[United States Statutes at Large, Volume 119, 109th Congress, 1st Session]
[From the U.S. Government Printing Office, www.gpo.gov]
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. <>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Authorization Act
for Fiscal Year 2006''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into three divisions as
follows:
(1) Division A--Department of Defense Authorizations.
(2) Division B--Military Construction Authorizations.
(3) Division C--Department of Energy National Security
Authorizations and Other Authorizations.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Division A--Department of Defense Authorizations
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 3150]]
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.
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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 3152]]
119 STAT. 3152
Sec. 3509. United States Maritime Service.
Sec. 3510. Awards and medals.
SEC. 3. <> CONGRESSIONAL DEFENSE COMMITTEES.
For purposes of this Act, the term ``congressional defense
committees'' has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Subtitle B--Army Programs
Sec. 111. Multiyear procurement authority for utility helicopters.
Sec. 112. Multiyear procurement authority for modernized target
acquisition designation sight/pilot night vision sensors for
AH-64 Apache attack helicopters.
Sec. 113. Multiyear procurement authority for conversion of AH-64A
Apache attack helicopters to the AH-64D Block II
configuration.
Sec. 114. Acquisition strategy for tactical wheeled vehicle programs.
Sec. 115. Report on Army Modular Force Initiative.
Subtitle C--Navy Programs
Sec. 121. Virginia-class submarine program.
Sec. 122. LHA Replacement (LHA(R)) amphibious assault ship program.
Sec. 123. Cost limitation for next-generation destroyer program.
Sec. 124. Littoral Combat Ship (LCS) program.
Sec. 125. Prohibition on acquisition of next-generation destroyer
through a single shipyard.
Sec. 126. Aircraft carrier force structure.
Sec. 127. Refueling and complex overhaul of the U.S.S. Carl Vinson.
Sec. 128. CVN-78 aircraft carrier.
Sec. 129. LHA Replacement (LHA(R)) ship.
Sec. 130. Report on alternative propulsion methods for surface
combatants and amphibious warfare ships.
Subtitle D--Air Force Programs
Sec. 131. C-17 aircraft program and assessment of intertheater airlift
requirements.
Sec. 132. Prohibition on retirement of KC-135E aircraft.
Sec. 133. Prohibition on retirement of F-117 aircraft during fiscal year
2006.
Sec. 134. Prohibition on retirement of C-130E/H tactical airlift
aircraft during fiscal year 2006.
Sec. 135. Procurement of C-130J/KC-130J aircraft after fiscal year 2005.
Sec. 136. Report on Air Force aircraft aeromedical evacuation programs.
Subtitle E--Joint and Multiservice Matters
Sec. 141. Requirement that tactical unmanned aerial vehicles use
specified standard data link.
Sec. 142. Limitation on initiation of new unmanned aerial vehicle
systems.
Sec. 143. Advanced SEAL Delivery System.
Subtitle A--Authorization of Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fiscal year 2006
for procurement for the Army as follows:
[[Page 3153]]
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 3154]]
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 3155]]
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 3156]]
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 3157]]
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 3158]]
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 3159]]
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 3160]]
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 3161]]
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 <> 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 3162]]
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) <> 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 3163]]
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 3164]]
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 3165]]
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 3166]]
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:
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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. <> 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 3168]]
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. <> 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
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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 3170]]
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 3171]]
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) <> 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 3172]]
119 STAT. 3172
such proposed budgets provide balanced support for the plan
required under subsection (a)(3).
(3) <> Actions of secretary of
defense.--The Secretary of Defense shall, not later than March
31 of the year preceding the fiscal year for which such budgets
are proposed, submit to Congress a report on those proposed
budgets which the head of the single joint program office has
not certified under paragraph (2) to be adequate, including a
discussion of the actions that the Secretary proposes to take to
address the inadequacy of the proposed budgets.
(d) <> Report on Implementation
Required.--Not later than May 1, 2006, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives a report on
the implementation of this section.
SEC. 219. LIMITATION ON SYSTEMS DEVELOPMENT AND DEMONSTRATION OF
PERSONNEL RECOVERY VEHICLE.
Not more than 40 percent of the amounts made available pursuant to
the authorization of appropriations in section 201 for systems
development and demonstration of the Personnel Recovery Vehicle may be
obligated until 30 days after the date on which the Secretary of Defense
submits to the congressional defense committees each of the following:
(1) The Secretary's certification that the requirements for
the Personnel Recovery Vehicle have been validated by the Joint
Requirements Oversight Council and that the acquisition 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 3173]]
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
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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. <> 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 3175]]
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. <> 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 3176]]
119 STAT. 3176
SEC. 242. <> TRANSITION OF TRANSFORMATIONAL
MANUFACTURING PROCESSES AND TECHNOLOGIES TO DEFENSE
MANUFACTURING BASE.
(a) Prototypes and Test Beds.--The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall undertake the development
of prototypes and test beds to validate the manufacturing processes and
technologies selected for transition under the pilot program under
section 241.
(b) Diffusion of Enhancements.--The Under Secretary shall seek the
cooperation of industry in adopting such manufacturing processes and
technologies through the following:
(1) The Manufacturing Extension Partnership Program.
(2) The identification of incentives for industry to
incorporate and utilize such manufacturing processes and
technologies.
SEC. 243. <> MANUFACTURING TECHNOLOGY
STRATEGIES.
(a) In General.--The Under Secretary of Defense for Acquisition,
Technology, and Logistics may--
(1) identify an area of technology where the development of
an industry-prepared roadmap for new manufacturing and
technology processes applicable to defense manufacturing
requirements would be beneficial to the Department of Defense;
and
(2) establish a task force, and act in cooperation, with the
private sector to map the strategy for the development of
manufacturing processes and technologies needed to support
technology development in the area identified under paragraph
(1).
(b) <> Commencement of Roadmapping.--The Under
Secretary shall commence any roadmapping identified pursuant to
subsection (a)(1) not later than January 2007.
SEC. 244. <> REPORT.
(a) In General.--Not later than December 31, 2007, the Under
Secretary of the Defense for Acquisition, Technology, and Logistics
shall submit to the congressional defense committees a report on the
actions undertaken by the Under Secretary under this subtitle during
fiscal year 2006.
(b) Elements.--The report under subsection (a) shall include--
(1) a comprehensive description of the actions undertaken
under this subtitle during fiscal year 2006;
(2) an assessment of effectiveness of such actions in
enhancing research and development on manufacturing technologies
and processes, and the implementation of such within the defense
manufacturing base; and
(3) such recommendations as the Under Secretary considers
appropriate for additional actions to be undertaken in order to
increase the effectiveness of the actions undertaken under this
subtitle in enhancing manufacturing activities within the
defense manufacturing base.
SEC. 245. <> DEFINITIONS.
In this subtitle:
(1) Defense manufacturing base.--The term ``defense
manufacturing base'' includes any supplier of the Department of
Defense, including a supplier of raw materials.
[[Page 3177]]
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 3178]]
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 3179]]
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 3180]]
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) <> 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 3181]]
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. <> 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 3182]]
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 3183]]
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 3184]]
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 3185]]
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. <> 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 3186]]
119 STAT. 3186
note) is amended by striking ``After September 30, 2005'' and inserting
``After September 30, 2007''.
(b) <> Ratification of Actions.--The
amendment made by subsection (a) shall be deemed to have taken effect at
the close of September 30, 2005, and any obligation or expenditure of
funds by the Department of Defense during the period beginning on
October 1, 2005, and ending on the date of the enactment of this Act to
modify or procure a Department of Defense aircraft, ship, armored
vehicle, or indirect-fire weapon system that is not equipped with a
Global Positioning System receiver is hereby ratified with respect to
the provision of law specified in subsection (a).
SEC. 261. REPORT ON DEVELOPMENT AND USE OF ROBOTICS AND UNMANNED GROUND
VEHICLE SYSTEMS.
(a) Report Required.--Not later than nine months after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition, Technology, and Logistics shall submit to the congressional
defense committees a report on the development and utilization of
robotics and unmanned ground vehicle systems by the Department of
Defense.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) A description of the utilization of robotics and
unmanned ground vehicle systems in current military operations.
(2) A description of the manner in which the development of
robotics and unmanned ground vehicle systems capabilities
supports current major acquisition programs of the Department of
Defense.
(3) A description, including budget estimates, of all
Department programs and activities on robotics and unmanned
ground vehicle systems for fiscal years 2004 through 2012,
including the Joint Robotics Program and other programs and
activities relating to research, development, test and
evaluation, procurement, and operation and maintenance.
(4) A description of the long-term research and development
strategy of the Department on technology for the development and
integration of new robotics and unmanned ground vehicle systems
capabilities in support of Department missions.
(5) A description of any planned demonstration or
experimentation activities of the Department that will support
the development and deployment of robotics and unmanned ground
vehicle systems by the Department.
(6) A statement of the Department organizations currently
participating in the development of new robotics or unmanned
ground vehicle systems capabilities, including the specific
missions of each such organization in such efforts.
(7) A description of the activities of the Department to
collaborate with industry, academia, and other government and
nongovernmental organizations in the development of new
capabilities in robotics and unmanned ground vehicle systems.
(8) An assessment of the short-term and long-term ability of
the industrial base of the United States to support the
production of robotics and unmanned ground vehicle systems to
meet Department requirements.
(9) An assessment of the progress being made to achieve the
goal established by section 220(a)(2) of the Floyd D. Spence
[[Page 3187]]
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 3188]]
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 3189]]
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 3190]]
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 3191]]
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 3192]]
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 3193]]
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 3194]]
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 3195]]
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 3196]]
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 3197]]
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 <> 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 3198]]
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 3199]]
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) <> 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 3200]]
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. <> 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 3201]]
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 3202]]
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 3203]]
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. <> 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 3204]]
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. <> 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 3205]]
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 3206]]
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 3207]]
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 3208]]
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 3209]]
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 3210]]
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 3211]]
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) <> The Secretary of Defense shall
prescribe regulations specifying the conditions that may be attached to
a gift, devise, or bequest accepted under this subsection.
``(4) <> The authority to accept gifts,
devises, or bequests under this subsection expires on December 31, 2007.
``(c) Gift Funds.--Gifts and bequests of money, and the proceeds of
the sale of property, received under subsection (a) or (b) shall be
deposited in the Treasury in the following accounts:
``(1) The Department of the Army General Gift Fund, in the
case of deposits made by the Secretary of the Army.
``(2) The Department of the Navy General Gift Fund, in the
case of deposits made by the Secretary of the Navy.
``(3) The Department of the Air Force General Gift Fund, in
the case of deposits made by the Secretary of the Air Force.
``(4) The Coast Guard General Gift Fund, in the case of
deposits made by the Secretary of Homeland Security.
[[Page 3212]]
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 <> determines to be warranted. The Comptroller
General shall submit to Congress a report on the results of each such
audit.
[[Page 3213]]
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 3214]]
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 3215]]
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 3216]]
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 3217]]
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. <> 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 3218]]
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. <> 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 3219]]
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. <> ADDITIONAL AUTHORITY FOR INCREASES
OF ARMY AND MARINE CORPS ACTIVE DUTY END STRENGTHS FOR
FISCAL YEARS 2007 THROUGH 2009.
Effective <> October 1, 2006, the text of
section 403 of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1863) is amended to
read as follows:
``(a) Authority.--
``(1) Army.--For each of fiscal years 2007, 2008, and 2009,
the Secretary of Defense may, as the Secretary determines
necessary for the purposes specified in paragraph (3), establish
the active-duty end strength for the Army at a number greater
than the number otherwise authorized by law up to the number
equal to the fiscal-year 2006 baseline plus 20,000.
``(2) Marine corps.--For each of fiscal years 2007, 2008,
and 2009, the Secretary of Defense may, as the Secretary
determines necessary for the purposes specified in paragraph
(3), establish the active-duty end strength for the Marine Corps
at a number greater than the number otherwise authorized by law
up to the number equal to the fiscal-year 2006 baseline plus
5,000.
``(3) Purpose of increases.--The purposes for which
increases may be made in Army and Marine Corps active duty end
strengths under paragraphs (1) and (2) are--
``(A) to support operational missions; and
``(B) to achieve transformational reorganization
objectives, including objectives for increased numbers
of combat
[[Page 3220]]
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. <> 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 3221]]
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. <> END STRENGTHS FOR RESERVES ON
ACTIVE DUTY IN SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the reserve
components of the Armed Forces are authorized, as of September 30, 2006,
the following number of Reserves to be serving on full-time active duty
or full-time duty, in the case of members of the National Guard, for the
purpose of organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 27,396.
(2) The Army Reserve, 15,270.
(3) The Navy Reserve, 13,392.
(4) The Marine Corps Reserve, 2,261.
(5) The Air National Guard of the United States, 13,123.
(6) The Air Force Reserve, 2,290.
SEC. 413. <> END STRENGTHS FOR MILITARY
TECHNICIANS (DUAL STATUS).
The minimum number of military technicians (dual status) as of the
last day of fiscal year 2006 for the reserve components of the Army and
the Air Force (notwithstanding section 129 of title 10, United States
Code) shall be the following:
(1) For the Army Reserve, 7,649.
(2) For the Army National Guard of the United States,
25,563.
(3) For the Air Force Reserve, 9,852.
(4) For the Air National Guard of the United States, 22,971.
SEC. 414. FISCAL YEAR 2006 LIMITATION ON NUMBER OF NON-DUAL STATUS
TECHNICIANS.
(a) Limitations.--
(1) National guard.--Within the limitation provided in
section 10217(c)(2) of title 10, United States Code, the number
of non-dual status technicians employed by the National Guard as
of September 30, 2006, may not exceed the following:
(A) For the Army National Guard of the United
States, 1,600.
(B) For the Air National Guard of the United States,
350.
(2) Army reserve.--The number of non-dual status technicians
employed by the Army Reserve as of September 30, 2006, may not
exceed 695.
(3) Air force reserve.--The number of non-dual status
technicians employed by the Air Force Reserve as of September
30, 2006, may not exceed 90.
[[Page 3222]]
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 3223]]
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 3224]]
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 3225]]
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 3226]]
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 3227]]
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 3228]]
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) <> 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 3229]]
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 3230]]
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 3231]]
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 3232]]
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) <> 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 3233]]
119 STAT. 3233
Delaware, Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk,
Sullivan, Ulster, and Westchester.
(2) In the State of Virginia: Arlington.
(d) <> Applicability.--Subsection (a) shall
take effect as of September 11, 2001.
SEC. 515. REDESIGNATION OF THE NAVAL RESERVE AS THE NAVY RESERVE.
(a) Redesignation of Reserve Component.--
(1) <> Redesignation.--The reserve
component of the Armed Forces known as the Naval Reserve is
redesignated as the Navy Reserve.
(2) Conforming repeal.--Section 517 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005 (Public
Law 108-375; 118 Stat. 1884; 10 U.S.C. 10101 note) is repealed.
(b) Conforming Amendments to Title 10, United States Code.--
(1) Text amendments.--Title 10, United States Code, is
amended by striking ``Naval Reserve'' each place it appears in
the following provisions and inserting ``Navy Reserve'':
(A) Section 513(a).
(B) Section 516.
(C) Section 526(b)(2)(C)(i).
(D) Section 971(a).
(E) Section 5001(a)(1).
(F) Section 5143.
(G) Section 5596(c).
(H) Section 6323(f).
(I) Section 6327.
(J) Section 6330(b).
(K) Section 6331(a)(2).
(L) Section 6336.
(M) Section 6389.
(N) Section 6911(c)(1).
(O) Section 6913(a).
(P) Section 6915.
(Q) Section 6954(b)(3).
(R) Section 6956(a)(2).
(S) Section 6959.
(T) Section 7225.
(U) Section 7226.
(V) Section 7605(1).
(W) Section 7852.
(X) Section 7853.
(Y) Section 7854.
(Z) Section 10101(3).
(AA) Section 10108.
(BB) Section 10172.
(CC) Section 10301(a)(7).
(DD) Section 10303.
(EE) Section 12004(e)(2).
(FF) Section 12005.
(GG) Section 12010.
(HH) Section 12011(a)(2).
(II) Section 12012(a).
(JJ) Section 12103.
[[Page 3234]]
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 3235]]
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 3236]]
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 3237]]
119 STAT. 3237
(h) Other References.--Any <> reference in
any law, regulation, document, record, or other paper of the United
States to the Naval Reserve, other than a reference to the Naval Reserve
regarding the United States Naval Reserve Retired List, shall be
considered to be a reference to the Navy Reserve.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 3238]]
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. <> 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 3239]]
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 3240]]
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 <> section 2163(b) of title 10, United States Code, as amended by
subsection (a), shall take effect for degrees awarded after May 2005.
SEC. 522. AUTHORITY FOR CERTAIN PROFESSIONAL MILITARY EDUCATION SCHOOLS
TO RECEIVE FACULTY RESEARCH GRANTS FOR CERTAIN PURPOSES.
(a) National Defense University.--Section 2165 of title 10, United
States Code, is amended by adding at the end the following new
subsection:
``(e) Acceptance of Faculty Research Grants.--(1) The Secretary of
Defense may authorize the President of the National Defense University
to accept qualifying research grants. Any such grant may only be
accepted if the work under the grant is to be carried out by a professor
or instructor of one of the institutions comprising the University for a
scientific, literary, or educational purpose.
``(2) A qualifying research grant under this subsection is a grant
that is awarded on a competitive basis by an entity referred to in
paragraph (3) for a research project with a scientific, literary, or
educational purpose.
``(3) A grant may be accepted under this subsection only from a
corporation, fund, foundation, educational institution, or similar
entity that is organized and operated primarily for scientific,
literary, or educational purposes.
``(4) The Secretary shall establish an account for administering
funds received as research grants under this subsection. The President
of the University shall use the funds in the account in accordance with
applicable provisions of the regulations and the terms and condition of
the grants received.
``(5) Subject to such limitations as may be provided in
appropriations Acts, appropriations available for the National Defense
University may be used to pay expenses incurred by the University in
applying for, and otherwise pursuing, the award of qualifying research
grants.
``(6) The <> Secretary shall prescribe
regulations for the administration of this subsection.''.
(b) Army War College.--
(1) In general.--Chapter 407 of such title is amended by
adding at the end the following new section:
``Sec. 4417. United States Army War College: acceptance of grants for
faculty research for scientific, literary, and
educational purposes
``(a) Acceptance of Research Grants.--The Secretary of the Army may
authorize the Commandant of the United States Army War College to accept
qualifying research grants. Any such grant may only be accepted if the
work under the grant is to be carried out by a professor or instructor
of the College for a scientific, literary, or educational purpose.
[[Page 3241]]
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 3242]]
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 3243]]
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) <> 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 3244]]
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 3245]]
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 3246]]
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 3247]]
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 <> 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 3248]]
119 STAT. 3248
of the cadet or midshipman only in accordance with regulations
prescribed under paragraph (2).
``(2) <> The Secretary of Defense shall
prescribe in regulations the policies and procedures for suspending
payments under paragraph (1). The regulations shall apply uniformly to
all of the military departments. The regulations shall include the
following matters:
``(A) The standards of health-related fitness that are to be
applied.
``(B) Requirements for--
``(i) the health-related condition and prognosis of
a cadet or midshipman to be determined, in relation to
the applicable standards prescribed under subparagraph
(A), by a health care professional on the basis of a
medical examination of the cadet or midshipman; and
``(ii) the Secretary concerned to take into
consideration the determinations made under clause (i)
with respect to such condition in deciding whether to
suspend payment in the case of such cadet or midshipman
on the basis of that condition.
``(C) A requirement for the Secretary concerned to transmit
to a cadet or midshipman proposed for suspension under this
subsection a notification of the proposed suspension together
with the determinations made under subparagraph (B)(i) in the
case of the proposed suspension.
``(D) A procedure for a cadet or midshipman proposed for
suspension under this subsection to submit a written response to
the proposal for suspension, including any supporting
information.
``(E) Requirements for--
``(i) one or more health-care professionals to
review, in the case of such a response of a cadet or
midshipman, each health-related condition and prognosis
addressed in the response, taking into consideration the
matters submitted in such response; and
``(ii) the Secretary concerned to take into
consideration the determinations made under clause (i)
with respect to such condition in making a final
decision regarding whether to suspend payment in the
case of such cadet or midshipman on the basis of that
condition, and the conditions under which such
suspension may be lifted.''.
(b) Time for <> Promulgation of
Regulations.--The Secretary of Defense shall prescribe the regulations
required under subsection (j) of section 2107 of title 10, United States
Code (as added by subsection (a)), not later than May 1, 2006.
SEC. 534. ELIGIBILITY OF UNITED STATES NATIONALS FOR APPOINTMENT TO THE
SENIOR RESERVE OFFICERS' TRAINING CORPS.
(a) In General.--Section 2107(b)(1) of title 10, United States Code,
is amended by inserting ``or national'' after ``citizen''.
(b) Army Reserve Officers Training Programs.--Section 2107a(b)(1)(A)
of such title is amended by inserting ``or national'' after ``citizen''.
(c) Eligibility for Appointment as Commissioned Officers.--Section
532(f) of such title is amended by inserting ``, or for a United States
national otherwise eligible for appointment as a cadet or midshipman
under section 2107(a) of this title or
[[Page 3249]]
119 STAT. 3249
as a cadet under section 2107a of this title,'' after ``for permanent
residence''.
SEC. 535. <> PROMOTION OF FOREIGN LANGUAGE
SKILLS AMONG MEMBERS OF THE RESERVE OFFICERS' TRAINING
CORPS.
(a) In General.--The Secretary of Defense shall support the
acquisition of foreign language skills among cadets and midshipmen in
the Reserve Officers' Training Corps, including through the development
and implementation of--
(1) incentives for cadets and midshipmen to participate in
study of a foreign language, including special emphasis for
Arabic, Chinese, and other ``strategic languages'', as defined
by the Secretary of Defense in consultation with other relevant
agencies; and
(2) a recruiting strategy to target foreign language
speakers, including members of heritage communities, to
participate in the Reserve Officers' Training Corps.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Armed Services the Senate and the Committee on Armed Services of the
House of Representatives a report on the actions taken to carry out this
section.
SEC. 536. DESIGNATION OF IKE SKELTON EARLY COMMISSIONING PROGRAM
SCHOLARSHIPS.
Section 2107a of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(j) Financial assistance provided under this section to a cadet
appointed at a military junior college is designated as, and shall be
known as, an `Ike Skelton Early Commissioning Program Scholarship'.''.
PART IV--OTHER MATTERS
SEC. 537. ENHANCEMENT OF EDUCATIONAL LOAN REPAYMENT AUTHORITIES.
(a) Additional Loans Eligible for Repayment.--Paragraph (1) of
section 2171(a) of title 10, United States Code, is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(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 3250]]
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 <> 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 3251]]
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 <> 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 3252]]
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 3253]]
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 3254]]
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 3255]]
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 3256]]
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 <> 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 3257]]
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 3258]]
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 3259]]
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 3260]]
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 3261]]
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 3262]]
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 3263]]
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 <> Maximum Punishments.--Until
the President otherwise provides pursuant to section 856 of title 10,
United States Code (article 56 of the Uniform Code of Military Justice),
the punishment which a court-martial may direct for an offense under
section 920 of such title (article 120 of the Uniform Code of Military
Justice), as amended by subsection (a), may not exceed the following
limits:
(1) Subsections (a) and (b).--For an offense under
subsection (a) (rape) or subsection (b) (rape of a child), death
or such other punishment as a court-martial may direct.
(2) Subsection (c).--For an offense under subsection (c)
(aggravated sexual assault), dishonorable discharge, forfeiture
of all pay and allowances, and confinement for 30 years.
(3) Subsections (d) and (e).--For an offense under
subsection (d) (aggravated sexual assault of a child) or
subsection (e) (aggravated sexual contact), dishonorable
discharge, forfeiture of all pay and allowances, and confinement
for 20 years.
(4) Subsections (f) and (g).--For an offense under
subsection (f) (aggravated sexual abuse of a child) or
subsection (g) (aggravated sexual contact with a child),
dishonorable discharge, forfeiture of all pay and allowances,
and confinement for 15 years.
(5) Subsections (h) through (j).--For an offense under
subsection (h) (abusive sexual contact), subsection (i) (abusive
sexual contact with a child), or subsection (j) (indecent
liberty with a child), dishonorable discharge, forfeiture of all
pay and allowances, and confinement for 7 years.
(6) Subsections (k) and (l).--For an offense under
subsection (k) (indecent act) or subsection (l) (forcible
pandering), dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 5 years.
(7) Subsections (m) and (n).--For an offense under
subsection (m) (wrongful sexual contact) or subsection (n)
(indecent exposure), dishonorable discharge, forfeiture of all
pay and allowances, and confinement for one year.
(c) Applicability.--Section <> 920 of title
10, United States Code (article 120 of the Uniform Code of Military
Justice), as amended by subsection (a), shall apply with respect to
offenses committed on or after the effective date specified in
subsection (f).
(d) Aggravating Factors for Offense of Murder.--Section 918 of title
10, United States Code (article 118 of the Uniform Code of Military
Justice), is amended in paragraph (4) by striking ``rape,'' and
inserting ``rape, rape of a child, aggravated sexual assault, aggravated
sexual assault of a child, aggravated sexual contact, aggravated sexual
abuse of a child, aggravated sexual contact with a child,''.
(e) Statute of Limitations.--Section 843(a) of title 10, United
States Code (article 843(a) of the Uniform Code of Military Justice), as
amended by section 553(a), is amended by striking ``or rape,'' and
inserting ``, rape, or rape of a child,''.
(f) Effective Date.--The <> amendments made
by this section shall take effect on October 1, 2007.
[[Page 3264]]
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. <> REPORTS BY OFFICERS AND SENIOR
ENLISTED MEMBERS OF CONVICTION OF CRIMINAL LAW.
(a) Requirement for Reports.--
(1) In general.--The <> Secretary of
Defense shall prescribe in regulations a requirement that each
covered member of the Armed Forces shall submit to an authority
in the military department concerned designated pursuant to such
regulations a timely report of any conviction of such member by
any law enforcement authority of the United States for a
violation of a criminal law of the United States, whether or not
the member is on active duty at the time of the conduct that
provides the basis for the conviction. The regulations shall
apply uniformly throughout the military departments.
(2) Covered members.--In this section, the term ``covered
member of the Armed Forces'' means a member of the Army, Navy,
Air Force, or Marine Corps who is on the active-duty list or the
reserve active-status list and who is--
(A) an officer; or
(B) an enlisted member in a pay grade above pay
grade E-6.
(b) Law Enforcement Authority of the United States.--For purposes of
this section, a law enforcement authority of the United States
includes--
(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 3265]]
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 <> 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 3266]]
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 3267]]
119 STAT. 3267
SEC. 562. <> POLICY AND PROCEDURES ON CASUALTY
ASSISTANCE TO SURVIVORS OF MILITARY DECEDENTS.
(a) Comprehensive Policy on Casualty Assistance.--
(1) Policy required.--Not later than August 1, 2006, the
Secretary of Defense shall prescribe a comprehensive policy for
the Department of Defense on the provision of casualty
assistance to survivors and next of kin of members of the Armed
Forces who die during military service (in this section referred
to as ``military decedents'').
(2) Consultation.--The Secretary shall develop the policy
under paragraph (1) in consultation with the Secretaries of the
military departments, the Secretary of Veterans Affairs, and the
Secretary of Homeland Security with respect to the Coast Guard.
(3) Incorporation of past experience and practice.--The
policy developed under paragraph (1) shall be based on--
(A) the experience and best practices of the
military departments;
(B) the recommendations of nongovernment
organizations with demonstrated expertise in responding
to the needs of survivors of military decedents; and
(C) such other matters as the Secretary of Defense
considers appropriate.
(4) Procedures.--The policy shall include procedures to be
followed by the military departments in the provision of
casualty assistance to survivors and next of kin of military
decedents. The procedures shall be uniform across the military
departments except to the extent necessary to reflect the
traditional practices or customs of a particular military
department.
(b) Elements of Policy.--The comprehensive policy developed under
subsection (a) shall address the following matters:
(1) The initial notification of primary and secondary next
of kin of the deaths of military decedents and any subsequent
notifications of next of kin warranted by circumstances.
(2) The transportation and disposition of remains of
military decedents, including notification of survivors of the
performance of autopsies.
(3) The qualifications, assignment, training, duties,
supervision, and accountability for the performance of casualty
assistance responsibilities.
(4) The relief or transfer of casualty assistance officers,
including notification to survivors and next of kin of the
reassignment of such officers to other duties.
(5) Centralized, short-term and long-term case-management
procedures for casualty assistance by each military department,
including rapid access by survivors of military decedents and
casualty assistance officers to expert case managers and
counselors.
(6) The provision, through a computer accessible Internet
website and other means and at no cost to survivors of military
decedents, of personalized, integrated information on the
benefits and financial assistance available to such survivors
from the Federal Government.
(7) The provision, at no cost to survivors of military
decedents, of legal assistance by military attorneys on matters
arising from the deaths of such decedents, including tax
matters, on an expedited, prioritized basis.
[[Page 3268]]
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 <> 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 3269]]
119 STAT. 3269
SEC. 563. <> POLICY AND PROCEDURES ON ASSISTANCE
TO SEVERELY WOUNDED OR INJURED SERVICE MEMBERS.
(a) Comprehensive Policy.--
(1) Policy required.--Not later than June 1, 2006, the
Secretary of Defense shall prescribe a comprehensive policy for
the Department of Defense on the provision of assistance to
members of the Armed Forces who incur severe wounds or injuries
in the line of duty (in this section referred to as ``severely
wounded or injured servicemembers'').
(2) Consultation.--The Secretary shall develop the policy
required by paragraph (1) in consultation with the Secretaries
of the military departments, the Secretary of Veterans Affairs,
and the Secretary of Labor.
(3) Incorporation of past experience and practice.--The
policy required by paragraph (1) shall be based on--
(A) the experience and best practices of the
military departments, including the Army Wounded Warrior
Program, the Marine Corps Marine for Life Injured
Support Program, the Air Force Palace HART program, and
the Navy Wounded Marines and Sailors Initiative;
(B) the recommendations of nongovernment
organizations with demonstrated expertise in responding
to the needs of severely wounded or injured
servicemembers; and
(C) such other matters as the Secretary of Defense
considers appropriate.
(4) Procedures and standards.--The policy shall include
guidelines to be followed by the military departments in the
provision of assistance to severely wounded or injured
servicemembers. The procedures and standards shall be uniform
across the military departments except to the extent necessary
to reflect the traditional practices or customs of a particular
military department. The procedures and standards shall
establish a minimum level of support and shall specify the
duration of programs.
(b) Elements of Policy.--The comprehensive policy developed under
subsection (a) shall address the following matters:
(1) Coordination with the Severely Injured Joint Support
Operations Center of the Department of Defense.
(2) Promotion of a seamless transition to civilian life for
severely wounded or injured servicemembers who are or are likely
to be separated on account of their wound or injury.
(3) Identification and resolution of special problems or
issues related to the transition to civilian life of severely
wounded or injured servicemembers who are members of the reserve
components.
(4) The qualifications, assignment, training, duties,
supervision, and accountability for the performance of
responsibilities for the personnel providing assistance to
severely wounded or injured servicemembers.
(5) Centralized, short-term and long-term case-management
procedures for assistance to severely wounded or injured
servicemembers by each military department, including rapid
access for severely wounded or injured servicemembers to case
managers and counselors.
(6) The provision, through a computer accessible Internet
website and other means and at no cost to severely wounded
[[Page 3270]]
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 <> Military Departments.--Not
later than September 1, 2006, the Secretary of each military department
shall prescribe regulations, or modify current regulations, on the
policies and procedures of such military department on the provision of
assistance to severely wounded or injured servicemembers in order to
conform such policies and procedures to the policy prescribed under
subsection (a).
SEC. 564. DESIGNATION BY MEMBERS OF THE ARMED FORCES OF PERSONS
AUTHORIZED TO DIRECT THE DISPOSITION OF MEMBER REMAINS.
(a) In General.--Not <> later than June 1, 2006,
the Secretary of Defense shall complete, and the Secretaries of the
military departments shall implement, Department of Defense Instruction
1300.18, including interim policy guidance, regarding the requirement to
have service members designate a person authorized to direct disposition
of their remains should they become a casualty.
(b) Report.--Not later than July 1, 2006, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate and the
House of Representatives a report on the actions taken by the Secretary,
and by the Secretaries of the military departments, to carry out the
requirement in subsection (a).
Subtitle G--Assistance to Local Educational Agencies for Defense
Dependents Education
SEC. 571. EXPANSION OF AUTHORIZED ENROLLMENT IN DEPARTMENT OF DEFENSE
DEPENDENTS SCHOOLS OVERSEAS.
The Defense Dependents' Education Act of 1978 (20 U.S.C. 931 et
seq.) is amended by inserting after section 1404 the following new
section:
``enrollment of certain additional children on tuition-free basis
``Sec. 1404A. (a) Enrollment <> Authorized.--Under regulations to be prescribed by the Secretary
of Defense, the Secretary may
[[Page 3271]]
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. <> 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 3272]]
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 <> 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 3273]]
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 3274]]
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 <> 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 3275]]
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 3276]]
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 <> 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 3277]]
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 3278]]
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 3279]]
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 <> 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 3280]]
119 STAT. 3280
after the date on which the commission first meets,'' and inserting
``Not later than October 1, 2007,''.
SEC. 591. <> RECRUITMENT AND ENLISTMENT OF HOME-
SCHOOLED STUDENTS IN THE ARMED FORCES.
(a) Policy on Recruitment and Enlistment.--
(1) Policy required.--The Secretary of Defense shall
prescribe a policy on the recruitment and enlistment of home-
schooled students in the Armed Forces.
(2) Uniformity across the armed forces.--The Secretary shall
ensure that the policy prescribed under paragraph (1) applies,
to the extent practicable, uniformly across the Armed Forces.
(b) Elements.--The policy under subsection (a) shall include the
following:
(1) An identification of a graduate of home schooling for
purposes of recruitment and enlistment in the Armed Forces that
is in accordance with the requirements described in subsection
(c).
(2) A communication plan to ensure that the policy described
in subsection (c) is understood by recruiting officials of all
the Armed Forces, to include field recruiters at the lowest
level of command.
(3) An exemption of graduates of home schooling from the
requirement for a secondary school diploma or an equivalent
(GED) as a precondition for enlistment in the Armed Forces.
(c) Home School Graduates.--In prescribing the policy under
subsection (a), the Secretary of Defense shall prescribe a single set of
criteria to be used by the Armed Forces in determining whether an
individual is a graduate of home schooling. The Secretary concerned
shall ensure compliance with education credential coding requirements.
(d) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given such term in section
101(a)(9) of title 10, United States Code.
SEC. 592. MODIFICATION OF REQUIREMENT FOR CERTAIN INTERMEDIARIES UNDER
CERTAIN AUTHORITIES RELATING TO ADOPTIONS.
(a) Reimbursement for Adoption Expenses.--Section 1052(g)(1) of
title 10, United States Code, is amended by inserting ``or other source
authorized to place children for adoption under State or local law''
after ``qualified adoption agency''.
(b) Treatment as Children for Medical and Dental Care Purposes.--
Section 1072(6)(D)(i) of such title is amended by inserting ``, or by
any other source authorized by State or local law to provide adoption
placement,'' after ``(recognized by the Secretary of Defense)''.
SEC. 593. ADOPTION LEAVE FOR MEMBERS OF THE ARMED FORCES ADOPTING
CHILDREN.
(a) Leave Authorized.--Section 701 of title 10, United States Code,
is amended by adding at the end the following new subsection:
``(i)(1) Under regulations prescribed by the Secretary of Defense, a
member of the armed forces adopting a child in a qualifying child
adoption is allowed up to 21 days of leave in a calendar year to be used
in connection with the adoption.
[[Page 3281]]
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 <> 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 3282]]
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 <> 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 3283]]
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. <> 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 3284]]
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 <> 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 3285]]
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 3286]]
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. <> 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 3287]]
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. <> 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 3288]]
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 3289]]
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) <> This subsection shall apply to
months beginning during the period beginning on October 1, 2005, and
ending on December 31, 2006.''.
(b) Repeal of Temporary Authority.--Section 1023 of division A of
the Emergency Supplemental Appropriations Act for Defense, the Global
War on Terror, and Tsunami Relief, 2005 (Public <> Law 109-13), is repealed.
SEC. 608. PERMANENT AUTHORITY FOR SUPPLEMENTAL SUBSISTENCE ALLOWANCE FOR
LOW-INCOME MEMBERS WITH DEPENDENTS.
(a) Repeal of Termination Provision.--Section 402a of title 37,
United States Code, is amended by striking subsection (i).
(b) Technical and Conforming Amendments.--Subsection (f) of such
section is amended--
(1) in the first sentence, by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland Security,
with respect to the Coast Guard''; and
(2) by striking the second sentence.
SEC. 609. INCREASE IN BASIC ALLOWANCE FOR HOUSING AND EXTENSION OF
TEMPORARY LODGING EXPENSES AUTHORITY FOR AREAS SUBJECT TO
MAJOR DISASTER DECLARATION OR FOR INSTALLATIONS EXPERIENCING
SUDDEN INCREASE IN PERSONNEL LEVELS.
(a) Temporary Basic Allowance for Housing Increase Authorized.--
Section 403(b) of title 37, United States Code, is amended by adding at
the end the following new paragraph:
``(7)(A) Under the authority of this paragraph, the Secretary of
Defense may prescribe a temporary increase in the rates of basic
allowance for housing otherwise prescribed for a military housing area
or a portion of a military housing area if the military housing area or
portion thereof--
``(i) is located in an area covered by a declaration by the
President under section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170) that a
major disaster exists; or
``(ii) contains one or more military installations that are
experiencing a sudden increase in the number of members of the
armed forces assigned to the installation.
``(B) The Secretary of Defense shall base the amount of the increase
to be made in the rates of basic allowance for housing for an area on a
determination by the Secretary of the amount by which the costs of
adequate housing for civilians have increased in the area by reason of
the 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 3290]]
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 <> amendments made
by this section shall apply with respect to months beginning on or after
September 1, 2005.
SEC. 610. BASIC ALLOWANCE FOR HOUSING FOR RESERVE COMPONENT MEMBERS.
(a) Equal Treatment of Reserve Members.--Subsection (g) of section
403 of title 37, United States Code, is amended--
(1) by redesignating paragraph (3) as paragraph (4);
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) The rate of basic allowance for housing to be paid to the
following members of a reserve component shall be equal to the rate in
effect for similarly situated members of a regular component of the
uniformed services:
``(A) A member who is called or ordered to active duty for a
period of more than 30 days.
``(B) A member who is called or ordered to active duty for a
period of 30 days or less in support of a contingency
operation.''; and
(3) in paragraph (4), as so redesignated, by striking ``less
than 140 days'' and inserting ``30 days or less''.
(b) Conforming Amendment Regarding Members Without Dependents.--
Paragraph (1) of such subsection is amended by inserting ``or for a
period of more than 30 days'' after ``in support of a contingency
operation'' both places it appears.
SEC. 611. <> PERMANENT INCREASE IN LENGTH OF
TIME DEPENDENTS OF CERTAIN DECEASED MEMBERS MAY CONTINUE TO
OCCUPY MILITARY FAMILY HOUSING OR RECEIVE BASIC ALLOWANCE
FOR HOUSING.
Effective immediately after the termination, pursuant to subsection
(b) of section 1022 of Public Law 109-13 (119 Stat. 251) and section 124
of Public Law 109-77 (119 Stat. 2041), of the amendments made by
subsection (a) of such section 1022, section 403(l) of title 37, United
States Code, is amended by striking ``180 days'' each place it appears
and inserting ``365 days''.
[[Page 3291]]
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 3292]]
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 <> 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 3293]]
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 <> 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 3294]]
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 3295]]
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 3296]]
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) <> 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 3297]]
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 <> 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 3298]]
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 3299]]
119 STAT. 3299
``(2) The <> Secretary concerned shall prescribe
in regulations whether repayment of an amount otherwise required under
paragraph (1) shall be made in whole or in part, the method for
computing the amount of such repayment, and any conditions under which
an exception to required repayment would apply.
``(3) An obligation to repay the United States imposed under
paragraph (1) is for all purposes a debt owed to the United States. A
discharge in bankruptcy under title 11 that is entered less than five
years after the termination of an agreement entered into under
subsection (a) or (c) does not discharge the individual signing the
agreement from a debt arising under such agreement or under paragraph
(1).
``(h) Regulations.--This section shall be administered under
regulations prescribed by the Secretary of Defense for the armed forces
under the jurisdiction of the Secretary of Defense and by the Secretary
of Homeland Security for the Coast Guard when it is not operating as a
service in the Navy.
``(i) Termination of Bonus Authority.--No bonus may be paid under
this section with respect to any agreement entered into under subsection
(a) or (c) after December 31, 2006.''.
(b) Repeal of Superseded Affiliation Bonus Authority.--Section 308e
of such title is repealed.
(c) Clerical Amendments.--The table of sections at the beginning of
chapter 5 of <> such title is amended--
(1) by striking the item relating to section 308c and
inserting the following new item:
``308c. Special pay: bonus for affiliation or enlistment in the Selected
Reserve.'';
and
(2) by striking the item relating to section 308e.
SEC. 632. EXPANSION AND ENHANCEMENT OF SPECIAL PAY FOR ENLISTED MEMBERS
OF THE SELECTED RESERVE ASSIGNED TO CERTAIN HIGH PRIORITY
UNITS.
(a) Eligibility for Pay.--Subsection (a) of section 308d of title
37, United States Code, is amended by striking ``an enlisted member''
and inserting ``a member''.
(b) Amount of Pay.--Such subsection is further amended by striking
``$10'' and inserting ``$50''.
(c) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of such section is
amended to read as follows:
``Sec. 308d. Special pay: members of the Selected Reserve assigned to
certain high priority units''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 5 of such title is amended by striking the
item relating to section 308d and inserting the following new
item:
``308d. Special pay: members of the Selected Reserve assigned to certain
high priority units.''.
SEC. 633. ELIGIBILITY REQUIREMENTS FOR PRIOR SERVICE ENLISTMENT BONUS.
Section 308i(a)(2) of title 37, United States Code, is amended--
(1) by striking subparagraph (A) and inserting the following
new subparagraph:
[[Page 3300]]
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 <> 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 3301]]
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 <> 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 3302]]
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 <> 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 3303]]
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 <> table of sections at the beginning of chapter 5 of such
title is amended by striking the
[[Page 3304]]
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 3305]]
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 <> 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 3306]]
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 <> such title is amended by
inserting after the item relating to section 327, as added by section
641, the following new item:
``328. Combat-related injury rehabilitation pay.''.
(d) Effective Date.--The <> Secretary of a
military department may provide special pay under section 328 of title
37, United States Code, as added by subsection (a), for months beginning
on or after the date of the enactment of this Act. A member of the Armed
Forces who incurred a wound, injury, or illness under the circumstances
described in subsection (a) of such section before the date of the
enactment of this Act may receive such pay for such wound, injury, or
illness for months beginning on or after that date so long as the member
continues to satisfy the eligibility criteria specified in such section.
SEC. 643. PAY AND BENEFITS TO FACILITATE VOLUNTARY SEPARATION OF
TARGETED MEMBERS OF THE ARMED FORCES.
(a) Pay and Benefits Authorized.--
(1) In general.--Chapter 59 of title 10, United States Code,
is amended by inserting after section 1175 the following new
section:
``Sec. 1175a. Voluntary separation pay and benefits
``(a) In General.--Under regulations approved by the Secretary of
Defense, the Secretary concerned may provide voluntary separation pay
and benefits in accordance with this section to eligible
[[Page 3307]]
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 3308]]
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 3309]]
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 <> title is amended by inserting after the item relating to
section 1175 the following new item:
``1175a. Voluntary separation pay and benefits.''.
[[Page 3310]]
119 STAT. 3310
(b) Limitation on Applicability.--During <> the period beginning on the date of the enactment of this Act
and ending on December 31, 2008, the members of the Armed Forces who are
eligible for separation, and for the provision of voluntary separation
pay and benefits, under section 1175a of title 10, United States Code
(as added by subsection (a)), shall be limited to officers of the Armed
Forces who meet the eligibility requirements of section 1175a(b) of
title 10, United States Code (as so added), but have not completed more
than 12 years of active service as of the date of separation from active
duty.
SEC. 644. RATIFICATION OF PAYMENT OF CRITICAL-SKILLS ACCESSION BONUS FOR
PERSONS ENROLLED IN SENIOR RESERVE OFFICERS' TRAINING CORPS
OBTAINING NURSING DEGREES.
(a) Accession Bonus Authorized.--In the case of an agreement
executed under section 324 of title 37, United States Code, from October
5, 2004, through December 31, 2005, between the Secretary of the Army
and a person who completed the second year of an accredited
baccalaureate degree program in nursing to serve in the Army Nurse
Corps, the payment of an accession bonus to the person under such
section is authorized even though the person did not possess a skill
designated as critical and, at the time of the agreement, was enrolled
in the Senior Reserve Officers' Training Corps program of the Army for
advanced training under chapter 103 of title 10, United States Code,
including a person receiving financial assistance under section 2107 of
such title.
(b) Limitation on Amount of Bonus.--The amount of the accession
bonus referred to in subsection (a) may not exceed $5,000.
SEC. 645. TEMPORARY AUTHORITY TO PAY BONUS TO ENCOURAGE MEMBERS OF THE
ARMY TO REFER OTHER PERSONS FOR ENLISTMENT IN THE ARMY.
(a) Authority to Pay Bonus.--The Secretary of the Army may pay a
bonus under this section to a member of the Army, whether in the regular
component of the Army or in the Army National Guard or Army Reserve, who
refers to an Army recruiter a person who has not previously served in an
Armed Force and who, after such referral, enlists in the regular
component of the Army or in the Army National Guard or Army Reserve.
(b) Referral.--For purposes of this section, a referral for which a
bonus may be paid under subsection (a) occurs--
(1) when a member of the Army contacts an Army recruiter on
behalf of a person interested in enlisting in the Army; or
(2) when a person interested in enlisting in the Army
contacts the Army recruiter and informs the recruiter of the
role of the member in initially recruiting the person.
(c) Certain Referrals Ineligible.--
(1) Referral of immediate family.--A member of the Army may
not be paid a bonus under subsection (a) for the referral of an
immediate family member.
(2) Members in recruiting roles.--A member of the Army
serving in a recruiting or retention assignment, or assigned to
other duties regarding which eligibility for a bonus under
subsection (a) could (as determined by the Secretary)
[[Page 3311]]
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 <> title
is amended by striking the
[[Page 3312]]
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 3313]]
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 <> 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 3314]]
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 <> Continue Allowance.--
Section 1026 of division A of the Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and Tsunami Relief, 2005
(Public Law 109-13; 119 Stat. 254), is amended by striking subsections
(d) and (e).
(b) Conforming Amendment.--Subsection (a)(2)(B)(ii) of section 411h
of title 37, United States Code, as added by section 1026 of division A
of the Emergency Supplemental Appropriations Act for Defense, the Global
War on Terror, and Tsunami Relief, 2005, is amended by striking ``under
section 1967(e)(1)(A) of title 38''.
(c) Effective Date.--The <> amendments made
by this section shall take effect on the earlier of the following:
(1) The date of the enactment of this Act.
(2) The date specified in section 106(3) of Public Law 109-
77 (119 Stat. 2039).
Subtitle D--Retired Pay and Survivor Benefits
SEC. 661. MONTHLY DISBURSEMENT TO STATES OF STATE INCOME TAX WITHHELD
FROM RETIRED OR RETAINER PAY.
Section 1045(a) of title 10, United States Code, is amended in the
third sentence--
(1) by striking ``quarter'' the first place it appears and
inserting ``month''; and
(2) by striking ``during the month following that calendar
quarter'' and inserting ``during the following calendar month''.
SEC. 662. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR INDIVIDUALS WHO
COMMITTED A CAPITAL OFFENSE.
(a) Prohibition of Interment in National Cemeteries.--Section 2411
of title 38, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``for which the
person was sentenced to death or life imprisonment'' and
inserting ``and whose conviction is final (other than a
person whose sentence was commuted by the President)'';
and
(B) in paragraph (2), by striking ``for which the
person was sentenced to death or life imprisonment
without parole'' and inserting ``and whose conviction is
final (other than a person whose sentence was commuted
by the Governor of a State)''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``the death
penalty or life imprisonment may be imposed'' and
inserting ``a sentence of imprisonment for life or the
death penalty may be imposed''; and
[[Page 3315]]
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
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 <> 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 3316]]
119 STAT. 3316
(2) Department of defense.--The <> Secretary of Defense shall prescribe regulations to
ensure that a person is not interred in any military cemetery
under the authority of the Secretary of a military department or
provided funeral honors under section 1491 of title 10, United
States Code, unless a good faith effort has been made to
determine whether such person is ineligible for such interment
or honors by reason of being a person described in section
2411(b) of title 38, United States Code, or is otherwise
ineligible for such interment or honors under Federal law.
(e) Effective Date.--The <> amendments made
by this section shall apply with respect to funerals and burials that
occur on or after the date of the enactment of this Act.
SEC. 663. <> CONCURRENT RECEIPT OF VETERANS'
DISABILITY COMPENSATION AND MILITARY RETIRED PAY.
Section 1414(a)(1) of title 10, United States Code, is amended by
inserting before the period at the end the following: ``, and in the
case of a qualified retiree receiving veterans' disability compensation
at the rate payable for a 100 percent disability by reason of a
determination of individual unemployability, payment of retired pay to
such veteran is subject to subsection (c) only during the period
beginning on January 1, 2004, and ending on September 30, 2009''.
SEC. 664. ADDITIONAL AMOUNTS OF DEATH GRATUITY FOR SURVIVORS OF CERTAIN
MEMBERS OF THE ARMED FORCES DYING ON ACTIVE DUTY.
(a) Increased Amount of Death Gratuity.--
(1) Increased amount.--Subsection (a) of section 1478 of
title 10, United States Code, is amended by striking ``$12,000''
and inserting ``$100,000''.
(2) Amendments.--Such section is further amended--
(A) in the first sentence of subsection (a), by
striking ``(as'' and all that follows in that sentence
and inserting a period; and
(B) by striking subsection (c).
(3) Effective date.--The <> amendment made by paragraph (1) shall take effect as of
October 7, 2001, and shall apply to deaths occurring on or after
the date of the enactment of this Act and, subject to subsection
(c), to deaths occurring during the period beginning on October
7, 2001, and ending on the day before the date of the enactment
of this Act.
(b) Retroactive Payment of Additional Death Gratuity for Certain
Members not Previously Covered.--Such section is further amended by
adding at the end the following new subsection:
``(d)(1) In the case of a person described in paragraph (2), a death
gratuity shall be payable, subject to section 664(c) of the National
Defense Authorization Act for Fiscal Year 2006, for the death of such
person that is in addition to the death gratuity payable in the case of
such death under subsection (a).
``(2) This subsection applies in the case of a person who died
during the period beginning on October 7, 2001, and ending on May 11,
2005, while a member of the armed forces on active duty and whose death
did not establish eligibility for an additional death gratuity under the
prior subsection (e) of this section (as added by section 1013(b) of
Public Law 109-13; 119 Stat. 247),
[[Page 3317]]
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 3318]]
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 <> 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 3319]]
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. <> 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 3320]]
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 3321]]
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 3322]]
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 <> 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 3323]]
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 <> 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 3324]]
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 <> 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 3325]]
119 STAT. 3325
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1609 of such <> title is amended by
adding at the end the following new item:
``16303. Loan repayment program: chaplains serving in the Selected
Reserve.''.
SEC. 685. INCLUSION OF SENIOR ENLISTED ADVISOR FOR THE CHAIRMAN OF THE
JOINT CHIEFS OF STAFF AMONG SENIOR ENLISTED MEMBERS OF THE
ARMED FORCES.
(a) Basic <> Pay Rate.--
(1) Equal treatment.--The rate of basic pay for an enlisted
member in the grade E-9 while serving as Senior Enlisted Advisor
for the Chairman of the Joint Chiefs of Staff shall be the same
as the rate of basic pay for an enlisted member in that grade
while serving as Sergeant Major of the Army, Master Chief Petty
Officer of the Navy, Chief Master Sergeant of the Air Force,
Sergeant Major of the Marine Corps, or Master Chief Petty
Officer of the Coast Guard, regardless of cumulative years of
service computed under section 205 of title 37, United States
Code.
(2) Effective date.--Paragraph (1) shall apply beginning on
the date on which an enlisted member of the Armed Forces is
first appointed to serve as Senior Enlisted Advisor for the
Chairman of the Joint Chiefs of Staff.
(b) Pay During Terminal Leave or While Hospitalized.--Section 210(c)
of title 37, United States Code, is amended by adding at the end the
following new paragraph:
``(6) The Senior Enlisted Advisor for the Chairman of the
Joint Chiefs of Staff.''.
(c) Personal Money Allowance.--Section 414(c) of such title is
amended--
(1) by striking ``or'' after ``Sergeant Major of the Marine
Corps,''; and
(2) by inserting before the period at the end the following:
``, or the Senior Enlisted Advisor for the Chairman of the Joint
Chiefs of Staff''.
(d) Retired Pay Base.--Section 1406(i)(3)(B) of title 10, United
States Code, is amended by adding at the end the following new clause:
``(vi) Senior Enlisted Advisor for the
Chairman of the Joint Chiefs of Staff.''.
SEC. 686. SPECIAL AND INCENTIVE PAYS CONSIDERED FOR SAVED PAY UPON
APPOINTMENT OF MEMBERS AS OFFICERS.
(a) Inclusion and Exclusion of Certain Pay Types.--Subsection (d) of
section 907 of title 37, United States Code, is amended to read as
follows:
``(d)(1) In determining the amount of the pay and allowances of a
grade formerly held by an officer, the following special and incentive
pays may be considered only so long as the officer continues to perform
the duty that creates the entitlement to, or eligibility for, that pay
and would otherwise be eligible to receive that pay in the former grade:
``(A) Incentive pay for hazardous duty under section 301 of
this title.
``(B) Submarine duty incentive pay under section 301c of
this title.
[[Page 3326]]
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 <> 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 3327]]
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. <> For the military departments, this
subsection shall be administered under regulations prescribed by the
Secretary of Defense.
``(3) An obligation to repay the United States under this subsection
is, for all purposes, a debt owed the United States. A discharge in
bankruptcy under title 11 does not discharge a person from such debt if
the discharge order is entered less than five years after--
``(A) the date of the termination of the agreement or
contract on which the debt is based; or
``(B) in the absence of such an agreement or contract, the
date of the termination of the service on which the debt is
based.
``(4) In this subsection:
``(A) The term `bonus or similar benefit' means a bonus,
incentive pay, special pay, or similar payment, or an
educational benefit or stipend, paid to a member of the
uniformed services under a provision of law that refers to the
repayment requirements of this subsection.
``(B) The term `service', as used in paragraph (3)(B),
refers to an obligation willingly undertaken by a member of the
uniformed services, in exchange for a bonus or similar benefit
offered by the Secretary of Defense or the Secretary concerned--
``(i) to remain on active duty or in an active
status in a reserve component;
``(ii) to perform duty in a specified skill, with or
without a specified qualification or credential;
``(iii) to perform duty at a specified location; or
``(iv) to perform duty for a specified period of
time.''.
(2) Applicability to title 11 cases.--In <> the case of a provision of law amended by subsection
(b), (c), or (d) of this section, paragraph (3) of subsection
(a) of section 303a of title 37, United States Code, as added by
this subsection, shall apply to any case commenced under title
11, United States Code, after March 30, 2006.
(b) Conforming Amendments to Title 37.--
(1) Aviation career officer retention bonus.--Subsection (g)
of section 301b of title 37, United States Code, is amended to
read as follows:
``(g) Repayment.--An officer who does not complete the period of
active duty specified in the agreement entered into under subsection (a)
shall be subject to the repayment provisions of section 303a(e) of this
title.''.
(2) Medical officer multiyear retention bonus.--Subsection
(c) of section 301d of such title is amended to read as follows:
[[Page 3328]]
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 3329]]
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 3330]]
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 3331]]
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 3332]]
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 3333]]
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) <> 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 3334]]
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 3335]]
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 3336]]
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) <> 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 3337]]
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) <> No Effect on Other Laws.--Nothing
in this section shall relieve any person of any obligation imposed by
any other Federal, State, or local law.
(c) <> Disclosure Form.--Not
later than 150 days after the date of the enactment of this Act, the
Secretary of Housing and Urban Development shall issue a final
disclosure form to fulfill the requirement of subclause (IV) of section
106(c)(5)(A)(ii) of the Housing and Urban Development Act of 1968, as
added by subsection (a).
(d) <> Effective Date.--The amendments
made under subsection (a) shall take effect 150 days after the date of
the enactment of this Act.
SEC. 689. EXTENSION OF ELIGIBILITY FOR SSI FOR CERTAIN INDIVIDUALS IN
FAMILIES THAT INCLUDE MEMBERS OF THE RESERVE AND NATIONAL
GUARD.
Section 1631(j)(1)(B) of the Social Security Act (42 U.S.C.
1383(j)(1)(B)) is amended by inserting ``(or 24 consecutive months, in
the case of such an individual whose ineligibility for benefits under or
pursuant to both such sections is a result of being called to active
duty pursuant to section 12301(d) or 12302 of title 10, United States
Code, or section 502(f) of title 32, United States Code)'' after ``for a
period of 12 consecutive months''.
SEC. 690. <> INFORMATION FOR MEMBERS OF THE
ARMED FORCES AND THEIR DEPENDENTS ON RIGHTS AND PROTECTIONS
OF THE SERVICEMEMBERS CIVIL RELIEF ACT.
(a) Outreach to Members.--The Secretary concerned shall provide to
each member of the Armed Forces under the jurisdiction of the Secretary
pertinent information on the rights and protections available to members
and their dependents under the Servicemembers Civil Relief Act (50
U.S.C. App. 501 et seq.).
(b) Time of Provision.--The information required to be provided
under subsection (a) to a member shall be provided at the following
times:
(1) During the initial orientation training of the member.
(2) In the case of a member of a reserve component, during
the initial orientation training of the member and when the
member is mobilized or otherwise individually called or ordered
to active duty for a period of more than one year.
(3) At such other times as the Secretary concerned considers
appropriate.
(c) Outreach to Dependents.--The Secretary concerned may provide to
the adult dependents of members under the jurisdiction of the Secretary
pertinent information on the rights and protections available to members
and their dependents under the Servicemembers Civil Relief Act.
(d) Definitions.--In this section, the terms ``dependent'' and
``Secretary concerned'' have the meanings given such terms in section
101 of the Servicemembers Civil Relief Act (50 U.S.C. App. 511).
[[Page 3338]]
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 3339]]
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 3340]]
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 3341]]
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) <> Section 1074(c) of this title shall
apply with respect to a member enrolled in TRICARE Standard under this
section.
``(e) Premiums.--(1) The Secretary of Defense shall charge premiums
for coverage pursuant to enrollments under this section. The Secretary
shall prescribe for each of the TRICARE Standard program options a
premium for self alone coverage and a premium for self and family
coverage.
``(2) The monthly amount of the premium in effect for a month for a
type of coverage under this section shall be as follows:
``(A) For members eligible under paragraph (1) or (2) of
subsection (a), the amount equal to 50 percent of the total
amount determined by the Secretary on an appropriate actuarial
basis as being reasonable for the coverage.
``(B) For members eligible under paragraph (3) of subsection
(a), the amount equal to 85 percent of the total amount
determined by the Secretary on an appropriate actuarial basis as
being reasonable for the coverage.
``(3) In determining the amount of a premium under paragraph (2),
the Secretary shall use the same actuarial basis as used under section
1076d of this title for determining the amount of premiums under that
section.
``(4) The premiums payable by a member under this subsection may be
deducted and withheld from basic pay payable to the member under section
204 of title 37 or from compensation payable to the member under section
206 of such title. <> The Secretary shall prescribe
the requirements and procedures applicable to the payment of premiums by
members.
``(5) Amounts collected as premiums under this subsection shall be
credited to the appropriation available for the Defense Health Program
Account under section 1100 of this title, shall be merged with sums in
such Account that are available for the fiscal year in which collected,
and shall be available under subsection (b) of such section for such
fiscal year.
``(f) Other Charges.--A person who receives health care pursuant to
an enrollment in TRICARE Standard under this section, including a member
who receives such health care, shall be subject to the same deductibles,
copayments, and other nonpremium charges for health care as apply under
this chapter for health care provided under TRICARE Standard to
dependents described in subparagraph (A), (D), or (I) of section 1072(2)
of this title.
``(g) Termination of Enrollment.--(1) A member enrolled in TRICARE
Standard under this section may terminate the enrollment only during an
open enrollment period provided under subsection (c).
[[Page 3342]]
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) <> 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 3343]]
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. <> 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 3344]]
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 3345]]
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) <> Effective Date.--The amendments made
by subsection (a) shall take effect on October 7, 2001, and shall apply
with respect to deaths occurring on or after that date.
SEC. 716. <> TRICARE STANDARD IN TRICARE
REGIONAL OFFICES.
(a) Responsibilities of TRICARE Regional Office.--The
responsibilities of each TRICARE Regional Office shall include the
monitoring, oversight, and improvement of the TRICARE Standard option in
the TRICARE region concerned, including--
(1) identifying health care providers who will participate
in the TRICARE program and provide the TRICARE Standard option
under that program;
(2) communicating with beneficiaries who receive the TRICARE
Standard option;
(3) outreach to community health care providers to encourage
their participation in the TRICARE program; and
(4) publication of information that identifies health care
providers in the TRICARE region concerned who provide the
TRICARE Standard option.
(b) Annual Report.--The Secretary of Defense shall submit an annual
report to the Committees on Armed Services of the Senate and the House
of Representatives on the monitoring, oversight, and improvement of
TRICARE Standard activities of each TRICARE Regional Office. The report
shall include--
(1) a description of the activities of the TRICARE Regional
Office to monitor, oversee, and improve the TRICARE Standard
option;
(2) an assessment of the participation of eligible health
care providers in TRICARE Standard in each TRICARE region; and
(3) a description of any problems or challenges that have
been identified by both providers and beneficiaries with respect
to use of the TRICARE Standard option and the actions undertaken
to address such problems or challenges.
(c) Definition.--In this section, the term ``TRICARE Standard'' or
``TRICARE standard option'' means the Civilian Health and Medical
Program of the Uniformed Services option under the TRICARE program.
SEC. 717. <> QUALIFICATIONS FOR INDIVIDUALS
SERVING AS TRICARE REGIONAL DIRECTORS.
(a) <> Qualifications.--Effective as of the
date of the enactment of this Act, no individual may be selected to
serve in the position of Regional Director under the TRICARE program
unless the indi- vidual--
[[Page 3346]]
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. <> PROGRAM FOR MENTAL HEALTH
AWARENESS FOR DEPENDENTS AND PILOT PROJECT ON POST TRAUMATIC
STRESS DISORDER.
(a) Program on Mental Health Awareness.--
(1) <> Requirement.--Not later than one
year after the date of the enactment of this Act, the Secretary
of Defense shall develop a program to improve awareness of the
availability of mental health services for, and warning signs
about mental health problems in, dependents of members of the
Armed Forces whose sponsor served or will serve in a combat
theater during the previous or next 60 days.
(2) Matters covered.--The program developed under paragraph
(1) shall be designed to--
(A) increase awareness of mental health services
available to dependents of members of the Armed Forces
on active duty;
(B) increase awareness of mental health services
available to dependents of Reservists and National Guard
members whose sponsors have been activated; and
(C) increase awareness of mental health issues that
may arise in dependents referred to in subparagraphs (A)
and (B) whose sponsor is deployed to a combat theater.
(3) Coordination.--The Secretary may permit the Department
of Defense to coordinate the program developed under paragraph
(1) with an accredited college, university, hospital-based, or
community-based mental health center or engage mental health
professionals to develop programs to help implement this
section.
(4) Availability in other languages.--The Secretary shall
evaluate whether the effectiveness of the program developed
under paragraph (1) would be improved by providing materials in
languages other than English and take action accordingly
(5) Report.--Not later than one year after implementation of
the program developed under paragraph (1), the Secretary
[[Page 3347]]
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. <> 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 3348]]
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 3349]]
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) <> Co-chairs of task force.--There
shall be two co-chairs of the task force. One of the co-chairs
shall be designated by the Secretary of the Defense at the time
of appointment from among the Department of Defense personnel
appointed to the task force. The other co-chair shall be
selected from among the members appointed from outside the
Department of Defense by members so appointed.
(c) Assessment and Recommendations on Mental Health Services.--
(1) <> In general.--Not later than
12 months after the date on which all members of the task force
have been appointed, the task force shall submit to the
Secretary a report containing an assessment of, and
recommendations for improving, the efficacy of mental health
services provided to members of the Armed Forces by the
Department of Defense.
(2) Utilization of other efforts.--In preparing the report,
the task force shall take into consideration completed and
ongoing efforts by the Department of Defense and the Department
of Veterans Affairs to improve the efficacy of mental health
care provided to members of the Armed Forces by the Departments.
(3) Elements.--The assessment and recommendations (including
recommendations for legislative or administrative action) shall
include measures to improve the following:
(A) The awareness of the potential for mental health
conditions among members of the Armed Forces.
(B) The access to and efficacy of existing programs
in primary care and mental health care to prevent,
identify, and treat mental health conditions among
members of the Armed Forces, including programs for and
with respect to forward-deployed troops.
(C) Identification and means to evaluate the
effectiveness of pilot projects authorized by section
722 with the objective of improving early diagnosis and
treatment of post traumatic stress disorder and other
mental health conditions.
(D) The access to and programs for family members of
members of the Armed Forces, including family members
overseas.
(E) The reduction or elimination of barriers to
care, including the stigma associated with seeking help
for mental health related conditions, and the
enhancement of confidentiality for members of the Armed
Forces seeking care for such conditions.
(F) The awareness of mental health services
available to dependents of members of the Armed Forces
whose
[[Page 3350]]
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 3351]]
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) <> 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 3352]]
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 3353]]
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 3354]]
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) <> 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 3355]]
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 3356]]
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 3357]]
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 3358]]
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 3359]]
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. <> 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 3360]]
119 STAT. 3360
Subtitle E--Other Matters
SEC. 741. <> AUTHORITY TO RELOCATE PATIENT
SAFETY CENTER; RENAMING MEDTEAMS PROGRAM.
(a) Repeal of Requirement to Locate the Department of Defense
Patient Safety Center Within the Armed Forces Institute of Pathology.--
Subsection (c)(3) of section 754 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106-
398; 114 Stat. 1654-196) is amended by striking ``within the Armed
Forces Institute of Pathology''.
(b) Renaming MedTeams Program.--Subsection (d) of such section is
amended by striking ``MedTeams'' in the heading and inserting ``Medical
Team Training''.
SEC. 742. <> MODIFICATION OF HEALTH CARE
QUALITY INFORMATION AND TECHNOLOGY ENHANCEMENT REPORTING
REQUIREMENT.
Section 723(e) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 113 Stat. 697) is amended by striking
paragraphs (1) through (4) and inserting the following:
``(1) Measures of the quality of health care furnished,
including timeliness and accessibility of care.
``(2) Population health.
``(3) Patient safety.
``(4) Patient satisfaction.
``(5) The extent of use of evidence-based health care
practices.
``(6) The effectiveness of biosurveillance in detecting an
emerging epidemic.''.
SEC. 743. CORRECTION TO ELIGIBILITY OF CERTAIN RESERVE OFFICERS FOR
MILITARY HEALTH CARE PENDING ACTIVE DUTY FOLLOWING
COMMISSIONING.
(a) Correction.--Clause (iii) of section 1074(a)(2)(B) of title 10,
United States Code, is amended by inserting before the semicolon the
following: ``or the orders have been issued but the member has not
entered active duty''.
(b) <> Effective Date.--The amendment made
by subsection (a) shall take effect as of November 24, 2003, and as if
included in the enactment of paragraph (2) of section 1074(a) of title
10, United States Code, by section 708 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
1530).
SEC. 744. <> PROHIBITION ON CONVERSIONS OF
MILITARY MEDICAL AND DENTAL POSITIONS TO CIVILIAN MEDICAL
POSITIONS UNTIL SUBMISSION OF CERTIFICATION.
(a) Prohibition on Conversions.--
(1) Submission of certification.--A Secretary of a military
department may not convert any military medical or dental
position to a civilian medical or dental position until the
Secretary submits to the Committees on Armed Services of the
Senate and the House of Representatives a certification that the
conversions within that department will not increase cost or
decrease quality of care or access to care. <> Such a certification may not be submitted before June 1,
2006.
[[Page 3361]]
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 3362]]
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. <> 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 3363]]
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 3364]]
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. <> 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 3365]]
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 3366]]
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 3367]]
119 STAT. 3367
but for such a waiver, the Department would be unable to meet critical
national security objectives. <> Whenever the milestone
decision authority makes such a determination and authorizes such a
waiver, the waiver, the determination, and the reasons for the
determination shall be submitted in writing to the congressional defense
committees within 30 days after the waiver is authorized.
``(d) Nondelegation.--The milestone decision authority may not
delegate the certification requirement under subsection (a) or the
authority to waive any component of such requirement under subsection
(c).
``(e) Definitions.--In this section:
``(1) The term `major defense acquisition program' means a
Department of Defense acquisition program that is a major
defense acquisition program for purposes of section 2430 of this
title.
``(2) The term `milestone decision authority', with respect
to a major defense acquisition program, means the individual
within the Department of Defense designated with overall
responsibility for the program.
``(3) The term `Milestone B approval' has the meaning
provided that term in section 2366(e)(7) of this title.
``(4) The term `Key Decision Point B' means the official
program initiation of a National Security Space program of the
Department of Defense, which triggers a formal review to
determine maturity of technology and the program's readiness to
begin the preliminary system design.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
2366 the following new item:
``2366a. Major defense acquisition programs: certification required
before Milestone B approval or Key Decision Point B
approval.''.
SEC. 802. REQUIREMENTS APPLICABLE TO MAJOR DEFENSE ACQUISITION PROGRAMS
EXCEEDING BASELINE COSTS.
(a) Specification of Significant Cost Growth Threshold and Critical
Cost Growth Threshold.--Subsection (a) of section 2433 of title 10,
United States Code, is amended by adding at the end the following new
paragraphs:
``(4) The term `significant cost growth threshold' means the
following:
``(A) In the case of a major defense acquisition
program, a percentage increase in the program
acquisition unit cost for the program of--
``(i) at least 15 percent over the program
acquisition unit cost for the program as shown in
the current Baseline Estimate for the program; or
``(ii) at least 30 percent over the program
acquisition unit cost for the program as shown in
the original Baseline Estimate for the program.
``(B) In the case of a major defense acquisition
program that is a procurement program, a percentage
increase in the procurement unit cost for the program
of--
``(i) at least 15 percent over the procurement
unit cost for the program as shown in the current
Baseline Estimate for the program; or
[[Page 3368]]
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 3369]]
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 3370]]
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) <> 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 3371]]
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) <> 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 3372]]
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 3373]]
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. <> 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 3374]]
119 STAT. 3374
Subtitle B--Acquisition Policy and Management
SEC. 811. <> INTERNAL CONTROLS FOR PROCUREMENTS
ON BEHALF OF THE DEPARTMENT OF DEFENSE.
(a) Inspector General Reviews and Determinations.--
(1) <> In general.--For each covered non-
defense agency, the Inspector General of the Department of
Defense and the Inspector General of such non-defense agency
shall, not later than March 15, 2006, jointly--
(A) review--
(i) the procurement policies, procedures, and
internal controls of such non-defense agency that
are applicable to the procurement of property and
services on behalf of the Department by such non-
defense agency; and
(ii) the administration of those policies,
procedures, and internal controls; and
(B) determine in writing whether--
(i) such non-defense agency is compliant with
defense procurement requirements;
(ii) such non-defense agency is not compliant
with defense procurement requirements, but has a
program or initiative to significantly improve
compliance with defense procurement requirements;
or
(iii) neither of the conclusions stated in
clauses (i) and (ii) is correct in the case of
such non-defense agency.
(2) <> Actions following certain
determinations.--If the Inspectors General determine under
paragraph (1) that the conclusion stated in clause (ii) or (iii)
of subparagraph (B) of that paragraph is correct in the case of
a covered non-defense agency, such Inspectors General shall, not
later than June 15, 2007, jointly--
(A) conduct a second review, as described in
subparagraph (A) of that paragraph, regarding such non-
defense agency's procurement of property or services on
behalf of the Department of Defense in fiscal year 2006;
and
(B) determine in writing whether such non-defense
agency is or is not compliant with defense procurement
requirements.
(b) Compliance With Defense Procurement Requirements.--For the
purposes of this section, a covered non-defense agency is compliant with
defense procurement requirements if such non-defense agency's
procurement policies, procedures, and internal controls applicable to
the procurement of products and services on behalf of the Department of
Defense, and the manner in which they are administered, are adequate to
ensure such non-defense agency's compliance with the requirements of
laws and regulations that apply to procurements of property and services
made directly by the Department of Defense.
(c) <> Memoranda of Understanding Between
Inspectors General.--
(1) <> In general.--Not later than 60 days
after the date of the enactment of this Act, the Inspector
General of the
[[Page 3375]]
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) <> 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
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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) <> 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--
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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 3378]]
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) <> Phased Implementation.--The
requirements of section 2330 of title 10, United States Code (as added
by subsection (a)), shall be implemented as follows:
(1) <> The Under Secretary of Defense for
Acquisition, Technology, and Logistics shall--
(A) establish an initial set of contract services
acquisition categories, based on dollar thresholds, by
not later than June 1, 2006; and
(B) <> issue an initial set of
policies, procedures, and best practices guidelines in
accordance with section 2330(a)(1)(A) by not later than
October 1, 2006.
(2) The contract services acquisition categories established
by the Under Secretary shall include--
(A) one or more categories for acquisitions with an
estimated value of $250,000,000 or more;
(B) one or more categories for acquisitions with an
estimated value of at least $10,000,000 but less than
$250,000,000; and
(C) one or more categories for acquisitions with an
estimated value greater than the simplified acquisition
threshold but less than $10,000,000.
(3) <> The senior officials responsible
for the management of acquisition of contract services shall
assign responsibility to specific individuals in the Department
of Defense for the review and approval of procurements in the
contract services
[[Page 3379]]
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 3380]]
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 3381]]
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) <> the Secretary has
certified to those committees--
``(i) that entering into the proposed contract
as a means of obtaining the vessel, aircraft, or
combat vehicle is the most cost-effective means of
obtaining such vessel, aircraft, or combat
vehicle; and
``(ii) that the Secretary has determined that
the lease complies with all applicable laws,
Office of Management and Budget circulars, and
Department of Defense regulations.''; and
(2) by adding at the end the following new paragraphs:
``(3) Upon receipt of a notice under paragraph (1)(C), a committee
identified in paragraph (1)(B) may request the Inspector General of the
Department of Defense or the Comptroller General of the United States to
conduct a review of the proposed contract to determine whether or not
such contract meets the requirements of this section.
``(4) <> If a review is requested under paragraph
(3), the Inspector General of the Department of Defense or the
Comptroller General of the United States, as the case may be, shall
submit to the Secretary and the congressional defense committees a
report on such review before the expiration of the period specified in
paragraph (1)(C).''.
[[Page 3382]]
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. <> GUIDANCE ON USE OF TIERED
EVALUATIONS OF OFFERS FOR CONTRACTS AND TASK ORDERS UNDER
CONTRACTS.
(a) Guidance Required.--The Secretary of Defense shall prescribe
guidance for the military departments and the Defense Agencies on the
use of tiered evaluations of offers for contracts and for task or
delivery orders under contracts.
(b) Elements.--The guidance prescribed under subsection (a) shall
include a prohibition on the initiation by a contracting officer of a
tiered evaluation of an offer for a contract or for a task or delivery
order under a contract unless the contracting officer--
(1) has conducted market research in accordance with part 10
of the Federal Acquisition Regulation in order to determine
whether or not a sufficient number of qualified small businesses
are available to justify limiting competition for the award of
such contract or task or delivery order under applicable law and
regulations;
(2) is unable, after conducting market research under
paragraph (1), to make the determination described in that
paragraph; and
(3) includes in the contract file a written explanation of
why such contracting officer was unable to make such
determination.
SEC. 817. <> JOINT POLICY ON CONTINGENCY
CONTRACTING.
(a) Joint Policy.--
[[Page 3383]]
119 STAT. 3383
(1) <> Requirement.--Not later than one
year after the date of the enactment of this Act, the Secretary
of Defense, in consultation with the Chairman of the Joint
Chiefs of Staff, shall develop a joint policy for contingency
contracting during combat operations and post-conflict
operations.
(2) Matters covered.--The joint policy for contingency
contracting required by paragraph (1) shall, at a minimum,
provide for--
(A) the designation of a senior commissioned officer
in each military department with the responsibility for
administering the policy;
(B) the assignment of a senior commissioned officer
with appropriate acquisition experience and
qualifications to act as head of contingency contracting
during combat operations, post-conflict operations, and
contingency operations, who shall report directly to the
commander of the combatant command in whose area of
responsibility the operations occur;
(C) an organizational approach to contingency
contracting that is designed to ensure that each
military department is prepared to conduct contingency
contracting during combat operations and post-conflict
operations;
(D) a requirement to provide training (including
training under a program to be created by the Defense
Acquisition University) to contingency contracting
personnel in--
(i) the use of law, regulations, policies, and
directives related to contingency contracting
operations;
(ii) the appropriate use of rapid acquisition
methods, including the use of exceptions to
competition requirements under section 2304 of
title 10, United States Code, sealed bidding,
letter contracts, indefinite delivery indefinite
quantity task orders, set asides under section
8(a) of the Small Business Act (15 U.S.C. 637(a)),
undefinitized contract actions, and other tools
available to expedite the delivery of goods and
services during combat operations or post-conflict
operations;
(iii) the appropriate use of rapid acquisition
authority, commanders' emergency response program
funds, and other tools unique to contingency
contracting; and
(iv) instruction on the necessity for the
prompt transition from the use of rapid
acquisition authority to the use of full and open
competition and other methods of contracting that
maximize transparency in the acquisition process;
(E) appropriate steps to ensure that training is
maintained for such personnel even when they are not
deployed in a contingency operation; and
(F) such steps as may be needed to ensure jointness
and cross-service coordination in the area of
contingency contracting.
(b) Reports.--
(1) Interim report.--
(A) Requirement.--Not later than 270 days after the
date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed Services
of the
[[Page 3384]]
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 3385]]
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. <> 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 3386]]
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) <> is amended by
striking subsection (c).
(c) <> Defense Acquisition University
Funding.--Amounts transferred under section 37(h)(3)(D) of the Office of
Federal Procurement Policy Act (as amended by subsection (a)) for use by
the Defense Acquisition University shall be in addition to other amounts
authorized for the University.
(d) <> Effective Date.--The amendments made
by this section shall apply with respect to fees collected under
contracts described in section 37(h)(3)(B) of the Office of Federal
Procurement Policy Act (41 U.S.C. 433(h)(3)(B)) after the date of the
enactment of this Act.
SEC. 822. INCREASE IN COST ACCOUNTING STANDARD THRESHOLD.
Section 26(f)(2)(A) of the Office of Federal Procurement Policy Act
(41 U.S.C. 422(f)(A)) is amended by striking ``$500,000'' and inserting
``the amount set forth in section 2306a(a)(1)(A)(i) of title 10, United
States Code, as such amount is adjusted in accordance with applicable
requirements of law''.
[[Page 3387]]
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) <> 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 3388]]
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. <> TRAINING FOR DEFENSE ACQUISITION
WORKFORCE ON THE REQUIREMENTS OF THE BERRY AMENDMENT.
(a) Training During Fiscal Year 2006.--The Secretary of Defense
shall ensure that each member of the defense acquisition workforce who
participates personally and substantially in the acquisition of textiles
on a regular basis receives training during fiscal year 2006 on the
requirements of section 2533a of title 10, United States Code (commonly
referred to as the ``Berry Amendment''), and the regulations
implementing that section.
(b) Inclusion of Information in New Training Programs.--The
Secretary shall ensure that any training program developed or
implemented after the date of the enactment of this Act for members of
the defense acquisition workforce who participate personally and
substantially in the acquisition of textiles on a regular basis includes
comprehensive information on the requirements described in subsection
(a).
SEC. 833. AMENDMENTS TO DOMESTIC SOURCE REQUIREMENTS RELATING TO
CLOTHING MATERIALS AND COMPONENTS COVERED.
(a) Notice.--Section 2533a of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(k) <> Notification Required Within 7 Days After
Contract Award If Certain Exceptions Applied.--In the case of any
contract for the procurement of an item described in subparagraph (B),
(C), (D), or (E) of subsection (b)(1), if the Secretary of Defense or of
the military department concerned applies an exception set forth in
subsection (c) or (e) with respect to that contract, the Secretary
shall, not later than 7 days after the award of the contract, post a
notification that the exception has been applied on the Internet site
maintained by the General Services Administration known as FedBizOps.gov
(or any successor site).''.
(b) Clothing Materials and Components Covered.--Subsection (b) of
section 2533a of title 10, United States Code, is amended in paragraph
(1)(B) by inserting before the semicolon the following: ``and the
materials and components thereof, other than sensors, electronics, or
other items added to, and not normally associated with, clothing (and
the materials and components thereof)''.
[[Page 3389]]
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) <> 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 3390]]
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) <> Action required.--Not
later than 60 days after the date of enactment of this
paragraph, the Administrator shall either--
``(i) initiate an adjustment to the size
standards, as described in subparagraph (A), if
the Administrator determines that such an
adjustment would be fair and appropriate; or
``(ii) <> provide a report to
the Committee on Small Business and
Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives
explaining in detail the basis for the
determination by the Administrator that such an
adjustment would not be fair and appropriate.
``(C) Qualified areas.--In this paragraph, the term
`qualified area' means--
``(i) Iraq,
``(ii) Afghanistan, and
``(iii) any foreign country which included a
combat zone, as that term is defined in section
112(c)(2) of the Internal Revenue Code of 1986, at
the time of performance of the relevant Federal
contract or subcontract.''.
SEC. 845. DISASTER RELIEF FOR SMALL BUSINESS CONCERNS DAMAGED BY
DROUGHT.
(a) Drought Disaster Authority.--
(1) Definition of disaster.--Section 3(k) of the Small
Business Act (15 U.S.C. 632(k)) is amended--
(A) by inserting ``(1)'' after ``(k)''; and
(B) by adding at the end the following:
``(2) For purposes of section 7(b)(2), the term `disaster'
includes--
``(A) drought; and
``(B) below average water levels in the Great Lakes, or on
any body of water in the United States that supports commerce by
small business concerns.''.
(2) Drought disaster relief authority.--Section 7(b)(2) of
the Small Business Act (15 U.S.C. 636(b)(2)) is amended--
(A) by inserting ``(including drought), with respect
to both farm-related and nonfarm-related small business
concerns,'' before ``if the Administration''; and
(B) in subparagraph (B), by striking ``the
Consolidated Farmers Home Administration Act of 1961 (7
U.S.C. 1961)'' and inserting the following: ``section
321 of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1961), in which case, assistance under this
paragraph may be provided to farm-related and nonfarm-
related small business concerns, subject to the other
applicable requirements of this paragraph''.
[[Page 3391]]
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) <> Prompt Response to Disaster Requests.--
Section 7(b)(2)(D) of the Small Business Act (15 U.S.C. 636(b)(2)(D)) is
amended by striking ``Upon receipt of such certification, the
Administration may'' and inserting ``Not later than 30 days after the
date of receipt of such certification by a Governor of a State, the
Administration shall respond in writing to that Governor on its
determination and the reasons therefore, and may''.
(d) <> Rulemaking.--Not later than
45 days after the date of enactment of this Act, the Administrator of
the Small Business Administration shall promulgate final rules to carry
out this section and the amendments made by this section.
SEC. 846. EXTENSION OF LIMITED ACQUISITION AUTHORITY FOR THE COMMANDER
OF THE UNITED STATES JOINT FORCES COMMAND.
(a) Extension of Authority.--Subsection (f) of section 167a of title
10, United States Code, is amended--
(1) by striking ``through 2006'' and inserting ``through
2008''; and
(2) by striking ``September 30, 2006'' and inserting
``September 30, 2008''.
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Comptroller General shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report on
the implementation of section 167a of title 10, United States Code.
SEC. 847. CIVILIAN BOARD OF CONTRACT APPEALS.
(a) In General.--The Office of Federal Procurement Policy Act (41
U.S.C. 401 et seq.) is amended by adding at the end the following new
section:
``SEC. 42. <> CIVILIAN BOARD OF CONTRACT APPEALS.
``(a) Board Established.--There is established in the General
Services Administration a board of contract appeals to be known as the
Civilian Board of Contract Appeals (in this section referred to as the
`Civilian Board').
``(b) Membership.--
``(1) Appointment.--(A) The Civilian Board shall consist of
members appointed by the Administrator of General Services (in
consultation with the Administrator for Federal Procurement
Policy) from a register of applicants maintained by the
Administrator of General Services, in accordance with rules
issued by the Administrator of General Services (in consultation
with the Administrator for Federal Procurement Policy) for
establishing and maintaining a register of eligible applicants
and selecting Civilian Board members. The Administrator of
General Services shall appoint a member without regard to
political affiliation and solely on the basis of the
professional qualifications required to perform the duties and
responsibilities of a Civilian Board member.
[[Page 3392]]
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) <> Transfers.--The personnel employed in
connection with, and the assets, liabilities, contracts, property,
records, and unexpended balance of appropriations, authorizations,
allocations, and other funds employed, held, used, arising from,
available to, or to be made available in connection with the functions
vested by law in the agency boards of contract appeals established
pursuant to section 8 of the Contract Disputes Act of 1978 (41 U.S.C.
607) (as in effect on the day before the effective date described in
subsection (g)) other than the Armed Services Board of Contract Appeals,
the board of contract appeals of the Tennessee Valley Authority, and the
Postal Service Board of Contract Appeals shall be transferred to the
Civilian Board of Contract Appeals for appropriate allocation by the
Chairman of that Board.
(c) <> Termination of Boards of Contract
Appeals.--
(1) Termination.--Effective on the effective date described
in subsection (g), the agency boards of contract appeals
established pursuant to section 8 of the Contract Disputes Act
of 1978 (41 U.S.C. 607) (as in effect on the day before such
effective date), other than the Armed Services Board of Contract
Appeals, the board of contract appeals of the Tennessee Valley
[[Page 3393]]
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 3394]]
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) <> There is established an agency board
of contract appeals to be known as the `Postal Service Board of Contract
Appeals'. Such board shall have jurisdiction to decide any appeal from a
decision of a contracting officer of the United States Postal Service or
the Postal Rate Commission relative to a contract made by either agency.
Such board shall consist of judges appointed by the Postmaster General
who shall meet the qualifications of and serve in the same manner as
members of the Civilian Board of Contract
Appeals. <> This Act shall apply to contract
disputes before the Postal Service Board of Contract Appeals in the same
manner as they apply to contract disputes before the Civilian Board.''.
(3) Conforming amendments.--Section 8 of the Contract
Disputes Act of 1978 (41 U.S.C. 607) is further amended--
(A) in subsection (a)(1)--
(i) by striking ``Except as provided in
paragraph (2) an agency board of contract
appeals'' and inserting ``An Armed Services Board
of Contract Appeals''; and
(ii) by striking ``an executive agency when
the agency head'' and inserting ``the Department
of Defense when the Secretary of Defense''; and
(B) in subsection (b)(1)--
(i) by striking ``Except as provided in
paragraph (2), the members of agency boards'' and
inserting ``The members of the Armed Services
Board of Contract Appeals'';
(ii) in the second sentence, by striking
``agency boards'' and inserting ``such Board'';
(iii) in the third sentence, by striking
``each board'' and inserting ``such Board'' and by
striking ``the agency head'' and inserting ``the
Secretary of Defense''; and
(iv) in the fourth sentence, by striking ``an
agency board'' and inserting ``such Board''.
(4) Repeal of obsolete provisions.--Section 8 of the
Contract Disputes Act of 1978 (41 U.S.C. 607) is further amended
by striking subsections (h) and (i).
(e) <> References.--Any reference to an
agency board of contract appeals other than the Armed Services Board of
Contract Appeals, the board of contract appeals of the Tennessee Valley
Authority, or the Postal Service Board of Contract Appeals in any
provision of law or in any rule, regulation, or other paper of the
United States shall be treated as referring to the Civilian Board of
Contract
[[Page 3395]]
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) <> Effective Date.--Section 42 of the
Office of Federal Procurement Policy Act, as added by this section, and
the amendments and repeals made by this section, shall take effect 1
year after the date of the enactment of this Act.
SEC. 848. STATEMENT OF POLICY AND REPORT RELATING TO CONTRACTING WITH
EMPLOYERS OF PERSONS WITH DISABILITIES.
(a) Extensions of Inapplicability of Certain Acts.--Section 853 of
the Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005 (Public Law 108-375; 118 Stat. 2021) is amended in subsections
(a)(2)(A) and (b)(2)(A) by striking ``2005'' and inserting ``2006''.
(b) <> Statement of Policy.--The Secretary of
Defense, the Secretary of Education, and the Chairman of the Committee
for Purchase From People Who Are Blind or Severely Disabled shall
jointly issue a statement of policy related to the implementation of the
Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and the Javits-Wagner-
O'Day Act (41 U.S.C. 48) within the Department of Defense and the
Department of Education. The joint statement of policy shall
specifically address the application of those Acts to both operation and
management of all or any part of a military mess hall, military troop
dining facility, or any similar dining facility operated for the purpose
of providing meals to members of the Armed Forces, and shall take into
account and address, to the extent practicable, the positions acceptable
to persons representing programs implemented under each Act.
(c) <> Report.--Not later than April 1, 2006,
the Secretary of Defense, the Secretary of Education, and the Chairman
of the Committee for Purchase From People Who Are Blind or Severely
Disabled shall submit to the Committees on Armed Services of the Senate
and the House of Representatives, the Committee on Health, Education,
Labor and Pensions of the Senate, and the Committee on Education and the
Workforce of the House of Representatives a report describing the joint
statement of policy issued under subsection (b), with such findings and
recommendations as the Secretaries consider appropriate.
SEC. 849. STUDY ON DEPARTMENT OF DEFENSE CONTRACTING WITH SMALL BUSINESS
CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.
(a) Study Required.--The Secretary of Defense shall conduct a study
on Department of Defense procurement contracts with small business
concerns owned and controlled by service-disabled veterans.
[[Page 3396]]
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 3397]]
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 3398]]
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 3399]]
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 <> (Public Law 103-
337; 108 Stat. 2892) is amended--
(A) by striking subsection (a);
(B) by redesignating subsection (b) as subsection
(a);
(C) by striking ``(1)'' the first place it appears;
(D) by redesignating paragraph (2) as subsection
(b);
(E) by inserting ``Source of Funds.--'' before
``Costs for''; and
(F) by striking ``paragraph (1)'' and insertion
``subsection (a)''.
(2) Section 1065 of the National Defense Authorization Act
for Fiscal Year 1997 (10 U.S.C. 113 note) is amended--
(A) by striking subsection (a); and
(B) by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively.
SEC. 904. <> DIRECTORS OF SMALL BUSINESS
PROGRAMS IN DEPARTMENT OF DEFENSE AND MILITARY DEPARTMENTS.
(a) Redesignation of Existing Positions and Offices.--
(1) Positions redesignated.--The following positions within
the Department of Defense are redesignated as follows:
(A) The Director of Small and Disadvantaged Business
Utilization of the Department of Defense is redesignated
as the Director of Small Business Programs of the
Department of Defense.
(B) The Director of Small and Disadvantaged Business
Utilization of the Department of the Army is
redesignated as the Director of Small Business Programs
of the Department of the Army.
(C) The Director of Small and Disadvantaged Business
Utilization of the Department of the Navy is
redesignated as the Director of Small Business Programs
of the Department of the Navy.
(D) The Director of Small and Disadvantaged Business
Utilization of the Department of the Air Force is
redesignated as the Director of Small Business Programs
of the Department of the Air Force.
(2) Offices redesignated.--The following offices within the
Department of Defense are redesignated as follows:
(A) The Office of Small and Disadvantaged Business
Utilization of the Department of Defense is redesignated
as the Office of Small Business Programs of the
Department of Defense.
(B) The Office of Small and Disadvantaged Business
Utilization of the Department of the Army is
redesignated as the Office of Small Business Programs of
the Department of the Army.
[[Page 3400]]
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) <> 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 3401]]
119 STAT. 3401
and shall exercise such powers regarding those programs, as the
Secretary of the Army may prescribe.
``(2) <> Section 15(k) of the Small Business
Act (15 U.S.C. 644(k)), except for the designations of the Director and
the Office, applies to the Director of Small Business Programs.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``3024. Director of Small Business Programs.''.
(d) Department of the Navy.--
(1) Position and office.--Chapter 503 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 5028. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of the Navy. The Director is appointed by the Secretary
of the Navy.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of the Navy is the office that is
established within the Department of the Navy under section 15(k) of the
Small Business Act (15 U.S.C. 644(k)). The Director of Small Business
Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of the Navy, and shall
exercise such powers regarding those programs, as the Secretary of the
Navy may prescribe.
``(2) <> Section 15(k) of the Small Business
Act (15 U.S.C. 644(k)), except for the designations of the Director and
the Office, applies to the Director of Small Business Programs.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``5028. Director of Small Business Programs.''.
(e) Department of the Air Force.--
(1) Position and office.--Chapter 803 of title 10, United
States Code, is amended by adding at the end the following new
section:
``Sec. 8024. Director of Small Business Programs
``(a) Director.--There is a Director of Small Business Programs in
the Department of the Air Force. The Director is appointed by the
Secretary of the Air Force.
``(b) Office of Small Business Programs.--The Office of Small
Business Programs of the Department of the Air Force is the office that
is established within the Department of the Air Force under section
15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of
Small Business Programs is the head of such office.
``(c) Duties and Powers.--(1) The Director of Small Business
Programs shall, subject to paragraph (2), perform such duties regarding
small business programs of the Department of the Air Force, and shall
exercise such powers regarding those programs, as the Secretary of the
Air Force may prescribe.
[[Page 3402]]
119 STAT. 3402
``(2) <> Section 15(k) of the Small Business
Act (15 U.S.C. 644(k)), except for the designations of the Director and
the Office, applies to the Director of Small Business Programs.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``8024. Director of Small Business Programs.''.
SEC. 905. PLAN TO DEFEND THE HOMELAND AGAINST CRUISE MISSILES AND OTHER
LOW-ALTITUDE AIRCRAFT.
(a) <> Plan Required.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a plan for the
defense of the United States homeland against cruise missiles, unmanned
aerial vehicles, and other low-altitude aircraft that may be launched in
an attack against the United States homeland.
(b) Focus of Plan.--In developing the plan, the Secretary shall
focus on the role of Department of Defense components in the defense of
the homeland against an attack described in subsection (a), but shall
also address the role, if any, of other departments and agencies of the
United States Government in that defense.
(c) Elements of Plan.--The plan shall include the following:
(1) The identification of an official or office within the
Department of Defense to be responsible for coordinating the
implementation of the plan described in subsection (a) from both
an operational and acquisition perspective.
(2) Identification of (A) the capabilities required by the
Department of Defense in order to fulfill the mission of the
Department to defend the homeland against attack by cruise
missiles, unmanned aerial vehicles, and other low-altitude
aircraft, and (B) any current shortfall in those capabilities.
(3) Identification of each element of the Department of
Defense that will be responsible under the plan for acquisition
in order to achieve one or more of the capabilities identified
pursuant to paragraph (2).
(4) A schedule for implementing the plan.
(5) A statement of the funding required to implement the
Department of Defense portion of the plan.
(6) An identification of the roles and missions, if any, of
other departments and agencies of the United States Government
in contributing to the defense of the homeland against attack
described in paragraph (2).
(d) Scope of Plan.--The plan shall be coordinated with plans of the
Department of Defense for defending the United States homeland against
attack by short-range to medium-range ballistic missiles.
SEC. 906. PROVISION OF AUDIOVISUAL SUPPORT SERVICES BY WHITE HOUSE
COMMUNICATIONS AGENCY ON NONREIMBURSABLE BASIS.
(a) Provision on Nonreimbursable Basis.--Section 912 of the National
Defense Authorization Act for Fiscal Year 1997 (10 U.S.C. 111 note) is
amended--
(1) in subsection (a)--
[[Page 3403]]
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 3404]]
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 3405]]
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) <> Comptroller General Assessment.--
Not later than 180 days after the date of the enactment of this Act, the
Comptroller General shall submit to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a report containing--
(1) an assessment of the regulatory oversight and monitoring
of health care and nursing home care services provided by the
Armed Forces Retirement Home; and
(2) such recommendations as the Comptroller General
considers appropriate in light of the results of the assessment.
Subtitle B--Space Activities
SEC. 911. <> SPACE SITUATIONAL AWARENESS
STRATEGY AND SPACE CONTROL MISSION REVIEW.
(a) Findings.--The Congress finds that--
(1) the Department of Defense has the responsibility, within
the executive branch, for developing the strategy and the
systems of the United States for ensuring freedom to operate
United States space assets affecting national security; and
(2) the foundation of any credible strategy for ensuring
freedom to operate United States space assets is a comprehensive
system for space situational awareness.
(b) Space Situational Awareness Strategy.--
(1) <> Requirement.--The Secretary of
Defense shall develop a strategy, to be known as the ``Space
Situational Awareness Strategy'', for ensuring freedom to
operate United States space assets affecting national security.
The Secretary shall submit the Space Situational Awareness
Strategy to Congress not later than April 15, 2006. The
Secretary shall submit to Congress an updated, current version
of the strategy not later than April 15 of every odd-numbered
year thereafter.
(2) Time periods.--The Space Situational Awareness Strategy
shall cover--
(A) the 20-year period from 2006 through 2025; and
(B) three separate successive periods, the first
beginning with 2006, designed to align with the next
three periods for the Future-Years Defense Plan.
(3) Matters to be included.--The Space Situational Awareness
Strategy shall include the following for each period specified
in paragraph (2):
[[Page 3406]]
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 3407]]
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 3408]]
119 STAT. 3408
SEC. 913. OPERATIONALLY RESPONSIVE SPACE.
(a) <> Joint Operationally Responsive
Space Payload Technology Organization.--
(1) <> In general.--The Secretary of
Defense shall establish or designate an organization in the
Department of Defense to coordinate joint operationally
responsive space payload technology.
(2) Master plan.--The organization established or designated
under paragraph (1) shall produce an annual master plan for
coordination of operationally responsive space payload
technology and shall coordinate resources provided to stimulate
technical development of small satellite payloads. The annual
master plan shall describe focus areas for development of
operationally responsive space payload technology, including--
(A) miniaturization technology for satellite
payloads;
(B) increased sensor acuity;
(C) concept of operations exploration;
(D) increased processor capability; and
(E) such additional matters as the head of that
organization determines appropriate.
(3) <> Requests for proposals.--The
Secretary of Defense, acting through the Director of the Office
of Force Transformation, shall award contracts, from amounts
available for that purpose for any fiscal year, for technology
projects that support the focus areas set out in the master plan
for development of operationally responsive space payload
technology.
(4) Assessment factors.--In assessing any proposal submitted
for a contract under paragraph (3), the Secretary shall
consider--
(A) how the proposal correlates to the goals
articulated in the master plan under paragraph (2) and
to the National Security Space Architecture; and
(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 3409]]
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 3410]]
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) <> 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 3411]]
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) <> Pueblo Army Depot, Colorado.
(2) <> Blue Grass Army Depot, Kentucky.
(b) Scope of Authority.--The authority in subsection (a) to carry
out a construction project for facilities includes authority to carry
out planning and design and the acquisition of land for the construction
or improvement of such facilities.
(c) Limitation on Amount of Funds.--The amount of funds that may be
utilized under the authority in subsection (a) may not exceed
$51,000,000.
(d) Duration of Authority.--A construction project, or portion of a
construction project, may not be commenced under the authority in
subsection (a) after September 30, 2006.
(e) Notice and Wait.--The Secretary may not carry out a construction
project, or portion of a construction project, under the authority in
subsection (a) until the end of the 21-day period beginning on the date
on which the Secretary submits to the congressional defense committees
notice of the Secretary's intent to carry out such project and confirms
his intent to seek funding for these projects beginning in fiscal year
2007 through the military construction appropriations accounts.
Subtitle D--Intelligence-Related Matters
SEC. 931. <> DEPARTMENT OF DEFENSE STRATEGY
FOR OPEN-SOURCE INTELLIGENCE.
(a) Findings.--Congress makes the following findings:
(1) Open-source intelligence (OSINT) is intelligence that is
produced from publicly available information and is collected,
exploited, and disseminated in a timely manner to an appropriate
audience for the purpose of addressing a specific intelligence
requirement.
(2) With the Information Revolution, the amount,
significance, and accessibility of open-source information has
expanded significantly, but the intelligence community has not
expanded its exploitation efforts and systems to produce open-
source intelligence.
(3) The production of open-source intelligence is a valuable
intelligence discipline that must be integrated into
intelligence tasking, collection, processing, exploitation, and
dissemination to ensure that United States policymakers are
fully and completely informed.
(4) The dissemination and use of validated open-source
intelligence inherently enables information sharing since open-
source intelligence is produced without the use of sensitive
sources and methods. Open-source intelligence products can
[[Page 3412]]
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) <> 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 3413]]
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. <> OPERATIONAL FILES OF THE
DEFENSE INTELLIGENCE AGENCY.
(a) Protection of Operational Files of Defense Intelligence
Agency.--
(1) Protection of files.--Title VII of the National Security
Act of 1947 (50 U.S.C. 431 et seq.) is amended by adding at the
end the following new section:
``operational files of the defense intelligence agency
``Sec. 705. <> (a) Exemption of Operational
Files.--The Director of the Defense Intelligence Agency, in coordination
with the Director of National Intelligence, may exempt operational files
of the Defense Intelligence Agency from the provisions of section 552 of
title 5, United States Code, which require publication, disclosure,
search, or review in connection therewith.
``(b) Operational Files Defined.--(1) In this section, the term
`operational files' means--
``(A) files of the Directorate of Human Intelligence of the
Defense Intelligence Agency (and any successor organization
[[Page 3414]]
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 3415]]
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 3416]]
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 3417]]
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 3418]]
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 3419]]
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 3420]]
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 3421]]
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 3422]]
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) <> Transfer at No Cost to United States.--
The provisions of section 7306(c) of title 10, United States Code, shall
apply to the conveyance under this section.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 1012. CONVEYANCE, NAVY DRYDOCK, JACKSONVILLE, FLORIDA.
(a) Conveyance Authorized.--The Secretary of the Navy is authorized
to convey the medium auxiliary floating drydock SUSTAIN (AFDM-7),
located in Duval County, Florida, to Atlantic Marine Property Holding
Company, that company being the current user of the drydock.
(b) Condition of Conveyance.--The Secretary shall require as a
condition of the conveyance under subsection (a) that the drydock remain
at the facilities of Atlantic Marine Property Holding Company until at
least September 30, 2010.
(c) Consideration.--As consideration for the conveyance of the
drydock under subsection (a), the purchaser shall provide compensation
to the United States the value of which, as determined by the Secretary,
is equal to the fair market value of the drydock, as determined by the
Secretary.
(d) <> Transfer at No Cost to United States.--
The provisions of section 7306(c) of title 10, United States Code, shall
apply to the conveyance under this section.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 1013. CONVEYANCE, NAVY DRYDOCK, PORT ARTHUR, TEXAS.
(a) Conveyance Authorized.--The Secretary of the Navy is authorized
to convey to the port authority of the city of Port Arthur, Texas, the
inactive medium auxiliary floating drydock designated as AFDM-2,
currently administered through the National Defense Reserve Fleet.
(b) Condition of Conveyance.--The Secretary shall require as a
condition of the conveyance under subsection (a) that the drydock remain
at the facilities of the port authority named in subsection (a).
[[Page 3423]]
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) <> Transfer at No Cost to United States.--
The provisions of section 7306(c) of title 10, United States Code, shall
apply to the conveyance under this section.
(e) Additional Terms and Conditions.--The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the
interests of the United States.
SEC. 1014. TRANSFER OF BATTLESHIPS U.S.S. WISCONSIN AND U.S.S. IOWA.
(a) Transfer of Battleship Wisconsin.--The Secretary of the Navy is
authorized--
(1) to strike the battleship U.S.S. WISCONSIN (BB-64) from
the Naval Vessel Register; and
(2) <> to transfer that vessel, by gift or
otherwise, in accordance with section 7306 of title 10, United
States Code, except that the Secretary shall require, as a
condition of transfer, that the transferee locate the vessel in
the Commonwealth of Virginia.
(b) Transfer of Battleship Iowa.--The Secretary of the Navy is
authorized--
(1) to strike the battleship U.S.S. IOWA (BB-61) from the
Naval Vessel Register; and
(2) <> to transfer that vessel, by gift
or otherwise, in accordance with section 7306 of title 10,
United States Code, except that the Secretary shall require, as
a condition of transfer, that the transferee locate the vessel
in the State of California.
(c) Inapplicability of Notice-and-wait Requirement.--Section 7306(d)
of title 10, United States Code, does not apply to the transfer
authorized by subsection (a) or the transfer authorized by subsection
(b).
(d) Authority for Reversion in Event of National Emergency.--The
Secretary of the Navy shall require that the terms of the transfer of a
vessel under this section include a requirement that, in the event the
President declares a national emergency pursuant to the National
Emergencies Act (50 U.S.C. 1601 et seq.), the transferee of the vessel
shall, upon request of the Secretary of Defense, return the vessel to
the United States and that, in such a case, unless the transferee is
otherwise notified by the Secretary, title to the vessel shall revert
immediately to the United States.
(e) Repeal of Superseded Requirements and Authorities.--
(1) Section 1011 of the National Defense Authorization Act
for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 421) is
repealed.
(2) Section 1011 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112
Stat. 2118) is repealed.
SEC. 1015. TRANSFER OF EX-U.S.S. FORREST SHERMAN.
(a) <> Transfer.--The Secretary of the Navy may
transfer the decommissioned destroyer ex-U.S.S. Forrest Sherman (DD-931)
to the USS Forrest Sherman DD-931 Foundation, Inc., a nonprofit
[[Page 3424]]
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 3425]]
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. <> ESTABLISHMENT OF THE USS
OKLAHOMA MEMORIAL AND OTHER MEMORIALS AT PEARL HARBOR.
(a) <> Establishment of the USS Oklahoma
Memorial.--Not later than 90 days after the date of the enactment of
this Act, the Secretary of the Navy, in consultation with the Secretary
of the Interior, shall identify an appropriate site on Ford Island,
Hawaii, for a memorial for the U.S.S. Oklahoma (BB-37). The Secretary of
the Interior shall establish the memorial at the identified site by
authorizing the USS Oklahoma Memorial Foundation to construct a
memorial. <> The Secretary shall certify that--
(1) the USS Oklahoma Memorial Foundation has sufficient
funding to complete construction of the memorial; and
(2) the memorial meets the requirements of subsection (c).
(b) Administration of the Memorial.--Once established, the Secretary
of the Interior shall administer the USS Oklahoma Memorial as a part of
the USS Arizona Memorial, a unit of the National Park System, in
accordance with the laws and regulations applicable to land administered
by the National Park Service and any agreement between the Secretary of
the Interior and the Secretary of
[[Page 3426]]
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) <> 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 3427]]
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. <> 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 3428]]
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 3429]]
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 3430]]
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 3431]]
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''. <> 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 3432]]
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 3433]]
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) <> 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 3434]]
119 STAT. 3434
SEC. 1052. <> REESTABLISHMENT OF EMP
COMMISSION.
(a) Reestablishment.--The commission established pursuant to title
XIV of the Floyd D. Spence National Defense Authorization Act for Fiscal
Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-
345), known as the Commission to Assess the Threat to the United States
from Electromagnetic Pulse Attack, is hereby reestablished.
(b) Membership.--The Commission as reestablished shall have the same
membership as the Commission had as of the date of the submission of the
report of the Commission pursuant to section 1403(a) of such Act, as in
effect before the date of the enactment of this Act. Service on the
Commission is voluntary, and Commissioners may elect to terminate their
service on the Commission.
(c) Commission Charter Defined.--In this section, the term
``Commission charter'' means title XIV of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-345 et seq.).
(d) Establishment and Purpose.--Section 1401 of the Commission
charter (114 Stat. 1654A-345) is amended--
(1) by striking subsections (e) and (g);
(2) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Purpose.--The purpose of the Commission is to monitor,
investigate, make recommendations, and report to Congress on the
evolving threat to the United States from electromagnetic pulse
(hereinafter in this title referred to as `EMP') attack resulting from
the 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 3435]]
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 3436]]
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 3437]]
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 3438]]
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 <> amendment made by subsection (a) shall apply with respect to
polygraph examinations administered beginning on the date of the
enactment of this Act.
SEC. 1055. <> PRESERVATION OF RECORDS PERTAINING
TO RADIOACTIVE FALLOUT FROM NUCLEAR WEAPONS TESTING.
(a) Prohibition of Destruction of Certain Records.--The Secretary of
Defense may not destroy any official record in the custody or control of
the Department of Defense that contains information relating to
radioactive fallout from nuclear weapons testing.
(b) Preservation and Publication of Information.--The Secretary of
Defense shall identify, preserve, and make available any unclassified
information contained in official records referred to in subsection (a).
SEC. 1056. TECHNICAL AND CLERICAL AMENDMENTS.
(a) Amendments Relating to Definition of Base Closure Laws.--
(1) Section 2694a(i) of title 10, United States Code, is
amended by striking paragraph (2).
(2) Paragraph (1) of section 1333(i) of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10
U.S.C. 2701 note) is amended to read as follows:
``(1) Base closure law.--The term `base closure law' has the
meaning given such term in section 101(a)(17) of title 10,
United States Code.''.
[[Page 3439]]
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 3440]]
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 <> striking ``(21 U.S.C.''
and inserting ``(20 U.S.C.''.
(e) Bob Stump National Defense Authorization Act for Fiscal Year
2003.--The Bob Stump National Defense Authorization Act for Fiscal Year
2003 (Public Law 107-314) is amended as follows:
(1) Section 314 (116 Stat. 2508) <> is amended--
(A) in subsection (d), by striking ``(40 U.S.C.''
and inserting ``(42 U.S.C.''; and
(B) in subsection (e)(2), by striking ``(40 U.S.C.''
and inserting ``(42 U.S.C.''.
(2) Section 635(a) (116 Stat. 2574) is <> amended by inserting ``the first place it appears''
after ``by striking `a claim' ''.
(f) National Defense Authorization Act for Fiscal Year 1994.--
Section 1605(a)(4) of the National Defense Authorization Act for Fiscal
Year 1994 (22 U.S.C. 2751 note) is amended by striking ``Logisitics'' in
the first sentence and inserting ``Logistics''.
(g) Title 38, United States Code.--Section 8111(b)(1) of title 38,
United States Code, is amended by inserting ``of 1993'' after ``the
Government Performance and Results Act''.
SEC. 1057. DELETION OF OBSOLETE DEFINITIONS IN TITLES 10 AND 32, UNITED
STATES CODE.
(a) Deleting Obsolete Definition of ``Territory'' in Title 10.--
Title 10, United States Code, is amended as follows:
(1) Section 101(a) is amended by striking paragraph (2).
(2) The following sections are amended by striking the terms
``Territory or'', ``or Territory'', ``a Territorial
Department,'', ``or a Territory'', ``Territory and'', ``its
Territories,'', and ``and Territories'' each place they appear:
sections 101(a)(3), 332, 822, 1072, 1103, 2671, 3037, 5148,
8037, 8074, 12204, and 12642.
(3) The following sections are amended by striking the terms
``Territory,'' and ``Territories,'' each place they appear:
sections 849, 858, 888, 2668, 2669, 7545, and 9773.
(4) Section 808 is amended by striking ``Territory,
Commonwealth, or possession,'' and inserting ``Commonwealth,
possession,''.
(5) The following sections are amended by striking
``Territories, Commonwealths, or possessions'' each place it
appears and inserting ``Commonwealths or possessions'': sections
847, 2734, 4778, 5986, 7652, 7653, and 12406.
[[Page 3441]]
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 3442]]
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 <> this
section, the term ``youth organization'' means--
(1) the Boy Scouts of America;
(2) the Girl Scouts of the United States of America;
(3) the Boys Clubs of America;
(4) the Girls Clubs of America;
(5) the Young Men's Christian Association;
(6) the Young Women's Christian Association;
(7) the Civil Air Patrol;
(8) the United States Olympic Committee;
(9) the Special Olympics;
(10) Campfire USA;
(11) the Young Marines;
(12) the Naval Sea Cadets Corps;
(13) 4-H Clubs;
(14) the Police Athletic League;
(15) Big Brothers--Big Sisters of America;
(16) National Guard Challenge Program; and
(17) any other organization designated by the President as
an organization that is primarily intended to--
(A) serve individuals under the age of 21 years;
(B) provide training in citizenship, leadership,
physical fitness, service to community, and teamwork;
and
(C) promote the development of character and ethical
and moral values.
(b) Support for <> Youth Organizations.--
(1) Continuation of support.--No Federal law (including any
rule, regulation, directive, instruction, or order) shall be
construed to limit any Federal agency from providing any form of
support for a youth organization (including the Boy Scouts of
America or any group officially affiliated with the Boy Scouts
of America) that would result in that Federal agency providing
less support to that youth organization (or any similar
organization chartered under the chapter of title 36, United
States Code, relating to that youth organization) than was
provided during the preceding fiscal year to that youth
organization. This paragraph shall be subject to the
availability of appropriations.
(2) Youth organizations that cease to exist.--Paragraph (1)
shall not apply to any youth organization that ceases to exist.
(3) Waivers.--The head of a Federal agency may waive the
application of paragraph (1) to a youth organization with
respect to each conviction or investigation described under
subparagraph (A) or (B) for a period of not more than two fiscal
years if--
[[Page 3443]]
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) <> submits to Congress a report
containing such determination in a timely manner, and before the
waiver takes effect.''.
(d) Equal Access for Youth Organizations.--Section 109 of the
Housing and Community Development Act of 1974 (42 U.S.C. 5309) is
amended--
(1) in the first sentence of subsection (b), by inserting
``or (e)'' after ``subsection (a)''; and
(2) by adding at the end the following new subsection:
``(e) Equal Access.--
``(1) Definition.--In this subsection, the term `youth
organization' means an organization described under part B of
subtitle II of title 36, United States Code, that is intended to
serve individuals under the age of 21 years.
``(2) In general.--No State or unit of general local
government that has a designated open forum, limited public
forum, or nonpublic forum and that is a recipient of assistance
under this title shall deny equal access or a fair opportunity
to meet to, or discriminate against, any youth organization,
including the Boy Scouts of America or any group officially
affiliated with the Boy Scouts of America, that wishes to
conduct a meeting or otherwise participate in that designated
open forum, limited public forum, or nonpublic forum.''.
SEC. 1059. <> SPECIAL IMMIGRANT STATUS FOR
PERSONS SERVING AS TRANSLATORS WITH UNITED STATES ARMED
FORCES.
(a) In General.--For purposes of the Immigration and Nationality Act
(8 U.S.C. 1101 et seq.), subject to subsection (c)(1), the
[[Page 3444]]
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 3445]]
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 3446]]
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. <> 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 3447]]
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 3448]]
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 3449]]
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 3450]]
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 <> 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 3451]]
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 <> 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 3452]]
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. <> STRATEGIC HUMAN CAPITAL
PLAN FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
(a) Plan Required.--(1) Not <> later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall develop and submit to the Committees on Armed Services of the
Senate and House of Representatives a strategic plan to shape and
improve the civilian employee workforce of the Department of Defense.
[[Page 3453]]
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 <> 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 <> 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 3454]]
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. <> 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 3455]]
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 3456]]
119 STAT. 3456
(2) Modifications.--If the <> guidance in
effect for the purpose stated in paragraph (1) is modified, the
Secretary shall submit to the congressional defense committees a
copy of the modification not later than 15 days after the date
on which the Secretary makes the modification.
(d) Waiver Authority.--For purposes of exercising the authority
provided by this section or any other provision of law making funding
available for the Commanders' Emergency Response Program or any similar
program to assist the people of Afghanistan, the Secretary of Defense
may waive any provision of law not contained in this section that would
(but for the waiver) prohibit, restrict, limit, or otherwise constrain
the exercise of that authority.
(e) Commanders' Emergency Response Program Defined.--In this
section, the term ``Commanders' Emergency Response Program'' means the
program established by the Administrator of the Coalition Provisional
Authority for the purpose of enabling United States military commanders
in Iraq to respond to urgent humanitarian relief and reconstruction
requirements within their areas of responsibility by carrying out
programs that will immediately assist the Iraqi people.
SEC. 1203. MODIFICATION OF GEOGRAPHIC RESTRICTION UNDER BILATERAL AND
REGIONAL COOPERATION PROGRAMS FOR PAYMENT OF CERTAIN
EXPENSES OF DEFENSE PERSONNEL OF DEVELOPING COUNTRIES.
Section 1051(b)(1) of title 10, United States Code, is amended--
(1) by inserting ``to and'' after ``in connection with
travel''; and
(2) by striking ``in which the developing country is
located'' and inserting ``in which the bilateral or regional
conference, seminar, or similar meeting for which expenses are
authorized is located''.
SEC. 1204. AUTHORITY FOR DEPARTMENT OF DEFENSE TO ENTER INTO ACQUISITION
AND CROSS-SERVICING AGREEMENTS WITH REGIONAL ORGANIZATIONS
OF WHICH THE UNITED STATES IS NOT A MEMBER.
Subchapter I of chapter 138 of title 10, United States Code, is
amended by striking ``of which the United States is a member'' in
sections 2341(1), 2342(a)(1)(C), and 2344(b)(4).
SEC. 1205. TWO-YEAR EXTENSION OF AUTHORITY FOR PAYMENT OF CERTAIN
ADMINISTRATIVE SERVICES AND SUPPORT FOR COALITION LIAISON
OFFICERS.
Section 1051a(e) of title 10, United States Code, is amended by
striking ``September 30, 2005'' and inserting ``September 30, 2007''.
SEC. 1206. AUTHORITY TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.
(a) Authority.--The President may direct the Secretary of Defense to
conduct or support a program to build the capacity of a foreign
country's national military forces in order for that country to--
(1) conduct counterterrorist operations; or
[[Page 3457]]
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 3458]]
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 3459]]
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) <> shall submit to those committees
quarterly reports on the use of the authority under this
section.
[[Page 3460]]
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 <> 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 3461]]
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. <> 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 3462]]
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. <> 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 3463]]
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. <> ANNUAL REPORT ON DEPARTMENT OF
DEFENSE COSTS TO CARRY OUT UNITED NATIONS RESOLUTIONS.
(a) Requirement for Annual Report.--
[[Page 3464]]
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. <> 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 3465]]
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. <> 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 3466]]
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 3467]]
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 3468]]
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. <> 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 3469]]
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. <> 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 3470]]
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 3471]]
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 3472]]
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 3473]]
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 <> 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 3474]]
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) <> by redesignating subsection (e)
as subsection (c).
SEC. 1304. <> REPORT ON ELIMINATION OF IMPEDIMENTS TO
THREAT-REDUCTION AND NONPROLIFERATION PROGRAMS IN THE FORMER
SOVIET UNION.
Not later than November 1, 2006, the President shall submit to
Congress a report on impediments to the effective conduct of Cooperative
Threat Reduction programs and related threat reduction and
nonproliferation programs and activities in the states of the former
Soviet Union. The report shall--
(1) identify the impediments to the rapid, efficient, and
effective conduct of programs and activities of the Department
of Defense, the Department of State, and the Department of
Energy, including issues relating to access to sites, liability,
and taxation; and
(2) describe the plans of the United States to overcome or
ameliorate such impediments, including an identification and
discussion of new models and approaches that might be used to
develop new relationships with entities in the states of the
former Soviet Union capable of assisting in removing or
ameliorating those impediments, and any congressional action
that may be necessary for that purpose.
SEC. 1305. <> REPEAL OF REQUIREMENT FOR ANNUAL
COMPTROLLER GENERAL ASSESSMENT OF ANNUAL DEPARTMENT OF
DEFENSE REPORT ON ACTIVITIES AND ASSISTANCE UNDER
COOPERATIVE THREAT REDUCTION PROGRAMS.
Section 1308 of the Floyd D. Spence National Defense Authorization
Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114
Stat. 1654A-341) is amended by striking subsection (e).
TITLE XIV--MATTERS <> RELATING TO
DETAINEES
Sec. 1401. Short title
Sec. 1402. Uniform standards for the interrogation of persons under the
detention of the Department of Defense
Sec. 1403. Prohibition on cruel, inhuman, or degrading treatment or
punishment of persons under custody or control of the United
States Government
Sec. 1404. Protection of United States Government personnel engaged in
authorized interrogations
Sec. 1405. Procedures for status review of detainees outside the United
States
Sec. 1406. Training of Iraqi security forces regarding treatment of
detainees
SEC. 1401. <> SHORT TITLE.
This title may be cited as the ``Detainee Treatment Act of 2005''.
[[Page 3475]]
119 STAT. 3475
SEC. 1402. <> UNIFORM STANDARDS FOR THE
INTERROGATION OF PERSONS UNDER THE DETENTION OF THE
DEPARTMENT OF DEFENSE.
(a) In General.--No person in the custody or under the effective
control of the Department of Defense or under detention in a Department
of Defense facility shall be subject to any treatment or technique of
interrogation not authorized by and listed in the United States Army
Field Manual on Intelligence Interrogation.
(b) Applicability.--Subsection (a) shall not apply with respect to
any person in the custody or under the effective control of the
Department of Defense pursuant to a criminal law or immigration law of
the United States.
(c) Construction.--Nothing in this section shall be construed to
affect the rights under the United States Constitution of any person in
the custody or under the physical jurisdiction of the United States.
SEC. 1403. <