense
                    considers appropriate.
                (4) Procedures and standards.--The policy shall include
            guidelines to be followed by the military departments in the
            provision of assistance to severely wounded or injured
            servicemembers. The procedures and standards shall be uniform
            across the military departments except to the extent necessary
            to reflect the traditional practices or customs of a particular
            military department. The procedures and standards shall
            establish a minimum level of support and shall specify the
            duration of programs.

        (b) Elements of Policy.--The comprehensive policy developed under
    subsection (a) shall address the following matters:
                (1) Coordination with the Severely Injured Joint Support
            Operations Center of the Department of Defense.
                (2) Promotion of a seamless transition to civilian life for
            severely wounded or injured servicemembers who are or are likely
            to be separated on account of their wound or injury.
                (3) Identification and resolution of special problems or
            issues related to the transition to civilian life of severely
            wounded or injured servicemembers who are members of the reserve
            components.
                (4) The qualifications, assignment, training, duties,
            supervision, and accountability for the performance of
            responsibilities for the personnel providing assistance to
            severely wounded or injured servicemembers.
                (5) Centralized, short-term and long-term case-management
            procedures for assistance to severely wounded or injured
            servicemembers by each military department, including rapid
            access for severely wounded or injured servicemembers to case
            managers and counselors.
                (6) The provision, through a computer accessible Internet
            website and other means and at no cost to severely wounded

    [[Page 119 STAT. 3270]]

            or injured servicemembers, of personalized, integrated
            information on the benefits and financial assistance available
            to such members from the Federal Government.
                (7) The provision of information to severely wounded or
            injured servicemembers on mechanisms for registering complaints
            about, or requests for, additional assistance.
                (8) Participation of family members.
                (9) Liaison with the Department of Veterans Affairs and the
            Department of Labor in order to ensure prompt and accurate
            resolution of issues relating to benefits administered by those
            agencies for severely wounded or injured servicemembers.
                (10) Data collection regarding the incidence and quality of
            assistance provided to severely wounded or injured
            servicemembers, including surveys of such servicemembers and
            military and civilian personnel whose assigned duties include
            assistance to severely wounded or injured servicemembers.

        (c) Adoption by <<NOTE: Regulations.>> Military Departments.--Not
    later than September 1, 2006, the Secretary of each military department
    shall prescribe regulations, or modify current regulations, on the
    policies and procedures of such military department on the provision of
    assistance to severely wounded or injured servicemembers in order to
    conform such policies and procedures to the policy prescribed under
    subsection (a).

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

        (a) In General.--Not <<NOTE: Deadline.>> later than June 1, 2006,
    the Secretary of Defense shall complete, and the Secretaries of the
    military departments shall implement, Department of Defense Instruction
    1300.18, including interim policy guidance, regarding the requirement to
    have service members designate a person authorized to direct disposition
    of their remains should they become a casualty.

        (b) Report.--Not later than July 1, 2006, the Secretary of Defense
    shall submit to the Committees on Armed Services of the Senate and the
    House of Representatives a report on the actions taken by the Secretary,
    and by the Secretaries of the military departments, to carry out the
    requirement in subsection (a).

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

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

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

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

        ``Sec. 1404A.  (a) Enrollment <<NOTE: Regulations. 20 USC
    923a.>> Authorized.--Under regulations to be prescribed by the Secretary
    of Defense, the Secretary may

    [[Page 119 STAT. 3271]]

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

    SEC. 572. <<NOTE: 20 USC 7703b.>> 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

    [[Page 119 STAT. 3272]]

                    have been eligible for such assistance if not for the
                    reduction in military dependent students in schools of
                    the local educational agency; and
                        (B) the overall increase or reduction in military
                    dependent students in schools of the local educational
                    agency is the result of one or more of the following:
                              (i) The global rebasing plan of the Department
                          of Defense.
                              (ii) The official creation or activation of
                          one or more new military units.
                              (iii) The realignment of forces as a result of
                          the base closure process.
                              (iv) A change in the number of housing units
                          on a military installation.
                (3) Calculation of amount of assistance.--
                        (A) Pro rata distribution.--The amount of the
                    assistance provided under this subsection to a local
                    educational agency that is eligible for such assistance
                    for a fiscal year shall be equal to the product obtained
                    by multiplying--
                              (i) the per-student rate determined under
                          subparagraph (B) for that fiscal year; by
                              (ii) the net of the overall increases and
                          reductions in the number of military dependent
                          students in schools of the local educational
                          agency, as determined under paragraph (1).
                        (B) Per-student rate.--For purposes of subparagraph
                    (A)(i), the per-student rate for a fiscal year shall be
                    equal to the dollar amount obtained by dividing--
                              (i) the total amount of funds made available
                          for that fiscal year to provide assistance under
                          this subsection; by
                              (ii) the sum of the overall increases and
                          reductions in the number of military dependent
                          students in schools of all eligible local
                          educational agencies for that fiscal year under
                          this subsection.
                        (C) Maximum amount of assistance.--A local
                    educational agency may not receive more than $1,000,000
                    in assistance under this subsection for any fiscal year.
                (4) Duration.--Assistance may not be provided under this
            subsection after September 30, 2010.

        (c) Notification.--Not later than June 30, 2006, and June 30 of each
    fiscal year thereafter for which funds are made available to carry out
    this section, the Secretary of Defense shall notify each local
    educational agency that is eligible for assistance under this section
    for that fiscal year of--
                (1) the eligibility of the local educational agency for the
            assistance, including whether the agency is eligible for
            assistance under either subsection (a) or (b) or both
            subsections; and
                (2) the amount of the assistance for which the local
            educational agency is eligible.

        (d) Disbursement of Funds.--The <<NOTE: Deadline.>> 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.

    [[Page 119 STAT. 3273]]

        (e) Finding for Fiscal Year 2006.--Of the amount authorized to be
    appropriated pursuant to section 301(5) for operation and maintenance
    for Defense-wide activities--
                (1) $30,000,000 shall be available only for the purpose of
            providing assistance to local educational agencies under
            subsection (a); and
                (2) $10,000,000 shall be available only for the purpose of
            providing assistance to local educational agencies under
            subsection (b).

        (f) Definitions.--In this section:
                (1) The term ``base closure process'' means the 2005 base
            closure and realignment process authorized by Defense Base
            Closure and Realignment Act of 1990 (part A of title XXIX of
            Public Law 101-510; 10 U.S.C. 2687 note) or any base closure and
            realignment process conducted after the date of the enactment of
            this Act under section 2687 of title 10, United States Code, or
            any other similar law enacted after that date.
                (2) The term ``local educational agency'' has the meaning
            given that term in section 8013(9) of the Elementary and
            Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
                (3) The term ``military dependent students'' refers to--
                        (A) elementary and secondary school students who are
                    dependents of members of the Armed Forces; and
                        (B) elementary and secondary school students who are
                    dependents of civilian employees of the Department of
                    Defense.
                (4) The term ``State'' means each of the 50 States and the
            District of Columbia.

        (g) Repeal of Former Authority.--Section 386 of the National Defense
    Authorization Act for Fiscal Year 1993 (Public Law 102-484; 20 U.S.C.
    7703 note) is repealed.

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

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

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

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

    [[Page 119 STAT. 3274]]

        (b) Termination.--The special rule provided under subsection (a)
    applies only so long as the children covered by such subsection remain
    in average daily attendance at a school in the same local educational
    agency they attended before their change in eligibility status.

                       Subtitle H--Decorations and Awards

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

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

                     Subtitle I--Consumer Protection Matters

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

        (a) Requirement.--As <<NOTE: 10 USC 992 note.>> soon as practicable
    after the date of the enactment of this Act, and not later than March
    31, 2006, the Secretary of Defense shall prescribe regulations, or
    modify existing regulations, on the policies and procedures relating to
    personal commercial solicitations, including the sale of life insurance
    and securities, on Department of Defense installations.

        (b) Repeal of Superseded Limitations.--The following provisions of
    law are repealed:
                (1) Section 586 of the National Defense Authorization Act
            for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1493).
                (2) Section 8133 of the Department of Defense Appropriations
            Act, 2005 (Public Law 108-287; 118 Stat. 1002).

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

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

    ``Sec. 992. Consumer education: financial services

        ``(a) Requirement for Consumer Education Program for Members.--(1)
    The Secretary concerned shall carry out a program to provide
    comprehensive education to members of the armed forces under the
    jurisdiction of the Secretary on--
                ``(A) financial services that are available under law to
            members;
                ``(B) financial services that are routinely offered by
            private sector sources to members;
                ``(C) practices relating to the marketing of private sector
            financial services to members;
                ``(D) such other matters relating to financial services
            available to members, and the marketing of financial services to
            members, as the Secretary considers appropriate; and

    [[Page 119 STAT. 3275]]

                ``(E) such other financial practices as the Secretary
            considers appropriate.

        ``(2) Training under this subsection shall be provided to members
    as--
                ``(A) a component of members initial entry orientation
            training; and
                ``(B) a component of periodically recurring required
            training that is provided for the members at military
            installations.

        ``(3) The training provided at a military installation under
    paragraph (2)(B) shall include information on any financial services
    marketing practices that are particularly prevalent at that military
    installation and in the vicinity.
        ``(b) Counseling for Members and Spouses.--(1) The Secretary
    concerned shall, upon request, provide counseling on financial services
    to each member of the armed forces, and such member's spouse, under the
    jurisdiction of the Secretary.
        ``(2)(A) In the case of a military installation at which at least
    2,000 members of the armed forces on active duty are assigned, the
    Secretary concerned--
                ``(i) shall provide counseling on financial services under
            this subsection through a full-time financial services counselor
            at such installation; and
                ``(ii) may provide such counseling at such installation by
            any means elected by the Secretary from among the following:
                        ``(I) Through members of the armed forces in pay
                    grade E-7 or above, or civilians, who provide such
                    counseling as part of their other duties for the armed
                    forces or the Department of Defense.
                        ``(II) By contract, including contract for services
                    by telephone and by the Internet.
                        ``(III) Through qualified representatives of
                    nonprofit organizations and agencies under formal
                    agreements with the Department of Defense to provide
                    such counseling.

        ``(B) In the case of any military installation not described in
    subparagraph (A), the Secretary concerned shall provide counseling on
    financial services under this subsection at such installation by any of
    the means set forth in subparagraph (A)(ii), as elected by the Secretary
    concerned.
        ``(3) Each financial services counselor under paragraph (2)(A)(i),
    and any other individual providing counseling on financial services
    under paragraph (2), shall be an individual who, by reason of education,
    training, or experience, is qualified to provide helpful counseling to
    members of the armed forces and their spouses on financial services and
    marketing practices described in subsection (a)(1). Such individual may
    be a member of the armed forces or an employee of the Federal
    Government.
        ``(4) The Secretary concerned shall take such action as is necessary
    to ensure that each financial services counselor under paragraph
    (2)(A)(i), and any other individual providing counseling on financial
    services under paragraphs (2), is free from conflicts of interest
    relevant to the performance of duty under this section. and, in the
    performance of that duty, is dedicated to furnishing members of the
    armed forces and their spouses with helpful information and counseling
    on financial services and related marketing practices.
        ``(c) Life Insurance.--In counseling a member of the armed forces,
    or spouse of a member of the armed forces, under this

    [[Page 119 STAT. 3276]]

    section regarding life insurance offered by a private sector source, a
    financial services counselor under subsection (b)(2)(A)(i), or another
    individual providing counseling on financial services under subsection
    (b)(2), shall furnish the member or spouse, as the case may be, with
    information on the availability of Servicemembers' Group Life Insurance
    under subchapter III of chapter 19 of title 38, including information on
    the amounts of coverage available and the procedures for electing
    coverage and the amount of coverage.
        ``(d) Financial Services Defined.--In this section, the term
    `financial services' includes the following:
                ``(1) Life insurance, casualty insurance, and other
            insurance.
                ``(2) Investments in securities or financial instruments.
                ``(3) Banking, credit, loans, deferred payment plans, and
            mortgages.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of such chapter is amended by adding at the end the
            following new item:

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

        (b) Effective Date.--The <<NOTE: 10 USC 992 note.>> amendments made
    by this section shall take effect on the first day of the first month
    that begins more than 120 days after the date of the enactment of this
    Act.

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

        (a) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to the
    appropriate committees of Congress a report on predatory lending
    practices directed at members of the Armed Forces and their families.
    The report shall be prepared in consultation with the Secretary of the
    Treasury, the Chairman of the Federal Reserve, the Chairman of the
    Federal Deposit Insurance Corporation, and representatives of military
    charity organizations and consumer organizations.
        (b) Elements.--The report under subsection (a) shall include the
    following:
                (1) A description of the prevalence of predatory lending
            practices directed at members of the Armed Forces and their
            families.
                (2) An assessment of the effects of predatory lending
            practices on members of the Armed Forces and their families.
                (3) A description of the strategy of the Department of
            Defense, and of any current or planned programs of the
            Department, to educate members of the Armed Forces and their
            families regarding predatory lending practices.
                (4) A description of the strategy of the Department of
            Defense, and of any current or planned programs of the
            Department, to reduce or eliminate--
                        (A) the prevalence of predatory lending practices
                    directed at members of the Armed Forces and their
                    families; and
                        (B) the negative effect of such practices on members
                    of the Armed Forces and their families.
                (5) Recommendations for additional legislative and
            administrative action to reduce or eliminate predatory lending

    [[Page 119 STAT. 3277]]

            practices directed at members of the Armed Forces and their
            families.

        (c) Definitions.--In this section:
                (1) The term ``appropriate committees of Congress'' means--
                        (A) the Committee on Armed Services and the
                    Committee on Banking, Housing, and Urban Affairs of the
                    Senate; and
                        (B) the Committee on Armed Services and the
                    Committee on Financial Services of the House of
                    Representatives.
                (2) The term ``predatory lending practice'' means an unfair
            or abusive loan or credit sale transaction or collection
            practice.

              Subtitle J--Reports and Sense of Congress Statements

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

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

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

        (a) Sense of Congress.--It is the sense of Congress that--
                (1) any college or university that discriminates against
            ROTC programs or military recruiters should be denied certain
            Federal taxpayer support, especially funding for many military
            and defense programs; and
                (2) universities and colleges that receive Federal funds
            should provide military recruiters access to college campuses

    [[Page 119 STAT. 3278]]

            and to college students equal in quality and scope to that
            provided all other employers.

        (b) Report Required.--Not later than one year after the date of the
    enactment of this Act, the Secretary of Defense shall submit to Congress
    a report on the colleges and universities that are denying equal access
    to military recruiters and ROTC programs.

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

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

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

        (a) Findings.--Congress finds the following:
                (1) Thousands of members of the United States Armed Forces
            who come from a variety of ethnic and racial backgrounds have
            served, and are serving, in Operation Iraqi Freedom and
            Operation Enduring Freedom to defend the cause of freedom,
            democracy, and liberty. Many have been killed, wounded, or
            seriously injured.
                (2) Diversity is an essential part of the strength of the
            Armed Forces, in which members having different ethnic and
            racial backgrounds share the goal of defending the cause of
            freedom, democracy, and liberty.
                (3) The Armed Forces are representative of the diverse
            culture and backgrounds that make the United States a great
            nation.

        (b) Sense of Congress.--It is the sense of Congress that the United
    States should--
                (1) recognize and celebrate the diversity of the members of
            the Armed Forces; and
                (2) recognize and honor the sacrifices being made by the
            members of the Armed Forces and their families in the global war
            on terrorism.

    [[Page 119 STAT. 3279]]

                            Subtitle K--Other Matters

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

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

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

        ``(a) Expenditures for Recognition Items.--Under regulations
    prescribed by the Secretary of Defense, appropriated funds may be
    expended--
                ``(1) to procure recognition items of nominal or modest
            value for recruitment or retention purposes; and
                ``(2) to present such items--
                        ``(A) to members of the armed forces; and
                        ``(B) to members of the families of members of the
                    armed forces, and other individuals, recognized as
                    providing support that substantially facilitates service
                    in the armed forces.

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

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

        (b) Repeal of Superseded Authorities.--
                (1) Army reserve.--Section 18506 of title 10, United States
            Code, is repealed. The table of sections at the beginning of
            chapter 1805 of such title is amended by striking the item
            relating to such section.
                (2) National guard.--Section 717 of title 32, United States
            Code, is repealed. The table of sections at the beginning of
            chapter 7 of such <<NOTE: 32 USC prec. 701.>> title is amended
            by striking the item relating to such section.

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

        Section 1503 of the National Defense Authorization Act for Fiscal
    Year 2004 (Public Law 108-136; 117 Stat. 1678; 38 U.S.C. 1101 note) is
    amended by striking ``Not later than 15 months

    [[Page 119 STAT. 3280]]

    after the date on which the commission first meets,'' and inserting
    ``Not later than October 1, 2007,''.

    SEC. 591. <<NOTE: 10 USC 503 note.>> RECRUITMENT AND ENLISTMENT OF HOME-
                SCHOOLED STUDENTS IN THE ARMED FORCES.

        (a) Policy on Recruitment and Enlistment.--
                (1) Policy required.--The Secretary of Defense shall
            prescribe a policy on the recruitment and enlistment of home-
            schooled students in the Armed Forces.
                (2) Uniformity across the armed forces.--The Secretary shall
            ensure that the policy prescribed under paragraph (1) applies,
            to the extent practicable, uniformly across the Armed Forces.

        (b) Elements.--The policy under subsection (a) shall include the
    following:
                (1) An identification of a graduate of home schooling for
            purposes of recruitment and enlistment in the Armed Forces that
            is in accordance with the requirements described in subsection
            (c).
                (2) A communication plan to ensure that the policy described
            in subsection (c) is understood by recruiting officials of all
            the Armed Forces, to include field recruiters at the lowest
            level of command.
                (3) An exemption of graduates of home schooling from the
            requirement for a secondary school diploma or an equivalent
            (GED) as a precondition for enlistment in the Armed Forces.

        (c) Home School Graduates.--In prescribing the policy under
    subsection (a), the Secretary of Defense shall prescribe a single set of
    criteria to be used by the Armed Forces in determining whether an
    individual is a graduate of home schooling. The Secretary concerned
    shall ensure compliance with education credential coding requirements.
        (d) Secretary Concerned Defined.--In this section, the term
    ``Secretary concerned'' has the meaning given such term in section
    101(a)(9) of title 10, United States Code.

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

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

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

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

    [[Page 119 STAT. 3281]]

        ``(2) For the purpose of this subsection, an adoption of a child by
    a member is a qualifying child adoption if the member is eligible for
    reimbursement of qualified adoption expenses for such adoption under
    section 1052 of this title.
        ``(3) In the event that two members of the armed forces who are
    married to each other adopt a child in a qualifying child adoption, only
    one such member shall be allowed leave under this subsection.
        ``(4) Leave under paragraph (1) is in addition to other leave
    provided under other provisions of this section.''.
        (b) Effective Date.--Subsection (i) of <<NOTE: 10 USC 701
    note.>> section 701 of title 10, United States Code (as added by
    subsection (a)), shall take effect on January 1, 2006, and shall apply
    only with respect to adoptions completed on or after that date.

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

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

    SEC. 595. REPORT ON TRANSITION ASSISTANCE PROGRAMS.

        (a) Report Required.--Not later than May 1, 2006, the Secretary of
    Defense shall submit to Congress a report on the actions taken,
    including those actions taken pursuant to the recommendations in the May
    2005 report of the Comptroller General submitted to Congress pursuant to
    section 598 of the Ronald W. Reagan

    [[Page 119 STAT. 3282]]

    National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
    375; 118 Stat. 1939), to ensure that the Transition Assistance Programs
    for members of the Armed Forces separating from the Armed Forces
    (including members of the regular components of the Armed Forces and
    members of the reserve components of the Armed Forces) function
    effectively to provide such members with timely and comprehensive
    transition assistance when separating from the Armed Forces. The report
    under this section shall be prepared in consultation with the Secretary
    of Labor and the Secretary of Veterans Affairs.
        (b) Focus on Particular Members.--The report required by subsection
    (a) shall include particular attention to the actions taken with respect
    to the Transition Assistance Programs to assist the following members of
    the Armed Forces:
                (1) Members deployed to Operation Iraqi Freedom.
                (2) Members deployed to Operation Enduring Freedom.
                (3) Members deployed to or in support of other contingency
            operations.
                (4) Members of the National Guard activated under the
            provisions of title 32, United States Code, in support of relief
            efforts for Hurricane Katrina and Hurricane Rita.

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

        (a) Plan for <<NOTE: 10 USC 113 note.>> System to Track Cases in
    Which Care or Prosecution Hindered by Lack of Availability.--
                (1) Plan required.--The Secretary of Defense shall develop
            and implement a system to track cases under the jurisdiction of
            the Department of Defense in which care to a victim of rape or
            sexual assault, or the investigation or prosecution of an
            alleged perpetrator of rape or sexual assault, is hindered by
            the lack of availability of a rape kit or other needed supplies
            or by the lack of timely access to appropriate laboratory
            testing resources.
                (2) Submittal to congressional committees.--The Secretary
            shall submit the plan developed under paragraph (1) to the
            Committee on Armed Services of the Senate and the Committee on
            Armed Services of the House of Representatives not later than
            120 days after the date of the enactment of this Act.

        (b) Accessibility Plan for Deployed Units.--
                (1) Plan required.--The Secretary of Defense shall develop
            and implement a plan for ensuring accessibility and availability
            of supplies, trained personnel, and transportation resources for
            responding to sexual assaults occurring in deployed units. The
            plan shall include the following:
                        (A) A plan for the training of personnel who are
                    considered to be ``first responders'' to sexual assaults
                    (including criminal investigators, medical personnel
                    responsible for rape kit evidence collection, and
                    victims advocates), such training to include current
                    techniques on the processing of evidence, including rape
                    kits, and on conducting investigations.
                        (B) A plan for ensuring the availability at military
                    hospitals of supplies needed for the treatment of
                    victims of sexual assault who present at a military
                    hospital,

    [[Page 119 STAT. 3283]]

                    including rape kits, equipment for processing rape kits,
                    and supplies for testing and treatment for sexually
                    transmitted infections and diseases, including HIV, and
                    for testing for pregnancy.
                (2) Submittal to congressional committees.--The Secretary
            shall submit the plan developed under paragraph (1) to the
            Committee on Armed Services of the Senate and the Committee on
            Armed Services of the House of Representatives not later than
            120 days after the date of the enactment of this Act.

        (c) Additional Matters for Annual Report on Sexual Assaults.--
    Section 577(f)(2) of the Ronald W. Reagan National Defense Authorization
    Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1927; 10 U.S.C.
    113 note) is amended--
                (1) by redesignating subparagraph (D) as subparagraph (G);
            and
                (2) by inserting after subparagraph (C) the following new
            subparagraphs:
                ``(D) A description of the implementation during the year
            covered by the report of the tracking system implemented
            pursuant to section 596(a) of the National Defense Authorization
            Act for Fiscal Year 2006, including information collected on
            cases during that year in which care to a victim of rape or
            sexual assault was hindered by the lack of availability of a
            rape kit or other needed supplies or by the lack of timely
            access to appropriate laboratory testing resources.
                ``(E) A description of the implementation during the year
            covered by the report of the accessibility plan implemented
            pursuant to section 596(b) of the National Defense Authorization
            Act for Fiscal Year 2006, including a description of the steps
            taken during that year to provide that trained personnel,
            appropriate supplies, and transportation resources are
            accessible to deployed units in order to provide an appropriate
            and timely response in any case of reported sexual assault in a
            deployed unit.
                ``(F) A description of the required supply inventory,
            location, accessibility, and availability of supplies, trained
            personnel, and transportation resources needed, and in fact in
            place, in order to be able to provide an appropriate and timely
            response in any case of reported sexual assault in a deployed
            unit.''.

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

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

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

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

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

    SEC. 598. <<NOTE: 10 USC 4331 note.>> PRAYER AT MILITARY SERVICE ACADEMY
                ACTIVITIES.

        (a) In General.--The superintendent of a service academy may have in
    effect such policy as the superintendent considers

    [[Page 119 STAT. 3284]]

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

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

        (a) Administration of Authority by Secretaries of Military
    Departments.--Subsection (a) of section 2583 of title 10, United States
    Code, is amended--
                (1) by striking ``Secretary of Defense may'' and inserting
            ``Secretary of the military department concerned may''; and
                (2) by striking ``the Department of Defense'' and inserting
            ``such military department''.

        (b) Authority to Make Dogs Available for Adoption Before End of
    Useful Working Life.--Such subsection is further amended by striking
    ``at the end'' and all that follows and inserting ``, unless the dog has
    been determined to be unsuitable for adoption under subsection (b),
    under circumstances as follows:
                ``(1) At the end of the dog's useful working life.
                ``(2) Before the end of the dog's useful working life, if
            such Secretary, in such Secretary's discretion, determines that
            unusual or extraordinary circumstances justify making the dog
            available for adoption before that time.
                ``(3) When the dog is otherwise excess to the needs of such
            military department.''.

        (c) Clarification of Reporting Requirement.--Subsection (f) of such
    section is amended by inserting ``of Defense'' after ``Secretary''.
        (d) Conforming and Clerical Amendments.--The heading of such
    section, and the item relating to such section in the table of sections
    at the beginning of chapter 153 of <<NOTE: 10 USC prec. 2571.>> such
    title, are each amended by striking the last six words.

               TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

                         Subtitle A--Pay and Allowances

    Sec. 601. Increase in basic pay for fiscal year 2006.
    Sec. 602. Additional pay for permanent military professors at United
               States Naval Academy with over 36 years of service.
    Sec. 603. Basic pay rates for reserve component members selected to
               attend military service academy preparatory schools.
    Sec. 604. Clarification of restriction on compensation for
               correspondence courses.
    Sec. 605. Enhanced authority for agency contributions for members of the
               Armed Forces participating in the Thrift Savings Plan.
    Sec. 606. Pilot program on contributions to Thrift Savings Plan for
               initial enlistees in the Army.
    Sec. 607. Prohibition against requiring certain injured members to pay
               for meals provided by military treatment facilities.
    Sec. 608. Permanent authority for supplemental subsistence allowance for
               low-income members with dependents.
    Sec. 609. Increase in basic allowance for housing and extension of
               temporary lodging expenses authority for areas subject to
               major disaster declaration or for installations experiencing
               sudden increase in personnel levels.

    [[Page 119 STAT. 3285]]

    Sec. 610. Basic allowance for housing for reserve component members.
    Sec. 611. Permanent increase in length of time dependents of certain
               deceased members may continue to occupy military family
               housing or receive basic allowance for housing.
    Sec. 612. Overseas cost of living allowance.
    Sec. 613. Allowance to cover portion of monthly deduction from basic pay
               for Servicemembers' Group Life Insurance coverage for members
               serving in Operation Enduring Freedom or Operation Iraqi
               Freedom.
    Sec. 614. Income replacement payments for Reserves experiencing extended
               and frequent mobilization for active duty service.

               Subtitle B--Bonuses and Special and Incentive Pays

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

                Subtitle C--Travel and Transportation Allowances

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

                  Subtitle D--Retired Pay and Survivor Benefits

    Sec. 661. Monthly disbursement to States of State income tax withheld
               from retired or retainer pay.
    Sec. 662. Denial of certain burial-related benefits for individuals who
               committed a capital offense.

    [[Page 119 STAT. 3286]]

    Sec. 663. Concurrent receipt of veterans' disability compensation and
               military retired pay.
    Sec. 664. Additional amounts of death gratuity for survivors of certain
               members of the Armed Forces dying on active duty.
    Sec. 665. Child support for certain minor children of retirement-
               eligible members convicted of domestic violence resulting in
               death of child's other parent.
    Sec. 666. Comptroller General report on actuarial soundness of the
               Survivor Benefit Plan.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

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

                            Subtitle F--Other Matters

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

                         Subtitle A--Pay and Allowances

    SEC. 601. <<NOTE: 37 USC 1009 note.>> INCREASE IN BASIC PAY FOR FISCAL
                YEAR 2006.

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

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

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

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

        Section 203(e)(2) of title 37, United States Code, is amended--
                (1) by striking ``on active duty for a period of more than
            30 days shall continue to receive'' and inserting ``shall
            receive''; and

    [[Page 119 STAT. 3287]]

                (2) by inserting before the period at the end the following:
            ``or at the rate provided for cadets and midshipmen under
            subsection (c), whichever is greater''.

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

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

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

        (a) Authority to Make Contributions for Certain First-Time
    Enlistees.--Subsection (d) of section 211 of title 37, United States
    Code, is amended--
                (1) in paragraph (1)--
                        (A) in subparagraph (A), by inserting ``(i)'' after
                    ``(A)'';
                        (B) by redesignating subparagraph (B) as clause (ii)
                    of subparagraph (A) and, in such clause, by striking the
                    period at the end and inserting ``; or''; and
                        (C) by adding at the end the following new
                    subparagraph (B):
                        ``(B) is enlisting in the armed forces for the first
                    time and the period of the member's enlistment is not
                    less than two years.'';
                (2) in paragraph (2), by striking ``paragraph (1)'' the
            first place it appears and inserting ``paragraph (1)(A)'';
                (3) by designating the second sentence of paragraph (2) as
            paragraph (4) and, in such paragraph, by striking ``this
            paragraph'' and inserting ``this subsection''; and
                (4) by inserting before such paragraph (4) the following new
            paragraph:

        ``(3) In the case of a member described by paragraph (1)(B), the
    Secretary shall make contributions to the Fund for the benefit of the
    member for each pay period of the enlistment of the member described in
    that paragraph for which the member makes a contribution to the Fund
    under section 8440e of title 5 (other than under subsection (d)(2)
    thereof).''.
        (b) Clerical Amendment.--Such subsection is further amended by
    inserting ``and First-Time Enlistees'' after ``Specialties''.

    SEC. 606. <<NOTE: 37 USC 211 note.>> PILOT PROGRAM ON CONTRIBUTIONS TO
                THRIFT SAVINGS PLAN FOR INITIAL ENLISTEES IN THE ARMY.

        (a) Pilot Program Required.--During fiscal year 2006, the Secretary
    of the Army shall use the authority provided by section 211(d)(1)(B) of
    title 10, United States Code, as amended by section 605, to carry out
    within the Army a pilot program in order to assess the extent to which
    contributions by the Secretary to the Thrift Savings Fund on behalf of
    members of the Army described in subsection (b) would--
                (1) assist the Army in recruiting efforts; and
                (2) assist such members in establishing habits of financial
            responsibility during their initial enlistment in the Armed
            Forces.

        (b) Covered Members.--To be eligible to participate in the pilot
    program under subsection (a), a member of the Army must

    [[Page 119 STAT. 3288]]

    be serving under an initial enlistment for a period of not less than two
    years.
        (c) Contributions to Thrift Savings Fund.--
                (1) In general.--The Secretary of the Army may make
            contributions to the Thrift Savings Fund on behalf of any
            participant in the pilot program under subsection (a) for any
            pay period during the period of the pilot program.
                (2) Limitations.--The amount of any contributions made with
            respect to a member under paragraph (1) shall be subject to the
            provisions of section 8432(c) of title 5, United States Code.

        (d) Report.--
                (1) In general.--Not later than February 1, 2007, the
            Secretary of Defense shall submit to the congressional defense
            committees a report on the pilot program under subsection (a).
                (2) Elements.--The report shall include the following:
                        (A) A description of the pilot program, including
                    the number of members of the Army who participated in
                    the pilot program and the contributions made by the Army
                    to the Thrift Savings Fund on behalf of such members
                    during the period of the pilot program.
                        (B) An assessment, based on the pilot program and
                    taking into account the views of officers and senior
                    enlisted personnel of the Army, and of field recruiters,
                    of the extent to which contributions by the military
                    departments to the Thrift Savings Fund on behalf of
                    members of the Armed Forces similar to the participants
                    in the pilot program--
                              (i) would enhance the recruiting efforts of
                          the Armed Forces; and
                              (ii) would assist such members in establishing
                          habits of financial responsibility during their
                          initial enlistment in the Armed Forces.

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

        (a) Temporary Prohibition.--Section 402 of title 37, United States
    Code, is amended--
                (1) by redesignating subsection (h) as subsection (i); and
                (2) by inserting after subsection (g) the following new
            subsection:

        ``(h) No Payment for Meals Received at Military Treatment
    Facilities.--(1) A member of the armed forces who is undergoing medical
    recuperation or therapy, or is otherwise in the status of continuous
    care, including outpatient care, at a military treatment facility for an
    injury, illness, or disease described in paragraph (2) shall not be
    required to pay any charge for meals provided to the member by the
    military treatment facility during any month covered by paragraph (3) in
    which the member is entitled to a basic allowance for subsistence under
    this section.
        ``(2) Paragraph (1) applies with respect to an injury, illness, or
    disease incurred or aggravated by a member while the member was serving
    on active duty--
                ``(A) in support of Operation Iraqi Freedom or Operation
            Enduring Freedom; or

    [[Page 119 STAT. 3289]]

                ``(B) in any other operation designated by the Secretary of
            Defense as a combat operation or in an area designated by the
            Secretary as a combat zone.

        ``(3) <<NOTE: Effective date.>> This subsection shall apply to
    months beginning during the period beginning on October 1, 2005, and
    ending on December 31, 2006.''.

        (b) Repeal of Temporary Authority.--Section 1023 of division A of
    the Emergency Supplemental Appropriations Act for Defense, the Global
    War on Terror, and Tsunami Relief, 2005 (Public <<NOTE: Ante, p.
    251.>> Law 109-13), is repealed.

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

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

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

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

        ``(B) The Secretary of Defense shall base the amount of the increase
    to be made in the rates of basic allowance for housing for an area on a
    determination by the Secretary of the amount by which the costs of
    adequate housing for civilians have increased in the area by reason of
    the disaster or the influx of military personnel, except that the
    increase may not exceed the amount equal to 20 percent of the rate of
    basic allowance for housing otherwise prescribed for the area.
        ``(C) A member may be paid a basic allowance for housing at a rate
    increased under this paragraph only if the member certifies to the
    Secretary concerned that the member has incurred increased housing costs
    in the area by reason of the disaster or the influx of military
    personnel.
        ``(D) Subject to subparagraph (E), an increase in the rates of basic
    allowance for housing in an area under this paragraph

    [[Page 119 STAT. 3290]]

    shall remain in effect until the effective date of the first adjustment
    in rates of basic allowance for housing made for the area pursuant to a
    redetermination of housing costs in the area under this subsection that
    occurs after the date of the increase under this paragraph.
        ``(E) An increase in the rates of basic allowance for housing for an
    area may not be prescribed under this paragraph or continue after
    December 31, 2008.''.
        (b) Temporary Extension of Temporary Lodging Expenses Authority.--
    Section 404a(c) of such title is amended by adding at the end the
    following new paragraph:
        ``(3) Whenever the conditions described in clause (i) or (ii) of
    subparagraph (A) of section 403(b)(7) of this title exist for a military
    housing area or portion thereof, the Secretary concerned may increase
    the period for which subsistence expenses are to be paid or reimbursed
    under this section in the case of a change of permanent station
    described in subparagraph (A) or (C) of subsection (a)(2) in the same
    military housing area or portion thereof to a maximum of 20 days.''.
        (c) Effective Date.--The <<NOTE: 37 USC 403 note.>> amendments made
    by this section shall apply with respect to months beginning on or after
    September 1, 2005.

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

        (a) Equal Treatment of Reserve Members.--Subsection (g) of section
    403 of title 37, United States Code, is amended--
                (1) by redesignating paragraph (3) as paragraph (4);
                (2) by inserting after paragraph (2) the following new
            paragraph (3):

        ``(3) The rate of basic allowance for housing to be paid to the
    following members of a reserve component shall be equal to the rate in
    effect for similarly situated members of a regular component of the
    uniformed services:
                ``(A) A member who is called or ordered to active duty for a
            period of more than 30 days.
                ``(B) A member who is called or ordered to active duty for a
            period of 30 days or less in support of a contingency
            operation.''; and
                (3) in paragraph (4), as so redesignated, by striking ``less
            than 140 days'' and inserting ``30 days or less''.

        (b) Conforming Amendment Regarding Members Without Dependents.--
    Paragraph (1) of such subsection is amended by inserting ``or for a
    period of more than 30 days'' after ``in support of a contingency
    operation'' both places it appears.

    SEC. 611. <<NOTE: 37 USC 403 note.>> PERMANENT INCREASE IN LENGTH OF
                TIME DEPENDENTS OF CERTAIN DECEASED MEMBERS MAY CONTINUE TO
                OCCUPY MILITARY FAMILY HOUSING OR RECEIVE BASIC ALLOWANCE
                FOR HOUSING.

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

    [[Page 119 STAT. 3291]]

    SEC. 612. OVERSEAS COST OF LIVING ALLOWANCE.

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

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

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

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

        ``(a) Required Reimbursement for Premium Deduction.--(1) In the case
    of a member of the armed forces who has insurance coverage for the
    member under the Servicemembers' Group Life Insurance program under
    subchapter III of chapter 19 of title 38 and who serves in the theater
    of operations for Operation Enduring Freedom or Operation Iraqi Freedom
    at any time during a month, the Secretary concerned shall pay the member
    an allowance under this section for that month in an amount equal to the
    amount of the deduction made under subsection (a)(1) of section 1969 of
    such title for the first $150,000 of Servicemembers' Group Life
    Insurance coverage held by the member under section 1967 of such title.
        ``(2) If a member described in paragraph (1) elected to be insured
    in an amount less than the coverage amount specified in paragraph (1) or
    in effect pursuant to subsection (b), the amount of the allowance under
    this section for a month shall be equal

    [[Page 119 STAT. 3292]]

    to the amount of the deduction made for that month under subsection
    (a)(1) of section 1969 of title 38 from the basic pay of the member for
    the amount of Servicemembers' Group Life Insurance coverage actually
    held by the member under section 1967 of such title.
        ``(b) Authority to Increase Maximum Reimbursement Amount.--For
    purposes of subsection (a), the Secretary of Defense is authorized to
    increase the coverage amount specified in paragraph (1) of such
    subsection to permit the reimbursement of all or an additional amount of
    the deduction made under section 1969(a)(1) of title 38 for levels of
    coverage in excess of $150,000 for members under the Servicemembers'
    Group Life Insurance program.
        ``(c) Notice of Availability of Allowance.--To the maximum extent
    practicable, in advance of the deployment of a member to a theater of
    operations referred to in subsection (a), the Secretary concerned shall
    give the member information regarding the following:
                ``(1) The availability of the allowance under this section
            for members insured under the Servicemembers' Group Life
            Insurance program.
                ``(2) The ability of members who elected not to be insured
            under Servicemembers' Group Life Insurance, or elected less than
            the coverage amount specified in subsection (a)(1) or in effect
            pursuant to subsection (b), to obtain insurance, or to obtain
            additional coverage, as the case may be, under the authority
            provided in section 1967(c) of title 38.''.

        (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 7 of title 37, United States Code, is amended by adding at the
    end the following new item:

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

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

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

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

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

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

    [[Page 119 STAT. 3293]]

        ``(b) Eligibility.--Subject to subsection (c), a reserve component
    member is entitled to a payment under this section for any full month of
    active duty of the member, while on active duty under an involuntary
    mobilization order, following the date on which the member--
                ``(1) completes 18 continuous months of service on active
            duty under such an order;
                ``(2) completes 24 months on active duty during the previous
            60 months under such an order; or
                ``(3) is involuntarily mobilized for service on active duty
            for a period of 180 days or more within six months or less
            following the member's separation from a previous period of
            involuntary active duty for a period of 180 days or more.

        ``(c) Minimum and Maximum Payment Amounts.--(1) A payment under this
    section shall be made to a member for a month only if the amount of the
    monthly active-duty income differential for the month is greater than
    $50.
        ``(2) Notwithstanding the amount determined under subsection (d) for
    a member for a month, the monthly payment to a member under this section
    may not exceed $3,000.
        ``(d) Monthly Active-Duty Income Differential.--For purposes of this
    section, the monthly active-duty income differential of a member is the
    difference between--
                ``(1) the average monthly civilian income of the member; and
                ``(2) the member's total monthly military compensation.

        ``(e) Definitions.--In this section:
                ``(1) The term `average monthly civilian income', with
            respect to a member of a reserve component, means the amount,
            determined by the Secretary concerned, of the earned income of
            the member for either the 12 months preceding the member's
            mobilization or the 12 months covered by the member's most
            recent Federal income tax filing, divided by 12.
                ``(2) The term `total monthly military compensation' means
            the amount, computed on a monthly basis, of the sum of--
                        ``(A) the amount of the regular military
                    compensation (RMC) of the member; and
                        ``(B) any amount of special pay or incentive pay and
                    any allowance (other than an allowance included in
                    regular military compensation) that is paid to the
                    member on a monthly basis.

        ``(f) Regulations.--This section shall be administered under
    regulations to be prescribed by the Secretary of Defense.
        ``(g) Termination of Authority.--No payment shall be made under this
    section after December 31, 2008.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by adding at the end the following new item:

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

        (c) Effective Date.--Section 910 of <<NOTE: 37 USC 910 note.>> title
    37, United States Code, as added by subsection (a), may apply only with
    respect to months beginning after the end of the 180-day period
    beginning on the date of the enactment of this Act .

    [[Page 119 STAT. 3294]]

               Subtitle B--Bonuses and Special and Incentive Pays

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

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

        (d) Ready Reserve Enlistment and Reenlistment Bonus for Persons With
    Prior Service.--Section 308h(g) of such title is amended by striking
    ``December 31, 2005'' and inserting ``December 31, 2006''.
        (e) Selected Reserve Enlistment Bonus for Persons With Prior
    Service.--Section 308i(f) of such title is amended by striking
    ``December 31, 2005'' and inserting ``December 31, 2006''.

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

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

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

        (a) Special Pay for Nuclear-Qualified Officers Extending Period of
    Active Service.--Section 312(e) of title 37, United

    [[Page 119 STAT. 3295]]

    States Code, is amended by striking ``December 31, 2005'' and inserting
    ``December 31, 2006''.
        (b) Nuclear Career Accession Bonus.--Section 312b(c) of such title
    is amended by striking ``December 31, 2005'' and inserting ``December
    31, 2006''.
        (c) Nuclear Career Annual Incentive Bonus.--Section 312c(d) of such
    title is amended by striking ``December 31, 2005'' and inserting
    ``December 31, 2006''.

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

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

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

        (a) Eligibility.--Subsection (a) of section 302b of title 37, United
    States Code, is amended--
                (1) in the subsection heading, by striking ``and Board
            Certification'' and inserting ``Board Certification, and
            Incentive''; and
                (2) by adding at the end the following new paragraph:

        ``(6) An officer described in paragraph (1) who is an oral or
    maxillofacial surgeon may be paid incentive special pay at the same
    rates, and subject to the same terms and conditions, as incentive
    special pay available for medical officers under section 302(b) of this
    title.''.
        (b) Conforming Amendments.--Such section is further amended in
    subsections (b) and (d) by striking ``subsection (a)(4)'' each place it
    appears and inserting ``paragraph (4) or (6) of subsection (a)''.

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

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

    [[Page 119 STAT. 3296]]

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

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

    SEC. 628. FLEXIBLE PAYMENT OF ASSIGNMENT INCENTIVE PAY.

        (a) Authority to Provide Lump Sum or Installment Payments.--Section
    307a of title 37, United States Code, is amended--
                (1) in subsection (a)--
                        (A) by striking ``monthly''; and
                        (B) by adding at the end the following new sentence:
                    ``Incentive pay payable under this section may be paid
                    on a monthly basis, in a lump sum, or in
                    installments.''; and
                (2) in subsection (b)--
                        (A) by inserting ``(1)'' before ``The Secretary
                    concerned'';
                        (B) in paragraph (1), as so designated, by striking
                    ``incentive pay'' in the first sentence and inserting
                    ``the payment of incentive pay on a monthly basis''; and
                        (C) by adding at the end the following new
                    paragraph:

        ``(2) <<NOTE: Contracts.>> The Secretary concerned shall require a
    member performing service in an assignment designated under subsection
    (a) to enter into a written agreement with the Secretary in order to
    qualify for the payment of incentive pay on a lump sum or installment
    basis under this section. The written agreement shall specify the period
    for which the incentive pay will be paid to the member and, subject to
    subsection (c), the amount of the lump sum, or each installment, of the
    incentive pay.''.

        (b) Maximum Rate or Amount.--Subsection (c) of such section is
    amended to read as follows:
        ``(c) Maximum Rate or Amount.--(1) The maximum monthly rate of
    incentive pay payable to a member on a monthly basis under this section
    is $3,000.
        ``(2) The amount of the lump sum payment of incentive pay payable to
    a member on a lump sum basis under this section may not exceed an amount
    equal to the product of--
                ``(A) the maximum monthly rate authorized under paragraph
            (1) at the time of the written agreement of the member under
            subsection (b)(2); and
                ``(B) the number of months in the period for which incentive
            pay will be paid pursuant to the agreement.

        ``(3) The amount of each installment payment of incentive pay
    payable to a member on an installment basis under this section shall be
    the amount equal to--
                ``(A) the product of (i) a monthly rate specified in the
            written agreement of the member under subsection (b)(2) (which
            monthly rate may not exceed the maximum monthly rate authorized
            under paragraph (1) at the time of the written agreement), and
            (ii) the number of months in the period for which incentive pay
            will be paid; divided by
                ``(B) the number of installments over such period.

        ``(4) If a member extends an assignment specified in an agreement
    with the Secretary under subsection (b), incentive pay for the period of
    the extension may be paid under this section on a monthly basis, in a
    lump sum, or in installments in accordance with this section.''.
        (c) Repayment.--Such section is further amended--

    [[Page 119 STAT. 3297]]

                (1) by redesignating subsections (d), (e), and (f) as
            subsections (e), (f), and (g), respectively; and
                (2) by inserting after subsection (c), as amended by
            subsection (b) of this section, the following new subsection
            (d):

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

    SEC. 629. ACTIVE-DUTY REENLISTMENT BONUS.

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

        (b) Increase in Authorized Maximum Amount of Bonus.--Paragraph
    (2)(B) of such subsection is amended by striking ``$60,000'' and
    inserting ``$90,000''.
        (c) Repeal of Reference to Obsolete Special Pay.--Paragraph (1) of
    such subsection is amended--
                (1) by inserting ``and'' at the end of subparagraph (B);
                (2) by striking subparagraph (C); and
                (3) by redesignating subparagraph (D) as subparagraph (C).

        (d) Repeal of Obsolete Special Pay.--
                (1) Repeal.--Section 312a of title 37, United States Code,
            is repealed.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 5 of <<NOTE: 37 USC prec. 301.>> such title
            is amended by striking the item relating to section 312a.

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

        (a) Eligibility of Senior Enlisted Members.--Subsection (a)(1) of
    section 308b of title 37, United States Code, is amended by striking
    ``16 years of total military service'' and inserting ``20 years of total
    military service''.
        (b) Computation of Bonus Amount.--Subsection (b) of such section is
    amended by adding at the end the following new paragraph:
        ``(3) Any portion of a term of reenlistment or extension of
    enlistment of a member that, when added to the total years of service of
    the member at the time of discharge or release, exceeds

    [[Page 119 STAT. 3298]]

    24 years may not be used in computing the total bonus amount under
    paragraph (1).''.

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

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

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

        ``(a) Affiliation Bonus Authorized.--The Secretary concerned may pay
    an affiliation bonus to an enlisted member of an armed force who--
                ``(1) has completed fewer than 20 years of military service;
            and
                ``(2) executes a written agreement to serve in the Selected
            Reserve of the Ready Reserve of an armed force for a period of
            not less than three years in a skill, unit, or pay grade
            designated under subsection (b) after being discharged or
            released from active duty under honorable conditions.

        ``(b) Designation of Skills, Units, and Pay Grades.--The Secretary
    concerned shall designate the skills, units, and pay grades for which an
    affiliation bonus may be paid under subsection (a). Any skill, unit, or
    pay grade so designated shall be a skill, unit, or pay grade for which
    there is a critical need for personnel in the Selected Reserve of the
    Ready Reserve of an armed force, as determined by the Secretary
    concerned. The Secretary concerned shall establish other requirements to
    ensure that members accepted for affiliation meet required performance
    and discipline standards.
        ``(c) Accession Bonus Authorized.--The Secretary concerned may pay
    an accession bonus to a person who--
                ``(1) has not previously served in the armed forces; and
                ``(2) executes a written agreement to serve as an enlisted
            member in the Selected Reserve of the Ready Reserve of an armed
            force for a period of not less than three years upon acceptance
            of the agreement by the Secretary concerned.

        ``(d) Limitation on Amount of Bonus.--The amount of a bonus under
    subsection (a) or (c) may not exceed $20,000.
        ``(e) Payment Method.--Upon acceptance of a written agreement by the
    Secretary concerned, the total amount of the bonus payable under the
    agreement becomes fixed. The agreement shall specify whether the bonus
    shall be paid by the Secretary concerned in a lump sum or in
    installments.
        ``(f) Continued Entitlement to Bonus Payments.--A member entitled to
    a bonus under this section who is called or ordered to active duty shall
    be paid, during that period of active duty, any amount of the bonus that
    becomes payable to the member during that period of active duty.
        ``(g) Repayment.--(1) A person who enters into an agreement under
    subsection (a) or (c) and receives all or part of the bonus under the
    agreement, but who does not commence to serve in the Selected Reserve or
    does not satisfactorily participate in the Selected Reserve for the
    total period of service specified in the agreement, shall repay to the
    United States the amount of the bonus so paid, except as otherwise
    prescribed under paragraph (2).

    [[Page 119 STAT. 3299]]

        ``(2) The <<NOTE: Regulations.>> Secretary concerned shall prescribe
    in regulations whether repayment of an amount otherwise required under
    paragraph (1) shall be made in whole or in part, the method for
    computing the amount of such repayment, and any conditions under which
    an exception to required repayment would apply.

        ``(3) An obligation to repay the United States imposed under
    paragraph (1) is for all purposes a debt owed to the United States. A
    discharge in bankruptcy under title 11 that is entered less than five
    years after the termination of an agreement entered into under
    subsection (a) or (c) does not discharge the individual signing the
    agreement from a debt arising under such agreement or under paragraph
    (1).
        ``(h) Regulations.--This section shall be administered under
    regulations prescribed by the Secretary of Defense for the armed forces
    under the jurisdiction of the Secretary of Defense and by the Secretary
    of Homeland Security for the Coast Guard when it is not operating as a
    service in the Navy.
        ``(i) Termination of Bonus Authority.--No bonus may be paid under
    this section with respect to any agreement entered into under subsection
    (a) or (c) after December 31, 2006.''.
        (b) Repeal of Superseded Affiliation Bonus Authority.--Section 308e
    of such title is repealed.
        (c) Clerical Amendments.--The table of sections at the beginning of
    chapter 5 of <<NOTE: 37 USC prec. 301.>> such title is amended--
                (1) by striking the item relating to section 308c and
            inserting the following new item:

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

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

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

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

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

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

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

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

        Section 308i(a)(2) of title 37, United States Code, is amended--
                (1) by striking subparagraph (A) and inserting the following
            new subparagraph:

    [[Page 119 STAT. 3300]]

                ``(A) The person has not more than 16 years of total
            military service and received an honorable discharge at the
            conclusion of all prior periods of service.''; and
                (2) by striking subparagraph (D).

    SEC. 634. INCREASE AND ENHANCEMENT OF AFFILIATION BONUS FOR OFFICERS OF
                THE SELECTED RESERVE.

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

        (b) Increase in Maximum Amount.--Subsection (d) of such section is
    amended by striking ``$6,000'' and inserting ``$10,000''.
        (c) Conforming and Clerical Amendments.--
                (1) Conforming amendment.--The heading of such section is
            amended to read as follows:

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

                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 5 of such <<NOTE: 37 USC prec. 301.>> title
            is amended by striking the item relating to section 308j and
            inserting the following new item:

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

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

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

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

        Section 310(c) of title 37, United States Code, is amended--
                (1) by redesignating paragraphs (1) and (2) as paragraphs
            (2) and (3), respectively; and
                (2) by inserting before paragraph (2), as so redesignated,
            the following new paragraph (1):

        ``(1) In the case of an area described in subparagraph (B) or (D) of
    subsection (a)(2), the Secretary of Defense shall be responsible for
    designating the period during which duty in the area will qualify
    members for special pay under this section. The effective date
    designated for the commencement of such a period may be a date occurring
    before, on, or after the actual date on which the Secretary makes the
    designation. If the commencement date for such a period is a date
    occurring before the date on which the Secretary makes the designation,
    the payment of special pay under this section for the period between the
    commencement date and the date on which the Secretary makes the
    designation shall be subject to the availability of appropriated funds
    for that purpose.''.

    [[Page 119 STAT. 3301]]

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

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

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

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

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

        (a) Availability of Bonus in Lieu of Monthly Special Pay.--
    Subsection (a) of section 316 of title 37, United States Code, is
    amended--
                (1) by striking ``Special Pay'' and inserting ``Bonus'';
                (2) by striking ``monthly special pay'' and inserting ``a
            bonus''; and
                (3) by striking ``is entitled to basic pay under section 204
            of this title and who''.

        (b) Payment of Bonus.--Such section is further amended--
                (1) by striking subsections (b), (d), (e), and (g);
                (2) by redesignating subsections (f) and (h) as subsections
            (d) and (f), respectively; and
                (3) by inserting after subsection (a) the following new
            subsection (b):

        ``(b) Bonus Amount; Time for Payment.--A bonus under subsection (a)
    may not exceed $12,000 per one-year certification period under
    subsection (c). The Secretary concerned may pay the bonus in a single
    lump sum at the beginning of the certification period or in installments
    during the certification period. The bonus is in addition to any other
    pay or allowance payable to a member under any other provision of
    law.''.
        (c) Repayment.--Such section is further amended by inserting after
    subsection (d), as redesignated by subsection (b)(2) of this section,
    the following new subsection (e):
        ``(e) Repayment.--(1) A member who receives a bonus under this
    section, but who does not satisfy an eligibility requirement specified
    in paragraph (1), (2), (3), or (4) of subsection (a) for the entire
    certification period, shall repay to the United States the amount of the
    bonus so paid, except as otherwise prescribed under paragraph (2).
        ``(2) The <<NOTE: Regulations.>> Secretary concerned shall prescribe
    in regulations whether repayment of an amount otherwise required under
    paragraph (1) shall be made in whole or in part, the method for
    computing the amount of such repayment, and any conditions under which
    an exception to required repayment would apply.

        ``(3) An obligation to repay the United States imposed under
    paragraph (1) is for all purposes a debt owed to the United States. A
    discharge in bankruptcy under title 11 that is entered less than five
    years after the date on which the member received the bonus does not
    discharge the member from a debt arising under paragraph (1).''.

    [[Page 119 STAT. 3302]]

        (d) Conforming Amendments.--Such section is further amended--
                (1) in subsection (c)--
                        (A) by striking ``special pay or'' both places it
                    appears; and
                        (B) by striking ``or (b)'';
                (2) in subsection (d), as redesignated by subsection (b)(2)
            of this section--
                        (A) in paragraph (1)--
                              (i) by striking ``monthly special pay or'' in
                          the matter preceding subparagraph (A); and
                              (ii) in subparagraph (C), by striking ``for
                          receipt'' and all that follows through the period
                          at the end and inserting ``under subsection
                          (a).'';
                        (B) in paragraph (2), by striking ``For purposes''
                    and all that follows through ``the Secretary concerned''
                    and inserting ``The Secretary concerned'';
                        (C) in paragraph (3)--
                              (i) by striking ``special pay or'' both places
                          it appears; and
                              (ii) by striking ``subsection (h)'' and
                          inserting ``subsection (f)''; and
                        (D) in paragraph (4), by striking ``subsection (g)''
                    and inserting ``section 303a(e) of this title''.

        (e) Clerical Amendments.--
                (1) Section heading.--The heading of such section is amended
            to read as follows:

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

                (2) Table of sections.--The table of sections at the
            beginning of chapter 5 of <<NOTE: 37 USC prec. 301.>> such title
            is amended by striking the item relating to section 316 and
            inserting the following new item:

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

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

        (a) Availability of Bonus for Reserve Component Members.--Section
    323 of title 37, United States Code, is amended--
                (1) in subsection (a)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``who is serving on active duty and'' and
                    inserting ``who is serving on active duty in a regular
                    component or in an active status in a reserve component
                    and who'';
                        (B) in paragraph (1), by inserting ``or to remain in
                    an active status in a reserve component for at least one
                    year'' before the semicolon; and
                        (C) in paragraph (3), by inserting ``or to remain in
                    an active status in a reserve component for a period of
                    at least one year'' before the period; and
                (2) in subsection (e)(1), by inserting ``or service in an
            active status in a reserve component'' after ``active duty''
            each place it appears.

        (b) Additional Criteria for Bonus.--Such section is further
    amended--

    [[Page 119 STAT. 3303]]

                (1) in subsection (a), by striking ``designated critical
            military skill'' and inserting ``critical military skill
            designated under subsection (b) or accepts an assignment to a
            high priority unit designated under such subsection'';
                (2) in subsection (b)--
                        (A) by striking ``Designation of Critical
                    Skills.--'' and inserting ``Eligibility Criteria.--
                    (1)''; and
                        (B) by adding at the end the following new
                    paragraph:

        ``(2) The Secretary of Defense, and the Secretary of Homeland
    Security with respect to the Coast Guard when it is not operating as a
    service in the Navy, may designate a unit as a high priority unit
    regarding which a retention bonus will be provided to a member of the
    armed forces who agrees to accept an assignment to the unit under
    subsection (a).''; and
                (3) in subsection (h)(1), by striking ``members qualified in
            the critical military skills for which the bonuses were
            offered'' and inserting ``members of the armed forces who were
            offered a bonus under this section''.

        (c) Maximum Amount of Bonus for Reserve Component Members.--
    Subsection (d)(1) of such section is amended by inserting after
    ``$200,000'' the following: ``(or $100,000 in the case of a reserve
    component member)''.
        (d) Extended Eligibility Period for Certain Members.--Subsection (e)
    of such section is amended by striking paragraph (2) and inserting the
    following new paragraphs:
        ``(2) The limitations in paragraph (1) do not apply with respect to
    an officer who, during the period of active duty or service in an active
    status in a reserve component for which the bonus is being offered, is
    assigned duties as a health care professional.
        ``(3) The limitations in paragraph (1) do not apply with respect to
    a member who, during the period of active duty or service in an active
    status in a reserve component for which the bonus is being offered--
                ``(A) is qualified in a skill designated as critical under
            subsection (b)(1) related to special operations forces; or
                ``(B) is qualified for duty in connection with the
            supervision, operation, and maintenance of naval nuclear
            propulsion plants.''.

        (e) Repayment Requirements.--Subsection (g)(1) of such section is
    amended by striking ``If'' and all that follows through ``under this
    section,'' and inserting ``If a member paid a bonus under this section
    fails, during the period of service covered by the member's agreement,
    reenlistment, or voluntary extension of enlistment under subsection (a),
    to remain qualified in the critical military skill or to satisfy the
    other eligibility criteria for which the bonus was paid,''.
        (f) Clerical Amendments.--
                (1) Section heading.--The heading of section 323 of such
            title is amended to read as follows:

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

                (2) Table of sections.--The <<NOTE: 37 USC prec.
            301.>> table of sections at the beginning of chapter 5 of such
            title is amended by striking the

    [[Page 119 STAT. 3304]]

            item relating to section 323 and inserting the following new
            item:

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

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

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

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

        ``(a) Incentive Bonus Authorized.--A bonus under this section may be
    paid to an eligible member of a regular component or reserve component
    of an armed force who executes a written agreement--
                ``(1) to transfer from such regular component or reserve
            component to a regular component or reserve component of another
            armed force; and
                ``(2) to serve pursuant to such agreement for a period of
            not less than three years in the component to which transferred.

        ``(b) Eligible Members.--A member is eligible to enter into an
    agreement under subsection (a) if, as of the date of the agreement, the
    member--
                ``(1) has not failed to satisfactorily complete any term of
            enlistment in the armed forces;
                ``(2) is eligible for reenlistment in the armed forces or,
            in the case of an officer, is eligible to continue in service in
            a regular or reserve component of the armed forces; and
                ``(3) has fulfilled such requirements for transfer to the
            component of the armed force to which the member will transfer
            as the Secretary having jurisdiction over such armed force shall
            establish.

        ``(c) Limitation.--A member may enter into an agreement under
    subsection (a) to transfer to a regular component or reserve component
    of another armed force only if the Secretary having jurisdiction over
    such armed force determines that there is shortage of trained and
    qualified personnel in such component.
        ``(d) Amount and Payment of Bonus.--(1) A bonus under this section
    may not exceed $2,500.
        ``(2) A bonus under this section shall be paid by the Secretary
    having jurisdiction of the armed force to which the member to be paid
    the bonus is transferring.
        ``(3) A bonus under this section shall, at the election of the
    Secretary paying the bonus--
                ``(A) be disbursed to the member in one lump sum when the
            transfer for which the bonus is paid is approved by the chief
            personnel officer of the armed force to which the member is
            transferring; or
                ``(B) be paid to the member in annual installments in such
            amounts as may be determined by the Secretary paying the bonus.

        ``(e) Relationship to Other Pay and Allowances.--A bonus paid to a
    member under this section is in addition to any other pay and allowances
    to which the member is entitled.
        ``(f) Repayment.--(1) A member who is paid a bonus under an
    agreement under this section and who, voluntarily or because

    [[Page 119 STAT. 3305]]

    of misconduct, fails to serve for the period covered by such agreement
    shall refund to the United States an amount which bears the same ratio
    to the amount of the bonus paid such member as the period which such
    member failed to serve bears to the total period for which the bonus was
    paid.
        ``(2) An obligation to reimburse the United States imposed under
    paragraph (1) is for all purposes a debt owed to the United States.
        ``(3) A discharge in bankruptcy under title 11 that is entered less
    than 5 years after the termination of an agreement under this section
    does not discharge the person signing such agreement from a debt arising
    under paragraph (1).
        ``(g) Regulations.--The Secretaries concerned shall prescribe
    regulations to carry out this section. Regulations prescribed by the
    Secretary of a military department under this subsection shall be
    subject to the approval of the Secretary of Defense.
        ``(h) Termination of Authority.--No agreement under this section may
    be entered into after December 31, 2006.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 5 of such <<NOTE: 37 USC prec. 301.>> title is amended by adding
    at the end the following new item:

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

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

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

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

        ``(a) Special Pay Authorized.--The Secretary concerned may pay
    monthly special pay under this section to a member of the armed forces
    who, while in the line of duty, incurs a wound, injury, or illness in a
    combat operation or combat zone designated by the Secretary of Defense
    and is evacuated from the theater of the combat operation or from the
    combat zone for medical treatment.
        ``(b) Commencement of Payment.--Subject to subsection (c), the
    special pay authorized by subsection (a) may be paid to a member
    described in such subsection for any month beginning after the date on
    which the member was evacuated from the theater of the combat operation
    or the combat zone in which the member incurred the combat-related
    injury.
        ``(c) Termination of Payments.--The payment of special pay to a
    member under subsection (a) shall terminate at the end of the first
    month during which any of the following occurs:
                ``(1) The member is paid a benefit under the traumatic
            injury protection rider of the Servicemembers' Group Life
            Insurance Program issued under section 1980A of title 38.
                ``(2) The member receives notification of the eligibility of
            the member for a benefit under such traumatic injury protection
            rider and a period of 30 days expires after the date of such
            notification.

    [[Page 119 STAT. 3306]]

                ``(3) The member is no longer hospitalized in a military
            treatment facility or a facility under the auspices of the
            military health care system.

        ``(d) Amount of Special Pay.--The monthly amount of special pay paid
    to a member under this section shall be equal to $430, less any payment
    received by the member for the same month under section 310(b) of this
    title.
        ``(e) Relationship to Other Pay and Allowances.--Special pay paid to
    a member under this section is in addition to any other pay and
    allowances to which the member is entitled or authorized to receive.''.
        (b) Continuation of Hostile Fire and Imminent Danger Pay During
    Hospitalization.--Section 310(b) of such title is amended--
                (1) by striking ``A member covered by subsection (a)(2)(C)''
            and all that follows through ``the injury or wound'' and
            inserting ``(1) A member described in paragraph (2)'';
                (2) by striking ``so hospitalized'' and inserting
            ``hospitalized as described in such paragraph''; and
                (3) by adding at the end the following new paragraph:

        ``(2) Paragraph (1) applies with respect to a member who--
                ``(A) is injured or wounded under the circumstances
            described in subsection (a)(2)(C) and is hospitalized for the
            treatment of the injury or wound; or
                ``(B) while in the line of duty, incurs a wound, injury, or
            illness in a combat operation or combat zone designated by the
            Secretary of Defense and is hospitalized outside of the theater
            of the combat operation or the combat zone for the treatment of
            the wound, injury, or illness.''.

        (c) Clerical Amendment.--The table of sections at the beginning of
    chapter 5 of <<NOTE: 37 USC prec. 301.>> such title is amended by
    inserting after the item relating to section 327, as added by section
    641, the following new item:

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

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

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

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

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

        ``(a) In General.--Under regulations approved by the Secretary of
    Defense, the Secretary concerned may provide voluntary separation pay
    and benefits in accordance with this section to eligible

    [[Page 119 STAT. 3307]]

    members of the armed forces who are voluntarily separated from active
    duty in the armed forces.
        ``(b) Eligible Members.--(1) Except as provided in paragraph (2), a
    member of the armed forces is eligible for voluntary separation pay and
    benefits under this section if the member--
                ``(A) has served on active duty for more than 6 years but
            not more than 20 years;
                ``(B) has served at least 5 years of continuous active duty
            immediately preceding the date of the member's separation from
            active duty;
                ``(C) has not been approved for payment of a voluntary
            separation incentive under section 1175 of this title;
                ``(D) meets such other requirements as the Secretary
            concerned may prescribe, which may include requirements relating
            to--
                        ``(i) years of service, skill, rating, military
                    specialty, or competitive category;
                        ``(ii) grade or rank;
                        ``(iii) remaining period of obligated service; or
                        ``(iv) any combination of these factors; and
                ``(E) requests separation from active duty.

        ``(2) The following members are not eligible for voluntary
    separation pay and benefits under this section:
                ``(A) Members discharged with disability severance pay under
            section 1212 of this title.
                ``(B) Members transferred to the temporary disability
            retired list under section 1202 or 1205 of this title.
                ``(C) Members being evaluated for disability retirement
            under chapter 61 of this title.
                ``(D) Members who have been previously discharged with
            voluntary separation pay.
                ``(E) Members who are subject to pending disciplinary action
            or who are subject to administrative separation or mandatory
            discharge under any other provision of law or regulations.

        ``(3) The Secretary concerned shall determine each year the number
    of members to be separated, and provided separation pay and benefits,
    under this section during the fiscal year beginning in such year.
        ``(c) Separation.--Each eligible member of the armed forces whose
    request for separation from active duty under subsection (b)(1)(E) is
    approved shall be separated from active duty.
        ``(d) Additional Service in Ready Reserve.--Of the number of members
    of the armed forces to be separated from active duty in a fiscal year,
    as determined under subsection (b)(3), the Secretary concerned shall
    determine a number of such members, in such skill and grade combinations
    as the Secretary concerned shall designate, who shall serve in the Ready
    Reserve, after separation from active duty, for a period of not less
    than three years, as a condition of the receipt of voluntary separation
    pay and benefits under this section.
        ``(e) Separation Pay and Benefits.--(1) A member of the armed forces
    who is separated from active duty under subsection (c) shall be paid
    voluntary separation pay in accordance with subsection (g) in an amount
    determined by the Secretary concerned pursuant to subsection (f).

    [[Page 119 STAT. 3308]]

        ``(2) A member who is not entitled to retired or retainer pay upon
    separation shall be entitled to the benefits and services provided
    under--
                ``(A) chapter 58 of this title during the 180-day period
            beginning on the date the member is separated (notwithstanding
            any termination date for such benefits and services otherwise
            applicable under the provisions of such chapter); and
                ``(B) sections 404 and 406 of title 37.

        ``(f) Computation of Voluntary Separation Pay.--The Secretary
    concerned shall specify the amount of voluntary separation pay that an
    individual or defined group of members of the armed forces may be paid
    under subsection (e)(1). No member may receive as voluntary separation
    pay an amount greater than two times the full amount of separation pay
    for a member of the same pay grade and years of service who is
    involuntarily separated under section 1174 of this title.
        ``(g) Payment of Voluntary Separation Pay.--(1) Voluntary separation
    pay under this section may be paid in a single lump sum.
        ``(2) In the case of a member of the armed forces who, at the time
    of separation under subsection (c), has completed at least 15 years, but
    less than 20 years, of active service, voluntary separation pay may be
    paid, at the election of the Secretary concerned, in--
                ``(A) a single lump sum;
                ``(B) installments over a period not to exceed 10 years; or
                ``(C) a combination of lump sum and such installments.

        ``(h) Coordination With Retired or Retainer Pay and Disability
    Compensation.--(1) A member who is paid voluntary separation pay under
    this section and who later qualities for retired or retainer pay under
    this title or title 14 shall have deducted from each payment of such
    retired or retainer pay an amount, in such schedule of monthly
    installments as the Secretary concerned shall specify, until the total
    amount deducted from such retired or retainer pay is equal to the total
    amount of voluntary separation pay so paid.
        ``(2)(A) Except as provided in subparagraphs (B) and (C), a member
    who is paid voluntary separation pay under this section shall not be
    deprived, by reason of the member's receipt of such pay, of any
    disability compensation to which the member is entitled under the laws
    administered by the Secretary of Veterans Affairs, but there shall be
    deducted from such disability compensation an amount, in such schedule
    of monthly installments as the Secretary concerned shall specify, until
    the total amount deducted from such disability compensation is equal to
    the total amount of voluntary separation pay so paid, less the amount of
    Federal income tax withheld from such pay (such withholding being at the
    flat withholding rate for Federal income tax withholding, as in effect
    pursuant to regulations prescribed under chapter 24 of the Internal
    Revenue Code of 1986).
        ``(B) No deduction shall be made from the disability compensation
    paid to an eligible disabled uniformed services retiree under section
    1413, or to an eligible combat-related disabled uniformed services
    retiree under section 1413a of this title, who is paid voluntary
    separation pay under this section.

    [[Page 119 STAT. 3309]]

        ``(C) No deduction may be made from the disability compensation paid
    to a member for the amount of voluntary separation pay received by the
    member because of an earlier discharge or release from a period of
    active duty if the disability which is the basis for that disability
    compensation was incurred or aggravated during a later period of active
    duty.
        ``(3) The requirement under this subsection to repay voluntary
    separation pay following retirement from the armed forces does not apply
    to a member who was eligible to retire at the time the member applied
    and was accepted for voluntary separation pay and benefits under this
    section.
        ``(4) The Secretary concerned may waive the requirement to repay
    voluntary separation pay under paragraphs (1) and (2) if the Secretary
    determines that recovery would be against equity and good conscience or
    would be contrary to the best interests of the United States.
        ``(i) Retirement Defined.--In this section, the term `retirement'
    includes a transfer to the Fleet Reserve or Fleet Marine Corps Reserve.
        ``(j) Repayment for Members Who Return to Active Duty.--(1) Except
    as provided in paragraphs (2) and (3), a member of the armed forces who,
    after having received all or part of voluntary separation pay under this
    section, returns to active duty shall have deducted from each payment of
    basic pay, in such schedule of monthly installments as the Secretary
    concerned shall specify, until the total amount deducted from such basic
    pay equals the total amount of voluntary separation pay received.
        ``(2) Members who are involuntarily recalled to active duty or full-
    time National Guard duty in accordance with section 12301(a), 12301(b),
    12301(g), 12302, 12303, or 12304 of this title or section 502(f)(1) of
    title 32 shall not be subject to this subsection.
        ``(3) Members who are recalled or perform active duty or full-time
    National Guard duty in accordance with section 101(d)(1), 101(d)(2),
    101(d)(5), 12301(d) (insofar as the period served is less than 180
    consecutive days with the consent of the member), 12319, or 12503 of
    title 10, or section 114, 115, or 502(f)(2) of title 32 (insofar as the
    period served is less than 180 consecutive days with consent of the
    member), shall not be subject to this subsection.
        ``(4) The Secretary of Defense may waive, in whole or in part,
    repayment required under paragraph (1) if the Secretary determines that
    recovery would be against equity and good conscience or would be
    contrary to the best interests of the United States. The authority in
    this paragraph may be delegated only to the Undersecretary of Defense
    for Personnel and Readiness and the Principal Deputy Undersecretary of
    Defense for Personnel and Readiness.
        ``(k) Termination of Authority.--(1) The authority to separate a
    member of the armed forces from active duty under subsection (c) shall
    terminate on December 31, 2008.
        ``(2) A member who separates by the date specified in paragraph (1)
    may continue to be provided voluntary separation pay and benefits under
    this section until the member has received the entire amount of pay and
    benefits to which the member is entitled under this section.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 59 of such <<NOTE: 10 USC prec.
            1161.>> title is amended by inserting after the item relating to
            section 1175 the following new item:

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

    [[Page 119 STAT. 3310]]

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

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

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

    SEC. 645. TEMPORARY AUTHORITY TO PAY BONUS TO ENCOURAGE MEMBERS OF THE
                ARMY TO REFER OTHER PERSONS FOR ENLISTMENT IN THE ARMY.

        (a) Authority to Pay Bonus.--The Secretary of the Army may pay a
    bonus under this section to a member of the Army, whether in the regular
    component of the Army or in the Army National Guard or Army Reserve, who
    refers to an Army recruiter a person who has not previously served in an
    Armed Force and who, after such referral, enlists in the regular
    component of the Army or in the Army National Guard or Army Reserve.
        (b) Referral.--For purposes of this section, a referral for which a
    bonus may be paid under subsection (a) occurs--
                (1) when a member of the Army contacts an Army recruiter on
            behalf of a person interested in enlisting in the Army; or
                (2) when a person interested in enlisting in the Army
            contacts the Army recruiter and informs the recruiter of the
            role of the member in initially recruiting the person.

        (c) Certain Referrals Ineligible.--
                (1) Referral of immediate family.--A member of the Army may
            not be paid a bonus under subsection (a) for the referral of an
            immediate family member.
                (2) Members in recruiting roles.--A member of the Army
            serving in a recruiting or retention assignment, or assigned to
            other duties regarding which eligibility for a bonus under
            subsection (a) could (as determined by the Secretary)

    [[Page 119 STAT. 3311]]

            be perceived as creating a conflict of interest, may not be paid
            a bonus under subsection (a).

        (d) Amount of Bonus.--The amount of the bonus paid for a referral
    under subsection (a) may not exceed $1,000. The bonus shall be paid in a
    lump sum.
        (e) Time of Payment.--A bonus may not be paid under subsection (a)
    with respect to a person who enlists in the Army until the person
    completes basic training and individual advanced training.
        (f) Relation to Prohibition on Bounties.--The referral bonus
    authorized by this section is not a bounty for purposes of section
    514(a) of title 10, United States Code.
        (g) Duration of Authority.--A bonus may not be paid under subsection
    (a) with respect to any referral that occurs after December 31, 2007.

                Subtitle C--Travel and Transportation Allowances

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

        (a) Absences Covered by Allowance.--Section 404b of title 37, United
    States Code, is amended--
                (1) in subsection (a), by striking ``while the member is in
            an authorized leave status'' and inserting ``during an
            authorized absence of the member from the temporary duty
            location'';
                (2) in subsection (b)--
                        (A) in paragraph (1), by striking ``taking the
                    authorized leave'' and inserting ``the authorized
                    absence''; and
                        (B) in paragraph (3), by striking ``immediately
                    after completing the authorized leave'' and inserting
                    ``before the end of the authorized absence'';
                (3) in subsection (c), by striking ``while the member was in
            an authorized leave status'' and inserting ``during the
            authorized absence of the member''; and
                (4) by adding at the end the following new subsection:

        ``(d) Authorized Absence Defined.--In this section, the term
    `authorized absence', with respect to a member, means that the member is
    in an authorized leave status or that the absence of the member is
    otherwise authorized under regulations prescribed by the Secretary
    concerned.''.
        (b) Clerical Amendments.--
                (1) Section heading.--The heading of such section is amended
            to read as follows:

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

                (2) Table of sections.--The table of sections at the
            beginning of chapter 7 of such <<NOTE: 37 USC prec. 401.>> title
            is amended by striking the

    [[Page 119 STAT. 3312]]

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

        (a) Death of Members Entitled to Basic Pay.--Subsection (f) section
    406 of title 37, United States Code, is amended--
                (1) by inserting ``(1)'' after ``(f)'';
                (2) by striking ``he'' and inserting ``the member''; and
                (3) by adding at the end the following new paragraph:

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

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

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

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

        ``(a) Allowance for Family Members and Certain Others.--(1) Under
    uniform regulations prescribed by the Secretaries concerned, travel and
    transportation described in subsection (d) may be provided for not more
    than three family members of a member described in subsection (b).
        ``(2) In addition to the family members authorized to be provided
    travel and transportation under paragraph (1), the Secretary concerned
    may provide travel and transportation described in subsection (d) to an
    attendant to accompany a family member described in that paragraph if
    the Secretary determines that--
                ``(A) the family member to be accompanied is unable to
            travel unattended because of age, physical condition, or other
            reason determined by the Secretary; and
                ``(B) no other family member who is eligible for travel and
            transportation under paragraph (1) is able to serve as an
            attendant for the family member.

        ``(3) If no family member of a member described in subsection (b) is
    able to travel to the repatriation site of the member, travel

    [[Page 119 STAT. 3313]]

    and transportation described in subsection (d) may be provided to not
    more than 2 persons related to and selected by the member.
        ``(4) In circumstances determined to be appropriate by the Secretary
    concerned, the Secretary may waive the limitation on the number of
    family members of a member provided travel and transportation allowances
    under this section.
        ``(b) Covered Members.--A member described in this subsection is a
    member of the uniformed services who--
                ``(1) is serving on active duty;
                ``(2) was held captive, as determined by the Secretary
            concerned; and
                ``(3) is repatriated to a site inside or outside the United
            States.

        ``(c) Eligible Family Members.--In this section, the term `family
    member' has the meaning given the term in section 411h(b) of this title.
        ``(d) Travel and Transportation Authorized.--(1) The transportation
    authorized by subsection (a) is round-trip transportation between the
    home of the family member (or home of the attendant or person provided
    transportation under paragraph (2) or (3) of subsection (a), as the case
    may be) and the location of the repatriation site at which the member is
    located.
        ``(2) In addition to the transportation authorized by subsection
    (a), the Secretary concerned may provide a per diem allowance or
    reimbursement for the actual and necessary expenses of the travel, or a
    combination thereof, but not to exceed the rates established for such
    allowances and expenses under section 404(d) of this title.
        ``(3) The transportation authorized by subsection (a) may be
    provided by any of the means described in section 411h(d)(1) of this
    title.
        ``(4) An allowance under this subsection may be paid in advance.
        ``(5) Reimbursement payable under this subsection may not exceed the
    cost of Government-procured round-trip air travel.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 7 of such <<NOTE: 37 USC prec. 401.>> title is amended by
    inserting after the item relating to section 411i the following new
    item:

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

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

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

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

        (b) Effective Date.--The amendment made by subsection (a) shall take
    effect on January 1, 2006, and apply with respect to

    [[Page 119 STAT. 3314]]

    an order in connection with a change of temporary or permanent station
    issued on or after that date.

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

        (a) Authority to <<NOTE: 37 USC 411h notes.>> Continue Allowance.--
    Section 1026 of division A of the Emergency Supplemental Appropriations
    Act for Defense, the Global War on Terror, and Tsunami Relief, 2005
    (Public Law 109-13; 119 Stat. 254), is amended by striking subsections
    (d) and (e).

        (b) Conforming Amendment.--Subsection (a)(2)(B)(ii) of section 411h
    of title 37, United States Code, as added by section 1026 of division A
    of the Emergency Supplemental Appropriations Act for Defense, the Global
    War on Terror, and Tsunami Relief, 2005, is amended by striking ``under
    section 1967(e)(1)(A) of title 38''.
        (c) Effective Date.--The <<NOTE: 37 USC 411h note.>> amendments made
    by this section shall take effect on the earlier of the following:
                (1) The date of the enactment of this Act.
                (2) The date specified in section 106(3) of Public Law 109-
            77 (119 Stat. 2039).

                  Subtitle D--Retired Pay and Survivor Benefits

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

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

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

        (a) Prohibition of Interment in National Cemeteries.--Section 2411
    of title 38, United States Code, is amended--
                (1) in subsection (b)--
                        (A) in paragraph (1), by striking ``for which the
                    person was sentenced to death or life imprisonment'' and
                    inserting ``and whose conviction is final (other than a
                    person whose sentence was commuted by the President)'';
                    and
                        (B) in paragraph (2), by striking ``for which the
                    person was sentenced to death or life imprisonment
                    without parole'' and inserting ``and whose conviction is
                    final (other than a person whose sentence was commuted
                    by the Governor of a State)''; and
                (2) in subsection (d)--
                        (A) in paragraph (1), by striking ``the death
                    penalty or life imprisonment may be imposed'' and
                    inserting ``a sentence of imprisonment for life or the
                    death penalty may be imposed''; and

    [[Page 119 STAT. 3315]]

                        (B) in paragraph (2), by striking ``the death
                    penalty or life imprisonment without parole may be
                    imposed'' and inserting ``a sentence of imprisonment for
                    life or the death penalty may be imposed''.

        (b) Prohibition of Certain Department of Defense Benefits.--
                (1) Additional circumstances for prohibition of performance
            of military honors.--Subsection (a) of section 985 of title 10,
            United States Code, is amended--
                        (A) by inserting ``(under section 1491 of this title
                    or any other authority)'' after ``military honors''; and
                        (B) by striking ``a person who'' and all that
                    follows and inserting the following: ``any of the
                    following persons:
                ``(1) A person described in section 2411(b) of title 38.
                ``(2) A person who is a veteran (as defined in section
            1491(h) of this title) or who died while on active duty or a
            member of a reserve component, when the circumstances
            surrounding the person's death or other circumstances as
            specified by the Secretary of Defense are such that to provide
            military honors at the funeral or burial of the person would
            bring discredit upon the person's service (or former
            service).''.
                (2) Additional circumstances for prohibition of interment in
            military cemetery.--Subsection (b) of such section is amended
            by <<NOTE: Supra.>> striking ``convicted of a capital offense
            under Federal law'' and inserting ``who is ineligible for
            interment in a national cemetery under the control of the
            National Cemetery Administration by reason of section 2411(b) of
            title 38''.
                (3) Conforming amendment.--Subsection (c) such section is
            amended to read as follows:

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

        (c) Clerical Amendments.--
                (1) Section heading.--The heading of section 985 of such
            title is amended to read as follows:

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

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

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

        (d) Rulemaking.--
                (1) Department of veterans affairs.--The <<NOTE: 38 USC 2411
            note.>> Secretary of Veterans Affairs shall prescribe
            regulations to ensure that a person is not interred in any
            cemetery in the National Cemetery System unless a good faith
            effort has been made to determine whether such person is
            ineligible for such interment or honors by reason of being a
            person described in section 2411(b) of title 38, United States
            Code, or is otherwise ineligible for such interment under
            Federal law.

    [[Page 119 STAT. 3316]]

                (2) Department of defense.--The <<NOTE: 10 USC 985
            note.>> Secretary of Defense shall prescribe regulations to
            ensure that a person is not interred in any military cemetery
            under the authority of the Secretary of a military department or
            provided funeral honors under section 1491 of title 10, United
            States Code, unless a good faith effort has been made to
            determine whether such person is ineligible for such interment
            or honors by reason of being a person described in section
            2411(b) of title 38, United States Code, or is otherwise
            ineligible for such interment or honors under Federal law.

        (e) Effective Date.--The <<NOTE: 10 USC 985 note.>> amendments made
    by this section shall apply with respect to funerals and burials that
    occur on or after the date of the enactment of this Act.

    SEC. 663. <<NOTE: Effective date.>> CONCURRENT RECEIPT OF VETERANS'
                DISABILITY COMPENSATION AND MILITARY RETIRED PAY.

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

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

        (a) Increased Amount of Death Gratuity.--
                (1) Increased amount.--Subsection (a) of section 1478 of
            title 10, United States Code, is amended by striking ``$12,000''
            and inserting ``$100,000''.
                (2) Amendments.--Such section is further amended--
                        (A) in the first sentence of subsection (a), by
                    striking ``(as'' and all that follows in that sentence
                    and inserting a period; and
                        (B) by striking subsection (c).
                (3) Effective date.--The <<NOTE: 10 USC 1478
            note.>> amendment made by paragraph (1) shall take effect as of
            October 7, 2001, and shall apply to deaths occurring on or after
            the date of the enactment of this Act and, subject to subsection
            (c), to deaths occurring during the period beginning on October
            7, 2001, and ending on the day before the date of the enactment
            of this Act.

        (b) Retroactive Payment of Additional Death Gratuity for Certain
    Members not Previously Covered.--Such section is further amended by
    adding at the end the following new subsection:
        ``(d)(1) In the case of a person described in paragraph (2), a death
    gratuity shall be payable, subject to section 664(c) of the National
    Defense Authorization Act for Fiscal Year 2006, for the death of such
    person that is in addition to the death gratuity payable in the case of
    such death under subsection (a).
        ``(2) This subsection applies in the case of a person who died
    during the period beginning on October 7, 2001, and ending on May 11,
    2005, while a member of the armed forces on active duty and whose death
    did not establish eligibility for an additional death gratuity under the
    prior subsection (e) of this section (as added by section 1013(b) of
    Public Law 109-13; 119 Stat. 247),

    [[Page 119 STAT. 3317]]

    because the person was not described in paragraph (2) of that prior
    subsection.
        ``(3) The amount of additional death gratuity payable under this
    subsection shall be $150,000.
        ``(4) A payment pursuant to this subsection shall be paid in the
    same manner as provided under paragraph (4) of the prior subsection (e)
    of this section (as added by section 1013(b) of Public Law 109-13; 119
    Stat. 247), for payments pursuant to paragraph (3)(A) of that prior
    subsection.''.
        (c) Funding.--Amounts for payments after the date of the enactment
    of this Act by reason of the amendments made by subsection (a) with
    respect to deaths before the date of the date of the enactment of this
    Act, and amounts for payments under subsection (d) of section 1478 of
    title 10, United States Code, as added by subsection (b), shall be
    derived from supplemental appropriations for the Department of Defense
    for fiscal year 2006 for military operations in Iraq and Afghanistan and
    the Global War on Terrorism, contingent upon such appropriations being
    enacted.
        (d) Coordination of Amendments.--If the date of the enactment of
    this Act occurs before the date specified in section 106(3) of Public
    Law 109-77--
                (1) effective as of such date of enactment, the amendments
            made to section 1478 of title 10, United States Code, by section
            1013 of Public Law 109-13 are repealed; and
                (2) effective immediately before the execution of the
            amendments made by this section, the provisions of section 1478
            of title 10, United States Code, as in effect on the day before
            the date of the enactment of Public Law 109-13, are revived.

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

        (a) Authority for Court-Ordered Payments.--Section 1408(h) of title
    10, United States Code, is amended--
                (1) in paragraph (1)--
                        (A) by inserting ``(A)'' after ``(1)''; and
                        (B) by adding at the end of such paragraph the
                    following:

        ``(B) If, in the case of a member or former member of the armed
    forces referred to in paragraph (2)(A), a court order provides for the
    payment as child support of an amount from the disposable retired pay of
    that member or former member (as certified under paragraph (4)) to an
    eligible dependent child of the member or former member, the Secretary
    concerned, beginning upon effective service of such court order, shall
    pay that amount in accordance with this subsection to such dependent
    child.'';
                (2) in paragraph (2)--
                        (A) in the matter preceding subparagraph (A), by
                    inserting ``, or a dependent child,'' after ``former
                    spouse'';
                        (B) in subparagraph (B)--
                              (i) by inserting ``in the case of eligibility
                          of a spouse or former spouse under paragraph
                          (1)(A),'' after ``(B)''; and
                              (ii) by striking the period at the end and
                          inserting ``; and''; and

    [[Page 119 STAT. 3318]]

                        (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 <<NOTE: 10 USC 1408 note.>> court order
    authorized by the amendments made by this section may not provide for a
    payment attributable to any period before the date of the enactment of
    this Act, or the date of the court order, whichever is later.

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

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

        (c) Government Contributions.--In making the assessments under
    paragraphs (2) and (3) of subsection (b), the Comptroller General, in
    considering the Government contributions to the Survivor Benefit Plan
    program, shall consider both the Government's

    [[Page 119 STAT. 3319]]

    normal cost contributions under the program and the Government's
    payments to amortize unfunded liability under the program.

    Subtitle E--Commissary and Nonappropriated Fund Instrumentality Benefits

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

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

    SEC. 672. <<NOTE: Effective date.>> REQUIREMENTS FOR PRIVATE OPERATION
                OF COMMISSARY STORE FUNCTIONS.

        Section 2485(a)(2) of title 10, United States Code, is amended by
    adding at the end the following new sentence: ``Until December 31, 2008,
    the Defense Commissary Agency is not required to conduct any cost-
    comparison study under the policies and procedures of Office of
    Management and Budget Circular A-76 relating to the possible contracting
    out of commissary store functions.''.

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

        Section 2643 of title 10, United States Code, is amended--
                (1) by inserting ``(a) Transportation Options.--'' before
            ``The Secretary'';
                (2) in the first sentence, by striking ``by sea without
            relying on the Military Sealift Command'' and inserting ``to
            destinations outside the continental United States without
            relying on the Air Mobility Command, the Military Sealift
            Command,'';
                (3) in the second sentence, by striking ``transportation
            contracts'' and inserting ``contracts for sea-borne
            transportation''; and
                (4) by adding at the end the following new subsection:

        ``(b) Payment of Transportation Costs.--Section 2483(b)(5) of this
    title, regarding the use of appropriated funds to cover the expenses of
    operating commissary stores, shall apply to the transportation of
    commissary supplies and products. Appropriated funds for the Department
    of Defense shall also be used to cover the expenses of transporting
    exchange supplies and products to destinations outside the continental
    United States.''.

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

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

    [[Page 119 STAT. 3320]]

                ``(A) with respect to an employee of a nonappropriated fund
            instrumentality of the Department of Defense, the Secretary of
            Defense; and
                ``(B) with respect to an employee of a nonappropriated fund
            instrumentality of the Coast Guard, the Secretary of the
            Executive department in which it is operating.''.

    SEC. 675. REST AND RECUPERATION LEAVE PROGRAMS.

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

                            Subtitle F--Other Matters

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

        (a) Authority to Develop and Provide Recruitment Incentives.--The
    Secretary of the Army may develop and provide incentives not otherwise
    authorized by law to encourage individuals to accept commissions as
    officers or to enlist in the Army.
        (b) Relation to Other Personnel Authorities.--A recruitment
    incentive developed under subsection (a) may be provided--
                (1) without regard to the lack of specific authority for the
            incentive under title 10 or 37, United States Code; and
                (2) notwithstanding any provision of such titles, or any
            rule or regulation prescribed under such provision, relating to
            methods of--
                        (A) determining requirements for, and the
                    compensation of, members of the Army who are assigned
                    duty as military recruiters; or
                        (B) providing incentives to individuals to accept
                    commissions or enlist in the Army, including the
                    provision of group or individual bonuses, pay, or other
                    incentives.

        (c) Waiver of Otherwise Applicable Laws.--A provision of title 10 or
    37, United States Code, may not be waived with respect to, or otherwise
    determined to be inapplicable to, the provision of a recruitment
    incentive developed under subsection (a) without the approval of the
    Secretary of Defense.
        (d) Notice and Wait Requirement.--A recruitment incentive developed
    under subsection (a) may not be provided to individuals until--

    [[Page 119 STAT. 3321]]

                (1) the Secretary of the Army submits to Congress, the
            appropriate elements of the Department of Defense, and the
            Comptroller General a plan that includes--
                        (A) a description of the incentive, including the
                    purpose of the incentive and the potential recruits to
                    be addressed by the incentive;
                        (B) a description of the provisions of titles 10 and
                    37, United States Code, from which the incentive would
                    require a waiver and the rationale to support the
                    waiver;
                        (C) a statement of the anticipated outcomes as a
                    result of providing the incentive; and
                        (D) the method to be used to evaluate the
                    effectiveness of the incentive; and
                (2) a 45-day period beginning on the date on which the plan
            was received by Congress expires.

        (e) Limitation on Number of Incentives.--Not more than four
    recruitment incentives may be provided under the authority of this
    section.
        (f) Limitation on Number of Individuals Receiving Incentives.--The
    number of individuals who receive one or more of the recruitment
    incentives provided under subsection (a) during a fiscal year may not
    exceed the number of individuals equal to 20 percent of the accession
    mission of the Army for that fiscal year.
        (g) Duration of Developed Incentive.--A recruitment incentive
    developed under subsection (a) may be provided for not longer than a
    three-year period beginning on the date on which the incentive is first
    provided, except that the Secretary of the Army may extend the period if
    the Secretary determines that additional time is needed to fully
    evaluate the effectiveness of the incentive.
        (h) Reporting Requirements.--
                (1) Secretary of the army report.--The Secretary of the Army
            shall submit to Congress an annual report on the recruitment
            incentives provided under subsection (a) during the preceding
            year, including--
                        (A) a description of the incentives provided under
                    subsection (a) during that fiscal year; and
                        (B) an assessment of the impact of the incentives on
                    the recruitment of individuals as officers or enlisted
                    members.
                (2) Comptroller general report.--As soon as practicable
            after receipt of each plan under subsection (d), the Comptroller
            General shall submit to Congress a report evaluating the
            expected outcomes of the recruitment incentive covered by the
            plan in terms of cost effectiveness and mission achievement.

        (i) Termination of Authority to Provide Incentives.--Notwithstanding
    subsection (g), the authority to provide recruitment incentives under
    this section expires on December 31, 2009.

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

        Subparagraph (B) of section 701(f)(1) of title 10, United States
    Code, is amended to read as follows:
        ``(B) This subsection applies to a member who--

    [[Page 119 STAT. 3322]]

                ``(i) serves on active duty for a continuous period of at
            least 120 days in an area in which the member is entitled to
            special pay under section 310(a) of title 37;
                ``(ii) is assigned to a deployable ship or mobile unit or to
            other duty designated for the purpose of this section; or
                ``(iii) on or after August 29, 2005, performs duty
            designated by the Secretary of Defense as qualifying duty for
            purposes of this subsection.''.

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

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

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

        ``(a) In General.--If the Secretary considers it to be in the best
    interest of the United States, the Secretary may have remitted or
    cancelled any part of the indebtedness of a member of the Army on active
    duty, or a member of a reserve component of the Army in an active
    status, to the United States or any instrumentality of the United States
    incurred while the member was serving on active duty.
        ``(b) Period of Exercise of Authority.--The Secretary may exercise
    the authority in subsection (a) with respect to a member--
                ``(1) while the member is on active duty or in active
            status, as the case may be;
                ``(2) if discharged from the armed forces under honorable
            conditions, during the one-year period beginning on the date of
            such discharge; or
                ``(3) if released from active status in a reserve component,
            during the one-year period beginning on the date of such
            release.

        ``(c) Retroactive Applicability to Certain Debts.--The authority in
    subsection (a) may be exercised with respect to any debt covered by that
    subsection that is incurred on or after October 7, 2001.
        ``(d) Regulations.--This section shall be administered under
    regulations prescribed by the Secretary of Defense.''.
                (2) Clerical amendment.--The item relating to that section
            in the table of sections at the beginning of chapter 453 of such
            title is amended by striking the penultimate word.
                (3) Termination.--The <<NOTE: 10 USC 4837 note.>> amendments
            made by this subsection shall terminate on December 31, 2007.
            Effective on that date, section 4873 of title 10, United States
            Code, as in effect on the day before the date of the enactment
            of this Act shall be revived.

        (b) Indebtedness of Members of the Navy.--
                (1) Authority.--Section 6161 of title 10, United States
            Code, is amended to read as follows:

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

        ``(a) In General.--If the Secretary of the Navy considers it to be
    in the best interest of the United States, the Secretary

    [[Page 119 STAT. 3323]]

    may have remitted or cancelled any part of the indebtedness of a member
    of the Navy on active duty, or a member of a reserve component of the
    Navy in an active status, to the United States or any instrumentality of
    the United States incurred while the member was serving on active duty.
        ``(b) Period of Exercise of Authority.--The Secretary of the Navy
    may exercise the authority in subsection (a) with respect to a member--
                ``(1) while the member is on active duty or in active
            status, as the case may be;
                ``(2) if discharged from the armed forces under honorable
            conditions, during the one-year period beginning on the date of
            such discharge; or
                ``(3) if released from active status in a reserve component,
            during the one-year period beginning on the date of such
            release.

        ``(c) Retroactive Applicability to Certain Debts.--The authority in
    subsection (a) may be exercised with respect to any debt covered by that
    subsection that is incurred on or after October 7, 2001.
        ``(d) Regulations.--This section shall be administered under
    regulations prescribed by the Secretary of Defense.''.
                (2) Clerical amendment.--The item relating to that section
            in the table of sections at the beginning of chapter 561 of such
            title is amended by striking the penultimate word.
                (3) Termination.--The <<NOTE: 10 USC 6161 note.>> amendments
            made by this subsection shall terminate on December 31, 2007.
            Effective on that date, section 6161 of title 10, United States
            Code, as in effect on the day before the date of the enactment
            of this Act shall be revived.

        (c) Indebtedness of Members of the Air Force.--
                (1) Authority.--Section 9837 of title 10, United States
            Code, is amended to read as follows:

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

        ``(a) In General.--If the Secretary considers it to be in the best
    interest of the United States, the Secretary may have remitted or
    cancelled any part of the indebtedness of a member of the Air Force on
    active duty, or a member of a reserve component of the Air Force in an
    active status, to the United States or any instrumentality of the United
    States incurred while the member was serving on active duty.
        ``(b) Period of Exercise of Authority.--The Secretary may exercise
    the authority in subsection (a) with respect to a member--
                ``(1) while the member is on active duty or in active
            status, as the case may be;
                ``(2) if discharged from the armed forces under honorable
            conditions, during the one-year period beginning on the date of
            such discharge; or
                ``(3) if released from active status in a reserve component,
            during the one-year period beginning on the date of such
            release.

        ``(c) Retroactive Applicability to Certain Debts.--The authority in
    subsection (a) may be exercised with respect to any debt covered by that
    subsection that is incurred on or after October 7, 2001.

    [[Page 119 STAT. 3324]]

        ``(d) Regulations.--This section shall be administered under
    regulations prescribed by the Secretary of Defense.''.
                (2) Clerical amendment.--The item relating to that section
            in the table of sections at the beginning of chapter 953 of such
            title is amended by striking the penultimate word.
                (3) Termination.--The <<NOTE: 10 USC 9837 note.>> amendments
            made by this subsection shall terminate on December 31, 2007.
            Effective on that date, section 9873 of title 10, United States
            Code, as in effect on the day before the date of the enactment
            of this Act shall be revived.

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

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

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

        ``(a) Authority to Repay Education Loans.--For purposes of
    maintaining adequate numbers of chaplains in the Selected Reserve, the
    Secretary concerned may repay a loan that was obtained by a person who--
                ``(1) satisfies the requirements for accessioning and
            commissioning of chaplains, as prescribed in regulations;
                ``(2) holds, or is fully qualified for, an appointment as a
            chaplain in a reserve component of an armed force; and
                ``(3) signs a written agreement with the Secretary concerned
            to serve not less than three years in the Selected Reserve.

        ``(b) Exception for Chaplain Candidate Program.--A person
    accessioned into the Chaplain Candidate Program is not eligible for the
    repayment of a loan under subsection (a).
        ``(c) Loan Repayment Process; Maximum Amount.--(1) Subject to
    paragraph (2), the repayment of a loan under subsection (a) may consist
    of the payment of the principal, interest, and related expenses of the
    loan.
        ``(2) The amount of any repayment of a loan made under subsection
    (a) on behalf of a person may not exceed $20,000 for each three year
    period of obligated service that the person agrees to serve in an
    agreement described in subsection (a)(3). Of such amount, not more than
    an amount equal to 50 percent of such amount may be paid before the
    completion by the person of the first year of obligated service pursuant
    to the agreement. The balance of such amount shall be payable at such
    time or times as are prescribed in regulations.
        ``(d) Effect of Failure to Complete Obligation.--If a person on
    whose behalf a loan is repaid under subsection (a) fails to commence or
    complete the period of obligated service specified in the agreement
    described in subsection (a)(3), the Secretary concerned may require the
    person to pay the United States an amount equal to the amount of the
    loan repayments made on behalf of the person in connection with the
    agreement.
        ``(e) Regulations.--The Secretary of Defense shall prescribe
    regulations to carry out this section.''.

    [[Page 119 STAT. 3325]]

        (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 1609 of such <<NOTE: 10 USC prec. 16301.>> title is amended by
    adding at the end the following new item:

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

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

        (a) Basic <<NOTE: 37 USC 205 note.>> Pay Rate.--
                (1) Equal treatment.--The rate of basic pay for an enlisted
            member in the grade E-9 while serving as Senior Enlisted Advisor
            for the Chairman of the Joint Chiefs of Staff shall be the same
            as the rate of basic pay for an enlisted member in that grade
            while serving as Sergeant Major of the Army, Master Chief Petty
            Officer of the Navy, Chief Master Sergeant of the Air Force,
            Sergeant Major of the Marine Corps, or Master Chief Petty
            Officer of the Coast Guard, regardless of cumulative years of
            service computed under section 205 of title 37, United States
            Code.
                (2) Effective date.--Paragraph (1) shall apply beginning on
            the date on which an enlisted member of the Armed Forces is
            first appointed to serve as Senior Enlisted Advisor for the
            Chairman of the Joint Chiefs of Staff.

        (b) Pay During Terminal Leave or While Hospitalized.--Section 210(c)
    of title 37, United States Code, is amended by adding at the end the
    following new paragraph:
                ``(6) The Senior Enlisted Advisor for the Chairman of the
            Joint Chiefs of Staff.''.

        (c) Personal Money Allowance.--Section 414(c) of such title is
    amended--
                (1) by striking ``or'' after ``Sergeant Major of the Marine
            Corps,''; and
                (2) by inserting before the period at the end the following:
            ``, or the Senior Enlisted Advisor for the Chairman of the Joint
            Chiefs of Staff''.

        (d) Retired Pay Base.--Section 1406(i)(3)(B) of title 10, United
    States Code, is amended by adding at the end the following new clause:
                              ``(vi) Senior Enlisted Advisor for the
                          Chairman of the Joint Chiefs of Staff.''.

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

        (a) Inclusion and Exclusion of Certain Pay Types.--Subsection (d) of
    section 907 of title 37, United States Code, is amended to read as
    follows:
        ``(d)(1) In determining the amount of the pay and allowances of a
    grade formerly held by an officer, the following special and incentive
    pays may be considered only so long as the officer continues to perform
    the duty that creates the entitlement to, or eligibility for, that pay
    and would otherwise be eligible to receive that pay in the former grade:
                ``(A) Incentive pay for hazardous duty under section 301 of
            this title.
                ``(B) Submarine duty incentive pay under section 301c of
            this title.

    [[Page 119 STAT. 3326]]

                ``(C) Special pay for diving duty under section 304 of this
            title.
                ``(D) Hardship duty pay under section 305 of this title.
                ``(E) Career sea pay under section 305a of this title.
                ``(F) Special pay for service as a member of a Weapons of
            Mass Destruction Civil Support Team under section 305b of this
            title.
                ``(G) Assignment incentive pay under section 307a of this
            title.
                ``(H) Special pay for duty subject to hostile fire or
            imminent danger under section 310 of this title.
                ``(I) Special pay or bonus for an extension of duty at a
            designated overseas location under section 314 of this title.
                ``(J) Foreign language proficiency pay under section 316 of
            this title.
                ``(K) Critical skill retention bonus under section 323 of
            this title.

        ``(2) The following special and incentive pays are dependent on a
    member being in an enlisted status and may not be considered in
    determining the amount of the pay and allowances of a grade formerly
    held by an officer:
                ``(A) Special duty assignment pay under section 307 of this
            title.
                ``(B) Reenlistment bonus under section 308 of this title.
                ``(C) Enlistment bonus under section 309 of this title.
                ``(D) Career enlisted flyer incentive pay under section 320
            of this title.''.

        (b) Stylistic Amendments.--Such section is further amended--
                (1) in subsections (a) and (b)--
                        (A) by striking ``he'' each place it appears and
                    inserting ``the officer''; and
                        (B) by striking ``his appointment'' each place it
                    appears and inserting ``the appointment''; and
                (2) in subsection (c)(2), by striking ``he'' and inserting
            ``the officer''.

        (c) Effective Date.--Subsection (d) of <<NOTE: 37 USC 907
    note.>> section 907 of title 37, United States Code, as amended by
    subsection (a), shall apply with respect to any acceptance by an
    enlisted member of the Armed Forces of an appointment as an officer made
    on or after the date of the enactment of this Act.

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

        (a) Repayment of Unearned Portion of Bonuses and Other Benefits.--
                (1) Uniform repayment provision.--Section 303a of title 37,
            United States Code, is amended by adding at the end the
            following new subsection:

        ``(e) Repayment of Unearned Portion of Bonuses and Other Benefits
    When Conditions of Payment not Met.--(1) A member of 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

    [[Page 119 STAT. 3327]]

    the member fails to satisfy the requirements, except in certain
    circumstances authorized by the Secretary concerned.
        ``(2) The Secretary concerned may establish, by regulations,
    procedures for determining the amount of the repayment required under
    this subsection and the circumstances under which an exception to the
    required repayment may be granted. The Secretary concerned may specify
    in the regulations the conditions under which an installment payment of
    a bonus or similar benefit to be paid to a member of the uniformed
    services will not be made if the member no longer satisfies the
    eligibility requirements for the bonus or similar
    benefit. <<NOTE: Regulations.>> 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 <<NOTE: 37 USC 303a
            note.>> the case of a provision of law amended by subsection
            (b), (c), or (d) of this section, paragraph (3) of subsection
            (a) of section 303a of title 37, United States Code, as added by
            this subsection, shall apply to any case commenced under title
            11, United States Code, after March 30, 2006.

        (b) Conforming Amendments to Title 37.--
                (1) Aviation career officer retention bonus.--Subsection (g)
            of section 301b of title 37, United States Code, is amended to
            read as follows:

        ``(g) Repayment.--An officer who does not complete the period of
    active duty specified in the agreement entered into under subsection (a)
    shall be subject to the repayment provisions of section 303a(e) of this
    title.''.
                (2) Medical officer multiyear retention bonus.--Subsection
            (c) of section 301d of such title is amended to read as follows:

    [[Page 119 STAT. 3328]]

        ``(c) Repayment.--An officer who does not complete the period of
    active duty specified in the agreement entered into under subsection (a)
    shall be subject to the repayment provisions of section 303a(e) of this
    title.''.
                (3) Dental officer multiyear retention bonus.--Subsection
            (d) of section 301e of such title is amended to read as follows:

        ``(d) Repayment.--An officer who does not complete the period of
    active duty specified in the agreement entered into under subsection (a)
    shall be subject to the repayment provisions of section 303a(e) of this
    title.''.
                (4) Medical officer special pay.--Section 302 of such title
            is amended--
                        (A) in subsection (c)(2), by striking the second
                    sentence and inserting the following new sentence: ``If
                    such entitlement is terminated, the officer concerned
                    shall be subject to the repayment provisions of section
                    303a(e) of this title.''; and
                        (B) by striking subsection (f) and inserting the
                    following new subsection:

        ``(f) Repayment.--An officer who does not complete the period for
    which the payment was made under subsection (a)(4) or subsection (b)(1)
    shall be subject to the repayment provisions of section 303a(e) of this
    title.''.
                (5) Optometrist retention special pay.--Paragraph (4) of
            section 302a(b) of such title is amended to read as follows:

        ``(4) The Secretary concerned may terminate at any time the
    eligibility of an officer to receive retention special pay under
    paragraph (1). An officer who does not complete the period for which the
    payment was made under paragraph (1) shall be subject to the repayment
    provisions of section 303a(e) of this title.''.
                (6) Dental officer special pay.--Section 302b of such title
            is amended--
                        (A) in subsection (b)(2), by striking the second
                    sentence and inserting the following new sentence: ``If
                    such entitlement is terminated, the officer concerned
                    shall be subject to the repayment provisions of section
                    303a(e) of this title.'';
                        (B) by striking subsection (e) and inserting the
                    following new subsection (e):

        ``(e) Repayment.--An officer who does not complete the period of
    active duty specified in the agreement referred to in subsection (b)
    shall be subject to the repayment provisions of section 303a(e) of this
    title.'';
                        (C) by striking subsection (f); and
                        (D) by redesignating subsections (g) and (h) as
                    subsections (f) and (g), respectively.
                (7) Accession bonus for registered nurses.--Subsection (d)
            of section 302d of such title is amended to read as follows:

        ``(d) Repayment.--An officer who does not become and remain licensed
    as a registered nurse during the period for which the payment is made,
    or who does not complete the period of active duty specified in the
    agreement entered into under subsection (a), shall be subject to the
    repayment provisions of section 303a(e) of this title.''.
                (8) Nurse anesthetist special pay.--Section 302e of such
            title is amended--

    [[Page 119 STAT. 3329]]

                        (A) in subsection (c), by striking the last sentence
                    and inserting the following new sentence: ``If such
                    entitlement is terminated, the officer concerned shall
                    be subject to the repayment provisions of section
                    303a(e) of this title.''; and
                        (B) by striking subsection (e) and inserting the
                    following new subsection:

        ``(e) Repayment.--An officer who does not complete the period of
    active duty specified in the agreement entered into under subsection (a)
    shall be subject to the repayment provisions of section 303a(e) of this
    title.''.
                (9) Reserve, recalled, or retained health care officers
            special pay.--Section 302f(c) of such title is amended by
            striking ``refund'' and inserting ``repay in the manner provided
            in section 303a(e) of this title''.
                (10) Selected reserve health care professionals in
            critically short wartime specialties special pay.--Section 302g
            of such title is amended--
                        (A) by striking subsections (d) and (e);
                        (B) by inserting after subsection (c) the following
                    new subsection (d):

        ``(d) Repayment.--An officer who does not complete the period of
    service in the Selected Reserve specified in the agreement entered into
    under subsection (a) shall be subject to the repayment provisions of
    section 303a(e) of this title.''; and
                        (C) by redesignating subsection (f), as amended by
                    section 622(e), as subsection (e).
                (11) Accession bonus for dental officers.--Subsection (d) of
            section 302h of such title is amended to read as follows:

        ``(d) Repayment.--A person who, after signing an agreement under
    subsection (a), is not commissioned as an officer of the armed forces,
    does not become licensed as a dentist, or does not complete the period
    of active duty specified in the agreement shall be subject to the
    repayment provisions of section 303a(e) of this title.''.
                (12) Accession bonus for pharmacy officers.--Subsection (e)
            of section 302j of such title is amended to read as follows:

        ``(e) Repayment.--A person who, after signing an agreement under
    subsection (a), is not commissioned as an officer of the armed forces,
    does not become and remain certified or licensed as a pharmacist, or
    does not complete the period of active duty specified in the agreement
    shall be subject to the repayment provisions of section 303a(e) of this
    title.''.
                (13) Assignment incentive pay.--Subsection (d) of section
            307a of such title, as added by section 628(c), is amended to
            read as follows:

        ``(d) Repayment.--A member who enters into an agreement under this
    section and receives incentive pay under the agreement in a lump sum or
    installments, but who fails to complete the period of service covered by
    the payment, whether voluntarily or because of misconduct, shall be
    subject to the repayment provisions of section 303a(e) of this title.''.
                (14) Reenlistment bonus for active members.--Subsection (d)
            of section 308 of such title is amended to read as follows:

    [[Page 119 STAT. 3330]]

        ``(d) A member who does not complete the term of enlistment for
    which a bonus was paid to the member under this section, or a member who
    is not technically qualified in the skill for which a bonus was paid to
    the member under this section, shall be subject to the repayment
    provisions of section 303a(e) of this title.''.
                (15) Reenlistment bonus for selected reserve.--Subsection
            (d) of section 308b of such title is amended to read as follows:

        ``(d) Repayment.--A member who does not complete the term of
    enlistment in the element of the Selected Reserve for which the bonus
    was paid to the member under this section shall be subject to the
    repayment provisions of section 303a(e) of this title.''.
                (16) Selected reserve affiliation or enlistment bonus.--
            Section 308c of such title, as amended by section 631, is
            further amended by striking subsection (g) and inserting the
            following new subsection:

        ``(g) Repayment.--A person who enters into an agreement under
    subsection (a) or (c) and receives all or part of the bonus under the
    agreement, but who does not commence to serve in the Selected Reserve or
    does not satisfactorily participate in the Selected Reserve for the
    total period of service specified in the agreement, shall be subject to
    the repayment provisions of section 303a(e) of this title.''.
                (17) Ready reserve enlistment bonus.--Section 308g of such
            title is amended--
                        (A) by striking subsection (d) and inserting the
                    following new subsection:

        ``(d) A person who does not serve satisfactorily in the element of
    the Ready Reserve in the combat or combat support skill for the period
    for which the bonus was paid under this section shall be subject to the
    repayment provisions of section 303a(e) of this title.'';
                        (B) by striking subsections (e) and (f); and
                        (C) by redesignating subsections (g) and (h), as
                    amended by section 621(c), as subsections (e) and (f),
                    respectively.
                (18) Ready reserve reenlistment, enlistment, and voluntary
            extension of enlistment bonus.--Section 308h of such title is
            amended--
                        (A) by striking subsection (c) and inserting the
                    following new subsection:

        ``(c) Repayment.--A person who does not complete the period of
    enlistment or extension of enlistment for which the bonus was paid under
    this section shall be subject to the repayment provisions of section
    303a(e) of this title.'';
                        (B) by striking subsections (d) and (e); and
                        (C) by redesignating subsections (f) and (g), as
                    amended by section 621(d), as subsections (d) and (e),
                    respectively.
                (19) Prior service enlistment bonus.--Subsection (d) of
            section 308i of such title is amended to read as follows:

        ``(d) Repayment.--A person who receives a bonus payment under this
    section and who, during the period for which the bonus was paid, does
    not serve satisfactorily in the element of the Selected Reserve with
    respect to which the bonus was paid shall be subject to the repayment
    provisions of section 303a(e) of this title.''.
                (20) Enlistment bonus.--Subsection (b) of section 309 of
            such title is amended to read as follows:

    [[Page 119 STAT. 3331]]

        ``(b) Repayment.--A member who does not complete the term of
    enlistment for which a bonus was paid to the member under this section,
    or a member who is not technically qualified in the skill for which a
    bonus was paid to the member under this section, shall be subject to the
    repayment provisions of section 303a(e) of this title.''.
                (21) Special pay for nuclear-qualified officers extending
            active duty.--Subsection (b) of section 312 of such title is
            amended to read as follows:

        ``(b) An officer who does not complete the period of active duty in
    connection with the supervision, operation, and maintenance of naval
    nuclear propulsion plants that the officer agreed to serve, and for
    which a payment was made under subsection (a) or subsection (d)(1),
    shall be subject to the repayment provisions of section 303a(e) of this
    title.''.
                (22) Nuclear career accession bonus.--Paragraph (2) of
            section 312b(a) of such title is amended to read as follows:

        ``(2) An officer who does not commence or complete satisfactorily
    the nuclear power training specified in the agreement under paragraph
    (1) shall be subject to the repayment provisions of section 303a(e) of
    this title.''.
                (23) Enlisted members extending duty at designated locations
            overseas.--Subsection (d) of section 314 of such title is
            amended to read as follows:

        ``(d) Repayment.--A member who, having entered into a written
    agreement to extend a tour of duty for a period under subsection (a),
    receives a bonus payment under subsection (b)(2) for a 12-month period
    covered by the agreement and ceases during that 12-month period to
    perform the agreed tour of duty shall be subject to the repayment
    provisions of section 303a(e) of this title.''.
                (24) Engineering and scientific career continuation pay.--
            Subsection (c) of section 315 of such title is amended to read
            as follows:

        ``(c) An officer who, having entered into a written agreement under
    subsection (b) and having received all or part of a bonus under this
    section, does not complete the period of active duty as specified in the
    agreement shall be subject to the repayment provisions of section
    303a(e) of this title.''.
                (25) Foreign language proficiency pay.--Subsection (e) of
            section 316 of such title, as added by section 639(c), is
            amended to read as follows:

        ``(e) Repayment.--A member who receives a bonus under this section,
    but who does not satisfy an eligibility requirement specified in
    paragraph (1), (2), (3), or (4) of subsection (a) for the entire
    certification period, shall be subject to the repayment provisions of
    section 303a(e) of this title.''.
                (26) Critical acquisition positions.--Subsection (f) of
            section 317 of such title is amended to read as follows:

        ``(f) Repayment.--An officer who, having entered into a written
    agreement under subsection (a) and having received all or part of a
    bonus under this section, does not complete the period of active duty as
    specified in the agreement shall be subject to the repayment provisions
    of section 303a(e) of this title.''.
                (27) Special warfare officers extending period of active
            duty.--Subsection (h) of section 318 of such title is amended to
            read as follows:

    [[Page 119 STAT. 3332]]

        ``(h) Repayment.--An officer who, having entered into a written
    agreement under subsection (b) and having received all or part of a
    bonus under this section, does not complete the period of active duty in
    special warfare service as specified in the agreement shall be subject
    to the repayment provisions of section 303a(e) of this title.''.
                (28) Surface warfare officers extending period of active
            duty.--Subsection (f) of section 319 of such title is amended to
            read as follows:

        ``(f) Repayment.--An officer who, having entered into a written
    agreement under subsection (b) and having received all or part of a
    bonus under this section, does not complete the period of active duty as
    a department head on a surface vessel as specified in the agreement,
    shall be subject to the repayment provisions of section 303a(e) of this
    title.''.
                (29) Judge advocate continuation pay.--Subsection (f) of
            section 321 of such title is amended to read as follows:

        ``(f) Repayment.--An officer who has entered into a written
    agreement under subsection (b) and has received all or part of the
    amount payable under the agreement but who does not complete the total
    period of active duty specified in the agreement, shall be subject to
    the repayment provisions of section 303a(e) of this title.''.
                (30) 15-year career status bonus.--Subsection (f) of section
            322 of such title is amended to read as follows:

        ``(f) Repayment.--If a person paid a bonus under this section does
    not complete a period of active duty beginning on the date on which the
    election of the person under paragraph (1) of subsection (a) is received
    and ending on the date on which the person completes 20 years of active
    duty service as described in paragraph (2) of such subsection, the
    person shall be subject to the repayment provisions of section 303a(e)
    of this title.''.
                (31) Critical military skills retention bonus.--Subsection
            (g) of section 323 of such title, as amended by section 640(e),
            is amended to read as follows:

        ``(g) Repayment.--A member paid a bonus under this section who
    fails, during the period of service covered by the member's agreement,
    reenlistment, or voluntary extension of enlistment under subsection (a),
    to remain qualified in the critical military skill or to satisfy the
    other eligibility criteria for which the bonus was paid shall be subject
    to the repayment provisions of section 303a(e) of this title.''.
                (32) Accession bonus for new officers in critical skills.--
            Subsection (f) of section 324 of such title is amended to read
            as follows:

        ``(f) Repayment.--An individual who, having received all or part of
    the bonus under an agreement referred to in subsection (a), is not
    thereafter commissioned as an officer or does not commence or complete
    the total period of active duty service specified in the agreement shall
    be subject to the repayment provisions of section 303a(e) of this
    title.''.
                (33) Savings plan for education expenses and other
            contingencies.--Subsection (g) of section 325 of such title is
            amended to read as follows:

        ``(g) Repayment.--If a person does not complete the qualifying
    service for which the person is obligated under a commitment for which a
    benefit has been paid under this section, the person

    [[Page 119 STAT. 3333]]

    shall be subject to the repayment provisions of section 303a(e) of this
    title.''.
                (34) Incentive bonus for conversion to military occupational
            specialty.--Subsection (e) of section 326 of such title is
            amended to read as follows:

        ``(e) Repayment.--A member who does not convert to and complete the
    period of service in the military occupational specialty specified in
    the agreement executed under subsection (a) shall be subject to the
    repayment provisions of section 303a(e) of this title.''.
                (35) Transfer between armed forces incentive bonus.--Section
            327 of such title, as added by section 641, is amended by
            striking subsection (f) and inserting the following new
            subsection:

        ``(f) Repayment.--A member who is paid a bonus under an agreement
    under this section and who, voluntarily or because of misconduct, fails
    to serve for the period covered by such agreement shall be subject to
    the repayment provisions of section 303a(e) of this title.''.
        (c) Conforming Amendments to Title 10.--
                (1) Enlistment incentives for pursuit of skills to
            facilitate national service.--Subsection (i) of section 510 of
            title 10, United States Code, is amended to read as follows:

        ``(i) Repayment.--If a National Call to Service participant who has
    entered into an agreement under subsection (b) and received or
    benefitted from an incentive under paragraph (1) or (2) of subsection
    (e) fails to complete the total period of service specified in the
    agreement, the National Call to Service participant shall be subject to
    the repayment provisions of section 303a(e) of title 37.''.
                (2) Advanced education assistance.--Section 2005 of such
            title is amended--
                        (A) in subsection (a), by striking paragraph (3) and
                    inserting the following new paragraph:
                ``(3) that if such person does not complete the period of
            active duty specified in the agreement, or does not fulfill any
            term or condition prescribed pursuant to paragraph (4), such
            person shall be subject to the repayment provisions of section
            303a(e) of title 37; and'';
                        (B) by striking subsections (c), (d), (f), (g) and
                    (h);
                        (C) by redesignating subsection (e) as subsection
                    (d); and
                        (D) by inserting after subsection (b), the following
                    new subsection:

        ``(c) <<NOTE: Contracts.>> As a condition of the Secretary concerned
    providing financial assistance under section 2107 or 2107a of this title
    to any person, the Secretary concerned shall require that the person
    enter into the agreement described in subsection (a). In addition to the
    requirements of paragraphs (1) through (4) of such subsection, the
    agreement shall specify that, if the person does not complete the
    education requirements specified in the agreement or does not fulfill
    any term or condition prescribed pursuant to paragraph (4) of such
    subsection, the person shall be subject to the repayment provisions of
    section 303a(e) of title 37 without the Secretary first ordering such
    person to active duty as provided for under subsection (a)(2) and
    sections 2107(f) and 2107a(f) of this title.''.

    [[Page 119 STAT. 3334]]

                (3) Tuition for off-duty training or education.--Section
            2007 of such title is amended by adding at the end the following
            new subsection:

        ``(f) If an officer who enters into an agreement under subsection
    (b) does not complete the period of active duty specified in the
    agreement, the officer shall be subject to the repayment provisions of
    section 303a(e) of title 37.''.
                (4) Failure to complete advanced training or to accept
            commission.--Section 2105 of such title is amended by adding at
            the end the following new sentence: ``If the member does not
            complete the period of active duty prescribed by the Secretary
            concerned, the member shall be subject to the repayment
            provisions of section 303a(e) of title 37''.
                (5) Health professions scholarship and financial assistance
            program for active service.--Section 2123(e)(1)(C) of such title
            is amended by striking ``equal to'' and all that follows through
            the period at the end and inserting ``pursuant to the repayment
            provisions of section 303a(e) of title 37.''.
                (6) Financial assistance for nurse officer candidates.--
            Subsection (d) of section 2130a of such title is amended to read
            as follows:

        ``(d) Repayment.--A person who does not complete a nursing degree
    program in which the person is enrolled in accordance with the agreement
    entered into under subsection (a), or having completed the nursing
    degree program, does not become an officer in the Nurse Corps of the
    Army or the Navy or an officer designated as a nurse officer of the Air
    Force or commissioned corps of the Public Health Service or does not
    complete the period of obligated active service required under the
    agreement, shall be subject to the repayment provisions of section
    303a(e) of title 37.''.
                (7) Education loan repayment program.--Subsection (g) of
            section 2173 of such title is amended--
                        (A) by inserting ``(1)'' before ``A commissioned
                    officer''; and
                        (B) by adding at the end the following new
                    paragraph:

        ``(2) An officer who does not complete the period of active duty
    specified in the agreement entered into under subsection (b)(3), or the
    alternative obligation imposed under paragraph (1), shall be subject to
    the repayment provisions of section 303a(e) of title 37.''.
                (8) Scholarship program for degree program for degree or
            certification in information assurance.--Section 2200a of such
            title is amended--
                        (A) by striking subsection (e) and inserting the
                    following new subsection:

        ``(e) Repayment for Period of Unserved Obligated Service.--(1) A
    member of an armed force who does not complete the period of active duty
    specified in the service agreement under section (b) shall be subject to
    the repayment provisions of section 303a(e) of title 37.
        ``(2) A civilian employee of the Department of Defense who
    voluntarily terminates service before the end of the period of obligated
    service required under an agreement entered into under subsection (b)
    shall be subject to the repayment provisions of section 303a(e) of title
    37 in the same manner and to the same extent as if the civilian employee
    were a member of the armed forces.''.

    [[Page 119 STAT. 3335]]

                        (B) by striking subsection (f); and
                        (C) by redesignating subsection (g) as subsection
                    (f).
                (9) Army cadet agreement to serve as officer.--Section 4348
            of such title is amended by adding at the end the following new
            subsection:

        ``(f) A cadet or former cadet who does not fulfill the terms of the
    agreement as specified under section (a), or the alternative obligation
    imposed under subsection (b), shall be subject to the repayment
    provisions of section 303a(e) of title 37.''.
                (10) Midshipmen agreement for length of service.--Section
            6959 of such title is amended by adding at the end the following
            new subsection:

        ``(f) A midshipman or former midshipman who does not fulfill the
    terms of the agreement as specified under section (a), or the
    alternative obligation imposed under subsection (b), shall be subject to
    the repayment provisions of section 303a(e) of title 37.''.
                (11) Air force cadet agreement to serve as officer.--Section
            9348 of such title is amended by adding at the end the following
            new subsection:

        ``(f) A cadet or former cadet who does not fulfill the terms of the
    agreement as specified under section (a), or the alternative obligation
    imposed under subsection (b), shall be subject to the repayment
    provisions of section 303a(e) of title 37.''.
                (12) Educational assistance for members of selected
            reserve.--Section 16135 of such title is amended to read as
            follows:

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

        ``(a) Penalties.--At the option of the Secretary concerned, a member
    of the Selected Reserve of an armed force who does not participate
    satisfactorily in required training as a member of the Selected Reserve
    during a term of enlistment or other period of obligated service that
    created entitlement of the member to educational assistance under this
    chapter, and during which the member has received such assistance, may--
                ``(1) be ordered to active duty for a period of two years or
            the period of obligated service the person has remaining under
            section 16132 of this title, whichever is less; or
                ``(2) be subject to the repayment provisions under section
            303a(e) of title 37.

        ``(b) Effect of Repayment.--Any repayment under section 303a(e) of
    title 37 shall not affect the period of obligation of a member to serve
    as a Reserve in the Selected Reserve.''.
                (13) Health professions stipend program penalties and
            limitations.--Subparagraph (B) of section 16203(a)(1) of such
            title is amended to read as follows:
                ``(B) to comply with the repayment provisions of section
            303a(e) of title 37.''.
                (14) Loan repayment program for chaplains serving in
            selected reserve.--Section 16303 of such title, as added by
            section 684, is amended by striking subsection (d) and inserting
            the following new subsection:

        ``(d) Effect of Failure to Complete Obligation.--A person on whose
    behalf a loan is repaid under subsection (a) who fails to commence or
    complete the period of obligated service specified in the agreement
    described in subsection (a)(3) shall be subject to the repayment
    provisions of section 303a(e) of title 37.''.

    [[Page 119 STAT. 3336]]

                (15) College tuition assistance program for marine corps
            platoon leaders class.--Subsection (f) of section 16401 of such
            title is amended--
                        (A) in paragraph (1), by striking ``may be required
                    to repay the full amount of financial assistance'' and
                    inserting ``shall be subject to the repayment provisions
                    of section 303a(e) of title 37''; and
                        (B) in paragraph (2), by inserting before ``The
                    Secretary of the Navy'' the following new sentence:
                    ``Any requirement to repay any portion of financial
                    assistance received under this section shall be
                    administered under the regulations issued under section
                    303a(e) of title 37.''.

        (d) Conforming Amendment to Title 14.--Section 182 of title 14,
    United States Code, is amended by adding at the end the following new
    subsection:
        ``(g) A cadet or former cadet who does not fulfill the terms of the
    obligation to serve as specified under section (b), or the alternative
    obligation imposed under subsection (c), shall be subject to the
    repayment provisions of section 303a(e) of title 37.''.
        (e) Clerical Amendments.--
                (1) Section heading.--The heading of section 303a of title
            37, United States Code, is amended to read as follows:

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

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

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

        (f) <<NOTE: 10 USC 510 note.>> Continued Application of Current Law
    to Existing Bonuses.--In the case of any bonus, incentive pay, special
    pay, or similar payment, such as education assistance or a stipend,
    which the United States became obligated to pay before April 1, 2006,
    under a provision of law amended by subsection (b), (c), or (d) of this
    section, such provision of law, as in effect on the day before the date
    of the enactment of this Act, shall continue to apply to the payment, or
    any repayment, of the bonus, incentive pay, special pay, or similar
    payment under such provision of law.

    SEC. 688. RIGHTS OF MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS
                UNDER HOUSING AND URBAN DEVELOPMENT ACT OF 1968.

        (a) Written Notice of Rights.--Section 106(c)(5)(A)(ii) of the
    Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(c)(5)(A)(ii))
    is amended--
                (1) in subclause (II), by striking ``and'' at the end;
                (2) in subclause (III), by striking the period and inserting
            ``; and''; and
                (3) by adding at the end the following new subclause:
                                        ``(IV) notify the homeowner by a
                                    statement or notice, written in plain
                                    English by the Secretary of Housing and
                                    Urban Development, in consultation with
                                    the Secretary of Defense and the
                                    Secretary of the Treasury, explaining
                                    the mortgage and foreclosure rights of
                                    servicemembers, and the dependents of
                                    such servicemembers, under the
                                    Servicemembers Civil Relief Act (50
                                    U.S.C. App.

    [[Page 119 STAT. 3337]]

                                    501 et seq.), including the toll-free
                                    military one source number to call if
                                    servicemembers, or the dependents of
                                    such servicemembers, require further
                                    assistance.''.

        (b) <<NOTE: 12 USC 1701x note.>> No Effect on Other Laws.--Nothing
    in this section shall relieve any person of any obligation imposed by
    any other Federal, State, or local law.

        (c) <<NOTE: Deadline. 12 USC 1701x note.>> Disclosure Form.--Not
    later than 150 days after the date of the enactment of this Act, the
    Secretary of Housing and Urban Development shall issue a final
    disclosure form to fulfill the requirement of subclause (IV) of section
    106(c)(5)(A)(ii) of the Housing and Urban Development Act of 1968, as
    added by subsection (a).

        (d) <<NOTE: 12 USC 1701x note.>> Effective Date.--The amendments
    made under subsection (a) shall take effect 150 days after the date of
    the enactment of this Act.

    SEC. 689. EXTENSION OF ELIGIBILITY FOR SSI FOR CERTAIN INDIVIDUALS IN
                FAMILIES THAT INCLUDE MEMBERS OF THE RESERVE AND NATIONAL
                GUARD.

        Section 1631(j)(1)(B) of the Social Security Act (42 U.S.C.
    1383(j)(1)(B)) is amended by inserting ``(or 24 consecutive months, in
    the case of such an individual whose ineligibility for benefits under or
    pursuant to both such sections is a result of being called to active
    duty pursuant to section 12301(d) or 12302 of title 10, United States
    Code, or section 502(f) of title 32, United States Code)'' after ``for a
    period of 12 consecutive months''.

    SEC. 690. <<NOTE: 50 USC app. 515a.>> INFORMATION FOR MEMBERS OF THE
                ARMED FORCES AND THEIR DEPENDENTS ON RIGHTS AND PROTECTIONS
                OF THE SERVICEMEMBERS CIVIL RELIEF ACT.

        (a) Outreach to Members.--The Secretary concerned shall provide to
    each member of the Armed Forces under the jurisdiction of the Secretary
    pertinent information on the rights and protections available to members
    and their dependents under the Servicemembers Civil Relief Act (50
    U.S.C. App. 501 et seq.).
        (b) Time of Provision.--The information required to be provided
    under subsection (a) to a member shall be provided at the following
    times:
                (1) During the initial orientation training of the member.
                (2) In the case of a member of a reserve component, during
            the initial orientation training of the member and when the
            member is mobilized or otherwise individually called or ordered
            to active duty for a period of more than one year.
                (3) At such other times as the Secretary concerned considers
            appropriate.

        (c) Outreach to Dependents.--The Secretary concerned may provide to
    the adult dependents of members under the jurisdiction of the Secretary
    pertinent information on the rights and protections available to members
    and their dependents under the Servicemembers Civil Relief Act.
        (d) Definitions.--In this section, the terms ``dependent'' and
    ``Secretary concerned'' have the meanings given such terms in section
    101 of the Servicemembers Civil Relief Act (50 U.S.C. App. 511).

    [[Page 119 STAT. 3338]]

                        TITLE VII--HEALTH CARE PROVISIONS

            Subtitle A--Improvements to Health Benefits for Reserves

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

                    Subtitle B--TRICARE Program Improvements

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

                  Subtitle C--Mental Health-Related Provisions

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

                         Subtitle D--Studies and Reports

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

                            Subtitle E--Other Matters

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

    [[Page 119 STAT. 3339]]

            Subtitle A--Improvements to Health Benefits for Reserves

    SEC. 701. ENHANCEMENT OF TRICARE RESERVE SELECT PROGRAM.

        (a) Extension of Coverage for Members Recalled to Active Duty.--
    Section 1076d of title 10, United States Code, is amended--
                (1) in subsection (b), by redesignating paragraph (3) as
            paragraph (4) and by inserting after paragraph (2) the following
            new paragraph (3):

        ``(3) In the case of a member recalled to active duty before the
    period of coverage for which the member is eligible under subsection (a)
    terminates, the period of coverage of the member--
                ``(A) resumes after the member completes the subsequent
            active duty service (subject to any additional entitlement to
            care and benefits under section 1145(a) of this title that is
            based on the same subsequent active duty service); and
                ``(B) increases by any additional period of coverage for
            which the member is eligible under subsection (a) based on the
            subsequent active duty service.'';
                (2) in subsection (b)(2), by striking ``Unless earlier
            terminated under paragraph (3)'' and inserting ``Subject to
            paragraph (3) and unless earlier terminated under paragraph
            (4)''; and
                (3) in subsection (f), by adding at the end the following
            new paragraph:
                ``(3) The term `member recalled to active duty' means, with
            respect to a member who is eligible for coverage under this
            section based on a period of active duty service, a member who
            is called or ordered to active duty for an additional period of
            active duty subsequent to the period of active duty on which
            that eligibility is based.''.

        (b) Special Rule for Mobilized Members of Individual Ready Reserve
    Finding No Position in Selected Reserve.--Section 1076d of such title is
    amended by adding at the end of subsection (b) (as amended by this
    section) the following new paragraph:
        ``(5) In the case of a member of the Individual Ready Reserve who is
    unable to find a position in the Selected Reserve and who meets the
    requirements for eligibility for health benefits under TRICARE Standard
    under subsection (a) except for membership in the Selected Reserve, the
    period of coverage under this section may begin not later than one year
    after coverage would otherwise begin under this section had the member
    been a member of the Selected Reserve, if the member finds a position in
    the Selected Reserve during that one-year period.''.
        (c) Eligibility of Family Members for 6 Months Following Death of
    Member.--Section 1076d(c) of such title is amended by adding at the end
    the following: ``If a member of a reserve component dies while in a
    period of coverage under this section, the eligibility of the members of
    the immediate family of such member for TRICARE Standard coverage shall
    continue for six months beyond the date of death of the member.''.
        (d) Extension of Time for Entering Into Agreement.--Section
    1076d(a)(2) of such title is amended by striking ``on or before the date
    of the release'' and inserting ``not later than 90 days after release''.

    [[Page 119 STAT. 3340]]

        (e) Revision of TRICARE Standard Definition.--Subsection (f)(2) of
    section 1076d of such title is amended to read as follows:
                ``(2) The term `TRICARE Standard' means--
                        ``(A) medical care to which a dependent described in
                    section 1076(a)(2) of this title is entitled; and
                        ``(B) health benefits contracted for under the
                    authority of section 1079(a) of this title and subject
                    to the same rates and conditions as apply to persons
                    covered under that section.''.

        (f) Revision of Section Heading.--
                (1) Amendment.--The heading for section 1076d of such title
            is amended to read as follows:

    ``Sec. 1076d. TRICARE program: coverage for members of reserve
                            components who commit to continued service in
                            the Selected Reserve after release from active
                            duty in support of a contingency operation''.

                (2) Clerical amendment.--The item relating to section 1076d
            in the table of sections relating to chapter 55 of such title is
            amended to read as follows:

    ``1076d. TRICARE program: coverage for members of reserve components who
               commit to continued service in the Selected Reserve after
               release from active duty in support of a contingency
               operation.''.

    SEC. 702. EXPANDED ELIGIBILITY OF MEMBERS OF THE SELECTED RESERVE UNDER
                THE TRICARE PROGRAM.

        (a) Expanded Eligibility.--
                (1) In general.--Section 1076b of title 10, United States
            Code, is amended to read as follows:

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

        ``(a) Eligibility.--Each member of the Selected Reserve of the Ready
    Reserve who is committed to serving in the Selected Reserve as described
    in subsection (c)(3) is eligible, subject to subsection (h), to enroll
    in TRICARE Standard and receive benefits under such enrollment for any
    period that the member--
                ``(1) is an eligible unemployment compensation recipient;
                ``(2) subject to subsection (i), is not eligible for health
            care benefits under an employer-sponsored health benefits plan;
            or
                ``(3) is not eligible under paragraph (1) or (2) and is not
            eligible under section 1076d of this title.

        ``(b) Types of Coverage.--(1) A member eligible under subsection (a)
    may enroll for either of the following types of coverage:
                ``(A) Self alone coverage.
                ``(B) Self and family coverage.

        ``(2) An enrollment by a member for self and family covers the
    member and the dependents of the member who are described in
    subparagraph (A), (D), or (I) of section 1072(2) of this title.
        ``(c) Enrollment.--(1) The Secretary of Defense shall provide for at
    least one open enrollment period each year. During an open enrollment
    period or at such other time as the Secretary considers appropriate, a
    member eligible under subsection (a) may enroll in TRICARE Standard or
    change or terminate an enrollment in TRICARE Standard.
        ``(2) An enrollment in TRICARE Standard of a member eligible under
    subsection (a) shall be effective for one year only, and may

    [[Page 119 STAT. 3341]]

    be renewed by the member during the open enrollment period provided
    under paragraph (1) or at such other time as the Secretary considers
    appropriate.
        ``(3) A member eligible under subsection (a) may not enroll or renew
    an enrollment in TRICARE Standard under this section unless the member
    is committed to a period of obligated service in the Selected Reserve
    that extends through the enrollment period.
        ``(d) Scope of Care.--(1) A member and the dependents of a member
    enrolled in TRICARE Standard under this section shall be entitled to the
    same benefits under this chapter as a member of the uniformed services
    on active duty or a dependent of such a member, respectively, is
    entitled to under TRICARE Standard.
        ``(2) <<NOTE: Applicability.>> Section 1074(c) of this title shall
    apply with respect to a member enrolled in TRICARE Standard under this
    section.

        ``(e) Premiums.--(1) The Secretary of Defense shall charge premiums
    for coverage pursuant to enrollments under this section. The Secretary
    shall prescribe for each of the TRICARE Standard program options a
    premium for self alone coverage and a premium for self and family
    coverage.
        ``(2) The monthly amount of the premium in effect for a month for a
    type of coverage under this section shall be as follows:
                ``(A) For members eligible under paragraph (1) or (2) of
            subsection (a), the amount equal to 50 percent of the total
            amount determined by the Secretary on an appropriate actuarial
            basis as being reasonable for the coverage.
                ``(B) For members eligible under paragraph (3) of subsection
            (a), the amount equal to 85 percent of the total amount
            determined by the Secretary on an appropriate actuarial basis as
            being reasonable for the coverage.

        ``(3) In determining the amount of a premium under paragraph (2),
    the Secretary shall use the same actuarial basis as used under section
    1076d of this title for determining the amount of premiums under that
    section.
        ``(4) The premiums payable by a member under this subsection may be
    deducted and withheld from basic pay payable to the member under section
    204 of title 37 or from compensation payable to the member under section
    206 of such title. <<NOTE: Procedures.>> The Secretary shall prescribe
    the requirements and procedures applicable to the payment of premiums by
    members.

        ``(5) Amounts collected as premiums under this subsection shall be
    credited to the appropriation available for the Defense Health Program
    Account under section 1100 of this title, shall be merged with sums in
    such Account that are available for the fiscal year in which collected,
    and shall be available under subsection (b) of such section for such
    fiscal year.
        ``(f) Other Charges.--A person who receives health care pursuant to
    an enrollment in TRICARE Standard under this section, including a member
    who receives such health care, shall be subject to the same deductibles,
    copayments, and other nonpremium charges for health care as apply under
    this chapter for health care provided under TRICARE Standard to
    dependents described in subparagraph (A), (D), or (I) of section 1072(2)
    of this title.
        ``(g) Termination of Enrollment.--(1) A member enrolled in TRICARE
    Standard under this section may terminate the enrollment only during an
    open enrollment period provided under subsection (c).

    [[Page 119 STAT. 3342]]

        ``(2) An enrollment of a member for self alone or for self and
    family under this section shall terminate on the first day of the first
    month beginning after the date on which the member ceases to be eligible
    under subsection (a).
        ``(3) The enrollment of a member under this section may be
    terminated on the basis of failure to pay the premium charged the member
    under this section.
        ``(h) Relationship to Transition TRICARE Coverage Upon Separation
    From Active Duty.--A member is not eligible for TRICARE Standard under
    this section while entitled to transitional health care under subsection
    (a) of section 1145 of this title or while authorized to receive health
    care under subsection (c) of such section.
        ``(i) Noncoverage by Other Health Benefits Plan.--(1) For purposes
    of subsection (a)(2), a person shall be considered to be not eligible
    for health care benefits under an employer-sponsored health benefits
    plan only if the person--
                ``(A) is employed by an employer that does not offer a
            health benefits plan to anyone working for the employer;
                ``(B) is in a category of employees to which the person's
            employer does not offer a health benefits plan, if such category
            is designated by the employer based on hours, duties, employment
            agreement, or such other characteristic, other than membership
            in the Selected Reserve, as the regulations administering this
            section prescribe (such as part-time employees); or
                ``(C) is self-employed.

        ``(2) The Secretary of Defense may require a member to submit any
    certification that the Secretary considers appropriate to substantiate
    the member's assertion that the member is not eligible for health care
    benefits under an employer-sponsored health benefits plan.
        ``(j) Eligible Unemployment Compensation Recipient Defined.--In this
    section, the term `eligible unemployment compensation recipient' means,
    with respect to any month, any individual who is determined eligible for
    any day of such month for unemployment compensation under State law (as
    defined in section 205(9) of the Federal-State Extended Unemployment
    Compensation Act of 1970), including Federal unemployment compensation
    laws administered through the State.
        ``(k) TRICARE Standard Defined.--In this section, the term `TRICARE
    Standard' has the meaning provided by section 1076d(f) of this title.
        ``(l) Regulations.--The Secretary of Defense, in consultation with
    the other administering Secretaries, shall prescribe regulations for the
    administration of this section.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 55 of title 10, United States Code, is
            amended by striking the item relating to section 1076b and
            inserting the following:

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

        (b) <<NOTE: 10 USC 1076b note.>> Effective Date.--The Secretary of
    Defense shall ensure that health care under TRICARE Standard is provided
    under section 1076b of title 10, United States Code, as amended by this
    section, beginning not later than October 1, 2006.

    [[Page 119 STAT. 3343]]

                    Subtitle B--TRICARE Program Improvements

    SEC. 711. ADDITIONAL INFORMATION REQUIRED BY SURVEYS ON TRICARE
                STANDARD.

        Section 723(a) of the National Defense Authorization Act for Fiscal
    Year 2004 (Public Law 108-136; 117 Stat. 1532; 10 U.S.C. 1073 note) is
    amended by adding at the end the following new paragraph:
        ``(4) Surveys required by paragraph (1) shall include questions
    seeking to determine from health care providers the following:
                ``(A) Whether the provider is aware of the TRICARE program.
                ``(B) What percentage of the provider's current patient
            population uses any form of TRICARE.
                ``(C) Whether the provider accepts patients for whom payment
            is made under the medicare program for health care services.
                ``(D) If the provider accepts patients referred to in
            subparagraph (C), whether the provider would accept additional
            such patients who are not in the provider's current patient
            population.''.

    SEC. 712. <<NOTE: 10 USC 1092 note.>> AVAILABILITY OF CHIROPRACTIC
                HEALTH CARE SERVICES.

        (a) Availability of Chiropractic Health Care Services.--The
    Secretary of the Air Force shall ensure that chiropractic health care
    services are available at all medical treatment facilities listed in
    table 5 of the report to Congress dated August 16, 2001, titled
    ``Chiropractic Health Care Implementation Plan''. If the Secretary
    determines that it is not necessary or feasible to provide chiropractic
    health care services at any such facility, the Secretary shall provide
    such services at an alternative site for each such facility.

        (b) Implementation and Report.--Not later than September 30, 2006,
    the Secretary of the Air Force shall--
                (1) implement subsection (a); and
                (2) submit to the Committees on Armed Services of the Senate
            and the House of Representatives a report on the availability of
            chiropractic health care services as required under subsection
            (a), including information on alternative sites at which such
            services have been made available.

    SEC. 713. SURVIVING-DEPENDENT ELIGIBILITY UNDER TRICARE DENTAL PLAN FOR
                SURVIVING SPOUSES WHO WERE ON ACTIVE DUTY AT TIME OF DEATH
                OF MILITARY SPOUSE.

        Section 1076a(k) of title 10, United States Code, is amended to read
    as follows:
        ``(k) Eligible Dependent Defined.--(1) In this section, the term
    `eligible dependent' means a dependent described in subparagraph (A),
    (D), or (I) of section 1072(2) of this title.
        ``(2) Such term includes any such dependent of a member who dies
    while on active duty for a period of more than 30 days or a member of
    the Ready Reserve if, on the date of the death of the member, the
    dependent--
                ``(A) is enrolled in a dental benefits plan established
            under subsection (a); or
                ``(B) if not enrolled in such a plan on such date--

    [[Page 119 STAT. 3344]]

                        ``(i) is not enrolled by reason of a discontinuance
                    of a former enrollment under subsection (f); or
                        ``(ii) is not qualified for such enrollment
                    because--
                              ``(I) the dependent is a child under the
                          minimum age for such enrollment; or
                              ``(II) the dependent is a spouse who is a
                          member of the armed forces on active duty for a
                          period of more than 30 days.

        ``(3) Such term does not include a dependent by reason of paragraph
    (2) after the end of the three-year period beginning on the date of the
    member's death.''.

    SEC. 714. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME REMOTE.

        Section 1079(p) of title 10, United States Code, is amended--
                (1) by redesignating paragraph (4) as paragraph (5); and
                (2) by inserting after paragraph (3) the following new
            paragraph:

        ``(4) The Secretary of Defense may provide for coverage of a
    dependent referred to in subsection (a) who is not described in
    paragraph (3) if the Secretary determines that exceptional circumstances
    warrant such coverage.''.

    SEC. 715. INCREASED PERIOD OF CONTINUED TRICARE PRIME COVERAGE OF
                CHILDREN OF MEMBERS OF THE UNIFORMED SERVICES WHO DIE WHILE
                SERVING ON ACTIVE DUTY FOR A PERIOD OF MORE THAN 30 DAYS.

        (a) Period of Eligibility.--Section 1079(g) of title 10, United
    States Code, is amended--
                (1) by inserting ``(1)'' after ``(g)'';
                (2) by striking the second sentence; and
                (3) by adding at the end the following new paragraph:

        ``(2) In addition to any continuation of eligibility for benefits
    under paragraph (1), when a member dies while on active duty for a
    period of more than 30 days, the member's dependents who are receiving
    benefits under a plan covered by subsection (a) shall continue to be
    eligible for benefits under TRICARE Prime during the three-year period
    beginning on the date of the member's death, except that, in the case of
    such a dependent of the deceased who is described by subparagraph (D) or
    (I) of section 1072(2) of this title, the period of continued
    eligibility shall be the longer of the following periods beginning on
    such date:
                ``(A) Three years.
                ``(B) The period ending on the date on which such dependent
            attains 21 years of age.
                ``(C) In the case of such a dependent who, at 21 years of
            age, is enrolled in a full-time course of study in a secondary
            school or in a full-time course of study in an institution of
            higher education approved by the administering Secretary and
            was, at the time of the member's death, in fact dependent on the
            member for over one-half of such dependent's support, the period
            ending on the earlier of the following dates:
                        ``(i) The date on which such dependent ceases to
                    pursue such a course of study, as determined by the
                    administering Secretary.
                        ``(ii) The date on which such dependent attains 23
                    years of age.

        ``(3) For the purposes of paragraph (2)(C), a dependent shall be
    treated as being enrolled in a full-time course of study in an

    [[Page 119 STAT. 3345]]

    institution of higher education during any reasonable period of
    transition between the dependent's completion of a full-time course of
    study in a secondary school and the commencement of an enrollment in a
    full-time course of study in an institution of higher education, as
    determined by the administering Secretary.
        ``(4) The terms and conditions under which health benefits are
    provided under this chapter to a dependent of a deceased member under
    paragraph (2) shall be the same as those that would apply to the
    dependent under this chapter if the member were living and serving on
    active duty for a period of more than 30 days.
        ``(5) In this subsection, the term `TRICARE Prime' means the managed
    care option of the TRICARE program.''.
        (b) <<NOTE: 10 USC 1079 note.>> Effective Date.--The amendments made
    by subsection (a) shall take effect on October 7, 2001, and shall apply
    with respect to deaths occurring on or after that date.

    SEC. 716. <<NOTE: 10 USC 1073 note.>> TRICARE STANDARD IN TRICARE
                REGIONAL OFFICES.

        (a) Responsibilities of TRICARE Regional Office.--The
    responsibilities of each TRICARE Regional Office shall include the
    monitoring, oversight, and improvement of the TRICARE Standard option in
    the TRICARE region concerned, including--
                (1) identifying health care providers who will participate
            in the TRICARE program and provide the TRICARE Standard option
            under that program;
                (2) communicating with beneficiaries who receive the TRICARE
            Standard option;
                (3) outreach to community health care providers to encourage
            their participation in the TRICARE program; and
                (4) publication of information that identifies health care
            providers in the TRICARE region concerned who provide the
            TRICARE Standard option.

        (b) Annual Report.--The Secretary of Defense shall submit an annual
    report to the Committees on Armed Services of the Senate and the House
    of Representatives on the monitoring, oversight, and improvement of
    TRICARE Standard activities of each TRICARE Regional Office. The report
    shall include--
                (1) a description of the activities of the TRICARE Regional
            Office to monitor, oversee, and improve the TRICARE Standard
            option;
                (2) an assessment of the participation of eligible health
            care providers in TRICARE Standard in each TRICARE region; and
                (3) a description of any problems or challenges that have
            been identified by both providers and beneficiaries with respect
            to use of the TRICARE Standard option and the actions undertaken
            to address such problems or challenges.

        (c) Definition.--In this section, the term ``TRICARE Standard'' or
    ``TRICARE standard option'' means the Civilian Health and Medical
    Program of the Uniformed Services option under the TRICARE program.

    SEC. 717. <<NOTE: 10 USC 1073 note.>> QUALIFICATIONS FOR INDIVIDUALS
                SERVING AS TRICARE REGIONAL DIRECTORS.

        (a) <<NOTE: Effective date.>> Qualifications.--Effective as of the
    date of the enactment of this Act, no individual may be selected to
    serve in the position of Regional Director under the TRICARE program
    unless the indi- vidual--

    [[Page 119 STAT. 3346]]

                (1) is--
                        (A) an officer of the Armed Forces in a general or
                    flag officer grade;
                        (B) a civilian employee of the Department of Defense
                    in the Senior Executive Service; or
                        (C) a civilian employee of the Federal Government in
                    a department or agency other than the Department of
                    Defense, or a civilian working in the private sector,
                    who has experience in a position comparable to an
                    officer described in subparagraph (A) or a civilian
                    employee described in subparagraph (B); and
                (2) has at least 10 years of experience, or equivalent
            expertise or training, in the military health care system,
            managed care, and health care policy and administration.

        (b) Tricare Program Defined.--In this section, the term ``TRICARE
    program'' has the meaning given such term in section 1072(7) of title
    10, United States Code.

                  Subtitle C--Mental Health-Related Provisions

    SEC. 721. <<NOTE: 10 USC 1077 note.>> PROGRAM FOR MENTAL HEALTH
                AWARENESS FOR DEPENDENTS AND PILOT PROJECT ON POST TRAUMATIC
                STRESS DISORDER.

        (a) Program on Mental Health Awareness.--
                (1) <<NOTE: Deadline.>> Requirement.--Not later than one
            year after the date of the enactment of this Act, the Secretary
            of Defense shall develop a program to improve awareness of the
            availability of mental health services for, and warning signs
            about mental health problems in, dependents of members of the
            Armed Forces whose sponsor served or will serve in a combat
            theater during the previous or next 60 days.
                (2) Matters covered.--The program developed under paragraph
            (1) shall be designed to--
                        (A) increase awareness of mental health services
                    available to dependents of members of the Armed Forces
                    on active duty;
                        (B) increase awareness of mental health services
                    available to dependents of Reservists and National Guard
                    members whose sponsors have been activated; and
                        (C) increase awareness of mental health issues that
                    may arise in dependents referred to in subparagraphs (A)
                    and (B) whose sponsor is deployed to a combat theater.
                (3) Coordination.--The Secretary may permit the Department
            of Defense to coordinate the program developed under paragraph
            (1) with an accredited college, university, hospital-based, or
            community-based mental health center or engage mental health
            professionals to develop programs to help implement this
            section.
                (4) Availability in other languages.--The Secretary shall
            evaluate whether the effectiveness of the program developed
            under paragraph (1) would be improved by providing materials in
            languages other than English and take action accordingly
                (5) Report.--Not later than one year after implementation of
            the program developed under paragraph (1), the Secretary

    [[Page 119 STAT. 3347]]

            shall submit to Congress a report on the effectiveness of the
            program, including the extent to which the program is used by
            low-English-proficient individuals.

        (b) Pilot Project on Post Traumatic Stress Disorder.--
                (1) Requirement.--The Secretary of Defense shall carry out a
            pilot project to evaluate the efficacy of various approaches to
            improving the capability of the military and civilian health
            care systems to provide early diagnosis and treatment of post
            traumatic stress disorder (PTSD) and other mental health
            conditions.
                (2) Internet-based diagnosis and treatment.--The pilot
            project shall be designed to evaluate--
                        (A) Internet-based automated tools available to
                    military and civilian health care providers for the
                    early diagnosis and treatment of post traumatic stress
                    disorder, and for tracking patients who suffer from post
                    traumatic stress disorder; and
                        (B) Internet-based tools available to family members
                    of members of the Armed Forces in order to assist such
                    family members in the identification of the emergence of
                    post traumatic stress disorder.
                (3) Report.--Not later than June 1, 2006, the Secretary
            shall submit to the congressional defense committees a report on
            the pilot project. The report shall include a description of the
            pilot project, including the location of the pilot project and
            the scope and objectives of the pilot project.

    SEC. 722. <<NOTE: 10 USC 1074 note.>> PILOT PROJECTS ON EARLY DIAGNOSIS
                AND TREATMENT OF POST TRAUMATIC STRESS DISORDER AND OTHER
                MENTAL HEALTH CONDITIONS.

        (a) Pilot Projects Required.--The Secretary of Defense may carry out
    pilot projects to evaluate the efficacy of various approaches to
    improving the capability of the military and civilian health care
    systems to provide early diagnosis and treatment of post traumatic
    stress disorder (PTSD) and other mental health conditions.
        (b) Pilot Project Requirements.--
                (1) Mobilization-demobilization facility.--
                        (A) In general.--A pilot project under subsection
                    (a) may be carried out at a military medical facility at
                    a large military installation at which the mobilization
                    or demobilization of members of the Armed Forces occurs.
                        (B) Elements.--The pilot project under this
                    paragraph shall be designed to evaluate and produce
                    effective diagnostic and treatment approaches for use by
                    primary care providers in the military health care
                    system in order to improve the capability of such
                    providers to diagnose and treat post traumatic stress
                    disorder in a manner that avoids the referral of
                    patients to specialty care by a psychiatrist or other
                    mental health professional.
                (2) National guard or reserve facility.--
                        (A) In general.--A pilot project under subsection
                    (a) may be carried out at the location of a National
                    Guard or Reserve unit or units that are located more
                    than 40 miles from a military medical facility and whose
                    personnel are served primarily by civilian community
                    health resources.

    [[Page 119 STAT. 3348]]

                        (B) Elements.--The pilot project under this
                    paragraph shall be designed--
                              (i) to evaluate approaches for providing
                          evidence-based clinical information on post
                          traumatic stress disorder to civilian primary care
                          providers; and
                              (ii) to develop educational materials and
                          other tools for use by members of the National
                          Guard or Reserve who come into contact with other
                          members of the National Guard or Reserve who may
                          suffer from post traumatic stress disorder in
                          order to encourage and facilitate early reporting
                          and referral for treatment.

        (c) Report.--Not later than September 1, 2006, the Secretary shall
    submit to the congressional defense committees a report on the progress
    toward identifying pilot projects to be carried out under this section.
    To the extent possible the report shall include a description of each
    such pilot project, including the location of the pilot projects under
    paragraphs (1) and (2) of subsection (b), and the scope and objectives
    of each such pilot project.

    SEC. 723. DEPARTMENT OF DEFENSE TASK FORCE ON MENTAL HEALTH.

        (a) Requirement to Establish.--The Secretary of Defense shall
    establish within the Department of Defense a task force to examine
    matters relating to mental health and the Armed Forces.
        (b) Composition.--
                (1) Members.--The task force shall consist of not more than
            14 members appointed by the Secretary of Defense from among
            individuals described in paragraph (2) who have demonstrated
            expertise in the area of mental health.
                (2) Range of members.--The individuals appointed to the task
            force shall include--
                        (A) at least one member of each of the Army, Navy,
                    Air Force, and Marine Corps;
                        (B) a number of persons from outside the Department
                    of Defense equal to the total number of personnel from
                    within the Department of Defense (whether members of the
                    Armed Forces or civilian personnel) who are appointed to
                    the task force;
                        (C) persons who have experience in--
                              (i) national mental health policy;
                              (ii) military personnel policy;
                              (iii) research in the field of mental health;
                              (iv) clinical care in mental health; or
                              (v) military chaplain or pastoral care; and
                        (D) at least one family member of a member of the
                    Armed Forces who has experience working with military
                    families.
                (3) Individuals appointed within department of defense.--At
            least one of the individuals appointed to the task force from
            within the Department of Defense shall be the surgeon general of
            an Armed Force.
                (4) Individuals appointed outside department of defense.--
            (A) Individuals appointed to the task force from outside the
            Department of Defense may include officers or employees of other
            departments or agencies of the Federal Government, officers or
            employees of State and local governments, or individuals from
            the private sector.

    [[Page 119 STAT. 3349]]

                (B) The individuals appointed to the task force from outside
            the Department of Defense shall include--
                        (i) an officer or employee of the Department of
                    Veterans Affairs; and
                        (ii) an officer or employee of the Substance Abuse
                    and Mental Health Services Administration of the
                    Department of Health and Human Services.
                (5) Deadline for appointment.--All appointments of
            individuals to the task force shall be made not later than 90
            days after the date of the enactment of this Act.
                (6) <<NOTE: Designation.>> Co-chairs of task force.--There
            shall be two co-chairs of the task force. One of the co-chairs
            shall be designated by the Secretary of the Defense at the time
            of appointment from among the Department of Defense personnel
            appointed to the task force. The other co-chair shall be
            selected from among the members appointed from outside the
            Department of Defense by members so appointed.

        (c) Assessment and Recommendations on Mental Health Services.--
                (1) <<NOTE: Deadline. Reports.>> In general.--Not later than
            12 months after the date on which all members of the task force
            have been appointed, the task force shall submit to the
            Secretary a report containing an assessment of, and
            recommendations for improving, the efficacy of mental health
            services provided to members of the Armed Forces by the
            Department of Defense.
                (2) Utilization of other efforts.--In preparing the report,
            the task force shall take into consideration completed and
            ongoing efforts by the Department of Defense and the Department
            of Veterans Affairs to improve the efficacy of mental health
            care provided to members of the Armed Forces by the Departments.
                (3) Elements.--The assessment and recommendations (including
            recommendations for legislative or administrative action) shall
            include measures to improve the following:
                        (A) The awareness of the potential for mental health
                    conditions among members of the Armed Forces.
                        (B) The access to and efficacy of existing programs
                    in primary care and mental health care to prevent,
                    identify, and treat mental health conditions among
                    members of the Armed Forces, including programs for and
                    with respect to forward-deployed troops.
                        (C) Identification and means to evaluate the
                    effectiveness of pilot projects authorized by section
                    722 with the objective of improving early diagnosis and
                    treatment of post traumatic stress disorder and other
                    mental health conditions.
                        (D) The access to and programs for family members of
                    members of the Armed Forces, including family members
                    overseas.
                        (E) The reduction or elimination of barriers to
                    care, including the stigma associated with seeking help
                    for mental health related conditions, and the
                    enhancement of confidentiality for members of the Armed
                    Forces seeking care for such conditions.
                        (F) The awareness of mental health services
                    available to dependents of members of the Armed Forces
                    whose

    [[Page 119 STAT. 3350]]

                    sponsors have been activated or deployed to a combat
                    theater.
                        (G) The adequacy of outreach, education, and support
                    programs on mental health matters for families of
                    members of the Armed Forces.
                        (H) The early identification and treatment of mental
                    health and substance abuse problems through the use of
                    internal mass media communications (including radio and
                    television) and other education tools to change
                    attitudes within the Armed Forces regarding mental
                    health and substance abuse treatment.
                        (I) The efficacy of programs and mechanisms for
                    ensuring a seamless transition from care of members of
                    the Armed Forces on active duty for mental health
                    conditions through the Department of Defense to care for
                    such conditions through the Department of Veterans
                    Affairs after such members are discharged or released
                    from military, naval, or air service.
                        (J) The availability of long-term follow-up and
                    access to care for mental health conditions for members
                    of the Individual Ready Reserve and the Selective
                    Reserve and for discharged, separated, or retired
                    members of the Armed Forces.
                        (K) Collaboration among organizations in the
                    Department of Defense with responsibility for or
                    jurisdiction over the provision of mental health
                    services.
                        (L) Coordination between the Department of Defense
                    and civilian communities, including local support
                    organizations, with respect to mental health services.
                        (M) The scope and efficacy of curricula and training
                    on mental health matters for commanders in the Armed
                    Forces.
                        (N) The efficiency of pre- and post-deployment
                    mental health screening, including mental health
                    screenings for members of the Armed Forces who have
                    experienced multiple deployments.
                        (O) The effectiveness of mental health programs
                    provided in languages other than English.
                        (P) Such other matters as the task force considers
                    appropriate.

        (d) Administrative Matters.--
                (1) Compensation.--Each member of the task force who is a
            member of the Armed Forces or a civilian officer or employee of
            the United States shall serve without compensation (other than
            compensation to which entitled as a member of the Armed Forces
            or an officer or employee of the United States, as the case may
            be). Other members of the task force shall be treated for
            purposes of section 3161 of title 5, United States Code, as
            having been appointed under subsection (b) of such section.
                (2) Oversight.--The Under Secretary of Defense for Personnel
            and Readiness shall oversee the activities of the task force.
                (3) Administrative support.--The Washington Headquarters
            Services of the Department of Defense shall provide

    [[Page 119 STAT. 3351]]

            the task force with personnel, facilities, and other
            administrative support as necessary for the performance of the
            duties of the task force.
                (4) Access to facilities.--The Under Secretary of Defense
            for Personnel and Readiness shall, in coordination with the
            Secretaries of the military departments, ensure appropriate
            access by the task force to military installations and
            facilities for purposes of the discharge of the duties of the
            task force.

        (e) Report.--
                (1) In general.--The task force shall submit to the
            Secretary of Defense a report on its activities under this
            section. The report shall include--
                        (A) a description of the activities of the task
                    force;
                        (B) the assessment and recommendations required by
                    subsection (c); and
                        (C) such other matters relating to the activities of
                    the task force that the task force considers
                    appropriate.
                (2) Transmittal to congress.--Not later than 90 days after
            receipt of the report under paragraph (1), the Secretary shall
            transmit the report to the Committees on Armed Services and
            Veterans' Affairs of the Senate and the House of
            Representatives. The Secretary may include in the transmittal
            such comments on the report as the Secretary considers
            appropriate.

        (f) <<NOTE: Deadline.>> Plan Required.--Not later than 6 months
    after receipt of the report from the task force under subsection (e)(1),
    the Secretary of Defense shall develop a plan based on the
    recommendations of the task force and submit the plan to the
    congressional defense committees.

        (g) Termination.--The task force shall terminate 90 days after the
    date on which the report of the task force is submitted to Congress
    under subsection (e)(2).

                         Subtitle D--Studies and Reports

    SEC. 731. STUDY RELATING TO PREDEPLOYMENT AND POSTDEPLOYMENT MEDICAL
                EXAMS OF CERTAIN MEMBERS OF THE ARMED FORCES.

        (a) Study.--The Secretary of Defense shall conduct a study of the
    effectiveness of self-administered surveys included in predeployment and
    postdeployment medical exams, including the mental health portion of the
    surveys, of members of the Armed Forces that are carried out as part of
    the medical tracking system required under section 1074f of title 10,
    United States Code.
        (b) Report.--Not later than 120 days after the date of the enactment
    of this Act, the Secretary shall submit to the Committees on Armed
    Services of the Senate and the House of Representatives a report on the
    study conducted under subsection (a).

    SEC. 732. REQUIREMENTS FOR PHYSICAL EXAMINATIONS AND MEDICAL AND DENTAL
                READINESS FOR MEMBERS OF THE SELECTED RESERVE NOT ON ACTIVE
                DUTY.

        (a) In General.--Subsection (a) of section 10206 of title 10, United
    States Code, is amended--
                (1) by amending paragraph (1) to read as follows:
                ``(1) have a comprehensive medical readiness health and
            dental assessment on an annual basis, including routine annual

    [[Page 119 STAT. 3352]]

            preventive health care screening and periodic comprehensive
            physical examinations in accordance with regulations prescribed
            by the Secretary of Defense that reflect morbidity and mortality
            risks associated with the military service, age, and gender of
            the member; and''; and
                (2) in paragraph (2), by striking ``annually to the
            Secretary concerned'' and all that follows and inserting ``to
            the Secretary concerned on an annual basis documentation of the
            medical and dental readiness of the member to perform military
            duties.''.

        (b) Conforming Amendment.--The heading of such section is amended by
    striking ``periodic''.
        (c) Clerical Amendment.--The table of sections at the beginning of
    chapter 1007 of such title is amended in the item relating to section
    10206 by striking ``periodic''.

    SEC. 733. REPORT ON DELIVERY OF HEALTH CARE BENEFITS THROUGH THE
                MILITARY HEALTH CARE SYSTEM.

        (a) Report Required.--Not later than February 1, 2007, the Secretary
    of Defense shall submit to the congressional defense committees a report
    on the delivery of health care benefits through the military health care
    system.
        (b) Elements.--The report under subsection (a) shall include the
    following:
                (1) An analysis of the organization and costs of delivering
            health care benefits to current and retired members of the Armed
            Forces and their families.
                (2) An analysis of the costs of ensuring medical readiness
            throughout the Armed Forces in support of national security
            objectives.
                (3) An assessment of the role of health benefits in the
            recruitment and retention of members of the Armed Forces,
            whether in the regular components or the reserve components of
            the Armed Forces.
                (4) An assessment of the experience of the military
            departments during fiscal years 2003, 2004, and 2005 in
            recruitment and retention of military and civilian medical and
            dental personnel, whether in the regular components or the
            reserve components of the Armed Forces, in light of military and
            civilian medical manpower requirements.
                (5) A description of requirements for graduate medical
            education for military medical care providers and options for
            meeting such requirements, including civilian medical training
            programs.

        (c) Recommendations.--In addition to the matters specified in
    subsection (b), the report under subsection (a) shall also include such
    recommendations for legislative or administrative action as the
    Secretary considers necessary to improve efficiency and quality in the
    provision of health care benefits through the military health care
    system, including recommendations on--
                (1) the organization and delivery of health care benefits;
                (2) mechanisms required to measure costs more accurately;
                (3) mechanisms required to measure quality of care, and
            access to care, more accurately;
                (4) Department of Defense participation in the Medicare
            Advantage Program, formerly Medicare plus Choice;

    [[Page 119 STAT. 3353]]

                (5) the use of flexible spending accounts and health savings
            accounts for military retirees under the age of 65;
                (6) incentives for eligible beneficiaries of the military
            health care system to retain private employer-provided health
            care insurance;
                (7) means of improving integrated systems of disease
            management, including chronic illness management;
                (8) means of improving the safety and efficiency of pharmacy
            benefits management;
                (9) the management of enrollment options for categories of
            eligible beneficiaries in the military health care system;
                (10) reform of the provider payment system, including the
            potential for use of a pay-for-performance system in order to
            reward quality and efficiency in the TRICARE system;
                (11) means of improving efficiency in the administration of
            the TRICARE program, to include the reduction of headquarters
            and redundant management layers, and maximizing efficiency in
            the claims processing system;
                (12) other improvements in the efficiency of the military
            health care system; and
                (13) any other matters the Secretary considers appropriate
            to improve the efficiency and quality of military health care
            benefits.

    SEC. 734. COMPTROLLER GENERAL STUDIES AND REPORT ON DIFFERENTIAL
                PAYMENTS TO CHILDREN'S HOSPITALS FOR HEALTH CARE FOR
                CHILDREN DEPENDENTS AND MAXIMUM ALLOWABLE CHARGE FOR
                OBSTETRICAL CARE SERVICES UNDER TRICARE.

        (a) Studies Required.--The Comptroller General of the United States
    shall conduct the following studies:
                (1) A study of the effectiveness of the current system of
            differential payments to children's hospitals for health care
            services for dependent children of members of the uniformed
            services under the TRICARE program in achieving the objective of
            securing adequate health care services for such dependent
            children under that program.
                (2) A study of the effectiveness of the TRICARE program in
            achieving the objective of adequate access to high quality
            obstetrical care services for family members of members of the
            uniformed services.

        (b) Elements of Children's Hospitals Study.--The study required by
    subsection (a)(1) shall include the following:
                (1) A description of the current participation of children's
            hospitals in the TRICARE program.
                (2) An assessment of the current system of payments to
            children's hospitals under the TRICARE program, including
            differential payments to such hospitals for health care services
            described in subsection (a)(1), including an assessment of--
                        (A) the extent to which the calculation of such
                    differential payments takes into account the complexity
                    and extraordinary resources required for the provision
                    of such health care services;
                        (B) the extent to which TRICARE payment rates,
                    including the children's hospital differential, have
                    kept pace with inflation in health care costs for
                    children's hospitals since the establishment of the
                    differential in 1988;

    [[Page 119 STAT. 3354]]

                        (C) the extent to which such differential payments
                    provide appropriate compensation to such hospitals for
                    the provision of such services; and
                        (D) any obstacles or challenges to the development
                    of future modifications to the system of differential
                    payments.
                (3) An assessment of the adequacy of, including any barrier
            to, the access of dependent children described in subsection
            (a)(1) to specialized hospital services for their illnesses
            under the TRICARE program.

        (c) Elements of Obstetrical Care Services Study.--The study required
    by subsection (a)(2) shall include the following:
                (1) A description of the current participation of civilian
            providers of obstetrical care services in the TRICARE program.
                (2) An assessment of the current system of payments for
            obstetrical care services, including an assessment of--
                        (A) the extent to which the calculation of such
                    payments takes into account the complexity and resources
                    required;
                        (B) the extent to which TRICARE payment rates have
                    kept pace with inflation in health care costs;
                        (C) the extent to which such payments provide
                    appropriate compensation to providers of such services;
                    and
                        (D) obstacles or challenges to the development of
                    future improvements to access to high quality
                    obstetrical services, including referral patterns and
                    inclusion of all necessary services within the maximum
                    allowable charge.
                (3) An assessment of the adequacy of the access of military
            family members to needed obstetrical care services.

        (d) Report.--Not later than May 1, 2006, the Comptroller General
    shall submit to the Secretary of Defense and the congressional defense
    committees a report on the studies required by subsection (a), together
    with such recommendations, if any, as the Comptroller General considers
    appropriate for modifications of the current system of differential
    payments to children's hospitals and payments for obstetrical care
    services in order to achieve the objectives described in that
    subsection.
        (e) Transmittal to Congress.--
                (1) <<NOTE: Deadline.>> In general.--Not later than November
            1, 2006, the Secretary of Defense shall transmit to the
            congressional defense committees the report submitted by the
            Comptroller General to the Secretary under subsection (d).
                (2) Implementation of modifications.--If the report under
            paragraph (1) includes recommendations of the Comptroller
            General for modifications of the current system of differential
            payments to children's hospitals or of payments for obstetrical
            care services, the Secretary shall transmit with the report--
                        (A) a proposal for such legislative or
                    administration action as may be required to implement
                    such modifications; and
                        (B) an assessment and estimate of the costs
                    associated with the implementation of such
                    modifications.

        (f) Definitions.--In this section:
                (1) Differential payments to children's hospitals.--The term
            ``differential payments to children's hospitals'' means the
            additional amounts paid to children's hospitals under the

    [[Page 119 STAT. 3355]]

            TRICARE program for health care procedures for severely ill
            children in order to take into account the additional costs
            associated with such procedures for such children when compared
            with the costs associated with such procedures for adults and
            other children.
                (2) Payments for obstetrical care.--The term ``payments for
            obstetrical care services'' means the maximum allowable payment
            rates established by the Department of Defense under the TRICARE
            program for routine obstetrical care, including prenatal care,
            laboratory tests in accordance with accepted obstetrical
            practices standards, specialty care if needed, delivery, and
            post-partum maternal care.
                (3) Tricare program.--The term ``TRICARE program'' has the
            meaning given that term in section 1072(7) of title 10, United
            States Code.

    SEC. 735. REPORT ON THE DEPARTMENT OF DEFENSE AHLTA GLOBAL ELECTRONIC
                HEALTH RECORD SYSTEM.

        (a) Report Required.--Not later than six months after the date of
    the enactment of this Act, the Secretary of Defense shall submit to the
    appropriate committees of Congress a report on the Department of Defense
    AHLTA global electronic health record system.
        (b) Report Elements.--The report under subsection (a) shall include
    the following:
                (1) A chronology and description of previous efforts
            undertaken to develop an electronic medical records system
            capable of maintaining a two-way exchange of data between the
            Department of Defense and the Department of Veterans Affairs.
                (2) The plans as of the date of the report, including any
            projected commencement dates, for the implementation of the
            AHLTA global electronic health record system.
                (3) A description of the software and hardware being
            considered as of the date of the report for use in the AHLTA
            global electronic health record system.
                (4) A description of the management structure used in the
            development of the AHLTA global electronic health record system.
                (5) A description of the accountability measures utilized
            during the development of the AHLTA global electronic health
            record system in order to evaluate progress made in the
            development of that system.
                (6) The schedule for the remaining development of the AHLTA
            global electronic health record system.

        (c) Appropriate Committees of Congress Defined.--In this section,
    the term ``appropriate committees of Congress'' means--
                (1) the Committees on Armed Services, Appropriations,
            Veterans' Affairs, and Health, Education, Labor, and Pensions of
            the Senate; and
                (2) the Committees on Armed Services, Appropriations,
            Veterans' Affairs, and Energy and Commerce of the House of
            Representatives.

    [[Page 119 STAT. 3356]]

    SEC. 736. COMPTROLLER GENERAL STUDY AND REPORT ON VACCINE HEALTHCARE
                CENTERS.

        (a) Study Required.--The Comptroller General shall conduct a study
    of the Vaccine Healthcare Centers operated by the Department of Defense
    in support of medical needs arising from mandatory military
    vaccinations.
        (b) Elements.--In conducting the study under subsection (a), the
    Comptroller General shall examine the following:
                (1) The mission of each Center.
                (2) The adequacy of resources available to support the
            mission of each Center and the source of those resources from
            within the Department of Defense.
                (3) The extent of participation and support of the Centers
            by each of the Armed Forces.
                (4) The effectiveness of the Centers in supporting the
            medical needs of members of the Armed Forces arising from
            mandatory military vaccinations.
                (5) The effectiveness of the Centers in providing assistance
            to military and civilian healthcare providers based on outreach
            to and response to inquiries from providers.
                (6) The extent to which the Centers are conducting
            evaluations to identify and treat potential and actual health
            effects from vaccines.
                (7) The extent to which the Centers take advantage of and
            are linked to vaccine health resources outside the Department of
            Defense.
                (8) The extent to which the Centers are involved in outreach
            to military and civilian healthcare providers relating to
            vaccine safety, efficiency, and acceptability.
                (9) The extent to which similar activities conducted by the
            Centers are conducted in governmental or nongovernmental
            agencies outside the Department of Defense.

        (c) Recommendations.--The Comptroller General shall submit to
    Congress a report containing findings and recommendations not later than
    May 30, 2006, including recommendations on ways to improve the ability
    of the Department of Defense to understand and support medical needs
    arising from mandatory military vaccinations and the extent to which the
    Department of Defense requires the Vaccine Healthcare Centers to
    continue in their current configuration.

    SEC. 737. REPORT ON ADVERSE HEALTH EVENTS ASSOCIATED WITH USE OF ANTI-
                MALARIAL DRUGS.

        (a) Study Required.--The Secretary of Defense shall conduct a study
    of adverse health events that may be associated with use of anti-
    malarial drugs, including mefloquine.
        (b) Matters Covered.--The study required by subsection (a) shall
    include a comparison of adverse health (including mental health) events
    that may be associated with different anti-malarial drugs, including
    mefloquine.
        (c) Report.--Not later than one year after the date of the enactment
    of this Act, the Secretary shall submit to the congressional defense
    committees a report on the study required by subsection (a).

    [[Page 119 STAT. 3357]]

    SEC. 738. REPORT ON RESERVE DENTAL INSURANCE PROGRAM.

        (a) Study.--The Secretary of Defense shall conduct a study of the
    Reserve dental insurance program.
        (b) Elements.--The study required by subsection (a) shall--
                (1) identify the most effective mechanism or mechanisms for
            the payment of premiums under the Reserve dental insurance
            program for members of the reserve components of the Armed
            Forces and their dependents, including by deduction from reserve
            pay, by direct collection, or by other means (including
            appropriate mechanisms from other military benefits programs),
            to ensure uninterrupted availability of premium payments
            regardless of whether members are performing active duty with
            pay or inactive-duty training with pay;
                (2) include such matters relating to the Reserve dental
            insurance program as the Secretary considers appropriate; and
                (3) assess the effectiveness of mechanisms for informing the
            members of the reserve components of the Armed Forces of the
            availability of, and benefits under, the Reserve dental
            insurance program.

        (c) Report.--Not later than February 1, 2007, the Secretary shall
    submit to the congressional defense committees a report on the study
    required by subsection (a). The report shall include the findings of the
    study and such recommendations for legislative or administrative action
    regarding the Reserve dental insurance program as the Secretary
    considers appropriate in light of the study.
        (d) Reserve Dental Insurance Program Defined.--In this section, the
    term ``Reserve dental insurance program'' includes--
                (1) the dental insurance plan required under paragraph (1)
            of section 1076a(a) of title 10, United States Code; and
                (2) any dental insurance plan established under paragraph
            (2) or (4) of section 1076a(a) of title 10, United States Code.

    SEC. 739. DEMONSTRATION PROJECT STUDY ON MEDICARE ADVANTAGE REGIONAL
                PREFERRED PROVIDER ORGANIZATION OPTION FOR TRICARE-MEDICARE
                DUAL-ELIGIBLE BENEFICIARIES.

        (a) Study on Demonstration Project.--
                (1) Requirement.--The Secretary of Defense shall conduct a
            study to evaluate the feasibility and cost effectiveness of
            conducting a demonstration project under section 1092 of title
            10, United States Code, to implement the provisions of section
            1097(d) of such title. The purpose of such a demonstration
            project would be to evaluate whether applying the managed care
            methods under the Medicare Advantage program under part C of
            title XVIII of the Social Security Act would improve the quality
            of care, realize cost savings to the Department of Defense, and
            improve beneficiary satisfaction for Department of Defense
            beneficiaries who also are entitled to health care under
            medicare.
                (2) Elements of study.--The study required by paragraph (1)
            shall include an analysis of the following:
                        (A) The impact of the Medicare Advantage Regional
                    Preferred Provider Organization model on medical
                    utilization, pharmacy usage, and Department of Defense
                    health care costs.
                        (B) The full costs of the demonstration project.

    [[Page 119 STAT. 3358]]

                        (C) The implementation and use of quality
                    improvement and chronic care improvement programs for
                    Department of Defense beneficiaries.
                        (D) Beneficiary satisfaction.
                        (E) The near term and long term effect on all
                    existing Department of Defense contracts for health care
                    support, including TRICARE managed care contracts,
                    claims processing contracts, and pharmacy contracts.
                        (F) A comparison of the costs and benefits of using
                    existing Department of Defense contractors or new
                    Department of Defense contractors who are qualified as
                    the vehicle for conducting the demonstration.

        (b) Plan.--
                (1) Requirement.--If the Secretary of Defense determines
            under subsection (a) that the demonstration project is feasible,
            cost effective, and in the best interests of the Department of
            Defense and eligible beneficiaries, the Secretary, in
            coordination with other administering Secretaries, shall develop
            a plan to carry out the demonstration project.
                (2) Elements of plan.--
                        (A) Health care benefits.--In the plan, the
                    Secretary of Defense shall prescribe the minimum health
                    care benefits to be provided under the plan to eligible
                    beneficiaries enrolled in the plan. Those benefits shall
                    include at least all health care services covered under
                    part A and part B of medicare and TRICARE for Life.
                        (B) Demonstration service area.--In the plan, the
                    Secretary shall provide for conducting the demonstration
                    in at least two demonstration service areas.
                        (C) Eligibility.--In the plan, the Secretary shall
                    provide that any eligible beneficiary who meets the
                    eligibility requirements for participation in the
                    Medicare Advantage Regional Preferred Provider
                    Organization plan who resides in the demonstration
                    service area is eligible to enroll in the demonstration
                    on a voluntary basis.
                        (D) Duration.--In the plan, the Secretary shall
                    provide for conducting the demonstration for a period of
                    time consistent with decisions made by the Department of
                    Defense to exercise remaining option periods on the
                    managed care support contract covering the area where
                    the demonstration occurs.
                        (E) Evaluation of the demonstration project.--The
                    plan shall include a plan to evaluate the costs and
                    benefits of all elements of the demonstration project,
                    including the elements described in subsection (a)(2)
                    and, in addition, the financial mechanisms used in
                    carrying out the demonstration project.

        (c) Definitions.--In this section:
                (1) Eligible beneficiary.--The term ``eligible beneficiary''
            means a person who is eligible for both TRICARE and medicare
            under section 1086(d)(2) of title 10, United States Code.
                (2) Medicare.--The term ``medicare'' means title XVIII of
            the Social Security Act (42 U.S.C. 1395 et seq.).
                (3) Administering secretaries.--The term ``administering
            Secretaries'' has the meaning provided by section 1072(3) of
            title 10, United States Code.

    [[Page 119 STAT. 3359]]

        (d) Report.--Not later than April 1, 2006, the Secretary of Defense
    shall submit to the Committees on Armed Services of the Senate and House
    of Representatives a report on the study required under subsection (a),
    along with the plan under subsection (b) if applicable.

    SEC. 740. <<NOTE: 10 USC 1073 note.>> PILOT PROJECTS ON PEDIATRIC EARLY
                LITERACY AMONG CHILDREN OF MEMBERS OF THE ARMED FORCES.

        (a) Pilot Projects Authorized.--The Secretary of Defense may conduct
    pilot projects to assess the feasibility, advisability, and utility of
    encouraging pediatric early literacy among the children of members of
    the Armed Forces.
        (b) Locations.--
                (1) In general.--The pilot projects conducted under
            subsection (a) shall be conducted at not more than 20 military
            medical treatment facilities designated by the Secretary for
            purposes of this section.
                (2) Co-location with certain installations.--In designating
            military medical treatment facilities under paragraph (1), the
            Secretary shall, to the extent practicable, designate facilities
            that are located on, or co-located with, military installations
            at which the mobilization or demobilization of members of the
            Armed Forces occurs.

        (c) Activities.--Activities under the pilot projects conducted under
    subsection (a) shall the following:
                (1) The provision of training to health care providers and
            other appropriate personnel on early literacy promotion.
                (2) The purchase and distribution of children's books to
            members of the Armed Forces, their spouses, and their children.
                (3) The modification of treatment facility and clinic
            waiting rooms to include a full selection of literature for
            children.
                (4) The dissemination to members of the Armed Forces and
            their spouses of parent education materials on pediatric early
            literacy.
                (5) Such other activities as the Secretary considers
            appropriate.

        (d) Report.--
                (1) In general.--Not later than March 1, 2007, the Secretary
            shall submit to the Committee on Armed Services of the Senate
            and the Committee on Armed Services of the House of
            Representatives a report on the pilot projects conducted under
            this section.
                (2) Elements.--The report under paragraph (1) shall
            include--
                        (A) a description of the pilot projects conducted
                    under this section, including the location of each pilot
                    project and the activities conducted under each pilot
                    project; and
                        (B) an assessment of the feasibility, advisability,
                    and utility of encouraging pediatric early literacy
                    among the children of members of the Armed Forces.

    [[Page 119 STAT. 3360]]

                            Subtitle E--Other Matters

    SEC. 741. <<NOTE: 10 USC 1071 note.>> AUTHORITY TO RELOCATE PATIENT
                SAFETY CENTER; RENAMING MEDTEAMS PROGRAM.

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

    SEC. 742. <<NOTE: 10 USC 1071 note.>> MODIFICATION OF HEALTH CARE
                QUALITY INFORMATION AND TECHNOLOGY ENHANCEMENT REPORTING
                REQUIREMENT.

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

    SEC. 743. CORRECTION TO ELIGIBILITY OF CERTAIN RESERVE OFFICERS FOR
                MILITARY HEALTH CARE PENDING ACTIVE DUTY FOLLOWING
                COMMISSIONING.

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

    SEC. 744. <<NOTE: 10 USC 129c note.>> PROHIBITION ON CONVERSIONS OF
                MILITARY MEDICAL AND DENTAL POSITIONS TO CIVILIAN MEDICAL
                POSITIONS UNTIL SUBMISSION OF CERTIFICATION.

        (a) Prohibition on Conversions.--
                (1) Submission of certification.--A Secretary of a military
            department may not convert any military medical or dental
            position to a civilian medical or dental position until the
            Secretary submits to the Committees on Armed Services of the
            Senate and the House of Representatives a certification that the
            conversions within that department will not increase cost or
            decrease quality of care or access to care. <<NOTE: Effective
            date.>> Such a certification may not be submitted before June 1,
            2006.

    [[Page 119 STAT. 3361]]

                (2) Report with certification.--A Secretary submitting such
            a certification shall include with the certification a written
            report that includes--
                        (A) the methodology used by the Secretary in making
                    the determinations necessary for the certification,
                    including the extent to which the Secretary took into
                    consideration the findings of the Comptroller General in
                    the report under subsection (b)(3);
                        (B) the results of a market survey in each affected
                    area of the availability of civilian medical and dental
                    care providers in such area in order to determine
                    whether the civilian medical and dental care providers
                    available in such area are adequate to fill the civilian
                    positions created by the conversion of military medical
                    and dental positions to civilian positions in such area;
                    and
                        (C) any action taken by the Secretary in response to
                    recommendations in the Comptroller General report under
                    subsection (b)(3).

        (b) Requirement for Study.--
                (1) In general.--The Comptroller General shall conduct a
            study on the effect of conversions of military medical and
            dental positions to civilian medical or dental positions on the
            defense health program.
                (2) Matters covered.--The study shall include the following:
                        (A) The number of military medical and dental
                    positions, by grade and specialty, planned for
                    conversion to civilian medical or dental positions.
                        (B) The number of military medical and dental
                    positions, by grade and specialty, converted to civilian
                    medical or dental positions since October 1, 2004.
                        (C) The ability of the military health care system
                    to fill the civilian medical and dental positions
                    required, by specialty.
                        (D) The degree to which access to health care is
                    affected in both the direct and purchased care system,
                    including an assessment of the effects of any increased
                    shifts in patient load from the direct care to the
                    purchased care system, or any delays in receipt of care
                    in either the direct or purchased care system because of
                    lack of direct care providers.
                        (E) The degree to which changes in military manpower
                    requirements affect recruiting and retention of
                    uniformed medical and dental personnel.
                        (F) The degree to which conversion of the military
                    positions meets the joint medical and dental readiness
                    requirements of the uniformed services, as determined
                    jointly by all the uniformed services.
                        (G) The effect of the conversions of military
                    medical positions to civilian medical and dental
                    positions on the defense health program, including costs
                    associated with the conversions, with a comparison of
                    the estimated costs versus the actual costs incurred by
                    the number of conversions since October 1, 2004.
                        (H) The effectiveness of the conversions in
                    enhancing medical and dental readiness, health care
                    efficiency, productivity, quality, and customer
                    satisfaction.

    [[Page 119 STAT. 3362]]

                (3) Report on study.--Not later than May 1, 2006, the
            Comptroller General shall submit to the Committees on Armed
            Services of the Senate and House of Representatives a report
            containing the results of the study under this section.

        (c) Definitions.--In this section:
                (1) The term ``military medical or dental position'' means a
            position for the performance of health care functions within the
            Armed Forces held by a member of the Armed Forces.
                (2) The term ``civilian medical or dental position'' means a
            position for the performance of health care functions within the
            Department of Defense held by an employee of the Department or
            of a contractor of the Department.
                (3) The term ``affected area'' means an area in which
            military medical or dental positions were converted to civilian
            medical or dental positions before October 1, 2004, or in which
            such conversions are scheduled to occur in the future.
                (4) The term ``uniformed services'' has the meaning given
            that term in section 1072(1) of title 10, United States Code.

    SEC. 745. CLARIFICATION OF INCLUSION OF DENTAL CARE IN MEDICAL READINESS
                TRACKING AND HEALTH SURVEILLANCE PROGRAM.

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

    ``SEC. 740. INCLUSION OF DENTAL CARE.

        ``For purposes of the plan, this subtitle, and the amendments made
    by this subtitle, references to medical readiness, health status, and
    health care shall be considered to include dental readiness, dental
    status, and dental care.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    title VII of such Act and in section 2(b) of such Act are each amended
    by inserting after the item relating to section 739 the following:

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

    SEC. 746. <<NOTE: 10 USC 1074 note.>> COOPERATIVE OUTREACH TO MEMBERS
                AND FORMER MEMBERS OF THE NAVAL SERVICE EXPOSED TO
                ENVIRONMENTAL FACTORS RELATED TO SARCOIDOSIS.

        (a) Outreach Program Required.--The Secretary of the Navy, in
    coordination with the Secretary of Veterans Affairs, shall conduct an
    outreach program intended to contact as many members and former members
    of the naval service as possible who, in connection with service aboard
    Navy ships, may have been exposed to aerosolized particles resulting
    from the removal of nonskid coating used on those ships.
        (b) Purposes of Outreach Program.--The purposes of the outreach
    program are as follows:
                (1) To develop additional data for use in subsequent studies
            aimed at determining a causative link between sarcoidosis and
            military service.
                (2) To inform members and former members identified in
            subsection (a) of the findings of Navy studies identifying an
            association between service aboard certain naval ships and
            sarcoidosis.

    [[Page 119 STAT. 3363]]

                (3) To provide information to assist members and former
            members identified in subsection (a) in getting medical
            evaluations to help clarify linkages between their disease and
            their service aboard Navy ships.
                (4) To provide the Department of Veterans Affairs with data
            and information for the effective evaluation of veterans who may
            seek care for sarcoidosis.

        (c) Implementation and Report.--Not later than six months after the
    date of the enactment of this Act, the Secretary of the Navy shall begin
    the outreach program. Not later than one year after beginning the
    program, the Secretary shall provide to the Committees on Armed Services
    of the Senate and the House of Representatives and the Committees on
    Veterans Affairs of the Senate and House of Representatives a report on
    the results of the outreach program.

    SEC. 747. REPEAL OF REQUIREMENT FOR COMPTROLLER GENERAL REVIEWS OF
                CERTAIN DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS
                PROJECTS ON SHARING OF HEALTH CARE RESOURCES.

        (a) Joint Incentives Program.--Section 8111(d) of title 38, United
    States Code, is amended--
                (1) by striking paragraph (3); and
                (2) by redesignating paragraph (4) as paragraph (3).

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

    SEC. 748. PANDEMIC AVIAN FLU PREPAREDNESS.

        (a) Report.--The Secretary of Defense shall submit to the Committees
    on Armed Services of the Senate and the House of Representatives a
    report on the efforts within the Department of Defense to prepare for
    pandemic influenza, including pandemic avian influenza. The Secretary
    shall address the following, with respect to military personnel,
    dependents of military personnel on military installations, and civilian
    personnel within the Department of Defense:
                (1) The procurement of vaccines, antivirals, and other
            medicines, and medical supplies, including personal protective
            equipment, particularly those that must be imported.
                (2) Protocols for the allocation and distribution of
            vaccines and medicines among high priority personnel.
                (3) Public health protection and containment measures that
            may be implemented on military bases and other facilities,
            including risk communication, quarantine, travel restrictions,
            and other isolation precautions.
                (4) Communication with Department of Defense-affiliated
            health providers about pandemic preparedness and response.
                (5) Surge capacity for the provision of medical care during
            pandemics.

    [[Page 119 STAT. 3364]]

                (6) The availability and delivery of food and basic supplies
            and services.
                (7) Surveillance efforts domestically and internationally,
            including those using the Global Emerging Infections Systems
            (GEIS), and how such efforts are integrated with other ongoing
            surveillance systems.
                (8) The integration of pandemic and response planning in the
            Department of Defense with the planning of other Federal
            departments, including the Department of Health and Human
            Services, the Department of Homeland Security, the Department of
            Veterans Affairs, the Department of State, and USAID.
                (9) Collaboration (as appropriate) with international
            entities engaged in pandemic preparedness and response.
                (10) Acceleration of medical research and development
            related to pandemic influenza.

        (b) Submission of Report.--The report required under subsection (a)
    shall be submitted not later than 120 days after the date of the
    enactment of this Act.

    SEC. 749. FOLLOW UP ASSISTANCE FOR MEMBERS OF THE ARMED FORCES AFTER
                PRESEPARATION PHYSICAL EXAMINATIONS.

        Section 1145(a) of title 10, United States Code, is amended by
    adding at the end the following new paragraph:
        ``(5)(A) The Secretary of Defense shall, in consultation with the
    Secretary of Veterans Affairs, ensure that appropriate actions are taken
    to assist a member of the armed forces who, as a result of a medical
    examination under paragraph (4), receives an indication for a referral
    for follow up treatment from the health care provider who performs the
    examination.
        ``(B) Assistance provided to a member under paragraph (1) shall
    include the following:
                ``(i) Information regarding, and any appropriate referral
            for, the care, treatment, and other services that the Secretary
            of Veterans Affairs may provide to such member under any other
            provision of law, including--
                        ``(I) clinical services, including counseling and
                    treatment for post-traumatic stress disorder and other
                    mental health conditions; and
                        ``(II) any other care, treatment, and services.
                ``(ii) Information on the private sector sources of
            treatment that are available to the member in the member's
            community.
                ``(iii) Assistance to enroll in the health care system of
            the Department of Veterans Affairs for health care benefits for
            which the member is eligible under laws administered by the
            Secretary of Veterans Affairs.''.

    SEC. 750. <<NOTE: 10 USC 801 note.>> POLICY ON ROLE OF MILITARY MEDICAL
                AND BEHAVIORAL SCIENCE PERSONNEL IN INTERROGATION OF
                DETAINEES.

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

    [[Page 119 STAT. 3365]]

    policy established under subsection (a). The report shall set forth the
    policy, and shall include such additional matters on the policy as the
    Secretary considers appropriate.

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

      Subtitle A--Provisions Relating to Major Defense Acquisition Programs

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

                  Subtitle B--Acquisition Policy and Management

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

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

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

          Subtitle D--United States Defense Industrial Base Provisions

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

                            Subtitle E--Other Matters

    Sec. 841. Review and report on Department of Defense efforts to identify
               contract fraud, waste, and abuse.
    Sec. 842. Extension of contract goal for small disadvantaged businesses
               and certain institutions of higher education.
    Sec. 843. Extension of deadline for report of advisory panel on laws and
               regulations on acquisition practices.

    [[Page 119 STAT. 3366]]

    Sec. 844. Exclusion of certain security expenses from consideration for
               purpose of small business size standards.
    Sec. 845. Disaster relief for small business concerns damaged by
               drought.
    Sec. 846. Extension of limited acquisition authority for the commander
               of the United States Joint Forces Command.
    Sec. 847. Civilian Board of Contract Appeals.
    Sec. 848. Statement of policy and report relating to contracting with
               employers of persons with disabilities.
    Sec. 849. Study on Department of Defense contracting with small business
               concerns owned and controlled by service-disabled veterans.

      Subtitle A--Provisions Relating to Major Defense Acquisition Programs

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

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

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

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

        ``(b) Submission to Congress.--The certification required under
    subsection (a) with respect to a major defense acquisition program shall
    be submitted to the congressional defense committees with the first
    Selected Acquisition Report submitted under section 2432 of this title
    after completion of the certification.
        ``(c) Waiver for National Security.--The milestone decision
    authority may waive the applicability to a major defense acquisition
    program of one or more components (as specified in paragraph (1), (2),
    (3), (4), (5), or (6) of subsection (a)) of the certification
    requirement if the milestone decision authority determines that,

    [[Page 119 STAT. 3367]]

    but for such a waiver, the Department would be unable to meet critical
    national security objectives. <<NOTE: Deadline.>> Whenever the milestone
    decision authority makes such a determination and authorizes such a
    waiver, the waiver, the determination, and the reasons for the
    determination shall be submitted in writing to the congressional defense
    committees within 30 days after the waiver is authorized.

        ``(d) Nondelegation.--The milestone decision authority may not
    delegate the certification requirement under subsection (a) or the
    authority to waive any component of such requirement under subsection
    (c).
        ``(e) Definitions.--In this section:
                ``(1) The term `major defense acquisition program' means a
            Department of Defense acquisition program that is a major
            defense acquisition program for purposes of section 2430 of this
            title.
                ``(2) The term `milestone decision authority', with respect
            to a major defense acquisition program, means the individual
            within the Department of Defense designated with overall
            responsibility for the program.
                ``(3) The term `Milestone B approval' has the meaning
            provided that term in section 2366(e)(7) of this title.
                ``(4) The term `Key Decision Point B' means the official
            program initiation of a National Security Space program of the
            Department of Defense, which triggers a formal review to
            determine maturity of technology and the program's readiness to
            begin the preliminary system design.''.

        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by inserting after the item relating to section
    2366 the following new item:

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

    SEC. 802. REQUIREMENTS APPLICABLE TO MAJOR DEFENSE ACQUISITION PROGRAMS
                EXCEEDING BASELINE COSTS.

        (a) Specification of Significant Cost Growth Threshold and Critical
    Cost Growth Threshold.--Subsection (a) of section 2433 of title 10,
    United States Code, is amended by adding at the end the following new
    paragraphs:
                ``(4) The term `significant cost growth threshold' means the
            following:
                        ``(A) In the case of a major defense acquisition
                    program, a percentage increase in the program
                    acquisition unit cost for the program of--
                              ``(i) at least 15 percent over the program
                          acquisition unit cost for the program as shown in
                          the current Baseline Estimate for the program; or
                              ``(ii) at least 30 percent over the program
                          acquisition unit cost for the program as shown in
                          the original Baseline Estimate for the program.
                        ``(B) In the case of a major defense acquisition
                    program that is a procurement program, a percentage
                    increase in the procurement unit cost for the program
                    of--
                              ``(i) at least 15 percent over the procurement
                          unit cost for the program as shown in the current
                          Baseline Estimate for the program; or

    [[Page 119 STAT. 3368]]

                              ``(ii) at least 30 percent over the
                          procurement unit cost for the program as shown in
                          the original Baseline Estimate for the program.
                ``(5) The term `critical cost growth threshold' means the
            following:
                        ``(A) In the case of a major defense acquisition
                    program, a percentage increase in the program
                    acquisition unit cost for the program of--
                              ``(i) at least 25 percent over the program
                          acquisition unit cost for the program as shown in
                          the current Baseline Estimate for the program; or
                              ``(ii) at least 50 percent over the program
                          acquisition unit cost for the program as shown in
                          the original Baseline Estimate for the program.
                        ``(B) In the case of a major defense acquisition
                    program that is a procurement program, a percentage
                    increase in the procurement unit cost for the program
                    of--
                              ``(i) at least 25 percent over the procurement
                          unit cost for the program as shown in the current
                          Baseline Estimate for the program; or
                              ``(ii) at least 50 percent over the
                          procurement unit cost for the program as shown in
                          the original Baseline Estimate for the program.''.

        (b) Incorporation of Thresholds Into Unit Cost Report and Related
    Requirements.--
                (1) Unit cost report requirements.--Subsection (c) of such
            section is amended by striking ``cause to believe--'' and all
            that follows through ``reflected in the Baseline Estimate;'' and
            inserting ``cause to believe that the program acquisition unit
            cost for the program or the procurement unit cost for the
            program, as applicable, has increased by a percentage equal to
            or greater than the significant cost growth threshold for the
            program;''.
                (2) Determinations of service acquisition executives.--
            Subsection (d) of such section is amended--
                        (A) in paragraph (1), by striking ``by at least 15
                    percent, or by at least 25 percent, over the program
                    acquisition unit cost for the program as shown in the
                    Baseline Estimate'' and inserting ``by a percentage
                    equal to or greater than the significant cost growth
                    threshold, or the critical cost growth threshold, for
                    the program'';
                        (B) in paragraph (2), by striking ``by at least 15
                    percent, or by at least 25 percent, over the procurement
                    unit cost for the program as reflected in the Baseline
                    Estimate'' and inserting ``by a percentage equal to or
                    greater than the significant cost growth threshold, or
                    the critical cost growth threshold, for the program'';
                    and
                        (C) in paragraph (3)--
                              (i) by striking ``by at least 15 percent, or
                          by at least 25 percent, as determined under
                          paragraph (1)'' and inserting ``by a percentage
                          equal to or greater than the significant cost
                          growth threshold or critical cost growth
                          threshold''; and
                              (ii) by striking ``by at least 15 percent, or
                          by at least 25 percent, as determined under
                          paragraph (2)'' and inserting ``by a percentage
                          equal to or greater

    [[Page 119 STAT. 3369]]

                          than the significant cost growth threshold or
                          critical cost growth threshold''.
                (3) Service acquisition reports.--Subsection (e) of such
            section is amended--
                        (A) in paragraph (1)(A), by striking ``by at least
                    15 percent'' and inserting ``by a percentage equal to or
                    greater than the significant cost growth threshold for
                    the program'';
                        (B) in paragraph (2)--
                              (i) by striking ``percentage increase in
                          the''; and
                              (ii) by striking ``exceeds 25 percent'' and
                          inserting ``increases by a percentage equal to or
                          greater than the critical cost growth threshold
                          for the program''; and
                        (C) in paragraph (3)--
                              (i) by striking ``of at least 15 percent''
                          both places it appears and inserting ``by a
                          percentage equal to or greater than the
                          significant cost growth threshold''; and
                              (ii) by striking ``of at least 25 percent''
                          both places it appears and inserting ``by a
                          percentage equal to or greater than the critical
                          cost growth threshold''.

        (c) Additional Requirements Relating to Certain Unit Cost
    Increases.--Paragraph (2) of subsection (e) of such section is further
    amended--
                (1) by redesignating subparagraph (B) as subparagraph (C);
            and
                (2) by striking ``the Secretary of Defense'' and all that
            follows through ``a written certification, stating that--'' and
            inserting ``the Secretary of Defense shall--
                ``(A) carry out an assessment of--
                        ``(i) the projected cost of completing the program
                    if current requirements are not modified;
                        ``(ii) the projected cost of completing the program
                    based on reasonable modification of such requirements;
                    and
                        ``(iii) the rough order of magnitude of the costs of
                    any reasonable alternative system or capability;
                ``(B) submit to Congress, before the end of the 60-day
            period beginning on the day the Selected Acquisition Report
            containing the information described in subsection (g) is
            required to be submitted under section 2432(f) of this title, a
            written certification (with a supporting explanation) stating
            that--''.

        (d) Original Baseline Estimate.--
                (1) In general.--Section 2435 of title 10, United States
            Code, is amended--
                        (A) by redesignating subsection (d) as subsection
                    (e); and
                        (B) by inserting after subsection (c) the following
                    new subsection (d):

        ``(d) Original Baseline Estimate.--(1) In this chapter, the term
    `original Baseline Estimate', with respect to a major defense
    acquisition program, means the baseline description established with
    respect to the program under subsection (a), without adjustment or
    revision (except as provided in paragraph (2)).
        ``(2) An adjustment or revision of the original baseline description
    of a major defense acquisition program may be treated as the original
    Baseline Estimate for the program for purposes of

    [[Page 119 STAT. 3370]]

    this chapter only if the percentage increase in the program acquisition
    unit cost or procurement unit cost under such adjustment or revision
    exceeds the critical cost growth threshold for the program under section
    2433 of this title, as determined by the Secretary of the military
    department concerned under subsection (d) of such section.
        ``(3) In the event of an adjustment or revision of the original
    baseline description of a major defense acquisition program, the
    Secretary of Defense shall include in the next Selected Acquisition
    Report to be submitted under section 2432 of this title after such
    adjustment or revision a notification to the congressional defense
    committees of such adjustment or revision, together with the reasons for
    such adjustment or revision.''.
                (2) Conforming amendment.--Section 2433(a) of such title, as
            amended by subsection (a) of this section, is further amended by
            adding at the end the following new paragraph:
                ``(6) The term `original Baseline Estimate' has the same
            meaning as provided in section 2435(d) of this title.''.

        (e) <<NOTE: 10 USC 2433 note.>> Effective Date.--
                (1) In general.--The amendments made by this section shall
            take effect on the date of the enactment of this Act, and shall
            apply with respect to any major defense acquisition program for
            which an original Baseline Estimate is first established before,
            on, or after that date.
                (2) Applicability to current major defense acquisition
            programs.--In the case of a major defense acquisition program
            for which the program acquisition unit cost or procurement unit
            cost, as applicable, exceeds the original Baseline Estimate for
            the program by more than 50 percent on the date of the enactment
            of this Act--
                        (A) the current Baseline Estimate for the program as
                    of such date of enactment is deemed to be the original
                    Baseline Estimate for the program for purposes of
                    section 2433 of title 10, United States Code (as amended
                    by this section); and
                        (B) each Selected Acquisition Report submitted on
                    the program after the date of the enactment of this Act
                    shall reflect each of the following:
                              (i) The original Baseline Estimate, as first
                          established for the program, without adjustment or
                          revision.
                              (ii) The Baseline Estimate for the program
                          that is deemed to be the original Baseline
                          Estimate for the program under subparagraph (A).
                              (iii) The current original Baseline Estimate
                          for the program as adjusted or revised, if at all,
                          in accordance with subsection (d)(2) of section
                          2435 of title 10, United States Code (as added by
                          subsection (d) of this section).

    SEC. 803. REQUIREMENT FOR DETERMINATION BY SECRETARY OF DEFENSE AND
                NOTIFICATION TO CONGRESS BEFORE PROCUREMENT OF MAJOR WEAPON
                SYSTEMS AS COMMERCIAL ITEMS.

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

    [[Page 119 STAT. 3371]]

    ``Sec. 2379. Requirement for determination by Secretary of Defense and
                            notification to Congress before procurement of
                            major weapon systems as commercial items

        ``(a) Requirement for Determination and Notification.--A major
    weapon system of the Department of Defense may be treated as a
    commercial item, or purchased under procedures established for the
    procurement of commercial items, only if--
                ``(1) the Secretary of Defense determines that--
                        ``(A) the major weapon system is a commercial item,
                    as defined in section 4(12) of the Office of Federal
                    Procurement Policy Act (41 U.S.C. 403(12)); and
                        ``(B) such treatment is necessary to meet national
                    security objectives; and
                ``(2) the congressional defense committees are notified at
            least 30 days before such treatment or purchase occurs.

        ``(b) Treatment of Subsystems and Components as Commercial Items.--A
    subsystem or component of a major weapon system shall be treated as a
    commercial item and purchased under procedures established for the
    procurement of commercial items if such subsystem or component otherwise
    meets the requirements (other than requirements under subsection (a))
    for treatment as a commercial item.
        ``(c) Delegation.--The authority of the Secretary of Defense to make
    a determination under subsection (a) may be delegated only to the Deputy
    Secretary of Defense, without further redelegation.
        ``(d) Major Weapon System Defined.--In this section, the term `major
    weapon system' means a weapon system acquired pursuant to a major
    defense acquisition program (as that term is defined in section 2430 of
    this title).''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 140 of such title is amended by adding at
            the end the following new item:

    ``2379. Requirement for determination by Secretary of Defense and
               notification to Congress before procurement of major weapon
               systems as commercial items.''.

        (b) <<NOTE: 10 USC 2379 note.>> Effective Date.--The amendments made
    by subsection (a) shall take effect on the date of the enactment of this
    Act, and shall apply to contracts entered into on or after such date.

    SEC. 804. REPORTS ON SIGNIFICANT INCREASES IN PROGRAM ACQUISITION UNIT
                COSTS OR PROCUREMENT UNIT COSTS OF MAJOR DEFENSE ACQUISITION
                PROGRAMS.

        (a) Initial Report Required.--Not later than one year after the date
    of the enactment of this Act, the Secretary of Defense shall submit to
    the congressional defense committees a report on the acquisition status
    of each major defense acquisition program whose program acquisition unit
    cost or procurement unit cost, as of the date of the enactment of this
    Act, has exceeded by more than 50 percent the original baseline
    projection for such unit cost. The report shall include the information
    specified in subsection (b).
        (b) Information.--The information specified in this subsection with
    respect to a major defense acquisition program is the following:
                (1) An assessment of the costs to be incurred to complete
            the program if the program is not modified.

    [[Page 119 STAT. 3372]]

                (2) An explanation of why the costs of the program have
            increased.
                (3) A justification for the continuation of the program
            notwithstanding the increase in costs.

        (c) Major Defense Acquisition Program Defined.--In this section, the
    term ``major defense acquisition program'' has the meaning given that
    term in section 2430 of title 10, United States Code.

    SEC. 805. REPORT ON USE OF LEAD SYSTEM INTEGRATORS IN THE ACQUISITION OF
                MAJOR SYSTEMS.

        (a) Report Required.--Not later than September 30, 2006, the
    Secretary of Defense shall submit to the congressional defense
    committees a report on the use of lead system integrators for the
    acquisition by the Department of Defense of major systems.
        (b) Contents.--The report required by subsection (a) shall include a
    detailed description of the actions taken, or to be taken (including a
    specific timetable), and the current regulations and guidelines
    regarding--
                (1) the definition of the respective rights of the
            Department of Defense, lead system integrators, and other
            contractors that participate in the development or production of
            any individual element of a major weapon system (including
            subcontractors under lead system integrators) in intellectual
            property that is developed by the other participating
            contractors in a manner that ensures that--
                        (A) the Department of Defense obtains appropriate
                    rights in technical data developed by the other
                    participating contractors in accordance with the
                    requirements of section 2320 of title 10, United States
                    Code; and
                        (B) lead system integrators obtain access to
                    technical data developed by the other participating
                    contractors only to the extent necessary to execute
                    their contractual obligations as lead systems
                    integrators;
                (2) the prevention or mitigation of organizational conflicts
            of interest on the part of lead system integrators;
                (3) minimization of the performance by lead system
            integrators of functions closely associated with inherently
            governmental functions;
                (4) the appropriate use of competitive procedures in the
            award of subcontracts by lead system integrators with system
            responsibility;
                (5) the prevention of organizational conflicts of interest
            arising out of any financial interest of lead system integrators
            without system responsibility in the development or production
            of individual elements of a major weapon system; and
                (6) the prevention of pass-through charges by lead system
            integrators with system responsibility on systems or subsystems
            developed or produced under subcontracts where such lead system
            integrators do not provide significant value added with regard
            to such systems or subsystems.

        (c) Definitions.--In this section:
                (1) The term ``lead system integrator'' includes lead system
            integrators with system responsibility and lead system
            integrators without system responsibility.

    [[Page 119 STAT. 3373]]

                (2) The term ``lead system integrator with system
            responsibility'' means a prime contractor for the development or
            production of a major system if the prime contractor is not
            expected at the time of award, as determined by the Secretary of
            Defense for purposes of this section, to perform a substantial
            portion of the work on the system and the major subsystems.
                (3) The term ``lead system integrator without system
            responsibility'' means a contractor under a contract for the
            procurement of services whose primary purpose is to perform
            acquisition functions closely associated with inherently
            governmental functions with regard to the development or
            production of a major system.
                (4) The term ``major system'' has the meaning given such
            term in section 2302d of title 10, United States Code.
                (5) The term ``pass-through charge'' means a charge for
            overhead or profit on work performed by a lower-tier contractor
            (other than charges for the direct costs of managing lower-tier
            contracts and overhead and profit based on such direct costs)
            that does not, as determined by the Secretary for purposes of
            this section, promote significant value added with regard to
            such work.
                (6) The term ``functions closely associated with inherently
            governmental functions'' has the meaning given such term in
            section 2383(b)(3) of title 10, United States Code.

    SEC. 806. <<NOTE: 10 USC 2302 note.>> CONGRESSIONAL NOTIFICATION OF
                CANCELLATION OF MAJOR AUTOMATED INFORMATION SYSTEMS.

        (a) Report Required.--The Secretary of Defense shall notify the
    congressional defense committees not less than 60 days before cancelling
    a major automated information system program that has been fielded or
    approved to be fielded, or making a change that will significantly
    reduce the scope of such a program, of the proposed cancellation or
    change.
        (b) Content.--Each notification submitted under subsection (a) with
    respect to a proposed cancellation or change shall include--
                (1) the specific justification for the proposed cancellation
            or change;
                (2) a description of the impact of the proposed cancellation
            or change on the ability of the Department to achieve the
            objectives of the program proposed for cancellation or change;
                (3) a description of the steps that the Department plans to
            take to achieve those objectives; and
                (4) other information relevant to the change in acquisition
            strategy.

        (c) Definitions.--In this section:
                (1) The term ``major automated information system'' has the
            meaning given that term in Department of Defense directive
            5000.1.
                (2) The term ``approved to be fielded'' means having
            received Milestone C approval.

    [[Page 119 STAT. 3374]]

                  Subtitle B--Acquisition Policy and Management

    SEC. 811. <<NOTE: 10 USC 2304 note.>> INTERNAL CONTROLS FOR PROCUREMENTS
                ON BEHALF OF THE DEPARTMENT OF DEFENSE.

        (a) Inspector General Reviews and Determinations.--
                (1) <<NOTE: Deadline.>> In general.--For each covered non-
            defense agency, the Inspector General of the Department of
            Defense and the Inspector General of such non-defense agency
            shall, not later than March 15, 2006, jointly--
                        (A) review--
                              (i) the procurement policies, procedures, and
                          internal controls of such non-defense agency that
                          are applicable to the procurement of property and
                          services on behalf of the Department by such non-
                          defense agency; and
                              (ii) the administration of those policies,
                          procedures, and internal controls; and
                        (B) determine in writing whether--
                              (i) such non-defense agency is compliant with
                          defense procurement requirements;
                              (ii) such non-defense agency is not compliant
                          with defense procurement requirements, but has a
                          program or initiative to significantly improve
                          compliance with defense procurement requirements;
                          or
                              (iii) neither of the conclusions stated in
                          clauses (i) and (ii) is correct in the case of
                          such non-defense agency.
                (2) <<NOTE: Deadline.>> Actions following certain
            determinations.--If the Inspectors General determine under
            paragraph (1) that the conclusion stated in clause (ii) or (iii)
            of subparagraph (B) of that paragraph is correct in the case of
            a covered non-defense agency, such Inspectors General shall, not
            later than June 15, 2007, jointly--
                        (A) conduct a second review, as described in
                    subparagraph (A) of that paragraph, regarding such non-
                    defense agency's procurement of property or services on
                    behalf of the Department of Defense in fiscal year 2006;
                    and
                        (B) determine in writing whether such non-defense
                    agency is or is not compliant with defense procurement
                    requirements.

        (b) Compliance With Defense Procurement Requirements.--For the
    purposes of this section, a covered non-defense agency is compliant with
    defense procurement requirements if such non-defense agency's
    procurement policies, procedures, and internal controls applicable to
    the procurement of products and services on behalf of the Department of
    Defense, and the manner in which they are administered, are adequate to
    ensure such non-defense agency's compliance with the requirements of
    laws and regulations that apply to procurements of property and services
    made directly by the Department of Defense.
        (c) <<NOTE: Contracts.>> Memoranda of Understanding Between
    Inspectors General.--
                (1) <<NOTE: Deadline.>> In general.--Not later than 60 days
            after the date of the enactment of this Act, the Inspector
            General of the

    [[Page 119 STAT. 3375]]

            Department of Defense and the Inspector General of each covered
            non-defense agency shall enter into a memorandum of
            understanding with each other to carry out the reviews and make
            the determinations required by this section.
                (2) Scope of memoranda.--The Inspector General of the
            Department of Defense and the Inspector General of a covered
            non-defense agency may by mutual agreement conduct separate
            reviews of the procurement of property and services on behalf of
            the Department of Defense that are conducted by separate
            business units, or under separate governmentwide acquisition
            contracts, of such non-defense agency. In any case where such
            separate reviews are conducted, the Inspectors General shall
            make separate determinations under paragraph (1) or (2) of
            subsection (a), as applicable, with respect to each such
            separate review.

        (d) Limitations on Procurements on Behalf of Department of
    Defense.--
                (1) Limitation during review period.--After March 15, 2006,
            and before June 16, 2007, no official of the Department of
            Defense may, except as provided in subsection (e) or (f), order,
            purchase, or otherwise procure property or services in an amount
            in excess of $100,000 through a covered non-defense agency for
            which a determination described in paragraph (1)(B)(iii) of
            subsection (a) has been made under that subsection.
                (2) Limitation after review period.--After June 15, 2007, no
            official of the Department of Defense may, except as provided in
            subsection (e) or (f), order, purchase, or otherwise procure
            property or services in an amount in excess of $100,000 through
            a covered non-defense agency that, having been subject to review
            under this section, has not been determined under this section
            as being compliant with defense procurement requirements.
                (3) <<NOTE: Deadline.>> Limitation following failure to
            reach mou.--Commencing on the date that is 60 days after the
            date of the enactment of this Act, if a memorandum of
            understanding between the Inspector General of the Department of
            Defense and the Inspector General of a covered non-defense
            agency cannot be attained causing the review required by this
            section to not be performed, no official of the Department of
            Defense, except as provided in subsection (e) or (f), may order,
            purchase or otherwise procure property or services in an amount
            in excess of $100,000 through such non-defense agency.

        (e) Exception From Applicability of Limitations.--
                (1) Exception.--No limitation applies under subsection (d)
            with respect to the procurement of property and services on
            behalf of the Department of Defense by a covered non-defense
            agency during any period that there is in effect a determination
            of the Under Secretary of Defense for Acquisition, Technology,
            and Logistics, made in writing, that it is necessary in the
            interest of the Department of Defense to continue to procure
            property and services through such non-defense agency.
                (2) Applicability of determination.--A written determination
            with respect to a covered non-defense agency under paragraph (1)
            is in effect for the period, not in excess of one year, that the
            Under Secretary shall specify in the written determination. The
            Under Secretary may extend from time

    [[Page 119 STAT. 3376]]

            to time, for up to one year at a time, the period for which the
            written determination remains in effect.

        (f) Termination of Applicability of Limitations.--Subsection (d)
    shall cease to apply to a covered non-defense agency on the date on
    which the Inspector General of the Department of Defense and the
    Inspector General of such non-defense agency jointly--
                (1) determine that such non-defense agency is compliant with
            defense procurement requirements; and
                (2) <<NOTE: Notification.>> notify the Secretary of Defense
            of that determination.

        (g) Identification of Procurements Made During a Particular Fiscal
    Year.--For the purposes of subsection (a), a procurement shall be
    treated as being made during a particular fiscal year to the extent that
    funds are obligated by the Department of Defense for that procurement in
    that fiscal year.
        (h) Definitions.--In this section:
                (1) The term ``covered non-defense agency'' means each of
            the following:
                        (A) The Department of the Treasury.
                        (B) The Department of the Interior.
                        (C) The National Aeronautics and Space
                    Administration.
                (2) The term ``governmentwide acquisition contract'', with
            respect to a covered non-defense agency, means a task or
            delivery order contract that--
                        (A) is entered into by the non-defense agency; and
                        (B) may be used as the contract under which property
                    or services are procured for 1 or more other departments
                    or agencies of the Federal Government.

    SEC. 812. MANAGEMENT STRUCTURE FOR THE PROCUREMENT OF CONTRACT SERVICES.

        (a) Management Structure.--
                (1) In general.--Section 2330 of title 10, United States
            Code, is amended to read as follows:

    ``Sec. 2330. Procurement of contract services: management structure

        ``(a) Requirement for Management Structure.--The Secretary of
    Defense shall establish and implement a management structure for the
    procurement of contract services for the Department of Defense. The
    management structure shall provide, at a minimum, for the following:
                ``(1) The Under Secretary of Defense for Acquisition,
            Technology, and Logistics shall--
                        ``(A) develop and maintain (in consultation with the
                    service acquisition executives) policies, procedures,
                    and best practices guidelines addressing the procurement
                    of contract services, including policies, procedures,
                    and best practices guidelines for--
                              ``(i) acquisition planning;
                              ``(ii) solicitation and contract award;
                              ``(iii) requirements development and
                          management;
                              ``(iv) contract tracking and oversight;
                              ``(v) performance evaluation; and
                              ``(vi) risk management;
                        ``(B) work with the service acquisition executives
                    and other appropriate officials of the Department of
                    Defense--

    [[Page 119 STAT. 3377]]

                              ``(i) to identify the critical skills and
                          competencies needed to carry out the procurement
                          of contract services on behalf of the Department
                          of Defense;
                              ``(ii) to develop a comprehensive strategy for
                          recruiting, training, and deploying employees to
                          meet the requirements for such skills and
                          competencies; and
                              ``(iii) to ensure that the military
                          departments and Defense Agencies have staff and
                          administrative support that are adequate to
                          effectively perform their duties under this
                          section;
                        ``(C) establish contract services acquisition
                    categories, based on dollar thresholds, for the purpose
                    of establishing the level of review, decision authority,
                    and applicable procedures in such categories; and
                        ``(D) oversee the implementation of the requirements
                    of this section and the policies, procedures, and best
                    practices guidelines established pursuant to
                    subparagraph (A).
                ``(2) The service acquisition executive of each military
            department shall be the senior official responsible for the
            management of acquisition of contract services for or on behalf
            of the military department.
                ``(3) The Under Secretary of Defense for Acquisition,
            Technology, and Logistics shall be the senior official
            responsible for the management of acquisition of contract
            services for or on behalf of the Defense Agencies and other
            components of the Department of Defense outside the military
            departments.

        ``(b) Duties and Responsibilities of Senior Officials Responsible
    for the Management of Acquisition of Contract Services.--(1) Except as
    provided in paragraph (2), the senior officials responsible for the
    management of acquisition of contract services shall assign
    responsibility for the review and approval of procurements in each
    contract services acquisition category established under subsection
    (a)(1)(C) to specific Department of Defense officials, subject to the
    direction, supervision, and oversight of such senior officials.
        ``(2) With respect to the acquisition of contract services by a
    component or command of the Department of Defense the primary mission of
    which is the acquisition of products and services, such acquisition
    shall be conducted in accordance with policies, procedures, and best
    practices guidelines developed and maintained by the Under Secretary of
    Defense for Acquisition, Technology, and Logistics pursuant to
    subsection (a)(1), subject to oversight by the senior officials referred
    to in paragraph (1).
        ``(3) In carrying out paragraph (1), each senior official
    responsible for the management of acquisition of contract services
    shall--
                ``(A) implement the requirements of this section and the
            policies, procedures, and best practices guidelines developed by
            the Under Secretary of Defense for Acquisition, Technology, and
            Logistics pursuant to subsection (a)(1)(A);
                ``(B) authorize the procurement of contract services through
            contracts entered into by agencies outside the Department of
            Defense in appropriate circumstances, in accordance with the
            requirements of section 854 of the Ronald W. Reagan National
            Defense Authorization Act for Fiscal Year 2005 (10 U.S.C. 2304
            note), section 814 of the Strom Thurmond National Defense
            Authorization Act for Fiscal Year 1999 (31 U.S.C. 1535 note),
            and the regulations implementing such sections;

    [[Page 119 STAT. 3378]]

                ``(C) dedicate full-time commodity managers to coordinate
            the procurement of key categories of services;
                ``(D) ensure that contract services are procured by means of
            procurement actions that are in the best interests of the
            Department of Defense and are entered into and managed in
            compliance with applicable laws, regulations, directives, and
            requirements;
                ``(E) ensure that competitive procedures and performance-
            based contracting are used to the maximum extent practicable for
            the procurement of contract services; and
                ``(F) monitor data collection under section 2330a of this
            title, and periodically conduct spending analyses, to ensure
            that funds expended for the procurement of contract services are
            being expended in the most rational and economical manner
            practicable.

        ``(c) Definitions.--In this section:
                ``(1) The term `procurement action' includes the following
            actions:
                        ``(A) Entry into a contract or any other form of
                    agreement.
                        ``(B) Issuance of a task order, delivery order, or
                    military interdepartmental purchase request.
                ``(2) The term `contract services' includes all services
            acquired from private sector entities by or for the Department
            of Defense, other than services relating to research and
            development or military construction.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of chapter 137 of such title is amended by striking
            the item relating to section 2330 and inserting the following
            new item:

    ``2330. Procurement of contract services: management structure.''.

        (b) <<NOTE: 10 USC 2330 note.>> Phased Implementation.--The
    requirements of section 2330 of title 10, United States Code (as added
    by subsection (a)), shall be implemented as follows:
                (1) <<NOTE: Deadlines.>> The Under Secretary of Defense for
            Acquisition, Technology, and Logistics shall--
                        (A) establish an initial set of contract services
                    acquisition categories, based on dollar thresholds, by
                    not later than June 1, 2006; and
                        (B) <<NOTE: Procedures.>> issue an initial set of
                    policies, procedures, and best practices guidelines in
                    accordance with section 2330(a)(1)(A) by not later than
                    October 1, 2006.
                (2) The contract services acquisition categories established
            by the Under Secretary shall include--
                        (A) one or more categories for acquisitions with an
                    estimated value of $250,000,000 or more;
                        (B) one or more categories for acquisitions with an
                    estimated value of at least $10,000,000 but less than
                    $250,000,000; and
                        (C) one or more categories for acquisitions with an
                    estimated value greater than the simplified acquisition
                    threshold but less than $10,000,000.
                (3) <<NOTE: Deadlines.>> The senior officials responsible
            for the management of acquisition of contract services shall
            assign responsibility to specific individuals in the Department
            of Defense for the review and approval of procurements in the
            contract services

    [[Page 119 STAT. 3379]]

            acquisition categories established by the Under Secretary, as
            follows:
                        (A) Not later than October 1, 2006, for all
                    categories established pursuant to paragraph (2)(A).
                        (B) Not later than October 1, 2007, for all
                    categories established pursuant to paragraph (2)(B).
                        (C) Not later than October 1, 2009, for all
                    categories established pursuant to paragraph (2)(C).

        (c) Report.--Not later than one year after the date of the enactment
    of this Act, the Secretary of Defense shall submit to the Committees on
    Armed Services of the Senate and House of Representatives a final report
    on the implementation of section 2330 of title 10, United States Code,
    as added by this section.

    SEC. 813. REPORT ON SERVICE SURCHARGES FOR PURCHASES MADE FOR MILITARY
                DEPARTMENTS THROUGH OTHER DEPARTMENT OF DEFENSE AGENCIES.

        (a) Reports by Military Departments.--For each of fiscal years 2005
    and 2006, the Secretary of each military department shall, not later
    than 180 days after the last day of that fiscal year, submit to the
    Under Secretary of Defense for Acquisition, Technology, and Logistics a
    report on the service charges imposed on such military department for
    purchases in amounts greater than the simplified acquisition threshold
    that were made for that military department during such fiscal year
    through a contract entered into by an agency of the Department of
    Defense other than that military department. The report shall specify
    the amounts of the service charges and identify the services provided in
    exchange for such charges.
        (b) Analysis of Military Department Report.--Not later than 90 days
    after receiving a report of the Secretary of a military department for a
    fiscal year under subsection (a), the Under Secretary of Defense for
    Acquisition, Technology, and Logistics shall review the service charges
    delineated in such report for the acquisitions covered by the report and
    the services provided in exchange for such charges and shall compare
    those charges with the costs of alternative means for making such
    acquisitions. The analysis shall include the Under Secretary's
    determinations of whether the imposition and amounts of the service
    charges were reasonable.
        (c) Reports to Congress.--Not later than October 1, 2006 (for
    reports for fiscal year 2005 under subsection (a)), and not later than
    October 1, 2007 (for reports for fiscal year 2006 under subsection (a)),
    the Under Secretary of Defense for Acquisition, Technology, and
    Logistics shall submit to the congressional defense committees a report
    on the reports submitted by the Secretaries of the military departments
    under subsection (a), together with the Under Secretary's determinations
    under subsection (b) with regard to the matters set forth in those
    reports.
        (d) Simplified Acquisition Threshold Defined.--In this section, the
    term ``simplified acquisition threshold'' has the meaning given such
    term in section 4(11) of the Office of Federal Procurement Policy Act
    (41 U.S.C. 403(11)).

    SEC. 814. REVIEW OF DEFENSE ACQUISITION STRUCTURES AND CAPABILITIES.

        (a) Review by Defense Acquisition University.--The Defense
    Acquisition University, acting under the direction and

    [[Page 119 STAT. 3380]]

    authority of the Under Secretary of Defense for Acquisition, Technology,
    and Logistics, shall conduct a review of the acquisition structures and
    capabilities of the Department of Defense, including the acquisition
    structures and capabilities of the following:
                (1) Each military department.
                (2) Each defense agency.
                (3) Any other element of the Department of Defense that has
            an acquisition function.

        (b) Elements of Review.--
                (1) In general.--In reviewing the acquisition structures and
            capabilities of an organization under subsection (a), the
            Defense Acquisition University shall--
                        (A) determine the current structure of the
                    organization;
                        (B) review the evolution of the current structure of
                    the organization, including the reasons for each
                    reorganization of the structure;
                        (C) identify the capabilities needed by the
                    organization to fulfill its function and assess the
                    capacity of the organization, as currently structured,
                    to provide such capabilities;
                        (D) identify any gaps, shortfalls, or inadequacies
                    relating to acquisitions in the current structures and
                    capabilities of the organization;
                        (E) identify any recruiting, retention, training, or
                    professional development steps that may be needed to
                    address any such gaps, shortfalls, or inadequacies; and
                        (F) make such recommendations as the review team
                    determines to be appropriate.
                (2) Emphasis in review.--In conducting the review of
            acquisition structures and capabilities under subsection (a),
            the University shall place special emphasis on consideration
            of--
                        (A) structures, capabilities, and processes for
                    joint acquisition, including actions that may be needed
                    to improve such structures, capabilities, and processes;
                    and
                        (B) actions that may be needed to improve
                    acquisition outcomes.

        (c) Funding.--The Under Secretary of Defense for Acquisition,
    Technology, and Logistics shall provide the Defense Acquisition
    University the funds required to conduct the review under subsection
    (a).
        (d) Report on Review.--
                (1) In general.--Not later than 180 days after the
            completion of the review required by subsection (a), the
            University shall submit to the Under Secretary of Defense for
            Acquisition, Technology, and Logistics a report on the review.
                (2) Annex.--The report shall include a separate annex on the
            acquisition structures and capabilities on each organization
            covered by the review. The annex--
                        (A) shall address the matters specified under
                    subsection (b) with respect to such organization; and
                        (B) may include such recommendations with respect to
                    such organization as the University considers
                    appropriate.
                (3) Transmittal of final report.--Not later than 90 days
            after the receipt of the report under paragraph (1), the Under

    [[Page 119 STAT. 3381]]

            Secretary shall transmit to the congressional defense committees
            a copy of the report, together with the comments of the Under
            Secretary on the report.

        (e) Defense Acquisition University Defined.--In this section, the
    term ``Defense Acquisition University'' means the Defense Acquisition
    University established pursuant to section 1746 of title 10, United
    States Code.

    SEC. 815. MODIFICATION OF REQUIREMENTS APPLICABLE TO CONTRACTS
                AUTHORIZED BY LAW FOR CERTAIN MILITARY MATERIEL.

        (a) Inclusion of Combat Vehicles Under Requirements.--Section 2401
    of title 10, United States Code, is amended--
                (1) by striking ``vessel or aircraft'' each place it appears
            and inserting ``vessel, aircraft, or combat vehicle'';
                (2) in subsection (c), by striking ``aircraft or naval
            vessel'' each place it appears and inserting ``aircraft, naval
            vessel, or combat vehicle'';
                (3) in subsection (e), by striking ``aircraft or naval
            vessels'' each place it appears and inserting ``aircraft, naval
            vessels, or combat vehicles''; and
                (4) in subsection (f)--
                        (A) by striking ``aircraft and naval vessels'' and
                    inserting ``aircraft, naval vessels, and combat
                    vehicles''; and
                        (B) by striking ``such aircraft and vessels'' and
                    inserting ``such aircraft, vessels, and combat
                    vehicles''.

        (b) Additional Information for Congress.--Subsection (b) of such
    section is amended--
                (1) in paragraph (1)--
                        (A) in subparagraph (B), by striking ``and'' at the
                    end;
                        (B) in subparagraph (C), by striking the period at
                    the end and inserting ``; and''; and
                        (C) by adding at the end the following new
                    subparagraph:
                        ``(D) <<NOTE: Certification.>> the Secretary has
                    certified to those committees--
                              ``(i) that entering into the proposed contract
                          as a means of obtaining the vessel, aircraft, or
                          combat vehicle is the most cost-effective means of
                          obtaining such vessel, aircraft, or combat
                          vehicle; and
                              ``(ii) that the Secretary has determined that
                          the lease complies with all applicable laws,
                          Office of Management and Budget circulars, and
                          Department of Defense regulations.''; and
                (2) by adding at the end the following new paragraphs:

        ``(3) Upon receipt of a notice under paragraph (1)(C), a committee
    identified in paragraph (1)(B) may request the Inspector General of the
    Department of Defense or the Comptroller General of the United States to
    conduct a review of the proposed contract to determine whether or not
    such contract meets the requirements of this section.
        ``(4) <<NOTE: Reports.>> If a review is requested under paragraph
    (3), the Inspector General of the Department of Defense or the
    Comptroller General of the United States, as the case may be, shall
    submit to the Secretary and the congressional defense committees a
    report on such review before the expiration of the period specified in
    paragraph (1)(C).''.

    [[Page 119 STAT. 3382]]

        (c) Applicability of Acquisition Regulations.--Such section is
    further amended--
                (1) by redesignating subsection (f) as subsection (g); and
                (2) by inserting after subsection (e) the following new
            subsection (f):

        ``(f)(1) If a lease or charter covered by this section is a capital
    lease or a lease-purchase--
                ``(A) the lease or charter shall be treated as an
            acquisition and shall be subject to all applicable statutory and
            regulatory requirements for the acquisition of aircraft, naval
            vessels, or combat vehicles; and
                ``(B) funds appropriated to the Department of Defense for
            operation and maintenance may not be obligated or expended for
            the lease or charter.

        ``(2) In this subsection, the terms `capital lease' and `lease-
    purchase' have the meanings given those terms in Appendix B to Office of
    Management and Budget Circular A-11, as in effect on the date of the
    enactment of the National Defense Authorization Act for Fiscal Year
    2006.''.
        (d) Conforming and Clerical Amendments.--
                (1) Section heading.--The heading of such section is amended
            to read as follows:

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

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

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

    SEC. 816. <<NOTE: 10 USC 2305 note.>> GUIDANCE ON USE OF TIERED
                EVALUATIONS OF OFFERS FOR CONTRACTS AND TASK ORDERS UNDER
                CONTRACTS.

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

    SEC. 817. <<NOTE: 10 USC 2302 note.>> JOINT POLICY ON CONTINGENCY
                CONTRACTING.

        (a) Joint Policy.--

    [[Page 119 STAT. 3383]]

                (1) <<NOTE: Deadline.>> Requirement.--Not later than one
            year after the date of the enactment of this Act, the Secretary
            of Defense, in consultation with the Chairman of the Joint
            Chiefs of Staff, shall develop a joint policy for contingency
            contracting during combat operations and post-conflict
            operations.
                (2) Matters covered.--The joint policy for contingency
            contracting required by paragraph (1) shall, at a minimum,
            provide for--
                        (A) the designation of a senior commissioned officer
                    in each military department with the responsibility for
                    administering the policy;
                        (B) the assignment of a senior commissioned officer
                    with appropriate acquisition experience and
                    qualifications to act as head of contingency contracting
                    during combat operations, post-conflict operations, and
                    contingency operations, who shall report directly to the
                    commander of the combatant command in whose area of
                    responsibility the operations occur;
                        (C) an organizational approach to contingency
                    contracting that is designed to ensure that each
                    military department is prepared to conduct contingency
                    contracting during combat operations and post-conflict
                    operations;
                        (D) a requirement to provide training (including
                    training under a program to be created by the Defense
                    Acquisition University) to contingency contracting
                    personnel in--
                              (i) the use of law, regulations, policies, and
                          directives related to contingency contracting
                          operations;
                              (ii) the appropriate use of rapid acquisition
                          methods, including the use of exceptions to
                          competition requirements under section 2304 of
                          title 10, United States Code, sealed bidding,
                          letter contracts, indefinite delivery indefinite
                          quantity task orders, set asides under section
                          8(a) of the Small Business Act (15 U.S.C. 637(a)),
                          undefinitized contract actions, and other tools
                          available to expedite the delivery of goods and
                          services during combat operations or post-conflict
                          operations;
                              (iii) the appropriate use of rapid acquisition
                          authority, commanders' emergency response program
                          funds, and other tools unique to contingency
                          contracting; and
                              (iv) instruction on the necessity for the
                          prompt transition from the use of rapid
                          acquisition authority to the use of full and open
                          competition and other methods of contracting that
                          maximize transparency in the acquisition process;
                        (E) appropriate steps to ensure that training is
                    maintained for such personnel even when they are not
                    deployed in a contingency operation; and
                        (F) such steps as may be needed to ensure jointness
                    and cross-service coordination in the area of
                    contingency contracting.

        (b) Reports.--
                (1) Interim report.--
                        (A) Requirement.--Not later than 270 days after the
                    date of the enactment of this Act, the Secretary of
                    Defense shall submit to the Committees on Armed Services
                    of the

    [[Page 119 STAT. 3384]]

                    Senate and the House of Representatives an interim
                    report on contingency contracting.
                        (B) Matters covered.--The report shall include
                    discussions of the following:
                              (i) Progress in the development of the joint
                          policy under subsection (a).
                              (ii) The ability of the Armed Forces to
                          support contingency contracting.
                              (iii) The ability of commanders of combatant
                          commands to request contingency contracting
                          support and the ability of the military
                          departments and the acquisition support agencies
                          to respond to such requests and provide such
                          support, including the availability of rapid
                          acquisition personnel for such support.
                              (iv) The ability of the current civilian and
                          military acquisition workforce to deploy to combat
                          theaters of operations and to conduct contracting
                          activities during combat and during post-conflict,
                          reconstruction, or other contingency operations.
                              (v) The effect of different periods of
                          deployment on continuity in the acquisition
                          process.
                (2) Final report.--Not later than 18 months after the date
            of the enactment of this Act, the Secretary of Defense shall
            submit to the committees listed in paragraph (1)(A) a final
            report on contingency contracting, containing a discussion of
            the implementation of the joint policy developed under
            subsection (a), including updated discussions of the matters
            covered in the interim report.

        (c) Definitions.--In this section:
                (1) Contingency contracting personnel.--The term
            ``contingency contracting personnel'' means members of the Armed
            Forces and civilian employees of the Department of Defense who
            are members of the defense acquisition workforce and, as part of
            their duties, are assigned to provide support to contingency
            operations (whether deployed or not).
                (2) Contingency contracting.--The term ``contingency
            contracting'' means all stages of the process of acquiring
            property or services by the Department of Defense during a
            contingency operation.
                (3) Contingency operation.--The term ``contingency
            operation'' has the meaning provided in section 101(13) of title
            10, United States Code.
                (4) Acquisition support agencies.--The term ``acquisition
            support agencies'' means Defense Agencies and Department of
            Defense Field Activities that carry out and provide support for
            acquisition-related activities.

    SEC. 818. ACQUISITION STRATEGY FOR COMMERCIAL SATELLITE COMMUNICATION
                SERVICES.

        (a) Requirement for Spend Analysis.--The Secretary of Defense shall,
    as a part of the effort of the Department of Defense to develop a
    revised strategy for acquiring commercial satellite communication
    services, perform a complete spend analysis of the acquisitions by the
    Department of commercial satellite communication services for the period
    from fiscal year 2000 through fiscal year 2005. That analysis shall, at
    a minimum, include a determination of the following:

    [[Page 119 STAT. 3385]]

                (1) Total acquisition costs in aggregate, by fiscal year,
            for items and services purchased.
                (2) Total quantity of items and services purchased.
                (3) Quantity and cost of items and services purchased by
            each entity from each supplier and who used the items and
            services purchased.
                (4) Purchasing patterns that may lead to recommendations in
            which the Department of Defense may centralize operations,
            consolidate requirements, or leverage purchasing power.

        (b) Report on Acquisition Strategy.--
                (1) In general.--Not later than five months after the date
            of the enactment of this Act, the Secretary shall submit to
            Congress a report on the acquisition strategy of the Department
            of Defense for commercial satellite communications services.
                (2) Elements.--The report required by paragraph (1) shall
            include the following:
                        (A) A description of the spend analysis required by
                    subsection (a), including the results of the analysis.
                        (B) The proposed strategy of the Department for
                    acquiring commercial satellite communication services,
                    which--
                              (i) shall be based in appropriate part on the
                          results of the analysis required by subsection
                          (a); and
                              (ii) shall take into account various methods
                          of aggregating purchases and leveraging the
                          purchasing power of the Department, including
                          through the use of multiyear contracting for
                          commercial satellite communication services.
                        (C) A proposal for such legislative action as the
                    Secretary considers necessary to acquire appropriate
                    types and amounts of commercial satellite communications
                    services using methods of aggregating purchases and
                    leveraging the purchasing power of the Department
                    (including the use of multiyear contracting), or if the
                    use of such methods is determined inadvisable, a
                    statement of the rationale for such determination.
                        (D) A proposal for such other legislative action
                    that the Secretary considers necessary to implement the
                    strategy of the Department for acquiring commercial
                    satellite communication services.

    SEC. 819. <<NOTE: 10 USC 2305 note.>> AUTHORIZATION OF EVALUATION FACTOR
                FOR DEFENSE CONTRACTORS EMPLOYING OR SUBCONTRACTING WITH
                MEMBERS OF THE SELECTED RESERVE OF THE RESERVE COMPONENTS OF
                THE ARMED FORCES.

        (a) Defense Contracts.--In awarding any contract for the procurement
    of goods or services to an entity, the Secretary of Defense is
    authorized to use as an evaluation factor whether the entity intends to
    carry out the contract using employees or individual subcontractors who
    are members of the Selected Reserve of the reserve components of the
    Armed Forces.
        (b) Documentation of Selected Reserve-Related Evaluation Factor.--
    Any entity claiming intent to carry out a contract using employees or
    individual subcontractors who are members of the Selected Reserve of the
    reserve components of the Armed

    [[Page 119 STAT. 3386]]

    Forces shall submit proof of the use of such employees or subcontractors
    for the Department of Defense to consider in carrying out subsection (a)
    with respect to that contract.
        (c) Regulations.--The Federal Acquisition Regulation shall be
    revised as necessary to implement this section.

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

    SEC. 821. PARTICIPATION BY DEPARTMENT OF DEFENSE IN ACQUISITION
                WORKFORCE TRAINING FUND.

        (a) Required Contributions to Acquisition Workforce Training Fund by
    Department of Defense.--Section 37(h)(3) of the Office of Federal
    Procurement Policy Act (41 U.S.C. 433(h)(3)) is amended--
                (1) in subparagraph (A), by striking ``other than the
            Department of Defense'' and inserting ``, except as provided in
            subparagraph (D)''; and
                (2) by redesignating subparagraphs (D), (E), (F), and (G) as
            subparagraphs (E), (F), (G), and (H), respectively, and
            inserting after subparagraph (C) the following new subparagraph
            (D):
                ``(D) The Administrator of General Services shall transfer
            to the Secretary of Defense fees collected from the Department
            of Defense pursuant to subparagraph (B), to be used by the
            Defense Acquisition University for purposes of acquisition
            workforce training.''.

        (b) Conforming Amendments.--
                (1) Office of federal procurement policy act.--Section 37(a)
            of the Office of Federal Procurement Policy Act (41 U.S.C.
            433(a)) is amended by striking ``This section'' and inserting
            ``Except as provided in subsection (h)(3), this section''.
                (2) Public law 108-136.--Section 1412 of the National
            Defense Authorization Act for Fiscal Year 2004 (Public Law 108-
            136; 117 Stat. 1664) <<NOTE: 41 USC 433 note.>> is amended by
            striking subsection (c).

        (c) <<NOTE: 41 USC 433 note.>> 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) <<NOTE: 41 USC 433 note.>> Effective Date.--The amendments made
    by this section shall apply with respect to fees collected under
    contracts described in section 37(h)(3)(B) of the Office of Federal
    Procurement Policy Act (41 U.S.C. 433(h)(3)(B)) after the date of the
    enactment of this Act.

    SEC. 822. INCREASE IN COST ACCOUNTING STANDARD THRESHOLD.

        Section 26(f)(2)(A) of the Office of Federal Procurement Policy Act
    (41 U.S.C. 422(f)(A)) is amended by striking ``$500,000'' and inserting
    ``the amount set forth in section 2306a(a)(1)(A)(i) of title 10, United
    States Code, as such amount is adjusted in accordance with applicable
    requirements of law''.

    [[Page 119 STAT. 3387]]

    SEC. 823. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN PROTOTYPE
                PROJECTS.

         Section 845 of the National Defense Authorization Act for Fiscal
    Year 1994 (10 U.S.C. 2371 note) is amended--
                (1) in subsection (a)--
                        (A) by striking ``The Director'' and inserting ``(1)
                    Subject to paragraph (2), the Director''; and
                        (B) by adding at the end the following new
                    paragraphs:

        ``(2) The authority of this section--
                ``(A) may be exercised for a prototype project that is
            expected to cost the Department of Defense in excess of
            $20,000,000 but not in excess of $100,000,000 only upon a
            written determination by the senior procurement executive for
            the agency (as designated for the purpose of section 16(c) of
            the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))
            that--
                        ``(i) the requirements of subsection (d) will be
                    met; and
                        ``(ii) the use of the authority of this section is
                    essential to promoting the success of the prototype
                    project; and
                ``(B) may be exercised for a prototype project that is
            expected to cost the Department of Defense in excess of
            $100,000,000 only if--
                        ``(i) the Under Secretary of Defense for
                    Acquisition, Technology, and Logistics determines in
                    writing that--
                              ``(I) the requirements of subsection (d) will
                          be met; and
                              ``(II) the use of the authority of this
                          section is essential to meet critical national
                          security objectives; and
                        ``(ii) <<NOTE: Notification. Deadline.>> the
                    congressional defense committees are notified in writing
                    at least 30 days before such authority is exercised.

        ``(3) The authority of a senior procurement executive under
    paragraph (2)(A), and the authority of the Under Secretary of Defense
    for Acquisition, Technology, and Logistics under paragraph (2)(B), may
    not be delegated.'';
                (2) by redesignating subsection (h) as subsection (i); and
                (3) by inserting after subsection (g) the following new
            subsection (h):

        ``(h) Applicability of Procurement Ethics Requirements.--An
    agreement entered into under the authority of this section shall be
    treated as a Federal agency procurement for the purposes of section 27
    of the Office of Federal Procurement Policy Act (41 U.S.C. 423).''.

    SEC. 824. INCREASED LIMIT APPLICABLE TO ASSISTANCE PROVIDED UNDER
                CERTAIN PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.

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

    [[Page 119 STAT. 3388]]

          Subtitle D--United States Defense Industrial Base Provisions

    SEC. 831. CLARIFICATION OF EXCEPTION FROM BUY AMERICAN REQUIREMENTS FOR
                PROCUREMENT OF PERISHABLE FOOD FOR ESTABLISHMENTS OUTSIDE
                THE UNITED STATES.

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

    SEC. 832. <<NOTE: 10 USC 2533a note.>> TRAINING FOR DEFENSE ACQUISITION
                WORKFORCE ON THE REQUIREMENTS OF THE BERRY AMENDMENT.

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

    SEC. 833. AMENDMENTS TO DOMESTIC SOURCE REQUIREMENTS RELATING TO
                CLOTHING MATERIALS AND COMPONENTS COVERED.

        (a) Notice.--Section 2533a of title 10, United States Code, is
    amended by adding at the end the following new subsection:
        ``(k) <<NOTE: Deadline.>> 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)''.

    [[Page 119 STAT. 3389]]

                            Subtitle E--Other Matters

    SEC. 841. REVIEW AND REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO IDENTIFY
                CONTRACT FRAUD, WASTE, AND ABUSE.

        (a) Review by Comptroller General.--The Comptroller General shall
    conduct a review of efforts by the Department of Defense to identify and
    assess the areas of vulnerability of Department of Defense contracts to
    fraud, waste, and abuse.
        (b) Matters Covered.--
                (1) In general.--In conducting the review, the Comptroller
            General shall summarize the ongoing efforts of the Department of
            Defense, including the reviews described in paragraph (2), and
            make recommendations about areas not addressed or items that
            need further investigation.
                (2) Department of defense reviews.--The reviews by the
            Department of Defense referred to in paragraph (1) are the
            following:
                        (A) A report by a task force of the Defense Science
                    Board dated March 2005 and titled ``Management Oversight
                    in Acquisition Organizations''.
                        (B) An audit by the Inspector General of the
                    Department of Defense titled ``Service Acquisition
                    Executives Management Oversight and Procurement
                    Authority''.
                        (C) A task force to address contract fraud, waste,
                    and abuse designated by the Deputy Secretary of Defense.

        (c) Report.--Not later than 180 days after the date of the enactment
    of this Act, the Comptroller General shall submit to the Committees on
    Armed Services of the Senate and the House of Representatives a report
    on the results of the review, including the Comptroller General's
    findings and recommendations.

    SEC. 842. EXTENSION OF CONTRACT GOAL FOR SMALL DISADVANTAGED BUSINESSES
                AND CERTAIN INSTITUTIONS OF HIGHER EDUCATION.

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

    SEC. 843. EXTENSION OF DEADLINE FOR REPORT OF ADVISORY PANEL ON LAWS AND
                REGULATIONS ON ACQUISITION PRACTICES.

        Section 1423(d) of the Services Acquisition Reform Act of 2003
    (title XIV of Public Law 108-136; 117 Stat. 1669; 41 U.S.C. 405 note) is
    amended by striking ``one year'' and inserting ``18 months''.

    SEC. 844. EXCLUSION OF CERTAIN SECURITY EXPENSES FROM CONSIDERATION FOR
                PURPOSE OF SMALL BUSINESS SIZE STANDARDS.

        Section 3(a) of the Small Business Act (15 U.S.C. 632(a)), is
    amended by adding at the end the following:
                ``(4) Exclusion of certain security expenses from
            consideration for purpose of small business size standards.--
                        ``(A) <<NOTE: Deadline.>> Determination required.--
                    Not later than 30 days after the date of enactment of
                    this paragraph, the Administrator shall review the
                    application of size standards established pursuant to
                    paragraph (2) to small business

    [[Page 119 STAT. 3390]]

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

    SEC. 845. DISASTER RELIEF FOR SMALL BUSINESS CONCERNS DAMAGED BY
                DROUGHT.

        (a) Drought Disaster Authority.--
                (1) Definition of disaster.--Section 3(k) of the Small
            Business Act (15 U.S.C. 632(k)) is amended--
                        (A) by inserting ``(1)'' after ``(k)''; and
                        (B) by adding at the end the following:

        ``(2) For purposes of section 7(b)(2), the term `disaster'
    includes--
                ``(A) drought; and
                ``(B) below average water levels in the Great Lakes, or on
            any body of water in the United States that supports commerce by
            small business concerns.''.
                (2) Drought disaster relief authority.--Section 7(b)(2) of
            the Small Business Act (15 U.S.C. 636(b)(2)) is amended--
                        (A) by inserting ``(including drought), with respect
                    to both farm-related and nonfarm-related small business
                    concerns,'' before ``if the Administration''; and
                        (B) in subparagraph (B), by striking ``the
                    Consolidated Farmers Home Administration Act of 1961 (7
                    U.S.C. 1961)'' and inserting the following: ``section
                    321 of the Consolidated Farm and Rural Development Act
                    (7 U.S.C. 1961), in which case, assistance under this
                    paragraph may be provided to farm-related and nonfarm-
                    related small business concerns, subject to the other
                    applicable requirements of this paragraph''.

    [[Page 119 STAT. 3391]]

        (b) Limitation on Loans.--From funds otherwise appropriated for
    loans under section 7(b) of the Small Business Act (15 U.S.C. 636(b)),
    not more than $9,000,000 may be used during each of fiscal years 2005
    through 2008, to provide drought disaster loans to nonfarm-related small
    business concerns in accordance with this section and the amendments
    made by this section.
        (c) <<NOTE: Deadline.>> Prompt Response to Disaster Requests.--
    Section 7(b)(2)(D) of the Small Business Act (15 U.S.C. 636(b)(2)(D)) is
    amended by striking ``Upon receipt of such certification, the
    Administration may'' and inserting ``Not later than 30 days after the
    date of receipt of such certification by a Governor of a State, the
    Administration shall respond in writing to that Governor on its
    determination and the reasons therefore, and may''.

        (d) <<NOTE: Deadline. 15 USC 632 note.>> Rulemaking.--Not later than
    45 days after the date of enactment of this Act, the Administrator of
    the Small Business Administration shall promulgate final rules to carry
    out this section and the amendments made by this section.

    SEC. 846. EXTENSION OF LIMITED ACQUISITION AUTHORITY FOR THE COMMANDER
                OF THE UNITED STATES JOINT FORCES COMMAND.

        (a) Extension of Authority.--Subsection (f) of section 167a of title
    10, United States Code, is amended--
                (1) by striking ``through 2006'' and inserting ``through
            2008''; and
                (2) by striking ``September 30, 2006'' and inserting
            ``September 30, 2008''.

        (b) Report.--Not later than one year after the date of the enactment
    of this Act, the Comptroller General shall submit to the Committees on
    Armed Services of the Senate and House of Representatives a report on
    the implementation of section 167a of title 10, United States Code.

    SEC. 847. CIVILIAN BOARD OF CONTRACT APPEALS.

        (a) In General.--The Office of Federal Procurement Policy Act (41
    U.S.C. 401 et seq.) is amended by adding at the end the following new
    section:

    ``SEC. 42. <<NOTE: 41 USC 438.>> CIVILIAN BOARD OF CONTRACT APPEALS.

        ``(a) Board Established.--There is established in the General
    Services Administration a board of contract appeals to be known as the
    Civilian Board of Contract Appeals (in this section referred to as the
    `Civilian Board').
        ``(b) Membership.--
                ``(1) Appointment.--(A) The Civilian Board shall consist of
            members appointed by the Administrator of General Services (in
            consultation with the Administrator for Federal Procurement
            Policy) from a register of applicants maintained by the
            Administrator of General Services, in accordance with rules
            issued by the Administrator of General Services (in consultation
            with the Administrator for Federal Procurement Policy) for
            establishing and maintaining a register of eligible applicants
            and selecting Civilian Board members. The Administrator of
            General Services shall appoint a member without regard to
            political affiliation and solely on the basis of the
            professional qualifications required to perform the duties and
            responsibilities of a Civilian Board member.

    [[Page 119 STAT. 3392]]

                ``(B) The members of the Civilian Board shall be selected
            and appointed to serve in the same manner as administrative law
            judges appointed pursuant to section 3105 of title 5, United
            States Code, with an additional requirement that such members
            shall have had not fewer than five years of experience in public
            contract law.
                ``(C) Notwithstanding subparagraph (B) and subject to
            paragraph (2), the following persons shall serve as Civilian
            Board members: any full-time member of any agency board of
            contract appeals other than the Armed Services Board of Contract
            Appeals, the Postal Service Board of Contract Appeals, and the
            board of contract appeals of the Tennessee Valley Authority
            serving as such on the day before the effective date of this
            section.
                ``(2) Removal.--Members of the Civilian Board shall be
            subject to removal in the same manner as administrative law
            judges, as provided in section 7521 of title 5, United States
            Code.
                ``(3) Compensation.--Compensation for members of the
            Civilian Board shall be determined under section 5372a of title
            5, United States Code.

        ``(c) Functions.--
                ``(1) In general.--The Civilian Board shall have
            jurisdiction as provided by section 8(d) of the Contract
            Disputes Act of 1978 (41 U.S.C. 607(b)).
                ``(2) Additional jurisdiction.--The Civilian Board may, with
            the concurrence of the Federal agency or agencies affected--
                        ``(A) assume jurisdiction over any additional
                    category of laws or disputes over which an agency board
                    of contract appeals established pursuant to section 8 of
                    the Contract Disputes Act exercised jurisdiction before
                    the effective date of this section; and
                        ``(B) assume any other functions performed by such a
                    board before such effective date on behalf of such
                    agencies.''.

        (b) <<NOTE: 41 USC 607 note.>> Transfers.--The personnel employed in
    connection with, and the assets, liabilities, contracts, property,
    records, and unexpended balance of appropriations, authorizations,
    allocations, and other funds employed, held, used, arising from,
    available to, or to be made available in connection with the functions
    vested by law in the agency boards of contract appeals established
    pursuant to section 8 of the Contract Disputes Act of 1978 (41 U.S.C.
    607) (as in effect on the day before the effective date described in
    subsection (g)) other than the Armed Services Board of Contract Appeals,
    the board of contract appeals of the Tennessee Valley Authority, and the
    Postal Service Board of Contract Appeals shall be transferred to the
    Civilian Board of Contract Appeals for appropriate allocation by the
    Chairman of that Board.

        (c) <<NOTE: 41 USC 607 note.>> Termination of Boards of Contract
    Appeals.--
                (1) Termination.--Effective on the effective date described
            in subsection (g), the agency boards of contract appeals
            established pursuant to section 8 of the Contract Disputes Act
            of 1978 (41 U.S.C. 607) (as in effect on the day before such
            effective date), other than the Armed Services Board of Contract
            Appeals, the board of contract appeals of the Tennessee Valley

    [[Page 119 STAT. 3393]]

            Authority, and the Postal Service Board of Contract Appeals,
            shall terminate.
                (2) Savings provision.--(A) This section and the amendments
            made by this section shall not affect any proceedings pending on
            the effective date described in subsection (g) before any agency
            board of contract appeals terminated by paragraph (1).
                (B) In the case of any such proceedings pending before an
            agency board of contract appeals other than the Armed Services
            Board of Contract Appeals or the board of contract appeals of
            the Tennessee Valley Authority, the proceedings shall be
            continued by the Civilian Board of Contract Appeals, and orders
            which were issued in any such proceeding by the agency board
            shall continue in effect until modified, terminated, superseded,
            or revoked by the Civilian Board of Contract Appeals, by a court
            of competent jurisdiction, or by operation of law.

        (d) Amendments to Contracts Disputes Act.--
                (1) Amendments to definitions.--Section 2 of the Contract
            Disputes Act of 1978 (41 U.S.C. 601) is amended--
                        (A) in paragraph (2), by striking ``, the United
                    States Postal Service, and the Postal Rate Commission'';
                        (B) by redesignating paragraph (7) as paragraph (9);
                        (C) by amending paragraph (6) to read as follows:
                ``(6) the terms `agency board' or `agency board of contract
            appeals' mean--
                        ``(A) the Armed Services Board of Contract Appeals
                    established under section 8(a)(1) of this Act;
                        ``(B) the Civilian Board of Contract Appeals
                    established under section 42 of the Office of Federal
                    Procurement Policy Act (41 U.S.C. 403 et seq.);
                        ``(C) the board of contract appeals of the Tennessee
                    Valley Authority; or
                        ``(D) the Postal Service Board of Contract Appeals
                    established under section 8(c) of this Act;''; and
                        (D) by inserting after paragraph (6) the following
                    new paragraphs:
                ``(7) the term `Armed Services Board' means the Armed
            Services Board of Contract Appeals established under section
            8(a)(1) of this Act;
                ``(8) the term `Civilian Board' means the Civilian Board of
            Contract Appeals established under section 42 of the Office of
            Federal Procurement Policy Act (41 U.S.C. 403 et seq.); and''.
                (2) Amendments relating to jurisdiction.--Section 8 of the
            Contract Disputes Act of 1978 (41 U.S.C. 607) is amended--
                        (A) in subsection (d)--
                              (i) by striking the first sentence and
                          inserting the following: ``The Armed Services
                          Board shall have jurisdiction to decide any appeal
                          from a decision of a contracting officer of the
                          Department of Defense, the Department of the Army,
                          the Department of the Navy, the Department of the
                          Air Force, or the National Aeronautics and Space
                          Administration relative to a contract made by that
                          department or agency. The Civilian Board shall
                          have jurisdiction to decide any appeal from

    [[Page 119 STAT. 3394]]

                          a decision of a contracting officer of any
                          executive agency (other than the Department of
                          Defense, the Department of the Army, the
                          Department of the Navy, the Department of the Air
                          Force, the National Aeronautics and Space
                          Administration, the United States Postal Service,
                          the Postal Rate Commission, or the Tennessee
                          Valley Authority) relative to a contract made by
                          that agency. Each other agency board shall have
                          jurisdiction to decide any appeal from a decision
                          of a contracting officer relative to a contract
                          made by its agency.''; and
                              (ii) in the second sentence, by striking
                          ``Claims Court'' and inserting ``Court of Federal
                          Claims'';
                        (B) by striking subsection (c) and inserting the
                    following:

        ``(c) <<NOTE: Establishment.>> There is established an agency board
    of contract appeals to be known as the `Postal Service Board of Contract
    Appeals'. Such board shall have jurisdiction to decide any appeal from a
    decision of a contracting officer of the United States Postal Service or
    the Postal Rate Commission relative to a contract made by either agency.
    Such board shall consist of judges appointed by the Postmaster General
    who shall meet the qualifications of and serve in the same manner as
    members of the Civilian Board of Contract
    Appeals. <<NOTE: Applicability.>> This Act shall apply to contract
    disputes before the Postal Service Board of Contract Appeals in the same
    manner as they apply to contract disputes before the Civilian Board.''.
                (3) Conforming amendments.--Section 8 of the Contract
            Disputes Act of 1978 (41 U.S.C. 607) is further amended--
                        (A) in subsection (a)(1)--
                              (i) by striking ``Except as provided in
                          paragraph (2) an agency board of contract
                          appeals'' and inserting ``An Armed Services Board
                          of Contract Appeals''; and
                              (ii) by striking ``an executive agency when
                          the agency head'' and inserting ``the Department
                          of Defense when the Secretary of Defense''; and
                        (B) in subsection (b)(1)--
                              (i) by striking ``Except as provided in
                          paragraph (2), the members of agency boards'' and
                          inserting ``The members of the Armed Services
                          Board of Contract Appeals'';
                              (ii) in the second sentence, by striking
                          ``agency boards'' and inserting ``such Board'';
                              (iii) in the third sentence, by striking
                          ``each board'' and inserting ``such Board'' and by
                          striking ``the agency head'' and inserting ``the
                          Secretary of Defense''; and
                              (iv) in the fourth sentence, by striking ``an
                          agency board'' and inserting ``such Board''.
                (4) Repeal of obsolete provisions.--Section 8 of the
            Contract Disputes Act of 1978 (41 U.S.C. 607) is further amended
            by striking subsections (h) and (i).

        (e) <<NOTE: 41 USC 607 note.>> References.--Any reference to an
    agency board of contract appeals other than the Armed Services Board of
    Contract Appeals, the board of contract appeals of the Tennessee Valley
    Authority, or the Postal Service Board of Contract Appeals in any
    provision of law or in any rule, regulation, or other paper of the
    United States shall be treated as referring to the Civilian Board of
    Contract

    [[Page 119 STAT. 3395]]

    Appeals established under section 42 of the Office of Federal
    Procurement Policy Act.

        (f) Conforming and Clerical Amendments.--(1) Section 5372a(a)(1) of
    title 5, United States Code, is amended by inserting after ``of 1978''
    the following: ``or a member of the Civilian Board of Contract Appeals
    appointed under section 42 of the Office of Federal Procurement Policy
    Act''.
        (2) The table of contents for the Office of Federal Procurement
    Policy Act (contained in section 1(b)) is amended by adding at the end
    the following new item:

    ``42. Civilian Board of Contract Appeals.''.

        (g) <<NOTE: 5 USC 5372a note.>> Effective Date.--Section 42 of the
    Office of Federal Procurement Policy Act, as added by this section, and
    the amendments and repeals made by this section, shall take effect 1
    year after the date of the enactment of this Act.

    SEC. 848. STATEMENT OF POLICY AND REPORT RELATING TO CONTRACTING WITH
                EMPLOYERS OF PERSONS WITH DISABILITIES.

        (a) Extensions of Inapplicability of Certain Acts.--Section 853 of
    the Ronald W. Reagan National Defense Authorization Act for Fiscal Year
    2005 (Public Law 108-375; 118 Stat. 2021) is amended in subsections
    (a)(2)(A) and (b)(2)(A) by striking ``2005'' and inserting ``2006''.
        (b) <<NOTE: 41 USC 46 note.>> Statement of Policy.--The Secretary of
    Defense, the Secretary of Education, and the Chairman of the Committee
    for Purchase From People Who Are Blind or Severely Disabled shall
    jointly issue a statement of policy related to the implementation of the
    Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and the Javits-Wagner-
    O'Day Act (41 U.S.C. 48) within the Department of Defense and the
    Department of Education. The joint statement of policy shall
    specifically address the application of those Acts to both operation and
    management of all or any part of a military mess hall, military troop
    dining facility, or any similar dining facility operated for the purpose
    of providing meals to members of the Armed Forces, and shall take into
    account and address, to the extent practicable, the positions acceptable
    to persons representing programs implemented under each Act.

        (c) <<NOTE: 41 USC 46 note.>> Report.--Not later than April 1, 2006,
    the Secretary of Defense, the Secretary of Education, and the Chairman
    of the Committee for Purchase From People Who Are Blind or Severely
    Disabled shall submit to the Committees on Armed Services of the Senate
    and the House of Representatives, the Committee on Health, Education,
    Labor and Pensions of the Senate, and the Committee on Education and the
    Workforce of the House of Representatives a report describing the joint
    statement of policy issued under subsection (b), with such findings and
    recommendations as the Secretaries consider appropriate.

    SEC. 849. STUDY ON DEPARTMENT OF DEFENSE CONTRACTING WITH SMALL BUSINESS
                CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.

        (a) Study Required.--The Secretary of Defense shall conduct a study
    on Department of Defense procurement contracts with small business
    concerns owned and controlled by service-disabled veterans.

    [[Page 119 STAT. 3396]]

        (b) Elements of Study.--The study required by subsection (a) shall
    include the following determinations:
                (1) Any steps taken by the Department of Defense to meet the
            Government-wide goal of participation by small business concerns
            owned and controlled by service-disabled veterans in at least 3
            percent of the total value of all prime contract and subcontract
            awards, as required under section 15(g) of the Small Business
            Act (15 U.S.C. 644(g)).
                (2) If the Department of Defense has failed to meet such
            goal, an explanation of the reasons for such failure.
                (3) Any steps taken within the Department of Defense to make
            contracting officers aware of the 3 percent goal and to ensure
            that procurement officers are working actively to achieve such
            goal.
                (4) An estimate of the number of appropriately qualified
            small business concerns owned and controlled by service-disabled
            veterans which submitted responsive offers on contracts with the
            Department of Defense during the preceding fiscal year.
                (5) Any outreach efforts made by the Department to enter
            into contracts with small business concerns owned and controlled
            by service-disabled veterans.
                (6) Any additional outreach efforts the Department should
            make.
                (7) The appropriate role of prime contractors in achieving
            goals established for small business concerns owned and
            controlled by service-disabled veterans under section 36 of the
            Small Business Act (15 U.S.C. 657f).

        (c) Report.--Not later than one year after the date of the enactment
    of this Act, the Secretary shall submit to Congress a report on the
    findings of the study conducted under this section.
        (d) Small Business Concern Owned and Controlled by Service-Disabled
    Veterans.--In this section, the term ``small business concern owned and
    controlled by service-disabled veterans'' has the meaning given that
    term in section 3(q) of the Small Business Act (15 U.S.C. 632(q)).

           TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

          Subtitle A--General Department of Defense Management Matters

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

    [[Page 119 STAT. 3397]]

                          Subtitle B--Space Activities

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

                  Subtitle C--Chemical Demilitarization Program

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

                    Subtitle D--Intelligence-Related Matters

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

          Subtitle A--General Department of Defense Management Matters

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

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

        (b) Conforming Amendment.--Section 5315 of such title is amended by
    striking the following:
                        ``Under Secretary of the Air Force.
                        ``Under Secretary of the Army.
                        ``Under Secretary of the Navy.''.

    SEC. 902. EXPANSION OF ELIGIBILITY FOR LEADERSHIP OF DEPARTMENT OF
                DEFENSE TEST RESOURCE MANAGEMENT CENTER.

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

    SEC. 903. STANDARDIZATION OF AUTHORITY FOR ACCEPTANCE OF GIFTS AND
                DONATIONS FOR DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR
                SECURITY STUDIES.

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

    [[Page 119 STAT. 3398]]

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

        ``(a) Authority to Accept Gifts and Donations.--(1) Subject to
    subsection (c), the Secretary of Defense may, on behalf of any
    Department of Defense regional center for security studies, any
    combination of such centers, or such centers generally, accept from any
    source specified in subsection (b) any gift or donation for purposes of
    defraying the costs or enhancing the operation of such a center,
    combination of centers, or centers generally, as the case may be.
        ``(2) For purposes of this section, the Department of Defense
    regional centers for security studies are the following:
                ``(A) The George C. Marshall European Center for Security
            Studies.
                ``(B) The Asia-Pacific Center for Security Studies.
                ``(C) The Center for Hemispheric Defense Studies.
                ``(D) The Africa Center for Strategic Studies.
                ``(E) The Near East South Asia Center for Strategic Studies.

        ``(b) Sources.--The sources from which gifts and donations may be
    accepted under subsection (a) are the following:
                ``(1) The government of a State or a political subdivision
            of a State.
                ``(2) The government of a foreign country.
                ``(3) A foundation or other charitable organization,
            including a foundation or charitable organization this is
            organized or operates under the laws of a foreign country.
                ``(4) Any source in the private sector of the United States
            or a foreign country.

        ``(c) Limitation.--The Secretary may not accept a gift or donation
    under subsection (a) if acceptance of the gift or donation would
    compromise or appear to compromise--
                ``(1) the ability of the Department of Defense, any employee
            of the Department, or any member of the armed forces to carry
            out the responsibility or duty of the Department in a fair and
            objective manner; or
                ``(2) the integrity of any program of the Department, or of
            any person involved in such a program.

        ``(d) Criteria for Acceptance.--The Secretary shall prescribe
    written guidance setting forth the criteria to be used in determining
    whether the acceptance of a gift or donation would have a result
    described in subsection (c).
        ``(e) Crediting of Funds.--Funds accepted by the Secretary under
    section (a) shall be credited to appropriations available to the
    Department of Defense for the regional center, combination of centers,
    or centers generally for which accepted. Funds so credited shall be
    merged with the appropriations to which credited and shall be available
    for the regional center, combination of centers, or centers generally,
    as the case may be, for the same purposes as the appropriations with
    which merged. Any funds accepted under this section shall remain
    available until expended.
        ``(f) Gift or Donation Defined.--In this section, the term `gift or
    donation' means any gift or donation of funds, materials (including
    research materials), real or personal property, or services (including
    lecture services and faculty services).''.

    [[Page 119 STAT. 3399]]

                (2) Clerical amendment.--The item relating to section 2611
            in the table of sections at the beginning of chapter 155 of such
            title is amended to read as follows:

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

        (b) Annual Report on Gift Acceptance.--Section 184(b)(4) of title
    10, United States Code, is amended by striking ``under any of the'' and
    all that follows and inserting ``under section 2611 of this title.''.
        (c) Conforming Amendments.--
                (1) Section 1306 of the National Defense Authorization Act
            for Fiscal Year 1995 <<NOTE: 10 USC 113 note.>> (Public Law 103-
            337; 108 Stat. 2892) is amended--
                        (A) by striking subsection (a);
                        (B) by redesignating subsection (b) as subsection
                    (a);
                        (C) by striking ``(1)'' the first place it appears;
                        (D) by redesignating paragraph (2) as subsection
                    (b);
                        (E) by inserting ``Source of Funds.--'' before
                    ``Costs for''; and
                        (F) by striking ``paragraph (1)'' and insertion
                    ``subsection (a)''.
                (2) Section 1065 of the National Defense Authorization Act
            for Fiscal Year 1997 (10 U.S.C. 113 note) is amended--
                        (A) by striking subsection (a); and
                        (B) by redesignating subsections (b) and (c) as
                    subsections (a) and (b), respectively.

    SEC. 904. <<NOTE: 10 USC 144 note.>> DIRECTORS OF SMALL BUSINESS
                PROGRAMS IN DEPARTMENT OF DEFENSE AND MILITARY DEPARTMENTS.

        (a) Redesignation of Existing Positions and Offices.--
                (1) Positions redesignated.--The following positions within
            the Department of Defense are redesignated as follows:
                        (A) The Director of Small and Disadvantaged Business
                    Utilization of the Department of Defense is redesignated
                    as the Director of Small Business Programs of the
                    Department of Defense.
                        (B) The Director of Small and Disadvantaged Business
                    Utilization of the Department of the Army is
                    redesignated as the Director of Small Business Programs
                    of the Department of the Army.
                        (C) The Director of Small and Disadvantaged Business
                    Utilization of the Department of the Navy is
                    redesignated as the Director of Small Business Programs
                    of the Department of the Navy.
                        (D) The Director of Small and Disadvantaged Business
                    Utilization of the Department of the Air Force is
                    redesignated as the Director of Small Business Programs
                    of the Department of the Air Force.
                (2) Offices redesignated.--The following offices within the
            Department of Defense are redesignated as follows:
                        (A) The Office of Small and Disadvantaged Business
                    Utilization of the Department of Defense is redesignated
                    as the Office of Small Business Programs of the
                    Department of Defense.
                        (B) The Office of Small and Disadvantaged Business
                    Utilization of the Department of the Army is
                    redesignated as the Office of Small Business Programs of
                    the Department of the Army.

    [[Page 119 STAT. 3400]]

                        (C) The Office of Small and Disadvantaged Business
                    Utilization of the Department of the Navy is
                    redesignated as the Office of Small Business Programs of
                    the Department of the Navy.
                        (D) The Office of Small and Disadvantaged Business
                    Utilization of the Department of the Air Force is
                    redesignated as the Office of Small Business Programs of
                    the Department of the Air Force.
                (3) References.--Any reference in any law, regulation,
            document, paper, or other record of the United States to a
            position or office redesignated by paragraph (1) or (2) shall be
            deemed to be a reference to the position or office as so
            redesignated.

        (b) Department of Defense.--
                (1) OSD position and office.--Chapter 4 of title 10, United
            States Code, is amended by adding at the end the following new
            section:

    ``Sec. 144. Director of Small Business Programs

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

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

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

    ``Sec. 3024. Director of Small Business Programs

        ``(a) Director.--There is a Director of Small Business Programs in
    the Department of the Army. The Director is appointed by the Secretary
    of the Army.
        ``(b) Office of Small Business Programs.--The Office of Small
    Business Programs of the Department of the Army is the office that is
    established within the Department of the Army under section 15(k) of the
    Small Business Act (15 U.S.C. 644(k)). The Director of Small Business
    Programs is the head of such office.
        ``(c) Duties and Powers.--(1) The Director of Small Business
    Programs shall, subject to paragraph (2), perform such duties regarding
    small business programs of the Department of the Army,

    [[Page 119 STAT. 3401]]

    and shall exercise such powers regarding those programs, as the
    Secretary of the Army may prescribe.
        ``(2) <<NOTE: Applicability.>> Section 15(k) of the Small Business
    Act (15 U.S.C. 644(k)), except for the designations of the Director and
    the Office, applies to the Director of Small Business Programs.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of such chapter is amended by adding at the end the
            following new item:

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

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

    ``Sec. 5028. Director of Small Business Programs

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

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

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

    ``Sec. 8024. Director of Small Business Programs

        ``(a) Director.--There is a Director of Small Business Programs in
    the Department of the Air Force. The Director is appointed by the
    Secretary of the Air Force.
        ``(b) Office of Small Business Programs.--The Office of Small
    Business Programs of the Department of the Air Force is the office that
    is established within the Department of the Air Force under section
    15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of
    Small Business Programs is the head of such office.
        ``(c) Duties and Powers.--(1) The Director of Small Business
    Programs shall, subject to paragraph (2), perform such duties regarding
    small business programs of the Department of the Air Force, and shall
    exercise such powers regarding those programs, as the Secretary of the
    Air Force may prescribe.

    [[Page 119 STAT. 3402]]

        ``(2) <<NOTE: Applicability.>> Section 15(k) of the Small Business
    Act (15 U.S.C. 644(k)), except for the designations of the Director and
    the Office, applies to the Director of Small Business Programs.''.
                (2) Clerical amendment.--The table of sections at the
            beginning of such chapter is amended by adding at the end the
            following new item:

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

    SEC. 905. PLAN TO DEFEND THE HOMELAND AGAINST CRUISE MISSILES AND OTHER
                LOW-ALTITUDE AIRCRAFT.

        (a) <<NOTE: Deadline.>> Plan Required.--Not later than 180 days
    after the date of the enactment of this Act, the Secretary of Defense
    shall submit to the congressional defense committees a plan for the
    defense of the United States homeland against cruise missiles, unmanned
    aerial vehicles, and other low-altitude aircraft that may be launched in
    an attack against the United States homeland.

        (b) Focus of Plan.--In developing the plan, the Secretary shall
    focus on the role of Department of Defense components in the defense of
    the homeland against an attack described in subsection (a), but shall
    also address the role, if any, of other departments and agencies of the
    United States Government in that defense.
        (c) Elements of Plan.--The plan shall include the following:
                (1) The identification of an official or office within the
            Department of Defense to be responsible for coordinating the
            implementation of the plan described in subsection (a) from both
            an operational and acquisition perspective.
                (2) Identification of (A) the capabilities required by the
            Department of Defense in order to fulfill the mission of the
            Department to defend the homeland against attack by cruise
            missiles, unmanned aerial vehicles, and other low-altitude
            aircraft, and (B) any current shortfall in those capabilities.
                (3) Identification of each element of the Department of
            Defense that will be responsible under the plan for acquisition
            in order to achieve one or more of the capabilities identified
            pursuant to paragraph (2).
                (4) A schedule for implementing the plan.
                (5) A statement of the funding required to implement the
            Department of Defense portion of the plan.
                (6) An identification of the roles and missions, if any, of
            other departments and agencies of the United States Government
            in contributing to the defense of the homeland against attack
            described in paragraph (2).

        (d) Scope of Plan.--The plan shall be coordinated with plans of the
    Department of Defense for defending the United States homeland against
    attack by short-range to medium-range ballistic missiles.

    SEC. 906. PROVISION OF AUDIOVISUAL SUPPORT SERVICES BY WHITE HOUSE
                COMMUNICATIONS AGENCY ON NONREIMBURSABLE BASIS.

        (a) Provision on Nonreimbursable Basis.--Section 912 of the National
    Defense Authorization Act for Fiscal Year 1997 (10 U.S.C. 111 note) is
    amended--
                (1) in subsection (a)--

    [[Page 119 STAT. 3403]]

                        (A) in the subsection heading, by inserting ``and
                    Audiovisual Support Services'' after
                    ``Telecommunications Support''; and
                        (B) by inserting ``and audiovisual support
                    services'' after ``provision of telecommunications
                    support''; and
                (2) in subsection (b), by inserting ``and audiovisual''
            after ``other than telecommunications''.

        (b) Repeal of Obsolete Provisions.--Such section is further amended
    by striking subsections (d), (e), and (f).

    SEC. 907. REPORT ON ESTABLISHMENT OF A DEPUTY SECRETARY OF DEFENSE FOR
                MANAGEMENT.

        (a) Study Required.--Not later than 90 days after the date of the
    enactment of this Act, the Secretary of Defense shall, as determined by
    the Secretary, select one or two Federally Funded Research and
    Development Centers to conduct a study of the feasibility and
    advisability of establishing a Deputy Secretary of Defense for
    Management. The Secretary shall provide for each Center conducting a
    study under this section to submit a report on such study to the
    Secretary and to the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives not later
    than December 1, 2006.
        (b) Content of Study.--Each study under this section shall address--
                (1) the extent to which the establishment of a Deputy
            Secretary of Defense for Management would--
                        (A) improve the management of the Department of
                    Defense;
                        (B) expedite the process of management reform in the
                    Department; and
                        (C) enhance the implementation of business systems
                    modernization in the Department;
                (2) the appropriate relationship of the Deputy Secretary of
            Defense for Management to other Department of Defense officials;
                (3) the appropriate term of service for a Deputy Secretary
            of Defense for Management; and
                (4) the experience of any other Federal agencies that have
            instituted similar management positions.

        (c) Deputy Secretary for Management Position Described.--For the
    purposes of this section, a Deputy Secretary of Defense for Management
    is an official who--
                (1) serves as the Chief Management Officer of the Department
            of Defense;
                (2) is the principal advisor to the Secretary of Defense on
            matters relating to the management of the Department of Defense,
            including defense business activities, to ensure Department-wide
            capability to carry out the strategic plan of the Department of
            Defense in support of national security objectives; and
                (3) takes precedence in the Department of Defense
            immediately after the Deputy Secretary of Defense.

    SEC. 908. RESPONSIBILITY OF THE JOINT CHIEFS OF STAFF AS MILITARY
                ADVISERS TO THE HOMELAND SECURITY COUNCIL.

        (a) Responsibility as Military Advisers.--
                (1) In general.--Subsection (b) of section 151 of title 10,
            United States Code, is amended--

    [[Page 119 STAT. 3404]]

                        (A) in paragraph (1), by inserting ``the Homeland
                    Security Council,'' after ``the National Security
                    Council,''; and
                        (B) in paragraph (2), by inserting ``the Homeland
                    Security Council,'' after ``the National Security
                    Council,''.
                (2) Consultation by chairman.--Subsection (c)(2) of such
            section is amended by inserting ``the Homeland Security
            Council,'' after ``the National Security Council,'' both places
            it appears.
                (3) Advice and opinions of members other than chairman.--
            Subsection (d) of such section is amended--
                        (A) in paragraph (1), by inserting ``the Homeland
                    Security Council,'' after ``the National Security
                    Council,'' both places it appears; and
                        (B) in paragraph (2), by inserting ``the Homeland
                    Security Council,'' after ``the National Security
                    Council,''.
                (4) Advice on request.--Subsection (e) of such section is
            amended by inserting ``the Homeland Security Council,'' after
            ``the National Security Council,'' both places it appears.

        (b) Attendance at Meeting of Homeland Security Council.--Section 903
    of the Homeland Security Act of 2002 (6 U.S.C. 493) is amended--
                (1) by inserting ``(a) Members--'' before ``The members'';
            and
                (2) by adding at the end the following new subsection:

        ``(b) Attendance of Chairman of Joint Chiefs of Staff at Meetings.--
    The Chairman of the Joint Chiefs of Staff (or, in the absence of the
    Chairman, the Vice Chairman of the Joint Chiefs of Staff) may, in the
    role of the Chairman of the Joint Chiefs of Staff as principal military
    adviser to the Council and subject to the direction of the President,
    attend and participate in meetings of the Council.''.

    SEC. 909. IMPROVEMENT IN HEALTH CARE SERVICES FOR RESIDENTS OF ARMED
                FORCES RETIREMENT HOME.

        (a) Availability of Physicians and Dentists; Medical Care
    Transportation.--Section 1513 of the Armed Forces Retirement Home Act of
    1991 (24 U.S.C. 413) is amended--
                (1) in subsection (a), by striking ``subsection (b)'' and
            inserting ``subsections (b), (c), and (d)'';
                (2) in the third sentence of subsection (b), by striking
            ``The'' and inserting ``Except as provided in subsection (d),
            the''; and
                (3) by adding at the end the following new subsections:

        ``(c) Availability of Physicians and Dentists.--(1) In providing for
    the health care needs of residents at a facility of the Retirement Home
    under subsection (b), the Retirement Home shall have a physician and a
    dentist--
                ``(A) available at the facility during the daily business
            hours of the facility; and
                ``(B) available on an on-call basis at other times.

        ``(2) The physicians and dentists required by this subsection shall
    have the skills and experience suited to residents of the facility
    served by the physicians and dentists.
        ``(3) To ensure the availability of health care services for
    residents of a facility of the Retirement Home, the Chief Operating
    Officer, in consultation with the Medical Director, shall establish

    [[Page 119 STAT. 3405]]

    uniform standards, appropriate to the medical needs of the residents,
    for access to health care services during and after the daily business
    hours of the facility.
        ``(d) Transportation to Medical Care Outside Retirement Home
    Facilities.--(1) With respect to each facility of the Retirement Home,
    the Retirement Home shall provide daily scheduled transportation to
    nearby medical facilities used by residents of the facility. The
    Retirement Home may provide, based on a determination of medical need,
    unscheduled transportation for a resident of the facility to any medical
    facility located not more than 30 miles from the facility for the
    provision of necessary and urgent medical care for the resident.
        ``(2) The Retirement Home may not collect a fee from a resident for
    transportation provided under this subsection.''.
        (b) <<NOTE: Deadline. Reports.>> Comptroller General Assessment.--
    Not later than 180 days after the date of the enactment of this Act, the
    Comptroller General shall submit to the Committee on Armed Services of
    the Senate and the Committee on Armed Services of the House of
    Representatives a report containing--
                (1) an assessment of the regulatory oversight and monitoring
            of health care and nursing home care services provided by the
            Armed Forces Retirement Home; and
                (2) such recommendations as the Comptroller General
            considers appropriate in light of the results of the assessment.

                          Subtitle B--Space Activities

    SEC. 911. <<NOTE: 10 USC 2271 note.>> SPACE SITUATIONAL AWARENESS
                STRATEGY AND SPACE CONTROL MISSION REVIEW.

        (a) Findings.--The Congress finds that--
                (1) the Department of Defense has the responsibility, within
            the executive branch, for developing the strategy and the
            systems of the United States for ensuring freedom to operate
            United States space assets affecting national security; and
                (2) the foundation of any credible strategy for ensuring
            freedom to operate United States space assets is a comprehensive
            system for space situational awareness.

        (b) Space Situational Awareness Strategy.--
                (1) <<NOTE: Deadlines.>> Requirement.--The Secretary of
            Defense shall develop a strategy, to be known as the ``Space
            Situational Awareness Strategy'', for ensuring freedom to
            operate United States space assets affecting national security.
            The Secretary shall submit the Space Situational Awareness
            Strategy to Congress not later than April 15, 2006. The
            Secretary shall submit to Congress an updated, current version
            of the strategy not later than April 15 of every odd-numbered
            year thereafter.
                (2) Time periods.--The Space Situational Awareness Strategy
            shall cover--
                        (A) the 20-year period from 2006 through 2025; and
                        (B) three separate successive periods, the first
                    beginning with 2006, designed to align with the next
                    three periods for the Future-Years Defense Plan.
                (3) Matters to be included.--The Space Situational Awareness
            Strategy shall include the following for each period specified
            in paragraph (2):

    [[Page 119 STAT. 3406]]

                        (A) A threat assessment describing the perceived
                    threats to United States space assets affecting national
                    security.
                        (B) A list of the desired effects and required space
                    situational awareness capabilities required for national
                    security.
                        (C) Details for a coherent and comprehensive
                    strategy for the United States for space situational
                    awareness, together with a description of the systems
                    architecture to implement that strategy in light of the
                    threat assessment and the desired effects and required
                    capabilities identified under subparagraphs (A) and (B).
                        (D) The space situational awareness capabilities
                    roadmap required by subsection (c).

        (c) Space Situational Awareness Capabilities Roadmap.--The Space
    Situational Awareness Strategy shall include a roadmap, to be known as
    the ``space situational awareness capabilities roadmap'', which shall
    include the following:
                (1) A description of each of the individual program concepts
            that will make up the systems architecture described pursuant to
            subsection (b)(3)(C).
                (2) For each such program concept, a description of the
            specific capabilities to be achieved and the threats to be
            abated.

        (d) Space Situational Awareness Implementation Plan.--
                (1) Requirement.--The Secretary of the Air Force shall
            develop a plan, to be known as the ``space situational awareness
            implementation plan'', for the development of the systems
            architecture described pursuant to subsection (b)(3)(C).
                (2) Matters to be included.--The space situational awareness
            implementation plan shall include a description of the
            following:
                        (A) The capabilities of all systems deployed as of
                    mid-2005 or planned for modernization or acquisition
                    from 2006 to 2015.
                        (B) Recommended solutions for inadequacies in the
                    architecture to address threats and the desired effects
                    and required capabilities identified under subparagraphs
                    (A) and (B) of subsection (b)(3).

        (e)  Space Control Mission Review and Assessment.--
                (1) Requirement.--The Secretary of Defense shall provide for
            a review and assessment of the requirements of the Department of
            Defense for the space control mission. The review and assessment
            shall be conducted by an entity of the Department of Defense
            outside of the Department of the Air Force.
                (2) Matters to be included.--The review and assessment under
            paragraph (1) shall consider the following:
                        (A) Whether current activities of the Department of
                    Defense match current requirements of the Department for
                    the current space control mission.
                        (B) Whether there exists proper allocation of
                    appropriate resources to fulfill the current space
                    control mission.
                        (C) The plans of the Department of Defense for the
                    future space control mission.
                (3) Report.--Not later than 180 days after the date of the
            enactment of this Act, the Secretary of Defense shall submit to
            the congressional defense committees a report on the results

    [[Page 119 STAT. 3407]]

            of the review and assessment under paragraph (1). The report
            shall include the following:
                        (A) The findings and conclusions of the entity
                    conducting the review and assessment on (A) requirements
                    of the Department of Defense for the space control
                    mission, and (B) the efforts of the Department to meet
                    those requirements.
                        (B) Recommendations regarding the best means by
                    which the Department may meet those requirements.
                (4) Space control mission defined.--In this subsection, the
            term ``space control mission'' means the mission of the
            Department of Defense involving the following:
                        (A) Space situational awareness.
                        (B) Defensive counterspace operations.
                        (C) Offensive counterspace operations.

    SEC. 912. MILITARY SATELLITE COMMUNICATIONS.

        (a) Findings.--Congress finds the following:
                (1) Military requirements for satellite communications
            exceed the capability of on-orbit assets as of mid-2005.
                (2) To meet future military requirements for satellite
            communications, the Secretary of the Air Force has initiated a
            highly complex and revolutionary program called the
            Transformational Satellite Communications System (TSAT).
                (3) If the program referred to in paragraph (2) experiences
            setbacks that prolong the development and deployment of the
            capability to be provided by that program, the Secretary of the
            Air Force must be prepared to implement contingency programs to
            achieve interim improvements in the capabilities of satellite
            communications to meet military requirements through upgrades to
            current systems.

        (b) Development of Options.--In order to prepare for the contingency
    referred to in subsection (a)(3), the Director of the National Security
    Space Office of the Department of Defense shall provide for an
    assessment, to be conducted by an entity outside the Department of
    Defense, to develop and compare options for the individual acquisition
    of additional Advanced Extremely High Frequency space vehicles, in
    conjunction with modifications to future acquisitions under the Wideband
    Gapfiller System program, that will accomplish the following:
                (1) Minimize nonrecurring costs.
                (2) Improve communications-on-the-move capabilities.
                (3) Increase net centricity for communications.
                (4) Increase satellite throughput.
                (5) Increase user connectivity.
                (6) Improve airborne communications support.
                (7) Minimize effects of a break in production.
                (8) Minimize risk associated with gaps in functional
            availability of on-orbit assets.

        (c) Analysis of Alternatives Report.--Not later than April 15, 2006,
    the Director of the National Security Space Office shall submit to
    Congress a report providing an analysis of alternatives with respect to
    the options developed pursuant to subsection (b). The analysis of
    alternatives shall be prepared taking into consideration the findings
    and recommendations of the independent assessment conducted under
    subsection (b).

    [[Page 119 STAT. 3408]]

    SEC. 913. OPERATIONALLY RESPONSIVE SPACE.

        (a) <<NOTE: 10 USC 2273a note.>> Joint Operationally Responsive
    Space Payload Technology Organization.--
                (1) <<NOTE: Establishment.>> In general.--The Secretary of
            Defense shall establish or designate an organization in the
            Department of Defense to coordinate joint operationally
            responsive space payload technology.
                (2) Master plan.--The organization established or designated
            under paragraph (1) shall produce an annual master plan for
            coordination of operationally responsive space payload
            technology and shall coordinate resources provided to stimulate
            technical development of small satellite payloads. The annual
            master plan shall describe focus areas for development of
            operationally responsive space payload technology, including--
                        (A) miniaturization technology for satellite
                    payloads;
                        (B) increased sensor acuity;
                        (C) concept of operations exploration;
                        (D) increased processor capability; and
                        (E) such additional matters as the head of that
                    organization determines appropriate.
                (3) <<NOTE: Contracts.>> 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

    [[Page 119 STAT. 3409]]

            transition of operational control of small satellite
            demonstrations from the Missile Defense Agency to the Department
            of the Air Force.
                (3) A partnership between the Missile Defense Agency and the
            Department of the Air Force in the development of common high-
            altitude and near-space assets for the respective missions of
            the Missile Defense Agency and the Department of the Air Force.

    SEC. 914. REPORT ON USE OF SPACE RADAR FOR TOPOGRAPHICAL MAPPING FOR
                SCIENTIFIC AND CIVIL PURPOSES.

        (a) Report Required.--Not later than October 1, 2006, the Secretary
    of Defense shall submit to the congressional defense committees a report
    on the feasibility and advisability of using systems developed within
    the Space Radar program of the Department of Defense for purposes of
    providing coastal zone and other topographical mapping information, and
    related information, to the scientific community and other elements of
    the private sector for scientific and civil purposes.
        (b) Report Elements.--The report required by subsection (a) shall
    include the following:
                (1) A description and evaluation of any use of Space Radar
            systems for scientific or civil purposes that is identified by
            the Secretary for purposes of the report.
                (2) A description and evaluation of any addition or
            modification to Space Radar systems that is identified by the
            Secretary for purposes of the report that would increase the
            utility of those systems to the scientific community or other
            elements of the private sector for scientific or civil purposes,
            including the use of additional frequencies, the development or
            enhancement of ground systems, and the enhancement of
            operations.
                (3) A description and evaluation of the effects, if any, on
            the primary missions of the Space Radar, and on the development
            of the Space Radar, of the use of systems developed within the
            Space Radar program for scientific or civil purposes.
                (4) A description of the costs of any addition or
            modification identified pursuant to paragraph (2).
                (5) A description of the process for developing and
            validating requirements for the Space Radar, including the
            involvement of the Civil Applications Committee or other
            organizations outside the Department of Defense.
                (6) A description and evaluation of the processes that would
            be used to modify Space Radar systems in order to meet the needs
            of the scientific community, or other elements of the private
            sector with respect to the use of those systems for scientific
            or civil purposes, and for meeting the costs of such
            modifications.

    SEC. 915. SENSE OF CONGRESS REGARDING NATIONAL SECURITY ASPECT OF UNITED
                STATES PREEMINENCE IN HUMAN SPACEFLIGHT.

        (a) Findings.--The Congress finds that the following:
                (1) Preeminence by the United States in human spaceflight
            allows the United States to project leadership around the world
            and forms an important component of United States national
            security.

    [[Page 119 STAT. 3410]]

                (2) Continued development of human spaceflight in low-Earth
            orbit, on the Moon, and beyond adds to the overall national
            strategic posture.
                (3) Human spaceflight enables continued stewardship of the
            region between the Earth and the Moon--an area that is critical
            and of growing national and international security relevance.
                (4) Human spaceflight provides unprecedented opportunities
            for the United States to lead peaceful and productive
            international relationships with the world community in support
            of United States security and geo-political objectives.
                (5) An increasing number of nations are pursuing human
            spaceflight and space-related capabilities, including China and
            India.
                (6) Past investments in human spaceflight capabilities
            represent a national resource that can be built upon and
            leveraged for a broad range of purposes, including national and
            economic security.
                (7) The industrial base and capabilities represented by the
            Space Transportation System (popularly referred to as the
            ``space shuttle'') provide a critical launch capability for the
            Nation.

        (b) Sense of Congress.--It is the sense of Congress that it is in
    the national security interest of the United States to maintain
    preeminence in human spaceflight.

                  Subtitle C--Chemical Demilitarization Program

    SEC. 921. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY UNDER
                CHEMICAL DEMILITARIZATION PROGRAM.

        (a) Agreements With Federally Recognized Indian Tribal
    Organizations.--Section 1412(c)(4) of the Department of Defense
    Authorization Act, 1986 (50 U.S.C. 1521(c)(4)), is amended--
                (1) by inserting ``(A)'' after ``(4)'';
                (2) in the first sentence--
                        (A) by inserting ``and to tribal organizations''
                    after ``to State and local governments''; and
                        (B) by inserting ``and tribal organizations'' after
                    ``assist those governments'';
                (3) by designating the text beginning ``Additionally, the
            Secretary '' as subparagraph (B);
                (4) in the first sentence of subparagraph (B), as designated
            by paragraph (3), by inserting ``, and with tribal
            organizations,'' after ``with State and local governments''; and
                (5) by adding at the end the following:

        ``(C) In this paragraph, the term `tribal organization' has the
    meaning given that term in section 4(l) of the Indian Self-Determination
    and Education Assistance Act (25 U.S.C. 450b(l)).''.
        (b) <<NOTE: 50 USC 1521 note.>> Effective Date.--The amendments made
    by subsection (a)--
                (1) take effect as of December 5, 1991; and
                (2) apply with respect to any cooperative agreement entered
            into on or after that date.

    [[Page 119 STAT. 3411]]

    SEC. 922. CHEMICAL DEMILITARIZATION FACILITIES.

        (a) Authority to Use Research, Development, Test, and Evaluation
    Funds to Construct Facilities.--The Secretary of Defense may, using
    amounts authorized to be appropriated by section 201(4) for research,
    development, test, and evaluation, Defense-wide and available for
    chemical weapons demilitarization activities under the Assembled
    Chemical Weapons Alternatives program, carry out construction projects,
    or portions of construction projects, for facilities necessary to
    support chemical demilitarization operations at each of the following:
                (1) <<NOTE: Colorado.>> Pueblo Army Depot, Colorado.
                (2) <<NOTE: Kentucky.>> Blue Grass Army Depot, Kentucky.

        (b) Scope of Authority.--The authority in subsection (a) to carry
    out a construction project for facilities includes authority to carry
    out planning and design and the acquisition of land for the construction
    or improvement of such facilities.
        (c) Limitation on Amount of Funds.--The amount of funds that may be
    utilized under the authority in subsection (a) may not exceed
    $51,000,000.
        (d) Duration of Authority.--A construction project, or portion of a
    construction project, may not be commenced under the authority in
    subsection (a) after September 30, 2006.
        (e) Notice and Wait.--The Secretary may not carry out a construction
    project, or portion of a construction project, under the authority in
    subsection (a) until the end of the 21-day period beginning on the date
    on which the Secretary submits to the congressional defense committees
    notice of the Secretary's intent to carry out such project and confirms
    his intent to seek funding for these projects beginning in fiscal year
    2007 through the military construction appropriations accounts.

                    Subtitle D--Intelligence-Related Matters

    SEC. 931. <<NOTE: 50 USC 403-5 note.>> DEPARTMENT OF DEFENSE STRATEGY
                FOR OPEN-SOURCE INTELLIGENCE.

        (a) Findings.--Congress makes the following findings:
                (1) Open-source intelligence (OSINT) is intelligence that is
            produced from publicly available information and is collected,
            exploited, and disseminated in a timely manner to an appropriate
            audience for the purpose of addressing a specific intelligence
            requirement.
                (2) With the Information Revolution, the amount,
            significance, and accessibility of open-source information has
            expanded significantly, but the intelligence community has not
            expanded its exploitation efforts and systems to produce open-
            source intelligence.
                (3) The production of open-source intelligence is a valuable
            intelligence discipline that must be integrated into
            intelligence tasking, collection, processing, exploitation, and
            dissemination to ensure that United States policymakers are
            fully and completely informed.
                (4) The dissemination and use of validated open-source
            intelligence inherently enables information sharing since open-
            source intelligence is produced without the use of sensitive
            sources and methods. Open-source intelligence products can

    [[Page 119 STAT. 3412]]

            be shared with the American public and foreign allies because of
            the unclassified nature of open-source intelligence.
                (5) The National Commission on Terrorist Attacks Upon the
            United States (popularly referred to as the ``9/11
            Commission''), in its final report released on July 22, 2004,
            identified shortfalls in the ability of the United States to use
            all-source intelligence, a large component of which is open-
            source intelligence.
                (6) In the Intelligence Reform and Terrorism Prevention Act
            of 2004 (Public Law 108-458), Congress calls for coordination of
            the collection, analysis, production, and dissemination of open-
            source intelligence.
                (7) The Commission on the Intelligence Capabilities of the
            United States Regarding Weapons of Mass Destruction, in its
            report to the President released on March 31, 2005, found that
            ``the need for exploiting open-source material is greater now
            than ever before,'' but that ``the Intelligence Community's open
            source programs have not expanded commensurate with either the
            increase in available information or with the growing importance
            of open source data to today's problems''.

        (b) Department of Defense Strategy for Open-Source Intelligence.--
                (1) Development of strategy.--The Secretary of Defense shall
            develop a strategy for the purpose of integrating open-source
            intelligence into the Defense intelligence process. The strategy
            shall be known as the ``Defense Strategy for Open-Source
            Intelligence''. The strategy shall be incorporated within the
            larger Defense intelligence strategy.
                (2) <<NOTE: Reports. Deadline.>> Submission.--The Secretary
            shall submit to Congress a report setting forth the strategy
            developed under paragraph (1). The report shall be submitted not
            later than 180 days after the date of the enactment of this Act.

        (c) Matters to Be Included.--The strategy under subsection (b) shall
    include the following:
                (1) A plan for providing funds over the period of the
            future-years defense program for the development of a robust
            open-source intelligence capability for the Department of
            Defense, with particular emphasis on exploitation and
            dissemination.
                (2) A description of how management of the collection of
            open-source intelligence is currently conducted within the
            Department of Defense and how that management can be improved.
                (3) A description of the tools, systems, centers,
            organizational entities, and procedures to be used within the
            Department of Defense to perform open-source intelligence
            tasking, collection, processing, exploitation, and
            dissemination.
                (4) A description of proven tradecraft for effective
            exploitation of open-source intelligence, to include
            consideration of operational security.
                (5) A detailed description on how open-source intelligence
            will be fused with all other intelligence sources across the
            Department of Defense.
                (6) A description of--
                        (A) a training plan for Department of Defense
                    intelligence personnel with respect to open-source
                    intelligence; and

    [[Page 119 STAT. 3413]]

                        (B) open-source intelligence guidance for Department
                    of Defense intelligence personnel.
                (7) A plan to incorporate the function of oversight of open-
            source intelligence--
                        (A) into the Office of the Undersecretary of Defense
                    for Intelligence; and
                        (B) into service intelligence organizations.
                (8) A plan to incorporate and identify an open-source
            intelligence specialty into personnel systems of the Department
            of Defense, including military personnel systems.
                (9) A plan for the use of intelligence personnel of the
            reserve components to augment and support the open-source
            intelligence mission.
                (10) A plan for the use of the Open-Source Information
            System for the purpose of exploitation and dissemination of
            open-source intelligence.

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

        (a) Report.--Not later than 180 days after the date of the enactment
    of this Act, the Secretary of Defense shall submit to the congressional
    committees specified in subsection (b) a report providing a
    comprehensive inventory of Department of Defense intelligence and
    intelligence-related programs and projects. The Secretary shall prepare
    the inventory in consultation with the Director of National
    Intelligence, as appropriate.
        (b) Committees.--The congressional committees referred to in
    subsection (a) are the following:
                (1) The Committee on Armed Services and the Select Committee
            on Intelligence of the Senate.
                (2) The Committee on Armed Services and the Permanent Select
            Committee on Intelligence of the House of Representatives.

    SEC. 933. <<NOTE: Classified information.>> OPERATIONAL FILES OF THE
                DEFENSE INTELLIGENCE AGENCY.

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

             ``operational files of the defense intelligence agency

        ``Sec. 705. <<NOTE: 50 USC 432c.>> (a) Exemption of Operational
    Files.--The Director of the Defense Intelligence Agency, in coordination
    with the Director of National Intelligence, may exempt operational files
    of the Defense Intelligence Agency from the provisions of section 552 of
    title 5, United States Code, which require publication, disclosure,
    search, or review in connection therewith.

        ``(b) Operational Files Defined.--(1) In this section, the term
    `operational files' means--
                ``(A) files of the Directorate of Human Intelligence of the
            Defense Intelligence Agency (and any successor organization

    [[Page 119 STAT. 3414]]

            of that directorate) that document the conduct of foreign
            intelligence or counterintelligence operations or intelligence
            or security liaison arrangements or information exchanges with
            foreign governments or their intelligence or security services;
            and
                ``(B) files of the Directorate of Technology of the Defense
            Intelligence Agency (and any successor organization of that
            directorate) that document the means by which foreign
            intelligence or counterintelligence is collected through
            technical systems.

        ``(2) Files that are the sole repository of disseminated
    intelligence are not operational files.
        ``(c) Search and Review for Information.--Notwithstanding subsection
    (a), exempted operational files shall continue to be subject to search
    and review for information concerning:
                ``(1) United States citizens or aliens lawfully admitted for
            permanent residence who have requested information on themselves
            pursuant to the provisions of section 552 or 552a of title 5,
            United States Code.
                ``(2) Any special activity the existence of which is not
            exempt from disclosure under the provisions of section 552 of
            title 5, United States Code.
                ``(3) The specific subject matter of an investigation by any
            of the following for any impropriety, or violation of law,
            Executive order, or Presidential directive, in the conduct of an
            intelligence activity:
                        ``(A) The Committee on Armed Services and the
                    Permanent Select Committee on Intelligence of the House
                    of Representatives.
                        ``(B) The Committee on Armed Services and the Select
                    Committee on Intelligence of the Senate.
                        ``(C) The Intelligence Oversight Board.
                        ``(D) The Department of Justice.
                        ``(E) The Office of General Counsel of the
                    Department of Defense or of the Defense Intelligence
                    Agency.
                        ``(F) The Office of Inspector General of the
                    Department of Defense or of the Defense Intelligence
                    Agency.
                        ``(G) The Office of the Director of the Defense
                    Intelligence Agency.

        ``(d) Information Derived or Disseminated From Exempted Operational
    Files.--(1) Files that are not exempted under subsection (a) that
    contain information derived or disseminated from exempted operational
    files shall be subject to search and review.
        ``(2) The inclusion of information from exempted operational files
    in files that are not exempted under subsection (a) shall not affect the
    exemption under subsection (a) of the originating operational files from
    search, review, publication, or disclosure.
        ``(3) The declassification of some of the information contained in
    an exempted operational file shall not affect the status of the
    operational file as being exempt from search, review, publication, or
    disclosure.
        ``(4) Records from exempted operational files that have been
    disseminated to and referenced in files that are not exempted under
    subsection (a) and that have been returned to exempted operational files
    for sole retention shall be subject to search and review.

    [[Page 119 STAT. 3415]]

        ``(e) Allegation; Improper Withholding of Records; Judicial
    Review.--(1) Except as provided in paragraph (2), whenever any person
    who has requested agency records under section 552 of title 5, United
    States Code, alleges that the Defense Intelligence Agency has withheld
    records improperly because of failure to comply with any provision of
    this section, judicial review shall be available under the terms set
    forth in section 552(a)(4)(B) of title 5, United States Code.
        ``(2) Judicial review shall not be available in the manner provided
    under paragraph (1) as follows:
                ``(A) In any case in which information specifically
            authorized under criteria established by an Executive order to
            be kept secret in the interest of national defense or foreign
            relations which is filed with, or produced for, the court by the
            Defense Intelligence Agency, such information shall be examined
            ex parte, in camera by the court.
                ``(B) The court shall determine, to the fullest extent
            practicable, issues of fact based on sworn written submissions
            of the parties.
                ``(C) When a complainant alleges that requested records were
            improperly withheld because of improper placement solely in
            exempted operational files, the complainant shall support such
            allegation with a sworn written submission based upon personal
            knowledge or otherwise admissible evidence.
                ``(D)(i) When a complainant alleges that requested records
            were improperly withheld because of improper exemption of
            operational files, the Defense Intelligence Agency shall meet
            its burden under section 552(a)(4)(B) of title 5, United States
            Code, by demonstrating to the court by sworn written submission
            that exempted operational files likely to contain responsible
            records currently perform the functions set forth in subsection
            (b).
                ``(ii) The court may not order the Defense Intelligence
            Agency to review the content of any exempted operational file or
            files in order to make the demonstration required under clause
            (i), unless the complainant disputes the Defense Intelligence
            Agency's showing with a sworn written submission based on
            personal knowledge or otherwise admissible evidence.
                ``(E) In proceedings under subparagraphs (C) and (D), the
            parties shall not obtain discovery pursuant to rules 26 through
            36 of the Federal Rules of Civil Procedure, except that requests
            for admission may be made pursuant to rules 26 and 36.
                ``(F) If the court finds under this subsection that the
            Defense Intelligence Agency has improperly withheld requested
            records because of failure to comply with any provision of this
            subsection, the court shall order the Defense Intelligence
            Agency to search and review the appropriate exempted operational
            file or files for the requested records and make such records,
            or portions thereof, available in accordance with the provisions
            of section 552 of title 5, United States Code, and such order
            shall be the exclusive remedy for failure to comply with this
            section (other than subsection (f)).
                ``(G) If at any time following the filing of a complaint
            pursuant to this paragraph the Defense Intelligence Agency
            agrees to search the appropriate exempted operational file or
            files for the requested records, the court shall dismiss the
            claim based upon such complaint.

    [[Page 119 STAT. 3416]]

                ``(H) Any information filed with, or produced for the court
            pursuant to subparagraphs (A) and (D) shall be coordinated with
            the Director of National Intelligence before submission to the
            court.

        ``(f) Decennial Review of Exempted Operational Files.--(1) Not less
    than once every 10 years, the Director of the Defense Intelligence
    Agency and the Director of National Intelligence shall review the
    exemptions in force under subsection (a) to determine whether such
    exemptions may be removed from a category of exempted files or any
    portion thereof. The Director of National Intelligence must approve any
    determinations to remove such exemptions.
        ``(2) The review required by paragraph (1) shall include
    consideration of the historical value or other public interest in the
    subject matter of the particular category of files or portions thereof
    and the potential for declassifying a significant part of the
    information contained therein.
        ``(3) A complainant that alleges that the Defense Intelligence
    Agency has improperly withheld records because of failure to comply with
    this subsection may seek judicial review in the district court of the
    United States of the district in which any of the parties reside, or in
    the District of Columbia. In such a proceeding, the court's review shall
    be limited to determining the following:
                ``(A) Whether the Defense Intelligence Agency has conducted
            the review required by paragraph (1) before the expiration of
            the 10-year period beginning on the date of the enactment of
            this section or before the expiration of the 10-year period
            beginning on the date of the most recent review.
                ``(B) Whether the Defense Intelligence Agency, in fact,
            considered the criteria set forth in paragraph (2) in conducting
            the required review.

        ``(g) Termination.--This section shall cease to be effective on
    December 31, 2007.''.
                (2) Clerical amendment.--The table of contents in the first
            section of the National Security Act of 1947 is amended by
            inserting after the item relating to section 704 the following
            new item:

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

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

    [[Page 119 STAT. 3417]]

                           TITLE X--GENERAL PROVISIONS

                          Subtitle A--Financial Matters

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

                     Subtitle B--Naval Vessels and Shipyards

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

                       Subtitle C--Counter-Drug Activities

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

                Subtitle D--Matters Related to Homeland Security

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

                         Subtitle E--Reports and Studies

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

                            Subtitle F--Other Matters

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

    [[Page 119 STAT. 3418]]

    Sec. 1062. Sense of Congress on national security interest of
               maintaining aeronautics research and development.
    Sec. 1063. Airport certification.

                        Subtitle G--Military Mail Matters

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

                          Subtitle A--Financial Matters

    SEC. 1001. TRANSFER AUTHORITY.

        (a) Authority to Transfer Authorizations.--
                (1) Authority.--Upon determination by the Secretary of
            Defense that such action is necessary in the national interest,
            the Secretary may transfer amounts of authorizations made
            available to the Department of Defense in this division for
            fiscal year 2006 between any such authorizations for that fiscal
            year (or any subdivisions thereof). Amounts of authorizations so
            transferred shall be merged with and be available for the same
            purposes as the authorization to which transferred.
                (2) Limitation.--The total amount of authorizations that the
            Secretary may transfer under the authority of this section may
            not exceed $3,500,000,000.

        (b) Limitations.--The authority provided by this section to transfer
    authorizations--
                (1) may only be used to provide authority for items that
            have a higher priority than the items from which authority is
            transferred; and
                (2) may not be used to provide authority for an item that
            has been denied authorization by Congress.

        (c) Effect on Authorization Amounts.--A transfer made from one
    account to another under the authority of this section shall be deemed
    to increase the amount authorized for the account to which the amount is
    transferred by an amount equal to the amount transferred.
        (d) Notice to Congress.--The Secretary shall promptly notify
    Congress of each transfer made under subsection (a).

    SEC. 1002. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
                FISCAL YEARS 2005 AND 2006.

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

    [[Page 119 STAT. 3419]]

    to any such authorized amount, by the amount by which appropriations
    pursuant to such authorized amount are increased by a supplemental
    appropriation, or by a transfer of funds, pursuant to the Emergency
    Supplemental Appropriations Act to Meet Immediate Needs Arising From the
    Consequences of Hurricane Katrina, 2005 (Public Law 109-61).
        (c) Second Emergency Supplemental to Meet Needs Arising From
    Hurricane Katrina.--Amounts authorized to be appropriated to the
    Department of Defense for fiscal year 2005 in the Ronald W. Reagan
    National Defense Authorization Act for Fiscal Year 2005 are hereby
    adjusted, with respect to any such authorized amount, by the amount by
    which appropriations pursuant to such authorized amount are increased by
    a supplemental appropriation, or by a transfer of funds, pursuant to the
    Second Emergency Supplemental Appropriations Act to Meet Immediate Needs
    Arising From the Consequences of Hurricane Katrina, 2005 (Public Law
    109-62).
        (d) Supplemental Appropriations for Avian Flu Preparedness.--Amounts
    authorized to be appropriated to the Department of Defense for fiscal
    year 2006 in this Act are hereby adjusted, with respect to any such
    authorized amount, by the amount by which appropriations pursuant to
    such authorized amount are increased by a supplemental appropriation, or
    by a transfer of funds, arising from the proposal of the President
    relating to avian flu preparedness that was submitted to Congress on
    November 1, 2006.
        (e) Amounts Reallocated for Hurricane-Related Disaster Relief.--
    Amounts authorized to be appropriated to the Department of Defense for
    fiscal year 2006 in this Act are hereby adjusted, with respect to any
    such authorized amount, by the amount by which appropriations pursuant
    to such authorized amount are increased by a reallocation of funds from
    the Disaster Relief Fund of the Federal Emergency Management Agency
    arising from the proposal of the Director of the Office of Management
    and Budget on the reallocation of amounts for hurricane-related disaster
    relief that was submitted to the President on October 28, 2005, and
    transmitted to the Speaker of the House of Representatives on that date.
        (f) Amounts for Humanitarian Assistance for Earthquake Victims in
    Pakistan.--There is authorized to be appropriated as emergency
    supplemental appropriations for the Department of Defense for fiscal
    year 2006, $40,000,000 for the use of the Department of Defense for
    overseas, humanitarian, disaster, and civic aid for the purpose of
    providing humanitarian assistance to the victims of the earthquake that
    devastated northern Pakistan on October 8, 2005.
        (g) Reports on Use of Certain Funds.--
                (1) Report on use of emergency supplemental funds.--Not
            later than six months after the date of the enactment of this
            Act, the Secretary of Defense shall submit to the congressional
            defense committees a report on the obligation and expenditure,
            as of that date, of any funds appropriated to the Department of
            Defense for fiscal year 2005 pursuant to the Acts referred to in
            subsections (a), (b), and (c) as authorized by such subsections.
            The report shall set forth--
                        (A) the amounts so obligated and expended; and

    [[Page 119 STAT. 3420]]

                        (B) the purposes for which such amounts were so
                    obligated and expended.
                (2) Report on expenditure of reimbursable funds.--The
            Secretary shall include in the report required by paragraph (1)
            a statement of any expenditure by the Department of Defense of
            funds that were reimbursable by the Federal Emergency Management
            Agency, or any other department or agency of the Federal
            Government, from funds appropriated in an Act referred to in
            subsection (a), (b), or (c) to such department or agency.
                (3) Report on use of certain other funds.--Not later than
            May 15, 2006, and quarterly thereafter through November 15,
            2006, the Secretary shall submit to the congressional defense
            committees a report on the obligation and expenditure, during
            the previous fiscal year quarter, of any funds appropriated to
            the Department of Defense as specified in subsection (d) and any
            funds reallocated to the Department as specified in subsection
            (e). Each report shall, for the fiscal year quarter covered by
            such report, set forth--
                        (A) the amounts so obligated and expended; and
                        (B) the purposes for which such amounts were so
                    obligated and expended.

        (h) Report on Assistance for Earthquake Victims in Pakistan.--Not
    later than 30 days after the date of the enactment of this Act, the
    Secretary of Defense shall submit to the congressional defense
    committees a report describing Department of Defense efforts to provide
    relief to victims of the earthquake that devastated northern Pakistan on
    October 8, 2005, and assessing the need for further reconstruction and
    relief assistance.

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

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

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

        (a) Capital Budgeting Defined.--For the purposes of this section,
    the term ``capital budgeting'' means a budget process that--
                (1) identifies large capital outlays that are expected to be
            made in future years, together with identification of the
            proposed means to finance those outlays and the expected
            benefits of those outlays;
                (2) separately identifies revenues and outlays for capital
            assets from revenues and outlays for an operating budget;
                (3) allows for the issue of long-term debt to finance
            capital investments; and
                (4) provides the budget authority for acquiring a capital
            asset over several fiscal years (rather than in a single fiscal
            year at the beginning of such acquisition).

        (b) Reports Required.--Not later than July 1, 2006, the Secretary of
    Defense and the Secretary of each military department shall each submit
    to Congress a report analyzing the feasibility and desirability of using
    a capital budgeting system for the

    [[Page 119 STAT. 3421]]

    financing of major defense acquisition programs. Each such report shall
    address the following matters:
                (1) The potential long-term effect on the defense industrial
            base of the United States of continuing with the current full
            up-front funding system for major defense acquisition programs.
                (2) Whether use of a capital budgeting system could create a
            more effective decisionmaking process for long-term investments
            in major defense acquisition programs.
                (3) The manner in which a capital budgeting system for major
            defense acquisition programs would affect the budget planning
            and formulation process of the military departments.
                (4) The types of financial mechanisms that would be needed
            to provide funds for such a capital budgeting system.

    SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COMMON-FUNDED BUDGETS IN
                FISCAL YEAR 2006.

        (a) Fiscal Year 2006 Limitation.--The total amount contributed by
    the Secretary of Defense in fiscal year 2006 for the common-funded
    budgets of NATO may be any amount up to, but not in excess of, the
    amount specified in subsection (b) (rather than the maximum amount that
    would otherwise be applicable to those contributions under the fiscal
    year 1998 baseline limitation).
        (b) Total Amount.--The amount of the limitation applicable under
    subsection (a) is the sum of the following:
                (1) The amounts of unexpended balances, as of the end of
            fiscal year 2005, of funds appropriated for fiscal years before
            fiscal year 2006 for payments for those budgets.
                (2) The amount specified in subsection (c)(1).
                (3) The amount specified in subsection (c)(2).
                (4) The total amount of the contributions authorized to be
            made under section 2501.

        (c) Authorized Amounts.--Amounts authorized to be appropriated by
    titles II and III of this Act are available for contributions for the
    common-funded budgets of NATO as follows:
                (1) Of the amount provided in section 201(1), $763,000 for
            the Civil Budget.
                (2) Of the amount provided in section 301(1), $289,447,000
            for the Military Budget.

        (d) Definitions.--For purposes of this section:
                (1) Common-funded budgets of nato.--The term ``common-funded
            budgets of NATO'' means the Military Budget, the Security
            Investment Program, and the Civil Budget of the North Atlantic
            Treaty Organization (and any successor or additional account or
            program of NATO).
                (2) Fiscal year 1998 baseline limitation.--The term ``fiscal
            year 1998 baseline limitation'' means the maximum annual amount
            of Department of Defense contributions for common-funded budgets
            of NATO that is set forth as the annual limitation in section
            3(2)(C)(ii) of the resolution of the Senate giving the advice
            and consent of the Senate to the ratification of the Protocols
            to the North Atlantic Treaty of 1949 on the Accession of Poland,
            Hungary, and the Czech Republic (as defined in section 4(7) of
            that resolution), approved by the Senate on April 30, 1998.

    [[Page 119 STAT. 3422]]

                     Subtitle B--Naval Vessels and Shipyards

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

        (a) Conveyance Authorized.--The Secretary of the Navy is authorized
    to convey the yard floating drydock YFD-70, located in Seattle,
    Washington, to Todd Pacific Shipyards Corporation, that company being
    the current user of the drydock.
        (b) Condition of Conveyance.--The Secretary shall require as a
    condition of the conveyance under subsection (a) that the drydock remain
    at the facilities of Todd Pacific Shipyards Corporation until at least
    September 30, 2010.
        (c) Consideration.--As consideration for the conveyance of the
    drydock under subsection (a), the purchaser shall provide compensation
    to the United States the value of which, as determined by the Secretary,
    is equal to the fair market value of the drydock, as determined by the
    Secretary.
        (d) <<NOTE: Applicability.>> Transfer at No Cost to United States.--
    The provisions of section 7306(c) of title 10, United States Code, shall
    apply to the conveyance under this section.

        (e) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyance under
    subsection (a) as the Secretary considers appropriate to protect the
    interests of the United States.

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

        (a) Conveyance Authorized.--The Secretary of the Navy is authorized
    to convey the medium auxiliary floating drydock SUSTAIN (AFDM-7),
    located in Duval County, Florida, to Atlantic Marine Property Holding
    Company, that company being the current user of the drydock.
        (b) Condition of Conveyance.--The Secretary shall require as a
    condition of the conveyance under subsection (a) that the drydock remain
    at the facilities of Atlantic Marine Property Holding Company until at
    least September 30, 2010.
        (c) Consideration.--As consideration for the conveyance of the
    drydock under subsection (a), the purchaser shall provide compensation
    to the United States the value of which, as determined by the Secretary,
    is equal to the fair market value of the drydock, as determined by the
    Secretary.
        (d) <<NOTE: Applicability.>> Transfer at No Cost to United States.--
    The provisions of section 7306(c) of title 10, United States Code, shall
    apply to the conveyance under this section.

        (e) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyance under
    subsection (a) as the Secretary considers appropriate to protect the
    interests of the United States.

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

        (a) Conveyance Authorized.--The Secretary of the Navy is authorized
    to convey to the port authority of the city of Port Arthur, Texas, the
    inactive medium auxiliary floating drydock designated as AFDM-2,
    currently administered through the National Defense Reserve Fleet.
        (b) Condition of Conveyance.--The Secretary shall require as a
    condition of the conveyance under subsection (a) that the drydock remain
    at the facilities of the port authority named in subsection (a).

    [[Page 119 STAT. 3423]]

        (c) Consideration.--As consideration for the conveyance of the
    drydock under subsection (a), the purchaser shall provide compensation
    to the United States the value of which, as determined by the Secretary,
    is equal to the fair market value of the drydock, as determined by the
    Secretary.
        (d) <<NOTE: Applicability.>> Transfer at No Cost to United States.--
    The provisions of section 7306(c) of title 10, United States Code, shall
    apply to the conveyance under this section.

        (e) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyance under
    subsection (a) as the Secretary considers appropriate to protect the
    interests of the United States.

    SEC. 1014. TRANSFER OF BATTLESHIPS U.S.S. WISCONSIN AND U.S.S. IOWA.

        (a) Transfer of Battleship Wisconsin.--The Secretary of the Navy is
    authorized--
                (1) to strike the battleship U.S.S. WISCONSIN (BB-64) from
            the Naval Vessel Register; and
                (2) <<NOTE: Virginia.>> to transfer that vessel, by gift or
            otherwise, in accordance with section 7306 of title 10, United
            States Code, except that the Secretary shall require, as a
            condition of transfer, that the transferee locate the vessel in
            the Commonwealth of Virginia.

        (b) Transfer of Battleship Iowa.--The Secretary of the Navy is
    authorized--
                (1) to strike the battleship U.S.S. IOWA (BB-61) from the
            Naval Vessel Register; and
                (2) <<NOTE: California.>> to transfer that vessel, by gift
            or otherwise, in accordance with section 7306 of title 10,
            United States Code, except that the Secretary shall require, as
            a condition of transfer, that the transferee locate the vessel
            in the State of California.

        (c) Inapplicability of Notice-and-wait Requirement.--Section 7306(d)
    of title 10, United States Code, does not apply to the transfer
    authorized by subsection (a) or the transfer authorized by subsection
    (b).
        (d) Authority for Reversion in Event of National Emergency.--The
    Secretary of the Navy shall require that the terms of the transfer of a
    vessel under this section include a requirement that, in the event the
    President declares a national emergency pursuant to the National
    Emergencies Act (50 U.S.C. 1601 et seq.), the transferee of the vessel
    shall, upon request of the Secretary of Defense, return the vessel to
    the United States and that, in such a case, unless the transferee is
    otherwise notified by the Secretary, title to the vessel shall revert
    immediately to the United States.
        (e) Repeal of Superseded Requirements and Authorities.--
                (1) Section 1011 of the National Defense Authorization Act
            for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 421) is
            repealed.
                (2) Section 1011 of the Strom Thurmond National Defense
            Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
            Stat. 2118) is repealed.

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

        (a) <<NOTE: Maryland.>> Transfer.--The Secretary of the Navy may
    transfer the decommissioned destroyer ex-U.S.S. Forrest Sherman (DD-931)
    to the USS Forrest Sherman DD-931 Foundation, Inc., a nonprofit

    [[Page 119 STAT. 3424]]

    organization under the laws of the State of Maryland, subject to the
    submission of a donation application for that vessel that is
    satisfactory to the Secretary.

        (b) Applicable Law.--The transfer under this section is subject to
    subsections (b) and (c) of section 7306 of title 10, United States Code.
    Subsection (d) of that section is hereby waived with respect to such
    transfer.
        (c) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the transfer under
    subsection (a) as the Secretary considers appropriate.
        (d) Expiration of Authority.--The authority granted by subsection
    (a) shall expire at the end of the five-year period beginning on the
    date of the enactment of this Act.

    SEC. 1016. REPORT ON LEASING OF VESSELS TO MEET NATIONAL DEFENSE SEALIFT
                REQUIREMENTS.

        (a) Report Requirement.--The Secretary of Defense shall submit to
    the Committee on Armed Services of the House of Representatives and the
    Committee on Armed Services of the Senate by no later than March 1,
    2006, a report on leasing (including chartering) of vessels by the
    Department of Defense to meet national defense sealift requirements,
    including leasing under sections 2401 and 2401a of title 10, United
    States Code.
        (b) Matters to Be Included.--The report under subsection (a) shall
    include the following:
                (1) A description of--
                        (A) the portion of national defense sealift
                    requirements that, during the 3-year period preceding
                    the date of the enactment of this Act, was met through
                    leasing of vessels;
                        (B) the portion of such requirements that was met
                    during that period through use of vessels owned by the
                    United States; and
                        (C) for each of the portions described under
                    subparagraph (A) and (B), a description of the number of
                    each type of vessel used to meet such requirements,
                    including roll-on/roll-off vessels, dry bulk carriers,
                    oilers, and other vessel types.
                (2) With respect to vessels that were leased in the 3-year
            period preceding the date of the enactment of this Act--
                        (A) a listing of such vessels;
                        (B) identification of the country in which each
                    vessel was constructed or reconstructed;
                        (C) identification of the country under the laws of
                    which each vessel is documented;
                        (D) with respect to periods during which each vessel
                    was operated under lease to the Department of Defense,
                    identification of the routes on which each vessel
                    operated and the ports at which each vessel called;
                        (E) the terms of the lease for each vessel that
                    govern--
                              (i) amounts required to be paid by the United
                          States;
                              (ii) the length of the lease term;
                              (iii) maintenance, repair, and alteration,
                          including provisions regarding--
                                        (I) alterations required under the
                                    lease; and

    [[Page 119 STAT. 3425]]

                                        (II) qualified maintenance or repair
                                    of the vessel in a foreign shipyard or
                                    foreign ship repair facility; and
                              (iv) where alterations or qualified
                          maintenance or repair may be performed; and
                        (F) a description of qualified maintenance or repair
                    that was performed on each vessel in the 3-year period
                    preceding the date of the enactment of this Act,
                    including--
                              (i) the amounts paid by the lessor for such
                          work; and
                              (ii) identification of whether such work was
                          performed in the United States or in a foreign
                          country.
                (3) Estimation of any increase in total costs that would
            have been incurred by the United States if qualified maintenance
            or repair that was performed on leased vessels in the 3-year
            period preceding the date of the enactment of this Act were
            required to be performed in the United States.
                (4) Other impacts to the economy of the United States if
            qualified maintenance or repair that was performed on leased
            vessels in the 3-year period preceding the date of the enactment
            of this Act were required to be performed in the United States.

        (c) Qualified Maintenance or Repair Defined.--In this section the
    term ``qualified maintenance or repair''--
                (1) except as provided in paragraph (2), means--
                        (A) any inspection of a vessel that is--
                              (i) required under chapter 33 of title 46,
                          United States Code; and
                              (ii) performed in a period in which the vessel
                          is under lease by the Department of Defense;
                        (B) any maintenance or repair of a vessel that is
                    determined, in the course of an inspection referred to
                    in subparagraph (A), to be necessary to comply with the
                    laws of the United States; and
                        (C) any routine maintenance or repair; and
                (2) does not include any emergency work that is necessary to
            enable a vessel to return to a port in the United States.

    SEC. 1017. <<NOTE: Hawaii. 16 USC 431 note.>> ESTABLISHMENT OF THE USS
                OKLAHOMA MEMORIAL AND OTHER MEMORIALS AT PEARL HARBOR.

        (a) <<NOTE: Deadline.>> Establishment of the USS Oklahoma
    Memorial.--Not later than 90 days after the date of the enactment of
    this Act, the Secretary of the Navy, in consultation with the Secretary
    of the Interior, shall identify an appropriate site on Ford Island,
    Hawaii, for a memorial for the U.S.S. Oklahoma (BB-37). The Secretary of
    the Interior shall establish the memorial at the identified site by
    authorizing the USS Oklahoma Memorial Foundation to construct a
    memorial. <<NOTE: Certification.>> The Secretary shall certify that--
                (1) the USS Oklahoma Memorial Foundation has sufficient
            funding to complete construction of the memorial; and
                (2) the memorial meets the requirements of subsection (c).

        (b) Administration of the Memorial.--Once established, the Secretary
    of the Interior shall administer the USS Oklahoma Memorial as a part of
    the USS Arizona Memorial, a unit of the National Park System, in
    accordance with the laws and regulations applicable to land administered
    by the National Park Service and any agreement between the Secretary of
    the Interior and the Secretary of

    [[Page 119 STAT. 3426]]

    the Navy. The Secretary of the Navy shall retain administrative
    jurisdiction over the land where the USS Oklahoma Memorial is
    established.
        (c) Requirements for Pearl Harbor Memorials.--The site selection,
    design, and construction of the USS Oklahoma Memorial and any memorials
    established after the date of the enactment of this Act that are
    associated with the attack at Pearl Harbor on December 7, 1941, shall be
    consistent with the requirements in the document titled ``Pearl Harbor
    Naval Complex Design Guidelines and Evaluation Criteria for Memorials'',
    dated April 2005.
        (d) Establishment and Operation of Transportation System.--The
    Secretary of the Interior may establish and operate a transportation
    system over roads linking the USS Arizona Memorial Visitor Center with
    one or more of the existing and future historic sites and historic
    visitor attractions within the Pearl Harbor Naval Complex, including
    Ford Island. Transportation on this system may be provided with or
    without charge, directly or through a contract or concessioner, and
    without regard to whether service is provided to sites or attractions
    that are under the jurisdiction of or administered by the National Park
    Service.

    SEC. 1018. AUTHORITY TO USE NATIONAL DEFENSE SEALIFT FUND TO PURCHASE
                CERTAIN MARITIME PREPOSITIONING SHIPS CURRENTLY UNDER
                CHARTER TO THE NAVY.

        (a) Fiscal Year 2006 Limitation.--The authority provided by
    subsection (c)(1) of section 2218 of title 10, United States Code, may
    not be used for the purchase of more than six vessels described in
    subsection (c) using funds appropriated to the National Defense Sealift
    Fund for fiscal year 2006.
        (b) Authority.--The Secretary of Defense may purchase any vessel
    described in subsection (c) through the use of the authority in
    subsection (c)(1) of section 2218 of title 10, United States Code,
    without regard to the limitation in subsection (f)(1) of that section.
        (c) <<NOTE: Applicability.>> Covered Vessels.--Subsections (a) and
    (b) apply with respect to any vessel that as of the date of the
    enactment of this Act--
                (1) is chartered by the Department of Defense under a 25-
            year lease; and
                (2) is used by the Navy as a maritime prepositioning ship.

        (d) Technical Amendments to Update Statute.--Section 2218(f)(1) of
    title 10, United States Code, is amended--
                (1) by striking ``Not more than a total of five vessels
            built in foreign ship yards may be'' and inserting ``A vessel
            built in a foreign ship yard may not be''; and
                (2) by inserting before the period at the end the following:
            ``, unless specifically authorized by law''.

                       Subtitle C--Counter-Drug Activities

    SEC. 1021. RESUMPTION OF REPORTING REQUIREMENT REGARDING DEPARTMENT OF
                DEFENSE EXPENDITURES TO SUPPORT FOREIGN COUNTER-DRUG
                ACTIVITIES.

        (a) Additional Report Required.--Section 1022 of the Floyd D. Spence
    National Defense Authorization Act for Fiscal Year 2001 (as enacted into
    law by Public Law 106-398; 114 Stat. 1654A-255), as amended by section
    1022 of the National Defense

    [[Page 119 STAT. 3427]]

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

    SEC. 1022. <<NOTE: 10 USC 371 note.>> CLARIFICATION OF AUTHORITY FOR
                JOINT TASK FORCES TO SUPPORT LAW ENFORCEMENT AGENCIES
                CONDUCTING COUNTER-TERRORISM ACTIVITIES.

        Section 1022 of the National Defense Authorization Act for Fiscal
    Year 2004 (Public Law 108-136; 117 Stat. 1594) is amended--
                (1) by redesignating subsection (b) as subsection (d); and
                (2) by inserting after subsection (a) the following new
            subsections:

        ``(b) Availability of Funds.--During fiscal years 2006 and 2007,
    funds available to a joint task force to support counter-drug activities
    may also be used to provide the counter-terrorism support authorized by
    subsection (a).
        ``(c) Report Required.--Not later than December 31, 2006, the
    Secretary of Defense shall submit to Congress a report evaluating the
    effect on counter-drug and counter-terrorism activities and objectives
    of using counter-drug funds of a joint task force to provide counter-
    terrorism support authorized by subsection (a).''.

    SEC. 1023. SENSE OF CONGRESS REGARDING DRUG TRAFFICKING DETERRENCE.

        (a) Findings.--Congress finds the following:
                (1) According to the Department of State, drug trafficking
            organizations shipped approximately nine tons of cocaine to the
            United States through the Dominican Republic in 2004, and are
            increasingly using small, high-speed watercraft.
                (2) Drug traffickers use the Caribbean corridor to smuggle
            narcotics to the United States via Puerto Rico and the Dominican
            Republic. This route is ideal for drug trafficking because of
            its geographic expanse, numerous law enforcement jurisdictions,
            and fragmented investigative efforts.
                (3) The tethered aerostat system in Lajas, Puerto Rico,
            contributes to deterring and detecting smugglers moving illicit
            drugs into Puerto Rico. The aerostat's range and operational
            capabilities allow it to provide surveillance coverage of the
            eastern Caribbean corridor and the strategic waterway between
            Puerto Rico and the Dominican Republic, known as the Mona
            Passage.
                (4) Including maritime radar on the Lajas aerostat will
            expand its ability to detect suspicious vessels in the eastern
            Caribbean corridor.

        (b) Sense of Congress.--Given the findings contained in subsection
    (a), it is the sense of Congress that--
                (1) Congress and the Department of Defense should fund the
            Counter-Drug Tethered Aerostat program; and

    [[Page 119 STAT. 3428]]

                (2) the Department of Defense should install maritime radar
            on the Lajas, Puerto Rico, aerostat.

                Subtitle D--Matters Related to Homeland Security

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

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

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

        (a) Secretary of Homeland Security Functions.--Subsection (a) of
    section 1415 of the Defense Against Weapons of Mass Destruction Act of
    1996 (50 U.S.C. 2315) is amended--
                (1) in the subsection heading, by striking ``Chemical Or''
            and inserting ``Nuclear, Radiological, Chemical, Or'';
                (2) in paragraph (1)--
                        (A) by striking ``Secretary of Defense'' and
                    inserting ``Secretary of Homeland Security''; and
                        (B) by striking ``biological weapons and related
                    materials and emergencies involving'' and inserting
                    ``nuclear, radiological, biological, and'';
                (3) in paragraph (2), by striking ``during each of fiscal
            years 1997 through 2013'' and inserting ``in accordance with
            sections 102(c) and 430(c)(1) of the Homeland Security Act of
            2002 (6 U.S.C. 112(c), 238(c)(1))''; and
                (4) in paragraph (3)--
                        (A) by inserting ``the Secretary of Defense,''
                    before ``the Director of the Federal Bureau of
                    Investigation''; and
                        (B) by striking ``the Director of the Federal
                    Emergency Management Agency,''.

        (b) Repeal of Secretary of Energy Functions.--Such section is
    further amended by striking subsection (b).
        (c) Conforming Amendments.--Subsection (c) of such section--
                (1) is redesignated as subsection (b); and
                (2) is amended--
                        (A) in the first sentence, by striking ``The
                    official responsible for carrying out a program
                    developed under subsection (a) or (b) shall revise the
                    program'' and inserting ``The Secretary of Homeland
                    Security shall revise the program developed under
                    subsection (a)''; and

    [[Page 119 STAT. 3429]]

                        (B) in the second sentence, by striking ``the
                    official'' and inserting ``the Secretary''.

        (d) Repeal of Obsolete Provisions.--Such section is further amended
    by striking subsections (d) and (e).

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

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

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

                (2) Subsection (a) of such section is amended by striking
            ``or related materials'' and inserting ``radiological, nuclear,
            and high-yield explosives''.
                (3) Subsection (b) of such section is amended--
                        (A) in the subsection heading, by striking ``Plan''
                    and inserting ``Plans'';
                        (B) in the first sentence, by striking ``Not later
                    than'' and all that follows through ``response plans
                    and'' and inserting ``The Secretary of Homeland Security
                    shall incorporate into the National Response Plan
                    prepared pursuant to section 502(6) of the Homeland
                    Security Act of 2002 (6 U.S.C. 312(6)), other existing
                    Federal emergency response plans, and''; and
                        (C) in the second sentence--
                              (i) by striking ``Director'' and inserting
                          ``Secretary of Homeland Security''; and
                              (ii) by striking ``consultation'' and
                          inserting ``coordination''.

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

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

    SEC. 1035. REPORT ON USE OF DEPARTMENT OF DEFENSE AERIAL RECONNAISSANCE
                ASSETS TO SUPPORT HOMELAND SECURITY BORDER SECURITY
                MISSIONS.

        (a) Report Required.--Not later than 120 days after the date of the
    enactment of this Act, the Secretary of Defense shall submit to the
    Committee on Armed Services of the Senate and the Committee on Armed
    Services of the House of Representatives a report containing the results
    of a study regarding the use of aerial reconnaissance equipment of the
    Department of Defense in missions in which the Armed Forces support the
    Department of Homeland Security in performing its international border
    security mission. The Secretary of Defense shall conduct the study and
    prepare the report in coordination with the Secretary of Homeland
    Security.
        (b) Elements of Report.--The report required by subsection (a) shall
    include the following:
                (1) A description of the current use of aerial
            reconnaissance equipment of the Department of Defense to conduct
            aerial reconnaissance over the international land and maritime
            borders of the United States in missions in which the Armed

    [[Page 119 STAT. 3430]]

            Forces support the Department of Homeland Security in performing
            its international border security mission.
                (2) A statement of the costs of such missions and the source
            of funds for such missions.
                (3) The conclusions derived from a study of how the
            Department of Defense leverages dual-use aerial reconnaissance
            assets and technology, such as unmanned aerial vehicles and
            tethered aerostat radars, for both homeland defense and homeland
            security purposes.

                         Subtitle E--Reports and Studies

    SEC. 1041. REVIEW OF DEFENSE BASE ACT INSURANCE.

        (a) Review Required.--The Secretary of Defense shall review current
    and future needs, options, and risks associated with Defense Base Act
    insurance. The review shall be conducted in coordination with the
    Director of the Office of Management and Budget and appropriate
    officials of the Department of Labor, the Department of State, and the
    United States Agency for International Development.
        (b) Matters to Be Addressed.--The review under subsection (a) shall
    address the following matters:
                (1) Cost-effective options for acquiring Defense Base Act
            insurance.
                (2) Methods for coordinating data collection efforts among
            agencies and contractors on numbers of employees, costs of
            insurance, and other information relevant to decisions on
            Defense Base Act insurance.
                (3) Improved communication and coordination within and among
            agencies on the implementation of Defense Base Act insurance.
                (4) Actions to be taken to address difficulties in the
            administration of Defense Base Act insurance, including on
            matters relating to cost, data, enforcement, and claims
            processing.

        (c) Report Required.--Not later than one year after the date of the
    enactment of this Act, the Secretary shall submit to the congressional
    defense committees a report on the results of the review under
    subsection (a). The report shall set forth the findings of the Secretary
    as a result of the review and such recommendations, including
    recommendations for legislative or administrative action, as the
    Secretary considers appropriate in light of the review.
        (d) Defense Base Act Insurance Defined.--In this section, the term
    ``Defense Base Act insurance'' means workers' compensation insurance
    provided to contractor employees pursuant to the Defense Base Act (42
    U.S.C. 1651 et seq.).

    SEC. 1042. REPORT ON DEPARTMENT OF DEFENSE RESPONSE TO FINDINGS AND
                RECOMMENDATIONS OF DEFENSE SCIENCE BOARD TASK FORCE ON HIGH
                PERFORMANCE MICROCHIP SUPPLY.

        (a) Report Required.--Not later than July 1, 2006, the Secretary of
    Defense shall submit to the Committee on Armed Services of the Senate
    and the Committee on Armed Services of the House

    [[Page 119 STAT. 3431]]

    of Representatives a report on the implementation of the recommendations
    of the Defense Science Board Task Force on High Performance Microchip
    Supply.
        (b) Contents.--The report required by subsection (a) shall include
    the following:
                (1) An analysis of each finding of the Task Force.
                (2) A detailed description of the response of the Department
            of Defense to each recommendation of the Task Force, including--
                        (A) for each recommendation that is being
                    implemented or that the Secretary plans to implement--
                              (i) a summary of actions that have been taken
                          to implement the recommendation; and
                              (ii) a schedule, with specific milestones, for
                          completing the implementation of the
                          recommendation; and
                        (B) for each recommendation that the Secretary does
                    not plan to implement--
                              (i) the reasons for the decision not to
                          implement the recommendation; and
                              (ii) a summary of alternative actions the
                          Secretary plans to take to address the purposes
                          underlying the recommendation.
                (3) A summary of any additional actions the Secretary plans
            to take to address concerns raised by the Task Force.

                            Subtitle F--Other Matters

    SEC. 1051. COMMISSION ON THE IMPLEMENTATION OF THE NEW STRATEGIC POSTURE
                OF THE UNITED STATES.

        (a) Establishment of Commission.--
                (1) Establishment.--There is hereby established a commission
            to be known as the ``Commission on the Implementation of the New
            Strategic Posture of the United
            States''. <<NOTE: Contracts.>> The Secretary of Defense shall
            enter into a contract with a federally funded research and
            development center to provide for the organization, management,
            and support of the Commission. Such contract shall be entered
            into in consultation with the Secretary of Energy. The selection
            of the federally funded research and development center shall be
            made in consultation with the chairman and ranking minority
            member of the Committee on Armed Services of the Senate and the
            chairman and ranking minority member of the Committee on Armed
            Services of the House of Representatives.
                (2) Composition.--
                        (A) Membership.--The Commission shall be composed of
                    12 members who shall be appointed by the Secretary of
                    Defense. In selecting individuals for appointment to the
                    Commission, the Secretary of Defense shall consult with
                    the chairman and ranking minority member of the
                    Committee on Armed Services of the Senate and the
                    chairman and ranking minority member of the Committee on
                    Armed Services of the House of Representatives.

    [[Page 119 STAT. 3432]]

                        (B) Qualifications.--Members of the Commission shall
                    be appointed from among private United States citizens
                    with knowledge and expertise in the political, military,
                    operational, and technical aspects of nuclear strategy.
                (3) Chairman of the commission.--The Secretary of Defense
            shall designate one of the members of the Commission to serve as
            chairman of the Commission.
                (4) Period of appointment; vacancies.--Members shall be
            appointed for the life of the Commission. Any vacancy in the
            Commission shall be filled in the same manner as the original
            appointment.
                (5) Security clearances.--All members of the Commission
            shall hold appropriate security clearances.

        (b) Duties of Commission.--
                (1) Review of implementation of nuclear posture review.--The
            Commission shall examine programmatic requirements to achieve
            the goals set forth in the report of the Secretary of Defense
            submitted to Congress on December 31, 2001, providing the
            results of the Nuclear Posture Review conducted pursuant to
            section 1041 of the Floyd D. Spence National Defense
            Authorization Act for Fiscal Year 2001 (as enacted into law by
            Public Law 106-398; 114 Stat. 1654, 1654A-262) and results of
            periodic assessments of the Nuclear Posture Review. Matters
            examined by the Commission shall include the following:
                        (A) The process of establishing requirements for
                    strategic forces and how that process accommodates
                    employment of nonnuclear strike platforms and munitions
                    in a strategic role.
                        (B) How strategic intelligence, reconnaissance, and
                    surveillance requirements differ from nuclear
                    intelligence, reconnaissance, and surveillance
                    requirements.
                        (C) The ability of a limited number of strategic
                    platforms to carry out a growing range of nonnuclear
                    strategic strike missions.
                        (D) The limits of tactical systems to perform
                    nonnuclear global strategic missions in a prompt manner.
                        (E) An assessment of the ability of the current
                    nuclear stockpile to address the evolving strategic
                    threat environment through 2008.
                (2) Recommendations.--The Commission shall include in its
            report recommendations with respect to the following:
                        (A) Changes to the requirements process to employ
                    nonnuclear strike platforms and munitions in a strategic
                    role.
                        (B) Changes to the nuclear stockpile and
                    infrastructure required to preserve a nuclear capability
                    commensurate with the changes to the strategic threat
                    environment through 2008.
                        (C) Actions the Secretary of Defense and the
                    Secretary of Energy can take to preserve flexibility of
                    the defense nuclear complex while reducing the cost of a
                    Cold War strategic infrastructure.
                        (D) Identify shortfalls in the strategic
                    modernization programs of the United States that would
                    undermine the ability of the United States to develop
                    new nonnuclear strategic strike capabilities.

    [[Page 119 STAT. 3433]]

                (3) Cooperation from government.--
                        (A) Cooperation.--In carrying out its duties, the
                    Commission shall receive the full and timely cooperation
                    of the Secretary of Defense, the Secretary of Energy,
                    and any other United States Government official in
                    providing the Commission with analyses, briefings, and
                    other information necessary for the fulfillment of its
                    responsibilities.
                        (B) Liaison with doe & dod.--The Secretary of Energy
                    and the Secretary of Defense shall each designate at
                    least one officer or employee of the Department of
                    Energy and the Department of Defense, respectively, to
                    serve as a liaison officer between the department and
                    the Commission.

        (c) Reports.--
                (1) Commission report.--Not later than June 30, 2007, the
            Commission shall submit to the Secretary of Defense and the
            Committees on Armed Services of the Senate and House of
            Representatives a report on the Commission's findings and
            conclusions.
                (2) Secretary of defense response.--
                        (A) In general.--The Secretary of Defense may submit
                    to the Commission a response to the report of the
                    Commission under paragraph (1). If the Secretary elects
                    to submit to the Commission a response to the report of
                    the Commission, the Secretary shall also submit such
                    response to the committees specified in paragraph (1).
                        (B) Matters to be included.--The response, if any,
                    of the Secretary to the report of the Commission shall
                    include--
                              (i) comments on the findings and conclusions
                          of the Commission; and
                              (ii) an explanation of what actions, if any,
                          the Secretary intends to take to implement the
                          recommendations of the Commission and, with
                          respect to each such recommendation, the
                          Secretary's reasons for implementing, or not
                          implementing, the recommendation.

        (d) Detail of Government Employees.--Upon request of the chairman of
    the Commission, the head of any Federal department or agency may detail,
    on a nonreimbursable basis, up to three employees of such department or
    agency to the Commission to assist it in carrying out its duties.
        (e) Funding.--Funds for activities of the Commission shall be
    provided from amounts appropriated for the Department of Defense.
        (f) Termination of Commission.--The Commission shall terminate on
    July 30, 2007.
        (g) <<NOTE: Deadlines.>> Implementation.--
                (1) FFRDC contract.--The Secretary of Defense shall enter
            into the contract required under subsection (a)(1) not later
            that 60 days after the date of the enactment of this Act.
                (2) First meeting.--The Commission shall convene its first
            meeting not later than 30 days after the date as of which all
            members of the Commission have been appointed.

    [[Page 119 STAT. 3434]]

    SEC. 1052. <<NOTE: 50 USC 2301 note.>> 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 assess the following:
                ``(1) The vulnerability of electric-dependent military
            systems and other electric-dependent systems in the United
            States to an EMP attack, giving special attention to the
            progress, or lack of progress, by the Department of Defense,
            other Government departments and agencies of the United States,
            and entities of the private sector in taking steps to protect
            such systems from such an attack.
                ``(2) The report of the Secretary of Defense submitted to
            Congress under section 1403(b) of this Act as in effect before
            the enactment of the National Defense Authorization Act for
            Fiscal Year 2006.''.

        (f) Report.--Section 1403 of the Commission charter (114 Stat.
    1654A-345) is amended to read as follows:

    [[Page 119 STAT. 3435]]

    ``SEC. 1403. REPORTS.

        ``(a) Final Report.--Not later than June 30, 2007, the Commission
    shall submit to Congress a report providing the Commission's assessment
    of the matters specified in section 1402. That report shall include
    recommendations for any steps the Commission believes should be taken by
    the United States to better protect systems referred to in section
    1402(1) from an EMP attack.
        ``(b) Interim Reports.--Before the submission of its report under
    subsection (a), the Commission may submit to Congress interim reports at
    such times as the Commission considers appropriate.''.
        (g) Clerical Amendment.--The heading for subsection (c) of section
    1405 of the Commission charter (114 Stat. 1654A-347) is amended by
    striking ``Commission'' and inserting ``Panels''.
        (h) Commission Personnel Matters.--Section 1406(c)(2) of the
    Commission charter (114 Stat. 1654A-347) is amended by striking ``for
    grade GS-15 of the General Schedule'' and inserting ``for senior level
    and scientific or professional positions''.
        (i) Funding.--Section 1408 of the Commission charter (114 Stat.
    1654A-348) is amended--
                (1) by inserting ``for any fiscal year'' after ``activities
            of the Commission''; and
                (2) by striking ``for fiscal year 2001'' and inserting ``for
            that fiscal year''.

        (j) Termination.--Section 1049 of of the Commission charter (114
    Stat. 1654A-348) is amended by striking ``60 days'' and inserting ``30
    days''.

    SEC. 1053. MODERNIZATION OF AUTHORITY RELATING TO SECURITY OF DEFENSE
                PROPERTY AND FACILITIES.

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

           ``penalty for violation of security regulations and orders

        ``Sec. 21.  (a) Misdemeanor Violation of Defense Property Security
    Regulations.--
                ``(1) Misdemeanor.--Whoever willfully violates any defense
            property security regulation shall be fined under title 18,
            United States Code, or imprisoned not more than one year, or
            both.
                ``(2) Defense property security regulation described.--For
            purposes of paragraph (1), a defense property security
            regulation is a property security regulation that, pursuant to
            lawful authority--
                        ``(A) shall be or has been promulgated or approved
                    by the Secretary of Defense (or by a military commander
                    designated by the Secretary of Defense or by a military
                    officer, or a civilian officer or employee of the
                    Department of Defense, holding a senior Department of
                    Defense director position designated by the Secretary of
                    Defense) for the protection or security of Department of
                    Defense property; or
                        ``(B) shall be or has been promulgated or approved
                    by the Administrator of the National Aeronautics and
                    Space Administration for the protection or security of
                    NASA property.

    [[Page 119 STAT. 3436]]

                ``(3) Property security regulation described.--For purposes
            of paragraph (2), a property security regulation, with respect
            to any property, is a regulation--
                        ``(A) relating to fire hazards, fire protection,
                    lighting, machinery, guard service, disrepair, disuse,
                    or other unsatisfactory conditions on such property, or
                    the ingress thereto or egress or removal of persons
                    therefrom; or
                        ``(B) otherwise providing for safeguarding such
                    property against destruction, loss, or injury by
                    accident or by enemy action, sabotage, or other
                    subversive actions.
                ``(4) Definitions.--In this subsection:
                        ``(A) Department of defense property.--The term
                    `Department of Defense property' means covered property
                    subject to the jurisdiction, administration, or in the
                    custody of the Department of Defense, any Department or
                    agency of which that Department consists, or any officer
                    or employee of that Department or agency.
                        ``(B) NASA property.--The term `NASA property' means
                    covered property subject to the jurisdiction,
                    administration, or in the custody of the National
                    Aeronautics and Space Administration or any officer or
                    employee thereof.
                        ``(C) Covered property.--The term `covered property'
                    means aircraft, airports, airport facilities, vessels,
                    harbors, ports, piers, water-front facilities, bases,
                    forts, posts, laboratories, stations, vehicles,
                    equipment, explosives, or other property or places.
                        ``(D) Regulation as including order.--The term
                    `regulation' includes an order.

        ``(b) Posting.--Any regulation or order covered by subsection (a)
    shall be posted in conspicuous and appropriate places.''.

    SEC. 1054. REVISION OF DEPARTMENT OF DEFENSE COUNTERINTELLIGENCE
                POLYGRAPH PROGRAM.

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

    ``Sec. 1564a. Counterintelligence polygraph program

        ``(a) Authority for Program.--The Secretary of Defense may carry out
    a program for the administration of counterintelligence polygraph
    examinations to persons described in subsection (b). The program shall
    be conducted in accordance with the standards specified in subsection
    (e).
        ``(b) Persons Covered.--Except as provided in subsection (d), the
    following persons, if their duties are described in subsection (c), are
    subject to this section:
                ``(1) Military and civilian personnel of the Department of
            Defense.
                ``(2) Personnel of defense contractors.
                ``(3) A person assigned or detailed to the Department of
            Defense.
                ``(4) An applicant for a position in the Department of
            Defense.

        ``(c) Covered Types of Duties.--The Secretary of Defense may
    provide, under standards established by the Secretary, that a person
    described in subsection (b) is subject to this section if that person's
    duties involve--
                ``(1) access to information that--

    [[Page 119 STAT. 3437]]

                        ``(A) has been classified at the level of top
                    secret; or
                        ``(B) is designated as being within a special access
                    program under section 4.4(a) of Executive Order No.
                    12958 (or a successor Executive order); or
                ``(2) assistance in an intelligence or military mission in a
            case in which the unauthorized disclosure or manipulation of
            information, as determined under standards established by the
            Secretary of Defense, could reasonably be expected to--
                        ``(A) jeopardize human life or safety;
                        ``(B) result in the loss of unique or uniquely
                    productive intelligence sources or methods vital to
                    United States security; or
                        ``(C) compromise technologies, operational plans, or
                    security procedures vital to the strategic advantage of
                    the United States and its allies.

        ``(d) Exceptions From Coverage for Certain Intelligence Agencies and
    Functions.--This section does not apply to the following persons:
                ``(1) A person assigned or detailed to the Central
            Intelligence Agency or to an expert or consultant under a
            contract with the Central Intelligence Agency.
                ``(2) A person who is--
                        ``(A) employed by or assigned or detailed to the
                    National Security Agency;
                        ``(B) an expert or consultant under contract to the
                    National Security Agency;
                        ``(C) an employee of a contractor of the National
                    Security Agency; or
                        ``(D) a person applying for a position in the
                    National Security Agency.
                ``(3) A person assigned to a space where sensitive
            cryptographic information is produced, processed, or stored.
                ``(4) A person employed by, or assigned or detailed to, an
            office within the Department of Defense for the collection of
            specialized national foreign intelligence through reconnaissance
            programs or a contractor of such an office.

        ``(e) Standards.--(1) Polygraph examinations conducted under this
    section shall comply with all applicable laws and regulations.
        ``(2) Such examinations may be authorized for any of the following
    purposes:
                ``(A) To assist in determining the initial eligibility for
            duties described in subsection (c) of, and aperiodically
            thereafter, on a random basis, to assist in determining the
            continued eligibility of, persons described in subsections (b)
            and (c).
                ``(B) With the consent of, or upon the request of, the
            examinee, to--
                        ``(i) resolve serious credible derogatory
                    information developed in connection with a personnel
                    security investigation; or
                        ``(ii) exculpate him- or herself of allegations or
                    evidence arising in the course of a counterintelligence
                    or personnel security investigation.
                ``(C) To assist, in a limited number of cases when
            operational exigencies require the immediate use of a person's
            services before the completion of a personnel security
            investigation, in determining the interim eligibility for duties
            described in subsection (c) of the person.

    [[Page 119 STAT. 3438]]

        ``(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 <<NOTE: 10 USC 1564a
    note.>> amendment made by subsection (a) shall apply with respect to
    polygraph examinations administered beginning on the date of the
    enactment of this Act.

    SEC. 1055. <<NOTE: 10 USC 113 note.>> PRESERVATION OF RECORDS PERTAINING
                TO RADIOACTIVE FALLOUT FROM NUCLEAR WEAPONS TESTING.

        (a) Prohibition of Destruction of Certain Records.--The Secretary of
    Defense may not destroy any official record in the custody or control of
    the Department of Defense that contains information relating to
    radioactive fallout from nuclear weapons testing.
        (b) Preservation and Publication of Information.--The Secretary of
    Defense shall identify, preserve, and make available any unclassified
    information contained in official records referred to in subsection (a).

    SEC. 1056. TECHNICAL AND CLERICAL AMENDMENTS.

        (a) Amendments Relating to Definition of Base Closure Laws.--
                (1) Section 2694a(i) of title 10, United States Code, is
            amended by striking paragraph (2).
                (2) Paragraph (1) of section 1333(i) of the National Defense
            Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10
            U.S.C. 2701 note) is amended to read as follows:
                ``(1) Base closure law.--The term `base closure law' has the
            meaning given such term in section 101(a)(17) of title 10,
            United States Code.''.

    [[Page 119 STAT. 3439]]

                (3) Subsection (b) of section 2814 of the Military
            Construction Authorization Act for Fiscal Year 1995 (division B
            of Public Law 103-337; 10 U.S.C. 2687 note) is amended to read
            as follows:

        ``(b) Base Closure Law Defined.--In this section, the term `base
    closure law' has the meaning given such term in section 101(a)(17) of
    title 10, United States Code.''.
                (4) Subsection (c) of section 3341 of title 5, United States
            Code, is amended to read as follows:

        ``(c) For purposes of this section, the term `base closure law' has
    the meaning given such term in section 101(a)(17) of title 10.''.
                (5) Chapter 5 of title 40, United States Code, is amended--
                        (A) in section 554(a)(1), by striking ``means'' and
                    all that follows and inserting ``has the meaning given
                    that term in section 101(a)(17) of title 10.''; and
                        (B) in section 572(b)(1)(B), by striking ``section
                    2667(h)(2) of title 10'' and inserting ``section
                    101(a)(17) of title 10''.
                (6) The Act of November 13, 2000, entitled ``An Act to amend
            the Organic Act of Guam, and for other purposes'' (Public Law
            106-504; 114 Stat. 2309) is amended by striking paragraph (2) of
            section 1(c) and inserting the following new paragraph (2):
                ``(2) The term `base closure law' has the meaning given such
            term in section 101(a)(17) of title 10, United States Code.''.

        (b) Definition of State for Purposes of Section 2694a.--Subsection
    (i) of section 2694a of title 10, United States Code, as amended by
    subsection (a)(1), is further amended--
                (1) by redesignating paragraphs (3) and (4) as paragraphs
            (2) and (3), respectively; and
                (2) in paragraph (3), as so redesignated, by striking ``and
            the territories and possessions of the United States'' and
            inserting ``Guam, the Virgin Islands, and American Samoa''.

        (c) Other Miscellaneous Corrections to Title 10, United States
    Code.--Title 10, United States Code, is amended as follows:
                (1) Section 101(e)(4)(B)(ii) is amended by striking the
            comma after ``bulk explosives''.
                (2) Section 127b(d)(1) is amended by striking ``polices'' in
            the second sentence and inserting ``policies''.
                (3) Section 1732 is amended--
                        (A) in subsection (c)--
                              (i) by striking ``(b)(2)(A) and (b)(2)(B)'' in
                          paragraphs (1) and (2) and inserting ``(b)(1)(A)
                          and (b)(1)(B)''; and
                              (ii) by striking paragraph (3); and
                        (B) in subsection (d)(2), by striking
                    ``(b)(2)(A)(ii)'' and inserting ``(b)(1)(A)(ii)''.
                (4) Section 2410n(b) is amended by striking ``compeititon''
            in the second sentence and inserting ``competition''.
                (5) Section 2507(d) is amended by striking ``section (a)''
            and inserting ``subsection (a)''.
                (6) Section 2665(a) is amended by striking ``under section
            2664 of this title''.
                (7) Section 2703(b) is amended by striking ``For purposes of
            the preceding sentence, the terms `unexploded ordnance',

    [[Page 119 STAT. 3440]]

            `discarded military munitions', and'' and inserting ``In this
            subsection, the terms `discarded military munitions' and''.
                (8) Section 2773a(a) is amended by inserting ``by'' after
            ``incorrect payment made'' in the first sentence.
                (9) Section 2801(d) is amended by striking ``sections 2830
            and 2835'' and inserting ``sections 2830, 2835, and 2836 of this
            chapter''.
                (10) Section 2881a(f) is amended by striking
            ``Notwithstanding section 2885 of this title, the'' and
            inserting ``The''.
                (11) Section 3084 is amended by striking the semicolon in
            the section heading and inserting a colon.

        (d) Ronald W. Reagan National Defense Authorization Act for Fiscal
    Year 2005.--Section 1105(h) of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat.
    2075) is amended by <<NOTE: 10 USC 2192 note.>> striking ``(21 U.S.C.''
    and inserting ``(20 U.S.C.''.

        (e) Bob Stump National Defense Authorization Act for Fiscal Year
    2003.--The Bob Stump National Defense Authorization Act for Fiscal Year
    2003 (Public Law 107-314) is amended as follows:
                (1) Section 314 (116 Stat. 2508) <<NOTE: 10 USC 2302
            note.>> 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 <<NOTE: 10 USC
            3702.>> amended by inserting ``the first place it appears''
            after ``by striking `a claim' ''.

        (f) National Defense Authorization Act for Fiscal Year 1994.--
    Section 1605(a)(4) of the National Defense Authorization Act for Fiscal
    Year 1994 (22 U.S.C. 2751 note) is amended by striking ``Logisitics'' in
    the first sentence and inserting ``Logistics''.
        (g) Title 38, United States Code.--Section 8111(b)(1) of title 38,
    United States Code, is amended by inserting ``of 1993'' after ``the
    Government Performance and Results Act''.

    SEC. 1057. DELETION OF OBSOLETE DEFINITIONS IN TITLES 10 AND 32, UNITED
                STATES CODE.

        (a) Deleting Obsolete Definition of ``Territory'' in Title 10.--
    Title 10, United States Code, is amended as follows:
                (1) Section 101(a) is amended by striking paragraph (2).
                (2) The following sections are amended by striking the terms
            ``Territory or'', ``or Territory'', ``a Territorial
            Department,'', ``or a Territory'', ``Territory and'', ``its
            Territories,'', and ``and Territories'' each place they appear:
            sections 101(a)(3), 332, 822, 1072, 1103, 2671, 3037, 5148,
            8037, 8074, 12204, and 12642.
                (3) The following sections are amended by striking the terms
            ``Territory,'' and ``Territories,'' each place they appear:
            sections 849, 858, 888, 2668, 2669, 7545, and 9773.
                (4) Section 808 is amended by striking ``Territory,
            Commonwealth, or possession,'' and inserting ``Commonwealth,
            possession,''.
                (5) The following sections are amended by striking
            ``Territories, Commonwealths, or possessions'' each place it
            appears and inserting ``Commonwealths or possessions'': sections
            847, 2734, 4778, 5986, 7652, 7653, and 12406.

    [[Page 119 STAT. 3441]]

                (6) The following sections are amended by striking
            ``Territories, Commonwealths, and possessions'' each place it
            appears and inserting ``Commonwealths and possessions'':
            sections 846, 3062, 3074, 4747, 4778, 8062, and 9778.
                (7) Section 312 is amended by striking ``States and
            Territories, and Puerto Rico'' and inserting ``States, the
            Commonwealth of Puerto Rico, Guam, and the Virgin Islands''.
                (8) Section 335 is amended by striking ``the unincorporated
            territories of''.
                (9) Sections 4301 and 9301 are amended by striking ``State
            or Territory, Puerto Rico, or the District of Columbia'' each
            place it appears and inserting ``State, the Commonwealth of
            Puerto Rico, the District of Columbia, Guam, or the Virgin
            Islands''.
                (10) Sections 4685 and 9685 are amended by striking ``State
            or Territory concerned'' each place it appears and inserting
            ``State concerned or Guam or the Virgin Islands'' and by
            striking ``State and Territorial'' each place it appears and
            inserting ``State, Guam, and the Virgin Islands''.
                (11) Section 7851 is amended by striking ``States, the
            Territories, and the District of Columbia'' and inserting
            ``States, the District of Columbia, Guam, and the Virgin
            Islands''.
                (12) Section 7854 is amended by striking ``any State, any
            Territory, or the District of Columbia'' and inserting ``any
            State, the District of Columbia, Guam, or the Virgin Islands''.

        (b) Deleting Obsolete Definition of ``Territory'' in Title 32.--
    Title 32, United States Code, is amended as follows:
                (1) Paragraph (1) of section 101 is amended to read as
            follows:
                ``(1) For purposes of other laws relating to the militia,
            the National Guard, the Army National Guard of the United
            States, and the Air National Guard of the United States, the
            term `Territory' includes Guam and the Virgin Islands.''.
                (2) Sections 103, 104(c), 314, 315, 708(d), and 711 are
            amended by striking ``State and Territory, Puerto Rico, and the
            District of Columbia'' and ``State or Territory, Puerto Rico,
            and the District of Columbia'' each place they appear and
            inserting ``State, the Commonwealth of Puerto Rico, the District
            of Columbia, Guam, and the Virgin Islands''.
                (3) Sections 104(d), 107, 109, 503, 703, 704, 710, and 712
            are amended by striking ``State or Territory, Puerto Rico, or
            the District of Columbia'' and ``State or Territory, Puerto
            Rico, the Virgin Islands or the District of Columbia'' each
            place they appear and inserting ``State, the Commonwealth of
            Puerto Rico, the District of Columbia, Guam, or the Virgin
            Islands''.
                (4) Sections 104(a), 505, 702(a), and 708(a) are amended by
            striking ``State or Territory and Puerto Rico'', ``State or
            Territory or Puerto Rico'', and ``State or Territory, Puerto
            Rico'' each place they appear and inserting ``State, the
            Commonwealth of Puerto Rico, Guam, and the Virgin Islands''.
                (5) Section 324 is amended by striking ``State or Territory
            of whose National Guard he is a member, or by the laws of Puerto
            Rico, or the District of Columbia, if he is a member of its
            National Guard'' and inserting ``State of whose National Guard
            he is a member, or by the laws of the Commonwealth of Puerto
            Rico, or the District of Columbia, Guam, or the Virgin Islands,
            whose National Guard he is a member''.

    [[Page 119 STAT. 3442]]

                (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''.

    SEC. 1058. SUPPORT FOR YOUTH ORGANIZATIONS.

        (a) Youth Organization Defined.--In <<NOTE: 5 USC 301 note.>> this
    section, the term ``youth organization'' means--
                (1) the Boy Scouts of America;
                (2) the Girl Scouts of the United States of America;
                (3) the Boys Clubs of America;
                (4) the Girls Clubs of America;
                (5) the Young Men's Christian Association;
                (6) the Young Women's Christian Association;
                (7) the Civil Air Patrol;
                (8) the United States Olympic Committee;
                (9) the Special Olympics;
                (10) Campfire USA;
                (11) the Young Marines;
                (12) the Naval Sea Cadets Corps;
                (13) 4-H Clubs;
                (14) the Police Athletic League;
                (15) Big Brothers--Big Sisters of America;
                (16) National Guard Challenge Program; and
                (17) any other organization designated by the President as
            an organization that is primarily intended to--
                        (A) serve individuals under the age of 21 years;
                        (B) provide training in citizenship, leadership,
                    physical fitness, service to community, and teamwork;
                    and
                        (C) promote the development of character and ethical
                    and moral values.

        (b) Support for <<NOTE: 5 USC 301 note.>> Youth Organizations.--
                (1) Continuation of support.--No Federal law (including any
            rule, regulation, directive, instruction, or order) shall be
            construed to limit any Federal agency from providing any form of
            support for a youth organization (including the Boy Scouts of
            America or any group officially affiliated with the Boy Scouts
            of America) that would result in that Federal agency providing
            less support to that youth organization (or any similar
            organization chartered under the chapter of title 36, United
            States Code, relating to that youth organization) than was
            provided during the preceding fiscal year to that youth
            organization. This paragraph shall be subject to the
            availability of appropriations.
                (2) Youth organizations that cease to exist.--Paragraph (1)
            shall not apply to any youth organization that ceases to exist.
                (3) Waivers.--The head of a Federal agency may waive the
            application of paragraph (1) to a youth organization with
            respect to each conviction or investigation described under
            subparagraph (A) or (B) for a period of not more than two fiscal
            years if--

    [[Page 119 STAT. 3443]]

                        (A) any senior officer (including any member of the
                    board of directors) of the youth organization is
                    convicted of a criminal offense relating to the official
                    duties of that officer or the youth organization is
                    convicted of a criminal offense; or
                        (B) the youth organization is the subject of a
                    criminal investigation relating to fraudulent use or
                    waste of Federal funds.
                (4) Types of support.--Support described in paragraph (1)
            includes--
                        (A) authorizing a youth organization to hold
                    meetings, camping events, or other activities on Federal
                    property;
                        (B) hosting any official event of a youth
                    organization;
                        (C) loaning equipment for the use of a youth
                    organization; and
                        (D) providing personnel services and logistical
                    support for a youth organization.

        (c) Continuation of Department of Defense of Support for Scout
    Jamborees.--Section 2554 of title 10, United States Code, is amended by
    adding at the end the following new subsection:
        ``(i)(1) The Secretary of Defense shall provide at least the same
    level of support under this section for a national or world Boy Scout
    Jamboree as was provided under this section for the preceding national
    or world Boy Scout Jamboree.
        ``(2) The Secretary of Defense may waive paragraph (1), if the
    Secretary--
                ``(A) determines that providing the support subject to
            paragraph (1) would be detrimental to the national security of
            the United States; and
                ``(B) <<NOTE: Reports.>> submits to Congress a report
            containing such determination in a timely manner, and before the
            waiver takes effect.''.

        (d) Equal Access for Youth Organizations.--Section 109 of the
    Housing and Community Development Act of 1974 (42 U.S.C. 5309) is
    amended--
                (1) in the first sentence of subsection (b), by inserting
            ``or (e)'' after ``subsection (a)''; and
                (2) by adding at the end the following new subsection:

        ``(e) Equal Access.--
                ``(1) Definition.--In this subsection, the term `youth
            organization' means an organization described under part B of
            subtitle II of title 36, United States Code, that is intended to
            serve individuals under the age of 21 years.
                ``(2) In general.--No State or unit of general local
            government that has a designated open forum, limited public
            forum, or nonpublic forum and that is a recipient of assistance
            under this title shall deny equal access or a fair opportunity
            to meet to, or discriminate against, any youth organization,
            including the Boy Scouts of America or any group officially
            affiliated with the Boy Scouts of America, that wishes to
            conduct a meeting or otherwise participate in that designated
            open forum, limited public forum, or nonpublic forum.''.

    SEC. 1059. <<NOTE: 8 USC 1101 note.>> 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

    [[Page 119 STAT. 3444]]

    Secretary of Homeland Security may provide an alien described in
    subsection (b) with the status of a special immigrant under section
    101(a)(27) of such Act (8 U.S.C. 1101(a)(27)), if the alien--
                (1) files with the Secretary of Homeland Security a petition
            under section 204 of such Act (8 U.S.C. 1154) for classification
            under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4)); and
                (2) is otherwise eligible to receive an immigrant visa and
            is otherwise admissible to the United States for permanent
            residence, except in determining such admissibility, the grounds
            for inadmissibility specified in section 212(a)(4) of such Act
            (8 U.S.C. 1182(a)(4)) shall not apply.

        (b) Aliens Described.--
                (1) Principal aliens.--An alien is described in this
            subsection if the alien--
                        (A) is a national of Iraq or Afghanistan;
                        (B) worked directly with United States Armed Forces
                    as a translator for a period of at least 12 months;
                        (C) obtained a favorable written recommendation from
                    a general or flag officer in the chain of command of the
                    United States Armed Forces unit that was supported by
                    the alien; and
                        (D) before filing the petition described in
                    subsection (a)(1), cleared a background check and
                    screening, as determined by a general or flag officer in
                    the chain of command of the United States Armed Forces
                    unit that was supported by the alien.
                (2) Spouses and children.--An alien is described in this
            subsection if the alien is the spouse or child of a principal
            alien described in paragraph (1), and is following or
            accompanying to join the principal alien.

        (c) Numerical Limitations.--
                (1) In general.--The total number of principal aliens who
            may be provided special immigrant status under this section
            during any fiscal year shall not exceed 50.
                (2) Counting against special immigrant cap.--For purposes of
            the application of sections 201 through 203 of the Immigration
            and Nationality Act (8 U.S.C. 1151-1153) in any fiscal year,
            aliens eligible to be provided status under this section shall
            be treated as special immigrants described in section 101(a)(27)
            of such Act (8 U.S.C. 1101(a)(27)) who are not described in
            subparagraph (A), (B), (C), or (K) of such section.

        (d) Application of Immigration and Nationality Act Provisions.--The
    definitions in subsections (a) and (b) of section 101 of the Immigration
    and Nationality Act (8 U.S.C. 1101) shall apply in the administration of
    this section.

    SEC. 1060. EXPANSION OF EMERGENCY SERVICES UNDER RECIPROCAL AGREEMENTS.

         Subsection (b) of the first section of the Act of May 27, 1955 (42
    U.S.C. 1856(b)), is amended by striking ``and fire fighting'' and
    inserting ``, fire fighting, and emergency services, including basic
    medical support, basic and advanced life support, hazardous material
    containment and confinement, and special rescue events involving
    vehicular and water mishaps, and trench, building, and confined space
    extractions''.

    [[Page 119 STAT. 3445]]

    SEC. 1061. RENEWAL OF MORATORIUM ON RETURN OF VETERANS MEMORIAL OBJECTS
                TO FOREIGN NATIONS WITHOUT SPECIFIC AUTHORIZATION IN LAW.

        Section 1051(c) of the National Defense Authorization Act for Fiscal
    Year 2000 (Public Law 106-65; 10 U.S.C. 2572 note) is amended--
                (1) by striking ``the date of the enactment of this Act''
            and inserting ``October 5, 1999,''; and
                (2) by inserting before the period at the end the following:
            ``, and during the period beginning on the date of the enactment
            of the National Defense Authorization Act for Fiscal Year 2006
            and ending on September 30, 2010''.

    SEC. 1062. SENSE OF CONGRESS ON NATIONAL SECURITY INTEREST OF
                MAINTAINING AERONAUTICS RESEARCH AND DEVELOPMENT.

        (a) Findings.--Congress makes the following findings:
                (1) The advances made possible by Government-funded research
            in emerging aeronautics technologies have enabled longstanding
            military air superiority for the United States in recent
            decades.
                (2) Military aircraft incorporate advanced technologies
            developed at research centers of the National Aeronautics and
            Space Administration.
                (3) The vehicle systems program of the National Aeronautics
            and Space Administration has provided major technology advances
            that have been used in every major civil and military aircraft
            developed over the last 50 years.
                (4) It is important for the cooperative research efforts of
            the National Aeronautics and Space Administration and the
            Department of Defense that funding of research on military
            aviation technologies be robust.
                (5) Recent National Aeronautics and Space Administration and
            independent studies have demonstrated the competitiveness,
            scientific merit, and necessity of existing aeronautics
            programs.
                (6) The economic and military security of the United States
            is enhanced by the continued development of improved aeronautics
            technologies.
                (7) A national effort is needed to ensure that the National
            Aeronautics and Space Administration can help meet future
            aviation needs.

        (b) Sense of Congress.--It is the sense of Congress that it is in
    the national security interest of the United States to maintain a strong
    aeronautics research and development program within the Department of
    Defense and the National Aeronautics and Space Administration.

    SEC. 1063. AIRPORT CERTIFICATION.

        For the airport referred to in paragraph (1) to be eligible to
    receive approval of an airport layout plan by the Federal Aviation
    Administration, such airport shall ensure and provide documentation
    that--
                (1) the governing body of an airport built after the date of
            enactment of this Act at site number 04506.3*A and under number
            17-0027 of the National Plan of Integrated Airport

    [[Page 119 STAT. 3446]]

            Systems is composed of a majority of local residents who live in
            the county in which such airport is located; and
                (2) the airport complies with sections 303, 303A, and 303B
            of the Federal Property and Administrative Services Act of 1949
            (41 U.S.C. 253-253b) as implemented by the Federal Acquisition
            Regulation issued pursuant to section 25 of the Office of
            Federal Procurement Policy Act (41 U.S.C. 421) regarding land
            procurement and developer selection.

                        Subtitle G--Military Mail Matters

    SEC. 1071. <<NOTE: 10 USC 113 note.>> SAFE DELIVERY OF MAIL IN MILITARY
                MAIL SYSTEM.

        (a) Plan for Safe Delivery of Military Mail.--
                (1) Plan required.--The Secretary of Defense shall develop
            and implement a plan to ensure that the mail within the military
            mail system is safe for delivery. The plan shall provide for the
            screening of all mail within the military mail system in order
            to detect the presence of biological, chemical, or radiological
            weapons, agents, or pathogens or explosive devices before mail
            within the military mail system is delivered to its intended
            recipients.
                (2) Funding.--The budget justification materials submitted
            to Congress with the budget of the President for fiscal year
            2007 and each fiscal year thereafter shall include a description
            of the amounts required in such fiscal year to carry out the
            plan.

        (b) Report on Safety of Mail for Delivery.--
                (1) Report required.--Not later than 120 days after the date
            of the enactment of this Act, the Secretary shall submit to
            Congress a report on the safety of mail within the military mail
            system for delivery.
                (2) Elements.--The report shall include the following:
                        (A) An assessment of any existing deficiencies in
                    the military mail system in ensuring that mail within
                    the military mail system is safe for delivery.
                        (B) The plan required by subsection (a).
                        (C) An estimate of the time and resources required
                    to implement the plan.
                        (D) A description of the delegation within the
                    Department of Defense of responsibility for ensuring
                    that mail within the military mail system is safe for
                    delivery, including responsibility for the development,
                    implementation, and oversight of improvements to the
                    military mail system to ensure that mail within the
                    military mail system is safe for delivery.
                (3) Form.--The report shall be submitted in unclassified
            form, but may include a classified annex.

        (c) Mail Within the Military Mail System Defined.--
                (1) In general.--In this section, the term ``mail within the
            military mail system'' means--
                        (A) any mail that is posted through the Military
                    Post Offices (including Army Post Offices (APOs) and
                    Fleet Post Offices (FPOs)), Department of Defense mail
                    centers, military Air Mail Terminals, and military Fleet
                    Mail Centers; and

    [[Page 119 STAT. 3447]]

                        (B) any mail or package posted in the United States
                    that is addressed to an unspecified member of the Armed
                    Forces.
                (2) Inclusions and exception.--The term includes any
            official mail posted by the Department of Defense. The term does
            not include any mail posted as otherwise described in paragraph
            (1) that has been screened for safety for delivery by the United
            States Postal Service before such posting.

                      TITLE XI--CIVILIAN PERSONNEL MATTERS

                      Subtitle A--Extensions of Authorities

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

                     Subtitle B--Veterans Preference Matters

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

                            Subtitle C--Other Matters

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

                      Subtitle A--Extensions of Authorities

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

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

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

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

    [[Page 119 STAT. 3448]]

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

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

    SEC. 1104. PERMANENT EXTENSION OF SCIENCE, MATHEMATICS, AND RESEARCH FOR
                TRANSFORMATION (SMART) DEFENSE EDUCATION PROGRAM.

        (a) Permanent Extension.--Section 1105 of the Ronald W. Reagan
    National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
    375; 118 Stat. 2074; 10 U.S.C. 2192 note) is amended--
                (1) by striking ``pilot'' each place it appears in the
            section and subsection headings and the text;
                (2) in subsection (a)--
                        (A) by striking ``(1)''; and
                        (B) by striking paragraph (2);
                (3) in subsection (b)--
                        (A) by striking ``(b)'' and all that follows through
                    ``a scholarship'' and inserting ``(b) Financial
                    Assistance.--(1) Under the program under this section,
                    the Secretary of Defense may award a scholarship or
                    fellowship'';
                        (B) in paragraph (1)(B)--
                              (i) by striking ``undergraduate'' and
                          inserting ``associates degree, undergraduate
                          degree,''; and
                              (ii) by inserting ``accredited'' before
                          ``institution of higher education'';
                        (C) in paragraph (2)--
                              (i) by inserting ``or fellowship'' after
                          ``scholarship'';
                              (ii) by inserting ``equipment expenses,''
                          after ``laboratory expenses,''; and
                              (iii) by striking the second sentence; and
                        (D) by adding at the end the following new
                    paragraph:

        ``(3) Financial assistance provided under a scholarship or
    fellowship awarded under this section may be paid directly to the
    recipient of such scholarship or fellowship or to an administering
    entity for disbursement of the funds.''; and
                (4) in subsection (c)--
                        (A) in the heading, by inserting ``Financial''
                    before ``Assistance''
                        (B) in paragraph (2)--
                              (i) by striking ``a scholarship'' and
                          inserting ``financial assistance'';
                              (ii) by striking ``the financial assistance
                          provided under the scholarship'' and inserting
                          ``such financial assistance''; and
                              (iii) by striking the second sentence and
                          inserting the following: ``Except as provided in
                          subsection (d), the period of service required of
                          a recipient may not be less than the total period
                          of pursuit of a degree that is covered by such
                          financial assistance.''.

        (b) Employment of Program Participants.--Such section is further
    amended--
                (1) by striking subsection (g);
                (2) by redesignating subsections (d), (e), and (f) as
            subsections (e), (f), and (g), respectively; and

    [[Page 119 STAT. 3449]]

                (3) by inserting after subsection (c) the following new
            subsection (d):

        ``(d) Employment of Program Participants.--(1) The Secretary of
    Defense may--
                ``(A) appoint or retain a person participating in the
            program under this section in a position on an interim basis
            during the period of such person's pursuit of a degree under the
            program and for a period not to exceed 2 years after completion
            of the degree, but only if, in the case of the period after
            completion of the degree--
                        ``(i) there is no readily available appropriate
                    permanent position for such person; and
                        ``(ii) there is an active and ongoing effort to
                    identify and assign such person to an appropriate
                    permanent position as soon as practicable; and
                ``(B) if there is no appropriate permanent position
            available after the end of the periods described in subparagraph
            (A), separate such person from employment with the Department
            without regard to any other provision of law, in which event the
            service agreement of such person under subsection (c) shall
            terminate.

        ``(2) The period of service of a person covered by paragraph (1) in
    a position on an interim basis under that paragraph shall, after
    completion of the degree, be treated as a period of service for purposes
    of satisfying the obligated service requirements of the person under the
    service agreement of the person under subsection (c).''.
        (c) Refund for Period of Unserved Obligated Service.--Paragraph (1)
    of subsection (e) of such section, as redesignated by subsection (c)(1)
    of this section, is amended to read as follows:
        ``(1)(A) A participant in the program under this section who is not
    an employee of the Department of Defense and who voluntarily fails to
    complete the educational program for which financial assistance has been
    provided under this section, or fails to maintain satisfactory academic
    progress as determined in accordance with regulations prescribed by the
    Secretary of Defense, shall refund to the United States an appropriate
    amount, as determined by the Secretary.
        ``(B) A participant in the program under this section who is an
    employee of the Department of Defense and who--
                ``(i) voluntarily fails to complete the educational program
            for which financial assistance has been provided, or fails to
            maintain satisfactory academic progress as determined in
            accordance with regulations prescribed by the Secretary; or
                ``(ii) before completion of the period of obligated service
            required of such participant--
                        ``(I) voluntarily terminates such participant's
                    employment with the Department; or
                        ``(II) is removed from such participant's employment
                    with the Department on the basis of misconduct,

    shall refund the United States an appropriate amount, as determined by
    the Secretary.''.
        (d) Codification.--
                (1) Amendment to title 10.--Chapter 111 of title 10, United
            States Code, is amended--
                        (A) by inserting after section 2192 the following:

    [[Page 119 STAT. 3450]]

    ``Sec. 2192a. Science, Mathematics, and Research for Transformation
                            (SMART) Defense Education Program'';

                    and
                        (B) by transferring and inserting the text of
                    section 1105 of the Ronald W. Reagan National Defense
                    Authorization Act for Fiscal Year 2005 (Public Law 108-
                    375; 118 Stat. 2074; 10 U.S.C. 2192 note), as amended by
                    subsections (a), (b), and (c), so as to appear below the
                    section heading for section 2192a, as added by
                    subparagraph (A).
                (2) Clerical amendment.--The table of sections at the
            beginning of such chapter is amended by inserting after the item
            relating to section 2192 the following new item:

    ``2192a. Science, Mathematics, and Research for Transformation (SMART)
               Defense Education Program.''.

        (e) Conforming Amendments.--
                (1) Section 1105 of the Ronald W. Reagan National Defense
            Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118
            Stat. 2074; 10 U.S.C. 2192 note) is repealed.
                (2) Section 3304(a)(3)(B)(ii) of title 5, United States
            Code, is amended--
                        (A) by striking ``Scholarship Pilot Program'' and
                    inserting ``Defense Education Program''; and
                        (B) by striking ``section 1105'' and all that
                    follows through the period and inserting ``section 2192a
                    of title 10, United States Code.''.

        (f) Effect on <<NOTE: 10 USC 2192a note.>> Current Participants in
    SMART Pilot Program.--Participation in the Science, Mathematics, and
    Research for Transformation (SMART) Defense Scholarship Pilot Program
    under section 1105 of Public Law 108-375 by an individual who has
    entered into an agreement under that pilot program before the date of
    the enactment of this Act shall be governed by the terms of such
    agreement without regard to the amendments made by this section.

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

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

    [[Page 119 STAT. 3451]]

                (2) shall not be used in computing a lump sum payment for
            accumulated and accrued annual leave under section 5551 of title
            5, United States Code.

                     Subtitle B--Veterans Preference Matters

    SEC. 1111. VETERANS' PREFERENCE STATUS FOR CERTAIN VETERANS WHO SERVED
                ON ACTIVE DUTY DURING THE PERIOD BEGINNING ON SEPTEMBER 11,
                2001, AND ENDING AS OF THE CLOSE OF OPERATION IRAQI FREEDOM.

        (a) Definition of Veteran.--Section 2108(1) of title 5, United
    States Code, is amended--
                (1) in subparagraph (B), by striking ``or'' at the end;
                (2) in subparagraph (C), by adding ``or'' after the
            semicolon; and
                (3) by inserting after subparagraph (C) the following:
                        ``(D) served on active duty as defined by section
                    101(21) of title 38 at any time in the armed forces for
                    a period of more than 180 consecutive days any part of
                    which occurred during the period beginning on September
                    11, 2001, and ending on the date prescribed by
                    Presidential proclamation or by law as the last date of
                    Operation Iraqi Freedom;''.

        (b) Conforming Amendment.--Section 2108(3)(B) of such title is
    amended by striking ``paragraph (1)(B) or (C)'' and inserting
    ``paragraph (1)(B), (C), or (D)''.

    SEC. 1112. VETERANS' PREFERENCE ELIGIBILITY FOR MILITARY RESERVISTS.

        (a) Veterans' Preference Eligibility.--Section 2108(1) of title 5,
    United States Code, is amended by striking ``separated from'' and
    inserting ``discharged or released from active duty in''.
        (b) Savings Provision.--Nothing in the <<NOTE: 5 USC 2108
    note.>> amendment made by subsection (a) may be construed to affect a
    determination made before the date of enactment of this Act that an
    individual is a preference eligible (as defined in section 2108(3) of
    title 5, United States Code).

                            Subtitle C--Other Matters

    SEC. 1121. TRANSPORTATION OF FAMILY MEMBERS IN CONNECTION WITH THE
                REPATRIATION OF FEDERAL EMPLOYEES HELD CAPTIVE.

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

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

        ``(a) Allowance for Family Members and Certain Others.--(1) Under
    uniform regulations prescribed by the heads of agencies, travel and
    transportation described in subsection (d) may be provided for not more
    than 3 family members of an employee described in subsection (b).

    [[Page 119 STAT. 3452]]

        ``(2) In addition to the family members authorized to be provided
    travel and transportation under paragraph (1), the head of an agency may
    provide travel and transportation described in subsection (d) to an
    attendant to accompany a family member described in subsection (b) if
    the head of an agency determines--
                ``(A) the family member to be accompanied is unable to
            travel unattended because of age, physical condition, or other
            reason determined by the head of the agency; and
                ``(B) no other family member who is eligible for travel and
            transportation under subsection (a) is able to serve as an
            attendant for the family member.

        ``(3) If no family member of an employee described in subsection (b)
    is able to travel to the repatriation site of the employee, travel and
    transportation described in subsection (d) may be provided to not more
    than 2 persons related to and selected by the employee.
        ``(b) Covered Employees.--An employee described in this subsection
    is an employee (as defined in section 2105 of this title) who--
                ``(1) was held captive, as determined by the head of an
            agency concerned; and
                ``(2) is repatriated to a site inside or outside the United
            States.

        ``(c) Eligible Family Members.--In this section, the term `family
    member' has the meaning given the term in section 411h(b) of title 37.
        ``(d) Travel and Transportation Authorized.--(1) The transportation
    authorized by subsection (a) is round-trip transportation between the
    home of the family member (or home of the attendant or person provided
    transportation under paragraph (2) or (3) of subsection (a), as the case
    may be) and the location of the repatriation site at which the employee
    is located.
        ``(2) In addition to the transportation authorized by subsection
    (a), the head of an agency may provide a per diem allowance or
    reimbursement for the actual and necessary expenses of the travel, or a
    combination thereof, but not to exceed the rates established for such
    allowances and expenses under section 404(d) of title 37.
        ``(3) The transportation authorized by subsection (a) may be
    provided by any of the means described in section 411h(d)(1) of title
    37.
        ``(4) An allowance under this subsection may be paid in advance.
        ``(5) Reimbursement payable under this subsection may not exceed the
    cost of government-procured round-trip air travel.''.
        (b) Clerical Amendment.--The table of sections at the beginning of
    chapter 57 of such title is amended by adding at the end the following
    new item:

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

    SEC. 1122. <<NOTE: 10 USC prec. 1580 note.>> STRATEGIC HUMAN CAPITAL
                PLAN FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

        (a) Plan Required.--(1) Not <<NOTE: Deadline.>> later than one year
    after the date of the enactment of this Act, the Secretary of Defense
    shall develop and submit to the Committees on Armed Services of the
    Senate and House of Representatives a strategic plan to shape and
    improve the civilian employee workforce of the Department of Defense.

    [[Page 119 STAT. 3453]]

        (2) The plan shall be known as the ``strategic human capital plan''.
        (b) Contents.--The strategic human capital plan required by
    subsection (a) shall include--
                (1) an assessment of--
                        (A) the critical skills and competencies that will
                    be needed in the future civilian employee workforce of
                    the Department of Defense to support national security
                    requirements and effectively manage the Department over
                    the next decade;
                        (B) the skills and competencies of the existing
                    civilian employee workforce of the Department and
                    projected trends in that workforce based on expected
                    losses due to retirement and other attrition; and
                        (C) gaps in the existing or projected civilian
                    employee workforce of the Department that should be
                    addressed to ensure that the Department has continued
                    access to the critical skills and competencies described
                    in subparagraph (A); and
                (2) a plan of action for developing and reshaping the
            civilian employee workforce of the Department to address the
            gaps in critical skills and competencies identified under
            paragraph (1)(C), including--
                        (A) specific recruiting and retention goals,
                    including the program objectives of the Department to be
                    achieved through such goals; and
                        (B) specific strategies for development, training,
                    deploying, compensating, and motivating the civilian
                    employee workforce of the Department, including the
                    program objectives of the Department to be achieved
                    through such strategies.

        (c) Annual Updates.--Not <<NOTE: Deadline.>> later than March 1 of
    each year from 2007 through 2010, the Secretary shall update the
    strategic human capital plan required by subsection (a), as previously
    updated under this subsection.

        (d) Annual Reports.--Not later than March 1 of each year from 2007
    through 2010, the Secretary shall submit to the appropriate committees
    of Congress--
                (1) the update of the strategic human capital plan prepared
            in such year under subsection (c); and
                (2) the assessment of the Secretary, using results-oriented
            performance measures, of the progress of the Department of
            Defense in implementing the strategic human capital plan.

        (e) Comptroller General Review.--
    Not <<NOTE: Deadline. Reports.>> later than 90 days after the Secretary
    submits under subsection (a) the strategic human capital plan required
    by that subsection, the Comptroller General shall submit to the
    Committees on Armed Services of the Senate and House of Representatives
    a report on the plan.

    SEC. 1123. INDEPENDENT STUDY ON FEATURES OF SUCCESSFUL PERSONNEL
                MANAGEMENT SYSTEMS OF HIGHLY TECHNICAL AND SCIENTIFIC
                WORKFORCES.

        (a) Independent Study.--The Secretary of Defense shall commission an
    independent study to identify the features of successful personnel
    management systems of the highly technical and scientific workforces of
    the Department of Defense laboratories and similar scientific facilities
    and institutions.

    [[Page 119 STAT. 3454]]

        (b) Elements.--The study required by subsection (a) shall include
    the following:
                (1) An examination of the personnel management authorities
            under statute or regulation currently being used, or available
            for use, at Department of Defense demonstration laboratories to
            assist in the management of the workforce of such laboratories.
                (2) A list of personnel management authorities and practices
            critical to successful mission execution, obtained through
            interviews with selected, premier government and private sector
            laboratory directors.
                (3) A comparative assessment of the effectiveness of the
            Department of Defense technical workforce management authorities
            and practices with that of other similar entities.
                (4) Such recommendations as are considered appropriate for
            the effective use of available personnel management authorities
            to ensure the successful personnel management of the highly
            technical and scientific workforce of the Department of Defense.

    SEC. 1124. <<NOTE: 50 USC 403-1b note.>> SUPPORT BY DEPARTMENT OF
                DEFENSE OF PILOT PROJECT FOR CIVILIAN LINGUIST RESERVE
                CORPS.

        Subject to the availability of appropriated funds, the Secretary of
    Defense may support implementation of the Civilian Linguist Reserve
    Corps pilot project authorized by section 613 of the Intelligence
    Authorization Act for Fiscal Year 2005 (Public Law 108-487; 118 Stat.
    3959; 50 U.S.C. 403-1b note).

    SEC. 1125. INCREASE IN AUTHORIZED NUMBER OF POSITIONS IN DEFENSE
                INTELLIGENCE SENIOR EXECUTIVE SERVICE.

        Section 1606(a) of title 10, United States Code, is amended by
    striking ``544'' and inserting ``594''.

                 TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                       Subtitle A--Assistance and Training

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

          Subtitle B--Nonproliferation Matters and Countries of Concern

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

              Subtitle C--Reports and Sense of Congress Provisions

    Sec. 1221. War-related reporting requirements.

    [[Page 119 STAT. 3455]]

    Sec. 1222. Quarterly reports on war strategy in Iraq.
    Sec. 1223. Report on records of civilian casualties in Afghanistan and
               Iraq.
    Sec. 1224. Annual report on Department of Defense costs to carry out
               United Nations resolutions.
    Sec. 1225. Report on claims related to the bombing of the LaBelle
               Discotheque.
    Sec. 1226. Sense of Congress concerning cooperation with Russia on
               issues pertaining to missile defense.
    Sec. 1227. United States policy on Iraq.

                            Subtitle D--Other Matters

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

                       Subtitle A--Assistance and Training

    SEC. 1201. EXTENSION OF HUMANITARIAN AND CIVIC ASSISTANCE PROVIDED TO
                HOST NATIONS IN CONJUNCTION WITH MILITARY OPERATIONS.

        (a) Limitation on Amount of Assistance for Clearance of Landmines,
    Etc.--Subsection (c)(3) of section 401 of title 10, United States Code
    is amended by striking ``$5,000,000'' and inserting ``$10,000,000''.
        (b) Extension and Clarification of Types of Health Care
    Authorized.--Subsection (e)(1) of such section is amended--
                (1) by inserting ``surgical,'' before ``dental,'' both
            places it appears; and
                (2) by inserting ``, including education, training, and
            technical assistance related to the care provided'' before the
            period at the end.

    SEC. 1202. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

        (a) Authority for Fiscal Years 2006 and 2007.--During each of fiscal
    years 2006 and 2007, from funds made available to the Department of
    Defense for operation and maintenance for such fiscal year, not to
    exceed $500,000,000 may be used by the Secretary of Defense in such
    fiscal year to provide funds--
                (1) for the Commanders' Emergency Response Program; and
                (2) for a similar program to assist the people of
            Afghanistan.

        (b) Quarterly Reports.--Not later than 15 days after the end of each
    fiscal-year quarter of fiscal years 2006 and 2007, the Secretary of
    Defense shall submit to the congressional defense committees a report
    regarding the source of funds and the allocation and use of funds during
    that quarter that were made available pursuant to the authority provided
    in this section or under any other provision of law for the purposes of
    the programs under subsection (a).
        (c) Submission of Guidance.--
                (1) Initial submission.--Not later than 30 days after the
            date of the enactment of this Act, the Secretary of Defense
            shall submit to the congressional defense committees a copy of
            the guidance issued by the Secretary to the Armed Forces
            concerning the allocation of funds through the Commanders'
            Emergency Response Program and any similar program to assist the
            people of Afghanistan.

    [[Page 119 STAT. 3456]]

                (2) Modifications.--If the <<NOTE: Records.>> guidance in
            effect for the purpose stated in paragraph (1) is modified, the
            Secretary shall submit to the congressional defense committees a
            copy of the modification not later than 15 days after the date
            on which the Secretary makes the modification.

        (d) Waiver Authority.--For purposes of exercising the authority
    provided by this section or any other provision of law making funding
    available for the Commanders' Emergency Response Program or any similar
    program to assist the people of Afghanistan, the Secretary of Defense
    may waive any provision of law not contained in this section that would
    (but for the waiver) prohibit, restrict, limit, or otherwise constrain
    the exercise of that authority.
        (e) Commanders' Emergency Response Program Defined.--In this
    section, the term ``Commanders' Emergency Response Program'' means the
    program established by the Administrator of the Coalition Provisional
    Authority for the purpose of enabling United States military commanders
    in Iraq to respond to urgent humanitarian relief and reconstruction
    requirements within their areas of responsibility by carrying out
    programs that will immediately assist the Iraqi people.

    SEC. 1203. MODIFICATION OF GEOGRAPHIC RESTRICTION UNDER BILATERAL AND
                REGIONAL COOPERATION PROGRAMS FOR PAYMENT OF CERTAIN
                EXPENSES OF DEFENSE PERSONNEL OF DEVELOPING COUNTRIES.

        Section 1051(b)(1) of title 10, United States Code, is amended--
                (1) by inserting ``to and'' after ``in connection with
            travel''; and
                (2) by striking ``in which the developing country is
            located'' and inserting ``in which the bilateral or regional
            conference, seminar, or similar meeting for which expenses are
            authorized is located''.

    SEC. 1204. AUTHORITY FOR DEPARTMENT OF DEFENSE TO ENTER INTO ACQUISITION
                AND CROSS-SERVICING AGREEMENTS WITH REGIONAL ORGANIZATIONS
                OF WHICH THE UNITED STATES IS NOT A MEMBER.

        Subchapter I of chapter 138 of title 10, United States Code, is
    amended by striking ``of which the United States is a member'' in
    sections 2341(1), 2342(a)(1)(C), and 2344(b)(4).

    SEC. 1205. TWO-YEAR EXTENSION OF AUTHORITY FOR PAYMENT OF CERTAIN
                ADMINISTRATIVE SERVICES AND SUPPORT FOR COALITION LIAISON
                OFFICERS.

        Section 1051a(e) of title 10, United States Code, is amended by
    striking ``September 30, 2005'' and inserting ``September 30, 2007''.

    SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.

        (a) Authority.--The President may direct the Secretary of Defense to
    conduct or support a program to build the capacity of a foreign
    country's national military forces in order for that country to--
                (1) conduct counterterrorist operations; or

    [[Page 119 STAT. 3457]]

                (2) participate in or support military and stability
            operations in which the United States Armed Forces are a
            participant.

        (b) Types of Capacity Building.--
                (1) Authorized elements.--The program directed by the
            President under subsection (a) may include the provision of
            equipment, supplies, and training.
                (2) Required elements.--The program directed by the
            President under subsection (a) shall include elements that
            promote--
                        (A) observance of and respect for human rights and
                    fundamental freedoms; and
                        (B) respect for legitimate civilian authority within
                    that country.

        (c) Limitations.--
                (1) Annual funding limitation.--The Secretary of Defense may
            use up to $200,000,000 of funds available for defense-wide
            operation and maintenance for any fiscal year to conduct or
            support activities directed by the President under subsection
            (a) in that fiscal year.
                (2) Assistance otherwise prohibited by law.--The President
            may not use the authority in subsection (a) to provide any type
            of assistance described in subsection (b) that is otherwise
            prohibited by any provision of law.
                (3) Limitation on eligible countries.--The President may not
            use the authority in subsection (a) to provide assistance
            described in subsection (b) to any foreign country that is
            otherwise prohibited from receiving such type of assistance
            under any other provision of law.

        (d) Formulation and Execution of Program.--The Secretary of Defense
    and the Secretary of State shall jointly formulate any program directed
    by the President under subsection (a). The Secretary of Defense shall
    coordinate with the Secretary of State in the implementation of any
    program directed by the President under subsection (a).
        (e) Congressional Notification.--
                (1) Presidential direction.--At the time the President
            directs the Secretary of Defense to conduct or support a program
            authorized in subsection (a), the President shall provide a
            written copy of that direction to the Congress.
                (2) Activities in a country.--Not less than 15 days before
            initiating activities in any country as directed by the
            President under subsection (a), the Secretary of Defense, in
            coordination with the Secretary of State, shall submit to the
            congressional committees specified in paragraph (3) a notice of
            the following:
                        (A) The country whose capacity to engage in
                    activities in subsection (a) will be built.
                        (B) The budget, implementation timeline with
                    milestones, and completion date for completing the
                    program directed by the President.
                        (C) The source and planned expenditure of funds to
                    complete the program directed by the President.
                (3) Specified congressional committees.--The congressional
            committees specified in this paragraph are the following:
                        (A) The Committee on Armed Services, the Committee
                    on Foreign Relations, and the Committee on
                    Appropriations of the Senate.

    [[Page 119 STAT. 3458]]

                        (B) The Committee on Armed Services, the Committee
                    on International Relations, and the Committee on
                    Appropriations of the House of Representatives.

        (f) Report.--Not later than one year after the date of the enactment
    of this Act, the President shall transmit to the congressional
    committees specified in subsection (e)(3) a report examining the
    following issues:
                (1) The strengths and weaknesses of the Foreign Assistance
            Act of 1961, the Arms Export Control Act, and any other
            provision of law related to the building of the capacity of
            foreign governments or the training and equipping of foreign
            military forces, including strengths and weaknesses for the
            purposes described in subsection (a).
                (2) The changes, if any, that should be made to the Foreign
            Assistance Act of 1961, the Arms Export Control Act, and any
            other relevant provision of law that would improve the ability
            of the United States Government to build the capacity of foreign
            governments or train and equip foreign military forces,
            including for the purposes described in subsection (a).
                (3) The organizational and procedural changes, if any, that
            should be made in the Department of State and the Department of
            Defense to improve their ability to conduct programs to build
            the capacity of foreign governments or train and equip foreign
            military forces, including for the purposes described in
            subsection (a).
                (4) The resources and funding mechanisms required to assure
            adequate funding for such programs.

        (g) Termination of Program.--The authority of the President under
    subsection (a) to direct the Secretary of Defense to conduct a program
    terminates at the close of September 30, 2007. Any program directed
    before that date may be completed, but only using funds available for
    fiscal year 2006 or fiscal year 2007.

    SEC. 1207. SECURITY AND STABILIZATION ASSISTANCE.

        (a) Authority.--The Secretary of Defense may provide services to,
    and transfer defense articles and funds to, the Secretary of State for
    the purposes of facilitating the provision by the Secretary of State of
    reconstruction, security, or stabilization assistance to a foreign
    country.
        (b) Limitation.--The aggregate value of all services, defense
    articles, and funds provided or transferred to the Secretary of State
    under this section in any fiscal year may not exceed $100,000,000.
        (c) Availability of Funds.--Any funds transferred to the Secretary
    of State under this section may remain available until expended.
        (d) Congressional Notification.--
                (1) Requirement for notice.--Whenever the Secretary of
            Defense exercises the authority under subsection (a), the
            Secretary shall, at the time the authority is exercised, notify
            the congressional committees specified in paragraph (3) of the
            exercise of that authority. Any such notification shall be
            prepared in coordination with the Secretary of State.
                (2) Content of notification.--Any notification under
            paragraph (1) shall include a description of--
                        (A) the services, defense articles, or funds
                    provided or transferred to the Secretary of State; and

    [[Page 119 STAT. 3459]]

                        (B) the purpose for which such services, defense
                    articles, and funds will be used.
                (3) Specified congressional committees.--The congressional
            committees specified in this paragraph are the following:
                        (A) The Committee on Armed Services, the Committee
                    on Foreign Relations, and the Committee on
                    Appropriations of the Senate.
                        (B) The Committee on Armed Services, the Committee
                    on International Relations, and the Committee on
                    Appropriations of the House of Representatives.

        (e) Applicable Law.--Any services, defense articles, or funds
    provided or transferred to the Secretary of State under the authority of
    this section that the Secretary of State uses to provide reconstruction,
    security, or stabilization assistance to a foreign country shall be
    subject to the authorities and limitations in the Foreign Assistance Act
    of 1961, the Arms Export Control Act, or any law making appropriations
    to carry out such Acts.
        (f) Expiration.--The authority provided under subsection (a) may not
    be exercised after September 30, 2007.

    SEC. 1208. REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR SUPPORT
                PROVIDED TO UNITED STATES MILITARY OPERATIONS.

        (a) Authority.--From funds made available for the Department of
    Defense by title XV for Defense-Wide Operation and Maintenance, the
    Secretary of Defense may reimburse any key cooperating nation for
    logistical and military support provided by that nation to or in
    connection with United States military operations in Iraq, Afghanistan,
    and the global war on terrorism.
        (b) Determinations.--Payments authorized under subsection (a) may be
    made in such amounts as the Secretary of Defense, with the concurrence
    of the Secretary of State and in consultation with the Director of the
    Office of Management and Budget, may determine, in the Secretary's
    discretion, based on documentation determined by the Secretary of
    Defense to adequately account for the support provided. Any such
    determination by the Secretary of Defense shall be final and conclusive
    upon the accounting officers of the United States. To the maximum extent
    practicable, the Secretary shall develop standards for determining the
    kinds of logistical and military support to the United States that shall
    be considered reimbursable under this section.
        (c) Limitations.--
                (1) Total amount.--The total amount of payments made under
            the authority of this section during fiscal year 2006 may not
            exceed $1,500,000,000.
                (2) Prohibition on contractual obligations to make
            payments.--The Secretary may not enter into any contractual
            obligation to make a payment under the authority of this
            section.

        (d) Congressional Notifications.--The Secretary of Defense--
                (1) shall notify the congressional defense committees not
            less than 15 days before making any payment under the authority
            of this section; and
                (2) <<NOTE: Reports.>> shall submit to those committees
            quarterly reports on the use of the authority under this
            section.

    [[Page 119 STAT. 3460]]

    SEC. 1209. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE DEFENSE
                SERVICES TO THE MILITARY AND SECURITY FORCES OF IRAQ AND
                AFGHANISTAN.

        (a) Authority.--The <<NOTE: President.>> President is authorized to
    transfer defense articles from the stocks of the Department of Defense
    and to provide defense services in connection with the transfer of such
    defense articles to the military and security forces of Iraq and
    Afghanistan in order to support the efforts of those forces to restore
    and maintain peace and security in those countries.

        (b) Limitation.--The aggregate value of all defense articles
    transferred and defense services provided to Iraq and Afghanistan under
    subsection (a) may not exceed $500,000,000.
        (c) Applicable Law.--Any defense articles transferred or defense
    services provided to Iraq or Afghanistan under the authority of
    subsection (a) shall be subject to the authorities and limitations
    applicable to the transfer of excess defense articles under section 516
    of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), other than the
    authorities and limitations contained in subsections (b)(1)(B), (e),
    (f), and (g) of such section.
        (d) Notification.--
                (1) In general.--The President may not transfer defense
            articles or provide defense services under subsection (a) until
            15 days after the date on which the President has provided
            notice of the proposed transfer of defense articles or provision
            of defense services to the appropriate congressional committees.
                (2) Contents.--Such notification shall include--
                        (A) the information required by subparagraphs (A)
                    through (D) of section 516(f)(2) of the Foreign
                    Assistance Act of 1961 (22 U.S.C. 2321j(f)(2)(A) through
                    (D));
                        (B) a description of the amount and type of each
                    defense article to be transferred or defense service to
                    be provided and the brigade-level unit from which the
                    defense article is to be transferred or defense service
                    is to be provided, if applicable; and
                        (C) an identification of the element of the military
                    or security force that is the proposed recipient of each
                    defense article to be transferred or defense service to
                    be provided.

        (e) Definitions.--In this section:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the Committee on Appropriations, the Committee
                    on Armed Services, and the Committee on International
                    Relations of the House of Representatives; and
                        (B) the Committee on Appropriations, the Committee
                    on Armed Services, and the Committee on Foreign
                    Relations of the Senate.
                (2) Defense articles.--The term ``defense articles'' has the
            meaning given the term in section 644(d) of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2403(d)).
                (3) Defense services.--The term ``defense services'' has the
            meaning given the term in section 644(f) of such Act (22 U.S.C.
            2403(f)).
                (4) Military and security forces.--The term ``military and
            security forces'' has the meaning given the term in section
            1202(e) of the Ronald W. Reagan National Defense Authorization
            Act for Fiscal Year 2005 (Public Law 108-375).

    [[Page 119 STAT. 3461]]

        (f) Expiration.--The authority provided under subsection (a) may not
    be exercised after September 30, 2006.

          Subtitle B--Nonproliferation Matters and Countries of Concern

    SEC. 1211. <<NOTE: 10 USC 2302 note.>> PROHIBITION ON PROCUREMENTS FROM
                COMMUNIST CHINESE MILITARY COMPANIES.

        (a) Prohibition.--The Secretary of Defense may not procure goods or
    services described in subsection (b), through a contract or any
    subcontract (at any tier) under a contract, from any Communist Chinese
    military company.
        (b) Goods and Services Covered.--For purposes of subsection (a), the
    goods and services described in this subsection are goods and services
    on the munitions list of the International Trafficking in Arms
    Regulations, other than goods or services procured--
                (1) in connection with a visit by a vessel or an aircraft of
            the United States Armed Forces to the People's Republic of
            China;
                (2) for testing purposes; or
                (3) for purposes of gathering intelligence.

        (c) Waiver Authorized.--The Secretary of Defense may waive the
    prohibition in subsection (a) if the Secretary determines such a waiver
    is necessary for national security purposes. The Secretary shall notify
    the congressional defense committees of each waiver made under this
    subsection.
        (d) Definitions.--In this section:
                (1) The term ``Communist Chinese military company'' has the
            meaning provided that term by section 1237(b)(4) of the Strom
            Thurmond National Defense Authorization Act for Fiscal Year 1999
            (50 U.S.C. 1701 note).
                (2) The term ``munitions list of the International
            Trafficking in Arms Regulations'' means the United States
            Munitions List contained in part 121 of subchapter M of title 22
            of the Code of Federal Regulations.

    SEC. 1212. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.

        (a) Review.--Not later than six months after the date of the
    enactment of this Act, the Secretary of Defense shall, in consultation
    with the Secretary of State and the Secretary of Energy, conduct a
    review of United States and Russian nonstrategic nuclear weapons and
    determine whether it is in the national security interest of the United
    States--
                (1) to reduce the number of United States and Russian
            nonstrategic nuclear weapons;
                (2) to improve the security of United States and Russian
            nonstrategic nuclear weapons in storage and during transport;
                (3) to identify and develop mechanisms and procedures to
            implement transparent reductions in nonstrategic nuclear
            weapons; and
                (4) to identify and develop mechanisms and procedures to
            implement the transparent dismantlement of excess nonstrategic
            nuclear weapons.

        (b) Report.--
                (1) In general.--The Secretary of Defense shall submit to
            the congressional defense committees a joint report, prepared

    [[Page 119 STAT. 3462]]

            in consultation with the Secretary of State and the Secretary of
            Energy, on the results of the review required under subsection
            (a). The report shall include a plan to implement, not later
            than October 1, 2006, actions determined as a result of the
            review to be in the United States national security interest.
                (2) Form.--The report required under paragraph (1) shall be
            submitted in unclassified form, but may include a classified
            annex.

              Subtitle C--Reports and Sense of Congress Provisions

    SEC. 1221. <<NOTE: 10 USC 113 note.>> WAR-RELATED REPORTING
                REQUIREMENTS.

        (a) Report Required for Operation Iraqi Freedom, Operation Enduring
    Freedom, and Operation Noble Eagle.--The Secretary of Defense shall
    submit to the congressional defense committees, in accordance with this
    section, a report on procurement and equipment maintenance costs for
    each of Operation Iraqi Freedom, Operation Enduring Freedom, and
    Operation Noble Eagle and on facility infrastructure costs associated
    with each of Operation Iraqi Freedom and Operation Enduring Freedom. The
    report shall include the following:
                (1) Procurement.--A specification of costs of procurement
            funding requested since fiscal year 2003, together with end-item
            quantities requested and the purpose of the request (such as
            replacement for battle losses, improved capability, increase in
            force size, restructuring of forces), shown by service.
                (2) Equipment maintenance.--A cost comparison of the
            requirements for equipment maintenance expenditures during
            peacetime and for such requirements during wartime, as shown by
            the requirements in each of Operation Iraqi Freedom, Operation
            Enduring Freedom, and Operation Noble Eagle. The cost comparison
            shall include--
                        (A) a description of the effect of war operations on
                    the backlog of maintenance requirements over the period
                    of fiscal years 2003 to the time of the report; and
                        (B) an examination of the extent to which war
                    operations have precluded maintenance from being
                    performed because equipment was unavailable.
                (3) Operation iraqi freedom and operation enduring freedom
            infrastructure.--A specification of the number of United States
            military personnel that can be supported by the facility
            infrastructure in Iraq and Afghanistan and in the neighboring
            countries from where Operation Iraq Freedom and Operation
            Enduring Freedom are supported.

        (b) Submission Requirements.--The report under subsection (a) shall
    be submitted not later than 180 days after the date of the enactment of
    this Act. The Secretary of Defense shall submit an updated report on
    procurement, equipment maintenance, and military construction costs, as
    specified in subsection (a), concurrently with any request made to
    Congress after the date of the enactment of this Act for war-related
    funding.
        (c) Submission to Gao of Certain Reports on Costs.--The Secretary of
    Defense shall submit to the Comptroller General, not later than 45 days
    after the end of each reporting month, the

    [[Page 119 STAT. 3463]]

    Department of Defense Supplemental and Cost of War Execution reports.
    Based on these reports, the Comptroller General shall provide to
    Congress quarterly updates on the costs of Operation Iraqi Freedom and
    Operation Enduring Freedom.

    SEC. 1222. QUARTERLY REPORTS ON WAR STRATEGY IN IRAQ.

        (a) Quarterly Reports.--At the same time the Secretary of Defense
    submits to Congress each report on stability and security in Iraq that
    is submitted to Congress after the date of the enactment of this Act
    under the Joint Explanatory Statement of the Committee on Conference to
    accompany the conference report on the bill H.R. 1268 of the 109th
    Congress, the Secretary of Defense and appropriate personnel of the
    Central Intelligence Agency shall provide the appropriate committees of
    Congress a briefing on the strategy for the war in Iraq, including the
    intelligence and other measures of evaluation used in determining the
    progress made in the execution of that strategy.
        (b) Appropriate Committees of Congress Defined.--In this section,
    the term ``appropriate committees of Congress'' means--
                (1) the Committee on Armed Services, the Select Committee on
            Intelligence, and the Committee on Appropriations of the Senate;
            and
                (2) the Committee on Armed Services, the Permanent Select
            Committee on Intelligence, and the Committee on Appropriations
            of the House of Representatives.

        (c) Termination of Requirement.--This section shall cease to be in
    effect after 12 of the quarterly briefings specified in subsection (a)
    have been provided or December 31, 2008, whichever is later.

    SEC. 1223. REPORT ON RECORDS OF CIVILIAN CASUALTIES IN AFGHANISTAN AND
                IRAQ.

        (a) Report.--Not later than 90 days after the date of the enactment
    of this Act, the Secretary of Defense shall submit to the congressional
    defense committees a report on records of civilian casualties in
    Afghanistan and Iraq.
        (b) Matters to Be Included.--The report under subsection (a) shall
    include the following:
                (1) Whether records of civilian casualties in Afghanistan
            and Iraq are kept by the United States Armed Forces and if such
            records are kept--
                        (A) how and from what sources the information for
                    those records is collected;
                        (B) where those records are kept; and
                        (C) what officials or organizations are responsible
                    for maintaining those records.
                (2) Whether such records (if kept) contain--
                        (A) any information relating to the circumstances
                    under which the casualties occurred and whether those
                    casualties were fatalities or injuries;
                        (B) information as to whether any condolence
                    payment, compensation, or assistance was provided to the
                    victim or to the victim's family; and
                        (C) any other information relating to those
                    casualties.

    SEC. 1224. <<NOTE: 10 USC 113 note.>> ANNUAL REPORT ON DEPARTMENT OF
                DEFENSE COSTS TO CARRY OUT UNITED NATIONS RESOLUTIONS.

        (a) Requirement for Annual Report.--

    [[Page 119 STAT. 3464]]

                (1) Department of defense costs.--Not later than April 30 of
            each year, the Secretary of Defense shall submit to the
            congressional committees specified in paragraph (2) a report on
            Department of Defense costs during the preceding fiscal year to
            carry out United Nations resolutions.
                (2) Specified committees.--The committees specified in this
            paragraph are--
                        (A) the Committee on Armed Services, the Committee
                    on Foreign Relations, and the Committee on
                    Appropriations of the Senate; and
                        (B) the Committee on Armed Services, the Committee
                    on International Relations, and the Committee on
                    Appropriations of the House of Representatives.

        (b) Matters to Be Included.--Each report under subsection (a) shall
    set forth the following:
                (1) All direct and indirect costs (including incremental
            costs) incurred by the Department of Defense during the
            preceding fiscal year in implementing or supporting any
            resolution adopted by the United Nations Security Council,
            including any such resolution calling for--
                        (A) international sanctions;
                        (B) international peacekeeping operations;
                        (C) international peace enforcement operations;
                        (D) monitoring missions;
                        (E) observer missions; or
                        (F) humanitarian missions.
                (2) An aggregate of all such Department of Defense costs by
            operation or mission and the total cost to United Nations
            members of each operation or mission.
                (3) All direct and indirect costs (including incremental
            costs) incurred by the Department of Defense during the
            preceding fiscal year in training, equipping, and otherwise
            assisting, preparing, providing resources for, and transporting
            foreign defense or security forces for implementing or
            supporting any resolution adopted by the United Nations Security
            Council, including any such resolution specified in paragraph
            (1).
                (4) All efforts made to seek credit against past United
            Nations expenditures.
                (5) All efforts made to seek compensation from the United
            Nations for costs incurred by the Department of Defense in
            implementing and supporting United Nations activities.

        (c) Coordination.--The report under subsection (a) each year shall
    be prepared in coordination with the Secretary of State.
        (d) Form of Report.--Each report required by this section shall be
    submitted in unclassified form, but may include a classified annex.

    SEC. 1225. <<NOTE: Germany. Libya.>> REPORT ON CLAIMS RELATED TO THE
                BOMBING OF THE LABELLE DISCOTHEQUE.

        (a) Sense of Congress.--It is the sense of Congress that--
                (1) the Government of Libya should be commended for the
            steps the Government has taken to renounce terrorism and to
            eliminate Libya's weapons of mass destruction and related
            programs; and
                (2) an important priority for improving relations between
            the United States and Libya should be a good faith effort

    [[Page 119 STAT. 3465]]

            on the part of the Government of Libya to resolve the claims of
            members of the Armed Forces of the United States and other
            United States citizens who were injured in the bombing of the
            LaBelle Discotheque in Berlin, Germany that occurred in April
            1986, and of family members of members of the Armed Forces of
            the United States who were killed in that bombing.

        (b) Reports.--
                (1) Initial report.--Not later than 90 days after the date
            of enactment of this Act, the Secretary of State shall submit to
            the appropriate congressional committees a report on the status
            of negotiations between the Government of Libya and United
            States claimants in connection with the bombing of the LaBelle
            Discotheque in Berlin, Germany that occurred in April 1986,
            regarding resolution of their claims. The report shall also
            include information on efforts by the Government of the United
            States to urge the Government of Libya to make a good faith
            effort to resolve such claims.
                (2) Update.--Not later than one year after enactment of this
            Act, the Secretary of State shall submit to the appropriate
            congressional committees an update of the report required by
            paragraph (1).

        (c) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means the Committee on
    Armed Services and the Committee on Foreign Relations of the Senate and
    the Committee on Armed Services and the Committee on International
    Relations of the House of Representatives.

    SEC. 1226. SENSE OF CONGRESS CONCERNING COOPERATION WITH RUSSIA ON
                ISSUES PERTAINING TO MISSILE DEFENSE.

        It is the sense of Congress that--
                (1) cooperation between the United States and Russia with
            regard to missile defense is in the interest of the United
            States;
                (2) there does not exist strong enough engagement between
            the United States and Russia with respect to missile defense
            cooperation;
                (3) the United States should explore innovative and
            nontraditional means of cooperation with Russia on issues
            pertaining to missile defense; and
                (4) as part of such an effort, the Secretary of Defense
            should consider the possibilities for United States-Russian
            cooperation with respect to missile defense through--
                        (A) the testing of specific elements of the
                    detection and tracking equipment of the Missile Defense
                    Agency of the United States Department of Defense
                    through the use of Russian target missiles;
                        (B) the provision of early warning radar to the
                    Missile Defense Agency by the use of Russian radar data;
                    and
                        (C) the implementation of the Joint Data Exchange
                    Center in Moscow to improve early warning capabilities.

    SEC. 1227. <<NOTE: United States Policy in Iraq Act. 50 USC 1541
                note.>> UNITED STATES POLICY ON IRAQ.

        (a) Short Title.--This section may be cited as the ``United States
    Policy in Iraq Act''.
        (b) Sense of Congress.--It is the sense of the Congress that, in
    order to succeed in Iraq--
                (1) members of the United States Armed Forces who are
            serving or have served in Iraq and their families deserve the

    [[Page 119 STAT. 3466]]

            utmost respect and the heartfelt gratitude of the American
            people for their unwavering devotion to duty, service to the
            Nation, and selfless sacrifice under the most difficult
            circumstances; the United States Congress supports our troops
            and supports a successful conclusion to their mission;
                (2) it is important to recognize that the Iraqi people have
            made enormous sacrifices and that the overwhelming majority of
            Iraqis want to live in peace and security; and that the Iraqi
            security forces in a growing number of incidences are fighting
            side-by-side with coalition forces, are increasing in numbers
            and improving in military capability;
                (3) the terrorists seeking to prevent the emergence of a
            secure, stable, peaceful, and democratic Iraq are led by
            individuals seeking to restore dictatorship in Iraq or who want
            to advance al Qaeda's broad vision of violently extreme Islam in
            the Middle East;
                (4) calendar year 2006 should be a period of significant
            transition to full Iraqi sovereignty, with Iraqi security forces
            taking the lead for the security of a free and sovereign Iraq,
            thereby creating the conditions for the phased redeployment of
            United States forces from Iraq;
                (5) United States military forces should not stay in Iraq
            any longer than required and the professional military judgment
            of our senior military should be a key factor in future
            decisions;
                (6) the Administration should tell the leaders of all groups
            and political parties in Iraq that they need to make the
            compromises necessary to achieve the broad-based and sustainable
            political settlement that is essential for defeating the
            insurgency in Iraq, within the schedule they set for themselves;
            and
                (7) the President has committed to continue to explain to
            Congress and the American people progress toward a successful
            completion of the mission in Iraq.

        (c) Reports to Congress on United States Policy and Military
    Operations in Iraq.--Not later than 90 days after the date of the
    enactment of this Act, and every three months thereafter until all
    United States combat brigades have redeployed from Iraq, the President
    shall submit to Congress a report on United States policy and military
    operations in Iraq. To the maximum extent practicable, the report
    required in (c) shall be unclassified, with a classified annex if
    necessary. Each report shall include to the extent practical, the
    following information:
                (1) The current military mission and the diplomatic,
            political, economic, and military measures that are being or
            have been undertaken to successfully complete or support that
            mission, including:
                        (A) Efforts to convince Iraq's main communities to
                    make the compromises necessary for a broad-based and
                    sustainable political settlement.
                        (B) Engaging the international community and the
                    region in efforts to stabilize Iraq and to forge a
                    broad-based and sustainable political settlement.
                        (C) Strengthening the capacity of Iraq's government
                    ministries.
                        (D) Accelerating the delivery of basic services.

    [[Page 119 STAT. 3467]]

                        (E) Securing the delivery of pledged economic
                    assistance from the international community and
                    additional pledges of assistance.
                        (F) Training Iraqi security forces and transferring
                    additional security responsibilities to those forces and
                    the government of Iraq.
                (2) Whether the Iraqis have made the compromises necessary
            to achieve the broad-based and sustainable political settlement
            that is essential for defeating the insurgency in Iraq.
                (3) Any specific conditions included in the April 2005
            Multi-National Forces-Iraq campaign action plan (referred to in
            United States Government Accountability Office October 2005
            report on Rebuilding Iraq: DOD Reports Should Link Economic,
            Governance, and Security Indicators to Conditions for
            Stabilizing Iraq), and any subsequent updates to that campaign
            plan, that must be met in order to provide for the transition of
            additional security responsibility to Iraqi security forces.
                (4) To the extent that these conditions are not covered
            under paragraph (3), the following should also be addressed:
                        (A) The number of battalions of the Iraqi Armed
                    Forces that must be able to operate independently or to
                    take the lead in counterinsurgency operations and the
                    defense of Iraq's territory.
                        (B) The number of Iraqi special police units that
                    must be able to operate independently or to take the
                    lead in maintaining law and order and fighting the
                    insurgency.
                        (C) The number of regular police that must be
                    trained and equipped to maintain law and order.
                        (D) The ability of Iraq's Federal ministries and
                    provincial and local governments to independently
                    sustain, direct, and coordinate Iraq's security forces.
                (5) The criteria to be used to evaluate progress toward
            meeting such conditions.
                (6) A plan for meeting such conditions, an assessment of the
            extent to which such conditions have been met, information
            regarding variables that could alter that plan, and the reasons
            for any subsequent changes to that plan.

                            Subtitle D--Other Matters

    SEC. 1231. PURCHASE OF WEAPONS OVERSEAS FOR FORCE PROTECTION PURPOSES IN
                COUNTRIES IN WHICH COMBAT OPERATIONS ARE ONGOING.

        (a) Force Protection Purchases.--Chapter 3 of title 10, United
    States Code, is amended by inserting after section 127b the following
    new section:

    ``Sec. 127c. Purchase of weapons overseas: force protection

        ``(a) Authority.--When elements of the armed forces are engaged in
    ongoing military operations in a country, the Secretary of Defense may,
    for the purpose of protecting United States forces in that country,
    purchase weapons from any foreign person, foreign government,
    international organization, or other entity located in that country.

    [[Page 119 STAT. 3468]]

        ``(b) Limitation.--The total amount expended during any fiscal year
    for purchases under this section may not exceed $15,000,000.
        ``(c) Semiannual Congressional Report.--In any case in which the
    authority provided in subsection (a) is used during the period of the
    first six months of a fiscal year, or during the period of the second
    six months of a fiscal year, the Secretary of Defense shall submit to
    the Committee on Armed Services of the Senate and Committee on Armed
    Services of the House of Representatives a report on the use of that
    authority during that six-month period. Each such report shall be
    submitted not later than 30 days after the end of the six-month period
    during which the authority is used. Each such report shall include the
    following:
                ``(1) The number and type of weapons purchased under
            subsection (a) during that six-month period covered by the
            report, together with the amount spent for those weapons and the
            Secretary's estimate of the fair market value of those weapons.
                ``(2) A description of the dispositions (if any) during that
            six-month period of weapons purchased under subsection (a).''.

        (b) Clerical Amendment.--The table of sections at the beginning of
    such chapter is amended by inserting after the item relating to section
    127b the following new item:

    ``127c. Purchase of weapons overseas: force protection.''.

    SEC. 1232. <<NOTE: 50 USC 1512 note.>> RIOT CONTROL AGENTS.

        (a) Restatement of Policy.--It is the policy of the United States
    that riot control agents are not chemical weapons and that the President
    may authorize their use as legitimate, legal, and non-lethal
    alternatives to the use of force that, as provided in Executive Order
    No. 11850 (40 Fed. Reg. 16187) and consistent with the resolution of
    ratification of the Chemical Weapons Convention, may be employed by
    members of the Armed Forces in war in defensive military modes to save
    lives, including the illustrative purposes cited in Executive Order No.
    11850.
        (b) Report Required.--
                (1) In general.--Not later than 180 days after the date of
            the enactment of this Act, the President shall submit to
            Congress a report on the use of riot control agents by members
            of the Armed Forces.
                (2) Content.--The report required by paragraph (1) shall
            include--
                        (A) a description of all regulations, doctrines,
                    training materials, and any other information related to
                    the use of riot control agents by members of the Armed
                    Forces;
                        (B) a description of how the material described in
                    subparagraph (A) is consistent with United States policy
                    on the use of riot control agents;
                        (C) a description of the availability of riot
                    control agents, and the means to use them, to members of
                    the Armed Forces, including members of the Armed Forces
                    deployed in Iraq and Afghanistan;
                        (D) a description of the frequency and circumstances
                    of the use of riot control agents by members of the
                    Armed Forces since January 1, 1992, and a summary of
                    views held by commanders of United States combatant
                    commands as to the utility of the use of riot control
                    agents by members of the Armed Forces when compared with
                    alternatives;

    [[Page 119 STAT. 3469]]

                        (E) a general description of steps taken or planned
                    to be taken by the Department of Defense to clarify the
                    circumstances under which riot control agents may be
                    used by members of the Armed Forces; and
                        (F) a brief explanation of the continuing validity
                    of Executive Order No. 11850 under United States law.
                (3) Form.--The report required by paragraph (1) shall be
            submitted in unclassified form, but may include a classified
            annex.

        (c) Definitions.--In this section:
                (1) Chemical weapons convention.--The term ``Chemical
            Weapons Convention'' means the Convention on the Prohibitions of
            Development, Production, Stockpiling and Use of Chemical Weapons
            and on Their Destruction, with annexes, done at Paris, January
            13, 1993, and entered into force April 29, 1997 (T. Doc. 103-
            21).
                (2) Resolution of ratification of the chemical weapons
            convention.--The term ``resolution of ratification of the
            Chemical Weapons Convention'' means S. Res. 75, 105th Congress,
            agreed to April 24, 1997, advising and consenting to the
            ratification of the Chemical Weapons Convention.

    SEC. 1233. <<NOTE: 10 USC 113 note.>> REQUIREMENT FOR ESTABLISHMENT OF
                CERTAIN CRITERIA APPLICABLE TO GLOBAL POSTURE REVIEW.

        (a) Criteria.--As part of the Integrated Global Presence and Basing
    Strategy (IGPBS) developed by the Department of Defense that is referred
    to as the ``Global Posture Review'', the Secretary of Defense, in
    consultation with the Chairman of the Joint Chiefs of Staff, shall
    develop criteria for assessing, with respect to each type of facility
    specified in subsection (c) that is to be located in a foreign country,
    the following factors:
                (1) The effect of any new basing arrangements on the
            strategic mobility requirements of the Department of Defense.
                (2) The ability of units deployed to overseas locations in
            areas in which United States Armed Forces have not traditionally
            been deployed to meet mobility response times required by
            operational planners.
                (3) The cost of deploying units to areas referred to in
            paragraph (2) on a rotational basis (rather than on a permanent
            basing basis).
                (4) The strategic benefit of rotational deployments through
            countries with which the United States is developing a close or
            new security relationship.
                (5) Whether the relative speed and complexity of conducting
            negotiations with a particular country is a discriminator in the
            decision to deploy forces within the country.
                (6) The appropriate and available funding mechanisms for the
            establishment, operation, and sustainment of specific Main
            Operating Bases, Forward Operating Bases, or Cooperative
            Security Locations.
                (7) The effect on military quality of life of the
            unaccompanied deployment of units to new facilities in overseas
            locations.
                (8) Other criteria as Secretary of Defense determines
            appropriate.

    [[Page 119 STAT. 3470]]

        (b) Analysis of Alternatives to Basing or Operating Locations.--The
    Secretary of Defense, in consultation with the Chairman of the Joint
    Chiefs of Staff, shall develop a mechanism for analyzing alternatives to
    any particular overseas basing or operating location. Such a mechanism
    shall incorporate the factors specified in each of paragraphs (1)
    through (5) of subsection (a).
        (c) Minimal Infrastructure Requirements for Overseas
    Installations.--The Secretary of Defense shall develop a description of
    minimal infrastructure requirements for each of the following types of
    facilities:
                (1) Facilities categorized as Main Operating Bases.
                (2) Facilities categorized as Forward Operating Bases.
                (3) Facilities categorized as Cooperative Security
            Locations.

        (d) Notification Required.--Not later than 30 days after an
    agreement is entered into between the United States and a foreign
    country to support the deployment of elements of the United States Armed
    Forces in that country, the Secretary of Defense shall submit to the
    congressional defense committees a written notification of such
    agreement. The notification under this subsection shall include the
    terms of the agreement, any costs to the United States resulting from
    the agreement, and a timeline to carry out the terms of the agreement.
        (e) Annual Budget Element.--The Secretary of Defense shall submit to
    Congress, as an element of the annual budget request of the Secretary,
    information regarding the funding sources for the establishment,
    operation, and sustainment of individual Main Operating Bases, Forward
    Operating Bases, or Cooperative Security Locations.
        (f) Report.--Not later than March 30, 2006, the Secretary of Defense
    shall submit to Congress a report on the matters specified in
    subsections (a) through (c).

    SEC. 1234. THE UNITED STATES-CHINA ECONOMIC SECURITY REVIEW COMMISSION.

        (a) Findings.--Congress finds the following:
                (1) The 2004 Report to Congress of the United States-China
            Economic and Security Review Commission states that--
                        (A) China's State-Owned Enterprises (SOEs) lack
                    adequate disclosure standards, which creates the
                    potential for United States investors to unwittingly
                    contribute to enterprises that are involved in
                    activities harmful to United States security interests;
                        (B) United States influence and vital long-term
                    interests in Asia are being challenged by China's robust
                    regional economic engagement and diplomacy;
                        (C) the assistance of China and North Korea to
                    global ballistic missile proliferation is extensive and
                    ongoing;
                        (D) China's transfers of technology and components
                    for weapons of mass destruction (WMD) and their delivery
                    systems to countries of concern, including countries
                    that support acts of international terrorism, have
                    helped create a new tier of countries with the
                    capability to produce WMD and ballistic missiles;
                        (E) the removal of the European Union arms embargo
                    against China that is currently under consideration in
                    the European Union would accelerate weapons
                    modernization and dramatically enhance Chinese military
                    capabilities;

    [[Page 119 STAT. 3471]]

                        (F) China is developing a leading-edge military with
                    the objective of intimidating Taiwan and deterring
                    United States involvement in the Taiwan Strait, and
                    China's qualitative and quantitative military
                    advancements have already resulted in a dramatic shift
                    in the cross-Strait military balance toward China; and
                        (G) China's growing energy needs are driving China
                    into bilateral arrangements that undermine multilateral
                    efforts to stabilize oil supplies and prices, and in
                    some cases may involve dangerous weapons transfers.
                (2) On March 14, 2005, the National People's Congress
            approved a law that would authorize the use of force if Taiwan
            formally declares independence.

        (b) Sense of Congress for Comprehensive Strategy.--It is the sense
    of Congress that the President should present to Congress quickly a
    comprehensive strategy to--
                (1) address the emergence of China economically,
            diplomatically, and militarily;
                (2) promote mutually beneficial trade relations with China;
            and
                (3) encourage China's adherence to international norms in
            the areas of trade, international security, and human rights.

        (c) Contents of Strategy.--The strategy referred to in subsection
    (b) should address the following:
                (1) Actions to address China's policy of undervaluing its
            currency, including--
                        (A) encouraging China to continue to upwardly
                    revalue the Chinese yuan against the United States
                    dollar;
                        (B) allowing the yuan to float against a trade-
                    weighted basket of currencies; and
                        (C) concurrently encouraging United States trading
                    partners with similar interests to join in these
                    efforts.
                (2) Actions to make better use of the World Trade
            Organization (WTO) dispute settlement mechanism and applicable
            United States trade laws to redress China's trade practices,
            including--
                        (A) exchange rate manipulation;
                        (B) denial of trading and distribution rights;
                        (C) insufficient intellectual property rights
                    protection;
                        (D) objectionable labor standards;
                        (E) subsidization of exports; and
                        (F) forced technology transfers as a condition of
                    doing business.
                (3) The United States Trade Representative should consult
            with United States trading partners regarding any trade dispute
            with China.
                (4) Actions to encourage United States diplomatic efforts to
            identify and pursue initiatives to revitalize United States
            engagement in East Asia. The initiatives should have a regional
            focus and complement bilateral efforts. The Asia-Pacific
            Economic Cooperation forum (APEC) offers a ready mechanism for
            pursuit of such initiatives.
                (5) Actions by the administration to work with China to
            prevent proliferation of prohibited technologies and to secure
            China's agreement to renew efforts to curtail commercial export
            by North Korea of ballistic missiles.

    [[Page 119 STAT. 3472]]

                (6) Actions by the Secretary of State and the Secretary of
            Energy to consult with the International Atomic Energy Agency
            with the objective of upgrading the current loose experience-
            sharing arrangement whereby China engages in some limited
            exchanges with the organization to a more structured
            arrangement.
                (7) Actions by the administration to develop a coordinated,
            comprehensive national policy and strategy designed to maintain
            United States scientific and technological leadership and
            competitiveness, in light of the rise of China and the
            challenges of globalization.
                (8) Actions to review laws and regulations governing the
            Committee on Foreign Investment in the United States (CFIUS),
            including exploring whether the definition of national security
            should include the potential impact on national economic
            security as a criterion to be reviewed, and whether the
            chairmanship of CFIUS should be transferred from the Secretary
            of the Treasury to a more appropriate executive branch agency.
                (9) Actions by the President and the Secretary of State and
            Secretary of Defense to press strongly their counterparts in the
            European Union and its member states to maintain and strengthen
            the embargo on selling arms to China.
                (10) Actions by the administration to discourage foreign
            defense contractors from selling sensitive military-use
            technology or weapons systems to China.

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

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

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

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

    [[Page 119 STAT. 3473]]

    SEC. 1302. FUNDING ALLOCATIONS.

        (a) Funding for Specific Purposes.--Of the $415,549,000 authorized
    to be appropriated to the Department of Defense for fiscal year 2006 in
    section 301(19) for Cooperative Threat Reduction programs, the following
    amounts may be obligated for the purposes specified:
                (1) For strategic offensive arms elimination in Russia,
            $78,900,000.
                (2) For nuclear weapons storage security in Russia,
            $74,100,000.
                (3) For nuclear weapons transportation security in Russia,
            $30,000,000.
                (4) For weapons of mass destruction proliferation prevention
            in the states of the former Soviet Union, $40,600,000.
                (5) For biological weapons proliferation prevention in the
            former Soviet Union, $60,849,000.
                (6) For chemical weapons destruction in Russia,
            $108,500,000.
                (7) For defense and military contacts, $8,000,000.
                (8) For activities designated as Other Assessments/
            Administrative Support, $14,600,000.

        (b) Report on Obligation or Expenditure of Funds for Other
    Purposes.--No fiscal year 2006 Cooperative Threat Reduction funds may be
    obligated or expended for a purpose other than a purpose listed in
    paragraphs (1) through (8) of subsection (a) until 30 days after the
    date that the Secretary of Defense submits to Congress a report on the
    purpose for which the funds will be obligated or expended and the amount
    of funds to be obligated or expended. Nothing in the preceding sentence
    shall be construed as authorizing the obligation or expenditure of
    fiscal year 2006 Cooperative Threat Reduction funds for a purpose for
    which the obligation or expenditure of such funds is specifically
    prohibited under this title or any other provision of law.
        (c) Limited Authority to Vary Individual Amounts.--(1) Subject to
    paragraphs (2) and (3), in any case in which the Secretary of Defense
    determines that it is necessary to do so in the national interest, the
    Secretary may obligate amounts appropriated for fiscal year 2006 for a
    purpose listed in any of the paragraphs in subsection (a) in excess of
    the specific amount authorized for that purpose.
        (2) An obligation of funds for a purpose stated in any of the
    paragraphs in subsection (a) in excess of the specific amount authorized
    for such purpose may be made using the authority provided in paragraph
    (1) only after--
                (A) the <<NOTE: Notification.>> Secretary submits to
            Congress notification of the intent to do so together with a
            complete discussion of the justification for doing so; and
                (B) 15 days have elapsed following the date of the
            notification.

        (3) The Secretary may not, under the authority provided in paragraph
    (1), obligate amounts for a purpose stated in any of paragraphs (6)
    through (8) of subsection (a) in excess of 125 percent of the specific
    amount authorized for such purpose.

    [[Page 119 STAT. 3474]]

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

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

    SEC. 1304. <<NOTE: President.>> REPORT ON ELIMINATION OF IMPEDIMENTS TO
                THREAT-REDUCTION AND NONPROLIFERATION PROGRAMS IN THE FORMER
                SOVIET UNION.

        Not later than November 1, 2006, the President shall submit to
    Congress a report on impediments to the effective conduct of Cooperative
    Threat Reduction programs and related threat reduction and
    nonproliferation programs and activities in the states of the former
    Soviet Union. The report shall--
                (1) identify the impediments to the rapid, efficient, and
            effective conduct of programs and activities of the Department
            of Defense, the Department of State, and the Department of
            Energy, including issues relating to access to sites, liability,
            and taxation; and
                (2) describe the plans of the United States to overcome or
            ameliorate such impediments, including an identification and
            discussion of new models and approaches that might be used to
            develop new relationships with entities in the states of the
            former Soviet Union capable of assisting in removing or
            ameliorating those impediments, and any congressional action
            that may be necessary for that purpose.

    SEC. 1305. <<NOTE: 22 USC 5959.>> REPEAL OF REQUIREMENT FOR ANNUAL
                COMPTROLLER GENERAL ASSESSMENT OF ANNUAL DEPARTMENT OF
                DEFENSE REPORT ON ACTIVITIES AND ASSISTANCE UNDER
                COOPERATIVE THREAT REDUCTION PROGRAMS.

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

    TITLE XIV--MATTERS <<NOTE: Detainee Treatment Act of 2005.>> RELATING TO
    DETAINEES

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

    SEC. 1401. <<NOTE: 42 USC 2000dd note.>> SHORT TITLE.

        This title may be cited as the ``Detainee Treatment Act of 2005''.

    [[Page 119 STAT. 3475]]

    SEC. 1402. <<NOTE: 10 USC 801 note.>> UNIFORM STANDARDS FOR THE
                INTERROGATION OF PERSONS UNDER THE DETENTION OF THE
                DEPARTMENT OF DEFENSE.

        (a) In General.--No person in the custody or under the effective
    control of the Department of Defense or under detention in a Department
    of Defense facility shall be subject to any treatment or technique of
    interrogation not authorized by and listed in the United States Army
    Field Manual on Intelligence Interrogation.
        (b) Applicability.--Subsection (a) shall not apply with respect to
    any person in the custody or under the effective control of the
    Department of Defense pursuant to a criminal law or immigration law of
    the United States.
        (c) Construction.--Nothing in this section shall be construed to
    affect the rights under the United States Constitution of any person in
    the custody or under the physical jurisdiction of the United States.

    SEC. 1403. <<NOTE: 42 USC 2000dd.>> PROHIBITION ON CRUEL, INHUMAN, OR
                DEGRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER CUSTODY
                OR CONTROL OF THE UNITED STATES GOVERNMENT.

        (a) In General.--No individual in the custody or under the physical
    control of the United States Government, regardless of nationality or
    physical location, shall be subject to cruel, inhuman, or degrading
    treatment or punishment.
        (b) Construction.--Nothing in this section shall be construed to
    impose any geographical limitation on the applicability of the
    prohibition against cruel, inhuman, or degrading treatment or punishment
    under this section.
        (c) Limitation on Supersedure.--The provisions of this section shall
    not be superseded, except by a provision of law enacted after the date
    of the enactment of this Act which specifically repeals, modifies, or
    supersedes the provisions of this section.
        (d) Cruel, Inhuman, or Degrading Treatment or Punishment Defined.--
    In this section, the term ``cruel, inhuman, or degrading treatment or
    punishment'' means the cruel, unusual, and inhumane treatment or
    punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to
    the Constitution of the United States, as defined in the United States
    Reservations, Declarations and Understandings to the United Nations
    Convention Against Torture and Other Forms of Cruel, Inhuman or
    Degrading Treatment or Punishment done at New York, December 10, 1984.

    SEC. 1404. <<NOTE: 42 USC 2000dd-1.>> PROTECTION OF UNITED STATES
                GOVERNMENT PERSONNEL ENGAGED IN AUTHORIZED INTERROGATIONS.

        (a) Protection of United States Government Personnel.--In any civil
    action or criminal prosecution against an officer, employee, member of
    the Armed Forces, or other agent of the United States Government who is
    a United States person, arising out of the officer, employee, member of
    the Armed Forces, or other agent's engaging in specific operational
    practices, that involve detention and interrogation of aliens who the
    President or his designees have determined are believed to be engaged in
    or associated with international terrorist activity that poses a
    serious, continuing threat to the United States, its interests, or its
    allies, and that were officially authorized and determined to be lawful
    at the time that they were conducted, it shall be a defense that such
    officer, employee, member of the Armed Forces, or other agent did not

    [[Page 119 STAT. 3476]]

    know that the practices were unlawful and a person of ordinary sense and
    understanding would not know the practices were unlawful. Good faith
    reliance on advice of counsel should be an important factor, among
    others, to consider in assessing whether a person of ordinary sense and
    understanding would have known the practices to be unlawful. Nothing in
    this section shall be construed to limit or extinguish any defense or
    protection otherwise available to any person or entity from suit, civil
    or criminal liability, or damages, or to provide immunity from
    prosecution for any criminal offense by the proper authorities.
        (b) Counsel.--The United States Government may provide or employ
    counsel, and pay counsel fees, court costs, bail, and other expenses
    incident to the representation of an officer, employee, member of the
    Armed Forces, or other agent described in subsection (a), with respect
    to any civil action or criminal prosecution arising out of practices
    described in that subsection, under the same conditions, and to the same
    extent, to which such services and payments are authorized under section
    1037 of title 10, United States Code.

    SEC. 1405. <<NOTE: 10 USC 801 note.>> PROCEDURES FOR STATUS REVIEW OF
                DETAINEES OUTSIDE THE UNITED STATES.

        (a) Submittal of Procedures for Status Review of Detainees at
    Guantanamo Bay, Cuba, and in Afghanistan and Iraq.--
                (1) In general.--Not <<NOTE: Deadline. Reports.>> later than
            180 days after the date of the enactment of this Act, the
            Secretary of Defense shall submit to the Committee on Armed
            Services and the Committee on the Judiciary of the Senate and
            the Committee on Armed Services and the Committee on the
            Judiciary of the House of Representatives a report setting
            forth--
                        (A) the procedures of the Combatant Status Review
                    Tribunals and the Administrative Review Boards
                    established by direction of the Secretary of Defense
                    that are in operation at Guantanamo Bay, Cuba, for
                    determining the status of the detainees held at
                    Guantanamo Bay or to provide an annual review to
                    determine the need to continue to detain an alien who is
                    a detainee; and
                        (B) the procedures in operation in Afghanistan and
                    Iraq for a determination of the status of aliens
                    detained in the custody or under the physical control of
                    the Department of Defense in those countries.
                (2) Designated civilian official.--The procedures submitted
            to Congress pursuant to paragraph (1)(A) shall ensure that the
            official of the Department of Defense who is designated by the
            President or Secretary of Defense to be the final review
            authority within the Department of Defense with respect to
            decisions of any such tribunal or board (referred to as the
            ``Designated Civilian Official'') shall be a civilian officer of
            the Department of Defense holding an office to which
            appointments are required by law to be made by the President, by
            and with the advice and consent of the Senate.
                (3) Consideration of new evidence.--The procedures submitted
            under paragraph (1)(A) shall provide for periodic review of any
            new evidence that may become available relating to the enemy
            combatant status of a detainee.

        (b) Consideration of Statements Derived With Coercion.--

    [[Page 119 STAT. 3477]]

                (1) Assessment.--The procedures submitted to Congress
            pursuant to subsection (a)(1)(A) shall ensure that a Combatant
            Status Review Tribunal or Administrative Review Board, or any
            similar or successor administrative tribunal or board, in making
            a determination of status or disposition of any detainee under
            such procedures, shall, to the extent practicable, assess--
                        (A) whether any statement derived from or relating
                    to such detainee was obtained as a result of coercion;
                    and
                        (B) the probative value, if any, of any such
                    statement.
                (2) Applicability.--Paragraph (1) applies with respect to
            any proceeding beginning on or after the date of the enactment
            of this Act.

        (c) Report on Modification of Procedures.--The Secretary of Defense
    shall submit to the committees specified in subsection (a)(1) a report
    on any modification of the procedures submitted under subsection (a).
    Any such report shall be submitted not later than 60 days before the
    date on which such modification goes into effect.
        (d) Annual Report.--
                (1) Report required.--The Secretary of Defense shall submit
            to Congress an annual report on the annual review process for
            aliens in the custody of the Department of Defense outside the
            United States. Each such report shall be submitted in
            unclassified form, with a classified annex, if necessary. The
            report shall be submitted not later than December 31 each year.
                (2) Elements of report.--Each such report shall include the
            following with respect to the year covered by the report:
                        (A) The number of detainees whose status was
                    reviewed.
                        (B) The procedures used at each location.

        (e) Judicial Review of Detention of Enemy Combatants.--
                (1) In general.--Section 2241 of title 28, United States
            Code, is amended by adding at the end the following:

        ``(e) Except as provided in section 1405 of the Detainee Treatment
    Act of 2005, no court, justice, or judge shall have jurisdiction to hear
    or consider--
                ``(1) an application for a writ of habeas corpus filed by or
            on behalf of an alien detained by the Department of Defense at
            Guantanamo Bay, Cuba; or
                ``(2) any other action against the United States or its
            agents relating to any aspect of the detention by the Department
            of Defense of an alien at Guantanamo Bay, Cuba, who--
                        ``(A) is currently in military custody; or
                        ``(B) has been determined by the United States Court
                    of Appeals for the District of Columbia Circuit in
                    accordance with the procedures set forth in section
                    1405(e) of the Detainee Treatment Act of 2005 to have
                    been properly detained as an enemy combatant.''.
                (2) Review of decisions of combatant status review tribunals
            of propriety of detention.--
                        (A) In general.--Subject to subparagraphs (B), (C),
                    and (D), the United States Court of Appeals for the
                    District of Columbia Circuit shall have exclusive
                    jurisdiction to determine the validity of any final
                    decision of a Combatant

    [[Page 119 STAT. 3478]]

                    Status Review Tribunal that an alien is properly
                    detained as an enemy combatant.
                        (B) Limitation on claims.--The jurisdiction of the
                    United States Court of Appeals for the District of
                    Columbia Circuit under this paragraph shall be limited
                    to claims brought by or on behalf of an alien--
                              (i) who is, at the time a request for review
                          by such court is filed, detained by the Department
                          of Defense at Guantanamo Bay, Cuba; and
                              (ii) for whom a Combatant Status Review
                          Tribunal has been conducted, pursuant to
                          applicable procedures specified by the Secretary
                          of Defense.
                        (C) Scope of review.--The jurisdiction of the United
                    States Court of Appeals for the District of Columbia
                    Circuit on any claims with respect to an alien under
                    this paragraph shall be limited to the consideration
                    of--
                              (i) whether the status determination of the
                          Combatant Status Review Tribunal with regard to
                          such alien was consistent with the standards and
                          procedures specified by the Secretary of Defense
                          for Combatant Status Review Tribunals (including
                          the requirement that the conclusion of the
                          Tribunal be supported by a preponderance of the
                          evidence and allowing a rebuttable presumption in
                          favor the Government's evidence); and
                              (ii) to the extent the Constitution and laws
                          of the United States are applicable, whether the
                          use of such standards and procedures to make the
                          determination is consistent with the Constitution
                          and laws of the United States.
                        (D) Termination on release from custody.--The
                    jurisdiction of the United States Court of Appeals for
                    the District of Columbia Circuit with respect to the
                    claims of an alien under this paragraph shall cease upon
                    the release of such alien from the custody of the
                    Department of Defense.
                (3) Review of final decisions of military commissions.--
                        (A) In general.--Subject to subparagraphs (B), (C),
                    and (D), the United States Court of Appeals for the
                    District of Columbia Circuit shall have exclusive
                    jurisdiction to determine the validity of any final
                    decision rendered pursuant to Military Commission Order
                    No. 1, dated August 31, 2005 (or any successor military
                    order).
                        (B) Grant of review.--Review under this paragraph--
                              (i) with respect to a capital case or a case
                          in which the alien was sentenced to a term of
                          imprisonment of 10 years or more, shall be as of
                          right; or
                              (ii) with respect to any other case, shall be
                          at the discretion of the United States Court of
                          Appeals for the District of Columbia Circuit.
                        (C) Limitation on appeals.--The jurisdiction of the
                    United States Court of Appeals for the District of
                    Columbia Circuit under this paragraph shall be limited
                    to an appeal brought by or on behalf of an alien--
                              (i) who was, at the time of the proceedings
                          pursuant to the military order referred to in
                          subparagraph

    [[Page 119 STAT. 3479]]

                          (A), detained by the Department of Defense at
                          Guantanamo Bay, Cuba; and
                              (ii) for whom a final decision has been
                          rendered pursuant to such military order.
                        (D) Scope of review.--The jurisdiction of the United
                    States Court of Appeals for the District of Columbia
                    Circuit on an appeal of a final decision with respect to
                    an alien under this paragraph shall be limited to the
                    consideration of--
                              (i) whether the final decision was consistent
                          with the standards and procedures specified in the
                          military order referred to in subparagraph (A);
                          and
                              (ii) to the extent the Constitution and laws
                          of the United States are applicable, whether the
                          use of such standards and procedures to reach the
                          final decision is consistent with the Constitution
                          and laws of the United States.
                (4) Respondent.--The Secretary of Defense shall be the named
            respondent in any appeal to the United States Court of Appeals
            for the District of Columbia Circuit under this subsection.

        (f) Construction.--Nothing in this section shall be construed to
    confer any constitutional right on an alien detained as an enemy
    combatant outside the United States.
        (g) United States Defined.--For purposes of this section, the term
    ``United States'', when used in a geographic sense, is as defined in
    section 101(a)(38) of the Immigration and Nationality Act and, in
    particular, does not include the United States Naval Station, Guantanamo
    Bay, Cuba.
        (h) Effective Date.--
                (1) In general.--This section shall take effect on the date
            of the enactment of this Act.
                (2) Review of <<NOTE: Applicability.>> combatant status
            tribunal and military commission decisions.--Paragraphs (2) and
            (3) of subsection (e) shall apply with respect to any claim
            whose review is governed by one of such paragraphs and that is
            pending on or after the date of the enactment of this Act.

    SEC. 1406. <<NOTE: 10 USC 801 note.>> TRAINING OF IRAQI SECURITY FORCES
                REGARDING TREATMENT OF DETAINEES.

        (a) Required Policies.--
                (1) In general.--The Secretary of Defense shall prescribe
            policies designed to ensure that all military and civilian
            Department of Defense personnel or contractor personnel of the
            Department of Defense responsible for the training of any unit
            of the Iraqi Security Forces provide training to such units
            regarding the international obligations and laws applicable to
            the humane treatment of detainees, including protections
            afforded under the Geneva Conventions and the Convention Against
            Torture.
                (2) Acknowledgment of training.--The Secretary shall ensure
            that, for all personnel of the Iraqi Security Forces who are
            provided training referred to in paragraph (1), there is
            documented acknowledgment that such training has been provided.

    [[Page 119 STAT. 3480]]

                (3) Deadline for policies to be prescribed.--The policies
            required by paragraph (1) shall be prescribed not later than 180
            days after the date of the enactment of this Act.

        (b) Army Field Manual.--
                (1) Translation.--The Secretary of Defense shall provide for
            the unclassified portions of the United States Army Field Manual
            on Intelligence Interrogation to be translated into Arabic and
            any other language the Secretary determines appropriate for use
            by members of the Iraqi security forces.
                (2) Distribution.--The Secretary of Defense shall provide
            for such manual, as translated, to be distributed to all
            appropriate officials of the Iraqi Government, including, but
            not limited to, the Iraqi Minister of Defense, the Iraqi
            Minister of Interior, senior Iraqi military personnel, and
            appropriate members of the Iraqi Security Forces with a
            recommendation that the principles that underlay the manual be
            adopted by the Iraqis as the basis for their policies on
            interrogation of detainees.

        (c) Transmittal to <<NOTE: Deadline. Reports.>> Congressional
    Committees.--Not less than 30 days after the date on which policies are
    first prescribed under subsection (a), the Secretary of Defense shall
    submit to the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives copies of
    such regulations, policies, or orders, together with a report on steps
    taken to the date of the report to implement this section.

        (d) Annual Report.--Not less than one year after the date of the
    enactment of this Act, and annually thereafter, the Secretary of Defense
    shall submit to the Committee on Armed Services of the Senate and the
    Committee on Armed Services of the House of Representatives a report on
    the implementation of this section.

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

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

    SEC. 1501. PURPOSE.

        The purpose of this title is to authorize emergency supplemental
    appropriations for the Department of Defense for fiscal year 2006 to
    provide funds for additional costs due to Operation Iraqi Freedom and
    Operation Enduring Freedom pursuant to section 402 of H. Con. Res. 95
    (109th Congress), the concurrent resolution on the budget for fiscal
    year 2006.

    [[Page 119 STAT. 3481]]

    SEC. 1502. ARMY PROCUREMENT.

        (a) In General.--Funds are hereby authorized to be appropriated for
    fiscal year 2006 for procurement accounts of the Army in amounts as
    follows:
                (1) For aircraft, $40,600,000.
                (2) For ammunition, $109,500,000.
                (3) For weapons and tracked combat vehicles, $485,499,000.
                (4) For other procurement, $1,659,800,000.

        (b) Availability of Certain Amounts for Up-Armored Wheeled
    Vehicles.--
                (1) Availability.--Of the amount authorized to be
            appropriated by subsection (a)(4), $240,000,000 shall be
            available for the procurement of up-armored high mobility
            multipurpose wheeled vehicles (UAHs), including vehicles in the
            M1114, M1151, and M1152 configurations.
                (2) Allocation of funds.--
                        (A) In general.--Subject to subparagraph (B), the
                    Secretary of the Army shall allocate the manner in which
                    amounts available under paragraph (1) shall be available
                    for purposes specified in that paragraph.
                        (B) Limitation.--Amounts available under paragraph
                    (1) may not be allocated under subparagraph (A) until
                    the Secretary certifies to the congressional defense
                    committees that the Army has a validated requirement for
                    procurement for a purpose specified in paragraph (1)
                    based on a statement of urgent needs from a commander of
                    a combatant command.
                        (C) Reports.--Not later than 15 days after an
                    allocation of funds is made under subparagraph (A), the
                    Secretary shall submit to the congressional defense
                    committees a report describing such allocation of funds.

        (c) Availability of Certain Amounts for Tactical Wheeled Vehicle
    Armoring Programs.--
                (1) Availability.--Of the amount authorized to be
            appropriated by subsection (a)(4), $150,000,000 shall be
            available for units deployed in Iraq and Afghanistan, as
            follows:
                        (A) Procurement of up-armored Light Tactical Wheeled
                    Vehicles (LTVs) or add-on armor kits for Light Tactical
                    Wheeled Vehicles.
                        (B) Procurement of add-on armor kits for Medium
                    Tactical Wheeled Vehicles (MTVs), including Low
                    Signature Armored Cabs for the family of Medium Tactical
                    Wheeled Vehicles.
                        (C) Procurement of add-on armor kits for Heavy
                    Tactical Wheeled Vehicles (HTVs).
                (2) Allocation of funds.--To the extent the Secretary of the
            Army determines that such amount is not needed for the
            procurement of such armored Tactical Wheeled Vehicles for units
            deployed in Iraq and Afghanistan under paragraph (1), the
            Secretary shall use the amounts remaining for the procurement of
            such armored vehicles in accordance with other priorities of the
            Army.

    SEC. 1503. NAVY AND MARINE CORPS PROCUREMENT.

        (a) Navy.--Funds are hereby authorized to be appropriated for fiscal
    year 2006 for procurement accounts for the Navy in amounts as follows:

    [[Page 119 STAT. 3482]]

                (1) For aircraft procurement, $15,000,000.
                (2) For weapons procurement, $56,700,000.

        (b) Marine Corps.--Funds are hereby authorized to be appropriated
    for fiscal year 2006 for the procurement account for the Marine Corps in
    the amount of $644,400,000.
        (c) Navy and Marine Corps Ammunition.--Funds are hereby authorized
    to be appropriated for fiscal year 2006 for the procurement account for
    ammunition for the Navy and the Marine Corps in the amount of
    $147,921,000.
        (d) Availability of Certain Amounts.--
                (1) Availability.--Of the amount authorized to be
            appropriated by subsection (b), $200,000,000 shall be available
            for the procurement of up-armored high mobility multipurpose
            wheeled vehicles (UAHs), including vehicles in the M1114, M1151,
            and M1152 configurations.
                (2) Allocation of funds.--
                        (A) In general.--Subject to subparagraph (B), the
                    Secretary of the Navy shall allocate the manner in which
                    amounts available under paragraph (1) shall be available
                    for the purposes specified in that paragraph.
                        (B) Limitation.--Amounts available under paragraph
                    (1) may not be allocated under subparagraph (A) until
                    the Secretary certifies to the congressional defense
                    committees that the Marine Corps has a validated
                    requirement for procurement for a purpose specified in
                    paragraph (1) based on a statement of urgent needs from
                    a commander of a combatant command.
                        (C) Reports.--Not later than 15 days after an
                    allocation of funds is made under subparagraph (A), the
                    Secretary shall submit to the congressional defense
                    committees a report describing such allocation of funds.

    SEC. 1504. AIR FORCE PROCUREMENT.

        Funds are hereby authorized to be appropriated for fiscal year 2006
    for the aircraft procurement accounts for the Air Force in the amount of
    $214,000,000.

    SEC. 1505. DEFENSE-WIDE ACTIVITIES PROCUREMENT.

         Funds are hereby authorized to be appropriated for fiscal year 2006
    for the procurement account for Defense-wide in the amount of
    $103,900,000.

    SEC. 1506. RESEARCH, DEVELOPMENT, TEST AND EVALUATION.

         Funds are hereby authorized to be appropriated for fiscal year 2006
    for the use of the Department of Defense for research, development, test
    and evaluation as follows:
                (1) For the Army, $8,700,000.
                (2) For Defense-wide activities, $75,000,000.

    SEC. 1507. OPERATION AND MAINTENANCE.

        Funds are hereby authorized to be appropriated for fiscal year 2006
    for the use of the Armed Forces for expenses, not otherwise provided
    for, for operation and maintenance, in amounts as follows:
                (1) For the Army, $19,828,180,000.
                (2) For the Navy, $1,658,000,000.
                (3) For the Marine Corps, $1,588,250,000.
                (4) For the Air Force, $2,404,190,000.
                (5) For Defense-wide activities, $1,778,397,000.

    [[Page 119 STAT. 3483]]

                (6) For the Army Reserve, $44,400,000.
                (7) For the Naval Reserve, $9,400,000.
                (8) For the Marine Corps Reserve, $4,000,000.
                (9) For the Air Force Reserve, $7,000,000.
                (10) For the Army National Guard, $196,300,000.
                (11) For the Air National Guard, $13,400,000.

    SEC. 1508. DEFENSE WORKING CAPITAL FUND.

         Funds are hereby authorized to be appropriated for fiscal year 2006
    for the Defense Working Capital Fund in the amount of $1,700,000,000.

    SEC. 1509. DEFENSE HEALTH PROGRAM.

        Funds are hereby authorized to be appropriated for the Department of
    Defense for fiscal year 2006 for expenses, not otherwise provided for,
    the Defense Health Program, in the amount of $178,415,000 for operation
    and maintenance.

    SEC. 1510. MILITARY PERSONNEL.

         There is hereby authorized to be appropriated to the Department of
    Defense for military personnel accounts for fiscal year 2006 a total of
    $11,788,323,000.

    SEC. 1511. IRAQ FREEDOM FUND.

        (a) In General.--Funds are hereby authorized to be appropriated for
    fiscal year 2006 for the Iraq Freedom Fund in the amount of
    $5,240,725,000.
        (b) Limitation on Availability of Certain Amount.--Of the amount
    authorized to be appropriated by subsection (a), $1,000,000,000 shall be
    available only for support of activities of the Joint Improvised
    Explosive Device Task Force.
        (c) Classified Programs.--Of the amount authorized to be
    appropriated by subsection (a), $2,500,000,000 shall be available only
    for classified programs.
        (d) Transfer.--
                (1) Transfer authorized.--Subject to paragraph (2), amounts
            authorized to be appropriated by subsection (a) may be
            transferred from the Iraq Freedom Fund to any accounts as
            follows:
                        (A) Operation and maintenance accounts of the Armed
                    Forces.
                        (B) Military personnel accounts.
                        (C) Research, development, test, and evaluation
                    accounts of the Department of Defense.
                        (D) Procurement accounts of the Department of
                    Defense.
                        (E) Accounts providing funding for classified
                    programs.
                        (F) The operating expenses account of the Coast
                    Guard.
                (2) Notice to congress.--A transfer may not be made under
            the authority in paragraph (1) until five days after the date on
            which the Secretary of Defense notifies the congressional
            defense committees in writing of the transfer.
                (3) Treatment of transferred funds.--Amounts transferred to
            an account under the authority in paragraph (1) shall be merged
            with amounts in such account and shall be made available for the
            same purposes, and subject to the same conditions and
            limitations, as amounts in such account.

    [[Page 119 STAT. 3484]]

                (4) Effect on authorization amounts.--A transfer of an
            amount to an account under the authority in paragraph (1) shall
            be deemed to increase the amount authorized for such account by
            an amount equal to the amount transferred.

    SEC. 1512. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

        The amounts authorized to be appropriated by this title are in
    addition to amounts otherwise authorized to be appropriated by this Act.

    SEC. 1513. TRANSFER AUTHORITY.

        (a) Authority to Transfer Authorizations.--
                (1) Authority.--Upon determination by the Secretary of
            Defense that such action is necessary in the national interest,
            the Secretary may transfer amounts of authorizations made
            available to the Department of Defense in this title for fiscal
            year 2006 between any such authorizations for that fiscal year
            (or any subdivisions thereof). Amounts of authorizations so
            transferred shall be merged with and be available for the same
            purposes as the authorization to which transferred.
                (2) Limitation.--The total amount of authorizations that the
            Secretary may transfer under the authority of this section may
            not exceed $2,500,000,000. The transfer authority provided in
            this section is in addition to any other transfer authority
            available to the Secretary of Defense.

        (b) Limitations.--The authority provided by this section to transfer
    authorizations--
                (1) may only be used to provide authority for items that
            have a higher priority than the items from which authority is
            transferred;
                (2) may not be used to provide authority for an item that
            has been denied authorization by Congress; and
                (3) may not be combined with the authority under section
            1001.

        (c) Effect on Authorization Amounts.--A transfer made from one
    account to another under the authority of this section shall be deemed
    to increase the amount authorized for the account to which the amount is
    transferred by an amount equal to the amount transferred.
        (d) Notice to Congress.--A transfer may be made under the authority
    of this section only after the Secretary of Defense--
                (1) consults with the chairmen and ranking members of the
            congressional defense committees with respect to the proposed
            transfer; and
                (2) after such consultation, notifies those committees in
            writing of the proposed transfer not less than five days before
            the transfer is made.

    SEC. 1514. AVAILABILITY OF FUNDS.

        Funds in this title shall be made available for obligation to the
    Army, Navy, Marine Corps, Air Force, and Defense-wide components by the
    end of the second quarter of fiscal year 2006.

    [[Page 119 STAT. 3485]]

    DIVISION B--MILITARY <<NOTE: Military Construction Authorization Act for
    Fiscal Year 2006.>> CONSTRUCTION AUTHORIZATIONS

    SEC. 2001. SHORT TITLE.

        This division may be cited as the ``Military Construction
    Authorization Act for Fiscal Year 2006''.

                                 TITLE XXI--ARMY

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

    SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

        (a) Inside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2104(a)(1), the
    Secretary of the Army may acquire real property and carry out military
    construction projects for the installations or locations inside the
    United States, and in the amounts, set forth in the following table:

                                             Army: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                        State                                 Installation or Location                   Amount
    ----------------------------------------------------------------------------------------------------------------
    Alabama.....................................  Anniston Army Depot.............................        $3,150,000
                                                  Fort Rucker.....................................        $9,700,000
                                                  Redstone Arsenal................................       $25,100,000
    Alaska......................................  Fort Richardson.................................        $4,700,000
                                                  Fort Wainwright.................................       $44,660,000
    Arizona.....................................  Fort Huachuca...................................        $5,100,000
                                                  Yuma Proving Ground.............................        $8,100,000
    California..................................  Concord Naval Weapons Station...................       $11,850,000
                                                  Fort Irwin......................................       $21,250,000
    Colorado....................................  Fort Carson.....................................       $72,822,000
    Georgia.....................................  Fort Benning....................................       $30,261,000
                                                  Fort Gillem.....................................        $3,900,000
                                                  Fort Gordon.....................................        $4,550,000
                                                  Fort Stewart/Hunter Army Air Field..............       $57,980,000
    Hawaii......................................  Pohakuloa Training Area.........................       $60,300,000
                                                  Schofield Barracks..............................       $53,900,000
    Illinois....................................  Rock Island Arsenal.............................        $7,400,000
    Indiana.....................................  Crane Army Ammunition Activity..................        $5,700,000
    Kansas......................................  Fort Riley......................................       $33,900,000
    Kentucky....................................  Fort Campbell...................................      $116,475,000
                                                  Fort Knox.......................................        $4,600,000
    Louisiana...................................  Fort Polk.......................................       $28,887,000
    Missouri....................................  Fort Leonard Wood...............................       $23,500,000
    New Jersey..................................  Picatinny Arsenal...............................        $4,450,000
    New York....................................  Fort Drum.......................................       $73,350,000
                                                  United States Military Academy, West Point......        $7,500,000
    North Carolina..............................  Fort Bragg......................................      $301,250,000
    Ohio........................................  Joint Systems Manufacturing Center, Lima........       $11,600,000
    Oklahoma....................................  Fort Sill.......................................        $5,850,000
                                                  McAlester Army Ammunition Plant.................        $5,400,000
    Pennsylvania................................  Letterkenny Depot...............................        $6,300,000

    [[Page 119 STAT. 3486]]

    South Carolina..............................  Fort Jackson....................................        $1,600,000
    Texas.......................................  Fort Bliss......................................        $5,000,000
                                                  Fort Hood.......................................       $64,488,000
                                                  Fort Sam Houston................................        $7,000,000
    Utah........................................  Dugway Proving Ground...........................       $25,000,000
    Virginia....................................  Fort A.P. Hill..................................        $2,700,000
                                                  Fort Belvoir....................................       $18,000,000
                                                  Fort Eustis.....................................        $3,100,000
                                                  Fort Lee........................................        $3,900,000
                                                  Fort Myer.......................................       $15,200,000
    Washington..................................  Fort Lewis......................................       $99,949,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Outside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2104(a)(2), the
    Secretary of the Army may acquire real property and carry out military
    construction projects for the installations or locations outside the
    United States, and in the amounts, set forth in the following table:

                         Army: Outside the United States
    ------------------------------------------------------------------------
               Country              Installation or Location      Amount
    ------------------------------------------------------------------------
    Germany......................  Grafenwoehr..............     $84,081,000
    Italy........................  Pisa.....................      $5,254,000
    Korea........................  Camp Humphreys...........    $105,162,000
                                   Yongpyong................      $1,450,000
    ------------------------------------------------------------------------

        (c) Unspecified Worldwide.--Using amounts appropriated pursuant to
    the authorization of appropriations in section 2104(a)(3), the Secretary
    of the Army may acquire real property and carry out military
    construction projects for unspecified installations or locations in the
    amount set forth in the following table:

                           Army: Unspecified Worldwide
    ------------------------------------------------------------------------
               Location             Installation or Location      Amount
    ------------------------------------------------------------------------
                                   Unspecified Worldwide....     $50,000,000
    ------------------------------------------------------------------------

    SEC. 2102. FAMILY HOUSING.

        (a) Construction and Acquisition.--Using amounts appropriated
    pursuant to the authorization of appropriations in section
    2104(a)(6)(A), the Secretary of the Army may construct or acquire family
    housing units (including land acquisition and supporting facilities) at
    the installations or locations, in the number of units, and in the
    amounts set forth in the following table:

                                                  Army: Family Housing
    ----------------------------------------------------------------------------------------------------------------
                      State                       Installation or Location             Units              Amount
    ----------------------------------------------------------------------------------------------------------------
    Alaska..................................  Fort Richardson................  117..................     $49,000,000
                                              Fort Wainwright................  180..................     $91,000,000

    [[Page 119 STAT. 3487]]

    Arizona.................................  Fort Huachuca..................  131..................     $31,000,000
                                              Yuma Proving Ground............  35...................     $11,200,000
    Oklahoma................................  Fort Sill......................  129..................     $24,000,000
    Virginia................................  Fort Lee.......................  96...................     $19,500,000
                                              Fort Monroe....................  21...................      $6,000,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Planning and Design.--Using amounts appropriated pursuant to the
    authorization of appropriations in section 2104(a)(6)(A), the Secretary
    of the Army may carry out architectural and engineering services and
    construction design activities with respect to the construction or
    improvement of family housing units in an amount not to exceed
    $17,536,000.

    SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

        Subject to section 2825 of title 10, United States Code, and using
    amounts appropriated pursuant to the authorization of appropriations in
    section 2104(a)(6)(A), the Secretary of the Army may improve existing
    military family housing units in an amount not to exceed $300,400,000.

    SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

        (a) Authorization of Appropriations.--Funds are hereby authorized to
    be appropriated for fiscal years beginning after September 30, 2005, for
    military construction, land acquisition, and military family housing
    functions of the Department of the Army in the total amount of
    $3,128,889,000 as follows:
                (1) For military construction projects inside the United
            States authorized by section 2101(a), $1,111,522,000.
                (2) For military construction projects outside the United
            States authorized by section 2101(b), $195,947,000.
                (3) For military construction projects at unspecified
            worldwide locations authorized by section 2101(c), $50,000,000.
                (4) For unspecified minor military construction projects
            authorized by section 2805 of title 10, United States Code,
            $24,141,000.
                (5) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $170,021,000.
                (6) For military family housing functions:
                        (A) For construction and acquisition, planning and
                    design, and improvement of military family housing and
                    facilities, $549,636,000.
                        (B) For support of military family housing
                    (including the functions described in section 2833 of
                    title 10, United States Code), $803,993,000.
                (7) For the construction of increment 3 of the Lewis and
            Clark Instructional Facility at Fort Leavenworth, Kansas,
            authorized by section 2101(a) of the Military Construction
            Authorization Act for Fiscal Year 2004 (division B of Public Law
            108-136; 117 Stat. 1697), $42,642,000.
                (8) For the construction of increment 2 of a barracks
            complex at Vilseck, Germany, authorized by section 2101(b) of
            the Military Construction Authorization Act for Fiscal Year

    [[Page 119 STAT. 3488]]

            2004 (division B of Public Law 108-136; 117 Stat. 1698), as
            amended by section 2105 of this Act, $13,600,000.
                (9) For the construction of increment 2 of the Drum Road
            upgrade at Helemano Military Reservation, Hawaii, authorized by
            section 2101(a) of the Military Construction Authorization Act
            for Fiscal Year 2005 (division B of Public Law 108-375; 118
            Stat. 2101), $41,000,000.
                (10) For the construction of increment 2 of a vehicle
            maintenance facility at Schofield Barracks, Hawaii, authorized
            by section 2101(a) of the Military Construction Authorization
            Act for Fiscal Year 2005 (division B of Public Law 108-375; 118
            Stat. 2101), $24,656,000.
                (11) For the construction of increment 2 of a barracks
            complex, at Fort Campbell, Kentucky, authorized by section
            2101(a) of the Military Construction Authorization Act for
            Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
            2101), $24,650,000.
                (12) For the construction of increment 2 of trainee
            barracks, Basic Training Complex 1 at Fort Knox, Kentucky,
            authorized by section 2101(a) of the Military Construction
            Authorization Act of Fiscal Year 2005 (division B of Public Law
            108-375; 118 Stat. 2101), $21,000,000.
                (13) For the construction of increment 2 of a library and
            learning center at the United States Military Academy, West
            Point, New York, authorized by section 2101(a) of the Military
            Construction Authorization Act for Fiscal Year 2005 (division B
            of Public Law 108-375; 118 Stat. 2101), $25,470,000.
                (14) For the construction of increment 2 of a barracks
            complex renewal project at Fort Bragg, North Carolina,
            authorized by section 2101(a) of the Military Construction
            Authorization Act for Fiscal Year 2005 (division B of Public Law
            108-375; 118 Stat. 2101), $30,611,000.

        (b) Limitation on Total Cost of Construction Projects.--
    Notwithstanding the cost variations authorized by section 2853 of title
    10, United States Code, and any other cost variation authorized by law,
    the total cost of all projects carried out under section 2101 of this
    Act may not exceed the sum of the following:
                (1) The total amount authorized to be appropriated under
            paragraphs (1), (2), and (3) of subsection (a).
                (2) $16,500,000 (the balance of the amount authorized under
            section 2101(a) for construction of a barracks complex for Fort
            Drum, New York).
                (3) $31,000,000 (the balance of the amount authorized under
            section 2101(a) for construction of a barracks complex for the
            2nd Brigade at Fort Bragg, North Carolina).
                (4) $50,000,000 (the balance of the amount authorized under
            section 2101(a) for construction of a barracks complex for the
            3rd Brigade at Fort Bragg, North Carolina).
                (5) $77,400,000 (the balance of the amount authorized under
            section 2101(a) for construction of a barracks complex for
            divisional artillery at Fort Bragg, North Carolina).
                (6) $13,000,000 (the balance of the amount authorized under
            section 2101(a) for construction of a defense access road for
            Fort Belvoir, Virginia).

        (c) Conforming Technical Amendment.--Section 2104(a)(8) of the
    Military Construction Authorization Act for Fiscal Year 2005 (division B
    of Public Law 108-375; 118 Stat. 2103) is amended

    [[Page 119 STAT. 3489]]

    by striking ``Fiscal Year 2003 (division B of Public Law 107-314; 116
    Stat. 2681)'' and inserting ``Fiscal Year 2004 (division B of Public Law
    108-136; 117 Stat. 1697)''.

    SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
                2004 PROJECT.

        (a) Modification of Outside the United States Project.--The table in
    section 2101(b) of the Military Construction Authorization Act for
    Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1698) is
    amended--
                (1) in the item relating to Vilseck, Germany, by striking
            ``$31,000,000'' in the amount column and inserting
            ``$26,000,000''; and
                (2) by striking the amount identified as the total in the
            amount column and inserting ``$226,900,000''.

        (b) Conforming Amendment.--Section 2104(b)(6) of that Act (117 Stat.
    1700) is amended by striking ``$18,900,000'' and inserting
    ``$13,900,000''.

                                TITLE XXII--NAVY

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

    SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

        (a) Inside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2204(a)(1), the
    Secretary of the Navy may acquire real property and carry out military
    construction projects for the installations or locations inside the
    United States, and in the amounts, set forth in the following table:

                                             Navy: Inside the United States
    ----------------------------------------------------------------------------------------------------------------
                         State                                  Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Arizona........................................  Marine Corps Air Station, Yuma...............        $3,637,000
    California.....................................  Air-Ground Combat Center, Twentynine Palms...       $24,000,000
                                                     Marine Corps Air Station, Camp Pendleton.....        $1,400,000
                                                     Marine Corps Air Station, Miramar............        $5,070,000
                                                     Marine Corps Base, Camp Pendleton............       $90,437,000
                                                     Naval Air Station, Lemoore...................        $8,480,000
                                                     Naval Air Warfare Center, China Lake.........       $19,158,000
                                                     Naval Postgraduate School....................        $6,500,000
    Connecticut....................................  Naval Submarine Base, New London.............        $4,610,000
    Florida........................................  Diving&Salvage Training Center, Panama City..        $9,678,000
                                                     Naval Air Station, Jacksonville..............       $88,603,000
                                                     Naval Air Station, Pensacola.................        $8,710,000
                                                     Naval Station, Mayport.......................       $15,220,000
                                                     Whiting Field................................        $4,670,000
    Georgia........................................  Naval Submarine Base, Kings Bay..............        $6,890,000
                                                     Marine Corps Logistics Base, Albany..........        $5,840,000
    Hawaii.........................................  Marine Corps Air Station, Kaneohe Bay........        $5,700,000

    [[Page 119 STAT. 3490]]

                                                     Naval Base, Pearl Harbor.....................       $29,700,000
    Illinois.......................................  Recruit Training Command, Great Lakes........      $167,750,000
    Indiana                                          Naval Warfare Center, Crane..................        $8,220,000
    Maine                                            Portsmouth Naval Shipyard....................        $8,100,000
    Maryland.......................................  Naval Air Warfare Center, Patuxent River.....        $5,800,000
                                                     Naval Surface Warfare Center, Indian Head....        $8,250,000
                                                     United States Naval Academy, Annapolis.......       $51,720,000
    Mississippi                                      Naval Air Station, Meridian..................       $10,450,000
    North Carolina.................................  Marine Corps Air Station, Cherry Point.......       $29,147,000
                                                     Marine Corps Air Station, New River..........        $6,840,000
                                                     Marine Corps Base, Camp Lejeune..............       $44,590,000
    Pennsylvania...................................  Naval Station Weapons Center, Philadelphia...        $4,780,000
    Rhode Island...................................  Naval Station, Newport.......................       $15,490,000
    South Carolina.................................  Marine Corps Air Station, Beaufort...........        $1,480,000
    Texas..........................................  Naval Air Station, Kingsville................       $16,040,000
    Virginia.......................................  Marine Corps Air Field, Quantico.............       $19,698,000
                                                     Marine Corps Base, Quantico..................       $18,429,000
                                                     Naval Air Station, Oceana....................       $11,680,000
                                                     Naval Amphibious Base, Little Creek..........       $36,034,000
                                                     Naval Station, Norfolk.......................       $32,245,000
                                                     Naval Support Activity, Norfolk Naval               $78,788,000
                                                      Shipyard.
                                                     Naval Station Weapons Center, Dahlgren.......        $9,960,000
    Washington.....................................  Naval Station, Everett.......................       $70,950,000
                                                     Naval Submarine Base, Bangor.................       $60,160,000
                                                     Naval Air Station, Whidbey Island............        $4,010,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Outside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2204(a)(2), the
    Secretary of the Navy may acquire real property and carry out military
    construction projects for the installations or locations outside the
    United States, and in the amounts, set forth in the following table:

                         Navy: Outside the United States
    ------------------------------------------------------------------------
               Country              Installation or Location      Amount
    ------------------------------------------------------------------------
    Guam.........................  Naval Base, Guam.........     $55,473,000
    Japan........................  Naval Station, Yokosuka..     $83,010,000
    ------------------------------------------------------------------------

    SEC. 2202. FAMILY HOUSING.

        Using amounts appropriated pursuant to the authorization of
    appropriations in section 2204(a)(4)(A), the Secretary of the Navy may
    construct or acquire family housing units (including land acquisition
    and supporting facilities) at the installation, in the number of units,
    and in the amount set forth in the following table:

                                                  Navy: Family Housing
    ----------------------------------------------------------------------------------------------------------------
                    Location                           Installation                    Units              Amount
    ----------------------------------------------------------------------------------------------------------------
    Guam....................................   Naval Base, Guam..............  126..................     $43,495,000
    ----------------------------------------------------------------------------------------------------------------

    [[Page 119 STAT. 3491]]

    SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

        Subject to section 2825 of title 10, United States Code, and using
    amounts appropriated pursuant to the authorization of appropriations in
    section 2204(a)(4)(A), the Secretary of the Navy may improve existing
    military family housing units in an amount not to exceed $178,644,000.

    SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

        (a) Authorization of Appropriations.--Funds are hereby authorized to
    be appropriated for fiscal years beginning after September 30, 2005, for
    military construction, land acquisition, and military family housing
    functions of the Department of the Navy in the total amount of
    $1,964,743,000, as follows:
                (1) For military construction projects inside the United
            States authorized by section 2201(a), $837,411,000.
                (2) For military construction projects outside the United
            States authorized by section 2201(b), $39,584,000.
                (3) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $34,893,000.
                (4) For military family housing functions:
                        (A) For construction and acquisition, planning and
                    design, and improvement of military family housing and
                    facilities, $218,942,000.
                        (B) For support of military family housing
                    (including functions described in section 2833 of title
                    10, United States Code), $588,660,000.
                (5) For the construction of increment 3 of the general
            purpose berthing pier at Naval Weapons Station, Earle, New
            Jersey, authorized by section 2201(a) of the Military
            Construction Authorization Act for Fiscal Year 2004 (division B
            of Public Law 108-136; 117 Stat. 1704), as amended by section
            2205 of this Act, $54,432,000.
                (6) For the construction of increment 3 of pier 11
            replacement at Naval Station, Norfolk, Virginia, authorized by
            section 2201(a) of the Military Construction Authorization Act
            for Fiscal Year 2004 (division B of Public Law 108-136; 117
            Stat. 1704), $40,200,000.
                (7) For the construction of increment 2 of the apron and
            hangar recapitalization at Naval Air Facility, El Centro,
            California, authorized by section 2201(a) of the Military
            Construction Authorization Act for Fiscal Year 2005 (division B
            of Public Law 108-375; 118 Stat. 2105), $18,666,000.
                (8) For the construction of increment 2 of the White Side
            complex, Marine Corps Air Facility, Quantico, Virginia,
            authorized by section 2201(a) of the Military Construction
            Authorization Act for Fiscal Year 2005 (division B of Public Law
            108-375; 118 Stat. 2105), $34,730,000.
                (9) For the construction of increment 2 of the limited area
            production and storage complex at Strategic Weapons Facility
            Pacific, Bangor, Washington, authorized by section 2201(a) of
            the Military Construction Authorization Act for Fiscal Year 2005
            (division B of Public Law 108-375; 118 Stat. 2105), as amended
            by section 2206 of this Act, $47,095,000.

    [[Page 119 STAT. 3492]]

                (10) For the construction of increment 2 of the lab
            consolidation at Strategic Weapons Facility Pacific, Bangor,
            Washington authorized by section 2201(a) of the Military
            Construction Authorization Act for Fiscal Year 2005 (division B
            of Public Law 108-375; 118 Stat. 2105), as amended by section
            2206 of this Act, $9,430,000.
                (11) For the construction of increment 2 of the presidential
            helicopter programs support facility at Naval Air Warfare
            Center, Patuxent River, Maryland, authorized by section 2201(a)
            of the Military Construction Authorization Act for Fiscal Year
            2005 (division B of Public Law 108-375; 118 Stat. 2105), as
            amended by section 2206 of this Act, $40,700,000.

        (b) Limitation on Total Cost of Construction Projects.--
    Notwithstanding the cost variations authorized by section 2853 of title
    10, United States Code, and any other cost variation authorized by law,
    the total cost of all projects carried out under section 2201 of this
    Act may not exceed the sum of the following:
                (1) The total amount authorized to be appropriated under
            paragraphs (1) and (2) of subsection (a).
                (2) $37,721,000 (the balance of the amount authorized under
            section 2201(a) for a reclamation and conveyance project for
            Marine Corps Base, Camp Pendleton, California).
                (3) $43,424,000 (the balance of the amount authorized under
            section 2201(a) for a helicopter hangar replacement at Naval Air
            Station, Jacksonville, Florida).
                (4) $45,850,000 (the balance of the amount authorized under
            section 2201(a) for infrastructure upgrades to Recruit Training
            Command, Great Lakes, Illinois).
                (5) $26,790,000 (the balance of the amount authorized under
            section 2201(a) for construction of a field house at United
            States Naval Academy, Annapolis, Maryland).
                (6) $31,059,000 (the balance of the amount authorized under
            section 2201(a) for replacement of Ship Repair Pier 3 at Naval
            Support Activity, Norfolk Naval Shipyard, Virginia).
                (7) $10,159,000 (the balance of the amount authorized under
            section 2201(a) for an addition to Hockmuth Hall, Marine Corps
            Base, Quantico, Virginia).
                (8) $21,000,000 (the balance of the amount authorized under
            section 2201(a) for construction of bachelor quarters for Naval
            Station, Everett, Washington).
                (9) $29,889,000 (the balance of the amount authorized under
            section 2201(b) for wharf upgrades at Naval Base, Guam).
                (10) $69,100,000 (the balance of the amount authorized under
            section 2201(b) for wharf upgrades at Naval Station, Yokosuka,
            Japan).

    SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
                2004 PROJECT.

        (a) Modification of Inside the United States Project.--The table in
    section 2201(a) of the Military Construction Authorization Act for
    Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1703) is
    amended--
                (1) in the item relating to Naval Weapons Station, Earle,
            New Jersey, by striking ``$123,720,000'' in the amount column
            and inserting ``$140,372,000''; and

    [[Page 119 STAT. 3493]]

                (2) by striking the amount identified as the total in the
            amount column and inserting ``$1,352,524,000''.

        (b) Conforming Amendment.--Section 2204(b)(4) of that Act (117 Stat.
    1706) is amended by striking ``$96,980,000'' and inserting
    ``$113,632,000''.

    SEC. 2206. MODIFICATIONS OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR
                2005 PROJECTS.

        (a) Modification of Inside the United States Projects.--Section 2201
    of the Military Construction Authorization Act for Fiscal Year 2005
    (division B of Public Law 108-375; 118 Stat. 2105) is amended--
                (1) in the table in subsection (a)--
                        (A) below the item relating to Naval Surface Warfare
                    Center, Indian Head, Maryland, by inserting ``Naval Air
                    Warfare Center, Patuxent River'' in the installation
                    column and ``$95,200,000'' in the amount column;
                        (B) in the item relating to Marine Corps Air
                    Facility, Quantico, Virginia, by striking
                    ``$73,838,000'' in the amount column and inserting
                    ``$74,470,000'';
                        (C) in the item relating to Strategic Weapons
                    Facility Pacific, Bangor, Washington, by striking
                    ``$138,060,000'' in the amount column and inserting
                    ``$147,760,000''; and
                        (D) by striking the amount identified as the total
                    in the amount column and inserting ``$1,057,587,000'';
                    and
                (2) by striking subsection (c).

        (b) Conforming Amendments.--Section 2204 of that Act (118 Stat.
    2107) is amended--
                (1) in subsection (a)--
                        (A) in paragraph (1), by striking ``$712,927,000''
                    and inserting ``$752,927,000''; and
                        (B) by striking paragraph (3); and
                (2) in subsection (b)--
                        (A) in paragraph (4), by striking ``$34,098,000''
                    and inserting ``$34,730,000''; and
                        (B) by striking paragraph (7) and inserting the
                    following new paragraphs:
                ``(7) $9,700,000 (the balance of the amount authorized under
            section 2201(a) for naval laboratory consolidation, Strategic
            Weapons Facility Pacific, Bangor, Washington).
                ``(8) $55,200,000 (the balance of the amount authorized
            under section 2201(a) for construction of a presidential
            helicopter programs support facility at Naval Air Warfare
            Center, Patuxent River, Maryland).''.

                             TITLE XXIII--AIR FORCE

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

    SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION
                PROJECTS.

        (a) Inside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2304(a)(1), the
    Secretary of the Air Force may acquire real property and carry out
    military construction projects for the installations

    [[Page 119 STAT. 3494]]

    or locations inside the United States, and in the amounts, set forth in
    the following table:

                       Air Force: Inside the United States
    ------------------------------------------------------------------------
                                       Installation or
                State                      Location              Amount
    ------------------------------------------------------------------------
    Alabama......................  Maxwell Air Force Base.       $14,900,000
    Alaska.......................  Clear Air Force Base...       $20,000,000
                                   Elmendorf Air Force           $84,820,000
                                    Base.
    Arizona......................  Davis-Monthan Air Force        $8,600,000
                                    Base.
                                   Luke Air Force Base....       $13,000,000
    Arkansas.....................  Little Rock Air Force          $8,900,000
                                    Base.
    California...................  Beale Air Force Base...       $14,200,000
                                   Edwards Air Force Base.      $103,000,000
                                   Travis Air Force Base..       $46,400,000
                                   Vandenberg Air Force          $16,845,000
                                    Base.
    Colorado.....................  Buckley Air Force Base.       $20,100,000
                                   Peterson Air Force Base       $25,500,000
                                   United States Air Force       $13,000,000
                                    Academy.
    Delaware.....................  Dover Air Force Base...       $19,000,000
    District of Columbia.........  Bolling Air Force Base.       $14,900,000
    Florida......................  Cape Canaveral.........        $6,200,000
                                   Hurlburt Field.........        $2,540,000
                                   MacDill Air Force Base.      $107,200,000
                                   Tyndall Air Force Base.       $21,500,000
    Georgia......................  Robins Air Force Base..        $7,600,000
    Hawaii.......................  Hickam Air Force Base..       $13,378,000
    Idaho........................  Mountain Home Air Force        $9,835,000
                                    Base.
    Louisiana....................  Barksdale Air Force           $10,800,000
                                    Base.
    Massachusetts................  Hanscom Air Force Base.        $3,900,000
    Mississippi..................  Columbus Air Force Base       $10,000,000
                                   Keesler Air Force Base.       $47,500,000
    Missouri.....................  Whiteman Air Force Base        $5,721,000
    Montana......................  Malmstrom Air Force           $13,500,000
                                    Base.
    Nebraska.....................  Offutt Air Force Base..       $63,080,000
    Nevada.......................  Indian Springs                $60,724,000
                                    Auxiliary Field.
                                   Nellis Air Force Base..       $24,370,000
    New Jersey...................  McGuire Air Force Base.       $13,185,000
    New Mexico...................  Kirtland Air Force Base        $6,600,000
                                    Holloman Air Force           $15,000,000
                                    Base.
    North Dakota.................  Minot Air Force Base...        $8,700,000
    Ohio.........................  Wright Patterson Air          $32,620,000
                                    Force Base.
    Oklahoma.....................  Tinker Air Force Base..       $31,960,000
                                    Vance Air Force Base..       $14,000,000
    South Carolina...............  Charleston Air Force           $2,583,000
                                    Base.
                                   Shaw Air Force Base....       $16,030,000
    South Dakota.................   Ellsworth Air Force           $8,400,000
                                    Base.
    Texas........................  Goodfellow Air Force           $4,300,000
                                    Base.
                                   Laughlin Air Force Base        $7,900,000
                                   Sheppard Air Force Base       $36,000,000
    Utah.........................  Hill Air Force Base....       $33,900,000
    Virginia.....................  Langley Air Force Base.       $44,365,000
    Washington...................   Fairchild Air Force           $8,200,000
                                    Base.
    ------------------------------------------------------------------------

        (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:

    [[Page 119 STAT. 3495]]

                      Air Force: Outside the United States
    ------------------------------------------------------------------------
                                         Installation or
                Country                      Location             Amount
    ------------------------------------------------------------------------
    Germany........................  Ramstein Air Base......     $11,650,000
                                     Spangdahlem Air Base...     $12,474,000
    Guam...........................  Andersen Air Base......     $18,500,000
    Italy..........................  Aviano Air Base........     $22,660,000
    Korea..........................  Kunsan Air Base........     $47,900,000
                                     Osan Air Base..........     $37,719,000
    Portugal.......................  Lajes Field, Azores....     $12,000,000
    Turkey.........................  Incirlik Air Base......      $5,780,000
    United Kingdom.................  Royal Air Force              $5,125,000
                                      Lakenheath.
                                     Royal Air Force             $13,500,000
                                      Mildenhall.
    ------------------------------------------------------------------------

    SEC. 2302. FAMILY HOUSING.

        (a) Construction and Acquisition.--Using amounts appropriated
    pursuant to the authorization of appropriations in section
    2304(a)(5)(A), the Secretary of the Air Force may construct or acquire
    family housing units (including land acquisition and supporting
    facilities) at the installations or locations, in the number of units,
    and in the amounts set forth in the following table:

                                                Air Force: Family Housing
    ----------------------------------------------------------------------------------------------------------------
                State or Country                   Installation or Location             Units             Amount
    ----------------------------------------------------------------------------------------------------------------
    Alaska..................................  Eielson Air Force Base...........  392................     $55,794,000
    California..............................  Edwards Air Force Base...........  226................     $59,699,000
    Florida.................................  MacDill Air Force Base...........  109................     $40,982,000
    Idaho...................................  Mountain Home Air Force Base.....  194................     $56,467,000
    Missouri................................  Whiteman Air Force Base..........  111................     $26,917,000
    Montana.................................  Malmstrom Air Force Base.........  296................     $68,971,000
    North Carolina..........................  Seymour Johnson Air Force Base...  255................     $48,868,000
    North Dakota............................  Grand Forks Air Force Base.......  150................     $43,353,000
                                              Minot Air Force Base.............  223................     $44,548,000
    South Carolina..........................  Charleston Air Force Base........  10.................     $15,935,000
    South Dakota............................  Ellsworth Air Force Base.........  60.................     $14,383,000
    Texas...................................  Dyess Air Force Base.............  190................     $43,016,000
    Germany.................................  Ramstein Air Base................  101................     $62,952,000
                                              Spangdahlem Air Base.............  79.................     $45,385,000
    Turkey..................................  Incirlik Air Base................  100................     $22,730,000
    United Kingdom..........................  Royal Air Force Lakenheath.......  107................     $48,437,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Planning and Design.--Using amounts appropriated pursuant to the
    authorization of appropriations in section 2304(a)(5)(A), the Secretary
    of the Air Force may carry out architectural and engineering services
    and construction design activities with respect to the construction or
    improvement of military family housing units in an amount not to exceed
    $37,104,000.

    SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

        Subject to section 2825 of title 10, United States Code, and using
    amounts appropriated pursuant to the authorization of appropriations in
    section 2304(a)(5)(A), the Secretary of the Air Force

    [[Page 119 STAT. 3496]]

    may improve existing military family housing units in an amount not to
    exceed $366,346,000.

    SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

        (a) Authorization of Appropriations.--Funds are hereby authorized to
    be appropriated for fiscal years beginning after September 30, 2005, for
    military construction, land acquisition, and military family housing
    functions of the Department of the Air Force in the total amount of
    $3,157,356,000, as follows:
                (1) For military construction projects inside the United
            States authorized by section 2301(a), $989,756,000.
                (2) For military construction projects outside the United
            States authorized by section 2301(b), $187,308,000.
                (3) For unspecified minor military construction projects
            authorized by section 2805 of title 10, United States Code,
            $15,929,000.
                (4) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $95,537,000.
                (5) For military family housing functions:
                        (A) For construction and acquisition, planning and
                    design, and improvement of military family housing and
                    facilities, $1,101,887,000.
                        (B) For support of military family housing
                    (including functions described in section 2833 of title
                    10, United States Code), $766,939,000.

        (b) Limitation on Total Cost of Construction Projects.--
    Notwithstanding the cost variations authorized by section 2853 of title
    10, United States Code, and any other cost variation authorized by law,
    the total cost of all projects carried out under section 2301 of this
    Act may not exceed the sum of the following:
                (1) The total amount authorized to be appropriated under
            paragraphs (1) and (2) of subsection (a).
                (2) $30,000,000 (the balance of the amount authorized under
            section 2301(a) for construction of a C-17 maintenance complex
            at Elmendorf Air Force Base, Alaska).
                (3) $66,000,000 (the balance of the amount authorized under
            section 2301(a) for construction of a main base runway at
            Edwards Air Force Base, California).
                (4) $29,000,000 (the balance of the amount authorized under
            section 2301(a) for construction of a joint intelligence center
            at MacDill Air Force Base, Florida).

                          TITLE XXIV--DEFENSE AGENCIES

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

    SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION
                PROJECTS.

        (a) Inside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2403(a)(1), the
    Secretary of Defense may acquire real property and carry out military
    construction projects for the installations or locations inside the
    United States, and in the amounts, set forth in the following tables:

    [[Page 119 STAT. 3497]]

                                               Defense Education Activity
    ----------------------------------------------------------------------------------------------------------------
                         State                                  Installation or Location                  Amount
    ----------------------------------------------------------------------------------------------------------------
    Georgia.......................................  Fort Stewart/Hunter Army Air Field..............     $16,629,000
    North Carolina................................  Fort Bragg......................................     $18,075,000
    ----------------------------------------------------------------------------------------------------------------

                           Defense Intelligence Agency
    ------------------------------------------------------------------------
                State               Installation or Location      Amount
    ------------------------------------------------------------------------
    District of Columbia.........  Bolling Air Force Base...      $7,900,000
    ------------------------------------------------------------------------

                                                Defense Logistics Agency
    ----------------------------------------------------------------------------------------------------------------
                         State                                   Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Arizona........................................  Yuma Proving Ground............................      $7,300,000
    California.....................................  Defense Distribution Depot, Tracy..............     $33,635,000
                                                     Miramar........................................     $23,000,000
    Kansas.........................................  McConnell Air Force Base.......................     $15,800,000
    New Mexico.....................................  Cannon Air Force Base..........................     $13,200,000
    North Carolina.................................  Seymour Johnson Air Force Base.................     $18,500,000
    Pennsylvania...................................  Defense Distribution Depot, New Cumberland.....      $6,500,000
    Virginia.......................................  Fort Belvoir...................................      $4,500,000
                                                     Naval Station, Norfolk.........................      $6,700,000
    ----------------------------------------------------------------------------------------------------------------

                            National Security Agency
    ------------------------------------------------------------------------
                State               Installation or Location      Amount
    ------------------------------------------------------------------------
    Georgia......................  Augusta..................     $61,466,000
    Hawaii.......................  Kunia....................    $305,000,000
    Maryland.....................  Fort Meade...............     $41,200,000
    ------------------------------------------------------------------------

                           Special Operations Command
    ------------------------------------------------------------------------
                State              Installation or Location       Amount
    ------------------------------------------------------------------------
    California..................  Naval Surface Warfare          $28,350,000
                                   Center, Coronado.
    Florida.....................  Hurlburt Field............      $6,500,000
                                  Eglin Air Force Base......     $12,800,000
    Georgia.....................  Fort Stewart/Hunter Army       $10,000,000
                                   Air Field.
    Kentucky....................  Fort Campbell.............     $37,800,000
    North Carolina..............  Fort Bragg................     $18,069,000
    Washington..................  Fort Lewis................     $53,300,000
    ------------------------------------------------------------------------

                                               TRICARE Management Activity
    ----------------------------------------------------------------------------------------------------------------
                        State                                   Installation or Location                  Amount
    ----------------------------------------------------------------------------------------------------------------
    California...................................  Beale Air Force Base.............................     $18,000,000

    [[Page 119 STAT. 3498]]

                                                   Naval Hospital, San Diego........................     $15,000,000
    Colorado.....................................  Peterson Air Force Base..........................      $1,820,000
    Maryland.....................................  Fort Detrick.....................................     $55,200,000
                                                   Uniformed Services University, Bethesda..........     $10,350,000
    Mississippi..................................  Keesler Air Force Base...........................     $14,000,000
    Nevada.......................................  Nellis Air Force Base............................      $1,700,000
    South Carolina...............................  Charleston.......................................     $35,000,000
    Texas........................................  Lackland Air Force Base..........................     $11,000,000
    ----------------------------------------------------------------------------------------------------------------

        (b) Outside the United States.--Using amounts appropriated pursuant
    to the authorization of appropriations in section 2403(a)(2), the
    Secretary of Defense may acquire real property and carry out military
    construction projects for the installations or locations outside the
    United States, and in the amounts, set forth in the following tables:

                                               Defense Education Activity
    ----------------------------------------------------------------------------------------------------------------
                        Country                                 Installation or Location                  Amount
    ----------------------------------------------------------------------------------------------------------------
    Germany.......................................  Landstuhl.......................................      $6,543,000
                                                    Vilseck.........................................      $2,323,000
    Guam..........................................  Agana...........................................     $40,578,000
    Korea.........................................  Taegu...........................................      $8,231,000
    Spain.........................................  Naval Station, Rota.............................      $7,963,000
    ----------------------------------------------------------------------------------------------------------------

                                                Defense Logistics Agency
    ----------------------------------------------------------------------------------------------------------------
                        Country                                  Installation or Location                 Amount
    ----------------------------------------------------------------------------------------------------------------
    Greece.........................................  Souda Bay......................................      $7,089,000
    ----------------------------------------------------------------------------------------------------------------

                             Missile Defense Agency
    ------------------------------------------------------------------------
               Country              Installation or Location      Amount
    ------------------------------------------------------------------------
    Kwajalein....................  Kwajalein Atoll..........      $4,901,000
    ------------------------------------------------------------------------

                            National Security Agency
    ------------------------------------------------------------------------
               Country              Installation or Location      Amount
    ------------------------------------------------------------------------
    United Kingdom...............  Menwith Hill.............     $86,354,000
    ------------------------------------------------------------------------

    [[Page 119 STAT. 3499]]

                           TRICARE Management Activity
    ------------------------------------------------------------------------
               Country              Installation or Location      Amount
    ------------------------------------------------------------------------
    Bahrain......................  .........................      $4,750,000
    ------------------------------------------------------------------------

    SEC. 2402. ENERGY CONSERVATION PROJECTS.

        Using amounts appropriated pursuant to the authorization of
    appropriations in section 2403(a)(5), the Secretary of Defense may carry
    out energy conservation projects under section 2865 of title 10, United
    States Code, in the amount of $50,000,000.

    SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

        (a) In General.--Funds are hereby authorized to be appropriated for
    fiscal years beginning after September 30, 2005, for military
    construction, land acquisition, and military family housing functions of
    the Department of Defense (other than the military departments) in the
    total amount of $2,817,039,000, as follows:
                (1) For military construction projects inside the United
            States authorized by section 2401(a), $626,609,000.
                (2) For military construction projects outside the United
            States authorized by section 2401(b), $123,104,000.
                (3) For unspecified minor military construction projects
            under section 2805 of title 10, United States Code, $15,736,000.
                (4) For architectural and engineering services and
            construction design under section 2807 of title 10, United
            States Code, $136,406,000.
                (5) For energy conservation projects authorized by section
            2402 of this Act, $50,000,000.
                (6) For base closure and realignment activities as
            authorized by the Defense Base Closure and Realignment Act of
            1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
            note) and funded through the Department of Defense Base Closure
            Account 1990 established by section 2906 of such Act,
            $254,827,000.
                (7) For base closure and realignment activities as
            authorized by the Defense Base Closure and Realignment Act of
            1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
            note) and funded through the Department of Defense Base Closure
            Account 2005 established by section 2906A of such Act,
            $1,504,466,000.
                (8) For military family housing functions:
                        (A) For support of military family housing
                    (including functions described in section 2833 of title
                    10, United States Code), $46,391,000.
                        (B) For credit to the Department of Defense Family
                    Housing Improvement Fund established by section
                    2883(a)(1) of title 10, United States Code, $2,500,000.
                (9) For the construction of increment 2 of the hospital
            replacement at Fort Belvoir, Virginia, authorized by section
            2401(a) of the Military Construction Authorization Act for
            Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat.
            2112), $57,000,000.

        (b) Limitation on Total Cost of Construction Projects.--
    Notwithstanding the cost variations authorized by section 2853

    [[Page 119 STAT. 3500]]

    of title 10, United States Code, and any other cost variation authorized
    by law, the total cost of all projects carried out under section 2401 of
    this Act may not exceed the sum of the following:
                (1) The total amount authorized to be appropriated under
            paragraphs (1) and (2) of subsection (a).
                (2) $12,500,000 (the balance of the amount authorized under
            section 2401(a) for construction of a regional security
            operations center, Augusta, Georgia).
                (3) $256,034,000 (the balance of the amount authorized under
            section 2401(a) for replacement of a regional security
            operations center, Kunia, Hawaii).
                (4) $13,151,000 (the balance of the amount authorized under
            section 2401(a) for construction of a classified material
            conversion facility, Fort Meade, Maryland).
                (5) $44,657,000 (the balance of the amount authorized under
            section 2401(b) for construction of an operations building,
            Royal Air Force Menwith Hill Station, United Kingdom).

        (c) Notice and Wait Requirement Applicable to Obligation of Funds
    for Base Closure and Realignment Activities.--Funds appropriated
    pursuant to the authorization of appropriations in subsection (a)(7) may
    not be obligated until--
                (1) <<NOTE: Reports.>> a period of 21 days has expired
            following the date on which the Secretary of Defense submits to
            the congressional defense committees a report describing the
            specific programs, projects, and activities for which the funds
            are to be obligated; or
                (2) if over sooner, a period of 14 days has expired
            following the date on which a copy of the report is provided in
            an electronic medium pursuant to section 480 of title 10, United
            States Code.

       TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT
                                     PROGRAM

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

    SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

        The Secretary of Defense may make contributions for the North
    Atlantic Treaty Organization Security Investment program as provided in
    section 2806 of title 10, United States Code, in an amount not to exceed
    the sum of the amount authorized to be appropriated for this purpose in
    section 2502 and the amount collected from the North Atlantic Treaty
    Organization as a result of construction previously financed by the
    United States.

    SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2005, for contributions by the Secretary
    of Defense under section 2806 of title 10, United States Code, for the
    share of the United States of the cost of projects for the North
    Atlantic Treaty Organization Security Investment program authorized by
    section 2501, in the amount of $206,858,000.

    [[Page 119 STAT. 3501]]

                 TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

    SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND
                ACQUISITION PROJECTS.

        Funds are hereby authorized to be appropriated for fiscal years
    beginning after September 30, 2005, for the costs of acquisition,
    architectural and engineering services, and construction of facilities
    for the Guard and Reserve Forces, and for contributions therefor, under
    chapter 1803 of title 10, United States Code (including the cost of
    acquisition of land for those facilities), in the following amounts:
                (1) For the Department of the Army--
                        (A) for the Army National Guard of the United
                    States, $523,151,000; and
                        (B) for the Army Reserve, $152,569,000.
                (2) For the Department of the Navy, for the Navy Reserve and
            Marine Corps Reserve, $46,864,000.
                (3) For the Department of the Air Force--
                        (A) for the Air National Guard of the United States,
                    $316,117,000; and
                        (B) for the Air Force Reserve, $105,883,000.

             TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

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

    SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE
                SPECIFIED BY LAW.

        (a) Expiration of Authorizations After Three Years.--Except as
    provided in subsection (b), all authorizations contained in titles XXI
    through XXVI for military construction projects, land acquisition,
    family housing projects and facilities, and contributions to the North
    Atlantic Treaty Organization Security Investment program (and
    authorizations of appropriations therefor) shall expire on the later
    of--
                (1) October 1, 2008; or
                (2) the date of the enactment of an Act authorizing funds
            for military construction for fiscal year 2009.

        (b) Exception.--Subsection (a) shall not apply to authorizations for
    military construction projects, land acquisition, family housing
    projects and facilities, and contributions to the North Atlantic Treaty
    Organization Security Investment program (and authorizations of
    appropriations therefor), for which appropriated funds have been
    obligated before the later of--
                (1) October 1, 2008; or
                (2) the date of the enactment of an Act authorizing funds
            for fiscal year 2009 for military construction projects, land

    [[Page 119 STAT. 3502]]

            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, Florida....  Family housing (134       $15,906,000
                                        units).
                                       Family housing office        $597,000
    Keesler Air Force Base,            Family housing (117       $16,505,000
     Mississippi.                       units).
    Randolph Air Force Base, Texas...  Family housing (112       $14,311,000
                                        units).
                                       Housing maintenance          $447,000
                                        facility.
    ------------------------------------------------------------------------

              Defense Wide: Extension of 2003 Project Authorization
    ------------------------------------------------------------------------
         Installation or Location             Project             Amount
    ------------------------------------------------------------------------
    Stennis Space Center, Mississippi  SOF Training Range...      $5,000,000
    ------------------------------------------------------------------------

    SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2002
                PROJECTS.

        (a) Extension and Renewal.--Notwithstanding section 2701 of the
    Military Construction Authorization Act for Fiscal Year 2002 (division B
    of Public Law 107-107; 115 Stat. 1301), authorizations set forth in the
    tables in subsection (b), as provided in section 2101 or 2302 of that
    Act and extended by section 2702 of the Military Construction
    Authorization Act for Fiscal Year 2005 (division B of Public Law 108-
    375; 118 Stat. 2116), shall remain in effect until October 1, 2006, or
    the date of the enactment of an Act authorizing funds for military
    construction for fiscal year 2007, whichever is later.
        (b) Tables.--The tables referred to in subsection (a) are as
    follows:

                  Army: Extension of 2002 Project Authorization
    ------------------------------------------------------------------------
         Installation or Location             Project             Amount
    ------------------------------------------------------------------------
    Pohakuloa Training Area, Hawaii..  Land acquisition.....      $1,500,000
    ------------------------------------------------------------------------

    [[Page 119 STAT. 3503]]

               Air Force: Extension of 2002 Project Authorization
    ------------------------------------------------------------------------
         Installation or Location             Project             Amount
    ------------------------------------------------------------------------
    Barksdale Air Force Base,          Family housing (56         $7,300,000
     Louisiana.                         units).
    ------------------------------------------------------------------------

                        TITLE XXVIII--GENERAL PROVISIONS

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

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

             Subtitle B--Real Property and Facilities Administration

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

                    Subtitle C--Base Closure and Realignment

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

    [[Page 119 STAT. 3504]]

                          Subtitle D--Land Conveyances

                            Part 1--Army Conveyances

    Sec. 2841. Land conveyance, Camp Navajo, Arizona.
    Sec. 2842. Land conveyance, Iowa Army Ammunition Plant, Middletown,
               Iowa.
    Sec. 2843. Land conveyance, Helena, Montana.
    Sec. 2844. Lease authority, Army Heritage and Education Center,
               Carlisle, Pennsylvania.
    Sec. 2845. Land exchange, Fort Hood, Texas.
    Sec. 2846. Modification of land conveyance, Engineer Proving Ground,
               Fort Belvoir, Virginia.
    Sec. 2847. Land conveyance, Fort Belvoir, Virginia.
    Sec. 2848. Land conveyance, Army Reserve Center, Bothell, Washington.

                            Part 2--Navy Conveyances

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

                          Part 3--Air Force Conveyances

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

                            Subtitle E--Other Matters

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

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

    SEC. 2801. MODIFICATION OF CONGRESSIONAL NOTIFICATION REQUIREMENTS FOR
                CERTAIN MILITARY CONSTRUCTION ACTIVITIES.

        (a) Contingency Construction.--Section 2804(b) of title 10, United
    States Code, is amended--
                (1) by striking ``21-day period'' and inserting ``14-day
            period''; and
                (2) by striking ``14-day period'' and inserting ``seven-day
            period''.

        (b) Acquisition in Lieu of Construction.--Section 2813(c) of such
    title is amended--
                (1) by striking ``30-day period'' and inserting ``21-day
            period''; and
                (2) by striking ``21-day period'' and inserting ``14-day
            period''.

    [[Page 119 STAT. 3505]]

    SEC. 2802. INCREASE IN NUMBER OF FAMILY HOUSING UNITS IN KOREA
                AUTHORIZED FOR LEASE BY THE ARMY AT MAXIMUM AMOUNT.

        Section 2828(e)(4) of title 10, United States Code, is amended by
    striking ``2,400'' and inserting ``2,800''.

    SEC. 2803. IMPROVEMENT IN AVAILABILITY AND TIMELINESS OF DEPARTMENT OF
                DEFENSE INFORMATION REGARDING MILITARY CONSTRUCTION AND
                FAMILY HOUSING ACCOUNTS AND ACTIVITIES.

        (a) Maintenance of Information on Internet.--Section 2851 of title
    10, United States Code, is amended by adding at the end the following
    new subsection:
        ``(c) Maintenance of Military Construction Information on Internet;
    Access.--(1) The Secretary of Defense shall maintain an Internet site
    that, when activated by a person authorized under paragraph (3), will
    permit the person to access and view on a separate page of the Internet
    site a document or other file containing the information required by
    paragraph (2) for the following:
                ``(A) Each military construction project or military family
            housing project that has been specifically authorized by Act of
            Congress.
                ``(B) Each project carried out with funds authorized for the
            operation and maintenance of military family housing.
                ``(C) Each project carried out with funds authorized for the
            improvement of military family housing units.
                ``(D) Each unspecified minor construction project carried
            out under the authority of section 2805(a) of this title.
                ``(E) Each military construction project or military family
            housing project regarding which a statutory requirement exists
            to notify Congress.

        ``(2) The information to be provided via the Internet site required
    by paragraph (1) for each project described in such paragraph shall
    include the following:
                ``(A) The solicitation date and award date (or anticipated
            dates) for each contract entered into (or to be entered into) by
            the United States in connection with the project.
                ``(B) The contract recipient, contract award amount,
            construction milestone schedule proposed by the contractor, and
            construction completion date stipulated in the awarded contract.
                ``(C) The most current Department of Defense Form 1391,
            Military Construction Project Data, for the project.
                ``(D) The progress of the project, including the percentage
            of construction currently completed and the current estimated
            construction completion date.
                ``(E) The current contract obligation of funds for the
            project, including any changes to the original contract award
            amount.
                ``(F) The estimated final cost of the project and, if the
            estimated final cost of the project exceeds the amount
            appropriated for the project and funds have been provided from
            another source to meet the increased cost, the source of the
            funds and the amount provided.
                ``(G) If funds appropriated for the project have been
            diverted for use in another project, the project to which the
            funds were diverted and the amount so diverted.

    [[Page 119 STAT. 3506]]

                ``(H) For accounts such as planning and design, unspecified
            minor construction, and family housing operation and
            maintenance, detailed information regarding expenditures and
            anticipated expenditures under these accounts and the purposes
            for which the expenditures are made.

        ``(3) Access to the Internet site required by paragraph (1) shall be
    restricted to the following persons:
                ``(A) Members of the congressional defense committees and
            their staff.
                ``(B) Staff of the congressional defense committees.

        ``(4) <<NOTE: Deadline.>> The information required to be provided
    for each project described in paragraph (1) shall be made available to
    the persons referred to in paragraph (3) not later than 90 days after
    the award of a contract or delivery order for the project. The Secretary
    of Defense shall update the required information as promptly as
    practicable, but not less frequently than once a month, to ensure that
    the information is available to such persons in a timely manner.''.

        (b) Implementation.--The <<NOTE: Deadline. 10 USC 2851
    note.>> Internet site required by subsection (c) of section 2851 of
    title 10, United States Code, as added by subsection (a), shall be
    available to the persons referred to in paragraph (3) of such subsection
    not later than July 15, 2006.

        (c) Stylistic Amendments.--Such section is further amended--
                (1) in subsection (a), by inserting ``Supervision of
            Military Department Projects.--'' after ``(a)''; and
                (2) in subsection (b), by inserting ``Supervision of Defense
            Agency Projects.--'' after ``(b)''

    SEC. 2804. MODIFICATION OF COST VARIATION AUTHORITY.

        (a) Limitation on Cost Decreases Related to Military Construction
    and Military Family Housing Projects.--Section 2853 of title 10, United
    States Code, is amended--
                (1) in subsection (a)--
                        (A) by striking ``may be increased by not more than
                    25 percent'' and inserting ``may be increased or
                    decreased by not more than 25 percent''; and
                        (B) by striking ``if the Secretary concerned
                    determines that such an increase in cost is required''
                    and inserting ``if the Secretary concerned determines
                    that such revised cost is required'';
                (2) in subsection (c)--
                        (A) by striking ``limitation on cost increase'' and
                    inserting ``limitation on cost variations''; and
                        (B) by striking ``the increase'' both places it
                    appears and inserting ``the variation''; and
                (3) in subsection (d), by striking ``limitation on cost
            increases'' and inserting ``limitation on cost variations''.

        (b) Additional Information Required for Notification in Connection
    With Waiver of Limitations on Cost Increases.--Subsection (c)(2) of such
    section is further amended by inserting after ``the reasons therefor''
    the following: ``, including a description of the funds proposed to be
    used to finance any increased costs''.
        (c) Technical Amendments.--
                (1) Section heading.--The heading of such section is amended
            to read as follows:

    [[Page 119 STAT. 3507]]

    ``Sec. 2853. Authorized cost and scope of work variations''.

                (2) Table of sections.--The item relating to such section in
            the table of sections at the beginning of subchapter III of
            chapter 169 of such title is amended to read as follows:

    ``2853. Authorized cost and scope of work variations.''.

    SEC. 2805. INAPPLICABILITY TO CHILD DEVELOPMENT CENTERS OF RESTRICTION
                ON AUTHORITY TO ACQUIRE OR CONSTRUCT ANCILLARY SUPPORTING
                FACILITIES.

        (a) Exception for Child Development Centers.--Section 2881(b) of
    title 10, United States Code, is amended by inserting ``(other than a
    child development center)'' after ``ancillary supporting facility''.
        (b) Child Development Center Defined.--Section 2871 of such title is
    amended--
                (1) in paragraph (1), by inserting ``child development
            centers,'' after ``day care centers,''; and
                (2) by inserting after paragraph (1) the following new
            paragraph:
                ``(2) The term `child development center' includes a
            facility, and the utilities to support such facility, the
            function of which is to support the daily care of children aged
            six weeks old through five years old for full-day, part-day, and
            hourly service.''.

        (c) Rule of Construction.--Nothing in the <<NOTE: 10 USC 2881
    note.>> amendment made by subsection (a) may be construed to alter any
    law and regulation applicable to the operation of a child development
    center, as defined in section 2871(2) of title 10, United States Code.

    SEC. 2806. DEPARTMENT OF DEFENSE HOUSING FUNDS.

        (a) Requirement to Fund Certain Acquisition and Improvement of
    Military Housing Solely Through Defense Housing Funds.--Subsection (e)
    of section 2883 of title 10, United States Code, is amended--
                (1) by striking ``The Secretary'' and inserting ``(1) The
            Secretary''; and
                (2) by adding at the end the following new paragraph:

        ``(2) The Funds established under subsection (a) shall be the sole
    source of funds for activities carried out under this subchapter.''.
        (b) Authority to Transfer Funds Appropriated for the Improvement of
    Military Family Housing to Defense Housing Funds.--Subsection (c)(1)(B)
    of such section is amended by striking ``acquisition or construction''
    and inserting ``acquisition, improvement, or construction''.
        (c) Reporting Requirements Related to Department of Defense Housing
    Funds.--Section 2884 of such title is amended--
                (1) in subsection (a)(2)(D), by inserting after
            ``description of the source of such funds'' the following: ``,
            including a description of the specific construction,
            acquisition, or improvement projects from which funds were
            transferred to the Funds established under section 2883 of this
            title in order to finance the contract, conveyance, or lease'';
            and
                (2) in subsection (b)(1)--
                        (A) by striking ``a report'' and inserting ``a
                    separate report'';

    [[Page 119 STAT. 3508]]

                        (B) by striking ``covering the Funds'' and inserting
                    ``covering each of the Funds''; and
                        (C) by striking the period at the end and inserting
                    the following: ``, including a description of the
                    specific construction, acquisition, or improvement
                    projects from which funds were transferred and the
                    privatization projects or contracts to which those funds
                    were transferred. Each report shall also include, for
                    each military department or defense agency, a
                    description of all funds to be transferred to such Funds
                    for the current fiscal year and the next fiscal year.''.

    SEC. 2807. USE OF DESIGN-BUILD SELECTION PROCEDURES TO ACCELERATE DESIGN
                EFFORT IN CONNECTION WITH MILITARY CONSTRUCTION PROJECTS.

        (a) Clarification of Condition on Contracts.--Paragraph (2) of
    subsection (f) of section 2305a of title 10, United States Code, is
    amended to read as follows:
        ``(2) Any military construction contract that provides for an
    accelerated design effort, as authorized by paragraph (1), shall include
    as a condition of the contract that the liability of the United States
    in a termination for convenience before funds are first made available
    for construction may not exceed an amount attributable to the final
    design of the project.''.
        (b) Duration of Authority; Report.--Paragraph (4) of such subsection
    is amended by striking ``2007'' each place it appears and inserting
    ``2008''.

    SEC. 2808. ACQUISITION OF ASSOCIATED UTILITIES, EQUIPMENT, AND
                FURNISHINGS IN RESERVE COMPONENT FACILITY EXCHANGE.

        (a) Acquisition Authority.--Section 18240 of title 10, United States
    Code, is amended--
                (1) in subsection (a), by adding at the end the following
            new sentence: ``The acquisition of a facility or an addition to
            an existing facility under this section may include the
            acquisition of utilities, equipment, and furnishings for the
            facility.''; and
                (2) in subsection (c), by inserting ``including any
            utilities, equipment, and furnishings, to be'' after ``existing
            facility,''.

        (b) Conforming Amendment.--Section 2809(c)(1) of the Military
    Construction Authorization Act for Fiscal Year 2005 (division B of
    Public Law 108-375; 118 Stat. 2127) is <<NOTE: 10 USC 18240
    note.>> amended by inserting ``including any utilities, equipment, and
    furnishings,'' after ``existing facility,''.

    SEC. 2809. ONE-YEAR EXTENSION OF TEMPORARY, LIMITED AUTHORITY TO USE
                OPERATION AND MAINTENANCE FUNDS FOR CONSTRUCTION PROJECTS
                OUTSIDE THE UNITED STATES.

        (a) Conditional Extension.--Section 2808 of the Military
    Construction Authorization Act for Fiscal Year 2004 (division B of
    Public Law 108-136; 117 Stat. 1723), as amended by section 2810 of the
    Military Construction Authorization Act for Fiscal Year 2005 (division B
    of Public Law 108-375; 118 Stat. 2128), is further amended--
                (1) in subsection (a), by striking ``fiscal year 2005'' and
            inserting ``fiscal years 2005 and 2006''; and

    [[Page 119 STAT. 3509]]

                (2) in subsection (d)(2)--
                        (A) by striking ``during fiscal year 2005'' and
                    inserting ``during a fiscal year'';
                        (B) by inserting ``for that fiscal year'' after
                    ``commence''; and
                        (C) by striking ``for fiscal year 2004'' and
                    inserting ``for the preceding fiscal year''.

        (b) Limitation on Use of Authority.--Subsection (c)(1) of such
    section 2808 is amended by striking ``$200,000,000'' and inserting
    ``$100,000,000''.
        (c) Quarterly Reports.--Subsection (d) of such section 2808 is
    amended by striking paragraph (1) and inserting the following new
    paragraph:
        ``(1) Not later than 30 days after the end of each fiscal-year
    quarter during which appropriated funds available for operation and
    maintenance are obligated or expended to carry out construction projects
    outside the United States, the Secretary of Defense shall submit to the
    congressional committees specified in subsection (f) a report on the
    worldwide obligation and expenditure during that quarter of such
    appropriated funds for such construction projects.''.
        (d) Effect of Failure to Submit Quarterly Reports or Project
    Notifications.--Such section 2808 is further amended by adding at the
    end the following new subsection:
        ``(g) Effect of Failure to Submit Quarterly Reports or Project
    Notifications.--If the report for a fiscal-year quarter under subsection
    (d) or the notice of the obligation of the funds for a construction
    project required by subsection (b) is not submitted to the congressional
    committees specified in subsection (f) by the required date,
    appropriated funds available for operation and maintenance may not be
    obligated or expended after that date under the authority of this
    section to carry out construction projects outside the United States
    until the date on which the report or notice is finally submitted.''.

    SEC. 2810. TEMPORARY PROGRAM TO USE MINOR MILITARY CONSTRUCTION
                AUTHORITY FOR CONSTRUCTION OF CHILD DEVELOPMENT CENTERS.

        (a) Thresholds on Construction Authorized.--The Secretary of Defense
    shall establish a program to carry out minor military construction
    projects under section 2805 of title 10, United States Code, to
    construct child development centers.
        (b) Increased Maximum Amounts Applicable to Minor Construction
    Projects.--For the purpose of any military construction project carried
    out under the program authorized by this section, the amounts specified
    in section 2805 of title 10, United States Code, are modified as
    follows:
                (1) The amount specified in the third sentence of subsection
            (a)(1) of such section is deemed to be $8,000,000.
                (2) The amount specified in the second sentence of
            subsection (a)(1) and in subsection (c)(1)(A) of such section is
            deemed to be $7,000,000.
                (3) The amount specified in subsections (b)(1) and (c)(1)(B)
            of such section is deemed to be $5,000,000.

        (c) Notification, Review and Approval Requirements.--The
    notification requirements under section 2805 of title 10, United States
    Code, shall remain in effect for construction projects carried out under
    the program authorized by this section. <<NOTE: Procedures.>> The
    Secretary

    [[Page 119 STAT. 3510]]

    shall establish procedures for the review and approval of requests from
    the Secretaries of military departments to carry out construction
    projects under the program.
        (d) Report Required.--Not later than March 1, 2007, the Secretary of
    Defense shall submit to the congressional defense committees a report on
    the program authorized by this section. The report shall include a list
    and description of the construction projects carried out under the
    program, including the location and cost of each project.
        (e) Expiration of Authority.--The authority to obligate funds to
    carry out a minor military construction project under the program
    authorized by this section expires on September 30, 2007.
        (f) Construction of Authority.--Nothing in this section may be
    construed to limit any other authority provided by law for a military
    construction project at a child development center.
        (g) Child Development Center Defined.--In this section, the term
    ``child development center'' includes a facility, and the utilities to
    support such facility, the function of which is to support the daily
    care of children aged six weeks old through five years old for full-day,
    part-day, and hourly service.

    SEC. 2811. GENERAL AND FLAG OFFICERS QUARTERS IN THE NATIONAL CAPITAL
                REGION.

        (a) Service-by-Service Report on Need for Quarters in National
    Capital Region.--Not later than March 15, 2006, the Secretary of each of
    the military departments shall submit to the congressional defense
    committees a report containing an analysis of the anticipated needs of
    the Armed Forces under the jurisdiction of that Secretary for family
    housing units for general officers and flag officers in the National
    Capital Region. In conducting the analysis, the Secretary shall consider
    the necessity of providing housing for general officers and flag
    officers in secure locations in the National Capital Region, but shall
    not consider the number of existing Government-owned units in the
    National Capital Region.
        (b) Use of Alternative Authority for Acquisition and Improvement of
    Military Housing.--The Secretary of a military department shall include
    in the report prepared by the Secretary under subsection (a) an
    assessment of the viability and economic impact of incorporating the
    inventory of general officer and flag officer quarters of that military
    department in the National Capitol Region into transactions carried out
    using the alternative authority for the acquisition and improvement of
    military housing provided by subchapter IV of chapter 169 of title 10,
    United States Code. The assessment shall include an economic analysis of
    the potential costs to include general officer and flag officer quarters
    into existing and planned housing privatization transactions.
        (c) Definitions.--In this section:
                (1) The terms ``general officer'' and ``flag officer'' have
            the meanings given such terms in section 101(b) of title 10,
            United States Code.
                (2) The term ``National Capital Region'' has the meaning
            given such term in section 2674(f) of such title.

    [[Page 119 STAT. 3511]]

             Subtitle B--Real Property and Facilities Administration

    SEC. 2821. CONSOLIDATION OF DEPARTMENT OF DEFENSE LAND ACQUISITION
                AUTHORITIES AND LIMITATIONS ON USE OF SUCH AUTHORITIES.

        (a) Land Acquisition Authority.--Chapter 159 of title 10, United
    States Code, is amended--
                (1) in section 2663--
                        (A) by striking the section heading and inserting
                    the following new section heading:

    ``Sec. 2663. Land acquisition authorities'';

                        (B) in subsection (a)--
                              (i) by redesignating paragraphs (1), (2), and
                          (3) as subparagraphs (A), (B), and (C),
                          respectively;
                              (ii) in subparagraph (C), as so redesignated,
                          by striking ``clause (2)'' and inserting
                          ``subparagraph (B)''; and
                              (iii) by inserting ``Acquisition of Land by
                          Condemnation for Certain Military Purposes.--(1)''
                          before ``The Secretary'';
                        (C) by redesignating subsection (b) as paragraph (2)
                    and, in such paragraph, by striking ``subsection (a)''
                    and inserting ``paragraph (1)'';
                        (D) by redesignating subsection (c) as subsection
                    (b) and, in such subsection, by inserting ``Acquisition
                    by Purchase in Lieu of Condemnation.--'' before ``The
                    Secretary''; and
                        (E) by striking subsection (d);
                (2) by transferring subsections (a), (b), and (d) of section
            2672 to section 2663 and inserting such subsections in that
            order after subsection (b), as redesignated by paragraph (1)(D);
                (3) in subsection (a), as transferred by paragraph (2), by
            striking ``(a) Acquisition Authority'' and inserting ``(c)
            Acquisition of Low-cost Interests in Land'';
                (4) in subsection (b), as transferred by paragraph (2)--
                        (A) by striking ``(b) Acquisition of Multiple
                    Parcels.--This section'' and inserting ``(3) This
                    subsection'';
                        (B) by striking ``subsection (a)(1)'' and inserting
                    ``paragraph (1)''; and
                        (C) by striking ``subsection (a)(2)'' and inserting
                    ``paragraph (2)'';
                (5) in subsection (d), as transferred by paragraph (2)--
                        (A) by striking ``(d) Availability of Funds.--
                    Appropriations'' and inserting ``(4) Appropriations'';
                    and
                        (B) by striking ``this section'' and inserting
                    ``this subsection'';
                (6) by transferring subsections (a), (c), and (b) of section
            2672a to section 2663 and inserting such subsections in that
            order after subsection (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

    [[Page 119 STAT. 3512]]

                        (B) by striking ``(a) The Secretary'' and inserting
                    ``(d) Acquisition of Interests in Land When Need Is
                    Urgent.--(1) The Secretary'';
                (8) in subsection (c), as transferred by paragraph (6)--
                        (A) by striking ``(c)'' and inserting ``(2)''; and
                        (B) by striking ``this section'' and inserting
                    ``this subsection'';
                (9) in subsection (b), as transferred by paragraph (6)--
                        (A) by striking ``(b)'' and inserting ``(3)'';
                        (B) by striking ``this section'' in the first
                    sentence and inserting ``this subsection''; and
                        (C) by striking the second sentence;
                (10) by transferring subsection (b) of section 2676 to
            section 2663 and inserting such subsection after subsection (d),
            as redesignated and amended by paragraphs (7), (8), and (9); and
                (11) in subsection (b), as transferred by paragraph (10), by
            striking ``(b) Authority'' and inserting ``(e) Survey Authority;
            Acquisition Methods.--Authority''.

        (b) Limitations on Acquisition Authority.--Section 2676 of such
    title, as amended by subsection (a)(10), is further amended--
                (1) in subsection (a)--
                        (A) by inserting ``Authorization for Acquisition
                    Required.--'' before ``No military department''; and
                        (B) by striking ``, as amended'';
                (2) in subsection (c)--
                        (A) in paragraph (1), by inserting ``Cost Limita-
                    tions.--'' before ``(1)''; and
                        (B) in paragraph (2)--
                              (i) by striking ``A land'' and inserting
                          ``Until subsection (d) is complied with, a land'';
                          and
                              (ii) by striking ``lesser,'' and all that
                          follows through the period at the end and
                          inserting ``lesser.'';
                (3) in subsection (d), by inserting ``Congressional
            Notification.--'' before ``The limitations''; and
                (4) in subsection (e), by inserting ``Payment of Judgements
            and Settlements.--'' before ``The Secretary''.

        (c) Transfer and Redesignation of Revised Limitation Section.--
    Section 2676 of such title, as amended by subsections (a)(10) and (b)--
                (1) is inserted after section 2663 of such title, as amended
            by subsection (a); and
                (2) is amended by striking the section heading and inserting
            the following new section heading:

    ``Sec. 2664. Limitations on real property acquisition''.

        (d) Inclusion of Limitation on Land Acquisition Commissions.--
    Subsection (c) of section 2661 of such title is transferred to section
    2664 of such title, as redesignated by subsection (c)(2), is inserted
    after subsection (a) of such redesignated section, and is redesignated
    as subsection (b).
        (e) Application of Real Property Management Authorities to Pentagon
    Reservation.--Section 2661 of such title is amended by adding at the end
    the following new subsection:

    [[Page 119 STAT. 3513]]

        ``(d) Treatment of Pentagon Reservation.--In this chapter, the terms
    `Secretary concerned' and `Secretary of a military department' include
    the Secretary of Defense with respect to the Pentagon Reservation.''.
        (f) Conforming Repeals.--Sections 2672 and 2672a of such title are
    repealed.
        (g) Clerical Amendments.--The table of sections at the beginning of
    chapter 159 of such title is amended--
                (1) by striking the items relating to sections 2663, 2672,
            2672a, and 2676; and
                (2) by inserting after the item relating to section 2662 the
            following new items:

    ``2663. Land acquisition authorities.
    ``2664. Limitations on real property acquisition.''.

    SEC. 2822. MODIFICATION OF AUTHORITIES ON AGREEMENTS TO LIMIT
                ENCROACHMENTS AND OTHER CONSTRAINTS ON MILITARY TRAINING,
                TESTING, AND OPERATIONS.

        (a) Expansion of Agreements Authorized.--
                (1) In general.--Subsection (a) of section 2684a of title
            10, United States Code, is amended--
                        (A) by inserting ``or entities'' after ``entity'';
                    and
                        (B) by striking ``in the vicinity of a military
                    installation'' and inserting ``in the vicinity of, or
                    ecologically related to, a military installation or
                    military airspace''.
                (2) Conforming amendments.--Subsection (d) of such section
            is amended--
                        (A) in paragraph (1)--
                              (i) in the matter preceding subparagraph (A),
                          by inserting ``or entities'' after ``eligible
                          entity''; and
                              (ii) in subparagraph (A), by inserting ``or
                          entities'' after ``the entity''; and
                        (B) in paragraph (3), by inserting ``or entities''
                    after ``the entity''.

        (b) Cost-Sharing of Acquisition Costs of Property and Interests.--
    Subsection (d) of such section is further amended--
                (1) in paragraph (1)--
                        (A) in the matter preceding subparagraph (A), by
                    striking ``may provide'' and inserting ``shall
                    provide''; and
                        (B) by striking subparagraph (B) and inserting the
                    following new subparagraph (B):
                ``(B) the sharing by the United States and the entity or
            entities of the acquisition costs in accordance with paragraph
            (3).'';
                (2) by redesignating paragraphs (3), (4), and (5) as
            paragraphs (4), (5), and (6), respectively; and
                (3) by inserting after paragraph (2) the following new
            paragraph (3):

        ``(3)(A) The Secretary concerned shall determine the appropriate
    portion of the acquisition costs to be borne by the United States in the
    sharing of acquisition costs of real property, or an interest in real
    property, under paragraph (1)(B).
        ``(B) The portion of acquisition costs borne by the United States in
    the sharing of acquisition costs of real property, or an interest in
    real property, under paragraph (1)(B) may not exceed an amount equal to
    the fair market value of any property or interest to be

    [[Page 119 STAT. 3514]]

    transferred to the United States upon the request of the Secretary
    concerned under paragraph (4).
        ``(C) The contribution of an entity or entities to the acquisition
    costs of real property, or an interest in real property, under paragraph
    (1)(B) may include, with the approval of the Secretary concerned, the
    following or any combination of the following:
                ``(i) The provision of funds, including funds received by
            such entity or entities from a Federal agency outside the
            Department of Defense or a State or local government in
            connection with a Federal, State, or local program.
                ``(ii) The provision of in-kind services, including services
            related to the acquisition or maintenance of such real property
            or interest in real property.
                ``(iii) The exchange or donation of real property or any
            interest in real property.''.

        (c) Reporting Requirement.--Such section is further amended--
                (1) by redesignating subsections (g) and (h) as subsections
            (h) and (i), respectively; and
                (2) by inserting after subsection (f) the following new
            subsection (g):

        ``(g) Annual Reports.--(1) Not later than March 1, 2007, and
    annually thereafter, the Secretary of Defense shall, in coordination
    with the Secretaries of the military departments and the Director of the
    Department of Defense Test Resource Management Center, submit to the
    Committees on Armed Services of the Senate and the House of
    Representatives a report on the projects undertaken under agreements
    under this section.
        ``(2) Each report under paragraph (1) shall include the following
    the following:
                ``(A) A description of the status of the projects undertaken
            under agreements under this section.
                ``(B) An assessment of the effectiveness of such projects,
            and other actions taken pursuant to this section, as part of a
            long-term strategy to ensure the sustainability of military test
            and training ranges, military installations, and associated
            airspace.
                ``(C) An evaluation of the methodology and criteria used to
            select, and to establish priorities, for projects undertaken
            under agreements under this section.
                ``(D) A description of any sharing of costs by the United
            States and eligible entities under subsection (d) during the
            preceding year, including a description of each agreement under
            this section providing for the sharing of such costs and a
            statement of the eligible entity or entities with which the
            United States is sharing such costs.
                ``(E) Such recommendations as the Secretary of Defense
            considers appropriate for legislative or administrative action
            in order to improve the efficiency and effectiveness of actions
            taken pursuant to agreements under this section.''.

    SEC. 2823. <<NOTE: Contracts.>> MODIFICATION OF UTILITY SYSTEM
                CONVEYANCE AUTHORITY AND RELATED REPORTING REQUIREMENTS.

        (a) Notice and Wait Requirement.--Subsection (a) of section 2688 of
    title 10, United States Code, is amended--
                (1) by inserting ``(1)'' after ``Conveyance Authority.--'';
            and

    [[Page 119 STAT. 3515]]

                (2) by adding at the end the following new paragraph:

        ``(2) The Secretary concerned may not enter into a contract to
    convey a utility system, or part of a utility system, under this
    subsection until--
                ``(A) the Secretary submits to the congressional defense
            committees an economic analysis, based upon accepted life-cycle
            costing procedures approved by the Secretary of Defense, that
            demonstrates that--
                        ``(i) the long-term economic benefit to the United
                    States of the conveyance of the utility system, or part
                    thereof, exceeds the long-term economic cost to the
                    United States of the conveyance;
                        ``(ii) the conveyance of the utility system, or part
                    thereof, will reduce the long-term cost to the United
                    States of utility services provided by the utility
                    system; and
                        ``(iii) the economic benefit analysis under clause
                    (i) and the cost reduction analysis under clause (ii)
                    incorporate margins of error in the estimates, based
                    upon guidance approved by the Secretary of Defense that
                    minimize any underestimation of the costs resulting from
                    privatization of the utility system, or part thereof, or
                    any overestimation of the costs resulting from continued
                    Government ownership and management of the utility
                    system, or part thereof; and
                ``(B) the end of the 21-day period beginning on the date on
            which the economic analysis prepared under subparagraph (A) with
            respect to the conveyance of the utility system, or part
            thereof, is received by the congressional defense committees or,
            if over earlier, the end of the 14-day period beginning on the
            date on which a copy of the economic analysis is provided in an
            electronic medium pursuant to section 480 of this title.''.

        (b) Consideration.--Subsection (c)(1) of such section is amended by
    striking ``shall'' and inserting ``may''.
        (c) Duration of Utility Services Contracts in Connection With
    Conveyances.--Such section is further amended--
                (1) by redesignating subsections (d) through (i) as
            subsections (e) through (j), respectively; and
                (2) by redesignating paragraph (3) of subsection (c) as
            subsection (d) and, in such subsection (as so redesignated)--
                        (A) by striking ``A contract'' and inserting
                    ``Contracts for Utility Services.--(1) Except as
                    provided in paragraph (2), a contract'';
                        (B) by striking ``paragraph (1)'' and inserting
                    ``subsection (c)'';
                        (C) by striking ``50 years.'' and inserting ``10
                    years.''; and
                        (D) by adding at the end the following new
                    paragraph:

        ``(2) The Secretary of Defense, or the designee of the Secretary,
    may authorize a contract for utility services described in paragraph (1)
    to have a term in excess of 10 years, but not to exceed 50 years, if the
    Secretary determines that a contract for a longer term will be cost
    effective. The economic analysis submitted to the congressional defense
    committees under subsection (a)(2) for the conveyance of the utility
    system, or part thereof, with regard to which the utility services
    contract will be entered into by the Secretary concerned shall include
    the determination required by this paragraph, an explanation of the need
    for the longer term

    [[Page 119 STAT. 3516]]

    contract, and a comparison of costs between a 10-year contract and the
    longer-term contract.''.
        (d) Conforming Amendments.--Such section is further amended--
                (1) in subsection (f), as redesignated by subsection (c)(1),
            by striking the second sentence; and
                (2) in subsection (h), as redesignated by subsection (c)(1),
            by striking ``subsection (e)'' and inserting ``subsection
            (a)(2)''.

        (e) Temporary Limitation on Use of Conveyance Authority.--During
    each of fiscal years 2006 and 2007, the number of utility systems, or
    parts of utility systems, for which conveyance contracts may be entered
    into under section 2688 of title 10, United States Code, shall not
    exceed 25 percent of the total number of utility systems that, as of the
    date of the enactment of this Act, have been determined to be eligible
    for conveyance under such section, but have not yet been conveyed.
        (f) Report on Use of Conveyance Authority.--Not later than April 1,
    2006, the Secretary of Defense shall submit to the congressional defense
    committees a report describing the use of section 2688 of title 10,
    United States Code, to convey utility systems, or parts of utility
    systems. The report shall contain the following:
                (1) A discussion of the methodology by which a military
            department conducts the economic analyses of proposed utility
            system conveyances under section 2688 of title 10, United States
            Code, including the economic analyses referred to in subsection
            (a)(2) of such section, and any guidance issued by the
            Department of Defense related to conducting such economic
            analyses.
                (2) A list of the steps taken to ensure the reliability of
            completed economic analyses, including post-conveyance reviews
            of actual costs and savings to the United States versus the
            costs and savings anticipated in the economic analyses.
                (3) A review of the costs and savings to the United States
            resulting from each utility system conveyance carried out under
            such section.
                (4) A discussion of the feasibility of obtaining
            consideration equal to the fair market value of a conveyed
            utility system, as authorized by subsection (c) of such section,
            and any guidance issued by the Department of Defense related to
            implementing that requirement, and the effect of that
            requirement and guidance on the costs and savings to the United
            States resulting from procuring by contract the utility services
            provided by the utility system.
                (5) A discussion of the effects that permanent conveyance of
            ownership in a utility system may have on the ability of the
            Secretary of a military department to renegotiate contracts for
            utility services provided by the utility system or to procure
            such services from another source.
                (6) A comparison of the value of contracts to permanently
            convey ownership in a utility system versus contracts that
            include reversion of the utility system to Government ownership
            at the end of a specified contractual period, with regards to
            contract terms, short- and long-term costs to the Government,
            system condition at the end of a contract, liability and costs
            associated with termination before the end of a contract, and

    [[Page 119 STAT. 3517]]

            available courses of action to address problems and other issues
            raised during and after the contractual period.
                (7) A discussion of the efforts and direction within the
            Department of Defense to oversee the implementation and use of
            the utility system conveyance authority under this section and
            to ensure the adequacy of utilities services for a military
            installation after conveyance of a utility system.
                (8) A discussion of the effect of utility system conveyances
            on the operating budgets of military installations at which the
            conveyances were made.

        (g) Temporary <<NOTE: Deadline.>> Suspension of Conveyance
    Authority.--If the report required by subsection (f) is not submitted to
    the congressional defense committees by the date specified in such
    subsection, the Secretary of a military department may not convey a
    utility system, including any part of a utility system, under subsection
    (a) of section 2688 of title 10, United States Code, or make a
    contribution under subsection (h) of such section toward the cost of
    construction, repair, or replacement of a utility system by another
    entity until the end of the 30-day period beginning on the date on which
    the report is finally submitted.

        (h) Comptroller General Review.--
    Not <<NOTE: Deadline. Reports.>> later than August 1, 2006, the
    Comptroller General shall submit to the congressional defense committees
    a report evaluating the changes made by the Department of Defense since
    May 2005 to the utility systems conveyance program authorized by section
    2688 of title 10, United States Code, and the effects of those changes
    and containing such recommendations for additional changes as the
    Comptroller General considers necessary.

    SEC. 2824. REPORT ON APPLICATION OF FORCE PROTECTION AND ANTI-TERRORISM
                STANDARDS TO LEASED FACILITIES.

        (a) Report Required.--Not later than September 30, 2006, the
    Secretary of Defense shall submit to the congressional defense
    committees a report on the application of Department of Defense Anti-
    Terrorism/Force Protection standards to all facilities leased by the
    Department of Defense or leased by the General Services Administration
    as an agent for the Department of Defense as of September 30, 2005.
        (b) Information on Leased Facilities.--For the facilities identified
    in the report submitted under subsection (a), the Secretary of Defense
    shall include the following:
                (1) A description of the function of each leased facility,
            including the location, size, terms of lease, and number of
            personnel housed within the facility.
                (2) A description of the threat assessment and the joint
            security integrated vulnerability assessment for each leased
            facility.
                (3) A description and cost estimate of any actions necessary
            to mitigate risk to an acceptable level in each leased facility.
                (4) A description and cost estimate of the actions to be
            taken by the Secretary for each leased facility to ensure
            compliance with Department of Defense Anti-Terrorism/Force
            Protection standards.
                (5) The total estimated cost of, and a proposed funding plan
            for, implementation of the force protection and anti-terrorism
            measures required to ensure the compliance of all leased

    [[Page 119 STAT. 3518]]

            facilities with Defense Anti-Terrorism/Force Protection
            standards.

        (c) Information on Support Priorities.--The report submitted under
    subsection (a) shall also include a separate description of the
    procedures used by the Secretary of Defense to prioritize funding for
    the application of force protection and antiterrorism standards to
    leased facilities, including a description of any such procedures
    applicable to the entire Department of Defense.
        (d) Applicability.--The reporting requirements under this section
    apply to any space or facility that houses 11 or more personnel in
    service to, or employed by, the Department of Defense.

    SEC. 2825. REPORT ON USE OF GROUND SOURCE HEAT PUMPS AT DEPARTMENT OF
                DEFENSE FACILITIES.

        (a) Report Required.--Not later than July 1, 2006, the Secretary of
    Defense shall submit to the congressional defense committees a report on
    the use of ground source heat pumps at Department of Defense facilities.
        (b) Content.--The report required under subsection (a) shall
    include--
                (1) a description of the types of Department of Defense
            facilities that use ground source heat pumps;
                (2) an assessment of the applicability and cost-
            effectiveness of the use of ground source heat pumps at
            Department of Defense facilities in different geographic regions
            of the United States;
                (3) a description of the relative applicability of ground
            source heat pumps for purposes of new construction at, and
            retrofitting of, Department of Defense facilities; and
                (4) recommendations for facilitating and encouraging the
            increased use of ground source heat pumps at Department of
            Defense facilities.

                    Subtitle C--Base Closure and Realignment

    SEC. 2831. ADDITIONAL REPORTING REQUIREMENTS REGARDING BASE CLOSURE
                PROCESS AND USE OF DEPARTMENT OF DEFENSE BASE CLOSURE
                ACCOUNTS.

        (a) Information on Future Receipts and Expenditures.--
                (1) 1990 account.--Section 2906(c)(1) of the Defense Base
            Closure and Realignment Act of 1990 (part A of title XXIX of
            Public Law 101-510; 10 U.S.C. 2687 note) is amended--
                        (A) in subparagraph (A)--
                              (i) by striking ``committees of the amount''
                          and inserting ``committees of--
                ``(i) the amount'';
                              (ii) by striking ``such fiscal year and of the
                          amount'' and inserting ``such fiscal year;
                ``(ii) the amount''; and
                              (iii) by striking ``such fiscal year.'' and
                          inserting ``such fiscal year;
                ``(iii) the amount and nature of anticipated deposits to be
            made into, and the anticipated expenditures to be made from, the
            Account during the first fiscal year commencing after the
            submission of the report; and

    [[Page 119 STAT. 3519]]

                ``(iv) the amount and nature of anticipated expenditures to
            be made pursuant to section 2905(a) during the first fiscal year
            commencing after the submission of the report.''; and
                        (B) in subparagraph (B)--
                              (i) in clause (i), by inserting ``and
                          installation'' after ``subaccount''; and
                              (ii) by adding at the end the following new
                          clause:
                ``(v) An estimate of the net revenues to be received from
            property disposals to be completed during the first fiscal year
            commencing after the submission of the report at military
            installations the date of approval of closure or realignment of
            which is before January 1, 2005.''.
                (2) 2005 account.--Section 2906A(c)(1) of <<NOTE: 10 USC
            2687 note.>> 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 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 <<NOTE: 10 USC 2687 note.>> 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

    [[Page 119 STAT. 3520]]

                        ``(C) a redevelopment plan has been agreed to by the
                    redevelopment authority for the installation;
                ``(4) a description of redevelopment plans for military
            installations approved for closure or realignment under this
            part, the quantity of property remaining to be disposed of at
            each installation as part of its closure or realignment, and the
            quantity of property already disposed of at each installation;
                ``(5) a list of the Federal agencies that have requested
            property during the screening process for each military
            installation approved for closure or realignment under this
            part, including the date of transfer or anticipated transfer of
            the property to such agencies, the acreage involved in such
            transfers, and an explanation for any delays in such transfers;
                ``(6) a list of known environmental remediation issues at
            each military installation approved for closure or realignment
            under this part, including the acreage affected by these issues,
            an estimate of the cost to complete such environmental
            remediation, and the plans (and timelines) to address such
            environmental remediation; and
                ``(7) an estimate of the date for the completion of all
            closure or realignment actions at each military installation
            approved for closure or realignment under this part.''.

    SEC. 2832. EXPANDED AVAILABILITY OF ADJUSTMENT AND DIVERSIFICATION
                ASSISTANCE FOR COMMUNITIES ADVERSELY AFFECTED BY MISSION
                REALIGNMENTS IN BASE CLOSURE PROCESS.

        (a) Eligibility Requirements.--Subsection (b)(3) of section 2391 of
    title 10, United States Code, is amended--
                (1) by striking ``significantly reduced operations of a
            defense facility'' and inserting ``realignment of a military
            installation'';
                (2) by striking ``cancellation,'' and inserting ``closure or
            realignment, cancellation or''; and
                (3) by striking ``community'' and all that follows through
            the period at the end and inserting ``community or its
            residents.''.

        (b) Military Installation and Realignment Defined.--Paragraph (1) of
    subsection (d) of such section is amended to read as follows:
                ``(1) The terms `military installation' and `realignment'
            have the meanings given those terms in section 2687(e) of this
            title.''.

    SEC. 2833. TREATMENT OF INDIAN TRIBAL GOVERNMENTS AS PUBLIC ENTITIES FOR
                PURPOSES OF DISPOSAL OF REAL PROPERTY RECOMMENDED FOR
                CLOSURE IN JULY 1993 BRAC COMMISSION REPORT.

        Section 8013 of the Department of Defense Appropriations Act, 1994
    (Public Law 103-139; 107 Stat. 1440), is amended by striking ``the
    report to the President from the Defense Base Closure and Realignment
    Commission, July 1991'' and inserting ``the reports to the President
    from the Defense Base Closure and Realignment Commission, July 1991 and
    July 1993''.

    SEC. 2834. TERMINATION OF PROJECT AUTHORIZATIONS FOR MILITARY
                INSTALLATIONS APPROVED FOR CLOSURE IN 2005 ROUND OF BASE
                REALIGNMENTS AND CLOSURES.

        (a) Project Termination.--An authorization for a military
    construction project, land acquisition, or family housing project

    [[Page 119 STAT. 3521]]

    contained in title XXI, XXII, XXIII, or XXIV of this Act or in an Act
    authorizing funds for a prior fiscal year for military construction
    projects, land acquisition, and family housing projects (and
    authorizations of appropriations therefor) shall terminate and no longer
    constitute authority under section 2676, 2802, 2821, or 2822 of title
    10, United States Code, to carry out the military construction project,
    land acquisition, or family housing project if the project is located at
    a military installation that is approved for closure or adverse
    realignment or established as an enclave in 2005 under the Defense Base
    Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
    101-510; 10 U.S.C. 2687 note).
        (b) Exceptions.--Subsection (a) shall not apply to an authorization
    for a military construction project, land acquisition, or family housing
    project (and authorizations of appropriations therefor) if the Secretary
    of Defense determines that--
                (1) the cost to the United States to carry out the project
            would be less than the cost to the United States of canceling
            the project;
                (2) the project remains necessary to support functions at a
            military installation either before, during, or after the
            closure or realignment of the installation or the establishment
            of the installation as an enclave;
                (3) in the case of an installation established as an enclave
            to which future missions may be designated, the project is
            necessary to support enclave functions or future missions after
            their designation; or
                (4) the project is vital to the national security or to the
            protection of health, safety, or the quality of the environment.

        (c) Notice and Wait Requirement.--When a <<NOTE: Reports.>> decision
    is made to carry out a military construction project, land acquisition,
    or family housing project under subsection (b), the Secretary of Defense
    shall submit to the congressional defense committees a report explaining
    the decision, including the justification for the project and the
    current estimate of the cost of the project. The project may then be
    carried out only after the end of the 21-day period beginning on the
    date the report is received by such committees or, if earlier, the end
    of the 14-day period beginning on the date on which a copy of the report
    is provided in an electronic medium pursuant to section 480 of title 10,
    United States Code. In the case of a project described in subsection
    (b)(4), advance notification is not required, but the Secretary shall
    notify such committees within seven days after first obligating funds
    for the project.

    SEC. 2835. <<NOTE: 10 USC 2687 note.>> REQUIRED CONSULTATION WITH STATE
                AND LOCAL ENTITIES ON ISSUES RELATED TO INCREASE IN NUMBER
                OF MILITARY PERSONNEL AT MILITARY INSTALLATIONS.

        If the base closure and realignment decisions of the 2005 round of
    base closures and realignments under the Defense Base Closure and
    Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
    U.S.C. 2687 note) or the Integrated Global Presence and Basing Strategy
    would result in an increase in the number of members of the Armed Forces
    assigned to a military installation, the Secretary of Defense, during
    the development of the plans to implement the decisions or strategy with
    respect to that installation, shall consult with appropriate State and
    local entities to ensure that matters affecting the local community,
    including

    [[Page 119 STAT. 3522]]

    requirements for transportation, utility infrastructure, housing,
    education, and family support activities, are considered.

    SEC. 2836. SENSE OF CONGRESS REGARDING INFRASTRUCTURE AND INSTALLATION
                REQUIREMENTS FOR TRANSFER OF UNITS AND PERSONNEL FROM CLOSED
                AND REALIGNED MILITARY INSTALLATIONS TO RECEIVING LOCATIONS.

        (a) Findings.--Congress finds the following:
                (1) The decisions of the 2005 round of base closures and
            realignments and the Integrated Global Presence and Basing
            Strategy will result in the permanent change of station and
            relocation of hundreds of thousands of members of the Armed
            Forces and their families over the next six years.
                (2) Critical quality-of-life concerns for military families
            related to the infrastructure and installation requirements to
            support the restructuring of the Armed Forces include adequate
            housing and continued access to quality education facilities and
            child care, health care, and other services.
                (3) By ensuring that facilities and infrastructure are
            maintained at closing installations pending the actual change of
            station and relocation of members of the Armed Forces and their
            families and that adequate permanent facilities and
            infrastructure await them at the receiving installations,
            disruptions to unit operational effectiveness will be minimized
            and the quality of life of military families will be protected.

        (b) Sense of Congress.--It is the sense of Congress that the
    Secretary of Defense should seek to ensure that the permanent facilities
    and infrastructure necessary to support the mission of the Armed Forces
    and the quality-of-life needs of members of the Armed Forces and their
    families are ready for use at receiving locations before units are
    transferred to such locations as a result of the 2005 round of base
    closures and realignments and the Integrated Global Presence and Basing
    Strategy.

    SEC. 2837. DEFENSE ACCESS ROAD PROGRAM AND MILITARY INSTALLATIONS
                AFFECTED BY DEFENSE BASE CLOSURE PROCESS OR INTEGRATED
                GLOBAL PRESENCE AND BASING STRATEGY.

        (a) Sense of Congress.--It is the sense of Congress that roads
    leading onto a military installation that is significantly impacted by
    an increase in the number of members of the Armed Forces assigned to the
    installation as a result of the 2005 round of defense base closure and
    realignment under the Defense Base Closure and Realignment Act of 1990
    (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) or the
    Integrated Global Presence and Basing Strategy should be considered for
    designation as defense access roads for purposes of section 210 of title
    23, United States Code.
        (b) Study of Surface Transportation Infrastructure of Affected
    Installations.--The Secretary of Defense shall conduct a study--
                (1) to identify each military installation, if any, that
            will be significantly impacted by an increase in the number of
            members of the Armed Forces assigned to the installation as a
            result of the 2005 round of defense base closure and realignment
            under the Defense Base Closure and Realignment Act of 1990 or
            the Integrated Global Presence and Basing Strategy; and

    [[Page 119 STAT. 3523]]

                (2) to determine whether the existing surface transportation
            infrastructure at each installation identified under paragraph
            (1) is adequate to support the increased vehicular traffic
            associated with the increase in the number of defense personnel
            described in that paragraph.

        (c) Report.--Not later than April 15, 2007, the Secretary shall
    submit to the congressional defense committees a report containing the
    results of the study conducted under subsection (b).

    SEC. 2838. SENSE OF CONGRESS ON REVERSIONARY INTERESTS INVOLVING REAL
                PROPERTY AT NAVY HOMEPORTS.

        It is the sense of Congress that, in implementing the decisions made
    with respect to Navy homeports as part of the 2005 round of defense base
    closures and realignments, the Secretary of the Navy should, when
    consistent with Federal policy supporting cost-free conveyances of
    Federal surplus property suitable for use to provide a public benefit,
    release or otherwise relinquish any entitlement to receive, pursuant to
    any agreement providing for such payment, compensation from any holder
    of a reversionary interest in real property used by the United States
    for improvements made to the property.

                          Subtitle D--Land Conveyances

                            PART 1--ARMY CONVEYANCES

    SEC. 2841. LAND CONVEYANCE, CAMP NAVAJO, ARIZONA.

        (a) Conveyance Authorized.--The Secretary of the Army may convey,
    without consideration, to the Department of Veterans' Services of the
    State of Arizona (in this section referred to as the ``Department'') all
    right, title, and interest of the United States in and to a parcel of
    real property, including any improvements thereon, consisting of
    approximately 80 acres at Camp Navajo, Arizona, for the purpose of
    permitting the Department to establish a State-run cemetery for
    veterans.
        (b) Reversionary Interest.--If the Secretary determines at any time
    that the real property conveyed under subsection (a) is not being used
    in accordance with the purpose of the conveyance specified in such
    subsection, all right, title, and interest in and to the property shall
    revert, at the option of the Secretary, to the United States, and the
    United States shall have the right of immediate entry onto the
    property. <<NOTE: Records.>> Any determination of the Secretary under
    this subsection shall be made on the record after an opportunity for a
    hearing.

        (c) Payment of Costs of Conveyance.--
                (1) Payment required.--The Secretary shall require the
            Department to cover costs to be incurred by the Secretary, or to
            reimburse the Secretary for costs incurred by the Secretary, to
            carry out the conveyance under subsection (a), including survey
            costs, costs related to environmental documentation, and other
            administrative costs related to the conveyance. If amounts are
            collected from the Department in advance of the Secretary
            incurring the actual costs, and the amount collected exceeds the
            costs actually incurred by the Secretary to carry out the
            conveyance, the Secretary shall refund the excess amount to the
            Department.

    [[Page 119 STAT. 3524]]

                (2) Treatment of amounts received.--Amounts received as
            reimbursement under paragraph (1) shall be credited to the fund
            or account that was used to cover the costs incurred by the
            Secretary in carrying out the conveyance. Amounts so credited
            shall be merged with amounts in such fund or account and shall
            be available for the same purposes, and subject to the same
            conditions and limitations, as amounts in such fund or account.

        (d) Description of Real Property.--The <<NOTE: Survey.>> exact
    acreage and legal description of the real property to be conveyed under
    subsection (a) shall be determined by a survey satisfactory to the
    Secretary.

        (e) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyance under
    subsection (a) as the Secretary considers appropriate to protect the
    interests of the United States.

    SEC. 2842. LAND CONVEYANCE, IOWA ARMY AMMUNITION PLANT, MIDDLETOWN,
                IOWA.

        (a) Conveyance Authorized.--The Secretary of the Army may convey to
    the City of Middletown, Iowa (in this section referred to as the
    ``City''), all right, title, and interest of the United States in and to
    a parcel of real property, including any improvements thereon,
    consisting of approximately 1.0 acres located at the Iowa Army
    Ammunition Plant, Middletown, Iowa, for the purpose of economic
    development.
        (b) Consideration.--As consideration for the conveyance of property
    under subsection (a), the City shall provide the United States, whether
    by cash payment, in-kind consideration, or a combination thereof, an
    amount that is not less than the fair market value of the conveyed
    property, as determined by the Secretary.
        (c) Payment of Costs of Conveyance.--
                (1) Authority to require payment.--The Secretary may require
            the City to cover costs to be incurred by the Secretary, or to
            reimburse the Secretary for costs incurred by the Secretary, to
            carry out the conveyance under subsection (a), including survey
            costs, costs related to environmental documentation, and other
            administrative costs related to the conveyance. If amounts are
            collected from the City in advance of the Secretary incurring
            the actual costs, and the amount collected exceeds the costs
            actually incurred by the Secretary to carry out the conveyance,
            the Secretary shall refund the excess amount to the City.
                (2) Treatment of amounts received.--Amounts received as
            reimbursement under paragraph (1) shall be credited to the fund
            or account that was used to cover the costs incurred by the
            Secretary in carrying out the conveyance. Amounts so credited
            shall be merged with amounts in such fund or account, and shall
            be available for the same purposes, and subject to the same
            conditions and limitations, as amounts in such fund or account.

        (d) Description of Property.--The <<NOTE: Survey.>> exact acreage
    and legal description of the real property to be conveyed under
    subsection (a) shall be determined by a survey satisfactory to the
    Secretary.

        (e) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with

    [[Page 119 STAT. 3525]]

    the conveyance under subsection (a) as the Secretary considers
    appropriate to protect the interests of the United States.

    SEC. 2843. LAND CONVEYANCE, HELENA, MONTANA.

        (a) Conveyance Authorized.--The Secretary of the Army may convey to
    the Helena Indian Alliance all right, title, and interest of the United
    States in and to a parcel of real property, including improvements
    thereon, consisting of approximately 3.0 acres located at Sheridan Hall
    United States Army Reserve Center, 501 Euclid Avenue, Helena, Montana,
    for the purposes of supporting Native American health care, mental
    health counseling, and the operation of an education training center.
        (b) Reversionary Interest.--If the Secretary determines at any time
    that the real property conveyed under subsection (a) is not being used
    in accordance with the purposes of the conveyance specified in such
    subsection, all right, title, and interest in and to the property shall
    revert, at the option of the Secretary, to the United States, and the
    United States shall have the right of immediate entry onto the
    property. <<NOTE: Records.>> Any determination of the Secretary under
    this subsection shall be made on the record after an opportunity for a
    hearing.

        (c) Payment of Costs of Conveyance.--
                (1) Payment required.--The Secretary shall require the
            Helena Indian Alliance to cover costs to be incurred by the
            Secretary, or to reimburse the Secretary for costs incurred by
            the Secretary, to carry out the conveyance under subsection (a),
            including survey costs, costs related to environmental
            documentation, and other administrative costs related to the
            conveyance. If amounts are collected from the Helena Indian
            Alliance in advance of the Secretary incurring the actual costs,
            and the amount collected exceeds the costs actually incurred by
            the Secretary to carry out the conveyance, the Secretary shall
            refund the excess amount to the Alliance.
                (2) Treatment of amounts received.--Amounts received as
            reimbursement under paragraph (1) shall be credited to the fund
            or account that was used to cover the costs incurred by the
            Secretary in carrying out the conveyance. Amounts so credited
            shall be merged with amounts in such fund or account and shall
            be available for the same purposes, and subject to the same
            conditions and limitations, as amounts in such fund or account.

        (d) Description of Real Property.--The <<NOTE: Survey.>> exact
    acreage and legal description of the real property to be conveyed under
    subsection (a) shall be determined by a survey satisfactory to the
    Secretary.

        (e) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyance under
    subsection (a) as the Secretary considers appropriate to protect the
    interests of the United States.

    SEC. 2844. LEASE AUTHORITY, ARMY HERITAGE AND EDUCATION CENTER,
                CARLISLE, PENNSYLVANIA.

        Section 2866 of the Military Construction Authorization Act for
    Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1333) is
    amended--
                (1) by redesignating subsection (e) as subsection (f); and
                (2) by inserting after subsection (d) the following new
            subsection (e):

    [[Page 119 STAT. 3526]]

        ``(e) Lease of Facility.--(1) Under such terms and conditions as the
    Secretary considers appropriate, the Secretary may lease portions of the
    facility to the Military Heritage Foundation to be used by the
    Foundation, consistent with the agreement referred to in subsection (a),
    for--
                ``(A) generating revenue for activities of the facility
            through rental use by the public, commercial and nonprofit
            entities, State and local governments, and other Federal
            agencies; and
                ``(B) such administrative purposes as may be necessary for
            the support of the facility.

        ``(2) The annual amount of consideration paid to the Secretary by
    the Military Heritage Foundation for a lease under paragraph (1) may not
    exceed an amount equal to the actual cost, as determined by the
    Secretary, of the annual operations and maintenance of the facility.
        ``(3) Amounts paid under paragraph (2) may be used by the Secretary,
    in such amounts as provided in advance in appropriation Acts, to cover
    the costs of operation of the facility.''.

    SEC. 2845. LAND EXCHANGE, FORT HOOD, TEXAS.

        (a) Conveyance Authorized.--The Secretary of the Army may convey to
    Central Texas College (in this section referred to as the ``College'')
    all right, title, and interest of the United States in and to a parcel
    of real property, including any improvements thereon, consisting of
    approximately 40 acres at Fort Hood, Texas.
        (b) Consideration.--As consideration for the conveyance under
    subsection (a), the College shall convey to the Secretary all right,
    title, and interest of the College in and to one or more parcels of real
    property acceptable to the Secretary and consisting of a total of
    approximately 158 acres. The fair market value of the real property
    received by the Secretary under this subsection shall be at least equal
    to the fair market value of the real property conveyed under subsection
    (a), as determined by the Secretary.
        (c) Payment of Costs of Conveyance.--
                (1) Payment required.--The Secretary shall require the
            College to cover costs to be incurred by the Secretary, or to
            reimburse the Secretary for costs incurred by the Secretary, to
            carry out the land exchange under this section, including survey
            costs, costs related to environmental documentation, and other
            administrative costs related to the exchange. If amounts are
            collected from the College in advance of the Secretary incurring
            the actual costs, and the amount collected exceeds the costs
            actually incurred by the Secretary to carry out the conveyance,
            the Secretary shall refund the excess amount to the College.
                (2) Treatment of amounts received.--Amounts received as
            reimbursement under paragraph (1) shall be credited to the fund
            or account that was used to cover the costs incurred by the
            Secretary in carrying out the land exchange. Amounts so credited
            shall be merged with amounts in such fund or account, and shall
            be available for the same purposes, and subject to the same
            conditions and limitations, as amounts in such fund or account.

        (d) Description of Property.--The <<NOTE: Surveys.>> exact acreage
    and legal description of the real property to be exchanged under this
    section shall be determined by surveys satisfactory to the Secretary.

    [[Page 119 STAT. 3527]]

        (e) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the land exchange
    under this section as the Secretary considers appropriate to protect the
    interests of the United States.

    SEC. 2846. MODIFICATION OF LAND CONVEYANCE, ENGINEER PROVING GROUND,
                FORT BELVOIR, VIRGINIA.

        (a) Consideration.--Subsection (b)(4) of section 2836 of the
    Military Construction Authorization Act for Fiscal Year 2002 (division B
    of Public Law 107-107; 115 Stat. 1314) is amended by striking ``,
    jointly determined'' and all that follows through ``Ground'' and
    inserting ``equal to $3,880,000''.
        (b) Replacement of Fire Station.--Subsection (d) of such section is
    amended--
                (1) in paragraph (1)--
                        (A) by striking ``Building 5089'' and inserting
                    ``Building 191''; and
                        (B) by striking ``paragraphs (2) and (3)'' and
                    inserting ``paragraph (2)'';
                (2) in paragraph (2), by striking ``Building 5089'' and
            inserting ``Building 191''; and
                (3) by striking paragraph (3).

    SEC. 2847. LAND CONVEYANCE, FORT BELVOIR, VIRGINIA.

        (a) Conveyance Authorized.--The Secretary of the Army may convey to
    the Commonwealth of Virginia (in this section referred to as the
    ``Commonwealth'') all right, title, and interest of the United States in
    and to up to three parcels of real property at Fort Belvoir, Virginia,
    consisting of approximately 2.5 acres and located on the alignment of
    State Route 618 (also known as the Woodlawn Road) and both the east and
    west sides of the intersection of State Route 618 and U.S. Highway No. 1
    (in this section referred to as the ``Woodlawn Road parcels''), for the
    purpose of allowing the Commonwealth, the National Trust for Historic
    Preservation (in this section referred to as the ``Trust''), and Fairfax
    County, Virginia, to enter into an agreement regarding the conveyance
    from the Trust of a parcel of real property located on the west side of
    Old Mill Road, consisting of approximately two acres and extending
    between the intersection of Old Mill Road and Pole Road and the
    intersection of Mount Vernon Highway and U.S. Highway No. 1.
        (b) Consideration.--
                (1) In general.--As consideration for the conveyance of the
            Woodlawn Road parcels under subsection (a), the Secretary shall
            receive, whether by cash payment, in-kind consideration, or a
            combination thereof, an amount that is not less than the fair
            market value of the conveyed property, as determined by an
            appraisal of the property acceptable to the Secretary.
                (2) Disposition of funds.--Cash consideration received by
            the Secretary under paragraph (1) shall be deposited in the
            special account in the Treasury established under subsection (b)
            of section 572 of title 40, United States Code, and shall be
            available in accordance with paragraph (5)(B)(i) of such
            subsection.

        (c) Payment of Costs of Conveyance.--
                (1) Authority to require payment.--The Secretary may require
            the Commonwealth to cover costs to be incurred by the Secretary,
            or to reimburse the Secretary for costs incurred

    [[Page 119 STAT. 3528]]

            by the Secretary, to carry out the conveyance of the Woodlawn
            Road parcels under subsection (a), including survey costs, costs
            related to environmental documentation, and other administrative
            costs related to the conveyance. If amounts are collected from
            the Commonwealth in advance of the Secretary incurring the
            actual costs, and the amount collected exceeds the costs
            actually incurred by the Secretary to carry out the conveyance,
            the Secretary shall refund the excess amount to the
            Commonwealth.
                (2) Treatment of amounts received.--Amounts received as
            reimbursement under paragraph (1) shall be credited to the fund
            or account that was used to cover the costs incurred by the
            Secretary in carrying out the conveyance. Amounts so credited
            shall be merged with amounts in such fund or account and shall
            be available for the same purposes, and subject to the same
            conditions and limitations, as amounts in such fund or account.

        (d) Description of Property.--The <<NOTE: Survey.>> exact acreage
    and legal description of the Woodlawn Road parcels shall be determined
    by surveys satisfactory to the Secretary.

        (e) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyances under
    subsection (a) as the Secretary considers appropriate to protect the
    interests of the United States.

    SEC. 2848. LAND CONVEYANCE, ARMY RESERVE CENTER, BOTHELL, WASHINGTON.

        (a) Conveyance Authorized.--The Secretary of the Army may convey to
    the Snohomish County Fire Protection District #10 (in this section
    referred to as the ``Fire District'') all right, title, and interest of
    the United States in and to a parcel of real property, including any
    improvements thereon, consisting of approximately one acre at the Army
    Reserve Center in Bothell, Washington, and currently occupied, in part,
    by the Queensborough Firehouse, for the purpose of supporting the
    provision of fire and emergency medical aid services.
        (b) In-Kind Consideration.--As consideration for the conveyance
    under subsection (a), the Fire District shall provide in-kind
    consideration acceptable to the Secretary.
        (c) Reversionary Interest.--If the Secretary determines at any time
    that the real property conveyed under subsection (a) is not being used
    in accordance with the purpose of the conveyance specified in such
    subsection, all right, title, and interest in and to all or any portion
    of the property shall revert, at the option of the Secretary, to the
    United States, and the United States shall have the right of immediate
    entry onto the <<NOTE: Records.>> 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

    [[Page 119 STAT. 3529]]

            collected exceeds the costs actually incurred by the Secretary
            to carry out the conveyance, the Secretary shall refund the
            excess amount to the Fire District.
                (2) Treatment of amounts received.--Amounts received as
            reimbursement under paragraph (1) shall be credited to the fund
            or account that was used to cover the costs incurred by the
            Secretary in carrying out the conveyance. Amounts so credited
            shall be merged with amounts in such fund or account, and shall
            be available for the same purposes, and subject to the same
            conditions and limitations, as amounts in such fund or account.

        (e) Description of Property.--The <<NOTE: Survey.>> exact acreage
    and legal description of the real property to be conveyed under
    subsection (a) shall be determined by a survey satisfactory to the
    Secretary.

        (f) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyance under
    subsection (a) as the Secretary considers appropriate to protect the
    interests of the United States.

                            PART 2--NAVY CONVEYANCES

    SEC. 2851. LAND CONVEYANCE, MARINE CORPS AIR STATION, MIRAMAR, SAN
                DIEGO, CALIFORNIA.

        (a) Conveyance Authorized.--Subject to subsection (c), the Secretary
    of the Navy may convey to the County of San Diego, California (in this
    section referred to as the ``County''), all right, title, and interest
    of the United States in and to a parcel of real property, including any
    improvements thereon and appurtenant easements thereto, consisting of
    approximately 230 acres along the eastern boundary of Marine Corps Air
    Station, Miramar, California, for the purpose of removing the property
    from the boundaries of the installation and permitting the County to
    preserve the entire property as a public passive park/recreational area
    known as the Stowe Trail.
        (b) Consideration.--
                (1) In general.--As consideration for the conveyance under
            subsection (a), the County shall provide the United States
            consideration, whether by cash payment, in-kind consideration,
            or a combination thereof, in an amount that is not less than the
            fair market value of the conveyed real property, as determined
            by the Secretary.
                (2) In-kind consideration.--The in-kind consideration
            provided by the County under paragraph (1) shall include the
            acquisition, construction, provision, improvement, maintenance,
            repair, or restoration (including environmental restoration), or
            combination thereof, of any facilities or infrastructure
            relating to the security of Marine Corps Air Station, Miramar,
            that the Secretary considers acceptable as consideration under
            that paragraph.
                (3) Relation to other laws.--Sections 2662 and 2802 of title
            10, United States Code, shall not apply to any new facilities or
            infrastructure received by the United States as in-kind
            consideration under paragraph (2).
                (4) Notice to congress.--The Secretary shall provide written
            notification to the congressional defense committees of the
            types and value of consideration provided the United States
            under paragraph (1).

    [[Page 119 STAT. 3530]]

                (5) Treatment of cash consideration received.--Any cash
            payment received by the United States under paragraph (1) shall
            be deposited in the special account in the Treasury established
            under subsection (b) of section 572 of title 40, United States
            Code, and shall be available in accordance with paragraph
            (5)(B)(ii) of such subsection.

        (c) Reversionary Interest.--If the Secretary determines at any time
    that the County is not using the property conveyed under subsection (a)
    in accordance with the purpose of the conveyance specified in such
    subsection, all right, title, and interest in and to the property,
    including any improvements thereon, shall revert, at the option of the
    Secretary, to the United States, and the United States shall have the
    right of immediate entry onto the property. Any determination of the
    Secretary under this subsection shall be made on the record after an
    opportunity for a hearing.
        (d) Release of Reversionary Interest.--The Secretary shall release,
    without consideration, the reversionary interest retained by the United
    States under subsection (c) if--
                (1) Marine Corps Air Station, Miramar, is no longer being
            used for Department of Defense activities; or
                (2) the Secretary determines that the reversionary interest
            is otherwise unnecessary to protect the interests of the United
            States.

        (e) Payment of Costs of Conveyance.--
                (1) Payment required.--The Secretary shall require the
            County to cover costs to be incurred by the Secretary, or to
            reimburse the Secretary for costs incurred by the Secretary, to
            carry out the conveyance under subsection (a) and implement the
            receipt of in-kind consideration under subsection (b), including
            appraisal costs, survey costs, costs related to environmental
            documentation, and other administrative costs related to the
            conveyance and receipt of in-kind consideration.
                (2) Treatment of amounts received.--Section 2695(c) of title
            10, United States Code, shall apply to any amounts received by
            the Secretary under paragraph (1). If amounts are received from
            the County in advance of the Secretary incurring the actual
            costs, and the amount received exceeds the costs actually
            incurred by the Secretary under this section, the Secretary
            shall refund the excess amount to the County.

        (f) Description of Property.--The exact acreage and legal
    description of the real property to be conveyed by the Secretary under
    subsection (a) shall be determined by a survey satisfactory to the
    Secretary.
        (g) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyance under
    this section as the Secretary considers appropriate to protect the
    interests of the United States.

    SEC. 2852. LEASE OR LICENSE OF UNITED STATES NAVY MUSEUM FACILITIES AT
                WASHINGTON NAVY YARD, DISTRICT OF COLUMBIA.

        (a) Leases and Licenses Authorized.--The Secretary of the Navy may
    lease or license to the Naval Historical Foundation any portion of the
    facilities located at the Washington Naval Yard, District of Columbia,
    that house the United States Navy Museum for the purpose of permitting
    the Foundation to carry out the following activities:

    [[Page 119 STAT. 3531]]

                (1) Generation of revenue for the United States Navy Museum
            through the rental of facilities to the public, commercial and
            non-profit entities, State and local governments, and other
            Federal agencies.
                (2) Performance of administrative activities in support of
            the United States Navy Museum.

        (b) Limitation.--Activities carried out at a facility subject to a
    lease or license under subsection (a) must be consistent with the
    operations of the United States Navy Museum.
        (c) Consideration.--The amount of consideration paid in a year by
    the Naval Historical Foundation to the United States for the lease or
    license of facilities under subsection (a) may not exceed the actual
    cost, as determined by the Secretary, of the annual operation and
    maintenance of the facilities.
        (d) Deposit and Use of Proceeds.--Consideration paid under
    subsection (c) shall be deposited into the appropriations account
    available for the operation and maintenance of the United States Navy
    Museum. The Secretary may use the amounts so deposited to cover costs
    associated with the operation and maintenance of the Museum and its
    exhibits.
        (e) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with a lease or license
    under subsection (a) as the Secretary considers appropriate to protect
    the interests of the United States.

                          PART 3--AIR FORCE CONVEYANCES

    SEC. 2861. PURCHASE OF BUILD-TO-LEASE FAMILY HOUSING, EIELSON AIR FORCE
                BASE, ALASKA.

        (a) Conditional Authority to Purchase.--After the expiration of the
    contract for the lease of the military family housing project at Eielson
    Air Force Base, Alaska, that was constructed under the authority of
    former subsection (g) of section 2828 of title 10, United States Code
    (now section 2835 of such title), as added by section 801 of the
    Military Construction Authorization Act, 1984 (Public Law 98-115; 97
    Stat. 782), the Secretary of the Air Force may purchase the entire
    interest of the lessor in the project if the Secretary determines that
    the purchase of the project is in the best economic interests of the Air
    Force.
        (b) Consideration.--The consideration paid by the Secretary to
    purchase the interest of the lessor under subsection (a) may not exceed
    the fair market value of the military family housing project, as
    determined by the Secretary.
        (c) Congressional Notification.--If a <<NOTE: Reports.>> decision is
    made to purchase the interest of the lessor in the military family
    housing project under subsection (a), the Secretary shall submit a
    report to the congressional defense committees containing--
                (1) notice of the decision;
                (2) the economic analyses used by the Secretary to determine
            that purchase of the project is in the best economic interests
            of the Air Force, as required by subsection (a); and
                (3) a schedule for, and an estimate of the costs and nature
            of, any renovations or repairs that will be necessary to ensure
            that all units in the project meet current adequate housing
            standards.

    [[Page 119 STAT. 3532]]

        (d) Purchase Delay.--A contract to effectuate the purchase of the
    military family housing project under subsection (a) may be entered into
    by the Secretary only after--
                (1) the contract for the lease of the project expires; and
                (2) the report required by subsection (c) is submitted and a
            30-day period beginning on the date the report is received by
            the congressional defense committees expires or, if earlier, a
            21-day period beginning on the date on which a copy of the
            report is provided in an electronic medium pursuant to section
            480 of title 10, United States Code, expires.

    SEC. 2862. LAND CONVEYANCE, AIR FORCE PROPERTY, JACKSONVILLE, ARKANSAS.

        (a) Conveyance Authorized.--The Secretary of the Air Force may
    convey to the City of Jacksonville, Arkansas (in this section referred
    to as the ``City''), all right, title, and interest of the United States
    in and to real property consisting of approximately 45.024 acres around
    an existing short line railroad in Pulaski County, Arkansas, for the
    purpose of permitting the City to facilitate railroad access to an
    industrial park to further community economic development.
        (b) Consideration.--As consideration for the conveyance under
    subsection (a), the City shall pay to the United States an amount equal
    to the fair market value of the conveyed real property, as established
    by the assessment of the property conducted under contract for the Corps
    of Engineers and dated September 15, 2003.
        (c) Conditions of Conveyance.--The conveyance under subsection (a)
    shall be subject to the lease agreement dated October 29, 1982, as
    amended, between the Secretary and the Missouri Pacific Railroad Company
    (and its successors and assigns) and any other easement, lease,
    condition, or restriction of record, including streets, roads, highways,
    railroads, pipelines, and public utilities, insofar as the easement,
    lease, condition, or restriction is in existence on the date of the
    enactment of this Act and lawfully affects the conveyed property.
        (d) Payment of Costs of Conveyance.--
                (1) Payment required.--The Secretary shall require the City
            to cover costs to be incurred by the Secretary, or to reimburse
            the Secretary for costs incurred by the Secretary, to carry out
            the conveyance under subsection (a), including survey costs,
            costs related to environmental documentation, and other
            administrative costs related to the conveyance. If amounts are
            collected from the City in advance of the Secretary incurring
            the actual costs, and the amount collected exceeds the costs
            actually incurred by the Secretary to carry out the conveyance,
            the Secretary shall refund the excess amount to the City.
                (2) Treatment of amounts received.--Amounts received as
            reimbursement under paragraph (1) shall be credited to the fund
            or account that was used to cover the costs incurred by the
            Secretary in carrying out the conveyance. Amounts so credited
            shall be merged with amounts in such fund or account, and shall
            be available for the same purposes, and subject to the same
            conditions and limitations, as amounts in such fund or account.

    [[Page 119 STAT. 3533]]

        (e) Description of Property.--The <<NOTE: Survey.>> exact acreage
    and legal description of the real property to be conveyed under
    subsection (a) shall be determined by a survey satisfactory to the
    Secretary.

        (f) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyance under
    subsection (a) as the Secretary considers appropriate to protect the
    interests of the United States.

    SEC. 2863. LAND CONVEYANCE, AIR FORCE PROPERTY, LA JUNTA, COLORADO.

        (a) Conveyance Authorized.--The Secretary of the Air Force may
    convey, without consideration, to the City of La Junta, Colorado (in
    this section referred to as the ``City''), all right, title, and
    interest of the United States in and to a parcel of real property,
    including improvements thereon, consisting of approximately 8 acres
    located at the USA Bomb Plot in the La Junta Industrial Park for the
    purpose of training local law enforcement officers.
        (b) Payment of Costs of Conveyance.--
                (1) Payment required.--The Secretary shall require the City
            to cover costs to be incurred by the Secretary after the date of
            enactment of the Act, or to reimburse the Secretary for costs
            incurred by the Secretary after that date, to carry out the
            conveyance under subsection (a), including any survey costs,
            costs related to environmental assessments, studies, analyses,
            or other documentation, and other administrative costs related
            to the conveyance. If amounts are collected from the City in
            advance of the Secretary incurring the actual costs, and the
            amount collected exceeds the costs actually incurred by the
            Secretary to carry out the conveyance, the Secretary shall
            refund the excess amount to the City.
                (2) Treatment of amounts received.--Amounts received as
            reimbursement under paragraph (1) shall be credited to the fund
            or account that was used to cover the costs incurred by the
            Secretary in carrying out the conveyance. Amounts so credited
            shall be merged with amounts in such fund or account, and shall
            be available for the same purposes, and subject to the same
            conditions and limitations, as amounts in such fund or account.

        (c) Description of Property.--The <<NOTE: Survey.>> exact acreage
    and legal description of the property to be conveyed under subsection
    (a) shall be determined by a survey satisfactory to the Secretary.

        (d) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the conveyance under
    subsection (a) as the Secretary considers appropriate to protect the
    interests of the United States.

    SEC. 2864. LEASE, NATIONAL IMAGERY AND MAPPING AGENCY SITE, ST. LOUIS,
                MISSOURI.

        (a) Lease Required.--Not <<NOTE: Deadline.>> later than February 28,
    2006, the Secretary of the Air Force shall lease to the St. Louis County
    Port Authority of St. Louis County, Missouri (in this section referred
    to as the ``Port District''), a parcel of real property, including
    improvements thereon, consisting of approximately 39 acres and known as
    the National Imagery and Mapping Agency site at 8900 South Broadway, St.
    Louis, Missouri, for the purpose of permitting the Port District to use
    the parcel for economic development purposes. The Secretary shall carry
    out this section in consultation with the Administrator of the General
    Services Administration.

    [[Page 119 STAT. 3534]]

        (b) Rental Price.--The real property to be leased under subsection
    (a) shall be leased at a rate equal to not less than the fair market
    value of the property.
        (c) Description of Property.--The <<NOTE: Survey.>> exact acreage
    and legal description of the real property to be leased under subsection
    (a) shall be determined by a survey satisfactory to the Secretary of the
    Air Force and the Port District.

        (d) Additional Terms and Conditions.--The Secretary may require such
    additional terms and conditions in connection with the lease under
    subsection (a) as the Secretary considers appropriate to protect the
    interests of the United States.

                            Subtitle E--Other Matters

    SEC. 2871. CLARIFICATION OF MORATORIUM ON CERTAIN IMPROVEMENTS AT FORT
                BUCHANAN, PUERTO RICO.

        (a) Clarification of and Exceptions to Moratorium.--Section 1507 of
    the Floyd D. Spence National Defense Authorization Act for Fiscal Year
    2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-355) is
    amended--
                (1) in subsection (a), by striking ``conversion,
            rehabilitation, extension, or improvement'' and inserting ``or
            extension''; and
                (2) in subsection (b)--
                        (A) in paragraph (1), by inserting ``, repair,
                    replace, or convert'' after ``maintain'';
                        (B) in paragraph (2), by striking ``authorized
                    before the date of the enactment of this Act''; and
                        (C) by adding at the end the following new
                    paragraphs:
                ``(3) The construction of facilities supporting Department
            of Defense education activities.
                ``(4) Any construction or extension required to support the
            installation of communications equipment.''.

        (b) Rule of Construction.--The amendments made by subsection (a) do
    not trigger the termination of the moratorium on certain improvements at
    Fort Buchanan, Puerto Rico, as provided by subsection (c) of such
    section.

    SEC. 2872. <<NOTE: Mississippi.>> TRANSFER OF EXCESS DEPARTMENT OF
                DEFENSE PROPERTY ON SANTA ROSA AND OKALOOSA ISLAND, FLORIDA,
                TO GULF ISLANDS NATIONAL SEASHORE.

        (a) Findings.--Congress <<NOTE: 16 USC 459h-6 note.>> finds the
    following:
                (1) Public Law 91-660 of the 91st Congress established the
            Gulf Islands National Seashore in the States of Florida and
            Mississippi.
                (2) The original boundaries of the Gulf Islands National
            Seashore encompassed certain Federal land used by the Air Force
            and the Navy, and the use of such land was still required by the
            Armed Forces when the seashore was established.
                (3) Senate Report 91-1514 of the 91th Congress addressed the
            relationship between these military lands and the Gulf Islands
            National Seashore as follows: ``While the military use of these
            lands is presently required, they remain virtually free of
            adverse development and they are included in the boundaries of
            the seashore so that they can be wholly or partially transferred
            to the Department of the Interior when they become excess to the
            needs of the Air Force.''.

    [[Page 119 STAT. 3535]]

                (4) Although section 2(a) of Public Law 91-660 (16 U.S.C.
            459h-1(a)) authorized the eventual transfer of Federal land
            within the boundaries of the Gulf Islands National Seashore from
            the Department of Defense to the Secretary of the Interior, an
            amendment mandating the transfer of excess Department of Defense
            land on Santa Rosa and Okaloosa Island, Florida, to the
            Secretary of the Interior is required to ensure that the
            purposes of the Gulf Islands National Seashore are fulfilled.

        (b) Transfer Required.--Section 7 of Public Law 91-660 (16 U.S.C.
    459h-6) is amended--
                (1) by inserting ``(a)'' before ``There are''; and
                (2) by adding at the end the following new subsection:

        ``(b) If any of the Federal land on Santa Rosa or Okaloosa Island,
    Florida, under the jurisdiction of the Department of Defense is ever
    excess to the needs of the Armed Forces, the Secretary of Defense shall
    transfer the excess land to the administrative jurisdiction of the
    Secretary of the Interior, subject to the terms and conditions
    acceptable to the Secretary of the Interior and the Secretary of
    Defense. The Secretary of the Interior shall administer the transferred
    land as part of the seashore in accordance with the provisions of this
    Act.''.

    SEC. 2873. AUTHORIZED MILITARY USES OF PAPAGO PARK MILITARY RESERVATION,
                PHOENIX, ARIZONA.

        The Act of April 7, 1930 (Chapter 107; 46 Stat. 142), <<NOTE: 16 USC
    431 note.>> is amended in the first designated paragraph, relating to
    the Papago Park Military Reservation, by striking ``as a rifle range''.

    SEC. 2874. ASSESSMENT OF WATER NEEDS FOR PRESIDIO OF MONTEREY AND ORD
                MILITARY COMMUNITY.

        Not later <<NOTE: Deadline.>> than April 7, 2006, the Secretary of
    Defense shall submit to Congress an interim assessment of the current
    and reasonable future needs of the Department of the Defense for water
    for the Presidio of Monterey and the Ord Military Community.

    SEC. 2875. REDESIGNATION OF MCENTIRE AIR NATIONAL GUARD STATION, SOUTH
                CAROLINA, AS MCENTIRE JOINT NATIONAL GUARD BASE.

        McEntire Air National Guard Station in Eastover, South Carolina,
    shall be known and designated as ``McEntire Joint National Guard Base''
    in recognition of the use of the installation to house both Air National
    Guard and Army National Guard assets. Any reference to McEntire Air
    National Guard Station in any law, regulation, map, document, record, or
    other paper of the United States shall be considered to be a reference
    to McEntire Joint National Guard Base.

    SEC. 2876. SENSE OF CONGRESS REGARDING COMMUNITY IMPACT ASSISTANCE
                RELATED TO CONSTRUCTION OF NAVY LANDING FIELD, NORTH
                CAROLINA.

         It is the sense of Congress that--
                (1) the planned construction of an outlying landing field in
            North Carolina is vital to the national security interests of
            the United States; and
                (2) the Department of Defense should work with other Federal
            agencies to provide community impact assistance to those
            communities directly impacted by the location of the outlying
            landing field, including, to the extent appropriate--

    [[Page 119 STAT. 3536]]

                        (A) economic development assistance;
                        (B) impact aid program assistance;
                        (C) the provision by cooperative agreement with the
                    Navy of fire, rescue, water, and sewer services;
                        (D) access by leasing arrangement to appropriate
                    land for farming for farmers impacted by the location of
                    the landing field;
                        (E) direct relocation assistance; and
                        (F) fair compensation to landowners for property
                    purchased by the Navy.

    SEC. 2877. <<NOTE: Australia.>> SENSE OF CONGRESS ON ESTABLISHMENT OF
                BAKERS CREEK MEMORIAL.

        (a) Findings.--Congress makes the following findings:
                (1) In 1943 and 1944, the United States Armed Forces
            operated a rest and relaxation facility in Mackay, Queensland,
            Australia, for troops serving in the Pacific Theater during
            World War II.
                (2) On June 14, 1943, a Boeing B-17C was transporting 6 crew
            members and 35 servicemen from Mackay to Port Moresby, New
            Guinea, to return the servicemen to duty after 10 days of rest
            and relaxation leave at an Army/Red Cross facility.
                (3) The aircraft crashed shortly after take-off at Bakers
            Creek, Australia, killing all 6 crew members and 34 of the 35
            servicemen being transported in what was at that point the worst
            crash in American air transport history, and what remains the
            worst air disaster in Australian history.
                (4) Due to wartime censorship rules related to the movement
            of troops, the tragic crash and loss of life were not reported
            to the Australian or United States public.
                (5) Many family members of those killed did not learn the
            circumstances of the troops deaths until they were contacted by
            the Bakers Creek Memorial Foundation beginning in 1992.
                (6) As of May 2005, the Bakers Creek Memorial Foundation had
            contacted 36 of the 40 families that lost loved ones in the
            tragic crash, and was continuing efforts to locate the remaining
            four families to inform them of the true events of the crash at
            Bakers Creek.
                (7) The Australian people marked the tragic crash at Bakers
            Creek with a memorial established in 1992, but no similar
            memorial has been established in the United States.

        (b) Sense of Congress.--It is the sense of Congress that the
    Secretary of the Army may establish an appropriate marker, at a site to
    be chosen at the discretion of the Secretary, to commemorate the 40
    members of the United States Armed Forces who lost their lives in the
    air crash at Bakers Creek, Australia, on June 14, 1943.

    [[Page 119 STAT. 3537]]

     DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND
                              OTHER AUTHORIZATIONS

           TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

              Subtitle A--National Security Programs Authorizations

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

                            Subtitle B--Other Matters

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

              Subtitle A--National Security Programs Authorizations

    SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

        (a) Authorization of Appropriations.--Funds are hereby authorized to
    be appropriated to the Department of Energy for fiscal year 2006 for the
    activities of the National Nuclear Security Administration in carrying
    out programs necessary for national security in the amount of $9,196,456
    to be allocated as follows:
                (1) For weapons activities, $6,433,936,000.
                (2) For defense nuclear nonproliferation activities,
            $1,631,151,000.
                (3) For naval reactors, $789,500,000.
                (4) For the Office of the Administrator for Nuclear
            Security, $341,869,000.

        (b) Authorization of New Plant Projects.--From funds referred to in
    subsection (a) that are available for carrying out plant projects, the
    Secretary of Energy may carry out new plant projects for the National
    Nuclear Security Administration as follows:
                (1) For readiness in technical base and facilities, the
            following new plant projects:
                              Project 06-D-140, Readiness in Technical Base
                          and Facilities Program, project engineering and
                          design, various locations, $14,113,000.
                              Project 06-D-402, replacement of Fire Stations
                          Number 1 and Number 2, Nevada Test Site, Nevada,
                          $8,284,000.
                              Project 06-D-403, tritium facility
                          modernization, Lawrence Livermore National
                          Laboratory, Livermore, California, $2,600,000.

    [[Page 119 STAT. 3538]]

                              Project 06-D-404, remediation, restoration,
                          and upgrade of Building B-3, Nevada Test Site,
                          Nevada, $16,000,000.
                (2) For facilities and infrastructure recapitalization, the
            following new plant projects:
                              Project 06-D-160, Facilities and
                          Infrastructure Recapitalization Program, project
                          engineering and design, various locations,
                          $5,811,000.
                              Project 06-D-601, electrical distribution
                          system upgrade, Pantex Plant, Amarillo, Texas,
                          $4,000,000.
                              Project 06-D-602, gas main and distribution
                          system upgrade, Pantex Plant, Amarillo, Texas,
                          $3,700,000.
                              Project 06-D-603, Steam Plant Life Extension
                          Project, Y-12 National Security Complex, Oak
                          Ridge, Tennessee, $729,000.
                (3) For defense nuclear nonproliferation, the following new
            plant project:
                              Project 06-D-180, Defense Nuclear
                          Nonproliferation, project engineering and design,
                          National Security Laboratory, Pacific Northwest
                          National Laboratory, Richland, Washington,
                          $13,000,000.
                (4) For naval reactors, the following plant projects:
                              Project 06-D-901, Central Office Building 2,
                          Bettis Atomic Power Laboratory, West Mifflin,
                          Pennsylvania, $7,000,000.
                              Project 05-D-900, Materials Development
                          Facility Building, Schenectady, New York,
                          $9,900,000, of which $1,000,000 shall be available
                          for project engineering and design.

    SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

        (a) Authorization of Appropriations.--Funds are hereby authorized to
    be appropriated to the Department of Energy for fiscal year 2006 for
    defense environmental cleanup activities in carrying out programs
    necessary for national security in the amount of $6,192,371,000.
        (b) Authorization of New Plant Project.--From funds referred to in
    subsection (a) that are available for carrying out plant projects, the
    Secretary of Energy may carry out, for defense environmental cleanup
    activities, the following new plant project:
                        Project 06-D-401, sodium bearing waste treatment
                    project, Idaho National Laboratory, Idaho Falls, Idaho,
                    $54,270,000.

    SEC. 3103. OTHER DEFENSE ACTIVITIES.

        Funds are hereby authorized to be appropriated to the Department of
    Energy for fiscal year 2006 for other defense activities in carrying out
    programs necessary for national security in the amount of $641,998,000.

    SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

        Funds are hereby authorized to be appropriated to the Department of
    Energy for fiscal year 2006 for defense nuclear waste disposal for
    payment to the Nuclear Waste Fund established in section 302(c) of the
    Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of
    $350,000,000.

    [[Page 119 STAT. 3539]]

                            Subtitle B--Other Matters

    SEC. 3111. RELIABLE REPLACEMENT WARHEAD PROGRAM.

        (a) Program Required.--The Atomic Energy Defense Act (division D of
    Public Law 107-314) is amended by inserting after section 4204 (50
    U.S.C. 2524) the following new section:

    ``SEC. 4204a. <<NOTE: 50 USC 2524a.>> RELIABLE REPLACEMENT WARHEAD
                PROGRAM.

        ``(a) Program Required.--The Secretary of Energy shall carry out a
    program, to be known as the Reliable Replacement Warhead program, which
    will have the following objectives:
                ``(1) To increase the reliability, safety, and security of
            the United States nuclear weapons stockpile.
                ``(2) To further reduce the likelihood of the resumption of
            underground nuclear weapons testing.
                ``(3) To remain consistent with basic design parameters by
            including, to the maximum extent feasible and consistent with
            the objective specified in paragraph (2), components that are
            well understood or are certifiable without the need to resume
            underground nuclear weapons testing.
                ``(4) To ensure that the nuclear weapons infrastructure can
            respond to unforeseen problems, to include the ability to
            produce replacement warheads that are safer to manufacture, more
            cost-effective to produce, and less costly to maintain than
            existing warheads.
                ``(5) To achieve reductions in the future size of the
            nuclear weapons stockpile based on increased reliability of the
            reliable replacement warheads.
                ``(6) To use the design, certification, and production
            expertise resident in the nuclear complex to develop reliable
            replacement components to fulfill current mission requirements
            of the existing stockpile.
                ``(7) To serve as a complement to, and potentially a more
            cost-effective and reliable long-term replacement for, the
            current Stockpile Life Extension Programs.

        ``(b) Consultation.--The Secretary of Energy shall carry out the
    Reliable Replacement Warhead program in consultation with the Secretary
    of Defense.''.
        (b) Report.--Not later than March 1, 2007, the Secretary of Energy
    and the Secretary of Defense shall submit to the congressional defense
    committees a report on the feasibility and implementation of the
    Reliable Replacement Warhead program required by section 4204a of the
    Atomic Energy Defense Act, as added by subsection (a). The report
    shall--
                (1) identify existing warheads recommended for replacement
            by 2035 with an assessment of the weapon performance and safety
            characteristics of the replacement warheads;
                (2) discuss the relationship of the Reliable Replacement
            Warhead program within the Stockpile Stewardship Program and its
            impact on the current Stockpile Life Extension Programs;
                (3) provide an assessment of the extent to which a
            successful Reliable Replacement Warhead program could lead to
            reductions in the nuclear weapons stockpile;
                (4) discuss the criteria by which replacement warheads under
            the Reliable Replacement Warhead program will be

    [[Page 119 STAT. 3540]]

            designed to maximize the likelihood of not requiring nuclear
            testing, as well as the circumstances that could lead to a
            resumption of testing;
                (5) provide a description of the infrastructure, including
            pit production capabilities, required to support the Reliable
            Replacement Warhead program;
                (6) provide a detailed summary of how the funds made
            available pursuant to the authorizations of appropriations in
            this Act, and any funds made available in prior years, will be
            used; and
                (7) provide an estimate of the comparative costs of a
            reliable replacement warhead and the stockpile life extension
            for the warheads identified in paragraph (1).

        (c) Interim Report.--Not later than March 1, 2006, the Secretary of
    Energy and the Secretary of Defense shall submit to the congressional
    defense committees an interim report on the matters required to be
    covered by the report under subsection (b).
        (d) Consultation.--The Secretary of Energy and the Secretary of
    Defense shall prepare the reports required by subsections (b) and (c) in
    consultation with the Nuclear Weapons Council.

    SEC. 3112. <<NOTE: Colorado.>> ROCKY FLATS ENVIRONMENTAL TECHNOLOGY
                SITE.

        (a) Definitions.--In this section:
                (1) Essential mineral right.--The term ``essential mineral
            right'' means a right to mine sand and gravel at Rocky Flats, as
            depicted on the map.
                (2) Fair market value.--The term ``fair market value'' means
            the value of an essential mineral right, as determined by an
            appraisal performed by an independent, certified mineral
            appraiser under the Uniform Standards of Professional Appraisal
            Practice.
                (3) Map.--The term ``map'' means the map entitled ``Rocky
            Flats National Wildlife Refuge'', dated July 25, 2005, and
            available for inspection in appropriate offices of the United
            States Fish and Wildlife Service and the Department of Energy.
                (4) Natural resource damage liability claim.--The term
            ``natural resource damage liability claim'' means a natural
            resource damage liability claim under subsections (a)(4)(C) and
            (f) of section 107 of the Comprehensive Environmental Response,
            Compensation, and Liability Act of 1980 (42 U.S.C. 9607) arising
            from hazardous substances releases at or from Rocky Flats that,
            as of the date of enactment of this Act, are identified in the
            administrative record for Rocky Flats required by the National
            Oil and Hazardous Substances Pollution Contingency Plan prepared
            under section 105 of that Act (42 U.S.C. 9605).
                (5) Rocky flats.--The term ``Rocky Flats'' means the
            Department of Energy facility in the State of Colorado known as
            the ``Rocky Flats Environmental Technology Site''.
                (6) Secretary.--The term ``Secretary'' means the Secretary
            of Energy.
                (7) Trustees.--The term ``Trustees'' means the Federal and
            State officials designated as trustees under section 107(f)(2)
            of the Comprehensive Environmental Response, Compensation, and
            Liability Act of 1980 (42 U.S.C. 9607(f)(2)).

        (b) Purchase of Essential Mineral Rights.--

    [[Page 119 STAT. 3541]]

                (1) In general.--Not <<NOTE: Deadline.>> later than one year
            after the date of enactment of this Act, such amounts authorized
            to be appropriated under subsection (c) shall be available to
            the Secretary to purchase essential mineral rights at Rocky
            Flats.
                (2) Conditions.--The Secretary shall not purchase an
            essential mineral right under paragraph (1) unless--
                        (A) the owner of the essential mineral right is a
                    willing seller; and
                        (B) the Secretary purchases the essential mineral
                    right for an amount that does not exceed fair market
                    value.
                (3) Limitation.--Only those funds authorized to be
            appropriated under subsection (c) shall be available for the
            Secretary to purchase essential mineral rights under paragraph
            (1).
                (4) Release from liability.--A natural resource damage
            liability claim under section 107 of the Comprehensive
            Environmental Response, Compensation, and Liability Act of 1980
            (42 U.S.C. 9607) shall be considered to be satisfied by--
                        (A) the purchase by the Secretary of essential
                    mineral rights under paragraph (1) for consideration in
                    an amount equal to $10,000,000;
                        (B) the payment by the Secretary to the Trustees of
                    $10,000,000; or
                        (C) the purchase by the Secretary of any portion of
                    the mineral rights under paragraph (1) for--
                              (i) consideration in an amount less than
                          $10,000,000; and
                              (ii) a payment by the Secretary to the
                          Trustees of an amount equal to the difference
                          between--
                                        (I) $10,000,000; and
                                        (II) the amount paid under clause
                                    (i).
                (5) Use of funds.--
                        (A) In general.--Any amounts received under
                    paragraph (4) shall be used by the Trustees for the
                    purposes described in section 107(f)(1) of the
                    Comprehensive Environmental Response, Compensation, and
                    Liability Act of 1980 (42 U.S.C. 9607(f)(1)),
                    including--
                              (i) the purchase of additional mineral rights
                          at Rocky Flats; and
                              (ii) the development of habitat restoration
                          projects at Rocky Flats.
                        (B) Condition.--Any expenditure of funds under this
                    paragraph shall be made jointly by the Trustees.
                        (C) Additional funds.--The Trustees may use the
                    funds received under paragraph (4) in conjunction with
                    other private and public funds.
                (6) Exemption from national environmental policy act.--Any
            purchases of mineral rights under this subsection shall be
            exempt from the National Environmental Policy Act of 1969 (42
            U.S.C. 4321 et seq.).
                (7) Rocky flats national wildlife refuge.--
                        (A) Transfer of management responsibilities.--The
                    Rocky Flats National Wildlife Refuge Act of 2001 (16
                    U.S.C. 668dd note; Public Law 107-107) is amended--
                              (i) in section 3175--
                                        (I) by striking subsections (b) and
                                    (f); and

    [[Page 119 STAT. 3542]]

                                        (II) by redesignating subsections
                                    (c), (d), and (e) as subsections (b),
                                    (c), and (d), respectively; and
                              (ii) in section 3176(a)(1), by striking
                          ``section 3175(d)'' and inserting ``section
                          3175(c)''.
                        (B) Boundaries.--Section 3177 of such Act is amended
                    by striking subsection (c) and inserting the following
                    new subsection:

        ``(c) Composition.--
                ``(1) In general.--Except as provided in paragraph (2), the
            refuge shall consist of land within the boundaries of Rocky
            Flats, as depicted on the map--
                        ``(A) entitled `Rocky Flats National Wildlife
                    Refuge';
                        ``(B) dated July 25, 2005; and
                        ``(C) available for inspection in the appropriate
                    offices of the United States Fish and Wildlife Service
                    and the Department of Energy.
                ``(2) Exclusions.--The refuge does not include--
                        ``(A) any land retained by the Department of Energy
                    for response actions under section 3175(c);
                        ``(B) any land depicted on the map described in
                    paragraph (1) that is subject to one or more essential
                    mineral rights described in section 3112(a) of the
                    National Defense Authorization Act for Fiscal Year 2006
                    over which the Secretary shall retain jurisdiction of
                    the surface estate until the essential mineral rights--
                              ``(i) are purchased under subsection (b) of
                          such section; or
                              ``(ii) are mined and reclaimed by the mineral
                          rights holders in accordance with requirements
                          established by the State of Colorado; and
                        ``(C) the land depicted on the map described in
                    paragraph (1) on which essential mineral rights are
                    being actively mined as of the date of enactment of the
                    National Defense Authorization Act for Fiscal Year 2006
                    until--
                              ``(i) the essential mineral rights are
                          purchased; or
                              ``(ii) the surface estate is reclaimed by the
                          mineral rights holder in accordance with
                          requirements established by the State of Colorado.
                ``(3) Acquisition of additional land.--Notwithstanding
            paragraph (2), upon the purchase of the mineral rights or
            reclamation of the land depicted on the map described in
            paragraph (1), the Secretary shall--
                        ``(A) transfer the land to the Secretary of the
                    Interior for inclusion in the refuge; and
                        ``(B) the Secretary of the Interior shall--
                              ``(i) accept the transfer of the land; and
                              ``(ii) manage the land as part of the
                          refuge.''.

        (c) Funding.--Of the amounts authorized to be appropriated to the
    Secretary for the Rocky Flats Environmental Technology Site for fiscal
    year 2006, $10,000,000 may be made available to the Secretary for the
    purposes described in subsection (b).

    [[Page 119 STAT. 3543]]

    SEC. 3113. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT ISSUED BY
                DEPARTMENT OF ENERGY IN 2005.

        (a) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Energy shall submit to the
    congressional defense committees a report detailing plans for achieving
    compliance under the Design Basis Threat issued by the Department of
    Energy in November 2005 (in this section referred to as the ``2005
    Design Basis Threat'').
        (b) Content.--The report required under subsection (a) shall include
    the following:
                (1) A plan with associated annual funding requirements to
            achieve compliance under the 2005 Design Basis Threat by
            December 31, 2008, and sustain such compliance through the
            Future Years Nuclear Security Plan, of all Department of Energy
            and National Nuclear Security Administration sites that contain
            nuclear weapons or special nuclear material.
                (2) A risk and cost analysis of the increase in security
            requirements from the Design Basis Threat issued by the
            Department of Energy in May 2003 to the 2005 Design Basis
            Threat.
                (3) An evaluation of options for applying security
            technologies and innovative protective force deployment to
            increase the efficiency and effectiveness of efforts to protect
            against the threats postulated in the 2005 Design Basis Threat.

        (c) Form.--The report required under subsection (a) shall be
    submitted in classified form with an unclassified summary.
        (d) Comptroller General Review.--Not later than one year after the
    date of the enactment of this Act, the Comptroller General shall submit
    to the congressional defense committees a report containing a review of
    the plan required by subsection (b)(1). In conducting the review, the
    Comptroller General shall employ probalistic risk assessment methodology
    to access the merits of incremental risk mitigation steps proposed by
    the Department of Energy.

    SEC. 3114. REPORTS ASSOCIATED WITH WASTE TREATMENT AND IMMOBILIZATION
                PLANT PROJECT, HANFORD SITE, RICHLAND, WASHINGTON.

        (a) Submission of Army Corps of Engineers Reports.--Not later than
    10 days after the date on which the Secretary of Energy receives any
    report from the Army Corps of Engineers documenting any evaluation or
    validation of costs, schedule, and technical issues associated with the
    Waste Treatment and Immobilization Plant Project at the Department of
    Energy Hanford Site, the Secretary shall submit a copy of the report to
    the congressional defense committees.
        (b) Inclusion of Specific Reports.--The requirement to submit
    reports under this section includes the anticipated reports from the
    Army Corps of Engineers--
                (1) documenting the cost validation of the estimated cost to
            complete the project based on both constrained and unconstrained
            funding scenarios; and
                (2) evaluating the baseline ground motion criteria.

    SEC. 3115. REPORT ON ASSISTANCE FOR A COMPREHENSIVE INVENTORY OF RUSSIAN
                NONSTRATEGIC NUCLEAR WEAPONS.

        (a) Findings.--Congress finds that--

    [[Page 119 STAT. 3544]]

                (1) there is an insufficient accounting for, and
            insufficient security of, the nonstrategic nuclear weapons of
            the Russian Federation; and
                (2) because of the dangers posed by that insufficient
            accounting and security, it is in the national security interest
            of the United States to assist the Russian Federation in the
            conduct of a comprehensive inventory of its nonstrategic nuclear
            weapons.

        (b) Report.--
                (1) Report required.--Not later than April 15, 2006, the
            Secretary of Energy shall submit to Congress a report
            containing--
                        (A) the Secretary's evaluation of past and current
                    efforts by the United States to encourage or facilitate
                    a proper accounting for and securing of the nonstrategic
                    nuclear weapons of the Russian Federation; and
                        (B) the Secretary's recommendations regarding the
                    actions by the United States that are most likely to
                    lead to progress in improving the accounting for, and
                    securing of, those weapons.
                (2) Consultation with secretary of defense.--The report
            under paragraph (1) shall be prepared in consultation with the
            Secretary of Defense.
                (3) Classification of report.--The report under paragraph
            (1) shall be in unclassified form, but may be accompanied by a
            classified annex.

    SEC. 3116. REPORT ON INTERNATIONAL BORDER SECURITY PROGRAMS.

        (a) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Energy shall submit to the
    Committee on Armed Services of the Senate and the Committee on Armed
    Services of the House of Representatives a report on the management by
    the Secretaries referred to in subsection (c) of border security
    programs in the countries of the former Soviet Union and other
    countries.
        (b) Content.--The report required under subsection (a) shall
    include--
                (1) a description of the roles and responsibilities of each
            department and agency of the United States Government in
            international border security programs;
                (2) a description of the interactions and coordination among
            departments and agencies of the United States Government that
            are conducting international border security programs;
                (3) a description of the mechanisms and processes that exist
            to ensure coordination, avoid duplication, and provide a means
            to resolve conflicts or problems that might arise in the
            implementation of international border security programs;
                (4) a discussion of whether there is existing interagency
            guidance that addresses the roles, interactions, and dispute
            resolution mechanisms for departments and agencies of the United
            States Government that are conducting international border
            security programs, and the adequacy of such guidance if it
            exists; and
                (5) recommendations to improve the coordination and
            effectiveness of international border security programs.

    [[Page 119 STAT. 3545]]

        (c) Consultation.--The Secretary of Energy shall prepare the report
    required by subsection (a) in consultation with the Secretary of
    Defense, the Secretary of State, and, as appropriate, the Secretary of
    Homeland Security.

    SEC. 3117. SAVANNAH RIVER NATIONAL LABORATORY.

         The Savannah River National Laboratory shall be a participating
    laboratory in the Department of Energy laboratory directed research and
    development program.

              TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

    Sec. 3201. Authorization.

    SEC. 3201. AUTHORIZATION.

        There are authorized to be appropriated for fiscal year 2006,
    $22,032,000 for the operation of the Defense Nuclear Facilities Safety
    Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
    et seq.).

                    TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

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

    SEC. 3301. AUTHORIZED USES OF NATIONAL DEFENSE STOCKPILE FUNDS.

        (a) Obligation of Stockpile Funds.--During fiscal year 2006, the
    National Defense Stockpile Manager may obligate up to $52,132,000 of the
    funds in the National Defense Stockpile Transaction Fund established
    under subsection (a) of section 9 of the Strategic and Critical
    Materials Stock Piling Act (50 U.S.C. 98h) for the 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 <<NOTE: Notification.>> 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. <<NOTE: Effective date.>> The National
    Defense Stockpile Manager may make the additional obligations described
    in the notification after the end of the 45-day period beginning on the
    date on which Congress receives the notification.

        (c) Limitations.--The authorities provided by this section shall be
    subject to such limitations as may be provided in appropriations Acts.

    SEC. 3302. REVISIONS TO REQUIRED RECEIPT OBJECTIVES FOR PREVIOUSLY
                AUTHORIZED DISPOSALS FROM NATIONAL DEFENSE STOCKPILE.

        (a) Disposal Authority.--Section 3303(a) of the Strom Thurmond
    National Defense Authorization Act for Fiscal Year 1999

    [[Page 119 STAT. 3546]]

    (Public Law 105-261; 50 U.S.C. 98d note), as amended by section 3302 of
    the Ronald W. Reagan National Defense Authorization Act for Year 2005
    (Public Law 108-375; 118 Stat. 2193), is amended--
                (1) by striking ``and'' at the end of paragraph (4); and
                (2) by striking paragraph (5) and inserting the following
            new paragraphs:
                ``(5) $900,000,000 by the end of fiscal year 2010; and
                ``(6) $1,000,000,000 by the end of fiscal year 2013.''.

        (b) Additional Disposal Authority.--Section 3402(b) of the National
    Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 50
    U.S.C. 98d note), as amended by section 3302 of the National Defense
    Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
    1788), is amended--
                (1) by striking ``and'' at the end of paragraph (3); and
                (2) by striking paragraph (4) and inserting the following
            new paragraphs:
                ``(4) $500,000,000 before the end of fiscal year 2010; and
                ``(5) $600,000,000 before the end of fiscal year 2013.''.

    SEC. 3303. <<NOTE: 50 USC 98d note.>> AUTHORIZATION FOR DISPOSAL OF
                TUNGSTEN ORES AND CONCENTRATES.

        (a) Disposal Authorized.--The President may dispose of up to
    8,000,000 pounds of contained tungsten in the form of tungsten ores and
    concentrates from the National Defense Stockpile in fiscal year 2006.
        (b) Certain Sales Authorized.--The tungsten ores and concentrates
    disposed under subsection (a) may be sold to entities with ore
    conversion or tungsten carbide manufacturing or processing capabilities
    in the United States.

    SEC. 3304. <<NOTE: 50 USC 98d note.>> DISPOSAL OF FERROMANGANESE.

        (a) Disposal Authorized.--The Secretary of Defense may dispose of up
    to 75,000 tons of ferromanganese from the National Defense Stockpile
    during fiscal year 2006.
        (b) Contingent Authority for Additional Disposal.--If the Secretary
    of Defense completes the disposal of the total quantity of
    ferromanganese authorized for disposal by subsection (a) before
    September 30, 2006, the Secretary of Defense may dispose of up to an
    additional 25,000 tons of ferromanganese from the National Defense
    Stockpile before that date.
        (c) Certification.--The <<NOTE: Deadline.>> Secretary of Defense may
    dispose of ferromanganese under the authority of subsection (b) only if
    the Secretary submits written certification to the Committee on Armed
    Services of the Senate and the Committee on Armed Services of the House
    of Representatives, not later than 30 days before the commencement of
    disposal, that--
                (1) the disposal of the additional ferromanganese from the
            National Defense Stockpile is in the interest of national
            defense;
                (2) the disposal of the additional ferromanganese will not
            cause undue disruption to the usual markets of producers and
            processors of ferromanganese in the United States; and
                (3) the disposal of the additional ferromanganese is
            consistent with the requirements and purpose of the National
            Defense Stockpile.

        (d) Delegation of Responsibility.--The Secretary of Defense may
    delegate the responsibility of the Secretary under subsection (c) to an
    appropriate official within the Department of Defense.

    [[Page 119 STAT. 3547]]

        (e) National Defense Stockpile Defined.--In this section, the term
    ``National Defense Stockpile'' means the stockpile provided for in
    section 4 of the Strategic and Critical Materials Stock Piling Act (50
    U.S.C. 98c).

                      TITLE XXXIV--NAVAL PETROLEUM RESERVES

    Sec. 3401. Authorization of appropriations.

    SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

        (a) Amount.--There are hereby authorized to be appropriated to the
    Secretary of Energy $18,500,000 for fiscal year 2006 for the purpose of
    carrying out activities under chapter 641 of title 10, United States
    Code, relating to the naval petroleum reserves.
        (b) Period of Availability.--Funds appropriated pursuant to the
    authorization of appropriations in subsection (a) shall remain available
    until expended.

                       TITLE XXXV--MARITIME ADMINISTRATION

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

    SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2006.

        Funds are hereby authorized to be appropriated for fiscal year 2006,
    to be available without fiscal year limitation if so provided in
    appropriations Acts, for the use of the Department of Transportation for
    the Maritime Administration as follows:
                (1) For expenses necessary for operations and training
            activities, $122,249,000.
                (2) For administrative expenses related to loan guarantee
            commitments under the program authorized by title XI of the
            Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.),
            $4,126,000.
                (3) For expenses to dispose of obsolete vessels in the
            National Defense Reserve Fleet, including provision of
            assistance under section 7 of Public Law 92-402, $21,000,000.

    SEC. 3502. PAYMENTS FOR STATE AND REGIONAL MARITIME ACADEMIES.

        (a) Annual Payment.--Section 1304(d)(1)(C)(ii) of the Merchant
    Marine Act, 1936 (46 App. U.S.C. 1295c(d)(1)(C)(ii)) is amended by
    striking ``$200,000'' and inserting ``$300,000 for fiscal year 2006,
    $400,000 for fiscal year 2007, and $500,000 for fiscal year 2008 and
    each fiscal year thereafter''.

    [[Page 119 STAT. 3548]]

        (b) School Ship Fuel Payment.--Section 1304(c)(2) of the Merchant
    Marine Act, 1936 (46 App. U.S.C. 1295c(c)(2)) is amended--
                (1) by striking ``The Secretary may pay to any State
            maritime academy'' and inserting ``(A) The Secretary shall,
            subject to the availability of appropriations, pay to each State
            maritime academy''; and
                (2) by adding at the end the following:

        ``(B) The amount of the payment to a State maritime academy under
    this paragraph shall not exceed--
                ``(i) $100,000 for fiscal year 2006;
                ``(ii) $200,000 for fiscal year 2007; and
                ``(iii) $300,000 for fiscal year 2008 and each fiscal year
            thereafter.''.

    SEC. 3503. MAINTENANCE AND REPAIR REIMBURSEMENT PILOT PROGRAM.

        Section 3517 of the Maritime Security Act of 2003 (46 U.S.C. 53101
    note) is amended to read as follows:

    ``SEC. 3517. MAINTENANCE AND REPAIR REIMBURSEMENT PILOT PROGRAM.

        ``(a) Authority to Enter Agreements.--
                ``(1) In general.--The Secretary of Transportation shall
            carry out a pilot program under which the Secretary shall enter
            into an agreement with 1 or more contractors under chapter 531
            of title 46, United States Code, regarding maintenance and
            repair of 1 or more vessels that are subject to an operating
            agreement under that chapter.
                ``(2) Requirement of agreement.--The Secretary shall,
            subject to the availability of appropriations, require 1 or more
            persons to enter into an agreement under this section as a
            condition of awarding an operating agreement to the person under
            chapter 531 of title 46, United States Code, for 1 or more
            vessels that normally make port calls in the United States.

        ``(b) Terms of Agreement.--An agreement under this section--
                ``(1) shall require that except as provided in subsection
            (c), all qualified maintenance or repair on the vessel shall be
            performed in the United States;
                ``(2) shall require that the Secretary shall reimburse the
            contractor in accordance with subsection (d) for the costs of
            qualified maintenance or repair performed in the United States;
            and
                ``(3) <<NOTE: Applicability.>> shall apply to qualified
            maintenance or repair performed during the 5-year period
            beginning on the date the vessel begins operating under the
            operating agreement under chapter 531 of title 46, United States
            Code.

        ``(c) Exception to Requirement to Perform Work in the United
    States.--A contractor shall not be required to have qualified
    maintenance or repair work performed in the United States under this
    section if--
                ``(1) the Secretary determines that there is no facility
            capable of meeting all technical requirements of the qualified
            maintenance or repair in the United States located in the
            geographic area in which the vessel normally operates available
            to perform the work in the time required by the contractor to
            maintain its regularly scheduled service;

    [[Page 119 STAT. 3549]]

                ``(2) the Secretary determines that there are insufficient
            funds to pay reimbursement under subsection (d) with respect to
            the work; or
                ``(3) the Secretary fails to make the certification
            described in subsection (e)(2).

        ``(d) Reimbursement.--
                ``(1) In general.--The Secretary shall, subject to the
            availability of appropriations, reimburse a contractor for costs
            incurred by the contractor for qualified maintenance or repair
            performed in the United States under this section.
                ``(2) Amount.--The amount of reimbursement shall be equal to
            the difference between--
                        ``(A) the fair and reasonable cost of obtaining the
                    qualified maintenance or repair in the United States;
                    and
                        ``(B) the fair and reasonable cost of obtaining the
                    qualified maintenance or repair outside the United
                    States, in the country in which the contractor would
                    otherwise undertake the qualified maintenance or repair.
                ``(3) Determination of fair and reasonable costs.--The
            Secretary shall determine fair and reasonable costs for purposes
            of paragraph (2).

        ``(e) Notification Requirements.--
                ``(1) Notification by contractor.--The Secretary is not
            required to pay reimbursement to a contractor under this section
            for qualified maintenance or repair, unless the contractor--
                        ``(A) <<NOTE: Deadline.>> notifies the Secretary of
                    the intent of the contractor to obtain the qualified
                    maintenance or repair, by not later than 90 days before
                    the date of the performance of the qualified maintenance
                    or repair; and
                        ``(B) includes in such notification--
                              ``(i) a description of all qualified
                          maintenance or repair that the contractor should
                          reasonably expect may be performed;
                              ``(ii) a description of the vessel's normal
                          route and port calls in the United States;
                              ``(iii) an estimate of the cost of obtaining
                          the qualified maintenance or repair described
                          under clause (i) in the United States; and
                              ``(iv) an estimate of the cost of obtaining
                          the qualified maintenance or repair described
                          under clause (i) outside the United States, in the
                          country in which the contractor otherwise would
                          undertake the qualified maintenance or repair.
                ``(2) Certification by secretary.--
                        ``(A) <<NOTE: Deadline.>> Not later than 30 days
                    after the date of receipt of notification under
                    paragraph (1), the Secretary shall certify to the
                    contractor--
                              ``(i) whether the cost estimates provided by
                          the contractor are fair and reasonable;
                              ``(ii) if the Secretary determines that such
                          cost estimates are not fair and reasonable, the
                          Secretary's estimate of fair and reasonable costs
                          for such work;
                              ``(iii) whether there are available to the
                          Secretary sufficient funds to pay reimbursement
                          under subsection (d) with respect to such work;
                          and

    [[Page 119 STAT. 3550]]

                              ``(iv) that the Secretary commits such funds
                          to the contractor for such reimbursement, if such
                          funds are available for that purpose.
                        ``(B) <<NOTE: Deadline.>> If the contractor
                    notification described in paragraph (1) does not include
                    an estimate of the cost of obtaining qualified
                    maintenance and repair in the United States, then not
                    later than 30 days after the date of receipt of such
                    notification, the Secretary shall--
                              ``(i) certify to the contractor whether there
                          is a facility capable of meeting all technical
                          requirements of the qualified maintenance and
                          repair in the United States located in the
                          geographic area in which the vessel normally
                          operates available to perform the qualified
                          maintenance and repair described in the
                          notification by the contractor under paragraph (1)
                          in the time period required by the contractor to
                          maintain its regularly scheduled service; and
                              ``(ii) if there is such a facility, require
                          the contractor to resubmit such notification with
                          the required cost estimate for such facility.

        ``(f) Regulations.--
                ``(1) Requirement to <<NOTE: Deadlines.>> issue notice of
            proposed rule making.--The Secretary shall--
                        ``(A) by not later than 30 days after the effective
                    date of this subsection, issue a notice of proposed rule
                    making to implement this section;
                        ``(B) <<NOTE: Public comments.>> in such notice,
                    solicit the submission of comments by the public
                    regarding rules to implement this section; and
                        ``(C) provide a period of at least 30 days for the
                    submission of such comments.
                ``(2) Interim rules.--Upon expiration of the period for
            submission of comments pursuant to paragraph (1)(C), the
            Secretary may prescribe interim rules necessary to carry out the
            Secretary's responsibilities under this section. For this
            purpose, the Secretary is excepted from compliance with the
            notice and comment requirements of section 553 of title 5,
            United States Code. At the time <<NOTE: Public
            comments.>> interim rules are issued, the Secretary shall
            solicit comments on the interim rules from the public and other
            interested persons. <<NOTE: Deadline.>> Such period for comment
            shall not be less than 90 days. <<NOTE: Expiration date.>> All
            interim rules prescribed under the authority of this subsection
            that are not earlier superseded by final rules shall expire no
            later than 270 days after the effective date of this subsection.

        ``(g) Qualified Maintenance or Repair Defined.--In this section the
    term `qualified maintenance or repair'--
                ``(1) except as provided in paragraph (2), means--
                        ``(A) any inspection of a vessel that is--
                              ``(i) required under chapter 33 of title 46,
                          United States Code; and
                              ``(ii) performed in the period in which the
                          vessel is subject to an agreement under this
                          section;
                        ``(B) any maintenance or repair of a vessel that is
                    determined, in the course of an inspection referred to
                    in subparagraph (A), to be necessary; and

    [[Page 119 STAT. 3551]]

                        ``(C) any additional maintenance or repair the
                    contractor intends to undertake at the same time as the
                    work described in subparagraph (B); and
                ``(2) does not include--
                        ``(A) maintenance or repair not agreed to by the
                    contractor to be undertaken at the same time as the work
                    described in paragraph (1); or
                        ``(B) any emergency work that is necessary to enable
                    a vessel to return to a port in the United States.

        ``(h) Annual Report.--The Secretary shall submit to the Congress by
    not later than September 30 each year a report on the program under this
    section. <<NOTE: Records.>> The report shall include a listing of future
    inspection schedules for all vessels included in the Maritime Security
    Fleet under section 53102 of title 46, United States Code.

        ``(i) Authorization of Appropriations.--In addition to the other
    amounts authorized by this title, for reimbursement of costs of
    qualified maintenance or repair under this section there is authorized
    to be appropriated to the Secretary of Transportation $19,500,000 for
    each of fiscal years 2006 through 2011.''.

    SEC. 3504. TANK VESSEL CONSTRUCTION ASSISTANCE.

        (a) Requirement to Enter Contracts.--Section 3543(a) of the National
    Defense Authorization Act for Fiscal Year 2004 (46 U.S.C. 53101 note) is
    amended by striking ``may'' and inserting ``shall, to the extent of the
    availability of appropriations,''.
        (b) Amount of Assistance.--Section 3543(b) of the National Defense
    Authorization Act for Fiscal Year 2004 (46 U.S.C. 53101 note) is amended
    by striking ``up to 75 percent of''.

    SEC. 3505. IMPROVEMENTS TO THE MARITIME ADMINISTRATION VESSEL DISPOSAL
                PROGRAM.

        (a) Repeal of Limitation on Scrapping; Comprehensive Management
    Plan.--Section 3502 of the Floyd D. Spence National Defense
    Authorization Act of Fiscal Year 2001 (enacted into law by section 1 of
    Public Law 106-398; 16 U.S.C. 5405 note; 114 Stat. 1654A-490) is amended
    by striking subsections (c), (d), (e), and (f), and inserting the
    following:
        ``(c) Comprehensive Management Plan.--
                ``(1) Requirement to develop plan.--
            The <<NOTE: Publication. Deadline.>> Secretary of Transportation
            shall prepare, publish, and submit to the Congress by not later
            than 180 days after the date of the enactment of this Act a
            comprehensive plan for management of the vessel disposal program
            of the Maritime Administration in accordance with the
            recommendations made in the Government Accountability Office in
            report number GAO-05-264, dated March 2005.
                ``(2) Contents of plan.--The plan shall--
                        ``(A) include a strategy and implementation plan for
                    disposal of obsolete National Defense Reserve Fleet
                    vessels (including vessels added to the fleet after the
                    enactment of this paragraph) in a timely manner,
                    maximizing the use of all available disposal methods,
                    including dismantling, use for artificial reefs,
                    donation, and Navy training exercises;
                        ``(B) identify and describe the funding and other
                    resources necessary to implement the plan, and specific
                    milestones for disposal of vessels under the plan;

    [[Page 119 STAT. 3552]]

                        ``(C) establish performance measures to track
                    progress toward achieving the goals of the program,
                    including the expeditious disposal of ships commencing
                    upon the date of the enactment of this paragraph;
                        ``(D) develop a formal decisionmaking framework for
                    the program; and
                        ``(E) identify external factors that could impede
                    successful implementation of the plan, and describe
                    steps to be taken to mitigate the effects of such
                    factors.

        ``(d) Implementation of Management Plan.--
                ``(1) Requirement to implement.--Subject to the availability
            of appropriations, the Secretary shall implement the vessel
            disposal program of the Maritime Administration in accordance
            with--
                        ``(A) the management plan submitted under subsection
                    (c); and
                        ``(B) the requirements set forth in paragraph (2).
                ``(2) Utilization of domestic sources.--In the procurement
            of services under the vessel disposal program of the Maritime
            Administration, the Secretary shall--
                        ``(A) use full and open competition; and
                        ``(B) utilize domestic sources to the maximum extent
                    practicable.

        ``(e) Failure to Submit Plan.--
                ``(1) Private management contract for disposal of maritime
            administration vessels.--The Secretary of Transportation,
            subject to the availability of appropriations, shall promptly
            award a contract using full and open competition to
            expeditiously implement all aspects of disposal of obsolete
            National Defense Reserve Fleet vessels.
                ``(2) Application.--This subsection shall apply beginning
            180 days after the date of the enactment of this subsection,
            unless the Secretary of Transportation has submitted to the
            Congress the comprehensive plan required under subsection (c).

        ``(f) Report.--No later than 1 year after the date of the enactment
    of this subsection, and every 6 months thereafter, the Secretary of
    Transportation, in coordination with the Secretary of the Navy, shall
    report to the Committee on Transportation and Infrastructure, the
    Committee on Resources, and the Committee on Armed Services of the House
    of Representatives, and to the Committee on Commerce, Science, and
    Transportation and the Committee on Armed Services of the Senate, on the
    progress made in implementing the vessel disposal plan developed under
    subsection (c). In particular, the report shall address the performance
    measures required to be established under subsection (c)(2)(C).''.
        (b) Temporary Authority to Transfer Obsolete Combatant Vessels to
    Navy for Disposal.--The Secretary of Transportation shall, subject to
    the availability of appropriations and consistent with section 1535 of
    title 31, United States Code, popularly known as the Economy Act,
    transfer to the Secretary of the Navy during fiscal year 2006 for
    disposal by the Navy, no fewer than 4 combatant vessels in the
    nonretention fleet of the Maritime Administration that are acceptable to
    the Secretary of the Navy.
        (c) Transfer of Title of Obsolete Vessels to Be Disposed of as
    Artificial Reefs.--Paragraph (4) of section 4 of the Act entitled ``An
    Act to authorize appropriations for the fiscal year

    [[Page 119 STAT. 3553]]

    1973 for certain maritime programs of the Department of Commerce, and
    for related purposes'' (Public Law 92-402; 16 U.S.C. 1220a) is amended
    to read as follows:
                ``(4) the transfer would be at no cost to the Government
            (except for any financial assistance provided under section
            1220(c)(1) of this title) with the State taking delivery of such
            obsolete ships and titles in an `as-is--where-is' condition at
            such place and time designated as may be determined by the
            Secretary of Transportation.''.

    SEC. 3506. <<NOTE: Grants. Loans. 46 USC app. 1249.>> ASSISTANCE FOR
                SMALL SHIPYARDS AND MARITIME COMMUNITIES.

        (a) Establishment of Program.--Subject to the availability of
    appropriations, the Administrator of the Maritime Administration shall
    establish a program to provide assistance to State and local
    governments--
                (1) to provide assistance in the form of grants, loans, and
            loan guarantees to small shipyards for capital improvements; and
                (2) for maritime training programs in communities whose
            economies are substantially related to the maritime industry.

        (b) Awards.--In providing assistance under the program, the
    Administrator shall--
                (1) take into account--
                        (A) the economic circumstances and conditions of
                    maritime communities; and
                        (B) the local, State, and regional economy in which
                    the communities are located; and
                (2) strongly encourage State, local, and regional efforts to
            promote economic development and training that will enhance the
            economic viability of and quality of life in maritime
            communities.

        (c) Use of Funds.--Assistance provided under this section may be
    used--
                (1) to make capital and related improvements in small
            shipyards located in or near maritime communities;
                (2) to encourage, assist in, or provide training for
            residents of maritime communities that will enhance the economic
            viability of those communities; and
                (3) for such other purposes as the Administrator determines
            to be consistent with and supplemental to such activities.

        (d) Prohibited Uses.--Grants awarded under this section may not be
    used to construct buildings or other physical facilities or to acquire
    land unless such use is specifically approved by the Administrator in
    support of subsection (c)(3).
        (e) Matching Requirements.--
                (1) Federal funding.--Except as provided in paragraph (2),
            Federal funds for any eligible project under this section shall
            not exceed 75 percent of the total cost of such project.
                (2) Exceptions.--
                        (A) Small projects.--Paragraph (1) shall not apply
                    to grants under this section for stand alone projects
                    costing not more than $25,000. The amount under this
                    subparagraph shall be indexed to the consumer price
                    index and modified each fiscal year after the annual
                    publication of the consumer price index.

    [[Page 119 STAT. 3554]]

                        (B) Reduction in matching requirement.--If the
                    Administrator determines that a proposed project merits
                    support and cannot be undertaken without a higher
                    percentage of Federal financial assistance, the
                    Administrator may award a grant for such project with a
                    lesser matching requirement than is described in
                    paragraph (1).

        (f) Application.--
                (1) In general.--The Administrator shall determine who, as
            an eligible applicant, may submit an application, at such time,
            in such form, and containing such information and assurances as
            the Administrator may require.
                (2) Minimum standards for payment or reimbursement.--Each
            application submitted under paragraph (1) shall include--
                        (A) a comprehensive description of--
                              (i) the need for the project;
                              (ii) the methodology for implementing the
                          project; and
                              (iii) any existing programs or arrangements
                          that can be used to supplement or leverage
                          assistance under the program.
                (3) Procedural safeguards.--The Administrator, in
            consultation with the Office of the Inspector General, shall
            issue guidelines to establish appropriate accounting, reporting,
            and review procedures to ensure that--
                        (A) grant funds are used for the purposes for which
                    they were made available;
                        (B) grantees have properly accounted for all
                    expenditures of grant funds; and
                        (C) grant funds not used for such purposes and
                    amounts not obligated or expended are returned.
                (4) Project approval required.--The Administrator may not
            award a grant under this section unless the Administrator
            determines that--
                        (A) sufficient funding is available to meet the
                    matching requirements of subsection (e);
                        (B) the project will be completed without
                    unreasonable delay; and
                        (C) the recipient has authority to carry out the
                    proposed project.

        (g) Audits and Examinations.--All grantees under this section shall
    maintain such records as the Administrator may require and make such
    records available for review and audit by the Administrator.
        (h) Small Shipyard Defined.--In this section, the term ``small
    shipyard'' means a shipyard that--
                (1) is a small business concern (within the meaning of
            section 3 of the Small Business Act (15 U.S.C. 632); and
                (2) does not have more than 600 employees.

        (i) Authorization of Appropriations.--There are authorized to be
    appropriated to the Administrator of the Maritime Administration for
    each of fiscal years 2006 through 2010 to carry out this section--
                (1) $5,000,000 for training grants; and
                (2) $25,000,000 for capital and related improvement grants.

    [[Page 119 STAT. 3555]]

    SEC. 3507. TRANSFER OF AUTHORITY FOR TITLE XI NON-FISHING LOAN GUARANTEE
                DECISIONS TO MARITIME ADMINISTRATION.

        (a) In General.--Title XI of the Merchant Marine Act, 1936 (46
    U.S.C. App. 1271 et seq.), as amended by subsection (d) of this section,
    is amended--
                (1) by striking ``Secretary'' each place it appears and
            inserting ``Secretary or Administrator'' in--
                        (A) <<NOTE: 46 USC app. 1271.>> section 1101(c),
                    (f), and (g);
                        (B) <<NOTE: 46 USC app. 1272.>> section 1102;
                        (C) <<NOTE: 46 USC app. 1273.>> section 1103(a),
                    (b), (c), (e), (g), and (h);
                        (D) <<NOTE: 46 USC app. 1274.>> section 1104A,
                    except in--
                              (i) subsection (b)(7) and the undesignated
                          paragraph that follows;
                              (ii) paragraphs (1), (2), (3)(B), and (4) of
                          subsection (d);
                              (iii) subsection (e)(2)(F) the second place it
                          appears;
                              (iv) subsection (j); and
                              (v) subsection (n)(1) the first place it
                          appears;
                        (E) <<NOTE: 46 USC app. 1274a.>> section 1104B;
                        (F) <<NOTE: 46 USC app. 1275.>> section 1105(a),
                    (b), (c), and (e);
                        (G) section 1105(d) the first, second, third, fifth,
                    and last places it appears; and
                        (H) sections 1108, 1109 (except the second place it
                    appears in subsection (c)), <<NOTE: 46 USC app. 1279a,
                    1279b, 1279f.>> and 1113 (as redesignated by subsection
                    (d) of this section);
                (2) by striking ``Secretary'' and inserting
            ``Administrator'' in--
                        (A) section 1103(i);
                        (B) section 1103(j) the first place it appears;
                        (C) section 1104A(b)(7) each place it appears but
                    not in the undesignated paragraph that follows
                    subsection (b)(7);
                        (D) section 1104A(d)(1)(A) each place it appears
                    except the first;
                        (E) section 1104A(d)(3) each place it appears except
                    in subparagraph (B);
                        (F) section 1104A(j)(1) the first, fifth, and
                    seventh places it appears;
                        (G) section 1104A(n) each place it appears except
                    the first;
                        (H) <<NOTE: 46 USC app. 1279c.>> section 1110 each
                    place it appears except the first and fourth places it
                    appears in subsection (b);
                        (I) <<NOTE: 46 USC app. 1279d.>> section 1111(a) and
                    (b)(2) each place it appears;
                        (J) section 1111(b)(4) each place it appears except
                    the first; and
                        (K) <<NOTE: 46 USC app. 1279e.>> section 1112 each
                    place it appears; and
                (3) by striking ``Secretary's'' in sections 1108(g)(1) and
            1109(d)(3) and inserting ``Secretary's or Administrator's''.

        (b) Additional and Conforming Title XI Changes.--
                (1) Section 1101 of the Merchant Marine Act, 1936 (46 U.S.C.
            App. 1271) is amended--
                        (A) by striking ``title,'' and all that follows in
                    subsection (n) and inserting ``title.''; and
                        (B) by adding at the end the following:
                ``(p) The term `Administrator' means the Administrator of
            the Maritime Administration.''.

    [[Page 119 STAT. 3556]]

                (2) Section 1103(j) of such Act (46 U.S.C. App. 1273(j)) is
            amended by adding at the end the following:

    ``The <<NOTE: Deadline.>> Secretary of Defense shall determine whether a
    vessel satisfies paragraphs (1) and (2) by not later than 30 days after
    receipt of a request from the Administrator for such a determination.''.
                (3) Section 1104A(d) of such Act (46 U.S.C. App. 1274(d)) is
            amended--
                        (A) by striking ``Secretary of Transportation'' in
                    paragraphs (1)(A) and (3)(B) and inserting
                    ``Administrator'';
                        (B) by striking ``the waiver'' in paragraph (4)(B)
                    and inserting ``if deemed necessary by the Secretary or
                    Administrator, the waiver'';
                        (C) by striking ``the increased'' in paragraph
                    (4)(B) and inserting ``any significant increase in''.
                (4) Section 1104A(f) <<NOTE: 46 USC app. 1274.>> of such Act
            (46 U.S.C. App. 1273(f)) is amended--
                        (A) by striking ``financial structures, or other
                    risk factors identified by the Secretary or
                    Administrator.'' in paragraph (2), as amended by
                    subsection (a) of this section, and inserting ``or
                    financial structures.'';
                        (B) by striking ``financial structures, or other
                    risk factors identified by the Secretary or
                    Administrator.'' in paragraph (3), as amended by
                    subsection (a) of this section, and inserting ``or
                    financial structures.''; and
                        (C) by adding at the end the following:

        ``(5) A third party independent analysis conducted under paragraph
    (2) shall be performed by a private sector expert in assessing such risk
    factors who is selected by the Administrator.''.
                (5) <<NOTE: 46 USC app. 1274.>> Section 1104A(j)(2) of such
            Act (46 U.S.C. App. 1273(j)(2)) is amended by striking ``The
            Secretary of Transportation'' and inserting ``The
            Administrator''.
                (6) <<NOTE: 46 USC app. 1274.>> Section 1104A(m) of such Act
            (46 U.S.C. App. 1273(m)) is amended by striking the last
            sentence and inserting ``If the Secretary or Administrator has
            waived a requirement under section 1104A(d), the loan agreement
            shall include requirements for additional payments, collateral,
            or equity contributions to meet such waived requirement upon the
            occurrence of verifiable conditions indicating that the
            obligor's financial condition enables the obligor to meet the
            waived requirement.''.
                (7) <<NOTE: 46 USC app. 1274.>> Section 1104A(n)(1) of such
            Act (46 U.S.C. App. 1273(n)(1)) is amended by striking ``The
            Secretary of Transportation'' and inserting ``The
            Administrator''.
                (8) <<NOTE: 46 USC app. 1279d.>> Section 1111 of such Act
            (46 U.S.C. 1279(f)) is amended by striking ``Secretary of
            Transportation'' each place it appears and inserting
            ``Administrator''.

        (c) Conforming Changes in Other Statutes.--
                (1) Section 401(a) of the Ocean Shipping Reform Act of 1998
            (46 U.S.C. App. 1273a(a)) is amended by striking ``Secretary of
            Transportation'' and inserting ``Administrator of the Maritime
            Administration''.
                (2) <<NOTE: 46 USC app. 1280.>> Section 101 of Public Law
            85-469 (46 U.S.C. 1280) is amended by inserting ``or the
            Administrator of the Maritime Administration'' after
            ``Secretary''.
                (3) Section 3527 of the Maritime Security Act of 2003 (46
            U.S.C. App. 1280b) is amended by striking ``Secretary of
            Transportation'' and inserting ``Administrator of the Maritime
            Administration''.

    [[Page 119 STAT. 3557]]

                (4) <<NOTE: Repeal.>> Section 3528 of the Maritime Security
            Act of 2003 (46 U.S.C. App. 1271 note) is repealed.

        (d) Technical Correction of Section Numbering.--Title XI of the
    Merchant Marine Act, 1936 (46 U.S.C. App. 1271 et seq.) is amended by
    redesignating the second <<NOTE: 46 USC app. 1279f, 1279g.>> sections
    1111 and 1112, as added by section 303 of the Sustainable Fisheries Act
    (Public Law 104-297; 110 Stat. 3616), as sections 1113 and 1114,
    respectively.

    SEC. 3508. TECHNICAL CORRECTIONS.

        (a) Intermodal Centers.--Section 9008(b)(1) of the Safe,
    Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
    Users is amended by <<NOTE: Ante, p. 1926.>> striking ``section
    5309(m)(1)(C)'' and inserting ``paragraphs (1)(C) and (2)(C) of section
    5309(m)''.

        (b) Intermodal Surface Freight Transfer Facility Eligibility.--
    Section 9008(b)(2) of that Act is amended by striking ``section
    181(9)(D)'' and inserting ``181(8)(D)''.

    SEC. 3509. UNITED STATES MARITIME SERVICE.

        Section 1306(a) of the Maritime Education and Training Act of 1980
    (46 U.S.C. App. 1295e(a)), is amended by inserting ``and to perform
    functions to assist the United States merchant marine, as determined
    necessary by the Secretary,'' after ``United States'' the second place
    it appears.

    SEC. 3510. AWARDS AND MEDALS.

        Section 5(c) of the Merchant Marine Decorations and Medals Act (46
    U.S.C. App. 2004(c)) is amended by striking ``provide at cost, or
    authorize for the manufacture and sale at reasonable prices by private
    persons--'' and inserting ``provide--''.

        Approved January 6, 2006.

    LEGISLATIVE HISTORY--H.R. 1815 (S. 1042) (S. 1043):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: Nos. 109-89 (Comm. on Armed Services) and 109-360 (Comm.
    of Conference).
    SENATE REPORTS: No. 109-69 accompaying S. 1042 (Comm. on Armed
    Services).
    CONGRESSIONAL RECORD, Vol. 151 (2005):
                May 25, considered and passed House.
                Nov. 15, considered and passed Senate, amended, in lieu of
                    S. 1042.
                Dec. 18, House agreed to conference report.
                Dec. 19, 21, Senate considered and agreed to conference
                    report.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
                Jan. 6, Presidential statement.

                                      <all>