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H.R. 1815 (109th): National Defense Authorization Act for Fiscal Year 2006


The text of the bill below is as of Nov 23, 2005 (Passed the Senate with an Amendment).


HR 1815 EAS

In the Senate of the United States,

November 15, 2005.

Resolved, That the bill from the House of Representatives (H.R. 1815) entitled `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 personnel strengths for such fiscal year, and for other purposes.', do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

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.

      Sec. 105. UH-60 Black Hawk helicopter procurement in response to attrition.

Subtitle B--Army Programs

      Sec. 111. Multiyear procurement authority for AH-64D Apache attack helicopter block II conversions.

      Sec. 112. Multiyear procurement authority for modernized target acquisition designation/pilot night vision sensors for AH-64D Apache attack helicopters.

      Sec. 113. Multiyear procurement authority for utility helicopters.

      Sec. 114. Telemedicine and Advanced Technology Research Center.

      Sec. 115. Towed array handler.

      Sec. 116. Second source for production and supply of tires for the Stryker combat vehicle.

Subtitle C--Navy Programs

      Sec. 121. Prohibition on acquisition of next generation destroyer (DD(X)) through a single naval shipyard.

      Sec. 122. Split funding authorization for CVN-78 aircraft carrier.

      Sec. 123. LHA replacement (LHA(R)) ship.

      Sec. 124. Refueling and complex overhaul of the U.S.S. Carl Vinson.

      Sec. 125. Rapid intravenous infusion pump.

Subtitle D--Air Force Programs

      Sec. 131. C-17 Aircraft Program and Inter-Theater Airlift Requirements.

      Sec. 132. Prohibition on retirement of KC-135E aircraft.

      Sec. 133. Use of Tanker Replacement Transfer Fund for modernization of aerial refueling tankers.

      Sec. 134. Prohibition on retirement of F-117 aircraft.

      Sec. 135. Prohibition on retirement of C-130E/H tactical airlift aircraft.

      Sec. 136. Procurement of C-130J/KC-130J aircraft after fiscal year 2005.

      Sec. 137. Aircraft for performance of aeromedical evacuations.

      Sec. 138. C-37B aircraft.

Subtitle E--Defense-Wide Programs

      Sec. 151. Advanced SEAL Delivery System.

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

Subtitle A--Authorization of Appropriations

      Sec. 201. Authorization of appropriations.

      Sec. 202. Amount for science and technology.

      Sec. 203. Funding for research and technology transition for high-brightness electron source program.

      Sec. 204. Funding for development of distributed generation technologies.

Subtitle B--Program Requirements, Restrictions, and Limitations

      Sec. 211. Contract for the procurement of the Future Combat System (FCS).

      Sec. 212. Joint field experiment on stability and support operations.

      Sec. 213. Chemical demilitarization facilities.

      Sec. 214. Aging Military Aircraft Fleet Support.

      Sec. 215. Warhead/Grenade Scientific Based Manufacturing Technology.

      Sec. 216. Joint Service Small Arms Program.

      Sec. 217. Field programmable gate array.

      Sec. 218. Long Wavelength Array low frequency radio astronomy instruments.

      Sec. 219. Defense basic research programs.

      Sec. 219A. Project Sheriff.

      Sec. 219B. Medium Tactical Vehicle Modifications.

Subtitle C--Missile Defense Programs

      Sec. 221. One-year extension of Comptroller General assessments of Ballistic Missile Defense programs.

      Sec. 222. Fielding of ballistic missile defense capabilities.

      Sec. 223. Plans for test and evaluation of operational capability of the Ballistic Missile Defense System.

      Sec. 224. Arrow Ballistic Missile Defense system.

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

      Sec. 231. Research and development.

      Sec. 232. Transition of transformational manufacturing processes and technologies to the defense manufacturing base.

      Sec. 233. Manufacturing technology strategies.

      Sec. 234. Report.

      Sec. 235. Definitions.

Subtitle E--Other Matters

      Sec. 241. Expansion of eligibility for leadership of Department of Defense Test Resource Management Center.

      Sec. 242. Technology transition.

      Sec. 243. Prevention, mitigation, and treatment of blast injuries.

      Sec. 244. Modification of requirements for reports on program to award prizes for advanced technology achievements.

      Sec. 245. Designation of facilities and resources constituting the major range and test facility base.

      Sec. 246. Report on cooperation between the Department of Defense and the National Aeronautics and Space Administration on Research, Development, Test, and Evaluation Activities.

      Sec. 247. Delayed effective date for limitation on procurement of systems not GPS-Equipped.

      Sec. 248. 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.

      Sec. 304. Navy human resources benefit call center.

Subtitle B--Environmental Provisions

      Sec. 311. Elimination and simplification of certain items required in the annual report on environmental quality programs and other environmental activities.

      Sec. 312. Payment of certain private cleanup costs in connection with the Defense Environmental Restoration Program.

Subtitle C--Other Matters

      Sec. 321. Aircraft carriers.

      Sec. 322. Limitation on transition of funding for East Coast shipyards from funding through Navy Working Capital Fund to direct funding.

      Sec. 323. Use of funds from National Defense Sealift Fund to exercise purchase options on maritime prepositioning ship vessels.

      Sec. 324. Purchase and destruction of weapons overseas.

      Sec. 325. Increase in maximum contract amount for procurement of supplies and services from exchange stores outside the United States.

      Sec. 326. Extension of authority to provide logistics support and services for weapon systems contractors.

      Sec. 327. Army training strategy.

      Sec. 328. Limitation on financial management improvement and audit initiatives within the Department of Defense.

      Sec. 329. Study on use of ethanol fuel.

      Sec. 330. Modification of authority of Army working-capital funded facilities to engage in cooperative activities with non-Army entities.

      Sec. 331. Sense of the Senate regarding Depot Maintenance.

      Sec. 332. Child and family assistance benefits for members of the Armed Forces.

      Sec. 333. Reimbursement for certain protective, safety, or health equipment purchased by or for members of the Armed Forces for deployment in operations in Iraq and Central Asia.

      Sec. 334. Welfare of special category residents at Naval Station Guantanamo Bay, Cuba.

      Sec. 335. Point of Maintenance/Arsenal/Depot AIT Initiative.

      Sec. 336. Long Arm High-Intensity ARC Metal Halide Handheld Searchlight.

      Sec. 337. Report on aircraft to perform high-altitude aviation training site.

      Sec. 338. Department of Defense support for certain paralympic sporting events.

      Sec. 339. Supervision and management of Defense Business Transformation Agency.

      Sec. 340. Armament retooling and manufacturing support initiative matters.

      Sec. 341. Grants for local workforce investment boards for services for certain spouses of members of the Armed Forces.

      Sec. 342. Rest and recuperation leave programs.

      Sec. 343. Improvement of authorities on general gift funds of the Department of Defense.

      Sec. 344. Commemoration of sucess of the Armed Forces in Operation Enduring Freedom and Operation Iraqi Freedom.

      Sec. 345. Inclusion of packet based telephony in Department of Defense telecommunications benefit.

      Sec. 346. Report on effects of windmill farms on military readiness.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

      Sec. 401. End strengths for active forces.

      Sec. 402. Revision of permanent active duty end strength minimum levels.

Subtitle B--Reserve Forces

      Sec. 411. End strengths for Selected Reserve.

      Sec. 412. End strengths for Reserves on active duty in support of the Reserves.

      Sec. 413. End strengths for military technicians (dual status).

      Sec. 414. Fiscal year 2006 limitations on non-dual status technicians.

Subtitle C--Authorizations of Appropriations

      Sec. 421. Authorization of appropriations for military personnel.

      Sec. 422. Armed Forces Retirement Home.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

      Sec. 501. Exclusion of general and flag officers on leave pending separation or retirement from computation of active duty officers for general and flag officer distribution and strength limitations.

      Sec. 502. Expansion of joint duty assignments for reserve component general and flag officers.

      Sec. 503. Deadline for receipt by promotion selection boards of correspondence from eligible officers.

      Sec. 504. Furnishing to promotion selection boards of adverse information on officers eligible for promotion to certain senior grades.

      Sec. 505. Grades of the Judge Advocates General.

      Sec. 506. Temporary extension of authority to reduce minimum length of commissioned service for voluntary retirement as an officer.

      Sec. 507. Modification of strength in grade limitations applicable to reserve flag officers in active status.

      Sec. 508. Uniform authority for deferment of separation of reserve general and flag officers for age.

      Sec. 509. Applicability of officer distribution and strength limitations to officers serving in intelligence community positions.

Subtitle B--Enlisted Personnel Policy

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

      Sec. 522. Recruitment and enlistment of home schooled students in the Armed Forces.

      Sec. 523. Report on information on stop loss authorities given to enlistees in the Armed Forces.

Subtitle C--Reserve Component Personnel Matters

      Sec. 531. Requirements for physical examinations and medical and dental readiness for members of the Selected Reserve not on active duty.

      Sec. 532. Repeal of limitation on amount of financial assistance under Reserve Officers' Training Corps scholarship program.

      Sec. 533. Procedures for suspending financial assistance and subsistence allowance for senior ROTC cadets and midshipmen on the basis of health-related conditions.

      Sec. 534. Increase in maximum number of Army Reserve and Army National Guard cadets under Reserve Officers' Training Corps.

      Sec. 535. Modification of educational assistance for Reserves supporting contingency and other operations.

      Sec. 536. Repeal of limitation on authority to redesignate the Naval Reserve as the Navy Reserve.

      Sec. 537. Performance by reserve component personnel of operational test and evaluation and training relating to new equipment.

      Sec. 538. Pilot program on enhanced quality of life for members of the Army Reserve and their families.

      Sec. 539. Commencement of receipt of non-regular service retired pay by members of the Ready Reserve on active Federal status or active duty for significant periods.

      Sec. 540. Defense Science Board study on deployment of members of the National Guard and Reserves in the global war on terrorism.

      Sec. 541. Eligibility of United States Nationals for appointment to the Senior Reserve Officers' Training Corps.

      Sec. 542. Promotion of foreign language skills among members of the Reserve Officers' Training Corps.

      Sec. 543. Sense of Senate on certain matters relating to the National Guard and Reserves.

Subtitle D--Military Justice and Related Matters

      Sec. 551. Modification of periods of prosecution by courts-martial for murder, rape, and child abuse.

      Sec. 552. Establishment of offense of stalking.

      Sec. 553. Clarification of authority of military legal assistance counsel.

      Sec. 554. Administrative censures of members of the Armed Forces.

      Sec. 555. Reports by officers and senior enlisted personnel of matters relating to violations or alleged violations of criminal law.

      Sec. 556. Sense of Senate on applicability of Uniform Code of Military Justice to reserves on inactive-duty training overseas.

Subtitle E--Military Service Academies

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

Subtitle F--Administrative Matters

      Sec. 571. Clarification of leave accrual for members assigned to a deployable ship or mobile unit or other duty.

      Sec. 572. Limitation on conversion of military medical and dental billets to civilian positions.

      Sec. 573. Uniform policy on parental leave and similar leave.

      Sec. 574. Mental health screenings of members of the Armed Forces for post traumatic stress disorder and other mental health conditions.

      Sec. 575. Sense of the Senate on notice to Congress of recognition of members of the Armed Forces for extraordinary acts of bravery, heroism, and achievement.

      Sec. 576. National Call to Service program.

      Sec. 577. Designation of Ike Selton Early Commissioning Program Scholarships.

Subtitle G--Defense Dependents Education Matters

      Sec. 581. Expansion of authorized enrollment in Department of Defense dependents schools overseas.

      Sec. 582. Assistance to local educational agencies with significant enrollment increases in military dependent students due to troop relocations, creation of new units, and realignments under BRAC.

      Sec. 583. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

      Sec. 584. Impact aid for children with severe disabilities.

      Sec. 585. Pilot projects on pediatric early literacy among children of members of the Armed Forces.

Subtitle H--Other Matters

      Sec. 591. Policy and procedures on casualty assistance to survivors of military decedents.

      Sec. 592. Modification and enhancement of mission and authorities of the Naval Postgraduate School.

      Sec. 593. Expansion and enhancement of authority to present recognition items for recruitment and retention purposes.

      Sec. 594. Requirement for regulations on policies and procedures on personal commercial solicitations on Department of Defense installations.

      Sec. 595. Federal assistance for State programs under the National Guard Youth Challenge Program.

      Sec. 596. Authority for national defense university award of degree of master of science in joint campaign planning and strategy.

      Sec. 597. Clarification of certain authorities relating to the Commission on the National Guard and Reserves.

      Sec. 598. Consumer education for members of the Armed Forces and their spouses on insurance and other financial services.

      Sec. 599. Report on predatory lending practices directed at members of the Armed Forces and their dependents.

      Sec. 599A. Participation of members of the Armed Forces in the Paralympic Games.

      Sec. 599B. Modification of eligibility for position of President of the Naval Postgraduate School.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

      Sec. 601. Eligibility for additional pay of permanent military professors at the United States Naval Academy with over 36 years of service.

      Sec. 602. Enhanced authority for agency contributions for members of the Armed Forces participating in the Thrift Savings Plan.

      Sec. 603. Permanent authority for supplemental subsistence allowance for low-income members with dependents.

      Sec. 604. Modification of pay considered as saved pay upon appointment of an enlisted member as an officer.

      Sec. 605. Permanent extension of period of temporary continuation of basic allowance for housing for dependents of members of the Armed Forces who die on active duty.

      Sec. 606. Basic allowance for housing for Reserve Members.

      Sec. 607. Income replacement payments for Reserves experiencing extended and frequent mobilization for active duty service.

Subtitle B--Bonuses and Special and Incentive Pays

      Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

      Sec. 612. One-year extension of certain bonus and special pay authorities for certain health care professionals.

      Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers.

      Sec. 614. One-year extension of other bonus and special pay authorities.

      Sec. 615. Payment and repayment of assignment incentive pay.

      Sec. 616. Increase in amount of selective reenlistment bonus for certain senior supervisory nuclear qualified enlisted personnel.

      Sec. 617. Consolidation and modification of bonuses for affiliation or enlistment in the Selected Reserve.

      Sec. 618. Expansion and enhancement of special pay for enlisted members of the Selected Reserve assigned to certain high priority units.

      Sec. 619. Retention incentive and assignment bonus for members of the Selected Reserve qualified in a critical military skill or who volunteer for assignment to a high priority unit.

      Sec. 620. Termination of limitation on duration of payment of imminent danger special pay during hospitalization.

      Sec. 621. Authority for retroactive payment of imminent danger special pay.

      Sec. 622. Authority to pay foreign language proficiency pay to members on active duty as a bonus.

      Sec. 623. Incentive bonus for transfer between the Armed Forces.

      Sec. 624. Eligibility of oral and maxillofacial surgeons for incentive special pay for medical officers of the Armed Forces.

Subtitle C--Travel and Transportation Allowances

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

Subtitle D--Retired Pay and Survivor Benefits

      Sec. 641. Enhancement of death gratuity and enhancement of life insurance benefits for certain combat related deaths.

      Sec. 642. Improvement of Management of Armed Forces Retirement Home.

      Sec. 643. Repeal of requirement of reduction of SBP Survivor Annuities by Dependency and Indemnity Compensation.

      Sec. 644. Effective date for paid-up coverage under Survivor Benefit Plan.

      Sec. 645. Inclusion of veterans with service-connected disabilities rated as total by reason of unemployability under termination of phase-in of concurrent receipt of retired pay and veterans' disability compensation.

Subtitle E--Other Matters

      Sec. 651. Payment of expenses of members of the Armed Forces to obtain professional credentials.

      Sec. 652. Pilot program on contributions to Thrift Savings Plan for initial enlistees in the Armed Forces.

      Sec. 653. Extension of effective date.

      Sec. 654. Outreach to members of the Armed Forces and their dependents on the Servicemembers Civil Relief Act.

Subtitle F--Enhancement of Authorities for Recruitment and Retention

      Sec. 671. Increase in maximum rate of assignment incentive pay.

      Sec. 672. Temporary increase in basic allowance for housing in areas subject to declaration of a major disaster.

      Sec. 673. Temporary authority for incentives for recruitment of military personnel.

      Sec. 674. Pay and benefits to facilitate voluntary separation of targeted members of the Armed Forces.

      Sec. 675. Education loan repayment program for chaplains in the Selected Reserve.

      Sec. 676. Servicemembers rights under the Housing and Urban Development Act of 1968.

      Sec. 677. Extension of eligibility for SSI for certain individuals in families that include members of the Reserve and National Guard.

      Sec. 678. Denial of certain burial-related benefits for individuals who committed a capital offense.

      Sec. 679. Veterans preference eligibility for military reservists.

TITLE VII--HEALTH CARE

Subtitle A--Benefits Matters

      Sec. 701. Clarification of eligibility of Reserve officers for health care pending active duty following issuance of orders to active duty.

      Sec. 702. Limitation on deductible and copayment requirements for nursing home residents under the pharmacy benefits program.

      Sec. 703. Eligibility of surviving active duty spouses of deceased members for enrollment as dependents in a TRICARE dental plan.

      Sec. 704. Increased period of continued TRICARE Prime coverage of children of members of the uniformed services who die while serving on active duty for a period of more than 30 days.

      Sec. 705. Expanded eligibility of members of the Selected Reserve under the TRICARE program.

Subtitle B--Planning, Programming, and Management

      Sec. 711. TRICARE Standard coordinators in TRICARE regional offices.

      Sec. 712. Report on delivery of health care benefits through military health care system.

      Sec. 713. Comptroller General report on differential payments to children's hospitals for health care for children dependents under TRICARE.

      Sec. 714. Repeal of requirement for Comptroller General reviews of certain Department of Defense-Department of Veterans Affairs projects on sharing of health care resources.

      Sec. 715. Surveys on TRICARE Standard.

      Sec. 716. Modification of health care quality information and technology enhancement report requirements.

      Sec. 717. Modification of authorities relating to patient care reporting and management system.

      Sec. 718. Qualifications for individuals serving as TRICARE Regional Directors.

      Sec. 719. Report on the Department of Defense Composite Health Care System II.

      Sec. 720. Response to medical needs arising from mandatory military vaccinations.

      Sec. 721. Mental health counselors under TRICARE.

      Sec. 722. Pandemic avian flu preparedness.

      Sec. 723. Comptroller General report on expanded partnership between the Department of Defense and the Department of Veterans Affairs on the provision of health care services.

      Sec. 724. Study and report on civilian and military partnership project.

Subtitle C--Other Matters

      Sec. 731. Report on adverse health events associated with use of anti-malarial drugs.

      Sec. 732. Pilot projects on early diagnosis and treatment of post traumatic stress disorder and other mental health conditions.

      Sec. 733. Department of Defense task force on mental health.

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

Subtitle A--Acquisition Policy and Management

      Sec. 801. Internal controls for procurements on behalf of the Department of Defense.

      Sec. 802. Contract Support Acquisition Centers.

      Sec. 803. Authority to enter into acquisition and cross-servicing agreements with regional organizations of which the United States is not a member.

      Sec. 804. Requirement for authorization for procurement of major weapon systems as commercial items.

      Sec. 805. Report on service surcharges for purchases made for military departments through other Department of Defense agencies.

      Sec. 806. Review of defense acquisition structures.

      Sec. 807. Reports on significant increases in program acquisition unit costs or procurement unit costs of major defense acquisition programs.

      Sec. 808. Modification of requirements applicable to contracts authorized by law for certain military materiel.

      Sec. 809. Requirement for analysis of alternatives for major defense acquisition programs.

      Sec. 809A. Report on use of lead system integrators in the acquisition of major systems.

      Sec. 809B. Acquisition strategy for commercial satellite communication services.

      Sec. 809C. Guidance on use of tiered evaluation of offers for contracts and task orders under contracts.

      Sec. 809D. Congressional notification of cancellation of major automated information systems.

      Sec. 809E. Temporary inapplicability of Berry amendment to procurements of specialty metals used to produce force protection equipment.

      Sec. 809F. Public-private competition for work performed by civilian employees of the Department of Defense.

      Sec. 809G. Performance of certain work by Federal Government employees.

      Sec. 809H. Contracting for procurement of certain supplies and services.

      Sec. 809I. Modification and extension of pilot program on share-in-savings contracts.

      Sec. 809J. Sense of Senate on applicability of competition exceptions to eligibility of National Guard for financial assistance for performance of additional duties.

Subtitle B--Defense Industrial Base Matters

      Sec. 811. Clarification of exception from Buy American requirements for procurement of perishable food for establishments outside the United States.

      Sec. 812. Conditional waiver of domestic source or content requirements for certain countries with reciprocal defense procurement agreements with the United States.

      Sec. 813. Consistency with United States obligations under trade agreements.

      Sec. 814. Research and development efforts for purposes of Small Business Research.

Subtitle C--Defense Contractor Matters

      Sec. 821. Requirements for defense contractors relating to certain former Department of Defense officials.

      Sec. 822. Review of certain contractor ethics matters.

      Sec. 823. Contract fraud risk assessment.

      Sec. 824. Reports on certain defense contracts in Iraq and Afghanistan.

Subtitle D--Defense Acquisition Workforce Matters

      Sec. 831. Availability of funds in Acquisition Workforce Training Fund for defense acquisition workforce improvements.

      Sec. 832. Limitation and reinvestment authority relating to reduction of the defense acquisition and support workforce.

      Sec. 833. Technical amendments relating to defense acquisition workforce improvements.

      Sec. 834. Training for defense acquisition workforce on the requirements of the Berry amendment.

Subtitle E--Other Matters

      Sec. 841. Extension of contract goal for small disadvantaged business and certain institutions of higher education.

      Sec. 842. Codification and modification of limitation on modification of military equipment within five years of retirement or disposal.

      Sec. 843. Clarification of rapid acquisition authority to respond to combat emergencies.

      Sec. 844. Modification of authority to carry out certain prototype projects.

      Sec. 845. Extension of certain authorities on contracting with employers of persons with disabilities.

      Sec. 846. Pilot program on expanded public-private partnerships for research and development.

      Sec. 847. Increased limit applicable to assistance provided under certain procurement technical assistance programs.

      Sec. 848. Reports of advisory panel on laws and regulations on acquisition practices.

      Sec. 849. Exclusion of certain security expenses from consideration for purpose of small business size standards.

      Sec. 850. Small business contracting in overseas procurements.

      Sec. 851. Fair access to multiple-award contracts.

      Sec. 852. Disaster relief for small business concerns damaged by drought.

      Sec. 853. Radio frequency identifier technology.

      Sec. 854 Ensuring transparency in Federal contracting.

      Sec. 855. Termination of program.

      Sec. 856. Modification of limited acquisition authority for the Commander of the United States Joint Forces Command.

      Sec. 857 Contracting incentive for small power plants on former Military Bases.

      Sec. 858. Extension of annual reports on maturity of technology at initiation of Major Defense Acquision Programs.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

      Sec. 901. Directors of Small Business Programs.

      Sec. 902. Executive agent for acquisition of capabilities to defend the homeland against cruise missiles and other low-altitude aircraft.

      Sec. 903. Provision of audiovisual support services by the White House Communications Agency.

      Sec. 904. American Forces Network.

      Sec. 905. Report on establishment of a Deputy Secretary of Defense for Management.

      Sec. 906. Redesignation of the Naval Reserve as the Navy Reserve.

      Sec. 907. Responsibility of the Joint Chiefs of Staff as military advisers to the Homeland Security Council.

Subtitle B--Space Activities

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

Subtitle C--Other Matters

      Sec. 921. Acceptance of gifts and donations for Department of Defense regional centers for security studies.

      Sec. 922. Operational files of the Defense Intelligence Agency.

      Sec. 923. Prohibition on implementation of certain orders and guidance on functions and duties of the General Counsel and the Judge Advocate General of the Air Force.

      Sec. 924. United States Military Cancer Institute.

      Sec. 925. Authority for United States Air Force Institute of Technology to receive faculty research grants for certain purposes.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

      Sec. 1001. Transfer authority.

      Sec. 1002. Incorporation of Classified Annex.

      Sec. 1003. United States contribution to NATO common-funded budgets in fiscal year 2006.

      Sec. 1004. Reduction in certain authorizations due to savings relating to lower inflation.

      Sec. 1005. Authorization of supplemental appropriations for fiscal year 2005.

      Sec. 1006. Increase in fiscal year 2005 transfer authority.

      Sec. 1007. Monthly disbursement to States of State income tax voluntarily withheld from retired or retainer pay.

      Sec. 1008. Authorization of emergency supplemental appropriations for the Department of Defense.

Subtitle B--Naval Vessels and Shipyards

      Sec. 1021. Transfer of battleships.

      Sec. 1022. Conveyance of Navy drydock, Jacksonville, Florida.

Subtitle C--Counterdrug Matters

      Sec. 1031. Use of unmanned aerial vehicles for United States border reconnaissance.

      Sec. 1032. Use of counterdrug funds for certain counterterrorism operations.

      Sec. 1033. Support for counter-drug activities through bases of operation and training facilities in Afghanistan.

Subtitle D--Reports and Studies

      Sec. 1041. Modification of frequency of submittal of Joint Warfighting Science and Technology Plan.

      Sec. 1042. Review and assessment of Defense Base Act insurance.

      Sec. 1043. Comptroller General report on corrosion prevention and mitigation programs of the Department of Defense.

      Sec. 1044. Report on Department of Defense response to findings and recommendations of Defense Science Board Task Force on High Performance Microchip Supply.

      Sec. 1045. Report on use of space radar for topographical mapping for scientific and civil purposes.

      Sec. 1046 Pilot project for Civilian Linguist Reserve Corps.

      Sec. 1047. Report on alleged clandestine detention facilities for individuals captured in the Global War on Terrorism.

      Sec. 1048. Records of civilian casualties in Afghanistan and Iraq.

      Sec. 1049. Annual reports on budgeting relating to key military equipment.

      Sec. 1049A. Quarterly reports on war strategy in Iraq.

Subtitle E--Technical Amendments

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

Subtitle F--Military Mail Matters

      Sec. 1061. Safe delivery of mail in the military mail system.

      Sec. 1062. Delivery of mail addressed to any service member.

Subtitle G--Other Matters

      Sec. 1071. Policy on role of military medical and behavioral science personnel in interrogation of detainees.

      Sec. 1072. Improvements of Internal Security Act of 1950.

      Sec. 1073. Support for youth organizations.

      Sec. 1074. Uniform standards for the interrogation of persons under the detention of the Department of Defense.

      Sec. 1075. Prohibition on cruel, inhuman, or degrading treatment or punishment of persons under custody or control of the United States Government.

      Sec. 1076. Policy of the United States on the intercontinental ballistic missile force.

      Sec. 1077. Grant of Federal charter to Korean War Veterans Association, Incorporated.

      Sec. 1078. Establishment of the USS Oklahoma Memorial.

      Sec. 1079. Prayer at military service academy activities.

      Sec. 1080. Riot control agents.

      Sec. 1081. Drug trafficking deterrence.

      Sec. 1082. Establishment of National Foreign Language Coordination Council.

      Sec. 1083. Retention of reimbursement for provision of reciprocal fire protection services.

      Sec. 1084. Expansion of emergency services under reciprocal agreements.

      Sec. 1085. Renewal of moratorium on return of veterans memorial objects to foreign nations without specific authorization in law.

      Sec. 1086. Sense of the Senate regarding manned space flight.

      Sec. 1087. Annual report on costs to carry out United Nations resolutions.

      Sec. 1088. Sense of Senate on aeronautics research and development.

      Sec. 1089. Report on claims related to the bombing of the LaBelle Discotheque.

      Sec. 1090. Coal-to-liquid fuel development plan.

      Sec. 1091. Sense of Senate on Common Remotely Operated Weapons Station (CROWS) platform.

      Sec. 1092. Review of status of detainees.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

      Sec. 1101. Extension of authority for voluntary separations in reductions in force.

      Sec. 1102. Compensatory time off for nonappropriated fund employees of the Department of Defense.

      Sec. 1103. Extension of authority to pay severance payments in lump sums.

      Sec. 1104. Continuation of Federal Employee Health Benefits Program eligibility.

      Sec. 1105. Permanent and enhanced authority for Science, Mathematics, and Research for Transformation (SMART) defense education program.

      Sec. 1106. Strategic human capital plan for civilian employees of the Department of Defense.

      Sec. 1107. Increase in authorized number of Defense Intelligence Senior Executive Service employees.

      Sec. 1108. Comptroller General study on features of successful personnel management systems of highly technical and scientific workforces.

      Sec. 1109. Bid Protests by Federal employees in actions under Office of Management and Budget Circular A-76.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

      Sec. 1201. Commanders' Emergency Response Program.

      Sec. 1202. Enhancement and expansion of authority to provide humanitarian and civic assistance.

      Sec. 1203. Modification of geographic limitation on payment of personnel expenses under bilateral or regional cooperation programs.

      Sec. 1204. Payment of travel expenses of coalition liaison officers.

      Sec. 1205. Prohibition on engaging in certain transactions.

      Sec. 1206. Building the partnership security capacity of foreign military and security forces.

      Sec. 1207. Security and stabilization assistance.

      Sec. 1208. Report on nonstrategic nuclear weapons.

      Sec. 1209. Sense of Congress on support for Nuclear Non-Proliferation Treaty.

      Sec. 1210. The United States-China Economic and Security Review Commission.

      Sec. 1211. United States policy on Iraq.

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

      Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.

      Sec. 1302. Funding allocations.

      Sec. 1303. Permanent waiver of restrictions on use of funds for threat reduction in states of the former Soviet Union.

      Sec. 1304. Modification of authority to use Cooperative Threat Reduction funds outside the former Soviet Union.

      Sec. 1305. Repeal of requirement for annual Comptroller General assessment of annual Department of Defense report on activities and assistance under Cooperative Threat Reduction programs.

      Sec. 1306. Removal of certain restrictions on provision of cooperative threat reduction assistance.

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

      Sec. 1401. Purpose.

      Sec. 1402. Designation as emergency amounts.

      Sec. 1403. Army procurement.

      Sec. 1404. Navy and Marine Corps procurement.

      Sec. 1405. Tactical wheeled vehicles.

      Sec. 1406. Reduction in authorization of appropriations for Iraq Freedom Fund.

      Sec. 1407. Air Force procurement.

      Sec. 1408. Reduction in authorization of appropriations for Iraq Freedom Fund.

      Sec. 1409. Operation and maintenance.

      Sec. 1410. Defense Health Program.

      Sec. 1411. Military personnel.

      Sec. 1412. Iraq Freedom Fund.

      Sec. 1413. Transfer authority.

TITLE XV--RECRUITMENT AND RETENTION

      Sec. 1501. Short title.

      Sec. 1502. Increase in maximum enlistment bonus.

      Sec. 1503. Temporary authority to pay bonus to encourage members of the Army to refer other persons for enlistment in the Army.

      Sec. 1504. Increase in maximum age for enlistment.

      Sec. 1505. Repeal of prohibition on prior service enlistment bonus for receipt of other enlistment or reenlistment bonus for service in the Selected Reserve.

      Sec. 1506. Increase and enhancement of affiliation bonus for officers of the Selected Reserve.

      Sec. 1507. Enhancement of educational loan repayment authorities.

      Sec. 1508. Report on Reserve Dental Insurance Program.

TITLE XVI--TRANSITION SERVICES

      Sec. 1601. Short title.

      Sec. 1602. Improved administration of transitional assistance programs.

      Sec. 1603. Follow up assistance for members of the Armed Forces after preseparation physical examinations.

      Sec. 1604. Report on transition assistance programs.

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. Construction of battalion dining facilities, Fort Knox, Kentucky.

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 2005 projects.

      Sec. 2206. Modification of authority to carry out certain fiscal year 2004 project.

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.

      Sec. 2602. Specific authorized Army National Guard construction projects.

      Sec. 2603. Construction of facilities, New Castle County Airport Air Guard Base, Delaware.

      Sec. 2604. Construction of maintenance hangar, New Castle County Airport Air Guard Base, Delaware.

      Sec. 2605. National Guard construction 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.

      Sec. 2704. Effective date.

TITLE XXVIII--GENERAL PROVISIONS

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

      Sec. 2801. Increase in thresholds for unspecified minor military construction projects.

      Sec. 2802. Modification of cost variation authority.

      Sec. 2803. Department of Defense housing funds.

      Sec. 2804. Temporary authority to use minor military construction authority for construction of child development centers.

      Sec. 2805. Inapplicability to child development centers of restriction on authority to acquire or construct ancillary supporting facilities.

      Sec. 2806. Authority to carry out exchanges of facilities including associated utilities, equipment, and furnishings.

      Sec. 2807. Increase in number of family housing units in Korea authorized for lease by the Army at maximum amount.

Subtitle B--Real Property and Facilities Administration

      Sec. 2821. Authority to lease non-excess property of Department of Defense field activities.

      Sec. 2822. Modified criteria for agreements to limit encroachments and other constraints on military training, testing, and operations.

      Sec. 2823. Expanded authority to enter into lease-purchase agreements.

Subtitle C--Land Conveyances

Part I--Army Conveyances

      Sec. 2841. Land conveyance, Helena, Montana.

      Sec. 2842. Land conveyance, Army Reserve Center, Bothell, Washington.

      Sec. 2843. Land conveyance, Iowa Army Ammunition Plant, Middletown, Iowa.

Part II--Navy Conveyances

      Sec. 2851. Land conveyance, Marine Corps Air Station, Miramar, San Diego, California.

      Sec. 2852. Lease of United States Navy Museum facilities at Washington Navy Yard, District of Columbia.

Part III--Air Force Conveyances

      Sec. 2861. Acquisition of build-to-lease family housing at Eielson Air Force Base, Alaska.

      Sec. 2862. Land conveyance, Air Force property, La Junta, Colorado.

Subtitle D--Other Matters

      Sec. 2881. Reorganization and technical improvement of codified laws applicable to real property of the Department of Defense.

      Sec. 2882. Report on application of force protection and anti-terrorism standards to leased facilities.

      Sec. 2883. Construction at Fort Buchanan, Puerto Rico, for reserve components.

      Sec. 2884. Authority to use Papago Park Military Reservation, Arizona, for general military purposes.

      Sec. 2885. One-year extension of Department of Defense laboratory revitalization program.

      Sec. 2886. Sense of Congress on establishment of Bakers Creek Memorial.

      Sec. 2887. Report on use of ground source heat pumps at Department of Defense facilities.

      Sec. 2888. Treatment of Indian Tribal Governments as public entities for purposes of disposal of real property recommended for closure in July 2003 BRAC Commission Report.

      Sec. 2889. Sense of the Senate regarding community impact assistance related to construction of Navy Landing Field, North Carolina.

      Sec. 2890. Designation of William B. Bryant Annex.

      Sec. 2891. Required consultation with State and local entities on transportation, housing, and other infrastructure issues related to the addition of personnel or facilities at military installations as part of 2005 round of defense base closure and realignment.

      Sec. 2892. Sense of the Senate on reversionary interests at Navy homeports.

      Sec. 2893. Identification of environmental conditions at military installations closed or realigned under 2005 round of defense base closure and realignment.

      Sec. 2894. Sense of Congress on limitation on transfer of units from closed and realigned military installations pending readiness of receiving locations.

DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A--National Security Programs Authorizations

      Sec. 3101. National Nuclear Security Administration.

      Sec. 3102. Defense environmental management.

      Sec. 3103. Other defense activities.

      Sec. 3104. Defense nuclear waste disposal.

Subtitle B--Other Matters

      Sec. 3111. Report on compliance with design basis threat.

      Sec. 3112. Cost estimate for waste treatment and immobilization plant project, Hanford site, Richland, Washington.

      Sec. 3113. Report on international border security programs.

      Sec. 3114. Clarification of cooperative agreement authority under chemical demilitarization program.

      Sec. 3115. Savannah River National Laboratory.

      Sec. 3116. Rocky Flats Environmental Technology Site.

      Sec. 3117. Prohibition on use of funds for Robust Nuclear Earth Penetrator.

      Sec. 3118. Sense of the Senate regarding interim reports on residual beryllium contamination at Department of Energy vendor facilities.

      Sec. 3119. Report on advanced technologies for nuclear power reactors in the United States.

TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

      Sec. 3201. Authorization.

TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

      Sec. 3301. Revisions to required receipt objectives for previously authorized disposals from National Defense Stockpile.

      Sec. 3302. Authorization for disposal of tungsten ores and concentrates.

      Sec. 3303. Disposal of ferromanganese.

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.

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

      (1) For aircraft, $2,800,880,000.

      (2) For missiles, $1,265,850,000.

      (3) For weapons and tracked combat vehicles, $1,692,549,000.

      (4) For ammunition, $1,831,672,000.

      (5) For other procurement, $4,339,434,000.

SEC. 102. NAVY AND MARINE CORPS.

    (a) NAVY- Funds are hereby authorized to be appropriated for fiscal year 2006 for procurement for the Navy as follows:

      (1) For aircraft, $9,946,926,000.

      (2) For weapons, including missiles and torpedoes, $2,749,441,000.

      (3) For shipbuilding and conversion, $9,057,865,000.

      (4) For other procurement, $5,596,218,000.

    (b) MARINE CORPS- Funds are hereby authorized to be appropriated for fiscal year 2006 for procurement for the Marine Corps in the amount of $1,386,705,000.

    (c) NAVY AND MARINE CORPS AMMUNITION- Funds are hereby authorized to be appropriated for fiscal year 2006 for procurement of ammunition for the Navy and the Marine Corps in the amount of $892,849,000.

SEC. 103. AIR FORCE.

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

      (1) For aircraft, $13,212,633,000.

      (2) For missiles, $5,500,287,000.

      (3) For ammunition, $1,031,207,000.

      (4) For other procurement, $14,027,889,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

SEC. 105. UH-60 BLACK HAWK HELICOPTER PROCUREMENT IN RESPONSE TO ATTRITION.

    (a) Increase in Amount- Of the amount authorized to be appropriated by section 101(1) for aircraft for the Army, the amount available for the procurement UH-60 Black Hawk helicopters in response to attrition is hereby increased to $40,600,000, with the amount to be used to increase the number of UH-60 Black Hawk helicopters to be procured in response to attrition from 2 helicopters to 4 helicopters.

    (b) Offset- Of the amount authorized to be appropriated by section 101(1) for aircraft for the Army, the amount available for UH-60 Black Hawk helicopter medevac kits is hereby reduced to $29,700,000, with the amount to be derived in a reduction in the number of such kits from 10 kits to 6 kits.

Subtitle B--Army Programs

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

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

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

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

SEC. 113. MULTIYEAR PROCUREMENT AUTHORITY FOR UTILITY HELICOPTERS.

    (a) UH-60M BLACK HAWK HELICOPTERS- Beginning with the fiscal year 2006 program year, the Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into one or more multiyear contracts for the procurement of UH-60M Black Hawk helicopters.

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

SEC. 114. TELEMEDICINE AND ADVANCED TECHNOLOGY RESEARCH CENTER.

    (a) Additional Amount for Research, Development, Test and Evaluation, Army- The amount authorized to be appropriated by section 201(1) for research, development, test, and evaluation for the Army is hereby increased by $1,000,000.

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

    (c) Offset- The amount authorized to be appropriated by section 101(4) for procurement of ammunition for the Army is hereby reduced by $1,000,000, with the amount of the reduction to be allocated to amounts available for Ammunition Production Base Support, Production Base Support for the Missile Recycling Center (MRC).

SEC. 115. TOWED ARRAY HANDLER.

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

    (b) Offset- Of the amount authorized to be appropriated by section 201(2) for research, development, test, and evaluation for the Navy, the amount available for Program Element 0604558N for new design for the Virginia Class submarine for the large aperture bow array is hereby reduced by $5,000,000.

SEC. 116. SECOND SOURCE FOR PRODUCTION AND SUPPLY OF TIRES FOR THE STRYKER COMBAT VEHICLE.

    (a) Requirement- The Secretary of the Army shall conduct a participation of study of the feasibility and costs and benefits for the second source for the production and supply of tires for the Stryker combat vehicle to be procured by the Army with funds authorized to be appropriated in this Act.

    (b) Report- Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the study under subsection (a). The report shall include--

      (1) an analysis of the capacity of the industrial base in the United States to meet requirements for a second source for the production and supply of tires for the Stryker combat vehicle; and

      (2) to the extent that the capacity of the industrial base in the United States is not adequate to meet such requirements, recommendations on means, over the short-term and the long-term, to address that inadequacy.

Subtitle C--Navy Programs

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

    (a) PROHIBITION- Destroyers under the next generation destroyer (DD(X)) program may not be acquired through a winner-take-all acquisition strategy.

    (b) PROHIBITION ON USE OF FUNDS- No funds authorized to be appropriated by this Act, or any other Act, may be obligated or expended to prepare for, conduct, or implement a strategy for the acquisition of destroyers under the next generation destroyer program through a winner-take-all acquisition strategy.

    (c) WINNER-TAKE-ALL ACQUISITION STRATEGY DEFINED- In this section, the term `winner-take-all acquisition strategy', with respect to the acquisition of destroyers under the next generation destroyer program, means the acquisition (including design and construction) of such destroyers through a single shipyard.

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

    (a) AUTHORITY TO USE SPLIT FUNDING- The Secretary of the Navy is authorized to fund the detail design and construction of the aircraft carrier designated CVN-78 using split funding in the Shipbuilding and Conversion, Navy account in fiscal years 2007, 2008, 2009, and 2010.

    (b) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS- A contract entered into for the detail design and construction of the aircraft carrier designated CVN-78 shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2006 is subject to the availability of appropriations for such fiscal year.

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

    (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT FOR FISCAL YEAR 2006- Of the amount authorized to be appropriated by section 102(a)(3) for fiscal year 2006 for shipbuilding and conversion, Navy, $325,447,000 shall be available for design, advance procurement, advance construction, detail design, and construction with respect to the LHA Replacement (LHA(R)) ship.

    (b) AMOUNTS AUTHORIZED FROM SCN ACCOUNT FOR FISCAL YEARS 2007 AND 2008- Amounts authorized to be appropriated for fiscal years 2007 and 2008 for shipbuilding and conversion, Navy, shall be available for construction with respect to the LHA Replacement ship.

    (c) CONTRACT AUTHORITY-

      (1) DESIGN, ADVANCE PROCUREMENT, AND ADVANCE CONSTRUCTION- The Secretary of the Navy may enter into a contract during fiscal year 2006 for design, advance procurement, and advance construction with respect to the LHA Replacement ship.

      (2) DETAIL DESIGN AND CONSTRUCTION- The Secretary may enter into a contract during fiscal year 2006 for the detail design and construction of the LHA Replacement ship.

    (d) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS- A contract entered into under subsection (c) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2006 is subject to the availability of appropriations for that purpose for such fiscal year.

    (e) Funding as Increment of Full Funding- The amounts available under subsections (a) and (b) for the LHA Replacement ship are the first increments of funding for the full funding of the LHA Replacement (LHA(R)) ship program.

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

    (a) AMOUNT AUTHORIZED FROM SCN ACCOUNT- Of the amount authorized to be appropriated by section 102(a)(3) for fiscal year 2006 for shipbuilding and conversion, Navy, $1,493,563,000 shall be available for the commencement of the nuclear refueling and complex overhaul of the U.S.S. Carl Vinson (CVN-70). The amount available under the preceding sentence is the first increment in the incremental funding planned for the nuclear refueling and complex overhaul of the U.S.S. Carl Vinson.

    (b) CONTRACT AUTHORITY- The Secretary of the Navy may enter into a contract during fiscal year 2006 for the nuclear refueling and complex overhaul of the U.S.S. Carl Vinson.

    (c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS- A contract entered into under subsection (b) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2006 is subject to the availability of appropriations for that purpose for such fiscal year.

SEC. 125. RAPID INTRAVENOUS INFUSION PUMP.

    (a) Additional Amount for Procurement for the Marine Corps- The amount authorized to be appropriated by section 102(b) for procurement for the Marine Corps is hereby increased by $1,000,000.

    (b) Availability of Amount- Of the amount authorized to be appropriated by section 102(b) for procurement for the Marine Corps, as increased by subsection (a), $1,000,000 may be available for General Property for Field Medical Equipment for the Rapid Intravenous (IV) Infusion Pump.

    (c) Offset- The amount authorized to be appropriated by section 301(4) is hereby reduced by $1,000,000.

Subtitle D--Air Force Programs

SEC. 131. C-17 AIRCRAFT PROGRAM AND INTER-THEATER AIRLIFT REQUIREMENTS.

    (a) MULTIYEAR PROCUREMENT AUTHORIZED- 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- Before the exercise of the authority in subsection (a), the Secretary of Defense shall submit to the congressional defense committees a certification that the additional airlift capacity to be provided by the C-17 aircraft to be procured under the authority is consistent with the quadrennial defense review under section 118 of title 10, United States Code, to be submitted to Congress with the budget of the President for fiscal year 2007 (as submitted under section 1105(a) of title 31, United States Code), as qualified by subsection (c).

    (c) ADDITIONAL EXPLANATION OF INTER-THEATER AIRLIFT REQUIREMENTS-

      (1) INCLUSION IN QUADRENNIAL DEFENSE REVIEW- The Secretary of Defense shall, as part of the quadrennial defense review in 2005 and in accordance with the provisions of section 118(d)(9) of title 10, United States Code, carry out an assessment of the inter-theater airlift capabilities required to support the national defense strategy.

      (2) ADDITIONAL INFORMATION- In including the assessment required by paragraph (1) in the quadrennial defense review as required by that paragraph, the Secretary shall explain how the recommendations for future airlift force structure requirements in that quadrennial defense review take into account the following:

        (A) The increased airlift demands associated with the Army modular brigade combat teams.

        (B) The objective to deliver a brigade combat team anywhere in the world within four to seven days, a division within 10 days, and multiple divisions 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.

        (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 intra-theater airlift or sealift capabilities.

    (d) MAINTENANCE OF C-17 AIRCRAFT PRODUCTION LINE- In the event 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. USE OF TANKER REPLACEMENT TRANSFER FUND FOR MODERNIZATION OF AERIAL REFUELING TANKERS.

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

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

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

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

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

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

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

SEC. 137. AIRCRAFT FOR PERFORMANCE OF AEROMEDICAL EVACUATIONS.

    (a) REQUIREMENT TO PROCURE- The Secretary of the Air Force shall procure aircraft for the purpose of providing aeromedical evacuation services to severely injured or ill personnel.

    (b) REQUIRED CAPABILITIES- The aircraft procured under subsection (a) shall be capable of providing nonstop aeromedical evacuations across the Atlantic Ocean.

    (c) EQUIPPING- Any aircraft procured under subsection (a) shall be equipped with current aeromedical support facilities, including electrical systems, sanitation, temperature controls, pressurization capacity, safe medical storage, equipment and medicines for life support and emergency purposes, food preparation facilities, and such other facilities as the Secretary considers appropriate for the provision of aeromedical evacuation services.

    (d) DEDICATED MISSION- Each aircraft procured and equipped under this section shall be assigned the dedicated mission of providing aeromedical evacuation services as described in subsection (a).

    (e) AVAILABILITY OF FUNDS- Of the amounts authorized to be appropriated by section 103(1) for aircraft procurement for the Air Force, $200,000,000 shall be available for the procurement and equipping of up to two aircraft under this section.

SEC. 138. C-37B AIRCRAFT.

    (a) ADDITIONAL AMOUNT FOR AIRCRAFT PROCUREMENT, AIR FORCE- The amount authorized to be appropriated by section 103(1) for aircraft procurement for the Air Force is hereby increased by $45,000,000.

    (b) AVAILABILITY OF AMOUNT- Of the amount authorized to be appropriated by section 103(1) for aircraft for the Air Force, as increased by subsection (a), up to $45,000,000 may be used for the procurement of one C-37B aircraft.

    (c) OFFSET- The amount authorized to be appropriated by section 301(1) for operation and maintenance for the Army is hereby reduced by $25,000,000, and the amount authorized to be appropriated by section 301(5) for operation and maintenance, defensewide, is hereby reduced by $20,000,000.

Subtitle E--Defense-Wide Programs

SEC. 151. ADVANCED SEAL DELIVERY SYSTEM.

    (a) LIMITATION ON AVAILABILITY OF FUNDS FOR ADVANCE PROCUREMENT- No funds authorized to be appropriated by this Act for fiscal year 2006 for advance procurement of components for the Advanced SEAL Delivery System may be obligated or expended for that purpose until 30 days after the date on which the Secretary of Defense certifies to the congressional defense committees that the Under Secretary of Defense for Acquisition, Technology, and Logistics has made a favorable milestone C decision regarding the Advanced SEAL Delivery System. The certification shall be submitted together with the comprehensive report on the Advanced SEAL Delivery System required by subsection (b).

    (b) REPORT- As soon as possible after completion of the review of the Advanced SEAL Delivery System by the Defense Acquisition Board, the Secretary shall submit to the congressional defense committees a report that includes the following:

      (1) The result of the milestone C decision on the Advanced SEAL Delivery System made by the Under Secretary of Defense for Acquisition, Technology, and Logistics.

      (2) Such recommendations as the Secretary considers appropriate regarding the continuation, restructuring, or termination of the Advanced SEAL Delivery System program, including recommendations on adjustments to contractual arrangements in connection with the continuation, restructuring, or termination of the program.

      (3) A detailed summary of the revised cost estimate and future cost estimates for the Advanced SEAL Delivery System program, which cost estimates shall be validated for purposes of the report by the Cost Analysis and Improvement Group within the Office of the Secretary of Defense.

      (4) A detailed acquisition strategy for the Advanced SEAL Delivery System, if the Secretary recommends the continuation or restructuring of the Advanced SEAL Delivery System program under paragraph (2).

      (5) A plan to demonstrate realistic strategies for solving any technical and performance problems identified during the final operational test and evaluation of the Advanced SEAL Delivery System proposed to be conducted during the summer of 2005.

    (c) COMPTROLLER GENERAL REVIEW-

      (1) IN GENERAL- In order to achieve the purposes set forth in paragraph (2), the Comptroller General of the United States shall--

        (A) review the adequacy of the final operational test and evaluation test plan for the Advanced SEAL Delivery System;

        (B) review the results of the operational test of the Advanced SEAL Delivery System; and

        (C) update the March 2003 Comptroller General report entitled Defense Acquisition, Advanced SEAL Delivery System Program Needs Increased Oversight (GAO-03-442).

      (2) PURPOSES- The purposes of the review and update under paragraph (1) are as follows:

        (A) To examine the progress made toward meeting operational requirements and technical challenges with respect to the Advanced SEAL Delivery System.

        (B) To assess the capacity of the Advanced SEAL Delivery System program to meet schedule and cost projections for that program.

        (C) To identify and evaluation any remaining factors that may contribute to potential future problems for the Advanced SEAL Delivery System program.

      (3) REPORT- The Comptroller General shall submit to the congressional defense committees a report on the activities of the Comptroller General under paragraph (1) not later than February 1, 2006.

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

Subtitle A--Authorization of Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

      (1) For the Army, $9,716,824,000.

      (2) For the Navy, $18,398,091,000.

      (3) For the Air Force, $22,636,568,000.

      (4) For Defense-wide activities, $19,011,754,000, of which $168,458,000 is authorized for the Director of Operational Test and Evaluation.

SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY.

    (a) AMOUNT FOR PROJECTS- Of the total amount authorized to be appropriated by section 201, $10,924,401,000 shall be available for science and technology projects.

    (b) SCIENCE AND TECHNOLOGY DEFINED- In this section, the term `science and technology project' means work funded in program elements for defense research, development, test, and evaluation under Department of Defense budget activities 1, 2, or 3.

SEC. 203. FUNDING FOR RESEARCH AND TECHNOLOGY TRANSITION FOR HIGH-BRIGHTNESS ELECTRON SOURCE PROGRAM.

    (a) Increase in Funds Available to Navy for Research, Development, Test, and Evaluation- The amount authorized to be appropriated by section 201(2) for research, development, test, and evaluation for the Navy maybe increased by $1,500,000.

    (b) Reduction in Funds Available to Army for Procurement, Ammunition- The amount authorized to be appropriated by section 301(4) for the Air Force is hereby reduced by $1,500,000.

SEC. 204. FUNDING FOR DEVELOPMENT OF DISTRIBUTED GENERATION TECHNOLOGIES.

    (a) Increase in Funds Available to Army for Research, Development, Test, and Evaluation- The amount authorized to be appropriated by section 201(1) for research, development, test, and evaluation for the Army maybe increased by $1,000,000, with the amount of such increase to be available for research on and facilitation of technology for converting obsolete chemical munitions to fertilizer.

    (b) Reduction in Funds- The amount authorized to be appropriated by section 301(4) for the Air Force is hereby reduced by $1,000,000.

Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

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

    (a) JOINT FIELD EXPERIMENT REQUIRED- The Secretary of Defense shall, in fiscal year 2006, carry out a joint field experiment to address matters relating to stability and support operations.

    (b) PURPOSES- The purposes of the joint field experiment under subsection (a) are as follows:

      (1) To explore critical challenges associated with the planning and execution of military and support activities required in the post-conflict environment following major combat activities.

      (2) To facilitate the development of recommendations for appropriate policy, doctrine, training infrastructure, and organizational structures to best facilitate the conduct of effective stability and support operations in such an environment.

    (c) PARTICIPATING ELEMENTS AND FORCES-

      (1) IN GENERAL- The joint field experiment under subsection (a) shall involve--

        (A) elements of the Army, the Marine Corps, and the Special Operations Command selected by the Secretary for purposes of the field experiment;

        (B) representatives of policy elements within the Department selected by the Secretary for such purposes; and

        (C) any other forces or elements of the Department that the Secretary considers appropriate for such purposes.

      (2) ADDITIONAL ELEMENTS- The Secretary shall also invite the participation in the field experiment of appropriate elements of other departments and agencies of the United States Government, and of such elements and forces of coalition nations, as the Secretary considers appropriate for purposes of the field experiment.

    (d) REPORT- Not later than January 31, 2007, the Secretary shall submit to the congressional defense committees a report on the joint field experiment under subsection (a). The report shall include--

      (1) a description of the field experiment;

      (2) the findings of the Secretary as a result of the field experiment; and

      (3) such recommendations, including recommendations for additional legislative or administrative actions and recommendations on funding required to implement such actions, as the Secretary considers appropriate in light of the field experiment.

SEC. 213. CHEMICAL DEMILITARIZATION FACILITIES.

    (a) Authority To Use Research, Development, Test, and Evaluation Funds To Construct Facilities- The Secretary of Defense may, using amounts authorized to be appropriated by section 201(4) for research, development, test, and evaluation, Defense-wide and available for chemical weapons demilitarization activities under the Assembled Chemical Weapons Alternatives program, carry out construction projects, or portions of construction projects, for facilities necessary to support chemical demilitarization operations at each of the following:

      (1) Pueblo Army Depot, Colorado.

      (2) Blue Grass Army Depot, Kentucky.

    (b) Scope of Authority- The authority in subsection (a) to carry out a construction project for facilities includes authority to carry out planning and design and the acquisition of land for the construction or improvement of such facilities.

    (c) Limitation on Amount of Funds- The amount of funds that may be utilized under the authority in subsection (a) may not exceed $51,000,000.

    (d) Duration of Authority- A construction project, or portion of a construction project, may not be commenced under the authority in subsection (a) after September 30, 2006.

    (e) Notice and Wait- The Secretary may not carry out a construction project, or portion of a construction project, under the authority in subsection (a) until the end of the 21-day period beginning on the date on which the Secretary notifies the congressional defense committees of the intent to carry out such project.

SEC. 214. AGING MILITARY AIRCRAFT FLEET SUPPORT.

    (a) Additional Amount for Research, Development, Test, and Evaluation for the Air Force- The amount authorized to be appropriated by section 201(3) for research, development, test, and evaluation for the Air Force is hereby increased by $4,000,000.

    (b) Availability of Amount- Of the amount authorized to be appropriated by section 201(3) for research, development, test, and evaluation for the Air Force, as increased by subsection (a), $4,000,000 may be available for Program Element #63112F for Aging Military Aircraft Fleet Support.

    (c) Offset- The amount authorized to be appropriated by section 301(4) for operation and maintenance for Air Force activities is hereby reduced by $4,000,000.

SEC. 215. WARHEAD/GRENADE SCIENTIFIC BASED MANUFACTURING TECHNOLOGY.

    (a) Additional Amount for Research, Development, Test, and Evaluation for the Army- The amount authorized to be appropriated by section 201(1) for research, development, test, and evaluation for the Army is hereby increased by $1,000,000.

    (b) Availability of Amount- Of the amount authorized to be appropriated by section 201(1) for research, development, test, and evaluation for the Army, as increased by subsection (a), $1,000,000 may be available for Weapons and Ammunition Technology (PE #602624A) for Warhead/Grenade Scientific Based Manufacturing Technology.

    (c) Offset- The amount authorized to be appropriated by section 301(4) for operation and maintenance, Air Force activities is hereby reduced by $1,000,000.

SEC. 216. JOINT SERVICE SMALL ARMS PROGRAM.

    (a) Increased Amount for Research, Development, Test, and Evaluation, Army- The amount authorized to be appropriated by section 201(1) for research, development, test, and evaluation for the Army is hereby increased by $5,000,000.

    (b) Availability of Amount- Of the amount authorized to be appropriated by section 201(1) for research, development, test, and evaluation for the Army, as increased by subsection (a), $5,000,000 may be available for the Joint Service Small Arms Program.

    (c) Offset- The amount authorized to be appropriated by section 301(4) is hereby reduced by $5,000,000.

SEC. 217. FIELD PROGRAMMABLE GATE ARRAY.

    (a) Additional Amount for Research, Development, Test, and Evaluation, Air Force- The amount authorized to be appropriated by section 201(3) for research, development, test, and evaluation for the Air Force is hereby increased by $3,000,000.

    (b) Availability of Amount- Of the amount authorized to be appropriated by section 201(3) for research, development, test, and evaluation for the Air Force, as increased by subsection (a), $3,000,000 may be available for Space Technology (PE #0602601F) for research and development on the reliability of field programmable gate arrays for space applications, including design of an assurance strategy, reference architectures, research and development on reliability and radiation hardening, and outreach to industry and localities to develop core competencies.

    (c) Offset- The amount authorized to be appropriated by section 301(4) is hereby reduced by $3,000,000.

SEC. 218. LONG WAVELENGTH ARRAY LOW FREQUENCY RADIO ASTRONOMY INSTRUMENTS.

    (a) Additional Amount for Research, Development, Test, and Evaluation, Navy- The amount authorized to be appropriated by section 201(2) for research, development, test, and evaluation for the Navy is hereby increased by $6,000,000.

    (b) Availability of Amount-

      (1) IN GENERAL- Of the amount authorized to be appropriated by section 201(2) for research, development, test, and evaluation for the Navy, as increased by subsection (a), $6,000,000 may be available for research and development on Long Wavelength Array low frequency radio astronomy instruments.

      (2) CONSTRUCTION WITH OTHER AMOUNTS- The amount available under paragraph (1) for the purpose set forth in that paragraph is in addition to any other amounts available under this Act for that purpose.

    (c) Offset- The amount authorized to be appropriated by section 301(4) for operation and maintenance for the Air Force is hereby reduced by $6,000,000.

SEC. 219. DEFENSE BASIC RESEARCH PROGRAMS.

    (a) ARMY PROGRAMS- (1) The amount authorized to be appropriated by section 201(1) for research, development, test, and evaluation for the Army is hereby increased by $10,000,000.

    (2) Of the amount authorized to be appropriated by section 201(1) for research, development, test, and evaluation for the Army, as increased by paragraph (1), $10,000,000 may be available for Program Element 0601103A for University Research Initiatives.

    (b) NAVY PROGRAMS- (1) The amount authorized to be appropriated by section 201(2) for research, development, test, and evaluation for the Navy is hereby increased by $5,000,000.

    (2) Of the amount authorized to be appropriated by section 201(2) for research, development, test, and evaluation for the Navy, as increased by paragraph (1), $5,000,000 may be available for Program Element 0601103N for University Research Initiatives.

    (c) AIR FORCE PROGRAMS- (1) The amount authorized to be appropriated by section 201(3) for research, development, test, and evaluation for the Air Force is hereby increased by $10,000,000.

    (2) Of the amount authorized to be appropriated by section 201(3) for research, development, test, and evaluation for the Air Force, as increased by paragraph (1), $10,000,000 may be available for Program Element 0601103F for University Research Initiatives.

    (d) DEFENSE-WIDE ACTIVITIES- (1) The amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation for Defense-wide activities is hereby increased by $15,000,000.

    (2) Of the amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation for Defense-wide activities, as increased by paragraph (1)--

      (A) $10,000,000 may be available for Program Element 0601120D8Z for the SMART National Defense Education Program; and

      (B) $5,000,000 may be available for Program Element 0601101E for the Defense Advanced Research Projects Agency University Research Program in Computer Science and Cybersecurity.

    (e) OFFSETS- (1) The amount authorized to be appropriated by section 301(2), Operation and Maintenance, Navy, is hereby reduced by $40,000,000.

SEC. 219A. PROJECT SHERIFF.

    (a) Availability of Amount- Of the amount authorized to be appropriated by section 201(4) for research, development, test, and evaluation for Defense-wide activities, the amount available for the Force Transformation Directorate may be increased by $10,000,000, with the amount of the increase to be available for Project Sheriff.

    (b) Offset- Of the amount authorized to be appropriated by section 301(4) is hereby reduced by $10,000,000.

SEC. 219B. MEDIUM TACTICAL VEHICLE MODIFICATIONS.

    (a) ADDITIONAL AMOUNT FOR RESEARCH, DEVELOPMENT, TEST, AND EVALUATION, ARMY- The amount authorized to be appropriated by section 201(1) for Research, Development, Test, and Evaluation for the Army, is hereby increased by $5,000,000.

    (b) AVAILABILITY OF AMOUNT- Of the amount authorized to be appropriated by section 201(1) for Research, Development, Test, and Evaluation for the Army, as increased by subsection (a), $5,000,000 may be available for Medium Tactical Vehicle Modifications.

    (c) OFFSET- The amount authorized to be appropriated by section 301(4) for Operation and Maintenance for the Air Force is hereby reduced by $5,000,000.

Subtitle C--Missile Defense Programs

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

    (a) EXTENSION- Section 232(g) of the National Defense Authorization Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amended--

      (1) in paragraph (1), by striking `through 2006' and inserting `through 2007'; and

      (2) in paragraph (2), by striking `through 2007' and inserting `through 2008'.

    (b) MODIFICATION OF SUBMITTAL DATE- Paragraph (2) of such section is further amended by striking `February 15' and inserting `March 15'.

SEC. 222. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

    (a) AUTHORITY TO USE FUNDS- Funds referred to in subsection (b) may, upon approval by the Secretary of Defense, be used for the development and fielding of ballistic missile defense capabilities.

    (b) COVERED FUNDS- Funds referred to in this subsection are funds authorized to be appropriated for fiscal year 2006 or 2007 for research, development, test, and evaluation for the Missile Defense Agency.

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

    (a) PLANS REQUIRED-

      (1) IN GENERAL- With respect to block 06, and each subsequent block, of the Ballistic Missile Defense System, the appropriate joint and service operational test and evaluation components of the Department of Defense concerned with such block shall, in coordination with the Missile Defense Agency and subject to the review and approval of the Director of Operational Test and Evaluation, prepare a plan to test, evaluate, and characterize the operational capability of such block.

      (2) NATURE OF PLANS- Each plan prepared under this subsection shall be appropriate for the level of technological maturity of the block to be tested.

    (b) REPORTS ON TEST AND EVALUATION OF BLOCKS- At the conclusion of the test and evaluation of block 06, and of each subsequent block, of the Ballistic Missile Defense System, the Director of Operational Test and Evaluation shall submit to the Secretary of Defense, and to the congressional defense committees, a report providing--

      (1) the assessment of the Director as to whether or not such test and evaluation was adequate to evaluate the operational capability of such block; and

      (2) the characterization of the Director as to the operational effectiveness, suitability, and survivability of such block, as appropriate for the level of technological maturity of the block to be tested.

SEC. 224. ARROW BALLISTIC MISSILE DEFENSE SYSTEM.

    Of the amount authorized to be appropriated by section 201(5) for research, development, test, and evaluation for Defense-wide activities and available for ballistic missile defense, $80,000,000 may be available for coproduction of the Arrow ballistic missile defense system.

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

SEC. 231. RESEARCH AND DEVELOPMENT.

    (a) IDENTIFICATION OF ENHANCED PROCESSES AND TECHNOLOGIES- The Under Secretary of the Defense for Acquisition, Technology, and Logistics shall identify advanced manufacturing processes and technologies whose utilization will achieve significant productivity and efficiency gains in the defense manufacturing base.

    (b) RESEARCH AND DEVELOPMENT- The Under Secretary shall undertake research and development on processes and technologies identified under subsection (a) that addresses, in particular--

      (1) innovative manufacturing processes and advanced technologies; and

      (2) the creation of extended production enterprises using information technology and new business models.

    (c) DEFENSE PRIORITIES- In undertaking research and development under subsection (b), the Under Secretary shall consider defense priorities established in the most current Joint Warfighting Science and Technology Plan.

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

    (a) ACCELERATION OF TRANSITION FROM SCIENCE AND TECHNOLOGY-

      (1) IN GENERAL- The Under Secretary of Defense for Acquisition, Technology, and Logistics shall undertake appropriate actions to accelerate the transition of transformational manufacturing technologies and processes (including processes and technologies identified under section 231) from the research stage to utilization by manufacturers in the defense manufacturing base.

      (2) EXECUTION- The actions undertaken under paragraph (1) shall include a memorandum of understanding among the Director of Defense Research and Engineering, other appropriate elements of the Department of Defense, and the Joint Defense Manufacturing Technology Panel to accelerate the transition of technologies and processes as described in that paragraph.

    (b) PROTOTYPES AND TESTBEDS-

      (1) IN GENERAL- The Under Secretary shall, utilizing the Manufacturing Technology Program, undertake the development of prototypes and testbeds to promote the purposes of this section.

      (2) COORDINATION OF ACTIVITIES- The Under Secretary shall coordinate activities under this subsection with activities under the Small Business Innovation Research Program and the Small Business Technology Transfer Program.

    (c) DEVELOPMENT OF IMPROVEMENT PROCESS- The Under Secretary shall, in consultation with persons and organizations in the defense manufacturing base, develop and implement a program to continuously identify and utilize improvements and innovative processes in appropriate defense acquisition programs and by manufacturers in the defense manufacturing base.

    (d) DIFFUSION OF ENHANCEMENTS INTO DEFENSE MANUFACTURING BASE- The Under Secretary shall ensure the utilization in industry of enhancements in productivity and efficiency identified by reason of activities under this subtitle through the following:

      (1) Research and development activities under the Manufacturing Technology Program, including the establishment of public-private partnerships.

      (2) Outreach through the Manufacturing Extension Partnership Program under memoranda of agreement, cooperative programs, and other appropriate arrangements.

      (3) Coordination with activities under such other current programs for the dissemination of manufacturing technology as the Under Secretary considers appropriate.

      (4) Identification of incentives for contractors in the defense manufacturing base to incorporate and utilize manufacturing enhancements in the manufacturing activities.

SEC. 233. MANUFACTURING TECHNOLOGY STRATEGIES.

    (a) IN GENERAL- The Under Secretary of Defense for Acquisition, Technology, and Logistics may--

      (1) identify an area of technology where the development of an industry-prepared roadmap for new manufacturing and technology processes applicable to defense manufacturing requirements would be beneficial to the Department of Defense; and

      (2) establish a task force, and act in cooperation, with the private sector to map the strategy for the development of manufacturing processes and technologies needed to support technology development in the area identified under paragraph (1).

    (b) COMMENCEMENT OF ROADMAPPING- The Under Secretary shall commence any roadmapping identified pursuant to subsection (a)(1) not later than January 2007.

SEC. 234. REPORT.

    (a) IN GENERAL- Not later than December 31, 2007, the Under Secretary of the Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report on the actions undertaken by the Under Secretary under this subtitle during fiscal year 2006.

    (b) ELEMENTS- The report under subsection (a) shall include--

      (1) a comprehensive description of the actions undertaken under this subtitle during fiscal year 2006;

      (2) an assessment of effectiveness of such actions in enhancing research and development on manufacturing technologies and processes, and implementation of such within the defense manufacturing base; and

      (3) such recommendations as the Under Secretary considers appropriate for additional actions to be undertaken in order to increase the effectiveness of the actions undertaken under this subtitle in enhancing manufacturing activities within the defense manufacturing base.

SEC. 235. DEFINITIONS.

    In this subtitle:

      (1) DEFENSE MANUFACTURING BASE- The term `defense manufacturing base' includes any supplier of the Department of Defense, including a supplier of raw materials.

      (2) EXTENDED PRODUCTION ENTERPRISE- The term `extended production enterprise' means a system in which key entities, including entities engaged in product development, manufacturing, sourcing, and user entities, in the manufacturing chain are linked together through information technology and other means to promote efficiency and productivity.

      (3) MANUFACTURING EXTENSION PARTNERSHIP PROGRAM- The term `Manufacturing Extension Partnership Program' means the Manufacturing Extension Partnership Program of the Department of Commerce.

      (4) MANUFACTURING TECHNOLOGY PROGRAM- The term `Manufacturing Technology Program' means the Manufacturing Technology Program under the Director of Defense Research and Engineering under section 2521 of title 10, United States Code.

      (5) SMALL BUSINESS INNOVATION RESEARCH PROGRAM- The term `Small Business Innovation Research Program' has the meaning given that term in section 2055(11) of title 10, United States Code.

      (6) SMALL BUSINESS TECHNOLOGY TRANSFER PROGRAM- The term `Small Business Technology Transfer Program' has the meaning given that term in section 2500(12) of title 10, United States Code.

Subtitle E--Other Matters

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

    (a) DIRECTOR OF CENTER- Paragraph (1) of section 196(b) of title 10, United States Code, is amended by striking `commissioned officers' and all that follows through the end of the sentence and inserting `individuals who have substantial experience in the field of test and evaluation.'.

    (b) DEPUTY DIRECTOR OF CENTER- Paragraph (2) of such section is amended by striking `senior civilian officers and employees of the Department of Defense' and inserting `individuals'.

SEC. 242. TECHNOLOGY TRANSITION.

    (a) CLARIFICATION OF DUTIES OF TECHNOLOGY TRANSITION COUNCIL- Paragraph (2) of section 2359a(g) of title 10, United States Code, is amended to read as follows:

    `(2) The duty of the Council shall be to support the Undersecretary of Defense for Acquisition, Technology, and Logistics in the development of policies to facilitate the rapid transition of technologies from science and technology programs of the Department of Defense into acquisition programs of the Department.'.

    (b) REPORT ON TECHNOLOGY TRANSITION-

      (1) IN GENERAL- The Secretary of Defense, working through the Technology Transition Council, shall submit to the congressional defense committees a report on the challenges associated with technology transition from the science and technology programs of the Department of Defense to the acquisition programs of the Department, and a strategy to address such challenges, including--

        (A) a description of any organizational barriers to technology transition between operations, acquisition, and technology development components of the Department;

        (B) an assessment of the effect of Department acquisition regulations on technology transition;

        (C) a description of the role of technology transition in the planning, programming, and budgeting processes of the Department;

        (D) a description of any other challenges associated with technology transition in the Department that are identified by the Secretary;

        (E) a Department-wide strategy for pursuing technology transition; and

        (F) such recommendations as the Secretary considers appropriate for the improvement of technology transition and for the elimination of internal barriers within the Department to technology transition.

      (2) SUBMITTAL DATE- The report under paragraph (1) shall be submitted at the same time the budget of the President is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, for fiscal year 2007.

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

    (a) DESIGNATION OF EXECUTIVE AGENT- The Secretary of Defense shall designate a senior official of the Department of Defense as the executive agent responsible for coordinating and managing the programs and efforts of the Department of Defense with respect to the prevention, mitigation, and treatment of blast injuries.

    (b) GENERAL RESPONSIBILITY- The executive agent designated under subsection (a) shall be responsible for ensuring that--

      (1) the programs and efforts of the Department of Defense on the prevention, mitigation, and treatment of blast injuries are adequate to meet requirements relating to the prevention, mitigation, and treatment of such injuries; and

      (2) the resources devoted to such programs and efforts facilitate the achievement of the objective specified in paragraph (1).

    (c) RESEARCH EFFORTS- The executive agent designated under subsection (a) shall--

      (1) review and assess the adequacy of current research efforts of the Department of Defense on the prevention, mitigation, and treatment of such injuries;

      (2) establish requirements for such research efforts in order to enhance and accelerate such research efforts; and

      (3) establish, coordinate, and oversee Department-wide research efforts on the prevention, mitigation, and treatment of such injuries, including--

        (A) in the case of blast injury prevention, research on--

          (i) blast characterization in a variety of environments;

          (ii) modeling and simulation of safe blast stand-off distances;

          (iii) detect and defeat capabilities; and

          (iv) such other matters as such official considers appropriate;

        (B) in the case of blast injury mitigation, research on--

          (i) armor design and materials testing for blast and ballistic protection;

          (ii) the design of a comprehensive, integrated, flexible armor system which provides blast, ballistic, and fire protection for the head, neck, ears, eyes, torso, and extremities; and

          (iii) such other matters as such official considers appropriate; and

        (C) in the case of blast injury treatment, research on emerging military medical technologies, pharmacological agents, devices, and treatment and rehabilitation techniques.

    (d) STUDIES- The executive agent designated under subsection (a) shall conduct studies on the prevention, mitigation, and treatment of blast injuries, including--

      (1) studies to improve the clinical evaluation and treatment of blast injuries, with an emphasis on traumatic brain injuries and other consequences of blast injury, including acoustic and eye injuries and injuries resulting from over-pressure wave; and

      (2) studies to develop improved clinical protocols by which physicians--

        (A) can more accurately evaluate traumatic brain injuries and discriminate between traumatic brain injuries and post traumatic stress disorder (including improved diagnostic and cognitive measures);

        (B) can identify members of the Armed Forces who may have both traumatic brain injury and post traumatic stress disorder; and

        (C) can develop integrated treatment approaches for servicemembers who have both traumatic brain injuries and post traumatic stress disorder and other multiple injuries.

    (e) PILOT PROJECTS- The executive agent designated under subsection (a) shall commence in fiscal year 2006 not less than three pilot projects on the prevention, mitigation, and treatment of blast injuries, including pilot projects--

      (1) to study the incidence in returning soldiers of traumatic brain injuries attributable to blast injuries;

      (2) to develop protocols for medical tracking of members of the Armed Forces for up to five years following blast injuries; and

      (3) to refine and improve educational interventions for blast injury survivors and their families.

    (f) TRAINING PROGRAM- The executive agent designated under subsection (a) shall establish a training program for medical and non-medical personnel on the prevention, mitigation, and treatment of blast injuries which program shall be intended to improve field and clinical training on early identification of blast injury consequences, both seen and unseen, including traumatic brain injuries, acoustic injuries, and internal injuries.

    (g) TREATMENT PROGRAM- The executive agent designated under subsection (a) shall conduct a treatment program intended to enhance the evaluation and care of members of the Armed Forces with traumatic brain injuries in medical facilities in the United States and in deployed medical facilities.

    (h) ANNUAL REPORTS ON BLAST INJURY MATTERS-

      (1) REPORTS REQUIRED- Not later than February 15, 2006, and annually thereafter through 2010, the Secretary of Defense shall submit to the congressional defense committees a report on the efforts of the Department of Defense to prevent, mitigate, and treat blast injuries.

      (2) ELEMENTS- Each report under paragraph (1) shall include the following:

        (A) A description of the activities undertaken under this section during the year preceding the report to improve the prevention, mitigation, and treatment of blast injuries.

        (B) A consolidated budget presentation for the programs and activities of the Department of Defense during the fiscal year beginning in the year of the report for the prevention, mitigation, and treatment of blast injuries.

        (C) A description of any gaps in the capabilities of the Department under its programs and activities for the prevention, mitigation, and treatment of blast injuries, and a description of any plans or projects to address such gaps.

        (D) A description of collaboration, if any, with other departments and agencies of the Federal Government, and with other countries, during the year preceding the report in efforts for the prevention, mitigation, and treatment of blast injuries.

        (E) A description of any efforts during the year preceding the report to disseminate findings on the mitigation and treatment of blast injuries through civilian and military research and medical communities.

        (F) A description of the status of efforts during the year preceding the report to design a comprehensive force protection system that is effective in confronting blast, ballistic, and fire threats.

    (i) BLAST INJURIES DEFINED- In this section, the term `blast injuries' means injuries that occur as the result of the detonation of high explosives, including vehicle-borne and person-borne explosive devices, rocket-propelled grenades, and improvised explosive devices.

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

    Subsection (e) of section 2374a of title 10, United States Code, is amended to read as follows:

    `(e) Annual Report- (1) Not later than March 1 each year, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the activities undertaken by the Defense Advanced Research Projects Agency in the preceding year under the authority of this section.

    `(2) The report for a year under this subsection shall include the following:

      `(A) The results of consultations between the Director and officials of the military departments regarding the areas of research, technology development, or prototype development for which prizes would be awarded under the program under this section.

      `(B) A description of the proposed goals of the competitions established under the program, including the areas of research, technology development, or prototype development to be promoted by such competitions and the relationship of such areas to the military missions of the Department.

      `(C) The total amount of cash prizes awarded under the program, including a description of the manner in which the amounts of cash prizes awarded and claimed were allocated among the accounts of the Defense Advanced Research Projects Agency for recording as obligations and expenditures.

      `(D) The methods used for the solicitation and evaluation of submissions under the program, together with an assessment of the effectiveness of such methods.

      `(E) A description of the resources, including personnel and funding, used in the execution of the program, together with a detailed description of the activities for which such resources were used.

      `(F) A description of any plans to transition the technologies or prototypes developed as a result of the program into acquisition programs of the Department.

      `(G) For each competition under the program, a statement of the reasons why the competition was a preferable means of promoting basic, advanced, or applied research, technology development, or prototype development projects to other means of promoting such projects, including contracts, grants, cooperative agreements, or other transactions.'.

SEC. 245. 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. 246. REPORT ON COOPERATION BETWEEN THE DEPARTMENT OF DEFENSE AND THE 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, but not be limited to, areas relating to the following:

      (1) Aeronautics research.

      (2) Facilities, personnel, and support infrastructure.

      (3) Propulsion and power technologies.

      (4) Space access and operations.

SEC. 247. 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 (Public Law 103-160; 107 Stat. 1578), as amended by section 218(e) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 1952; 10 U.S.C. 2281 note), is further amended by striking `2005' and inserting `2007'.

    (b) Ratification of Actions- 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.

SEC. 248. 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 detailed description, including budget estimates, of all Department programs and activities on robotics and unmanned ground vehicle systems for fiscal years 2004 through 2012, including 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 nongovernment organizations in the development of new capabilities in robotics and unmanned ground vehicle systems.

      (8) An assessment of the short-term and long-term ability of the industrial base of the United States to support the production of robotics and unmanned ground vehicle systems to meet Department requirements.

      (9) An assessment of the progress being made to achieve the goal established by section 220(a)(2) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-38) that, by 2015, one-third of operational ground combat vehicles be unmanned.

      (10) An assessment of international research, technology, and military capabilities in robotics and unmanned ground vehicle systems.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

    Funds are hereby authorized to be appropriated for fiscal year 2006 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:

      (1) For the Army, $24,951,460,000.

      (2) For the Navy, $30,547,489,000.

      (3) For the Marine Corps, $3,842,026,000.

      (4) For the Air Force, $31,425,919,000.

      (5) For Defense-wide activities, $18,584,469,000.

      (6) For the Army Reserve, $1,989,382,000.

      (7) For the Naval Reserve, $1,245,695,000.

      (8) For the Marine Corps Reserve, $199,934,000.

      (9) For the Air Force Reserve, $2,559,686,000.

      (10) For the Army National Guard, $4,528,019,000.

      (11) For the Air National Guard, $4,772,991,000.

      (12) For the United States Court of Appeals for the Armed Forces, $11,236,000.

      (13) For Environmental Restoration, Army, $407,865,000.

      (14) For Environmental Restoration, Navy, $305,275,000.

      (15) For Environmental Restoration, Air Force, $406,461,000.

      (16) For Environmental Restoration, Defense-wide, $28,167,000.

      (17) For Environmental Restoration, Formerly Used Defense Sites, $261,921,000.

      (18) For Overseas Humanitarian, Disaster, and Civic Aid programs, $61,546,000.

      (19) For Cooperative Threat Reduction programs, $415,549,000.

      (20) For the Overseas Contingency Operations Transfer Fund, $20,000,000.

SEC. 302. WORKING CAPITAL FUNDS.

    Funds are hereby authorized to be appropriated for fiscal year 2006 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds in amounts as follows:

      (1) For the Defense Working Capital Funds, $1,471,340,000.

      (2) For the National Defense Sealift Fund, $1,011,304,000.

SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

    (a) DEFENSE HEALTH PROGRAM- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2006 for expenses, not otherwise provided for, for the Defense Health Program, $19,900,812,000, of which--

      (1) $19,351,337,000 is for Operation and Maintenance;

      (2) $174,156,000 is for Research, Development, Test, and Evaluation; and

      (3) $375,319,000 is for Procurement.

    (b) CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE- (1) Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2006 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, $1,425,827,000, of which--

      (A) $1,241,514,000 is for Operation and Maintenance;

      (B) $67,786,000 is for Research, Development, Test, and Evaluation; and

      (C) $116,527,000 is for Procurement.

    (2) Amounts authorized to be appropriated under paragraph (1) are authorized for--

      (A) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and

      (B) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.

    (c) DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-WIDE- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2006 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, $895,741,000.

    (d) DEFENSE INSPECTOR GENERAL- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2006 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, $209,687,000, of which--

      (1) $208,687,000 is for Operation and Maintenance; and

      (2) $1,000,000 is for Procurement.

SEC. 304. NAVY HUMAN RESOURCES BENEFIT CALL CENTER.

    Of the amount authorized to be appropriated by section 301(2) for operation and maintenance for the Navy, $1,500,000 may be available for civilian manpower and personnel for a human resources benefit call center.

Subtitle B--Environmental Provisions

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

    Section 2706(b)(2) of title 10, United States Code, is amended--

      (1) by striking subparagraphs (D) and (E);

      (2) by inserting after subparagraph (C) the following new subparagraph:

      `(D) A summary of fines and penalties imposed or assessed against the Department of Defense and the military departments under Federal, State, or local environmental laws during the fiscal year in which the report is submitted and the four preceding fiscal years, which summary shall include--

        `(i) a trend analysis of such fines and penalties for military installations inside and outside the United States; and

        `(ii) a list of such fines or penalties that exceeded $500,000 and the provisions of law under which such fines or penalties were imposed or assessed.';

      (3) by redesignating subparagraph (F) as subparagraph (E); and

      (4) in subparagraph (E), as redesignated by paragraph (3), by striking `and amounts for conferences' and all that follows through `such activities'.

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

    (a) PAYMENT FOR ACTIVITIES AT FORMER DEFENSE PROPERTY THAT IS SUBJECT TO COVENANT FOR ADDITIONAL REMEDIAL ACTION- Subsection (d) of section 2701 of title 10, United States Code, is amended--

      (1) in paragraph (1)--

        (A) by striking `paragraph (3)' and inserting `paragraphs (3) and (4)';

        (B) by inserting `any owner of covenant property,' after `tribe,' the first place it appears; and

        (C) by inserting `owner of covenant property,' after `tribe,' the second place it appears;

      (2) by redesignating paragraph (4) as paragraph (5);

      (3) by inserting after paragraph (3) the following new paragraph:

      `(4) PERFORMANCE OF SERVICES ON COVENANT PROPERTY- An owner of covenant property may not be paid on a reimbursable or other basis for services performed under an agreement under paragraph (1) unless such services are performed on such covenant property.'; and

      (4) in paragraph (5), as redesignated by paragraph (2), by adding at the end the following new subparagraph:

        `(C) The term `owner of covenant property' means an owner of property subject to a covenant provided by the United States in accordance with section 120(h)(3)(A)(ii)(II) of CERCLA (42 U.S.C. 9620(h)(3)(A)(ii)(II)).'.

    (b) APPLICABLE CLEANUP STANDARDS- Paragraph (3) of such subsection is further amended--

      (1) by striking `An agreement' and inserting `(A) An agreement'; and

      (2) by inserting at the end the following new subparagraph:

      `(B) An agreement under paragraph (1) may not change the cleanup standards applicable to the site as established by law.'.

    (c) SOURCE OF FUNDS FOR FORMER BASE CLOSURE AND REALIGNMENT PROPERTY SUBJECT TO COVENANT FOR ADDITIONAL REMEDIAL ACTION- Section 2703 of such title is amended--

      (1) in subsection (g)(1), by striking `The sole source' and inserting `Except as provided in subsection (h), the sole source'; and

      (2) by adding at the end the following new subsection:

    `(h) SOLE SOURCE OF FUNDS FOR CERTAIN ENVIRONMENTAL REMEDIATION AT BASE REALIGNMENT AND CLOSURE SITES- In the case of property disposed of pursuant to a base closure law and subject to a covenant described in subsection (d)(5)(C) of section 2701 of this title, the sole source of funds for services under subsection (d)(1) of such section shall be the base closure account established under the base closure law under which such property was disposed of.'.

Subtitle C--Other Matters

SEC. 321. AIRCRAFT CARRIERS.

    (a) FUNDING FOR REPAIR AND MAINTENANCE OF U.S.S. JOHN F. KENNEDY- Of the amounts authorized to be appropriated for operation and maintenance for the Navy by this Act and any other Act for fiscal year 2005 and 2006, $288,000,000 shall be available only for repair and maintenance to extend the life of U.S.S. John F. Kennedy.

    (b) LIMITATION ON REDUCTION IN NUMBER OF ACTIVE AIRCRAFT CARRIERS-

      (1) LIMITATION- The Secretary of the Navy may not reduce the number of active aircraft carriers of the Navy below 12 active aircraft carriers until the later of the following:

        (A) The date that is 180 days after the date of the submittal to Congress of the quadrennial defense review required in 2005 under section 118 of title 10, United States Code.

        (B) The date on which the Secretary of Defense, in consultation with the Chairman of the Joint Chiefs of Staff, certifies to the congressional defense committees that such agreements have been entered into to provide port facilities for the permanent forward deployment of such number of aircraft carriers as is necessary in the Pacific Command Area of Responsibility to fulfill the roles and missions of that Command, including agreements for the forward deployment of a nuclear aircraft carrier after the retirement of the current two conventional aircraft carriers.

      (2) ACTIVE AIRCRAFT CARRIERS- For purposes of this subsection, an active aircraft carrier of the Navy includes an aircraft carrier that is temporarily unavailable for worldwide deployment due to routine or scheduled maintenance.

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

    (a) LIMITATION- The Secretary of the Navy may not convert funding for the shipyards of the Navy on the Eastern Coast of the United States from funding through the working capital fund of the Navy to funding on a direct basis (also known as `mission funding') until the later of--

      (1) the date that is six months after the date on which the Secretary submits to the congressional defense committees the report required by subsection (b); or

      (2) October 1, 2006.

    (b) REPORT ON DIRECT FUNDING FOR PUGET SOUND NAVAL SHIPYARD- The Secretary shall submit to the congressional defense committees a report that contains the assessment of the Secretary on the effects on Puget Sound Naval Shipyard, Washington, of the conversion of funding for Puget Sound Naval Shipyard from funding through the working capital fund of the Navy to funding on a direct basis.

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

    (a) USE OF FUNDS- Notwithstanding the provisions of section 2218(f)(1) of title 10, United States Code, the Secretary of Defense may obligate and expend any funds in the National Defense Sealift Fund to exercise options to purchase three Maritime Prepositioning Ship (MPS) vessels under charter to the Navy as of the date of the enactment of this Act, the contracts for which charters expire in 2009.

    (b) NATIONAL DEFENSE SEALIFT FUND DEFINED- In this section, the term `National Defense Sealift Fund' means the National Defense Sealift Fund established by section 2218 of title 10, United States Code.

SEC. 324. PURCHASE AND DESTRUCTION OF WEAPONS OVERSEAS.

    (a) AUTHORITY TO USE FUNDS-

      (1) IN GENERAL- Subchapter I of chapter 134 of title 10, United States Code, is amended by adding at the end the following new section:

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

    `(a) PURCHASE OF WEAPONS- Amounts appropriated or otherwise available to the Department of Defense for operation and maintenance may be used to purchase weapons overseas from any person, foreign government, international organization, or other entity for the purpose of protecting United States forces engaged in military operations overseas.

    `(b) DESTRUCTION OF WEAPONS- Weapons purchased under the authority in subsection (a) may be destroyed.

    `(c) NOTICE TO CONGRESS- The Secretary of Defense shall promptly notify the congressional defense committees of any use of the authority in subsection (a) to purchase weapons.'.

      (2) CLERICAL AMENDMENT- The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

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

    (b) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 2005, and shall apply with respect to funds appropriated or otherwise made available for fiscal years after fiscal year 2005.

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

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

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

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

SEC. 327. ARMY TRAINING STRATEGY.

    (a) TRAINING STRATEGY-

      (1) STRATEGY REQUIRED- The Secretary of the Army shall develop and implement a training strategy to ensure the readiness of brigade-based combat teams and functional supporting brigades.

      (2) ELEMENTS- The training strategy shall include the following:

        (A) A statement of the purpose of training for brigade-based combat teams and supporting brigades.

        (B) Performance goals for both active and reserve brigade-based combat teams and supporting brigades, including goals for live, virtual, and constructive training for each component and brigade type.

        (C) Metrics to quantify performance against the performance goals specified under subparagraph (B).

        (D) A process to report the accomplishment of collective training by which Army leadership can monitor the training performance of brigade-based combat teams and functional supporting brigades.

        (E) A model to quantify, and to forecast, operation and maintenance funding required to attain training goals.

    (b) REPORT-

      (1) REPORT REQUIRED- Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the requirements to be fulfilled in order to implement the training strategy developed under subsection (a).

      (2) ELEMENTS- The report shall include the following:

        (A) A discussion of the training strategy developed under subsection (a), including a description of performance goals and metrics developed under that subsection.

        (B) A discussion and description of the training range requirements necessary to implement the training strategy.

        (C) A discussion and description of the training aids, devices, simulations and simulators necessary to implement the training strategy.

        (D) A list of the funding requirements, itemized by fiscal year and specified in a format consistent with the future-years defense program to accompany the budget of the President for fiscal year 2007 under section 221 of title 10, United States Code, necessary to fulfill the range requirements described in subparagraph (B) and to provide the training aids, devices, simulations, and simulators described in subparagraphs (C).

        (E) A schedule for the implementation of the training strategy.

        (F) A discussion of the challenges that the Army anticipates in the implementation of the training strategy.

    (c) COMPTROLLER GENERAL REVIEW OF IMPLEMENTATION-

      (1) IN GENERAL- The Comptroller General of the United States shall monitor the implementation of the training strategy developed under subsection (a).

      (2) REPORT- Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report containing the assessment of the Comptroller General of the current progress of the Army in implementing the training strategy.

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

    Amounts authorized to be appropriated to the Department of Defense for fiscal year 2006 may not be obligated or expended for the purposes of financial management improvement activities relating to the preparation, processing, or auditing of financial statements until the Secretary of Defense prepares and submits to the congressional defense committees the following:

      (1) A comprehensive and integrated financial management improvement plan that--

        (A) describes specific actions to be taken to correct financial management deficiencies that impair the ability of the Department of Defense to prepare timely, reliable, and complete financial management information; and

        (B) systematically ties such actions to process and control improvements and business systems modernization efforts described in the business enterprise architecture and transition plan required by section 2222 of title 10, United States Code.

      (2) A written determination that each of the financial management improvement activities to be undertaken are--

        (A) consistent with the financial management improvement plan submitted pursuant to paragraph (1); and

        (B) likely to improve internal controls or otherwise result in sustained improvements in the ability of the Department to produce timely, reliable, and complete financial management information.

SEC. 329. STUDY ON USE OF ETHANOL FUEL.

    (a) IN GENERAL- The Secretary of Defense shall conduct a study on the use of ethanol fuel by the Armed Forces and the Defense Agencies.

    (b) ELEMENTS- The study shall include--

      (1) an evaluation of the historical utilization of ethanol fuel by the Armed Forces and the Defense Agencies, including the quantity of ethanol fuel acquired by the Department of Defense for the Armed Forces and the Defense Agencies during the 5-year period ending on the date of the report under subsection (c);

      (2) a forecast of the requirements of the Armed Forces and the Defense Agencies for ethanol fuel for each of fiscal years 2007 through 2012;

      (3) an assessment of the current and future commercial availability of ethanol fuel, including facilities for the production, storage, transportation, distribution, and commercial sale of such fuel;

      (4) an assessment of the utilization by the Department of the commercial infrastructure for ethanol fuel as described in paragraph (3);

      (5) a review of the actions of the Department to coordinate with State, local, and private entities to support the expansion and use of alternative fuel refueling stations that are accessible to the public; and

      (6) an assessment of the fueling infrastructure on military installations in the United States, including storage and distribution facilities, that could be adapted or converted to the delivery of ethanol fuel, including--

        (A) an assessment of cost of the adaptation or conversion of such infrastructure to the delivery of ethanol fuel; and

        (B) an assessment of the feasibility and advisability of that adaptation or conversion.

    (c) REPORT- Not later than February 1, 2006, the Secretary shall submit to the congressional defense committees a report on the study conducted under subsection (a).

    (d) ETHANOL FUEL DEFINED- In this section, the term `ethanol fuel' means fuel that is 85 percent ethyl alcohol.

SEC. 330. 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), and (i) as subsections (f), (g), (h), (i), and (j), respectively;

      (3) by inserting after subsection (d) the following new subsection (e):

    `(e) PROCEEDS CREDITED TO WORKING CAPITAL FUND- The proceeds of 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) of this subsection, by striking `subsection (e)' and inserting `subsection (f)'.

SEC. 331. SENSE OF THE SENATE REGARDING DEPOT MAINTENANCE.

    (a) Findings- The Senate finds that--

      (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 service has made great progress toward modernizing all three of its Depots, in order to maintain their status as `world class' maintenance repair and overhaul operations;

      (3) one of the indispensable 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 a year over six years, beginning in fiscal year 2004, for recapitalization and investment, including the procurement of technologically advanced facilities and equipment, of our Nation's three Air Force depots; and

      (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 the Senate- It is the sense of the Senate that--

      (1) the Air Force should be commended for the implementation of its Depot Maintenance Strategy and Master Plan and, in particular, meeting its commitment to invest $150,000,000 a year over 6 years, since fiscal year 2004, in the Nation's 3 Air Force Depots; and

      (2) the Air Force should continue to fully fund its commitment of $150,000,000 a year through fiscal year 2009 in investments and recapitalization projects pursuant to the Depot Maintenance Strategy and Master Plan.

SEC. 332. CHILD AND FAMILY ASSISTANCE BENEFITS FOR MEMBERS OF THE ARMED FORCES.

    (a) Additional Amount for Operation and Maintenance, Defense-Wide- The amount authorized to be appropriated by section 301(5) for operation and maintenance, Defense-wide activities, is hereby increased by $60,000,000.

    (b) Availability of Amount- Of the amount authorized to be appropriated by section 301(5) for operation and maintenance, Defense-wide activities, as increased by subsection (a), $60,000,000 may be available as follows:

      (1) $50,000,000 for childcare services for families of members of the Armed Forces.

      (2) $10,000,000 for family assistance centers that primarily serve members of the Armed Forces and their families.

    (c) Offset- Of the amounts authorized to be appropriated by section 301(1) for operation and maintenance, Army are hereby reduced by $60,000,000.

SEC. 333. REIMBURSEMENT FOR CERTAIN PROTECTIVE, SAFETY, OR HEALTH EQUIPMENT PURCHASED BY OR FOR MEMBERS OF THE ARMED FORCES FOR DEPLOYMENT IN OPERATIONS IN IRAQ AND CENTRAL ASIA.

    (a) Reimbursement Required-

      (1) IN GENERAL- Subject to subsections (d) and (e), the Secretary of Defense shall reimburse a member of the Armed Forces, or a person or entity referred to in paragraph (2), for the cost (including shipping cost) of any protective, safety, or health equipment that was purchased by such member, or such person or entity on behalf of such member, before or during the deployment of such member in Operation Noble Eagle, Operation Enduring Freedom, or Operation Iraqi Freedom for the use of such member in connection with such operation if the unit commander of such member certifies that such equipment was critical to the protection, safety, or health of such member.

      (2) COVERED PERSONS AND ENTITIES- A person or entity referred to in this paragraph is a family member or relative of a member of the Armed Forces, a non-profit organization, or a community group.

      (3) REGULATIONS NOT REQUIRED FOR REIMBURSEMENT- Reimbursements may be made under this subsection in advance of the promulgation by the Secretary of Defense of regulations, if any, relating to the administration of this section.

    (b) Protective Equipment Reimbursement Fund-

      (1) ESTABLISHMENT- There is hereby established an account to be known as the `Protective Equipment Reimbursement Fund' (in this subsection referred to as the `Fund').

      (2) ELEMENTS- The Fund shall consist of amounts deposited in the Fund from amounts available for the Fund under subsection (g).

      (3) AVAILABILITY- Amounts in the Fund shall be available directly to the unit commanders of members of the Armed Forces for the making of reimbursements for protective, safety, and health equipment under subsection (a).

      (4) DOCUMENTATION- Each person seeking reimbursement under subsection (a) for protective, safety, or health equipment purchased by or on behalf of a member of the Armed Forces shall submit to the unit commander of such member such documentation as is necessary to establish each of the following:

        (A) The nature of such equipment, including whether or not such equipment qualifies as protective, safety, or health equipment under subsection (c).

        (B) The cost of such equipment.

    (c) Covered Protective, Safety, and Health Equipment- Protective, safety, and health equipment for which reimbursement shall be made under subsection (a) shall include personal body armor, collective armor or protective equipment (including armor or protective equipment for high mobility multi-purpose wheeled vehicles), and items provided through the Rapid Fielding Initiative of the Army, or equivalent programs of the other Armed Forces, such as the advanced (on-the-move) hydration system, the advanced combat helmet, the close combat optics system, a Global Positioning System (GPS) receiver, a gun scope, and a soldier intercommunication device.

    (d) Limitation Regarding Amount of Reimbursement- The amount of reimbursement provided under subsection (a) per item of protective, safety, and health equipment purchased by or on behalf of any given member of the Armed Forces may not exceed the lesser of--

      (1) the cost of such equipment (including shipping cost); or

      (2) $1,100.

    (e) Limitation on Date of Purchase- Reimbursement may be made under subsection (a) only for protective, safety, and health equipment purchased before October 1, 2006.

    (f) Ownership of Equipment- The Secretary shall identify the circumstances, if any, under which the United States shall assume title or ownership of protective, safety, or health equipment for which reimbursement is provided under subsection (a).

    (g) Funding-

      (1) IN GENERAL- Except as provided in paragraph (2), amounts for reimbursements under subsection (a) shall be derived from any amounts authorized to be appropriated by this Act.

      (2) EXCEPTION- Amounts authorized to be appropriated by this Act and available for the procurement of equipment for members of the Armed Forces deployed, or to be deployed, to Iraq or Afghanistan may not be utilized for reimbursements under subsection (a).

    (h) Repeal of Superseded Authority- Section 351 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118. Stat. 1857) is repealed.

SEC. 334. 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 so-called `special category resident'.

    (b) Prohibition on Construction of Facilities- The authorization in subsection (a) shall not be construed as an authorization for the construction of new housing facilities or medical treatment facilities.

    (c) Construction of Prior Use of Funds- The provisions of chapter 13 of title 31, United States Code, are hereby deemed not to have applied to the obligation or expenditure of funds before the date of the enactment of this Act for the general welfare of persons described in subsection (a).

SEC. 335. POINT OF MAINTENANCE/ARSENAL/DEPOT AIT INITIATIVE.

    (a) Additional Amount for Operation and Maintenance, Army- The amount authorized to be appropriated by section 301(1) for operation and maintenance for the Army is hereby increased by $10,000,000.

    (b) Availability of Amount- Of the amount authorized to be appropriated by section 301(1) for operation and maintenance for the Army, as increased by subsection (a), $16,000,000 may be available for the Point of Maintenance/Arsenal/Depot AIT (AD-AIT) Initiative.

    (c) Offset- The amount authorized to be appropriated by section 301(4) is hereby reduced by $10,000,000 to be derived from amounts authorized to be appropriated by that section for the Air Force.

SEC. 336. LONG ARM HIGH-INTENSITY ARC METAL HALIDE HANDHELD SEARCHLIGHT.

    (a) Additional Amount for Operation and Maintenance, Army- The amount authorized to be appropriated by section 301(1) for operation and maintenance for the Army is hereby increased by $4,500,000.

    (b) Availability of Amount- Of the amount authorized to be appropriated by section 301(1) for operation and maintenance for the Army, as increased by subsection (a), $4,500,000 may be available for the Long Arm High-Intensity Arc Metal Halide Handheld Searchlight.

    (c) Offset- The amount authorized to be appropriated by section 301(4) is hereby reduced by $4,500,000, with the amount of the reduction to be derived from amounts authorized to be appropriated by that section for the Air Force.

SEC. 337. REPORT ON AIRCRAFT TO PERFORM HIGH-ALTITUDE AVIATION TRAINING SITE.

    Not later than December 15, 2005, the Secretary of the Army shall submit to the congressional defense committee a report containing the following:

      (1) An evaluation of the type of aircraft available in the inventory of the Army that is most suitable to perform the High-Altitude Aviation Training Site (HAATS) mission.

      (2) A determination of when such aircraft may be available for assignment to the HAATS.

SEC. 338. DEPARTMENT OF DEFENSE SUPPORT FOR CERTAIN PARALYMPIC SPORTING EVENTS.

    (a) PROVISION OF SUPPORT- Subsection (c) of section 2564 of title 10, United States Code, is amended by adding at the end the following new paragraphs:

      `(4) A sporting event sanctioned by the United States Olympic Committee through the Paralympic Military Program.

      `(5) A national or international Paralympic sporting event (other than one covered by paragraph (3) or (4))--

        `(A) which is--

          `(i) held in the United States or any of its territories or commonwealths;

          `(ii) governed by the International Paralympic Committee; and

          `(iii) sanctioned by the United States Olympic Committee; and

        `(B) for which participation exceeds 100 amateur athletes.'.

    (b) FUNDING AND LIMITATIONS- Such section is further amended--

      (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and

      (2) by inserting after subsection (c) the following new subsection:

    `(d) FUNDING FOR SUPPORT OF CERTAIN EVENTS- (1) Funds to provide support for a sporting event described in paragraph (4) or (5) of subsection (c) shall be derived from the Support for International Sporting Competitions, Defense account established by section 5802 of Public Law 104-208 (110 Stat. 3009-522), notwithstanding any limitation in such section relating to the availability of funds in such account for support of international sporting competitions.

    `(2) The total amount that may be expended in any fiscal year to provide support for a sporting event described in paragraph (5) of subsection (c) may not exceed $1,000,000.'.

SEC. 339. 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. 340. ARMAMENT RETOOLING AND MANUFACTURING SUPPORT INITIATIVE MATTERS.

    (a) INCLUSION OF ADDITIONAL FACILITIES WITHIN INITIATIVE- Section 4551(2) of title 10, United States Code, is amended by inserting `, or a Government-owned, contractor-operated depot for the storage, maintenance, renovation, or demilitarization of ammunition,' after `manufacturing facility'.

    (b) ADDITIONAL CONSIDERATION FOR USE OF FACILITIES- Section 4554(b)(2) of such title is amended by adding at the end the following new subparagraph:

      `(D) The demilitarization and storage of conventional ammunition.'.

SEC. 341. GRANTS FOR LOCAL WORKFORCE INVESTMENT BOARDS FOR SERVICES FOR CERTAIN SPOUSES OF MEMBERS OF THE ARMED FORCES.

    (a) GRANTS AUTHORIZED- The Secretary of Defense may, from any funds authorized to be appropriated to the Department of Defense, and in consultation with the Department of Labor, make grants to local workforce investments boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832), or consortia of such boards, in order to permit such boards or consortia of boards to provide services to spouses of members of the Armed Forces described in subsection (b).

    (b) COVERED SPOUSES- Spouses of members of the Armed Forces described in this subsection are spouses of members of the Armed Forces on active duty, which spouses--

      (1) have experienced a loss of employment as a direct result of relocation of such members to accommodate a permanent change in duty station; or

      (2) are in a family whose income is significantly reduced due to--

        (A) the deployment of such members;

        (B) the call or order of such members to active duty in support of a contingency operation pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code;

        (C) a permanent change in duty station of such members; or

        (D) the incurral by such members of a service-connected disability (as that term is defined in section 101(16) of title 38, United States Code).

    (c) REGULATIONS- Any grants made under this section shall be made pursuant to regulations prescribed by the Secretary in consultation with the Department of Labor. Such regulation shall set forth--

      (1) criteria for eligibility of workforce investment boards for grants under this section;

      (2) requirements for applications for such grants; and

      (3) the nature of services to be provided using such grants.

SEC. 342. 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.

SEC. 343. IMPROVEMENT OF AUTHORITIES ON GENERAL GIFT FUNDS OF THE DEPARTMENT OF DEFENSE.

    (a) RESTATEMENT AND EXPANSION OF CURRENT AUTHORITY- Subsection (a) of section 2601 of title 10, United States Code, is amended to read as follows:

    `(a)(1) Subject to subsection (b), the Secretary concerned may accept, hold, administer, and spend any gift, devise, or bequest of real or personal property made on the condition that it 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 such Secretary.

    `(2)(A) Subject to subsection (b), the Secretary concerned may accept, hold, administer, and spend any gift, devise, or bequest of real or personal property made on the condition that it be used for the benefit of members of the armed forces or civilian employees of United States Government, or the dependents or survivors of such members or employees, who are wounded or killed while serving in Operation Iraqi Freedom, Operation Enduring Freedom, or any other military operation or activity, or geographic area, designated by the Secretary of Defense for purposes of this section.

    `(B) The Secretary of Defense shall prescribe regulations specifying the conditions that may be attached to a gift, devise, or bequest accepted under this paragraph.

    `(C) The authority to accept gifts, devises, or bequests under this paragraph shall expire on December 31, 2007.

    `(3) The Secretary concerned may pay all necessary expenses in connection with the conveyance or transfer of a gift, devise, or bequest made under this subsection.'.

    (b) SCOPE OF AUTHORITY TO USE ACCEPTED PROPERTY- Such section is further amended--

      (1) by redesignating subsections (b), (c) and (d) as subsections (c), (d), and (e), respectively; and

      (2) by inserting after subsection (a) the following new subsection (b):

    `(b)(1) Except as provided in paragraph (2), property accepted under subsection (a) may be used by the Secretary concerned without further specific authorization in law.

    `(2) Property accepted under subsection (a) may not be used--

      `(A) if the use of such property 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 such property are inconsistent with applicable law or regulations;

      `(C) if the use of such property would reflect unfavorably on ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out any responsibility or duty of the Department in a fair and objective manner; or

      `(D) if the use of such property would compromise the integrity or appearance of integrity of any program of the Department of Defense, or any individual involved in such a program.'.

    (c) CONFORMING AMENDMENT- Subsection (c) of such section, as redesignated by subsection (b)(1) of this section, is further amended in the flush matter following paragraph (4) by striking `benefit or use of the designated institution or organization' and inserting `purposes specified in subsection (a)'.

    (d) GAO AUDITS- Such section is further amended by adding at the end the following new subsection:

    `(f) The Comptroller General of the United States shall make periodic audits of real or personal property accepted under subsection (a) 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.'.

SEC. 344. COMMEMORATION OF SUCCESS OF THE ARMED FORCES IN OPERATION ENDURING FREEDOM AND OPERATION IRAQI FREEDOM.

    (a) Finding- Congress finds that it is both right and appropriate that, upon their return from Operation Enduring Freedom in Afghanistan and Operation Iraqi Freedom in Iraq, all soldiers, sailors, marines, and airmen in the Armed Forces who served in those operations be honored and recognized for their achievements, with appropriate ceremonies, activities, and awards commemorating their sacrifice and service to the United States and the cause of freedom in the Global War on Terrorism.

    (b) Celebration Honoring Military Efforts in Operation Enduring Freedom and Operation Iraqi Freedom- The President may, at the sole discretion of the President--

      (1) designate a day of celebration to honor the soldiers, sailors, marines, and airmen 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.

    (c) Participation of Armed Forces in Celebration-

      (1) PARTICIPATION AUTHORIZED- Members and units of the Armed Forces may participate in activities associated with the day of celebration designated under subsection (b) 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 may be used to cover costs associated with the participation of members and units of the Armed Forces in the activities described in paragraph (1).

      (3) ACCEPTANCE OF PRIVATE CONTRIBUTIONS- (A) Notwithstanding any other provision of law, the Secretary of Defense may accept cash contributions from private individuals and entities for the purposes of covering the costs of the participation of members and units of the Armed Forces in the activities described in paragraph (1). Amounts so accepted shall be deposited in an account established for purposes of this paragraph.

      (B) Amounts accepted under subparagraph (A) may be used for the purposes described in that subparagraph until expended.

      (4) LIMITATION- The total amount of funds described in paragraph (2) that are available for the purpose set forth in that paragraph may not exceed the amount equal to--

        (A) $20,000,000, minus

        (B) the amount of any cash contributions accepted by the Secretary under paragraph (3).

    (d) 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 amended by section 593(a) of this Act).

SEC. 345. 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 subsection caption of subsection (a), by striking `Prepaid Phone Cards' and inserting `Benefit'; and

      (2) in the subsection caption of subsection (e), by inserting `or Internet Access' after `Telephone Equipment'.

SEC. 346. REPORT ON EFFECTS OF WINDMILL FARMS ON MILITARY READINESS.

    (a) FINDING- Congress finds that the Ministry of Defence of the United Kingdom has determined, as a result of a recently conducted study of the effect of windmill farms on military readiness, not to permit construction of windmill farms within 30 kilometers of military radar installations.

    (b) REPORT REQUIRED- 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 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.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel as of September 30, 2006, as follows:

      (1) The Army, 522,400.

      (2) The Navy, 352,700.

      (3) The Marine Corps, 178,000.

      (4) The Air Force, 357,400.

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

    (a) REVISION- Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following:

      `(1) For the Army, 522,400.

      `(2) For the Navy, 352,700.

      `(3) For the Marine Corps, 178,000.

      `(4) For the Air Force, 357,400.'.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on October 1, 2005, and shall apply with respect to fiscal years beginning on or after that date.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) IN GENERAL- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2006, as follows:

      (1) The Army National Guard of the United States, 350,000.

      (2) The Army Reserve, 205,000.

      (3) The Naval Reserve, 73,100.

      (4) The Marine Corps Reserve, 39,600.

      (5) The Air National Guard of the United States, 106,800.

      (6) The Air Force Reserve, 74,000.

      (7) The Coast Guard Reserve, 10,000.

    (b) ADJUSTMENTS- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--

      (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and

      (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

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

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

    Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2006, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

      (1) The Army National Guard of the United States, 27,396.

      (2) The Army Reserve, 15,270.

      (3) The Naval Reserve, 13,392.

      (4) The Marine Corps Reserve, 2,261.

      (5) The Air National Guard of the United States, 13,123.

      (6) The Air Force Reserve, 2,290.

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

    The minimum number of military technicians (dual status) as of the last day of fiscal year 2006 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

      (1) For the Army Reserve, 7,649.

      (2) For the Army National Guard of the United States, 25,563.

      (3) For the Air Force Reserve, 9,852

      (4) For the Air National Guard of the United States, 22,971.

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

    (a) LIMITATIONS- (1) Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2006, may not exceed the following:

      (A) For the Army National Guard of the United States, 1,600.

      (B) For the Air National Guard of the United States, 350.

    (2) The number of non-dual status technicians employed by the Army Reserve as of September 30, 2006, may not exceed 695.

    (3) The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2006, may not exceed 90.

    (b) NON-DUAL STATUS TECHNICIANS DEFINED- In this section, the term `non-dual status technician' has the meaning given the term in section 10217(a) of title 10, United States Code.

Subtitle C--Authorizations of Appropriations

SEC. 421. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.

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

SEC. 422. ARMED FORCES RETIREMENT HOME.

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

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

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

    (a) DISTRIBUTION LIMITATIONS- Section 525 of title 10, United States Code, is amended by adding at the end the following new subsection:

    `(e) In determining the total number of general officers or flag officers of an armed force on active duty for purposes of this section, an officer of that armed force in the grade of brigadier general or above, or an officer in the grade of rear admiral (lower half) or above in the Navy, who is on leave pending the separation, retirement, or release of such officer from active duty shall not be counted, but only during the 60-day period beginning on the date of the commencement of leave of such officer.'.

    (b) ACTIVE DUTY STRENGTH LIMITATIONS-

      (1) IN GENERAL- Section 526 of such title is amended by adding at the end the following new subsection:

    `(e) EXCLUSION OF CERTAIN OFFICERS ON LEAVE PENDING SEPARATION OR RETIREMENT- The limitations of this section do not apply to general or flag officers on leave pending separation, retirement, or release from active duty as described in section 525(e) of this title.'.

      (2) CONFORMING AMENDMENT- The heading of subsection (d) of such section is amended by striking `CERTAIN OFFICERS' and inserting `CERTAIN RESERVE OFFICERS ON ACTIVE DUTY'.

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

    (a) INCREASE IN AUTHORIZED NUMBER- Section 526(b)(2)(A) of title 10, United States Code, is amended by striking `10' and inserting `11'.

    (b) ASSIGNMENT TO JOINT STAFF- Such section is further amended by inserting `, and on the Joint Staff,' after `commands'.

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

    (a) Officers on Active Duty List- Section 614(b) of title 10, United States Code, is amended by inserting `the date before' after `not later than'.

    (b) Officers on Reserve Active-Status List- Section 14106 of such title is amended by inserting `the date before' after `not later than'.

    (c) EFFECTIVE DATE- The amendments made by this section shall take effect on March 1, 2006, and shall apply with respect to selection boards convened on or after that date.

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

    (a) OFFICERS ON ACTIVE-DUTY LIST-

      (1) IN GENERAL- Section 615(a) of title 10, United States Code, is amended--

        (A) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively; and

        (B) by inserting after paragraph (2) the following new paragraph (3):

    `(3) In the case of an eligible officer considered for promotion to the grade of lieutenant colonel, or commander in the case of the Navy, or above, any information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry, shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary of Defense pursuant to paragraph (1).'.

      (2) CONFORMING AMENDMENTS- Such section is further amended--

        (A) in paragraph (4), as redesignated by paragraph (1)(A) of this subsection, by striking `paragraph (2)' and inserting `paragraphs (2) and (3)';

        (B) in paragraph (5), as so redesignated, by striking `and (3)' and inserting `, (3), and (4)';

        (C) in paragraph (6), as so redesignated--

          (i) in the matter preceding subparagraph (A), by inserting `, or in paragraph (3),' after `paragraph (2)'; and

          (ii) in subparagraph (B), by inserting `or (3), as applicable' after `paragraph (2)'; and

        (D) in subparagraph (A) of paragraph (7), as so redesignated, by inserting `or (3)' after `paragraph (2)(B)'.

    (b) RESERVE OFFICERS-

      (1) IN GENERAL- Section 14107(a) of title 10, United States Code, is amended--

        (A) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively; and

        (B) by inserting after paragraph (2) the following new paragraph (3):

    `(3) In the case of an eligible officer considered for promotion to the grade of lieutenant colonel, or commander in the case of the Navy, or above, any information of an adverse nature, including any substantiated adverse finding or conclusion from an officially documented investigation or inquiry, shall be furnished to the selection board in accordance with standards and procedures set out in the regulations prescribed by the Secretary of Defense pursuant to paragraph (1).'.

      (2) CONFORMING AMENDMENTS- Such section is further amended--

        (A) in paragraph (4), as redesignated by paragraph (1)(A) of this subsection, by striking `paragraph (2)' and inserting `paragraphs (2) and (3)';

        (B) in paragraph (5), as so redesignated, by striking `and (3)' and inserting `, (3), and (4)';

        (C) in paragraph (6), as so redesignated--

          (i) in the matter preceding subparagraph (A), by inserting `, or in paragraph (3),' after `paragraph (2)'; and

          (ii) in subparagraph (B), by inserting `or (3), as applicable' after `paragraph (2)'; and

        (D) in subparagraph (A) of paragraph (7), as so redesignated, by inserting `or (3)' after `paragraph (2)(B)'.

    (c) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 2006, and shall apply with respect to promotion selection boards convened on or after that date.

SEC. 505. GRADES OF THE JUDGE ADVOCATES GENERAL.

    (a) JUDGE ADVOCATE GENERAL OF THE ARMY- Section 3037(a) of title 10, United States Code, is amended by striking the last sentence and inserting the following new sentences: `The Judge Advocate General, while so serving, has the grade of lieutenant general. An officer appointed as Assistant Judge Advocate General who holds a lower regular grade shall be appointed in the regular grade of major general.'.

    (b) JUDGE ADVOCATE GENERAL OF THE NAVY- Section 5148(b) of such title is amended by striking the last sentence and inserting the following new sentence: `The Judge Advocate General, while so serving, has the grade of vice admiral or lieutenant general, as appropriate.'.

    (c) JUDGE ADVOCATE GENERAL OF THE AIR FORCE- Section 8037(a) of such title is amended by striking the last sentence and inserting the following new sentence: `The Judge Advocate General, while so serving, has the grade of lieutenant general.'.

    (d) EXCLUSION FROM LIMITATION ON GENERAL AND FLAG OFFICER DISTRIBUTION- Section 525(b) of such title is amended by adding at the end the following new paragraph:

    `(9) An officer while serving as the Judge Advocate General of the Army, the Judge Advocate General of the Navy, or the Judge Advocate General of the Air Force is in addition to the number that would otherwise be permitted for that officer's armed force for officers serving on active duty in grades above major general or rear admiral under paragraph (1) or (2), as the case may be.'.

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

    (a) ARMY- Section 3911(b) of title 10, United States Code, is amended--

      (1) by inserting `(1)' after `(b)';

      (2) in paragraph (1), as so designated, by striking `, during the period beginning on October 1, 1990, and ending on December 31, 2001,'; and

      (3) by adding at the end the following new paragraph:

    `(2) The authority in paragraph (1) may be exercised during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006 and ending on December 31, 2008.'.

    (b) NAVY AND MARINE CORPS- Section 6323(a)(2) of such title is amended--

      (1) by inserting `(A)' after `(2)';

      (2) in subparagraph (A), as so designated, by striking `, during the period beginning on October 1, 1990, and ending on December 31, 2001,'; and

      (3) by adding at the end the following new subparagraph:

    `(B) The authority in subparagraph (A) may be exercised during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006 and ending on December 31, 2008.'.

    (c) AIR FORCE- Section 8911(b) of such title is amended--

      (1) by inserting `(1)' after `(b)';

      (2) in paragraph (1), as so designated, by striking `, during the period beginning on October 1, 1990, and ending on December 31, 2001,'; and

      (3) by adding at the end the following new paragraph:

    `(2) The authority in paragraph (1) may be exercised during the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2006 and ending on December 31, 2008.'.

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

    (a) LINE OFFICERS- Paragraph (1) of section 12004(c) of title 10, United States Code, is amended in the item in the table relating to Line officers by striking `28' and inserting `33'.

    (b) MEDICAL DEPARTMENT STAFF CORPS OFFICERS- Such paragraph is further amended in the item in the table relating to the Medical Department staff corps officers by striking `9' and inserting `5'.

    (c) SUPPLY CORPS OFFICERS- Paragraph (2)(A) of such section is amended by striking `seven' and inserting `six'.

    (d) CONFORMING AMENDMENT- Paragraph (1) of such section is further amended in the matter preceding the table by striking `39' and inserting `40'.

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

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

`Sec. 14512. Separation at age 64

    `(a) IN GENERAL- The Secretary of the military department concerned may, subject to subsection (b), defer the retirement under section 14510 or 14511 of this title of a reserve officer of the Army, Air Force, or Marine Corps in a grade above colonel, or a reserve officer of the Navy in a grade above captain, and retain such officer in active status until such officer becomes 64 years of age.

    `(b) LIMITATION ON NUMBER OF DEFERMENTS- (1) Not more than 10 officers may be deferred by the Secretary of a military department under subsection (a) at any one time.

    `(2) Deferments by the Secretary of the Navy may be distributed between the Naval Reserve and the Marine Corps Reserve as the Secretary determines appropriate.'.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1407 of such title is amended by striking the item relating to section 14512 and inserting the following new item:

      `14512. Separation at age 64.'.

SEC. 509. 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 such position, shall be excluded from the limitations in sections 525 and 526 of this title while serving in such position.

    `(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 while serving in such position.

    `(d) Officers Serving in Office of DNI- Up to 5 general and flag officers of the armed forces assigned to positions in the Office of the Director of National Intelligence designated by agreement between the Secretary of Defense and the Director of National Intelligence shall be excluded from the limitations in sections 525 and 526 of this title while serving in such positions.'.

    (b) Clerical Amendment- The table of sections at the beginning of chapter 32 of such title is amended by striking the item relating to section 528 and inserting the following new item:

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

Subtitle B--Enlisted Personnel Policy

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

    (a) UNIFORM REQUIREMENTS- Section 504 of title 10, United States Code, is amended--

      (1) by inserting `(a) INSANITY, DESERTION, FELONS, ETC.- ' before `No person'; and

      (2) by adding at the end the following new subsection:

    `(b) CITIZENSHIP OR RESIDENCY- (1) No person may be enlisted in any armed force unless such person is a citizen or national of the United States, a habitual resident of the Federal States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands, or has been lawfully admitted to the United States for permanent residence under the applicable provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

    `(2) The Secretary concerned may waive the applicability of paragraph (1) to a person if such Secretary determines that the enlistment of such person is vital to the national interest.'.

    (b) REPEAL OF SUPERSEDED LIMITATIONS FOR THE ARMY AND AIR FORCE- Sections 3253 and 8253 of such title are repealed.

    (c) CLERICAL AMENDMENTS-

      (1) The table of sections at the beginning of chapter 333 of such title is amended by striking the item relating to section 3253.

      (2) The table of sections at the beginning of chapter 833 of such title is amended by striking the item relating to section 8253.

SEC. 522. 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) Provision for the treatment of graduates of home schooling with no practical limit with regard to enlistment eligibility.

      (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, the Secretary of Defense shall prescribe a single set of criteria to be utilized 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. 523. REPORT ON INFORMATION ON STOP LOSS AUTHORITIES GIVEN TO ENLISTEES IN THE ARMED FORCES.

    (a) Findings- Congress makes the following findings:

      (1) The Department of Defense began retaining selected members of the Armed Forces beyond their contractual date of separation from the Armed Forces, a policy commonly known as `stop loss', shortly after the events of September 11, 2001, and for the first time since Operation Desert Shield/Desert Storm.

      (2) The Marine Corps, Navy, and Air Force discontinued their use of stop loss authority in 2003. According to the Department of Defense, a total of 8,992 marines, 2,600 sailors, and 8,500 airmen were kept beyond their separation dates under that authority.

      (3) The Army is the only Armed Force currently using stop loss authority. The Army reports that, during September 2005, it was retaining 6,929 regular component soldiers, 3,002 soldiers in the National Guard, and 2,847 soldiers in the Army Reserve beyond their separation date. The Army reports that it has not kept an account of the cumulative number of soldiers who have been kept beyond their separation date.

      (4) The Department of Defense Form 4/1, Enlistment/Reenlistment Document does not give notice to enlistees and reenlistees in the regular components of the Armed Forces that they may be kept beyond their contractual separation date during times of partial mobilization.

      (5) The Department of Defense has an obligation to clearly communicate to all potential enlistees and reenlistees in the Armed Forces their terms of service in the Armed Forces.

    (b) Report-

      (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 congressional defense committees a report on the actions being taken to ensure that each individual being recruited for service in the Armed Forces is provided, before making a formal enlistment in the Armed Forces, precise and detailed information on the period or periods of service to which such individual may be obligated by reason of enlistment in the Armed Forces, including any revisions to Department of Defense Form 4/1.

      (2) ELEMENTS- The report under paragraph (1) shall include--

        (A) a description of how the Department informs enlistees in the Armed Forces on--

          (i) the so-called `stop loss' authority and the manner in which exercise of such authority could affect the duration of an individual's service on active duty in the Armed Forces;

          (ii) the authority for the call or order to active duty of members of the Individual Ready Reserve and the manner in which such a call or order to active duty could affect an individual following the completion of the individual's expected period of service on active duty or in the Individual Ready Reserve; and

          (iii) any other authorities applicable to the call or order to active duty of the Reserves, or of the retention of members of the Armed Forces on active duty, that could affect the period of service of an individual on active duty or in the Armed Forces; and

        (B) such other information as the Secretary considers appropriate.

Subtitle C--Reserve Component Personnel Matters

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

    (a) IN GENERAL- Subsection (a) of section 10206 of title 10, United States Code, is amended--

      (1) in paragraph (1), by striking `examined' and all that follows through the semicolon and inserting `provided a comprehensive physical examination on an annual basis;'; and

      (2) in paragraph (2), by striking `annually to the Secretary concerned' and all that follows and inserting `to the Secretary concerned on an annual basis documentation of the medical and dental readiness of the member to perform military duties.'.

    (b) CONFORMING AMENDMENT- The heading of such section is amended by striking `periodic'.

    (c) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 1007 of such title is amended by striking `periodic'.

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

    (a) In General- Section 2107(c) of title 10, United States Code, is amended--

      (1) by striking paragraph (4);

      (2) by redesignating paragraph (5) as paragraph (4); and

      (3) in subparagraph (B) of paragraph (4), as so redesignated, by striking `, (3), or (4)' and inserting `or (3)'.

    (b) Army Reserve and Army National Guard Members- Section 2107a(c) of such title is amended--

      (1) by striking paragraph (3); and

      (2) by redesignating paragraph (4) as paragraph (3).

    (c) CONFORMING AMENDMENT- Section 524(c) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1889) is amended by striking `paragraph (5)' and all that follows through `subsection (b)' and inserting `paragraph (4) of section 2107(c) of title 10, United States Code (as added by subsection (a) of this section and redesignated by section 532(a)(2) of the National Defense Authorization Act for Fiscal Year 2006), and under paragraph (3) of section 2107a(c) of title 10, United States Code (as added by subsection (b) of this section and redesignated by section 532(b)(2) of such Act)'.

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

    (a) REQUIREMENTS- Section 2107 of title 10, United States Code, is amended by adding at the end the following new subsection:

    `(j)(1) Payment of financial assistance under this section for, and payment of a monthly subsistence allowance under section 209 of title 37 to, a cadet or midshipman appointed under this section may be suspended on the basis of health-related incapacity of the cadet or midshipman only in accordance with regulations prescribed under paragraph (2).

    `(2) The Secretary of Defense shall prescribe in regulations the policies and procedures for suspending payments under paragraph (1). The regulations shall apply uniformly to all of the military departments. The regulations shall include the following matters:

      `(A) The standards of health-related fitness that are to be applied.

      `(B) Requirements for--

        `(i) the health-related condition and prognosis of a cadet or midshipman to be determined, in relation to the applicable standards prescribed under subparagraph (A), by a health care professional on the basis of a medical examination of the cadet or midshipman; and

        `(ii) the Secretary concerned to take into consideration the determinations made under clause (i) with respect to such condition in deciding whether to suspend payment in the case of such cadet or midshipman on the basis of that condition.

      `(C) A requirement for the Secretary concerned to transmit to a cadet or midshipman proposed for suspension under this subsection a notification of the proposed suspension together with the determinations made under subparagraph (B)(i) in the case of the proposed suspension.

      `(D) A procedure for a cadet or midshipman proposed for suspension under this subsection to submit a written response to the proposal for suspension, including any supporting information.

      `(E) Requirements for--

        `(i) one or more health-care professionals to review, in the case of such a response of a cadet or midshipman, each health-related condition and prognosis addressed in the response, taking into consideration the matters submitted in such response; and

        `(ii) the Secretary concerned to take into consideration the determinations made under clause (i) with respect to such condition in making a final decision regarding whether to suspend payment in the case of such cadet or midshipman on the basis of that condition, and the conditions under which such suspension may be lifted.'.

    (b) TIME FOR PROMULGATION OF REGULATIONS- The Secretary of Defense shall prescribe the regulations required under subsection (j) of section 2107 of title 10, United States Code (as added by subsection (a)), not later than May 1, 2006.

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

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

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

    (a) OFFICIAL RECEIVING ELECTIONS OF BENEFITS- Section 16163(e) of title 10, United States Code, is amended by striking `Secretary concerned' and inserting `Secretary of Veterans Affairs'.

    (b) EXCEPTION TO IMMEDIATE TERMINATION OF ASSISTANCE- Section 16165 of such title is amended--

      (1) by striking `Educational assistance' and inserting `(a) IN GENERAL- Except as provided in subsection (b), educational assistance'; and

      (2) by adding at the end the following new subsection:

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

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

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

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

    (a) PILOT PROGRAM- The Secretary of the Army shall carry out a pilot program to evaluate the feasibility and advisability of--

      (1) utilizing members of the reserve components of the Army, rather than contractor personnel, to perform test, evaluation, new equipment training, and related activities for one or more acquisition programs selected by the Secretary for purposes of the pilot program; and

      (2) utilizing funds otherwise available for multi-year purposes for such activities in appropriations for research, development, test, and evaluation, and for procurement, in order to reimburse appropriations for personnel for the costs of pay, allowances, and expenses of such members in the performance of such activities.

    (b) NONWAIVER OF PERSONNEL AND TRAINING POLICIES AND PROCEDURES- Nothing in this section may be construed to authorize any deviation from established personnel or training policies or procedures that are applicable to the reserve components of the personnel used under the pilot program.

    (c) REIMBURSEMENT AUTHORITY-

      (1) IN GENERAL- Subject to paragraph (2), the Secretary may transfer from appropriations for research, development, test, and evaluation, or for procurement, for an acquisition program under the pilot program under subsection (a) to appropriations for reserve component personnel of the Army amounts necessary to reimburse appropriations for reserve component personnel of the Army for pay, allowances, and expenses of reserve component personnel of the Army in performing activities under the pilot program.

      (2) LIMITATION- The amount that may be transferred under paragraph (1) in any fiscal year may not exceed $10,000,000.

      (3) MERGER OF FUNDS- Amounts transferred to an account under paragraph (1) shall be merged with other amounts in such account, and shall be available for the same period, and subject to the same limitations, as the amounts with which merged.

      (4) RELATIONSHIP TO OTHER TRANSFER AUTHORITY- The authority to transfer funds under paragraph (1) is in addition to any other authority to transfer funds under law.

    (d) TERMINATION- The authority to carry out the pilot program under subsection (a) shall expire on September 30, 2010.

    (e) REPORT- Not later than March 1, 2010, the Secretary of the Army shall, in consultation with the Secretary of Defense, submit to the congressional defense committees a report on the pilot program under subsection (a). The report shall include--

      (1) a comprehensive description of the pilot program, including the acquisition programs covered by the pilot program and the activities performed by members of the reserve components of the Army under the pilot program;

      (2) an assessment of the benefits, including cost savings and other benefits, of the performance of activities under the pilot program by members of the reserve components of the Army rather than by contractor personnel; and

      (3) any recommendations for legislative or administrative action that the Secretary considers appropriate in light of the pilot program.

SEC. 538. 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 utilizing a coalition of military and civilian community personnel at military installations in order to enhance the quality of life for members of the Army Reserve who serve at such installations and their families.

      (2) LOCATIONS- The Secretary shall carry out the pilot program at a military installation selected by the Secretary for purposes of the pilot program in two States.

    (b) Participating Personnel- A coalition of personnel under the pilot program shall consist of--

      (1) such command personnel at the installation concerned as the commander of such installation considers appropriate;

      (2) such other military personnel at such installation as the commander of such installation considers appropriate; and

      (3) appropriate members of the civilian community of installation, such as clinicians and teachers, who volunteer for participation in the coalition.

    (c) Objectives-

      (1) PRINCIPLE OBJECTIVE- The principle objective of the pilot program shall be to enhance the quality of life for members of the Army Reserve and their families in order to enhance the mission readiness of such members, to facilitate the transition of such members to and from deployment, and to enhance the retention of such members.

      (2) OBJECTIVES RELATING TO DEPLOYMENT- In seeking to achieve the principle objective under paragraph (1) with respect to the deployment of members of the Army Reserve, each coalition under the pilot program shall seek to assist members of the Army Reserve and their families in--

        (A) successfully coping with the absence of such members from their families during deployment; and

        (B) successfully addressing other difficulties associated with extended deployments, including difficulties of members on deployment and difficulties of family members at home.

      (3) METHODS TO ACHIEVE OBJECTIVES- The methods selected by each coalition under the pilot program to achieve the objectives specified in this subsection shall include methods as follows:

        (A) Methods that promote a balance of work and family responsibilities through a principle-centered approach to such matters.

        (B) Methods that promote the establishment of appropriate priorities for family matters, such as the allocation of time and attention to finances, within the context of meeting military responsibilities.

        (C) Methods that promote the development of meaningful family relationships.

        (D) Methods that promote the development of parenting skills intended to raise emotionally healthy and empowered children.

    (d) Report- Not later than April 1, 2007, the Secretary shall submit to the congressional defense committees 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 utilizing a coalition of military and civilian community personnel on military installations 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.

    (e) Funding-

      (1) IN GENERAL- The amount authorized to be appropriated by section 301(6) for operation and maintenance for the Army Reserve is hereby increased by $160,000, with the amount of the increase to be available to carry out the pilot program required by this section.

      (2) OFFSET- The amount authorized to be appropriated by section 201(2) for research, development, test, and evaluation for the Navy and available for Ship Self Defense (Detect and Control) (PE #0604755N) is hereby reduced by $160,000, with the amount of the reduction to be allocated to amounts for Autonomous Unmanned Surface Vessel.

SEC. 539. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE RETIRED PAY BY MEMBERS OF THE READY RESERVE ON ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR SIGNIFICANT PERIODS.

    (a) REDUCED ELIGIBILITY AGE- Section 12731 of title 10, United States Code, is amended--

      (1) in subsection (a), by striking paragraph (1) and inserting the following:

      `(1) has attained the eligibility age applicable under subsection (f) to that person;'; and

      (2) by adding at the end the following new subsection:

    `(f)(1) Subject to paragraph (2), the eligibility age for purposes of subsection (a)(1) is 60 years of age.

    `(2)(A) In the case of a person who as a member of the Ready Reserve serves on active duty or performs active service described in subparagraph (B) after September 11, 2001, the eligibility age for purposes of subsection (a)(1) shall be reduced below 60 years of age by three months for each aggregate of 90 days on which such person so performs in any fiscal year after such date, subject to subparagraph (C). A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph.

    `(B)(i) Service on active duty described in this subparagraph is service on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of this title in support of a contingency operation. Such service does not include service on active duty pursuant to a call or order to active duty under section 12310 of this title.

    `(ii) Active service described in this subparagraph is service under a call to active service authorized by the President or the Secretary of Defense under section 502(f) of title 32 for purposes of responding to a national emergency declared by the President or supported by Federal funds.

    `(C) The eligibility age for purposes of subsection (a)(1) may not be reduced below 50 years of age for any person under subparagraph (A).'.

    (b) CONTINUATION OF AGE 60 AS MINIMUM AGE FOR ELIGIBILITY OF NON-REGULAR SERVICE RETIREES FOR HEALTH CARE- Section 1074(b) of such title is amended--

      (1) by inserting `(1)' after `(b)'; and

      (2) by adding at the end the following new paragraph:

    `(2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age.'.

    (c) ADMINISTRATION OF RELATED PROVISIONS OF LAW OR POLICY- With respect to any provision of law, or of any policy, regulation, or directive of the executive branch that refers to a member or former member of the uniformed services as being eligible for, or entitled to, retired pay under chapter 1223 of title 10, United States Code, but for the fact that the member or former member is under 60 years of age, such provision shall be carried out with respect to that member or former member by substituting for the reference to being 60 years of age a reference to having attained the eligibility age applicable under subsection (f) of section 12731 of title 10, United States Code (as added by subsection (a)), to such member or former member for qualification for such retired pay under subsection (a) of such section.

    (d) EFFECTIVE DATE AND APPLICABILITY- The amendment made by subsection (a) shall take effect as of September 11, 2001, and shall apply with respect to applications for retired pay that are submitted under section 12731(a) of title 10, United States Code, on or after the date of the enactment of this Act.

SEC. 540. 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 congressional defense committees 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. 541. ELIGIBILITY OF UNITED STATES NATIONALS FOR APPOINTMENT TO THE SENIOR RESERVE OFFICERS' TRAINING CORPS.

    (a) In General- Section 2107(b)(1) of title 10, United States Code, is amended by inserting `or national' after `citizen'.

    (b) Army Reserve Officers Training Programs- Section 2107a(b)(1)(A) of such title is amended by inserting `or national' after `citizen'.

    (c) Eligibility for Appointment as Commissioned Officers- Section 532(f) of such title is amended by inserting `, or for a United States national otherwise eligible for appointment as a cadet or midshipman under section 2107(a) of this title or as a cadet under section 2107a of this title,' after `for permanent residence'.

SEC. 542. 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 congressional defense committees a report on the actions taken to carry out this section.

SEC. 543. SENSE OF SENATE ON CERTAIN MATTERS RELATING TO THE NATIONAL GUARD AND RESERVES.

    It is the sense of the Senate--

      (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).

Subtitle D--Military Justice and Related Matters

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

    (a) UNLIMITED PERIOD FOR MURDER AND RAPE- Subsection (a) of section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), is amended by striking `or with any offense' and inserting `with murder or rape, or with any other offense'.

    (b) EXTENDED PERIOD FOR CHILD ABUSE- Subsection (b)(2) of such section (article) is amended--

      (1) in subparagraph (A), by striking `before the child attains the age of 25 years' and all that follows through the period and inserting `by an officer exercising summary court-martial jurisdiction with respect to that person during the life of the victim or the date that is five years after the date of the offense, whichever is the later date.';

      (2) in subparagraph (B)--

        (A) in the matter preceding clause (i), by striking `sexual or physical'; and

        (B) in clause (v), by striking `Indecent assault,' and inserting `Kidnapping, indecent assault,'; and

      (3) by adding at the end the following new subparagraph:

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

SEC. 552. ESTABLISHMENT OF OFFENSE OF STALKING.

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

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

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

      `(1) who wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family;

      `(2) who has knowledge, or should have knowledge, that the specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family; and

      `(3) whose acts induce reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself or to a member of his or her immediate family,

    is guilty of stalking and shall be punished as a court-martial may direct.

    `(b) For purposes of this section:

      `(1) The term `course of conduct' means--

        `(A) a repeated maintenance of visual or physical proximity to a specific person; or

        `(B) a repeated conveyance of verbal threat, written threats, or threats implied by conduct, or a combination of such threats, directed at or toward a specific person.

      `(2) The term `repeated', with respect to conduct, means two or more occasions of such conduct.

      `(3) The term `immediate family', in the case of a specific person, means a spouse, parent, child, or sibling of the person, or any other family member or relative of the person who regularly resides in the household of the person or who within the six months preceding the commencement of the course of conduct regularly resided in the household of the person.'.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter X of such chapter is amended by inserting after the item relating to section 893 (article 93) the following new item:

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

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

    Section 1044 of title 10, United States Code, is amended--

      (1) by redesignating subsection (d) as subsection (e); and

      (2) by inserting after subsection (c) the following new subsection (d):

    `(d)(1) Notwithstanding any law regarding the licensure of attorneys, a judge advocate or civilian attorney who is authorized to provide military legal assistance is authorized to provide that assistance in any jurisdiction, subject to such regulations as may be prescribed by the Secretary concerned.

    `(2) Military legal assistance may be provided only by a judge advocate or a civilian attorney who is a member of the bar of a Federal court or of the highest court of a State.

    `(3) In this subsection, the term `military legal assistance' includes--

      `(A) legal assistance provided under this section; and

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

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

    (a) AUTHORITY TO ISSUE ADMINISTRATIVE CENSURES-

      (1) AUTHORITY OF SECRETARY OF DEFENSE- The Secretary of Defense may issue, in writing, an administrative censure to any member of the Armed Forces.

      (2) AUTHORITY OF SECRETARIES OF MILITARY DEPARTMENTS- The Secretary of a military department may issue, in writing, an administrative censure to any member of the Armed Forces under the jurisdiction of such Secretary.

      (3) REGULATIONS- Administrative censures shall be issued under this section pursuant to regulations prescribed by the Secretary of Defense. The regulations shall apply uniformly throughout the military departments.

    (b) ADMINISTRATIVE CENSURE- For purposes of this section, an administrative censure is a statement of adverse opinion or criticism with respect to the conduct or performance of duty of a member of the Armed Forces.

    (c) FINALITY- An administrative censure issued under this section is final and may not be appealed by the member of the Armed Forces concerned.

    (d) CONSTRUCTION- The authority under this section to issue administrative censures with respect to the conduct or performance of duty of a member of the Armed Forces is in addition to the authority to impose non-judicial punishment with respect to such conduct or performance of duty under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice).

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

    (a) REQUIREMENT FOR REPORTS-

      (1) IN GENERAL- The Secretary of Defense shall prescribe in regulations a requirement that each covered member of the Armed Forces, whether on the active-duty list or on the reserve active-status list, shall submit to an authority in the military department concerned designated pursuant to such regulations a timely report on any investigation, arrest, charge, detention, adjudication, or conviction of such member by any law enforcement authority of the United States for a violation of a criminal law of the United States, whether or not such member is on active duty at the time of the conduct that provides the basis of such investigation, arrest, charge, detention, adjudication, or conviction. The regulations shall apply uniformly throughout the military departments.

      (2) COVERED MEMBERS- In this section, the term `covered member of the Armed Forces' means the following:

        (A) An officer.

        (B) An enlisted member in the grade of E-7 or above.

    (b) LAW ENFORCEMENT AUTHORITY OF THE UNITED STATES- For purposes of this section, a law enforcement authority of the United States includes--

      (1) a military or other Federal law enforcement authority;

      (2) a State or local law enforcement authority; and

      (3) such other law enforcement authorities within the United States as the Secretary shall specify in the regulations prescribed pursuant to subsection (a).

    (c) CRIMINAL LAW OF THE UNITED STATES-

      (1) IN GENERAL- Except as provided in paragraph (2), for purposes of this section, a criminal law of the United States includes--

        (A) any military or other Federal criminal law;

        (B) any State, county, municipal, or local criminal law or ordinance; and

        (C) such other criminal laws and ordinances of jurisdictions within the United States as the Secretary shall specify in the regulations prescribed pursuant to subsection (a).

      (2) EXCEPTION- For purposes of this section, a criminal law of the United States shall not include a law or ordinance specifying a minor traffic offense (as determined by the Secretary for purposes of such regulations).

    (d) ACTIONS SUBJECT TO REPORT-

      (1) IN GENERAL- The regulations prescribed pursuant to subsection (a) shall specify each action of a law enforcement authority of the United States for which a report under that subsection shall be required.

      (2) MULTIPLE REPORTS ON SINGLE CONDUCT- If the conduct of a covered member of the Armed Forces would provide the basis for actions of a law enforcement authority of the United States warranting more than one report under this section, the regulations shall specify which of such actions such be subject to a report under this section.

    (e) TIMELINESS OF REPORTS- The regulations prescribed pursuant to subsection (a) shall establish requirements for the timeliness of reports under this section.

    (f) FORWARDING OF INFORMATION- The regulations prescribed pursuant to subsection (a) shall provide that, in the event a military department receives information that a covered member of the Armed Forces under the jurisdiction of another military department has become subject to an investigation, arrest, charge, detention, adjudication, or conviction for which a report is required by this section, the Secretary of the military department receiving such information shall, in accordance with such procedures as the Secretary of Defense shall establish in such regulations, forward such information to the authority in the military department having jurisdiction over such member designated pursuant to such regulations.

    (g) DEADLINE FOR REGULATIONS- The regulations required by subsection (a), including the requirement in subsection (f), shall go into effect not later than January 1, 2006.

SEC. 556. SENSE OF SENATE ON APPLICABILITY OF UNIFORM CODE OF MILITARY JUSTICE TO RESERVES ON INACTIVE-DUTY TRAINING OVERSEAS.

    It is the sense of the Senate that--

      (1) there should be no ambiguity about the applicability of the Uniform Code of Military Justice (UCMJ) to members of the reserve components of the Armed Forces while serving overseas under inactive-duty training (IDT) 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 members of the reserve components of the Armed Forces while serving overseas under inactive-duty training orders.

Subtitle E--Military Service Academies

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

    (a) AUTHORITY TO RETAIN-

      (1) IN GENERAL- Chapter 603 of title 10, United States Code, is amended by inserting after section 6952 the following new section:

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

    `(a) RETIREMENT FOR YEARS OF SERVICE- (1) Except as provided in subsection (b), an officer serving as a permanent military professor at the Naval Academy in the grade of commander who is not on a list of officers recommended for promotion to the grade of captain shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 28 years of active commissioned service.

    `(2) Except as provided in subsection (b), an officer serving as a permanent military professor at the Naval Academy in the grade of captain who is not on a list of officers recommended for promotion to the grade of rear admiral (lower half) shall, if not earlier retired, be retired on the first day of the month after the month in which the officer completes 30 years of active commissioned service.

    `(b) CONTINUATION ON ACTIVE DUTY- (1) An officer subject to retirement under subsection (a) may be continued on active duty by the Secretary of the Navy after the date otherwise provided for retirement under such subsection--

      `(A) upon the recommendation of the Superintendent of the Naval Academy; and

      `(B) with the concurrence of the Chief of Naval Operations.

    `(2) The Secretary of the Navy shall determine the period of continuation on active duty of an officer under this subsection.

    `(c) ELIGIBILITY FOR PROMOTION- A permanent military professor at the Naval Academy who has been retained on active duty as a permanent military professor after more than 28 years of active commissioned service in the grade of commander under subsection (b) is eligible for consideration for promotion to the grade of captain.'.

      (2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 6952 the following new item:

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

    (b) CONFORMING AMENDMENTS-

      (1) Section 633 of such title is amended--

        (A) by striking `and an officer' and inserting `, an officer'; and

        (B) by inserting `, and an officer who is a permanent military professor at the Naval Academy to whom section 6952a of this title applies,' after `section 6383 of this title applies'.

      (2) Section 634 of such title is amended by inserting `and an officer who is a permanent military professor at the Naval Academy to whom section 6952a of this title applies,' after `section 6383(a)(4) of this title'.

Subtitle F--Administrative Matters

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

    Subparagraph (B) of section 701(f)(1) of title 10, United States Code, is amended to read as follows:

    `(B) This subsection applies to a member who--

      `(i) serves on active duty for a continuous period of at least 120 days in an area in which the member is entitled to special pay under section 310(a) of title 37;

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

    (a) LIMITATION- Commencing as of the date of the enactment of this Act, no military medical or dental billet may be converted to a civilian position until 90 days after the date on which the Secretary of Defense certifies to the congressional defense committees each of the following:

      (1) That the conversion of military medical or dental billets to civilian positions, whether before the date of the enactment or as scheduled after the limitation under this subsection no longer applies, will not result in an increase in civilian health care costs.

      (2) That the conversion of such billets to such positions meets the joint medical and dental readiness requirements of the uniformed services, as determined jointly by all the uniformed services.

      (3) That, as determined pursuant to market surveys conducted under subsection (b), the civilian medical and dental care providers available in each affected area are adequate to fill the civilian positions created by the conversion of such billets to such positions in such affected area.

    (b) MARKET SURVEYS- The Secretary of Defense shall conduct in each affected area a survey of the availability of civilian medical and dental care providers in such area in order to determine, for purposes of subsection (a)(3), whether or not the civilian medical and dental care providers available in such area are adequate to fill the civilian positions created by the conversion of medical and dental billets to civilian positions in such area.

    (c) DEFINITIONS- In this section:

      (1) The term `affected area' means an area in which the conversion of military medical or dental billets to civilian positions has taken place as of the date of the enactment of this Act or is scheduled to take place after the limitation under subsection (a) no longer applies.

      (2) The term `uniformed services' has the meaning given that term in section 1072(1) of title 10, United States Code.

SEC. 573. UNIFORM POLICY ON PARENTAL LEAVE AND SIMILAR LEAVE.

    (a) Policy Required- The Secretary of Defense shall prescribe in regulations a uniform policy for the taking by members of the Armed Forces of parental leave to cover leave to be used in connection with births or adoptions, as the Secretary shall designate under the policy.

    (b) Uniformity Across Armed Forces- The policy prescribed under subsection (a) shall apply uniformly across the Armed Forces.

SEC. 574. MENTAL HEALTH SCREENINGS OF MEMBERS OF THE ARMED FORCES FOR POST TRAUMATIC STRESS DISORDER AND OTHER MENTAL HEALTH CONDITIONS.

    (a) MENTAL HEALTH SCREENINGS-

      (1) IN GENERAL- Under regulations prescribed by the Secretary of Defense, the Secretary concerned shall perform mental health screenings of each member of the Armed Forces who is deployed in a combat operation or to a combat zone.

    (b) NATURE OF SCREENINGS- The first mental health screening of a member under this section shall be designed to determine the mental state of such member before deployment. Each other mental health screening of a member under this section shall be designated to detect symptoms or other evidence in such member of Post Traumatic Stress Disorder (PTSD) or other mental health condition relating to combat.

    (c) TIME OF SCREENINGS- A member shall receive a mental health screening under this section at times as follows:

      (1) Prior to deployment in a combat operation or to a combat zone.

      (2) Not later than 30 days after the date of the member's return from such deployment.

      (3) Not later than 120 days after the date of the member's return from such deployment.

SEC. 575. SENSE OF THE SENATE ON NOTICE TO CONGRESS OF RECOGNITION OF MEMBERS OF THE ARMED FORCES FOR EXTRAORDINARY ACTS OF BRAVERY, HEROISM, AND ACHIEVEMENT.

    It is the sense of the Senate that the Secretary of Defense or the Secretary of the military department concerned should, upon awarding a medal to a member of the Armed Forces or otherwise commending or recognizing a member of the Armed Forces for an act of extraordinary heroism, bravery, achievement, or other distinction, notify the Committees on Armed Services of the Senate and the House of Representatives, the Senators from the State in which such member resides, and the Member of the House of Representatives from the district in which such member resides of such extraordinary award, commendation, or recognition.

SEC. 576. 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) 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. 577. 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'.'.

Subtitle G--Defense Dependents Education Matters

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

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

`ENROLLMENT OF CERTAIN ADDITIONAL CHILDREN ON TUITION-FREE BASIS

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

    `(b) The Secretary may utilize funds available for the defense dependents' education system, including funds for construction, in order to provide for the education of children enrolled in the defense dependents' education system under subsection (a).'.

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

    (a) Availability of Assistance- To assist communities in making adjustments resulting from the creation of new units and other large-scale relocations of members of the Armed Forces between military installations, the Secretary of Defense may make payments to local educational agencies described in subsection (b) that, during the period between the end of the school year preceding the fiscal year for which the payments are authorized and the beginning of the school year immediately preceding that school year, had an overall increase or decrease in the number of military dependent students enrolled in schools of such local educational agencies equal to or greater than 250 military dependent students.

    (b) Eligible Local Educational Agencies- A local educational agency is eligible for assistance under this section for a fiscal year only if the Secretary of Defense determines that--

      (1) the local educational agency is eligible for educational agencies assistance for the same fiscal year; and

      (2) the required overall increase or decrease in the number of military dependent students enrolled in schools of that local educational agency, as provided in subsection (a), occurred as a result of the relocation of military personnel due to--

        (A) the global rebasing plan of the Department of Defense;

        (B) the official creation or activation of one or more new military units;

        (C) the realignment of forces as a result of the base closure process; or

        (D) a change in the number of housing units on a military installation.

    (c) Notification- Not later than June 30, 2006, and June 30 of each of the next two fiscal years, the Secretary of Defense shall notify each local educational agency that is eligible for assistance under this section for such fiscal year of--

      (1) the eligibility of the local educational agency for the assistance; and

      (2) the amount of the assistance for which that local educational agency is eligible, as determined under subsection (d).

    (d) Amount of Assistance-

      (1) IN GENERAL- In making assistance available to local educational agencies under this section, the Secretary of Defense shall, in consultation with the Secretary of Education, make assistance available to such local educational agencies for a fiscal year on a pro rata basis based on the size of the overall increase or decrease in the number of military and Department of Defense civilian dependent students enrolled in schools of those local educational agencies for such fiscal year.

      (2) LIMITATION- No local educational agency may receive more than $1,000,000 in assistance under this section for any fiscal year.

    (e) Disbursement of Funds- The Secretary of Defense shall disburse assistance made available under this section for a fiscal year not later than 30 days after the date on which notification to the eligible local educational agencies is provided pursuant to subsection (c) for that fiscal year.

    (f) Consultation- The Secretary of Defense shall carry out this section in consultation with the Secretary of Education.

    (g) REPORTS-

      (1) REPORTS REQUIRED- Not later than May 1 of each of 2007, 2008, and 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the fiscal year preceding the date of such report.

      (2) ELEMENT- Each report on the assistance provided during a fiscal year under this section shall include an assessment and description of the current compliance of each local educational agency receiving such assistance with the requirements of the No Child Left Behind Act of 2001 (Public Law 107-110).

    (h) Funding- Of the amount authorized to be appropriated to the Department of Defense for fiscal years 2006, 2007, and 2008 for operation and maintenance for Defense-wide activities, $15,000,000 shall be available for each such fiscal year only for the purpose of providing assistance to local educational agencies under this section.

    (i) TERMINATION- The authority of the Secretary of Defense to provide financial assistance under this section shall expire on September 30, 2008.

    (j) Definitions- In this section:

      (1) The term `base closure process' means the 2005 base closure and realignment process authorized by Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) or any base closure and realignment process conducted after the date of the enactment of this Act under section 2687 of title 10, United States Code, or any other similar law enacted after that date.

      (2) The term `educational agencies assistance' means assistance authorized under section 386(b) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 7703 note).

      (3) The term `local educational agency' has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

      (4) The term `military dependent students' refers to--

        (A) elementary and secondary school students who are dependents of members of the Armed Forces; and

        (B) elementary and secondary school students who are dependents of civilian employees of the Department of Defense.

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

    (a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR FISCAL YEAR 2006- Of the amount authorized to be appropriated pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $30,000,000 shall be available only for the purpose of providing educational agencies assistance to local educational agencies.

    (b) NOTIFICATION- Not later than June 30, 2006, the Secretary of Defense shall notify each local educational agency that is eligible for educational agencies assistance for fiscal year 2006 of--

      (1) that agency's eligibility for the assistance; and

      (2) the amount of the assistance for which that agency is eligible.

    (c) DISBURSEMENT OF FUNDS- The Secretary of Defense shall disburse funds made available under subsection (a) not later than 30 days after the date on which notification to the eligible local educational agencies is provided pursuant to subsection (b).

    (d) DEFINITIONS- In this section:

      (1) The term `educational agencies assistance' means assistance authorized under section 386(b) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 20 U.S.C. 7703 note).

      (2) The term `local educational agency' has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

      (3) The term `basic support payment' means a payment authorized under section 8003(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)).

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

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

SEC. 585. 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 literacy among the children of members of the Armed Forces utilizing the Reach Out and Read model of pediatric early literacy.

    (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 include activities in accordance with the Reach Out and Read model of pediatric early literacy as follows:

      (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) CONSULTATION- The Secretary shall consult with the Reach Out and Read National Center in the development and implementation of the pilot projects conducted under this section, including in the designation of locations of the pilot projects under subsection (b).

    (e) REPORT-

      (1) IN GENERAL- Not later than March 1, 2007, the Secretary shall submit to the congressional defense committees 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 utilizing the Reach Out and Read model of pediatric early literacy.

    (f) FUNDING-

      (1) IN GENERAL- Of the amount authorized to be appropriated by section 301(5) for operation and maintenance for Defense-wide activities, up to $2,000,000 may be available for the pilot projects authorized by this section.

      (2) AVAILABILITY- The amount available under paragraph (1) shall remain available until expended.

Subtitle H--Other Matters

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

    (a) COMPREHENSIVE POLICY ON CASUALTY ASSISTANCE-

      (1) POLICY REQUIRED- Not later than January 1, 2006, the Secretary of Defense shall develop and prescribe a comprehensive policy for the Department of Defense on the provision of casualty assistance to survivors and next of kin of members of the Armed Forces who die during military service (in this section referred to as `military decedents').

      (2) CONSULTATION- The Secretary shall develop the policy in consultation with the Secretaries of the military departments, the Secretary of Veterans Affairs, and the Secretary of Homeland Security with respect to the Coast Guard

      (3) INCORPORATION OF PAST EXPERIENCE AND PRACTICE- The policy shall be based on--

        (A) the experience and best practices of the military departments;

        (B) the recommendations of nongovernment organizations with demonstrated expertise in responding to the needs of survivors of military decedents; and

        (C) such other matters as the Secretary of Defense considers appropriate.

      (4) PROCEDURES- The policy shall include procedures to be followed by the military departments in the provision of casualty assistance to survivors and next of kin of military decedents. The procedures shall be uniform across the military departments except to the extent necessary to reflect the traditional practices or customs of a particular military department.

    (b) ELEMENTS OF POLICY- The comprehensive policy developed under subsection (a) shall address the following matters:

      (1) The initial notification of primary and secondary next of kin of the deaths of military decedents and any subsequent notifications of next of kin warranted by circumstances.

      (2) The transportation and disposition of remains of military decedents, including notification of survivors of the performance of autopsies.

      (3) The qualifications, assignment, training, duties, supervision, and accountability for the performance of casualty assistance responsibilities.

      (4) The relief or transfer of casualty assistance officers, including notification to survivors and next of kin of the reassignment of such officers to other duties.

      (5) Centralized, short-term and long-term case-management procedures for casualty assistance by each military department, including rapid access by survivors of military decedents and casualty assistance officers to expert case managers and counselors.

      (6) The provision, through a computer accessible Internet website and other means and at no cost to survivors of military decedents, of personalized, integrated information on the benefits and financial assistance available to such survivors from the Federal Government.

      (7) The provision, at no cost to survivors of military decedents, of legal assistance by military attorneys on matters arising from the deaths of such decedents, including tax matters, on an expedited, prioritized basis.

      (8) The provision of financial counseling to survivors of military decedents, particularly with respect to appropriate disposition of death gratuity and insurance proceeds received by surviving spouses, minor dependent children, and their representatives.

      (9) The provision of information to survivors and next of kin of military decedents on mechanisms for registering complaints about, or requests for, additional assistance related to casualty assistance.

      (10) Liaison with the Department of Veterans Affairs and the Social Security Administration in order to ensure prompt and accurate resolution of issues relating to benefits administered by those agencies for survivors of military decedents.

      (11) Data collection regarding the incidence and quality of casualty assistance provided to survivors of military decedents, including surveys of such survivors and military and civilian members assigned casualty assistance duties.

    (c) ADOPTION BY MILITARY DEPARTMENTS- Not later than March 1, 2006, the Secretary of each military department shall prescribe regulations, or modify current regulations, on the policies and procedures of such military department on the provision of casualty assistance to survivors and next of kin of military decedents in order to conform such policies and procedures to the policy developed under subsection (a).

    (d) REPORT ON IMPROVEMENT OF CASUALTY ASSISTANCE PROGRAMS- Not later than May 1, 2006, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that includes--

      (1) the assessment of the Secretary of the adequacy and sufficiency of the current casualty assistance programs of the military departments;

      (2) a plan for a system for the uniform provision to survivors of military decedents of personalized, accurate, and integrated information on the benefits and financial assistance available to such survivors through the casualty assistance programs of the military departments under subsection (c); and

      (3) such recommendations for other legislative or administrative action as the Secretary considers appropriate to enhance and improve such programs to achieve their intended purposes.

    (e) GAO REPORT-

      (1) REPORT REQUIRED- Not later than August 1, 2006, the Comptroller General of the United States shall submit to the congressional defense committees a report on the evaluation by the Comptroller General of the casualty assistance programs of the Department of Defense and of such other departments and agencies of the Federal Government as provide casualty assistance to survivors and next of kin of military decedents.

      (2) ASSESSMENT- The report shall include the assessment of the Comptroller General of the adequacy of the current policies and procedures of, and funding for, the casualty assistance programs covered by the report to achieve their intended purposes.

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

    (a) COMBAT-RELATED FOCUS FOR NAVAL POSTGRADUATE SCHOOL-

      (1) IN GENERAL- Section 7041 of title 10, United States Code, is amended by striking `for the advanced instruction' and all that follows and inserting `for the provision of advanced instruction, and professional and technical education, to commissioned officers of the naval service to enhance combat effectiveness and the national security.'.

      (2) CONFORMING AMENDMENT- Section 7042(b)(1) of such title is amended by striking `and technical education' and inserting `, and technical and professional education,'.

    (b) EXPANDED ELIGIBILITY OF ENLISTED PERSONNEL FOR INSTRUCTION- Section 7045 of such title is amended--

      (1) in subsection (a)(2)--

        (A) by redesignating subparagraph (C) as subparagraph (D);

        (B) by inserting after subparagraph (B) the following new subparagraph (C):

    `(C) The Secretary may permit an eligible member of the armed forces to receive instruction from the Postgraduate School in certificate programs and courses required for the performance of the member's duties.'; and

        (C) in subparagraph (D), as so redesignated, by striking `(A) and (B)' and inserting `(A), (B), and (C)'; and

      (2) in subsection (b)(2), by striking `(a)(2)(C)' and inserting `(a)(2)(D)'.

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

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

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

    `(a) EXPENDITURES FOR RECOGNITION ITEMS- Under regulations prescribed by the Secretary of Defense, appropriated funds may be expended--

      `(1) to procure recognition items of nominal or modest value for recruitment or retention purposes; and

      `(2) to present such items--

        `(A) to members of the armed forces, including members of the reserve components of the armed forces; and

        `(B) to members of the families of members of the armed forces, and to other individuals recognized as providing support that substantially facilitates service in the armed forces.

    `(b) PROVISION OF MEALS AND REFRESHMENTS- For purposes of section 520c of this title and any regulation prescribed to implement that section, functions conducted for the purpose of presenting recognition items described in subsection (a) shall be treated as recruiting functions, and recipients of such items shall be treated as persons who are the objects of recruiting efforts.

    `(c) DEFINITION- The term `recognition items of nominal or modest value' means commemorative coins, medals, trophies, badges, flags, posters, paintings, or other similar items that are valued at less than $50 per item and are designed to recognize or commemorate service in the armed forces.

    `(d) TERMINATION OF AUTHORITY- The authority under this section shall expire December 31, 2007.'.

    (2) The table of sections at the beginning of subchapter II of chapter 134 of such title is amended by adding at the end the following new item:

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

    (b) REPEAL OF SUPERSEDED AUTHORITIES-

      (1) ARMY RESERVE- (A) Section 18506 of title 10, United States Code, is repealed.

      (B) The table of sections at the beginning of chapter 1805 of such title is amended by striking the item relating to section 18506.

      (2) NATIONAL GUARD- (A) Section 717 of title 32, United States Code, is repealed.

      (B) The table of sections at the beginning of chapter 7 of such title is amended by striking the item relating to section 717.

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

    (a) REQUIREMENT- Not later than January 1, 2006, the Secretary of Defense shall prescribe regulations, or modify existing regulations, on the policies and procedures relating to personal commercial solicitations, including the sale of life insurance and securities, on Department of Defense installations.

    (b) REPEAL OF SUPERSEDED LIMITATIONS- The following provisions of law are repealed:

      (1) Section 586 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1493).

      (2) Section 8133 of the Department of Defense Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1002).

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

    (a) IN GENERAL- Section 509(d) of title 32, United States Code, is amended by striking paragraphs (1), (2), (3), and (4) and inserting the following new paragraphs:

      `(1) for fiscal year 2006, 65 percent of the costs of operating the State program during that fiscal year;

      `(2) for fiscal year 2007, 70 percent of the costs of operating the State program during that fiscal year; and

      `(3) for fiscal year 2008 and each subsequent fiscal year, 75 percent of the costs of operating the State program during such fiscal year.'.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on October 1, 2005.

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

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

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

    `(a) Authority to Award Specified Degrees- The President of the National Defense University, upon the recommendation of the faculty of the respective college or other school within the University, may confer the master of science degrees specified in subsection (b).

    `(b) Authorized Degrees- The following degrees may be awarded under subsection (a):

      `(1) MASTER OF SCIENCE IN NATIONAL SECURITY STRATEGY- The degree of master of science in national security strategy, to graduates of the University who fulfill the requirements of the program of the National War College.

      `(2) MASTER OF SCIENCE IN NATIONAL RESOURCE STRATEGY- The degree of master of science in national resource strategy, to graduates of the University who fulfill the requirements of the program of the Industrial College of the Armed Forces.

      `(3) MASTER OF SCIENCE IN JOINT CAMPAIGN PLANNING AND STRATEGY- The degree of master of science in joint campaign planning and strategy, to graduates of the University who fulfill the requirements of the program of the Joint Advanced Warfighting School at the Joint Forces Staff College.

    `(c) Regulations- The authority provided by this section shall be exercised under regulations prescribed by the Secretary of Defense.'.

    (b) Clerical Amendment- The item relating to section 2163 in the table of sections at the beginning of chapter 108 of such title is amended to read as follows:

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

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

SEC. 597. 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 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. 598. CONSUMER EDUCATION FOR MEMBERS OF THE ARMED FORCES AND THEIR SPOUSES ON INSURANCE AND OTHER FINANCIAL SERVICES.

    (a) Education and Counseling Requirements-

      (1) IN GENERAL- Chapter 50 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 992. Consumer education: financial services

    `(a) Requirement for Consumer Education Program for Members- (1) The Secretary concerned shall carry out a program to provide comprehensive education to members of the armed forces under the jurisdiction of the Secretary on--

      `(A) financial services that are available under law to members;

      `(B) financial services that are routinely offered by private sector sources to members;

      `(C) practices relating to the marketing of private sector financial services to members;

      `(D) such other matters relating to financial services available to members, and the marketing of financial services to members, as the Secretary considers appropriate; and

      `(E) such other financial practices as the Secretary considers appropriate.

    `(2) Training under this subsection shall be provided to members as--

      `(A) a component of members initial entry orientation training; and

      `(B) a component of periodically recurring required training that is provided for the members at military installations.

    `(3) The training provided at a military installation under paragraph (2)(B) shall include information on any financial services marketing practices that are particularly prevalent at that military installation and in the vicinity.

    `(b) Counseling for Members and Spouses- (1) The Secretary concerned shall, upon request, provide counseling on financial services to each member of the armed forces, and such member's spouse, under the jurisdiction of the Secretary.

    `(2)(A) In the case of a military installation at which at least 2,000 members of the armed forces on active duty are assigned, the Secretary concerned--

      `(i) shall provide counseling on financial services under this subsection through a full-time financial services counselor at such installation; and

      `(ii) may provide such counseling at such installation by any means elected by the Secretary from among the following:

        `(I) Through members of the armed forces in 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- (1) In counseling a member of the armed forces, or spouse of a member of the armed forces, under this section regarding life insurance offered by a private sector source, a financial services counselor under subsection (b)(2)(A)(i), or another individual providing counseling on financial services under subsection (b)(2), shall furnish the member or spouse, as the case may be, with information on the availability of Servicemembers' Group Life Insurance under subchapter III of chapter 19 of title 38, including information on the amounts of coverage available and the procedures for electing coverage and the amount of coverage.

    `(2)(A) A covered member of the armed forces may not authorize payment to be made for private sector life insurance by means of an allotment of pay to which the member is entitled under chapter 3 of title 37 unless the authorization of allotment is accompanied by a written certification by a commander of the member, a financial services counselor referred to in subsection (b)(2)(A)(i), or another individual providing counseling on financial services under subsection (b)(2), as applicable, that the member has received counseling under paragraph (1) regarding the purchase of coverage under that private sector life insurance.

    `(B) Subject to subparagraph (C), a written certification described in subparagraph (A) may not be made with respect to a member`s authorization of allotment as described in subparagraph (A) until seven days after the date of the member's authorization of allotment in order to facilitate the provision of counseling to the member under paragraph (1).

    `(C) The commander of a member may waive the applicability of subparagraph (B) to a member for good cause, including the member's imminent change of station.

    `(D) In this paragraph, the term `covered member of the armed forces' means an active duty member of the armed forces in grades E-1 through E-4.

    `(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) Continuing Effect of Existing Allotments for Life Insurance- Paragraph (c)(2) of section 992 of title 10, United States Code (as added by subsection (a)), shall not affect any allotment of pay authorized by a member of the Armed Forces before the effective date of such section.

    (c) 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. 599. REPORT ON PREDATORY LENDING PRACTICES DIRECTED AT MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS.

    (a) Findings- The Senate makes the following findings:

      (1) Predatory lending practices harm members of the Armed Forces and are an increasing problem for the Armed Forces.

      (2) Predatory lending practices not only hurt the financial security of the members of the Armed Forces but, according to the Under Secretary of Defense for Personnel and Readiness, also threaten the operational readiness of the Armed Forces.

      (3) The General Accountability Office found in an April 2005 report that the Department of Defense was not fully utilizing tools available to the Department to curb the predatory lending practices directed at members of the Armed Forces.

    (b) Sense of Senate- It is the sense of the Senate that--

      (1) the Department of Defense should work with financial service regulators to protect the members of the Armed Forces from predatory lending practices; and

      (2) the Senate should consider and adopt legislation--

        (A) to strengthen disclosure, education, and other protections for members of the Armed Forces regarding predatory lending practices; and

        (B) to ensure greater cooperation between financial services regulators and the Department of Defense on the protection of members of the Armed Forces from predatory lending practices.

    (c) Report-

      (1) REPORT REQUIRED- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, 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, submit to the appropriate committees of Congress a report on predatory lending practices directed at members of the Armed Forces and their families.

      (2) ELEMENTS- The report under paragraph (1) shall include--

        (A) a description of the prevalence of predatory lending practices directed at members of the Armed Forces and their families;

        (B) an assessment of the effects of predatory lending practices on members of the Armed Forces and their families;

        (C) 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;

        (D) a description of the strategy of the Department of Defense, and of any current or planned programs of the Department, to reduce or eliminate--

          (i) the prevalence of predatory lending practices directed at members of the Armed Forces and their families; and

          (ii) the negative effect of such practices on members of the Armed Forces and their families; and

        (E) recommendations for additional legislative and administrative action to reduce or eliminate predatory lending practices directed at members of the Armed Forces and their families.

      (3) DEFINITIONS- In this subsection:

        (A) The term `appropriate committees of Congress' means--

          (i) the Committees on Armed Services and Banking, Housing, and Urban Affairs of the Senate; and

          (ii) the Committees on Armed Services and Financial Services of the House of Representatives.

        (B) The term `predatory lending practice' means an unfair or abusive loan or credit sale transition or collection practice.

SEC. 599A. PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN THE PARALYMPIC GAMES.

    Section 717(a)(1) of title 10, United States Code, is amended by striking `and Olympic Games' and inserting `, Olympic Games, and Paralympic Games,'.

SEC. 599B. 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 not below the grade of rear admiral (lower half) 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 appointed to such position.

    `(2) The President of the Naval Postgraduate School shall be detailed or assigned to such position under paragraph (1) by the Secretary of the Navy, upon the recommendation of the Chief of Naval Operations.

    `(3) An individual assigned as President of the Naval Postgraduate School under paragraph (1)(B) shall serve in such position for a term of not more than five years.'.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

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

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

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

    (a) AUTHORITY TO MAKE CONTRIBUTIONS FOR CERTAIN FIRST-TIME ENLISTEES- Section 211(d) of title 37, United States Code, is amended--

      (1) in paragraph (1)--

        (A) in subparagraph (A), by inserting `(i)' after `(A)';

        (B) by redesignating subparagraph (B) as clause (ii) of subparagraph (A);

        (C) in clause (ii) of subparagraph (A), as so redesignated, by striking the period at the end and inserting `; or'; and

        (D) by adding at the end the following new subparagraph (B):

      `(B) in the case of a member first enlisting in the armed forces, the period of the member's enlistment is not less than two years.';

      (2) in paragraph (2), by striking `paragraph (1)' the first place it appears and inserting `paragraph (1)(A)'; and

      (3) by adding at the end the following new paragraph:

    `(3) In the case of a member described by paragraph (1)(B), the Secretary shall make contributions to the Fund for the benefit of the member for each pay period of the enlistment of the member described in that paragraph for which the member makes a contribution to the Fund under section 8440e of title 5 (other than under subsection (d)(2) thereof). The second sentence of paragraph (2) applies to the Secretary's obligation to make contributions under this paragraph to the same extent as such paragraph applies to the Secretary's obligation to make contributions under such paragraph.'.

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

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

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

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

    (a) IN GENERAL- Section 907(d) of title 37, United States Code, is amended to read as follows:

    `(d) In determining the amount of the pay and allowances of a grade formerly held by an officer, the following special and incentive pays may be considered only so long as the officer continues to perform the duty creating the entitlement to or eligibility for such pay and would otherwise be eligible to receive such pay in the officer's former grade:

      `(1) Incentive pay for hazardous duty under section 301 of this title.

      `(2) Submarine duty incentive pay under section 301c of this title.

      `(3) Diving duty special pay under section 304 of this title.

      `(4) Hardship duty special pay under section 305 of this title.

      `(5) Career sea pay under section 305a of this title.

      `(6) Special pay for service as a member of a Weapons of Mass Destruction Civil Support Team under section 305b of this title.

      `(7) Assignment incentive pay under section 307a of this title.

      `(8) Hostile fire pay or imminent danger pay under section 310 of this title.

      `(9) Special pay for extension of overseas tour of duty under section 314 of this title.

      `(10) Foreign language proficiency pay under section 316 of this title.

      `(11) Critical skill retention bonus under section 323 of this title, if payable in periodic installments.'.

    (b) EFFECTIVE DATE- The amendment made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to acceptances of enlisted members of appointments as officers on or after that date.

SEC. 605. PERMANENT EXTENSION OF PERIOD OF TEMPORARY CONTINUATION OF BASIC ALLOWANCE FOR HOUSING FOR DEPENDENTS OF MEMBERS OF THE ARMED FORCES WHO DIE ON ACTIVE DUTY.

    Effective immediately after the termination, pursuant to subsection (b) of section 1022 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 251), of the amendments made by subsection (a) of such section, section 403(l) of title 37, United States Code, is amended by striking `180 days' each place it appears and inserting `365 days'.

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

    (a) Equal Treatment of Reserve Members- Subsection (g) of section 403 of title 37, United States Code, is amended--

      (1) by redesignating paragraph (3) as paragraph (4);

      (2) by inserting after paragraph (2) the following new paragraph (3):

    `(3) The rate of basic allowance for housing to be paid to the following members of a reserve component shall be equal to the rate in effect for similarly situated members of a regular component of the uniformed services:

      `(A) A member who is called or ordered to active duty for a period of more than 30 days.

      `(B) A member who is called or ordered to active duty for a period of 30 days or less in support of a contingency operation.'; and

      (3) in paragraph (4), as so redesignated, by striking `less than 140 days' and inserting `30 days or less'.

    (b) Conforming Amendment Regarding Members Without Dependents- Paragraph (1) of such subsection is amended by inserting `or for a period of more than 30 days' after `in support of a contingency operation' both places it appears.

SEC. 607. INCOME REPLACEMENT PAYMENTS FOR RESERVES EXPERIENCING EXTENDED AND FREQUENT MOBILIZATION FOR ACTIVE DUTY SERVICE.

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

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

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

    `(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 180 continuous days of service on active duty under such an order;

      `(2) completes 24 months on active duty during the previous 60 months under such an order; or

      `(3) is involuntarily mobilized for service on active duty six months or less following the member's separation from the member's previous period of active duty.

    `(c) Minimum and Maximum Payment Amounts- (1) A payment under this section shall be made to a member for a month only if the amount of the monthly active-duty income differential for the month is greater than $50.

    `(2) Notwithstanding the amount determined under subsection (d) for a member for a month, the monthly payment to a member under this section may not exceed $3,000.

    `(d) Monthly Active-Duty Income Differential- For purposes of this section, the monthly active-duty income differential of a member is the difference between--

      `(1) the average monthly civilian income of the member; and

      `(2) the member's total monthly military compensation.

    `(e) Definitions- In this section:

      `(1) The term `average monthly civilian income', with respect to a member of a reserve component, means the amount, determined by the Secretary concerned, of the earned income of the member for either the 12 months preceding the member's mobilization or the 12 months covered by the member's most recent Federal income tax filing, divided by 12.

      `(2) The term `total monthly military compensation' means the amount, computed on a monthly basis, of the sum of--

        `(A) the amount of the regular military compensation (RMC) of the member; and

        `(B) any amount of special pay or incentive pay and any allowance (other than an allowance included in regular military compensation) that is paid to the member on a monthly basis.'.

    (b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

    (c) Effective Date- Section 910 of title 37, United States Code, as added by subsection (a), shall apply for months after December 2005.

    (d) Limitation on Fiscal Year 2006 Obligations- During fiscal year 2006, obligations incurred under section 910 of title 37, United States Code, to provide income replacement payments to involuntarily mobilized members of a reserve component who are subject to extended and frequent active duty service may not exceed $60,000,000.

Subtitle B--Bonuses and Special and Incentive Pays

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

    (a) SELECTED RESERVE REENLISTMENT BONUS- Section 308b(g) of title 37, United States Code, is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (b) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN HIGH PRIORITY UNITS- Section 308d(c) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (c) READY RESERVE NON-PRIOR SERVICE ENLISTMENT BONUS- Section 308g(h) of such title is amended by striking `an enlistment after September 30, 1992.' and inserting `an enlistment--

      `(1) during the period beginning on October 1, 1992, and ending on September 30, 2005; or

      `(2) after September 30, 2006.'.

    (d) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS- Section 308h(g) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (e) PRIOR SERVICE ENLISTMENT BONUS- Section 308i(f) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

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

    (a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM- Section 2130a(a)(1) of title 10, United States Code, is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (b) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE- Section 16302(d) of such title is amended by striking `before January 1, 2006' and inserting `on or before December 31, 2006'.

    (c) ACCESSION BONUS FOR REGISTERED NURSES- Section 302d(a)(1) of title 37, United States Code, is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (d) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS- Section 302e(a)(1) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES- Section 302g(f) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (f) ACCESSION BONUS FOR DENTAL OFFICERS- Section 302h(a)(1) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (g) ACCESSION BONUS FOR PHARMACY OFFICERS- Section 302j(a) of such title is amended by striking `the date of the enactment of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 and ending on September 30, 2005' and inserting `October 30, 2000, and ending on December 31, 2006'.

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

    (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING PERIOD OF ACTIVE SERVICE- Section 312(e) of title 37, United States Code, is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (b) NUCLEAR CAREER ACCESSION BONUS- Section 312b(c) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS- Section 312c(d) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

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

    (a) AVIATION OFFICER RETENTION BONUS- Section 301b(a) of title 37, United States Code, is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (b) ASSIGNMENT INCENTIVE PAY- Section 307a(f) of such title is amended by striking `December 31, 2006' and inserting `December 31, 2007'.

    (c) REENLISTMENT BONUS FOR ACTIVE MEMBERS- Section 308(g) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (d) ENLISTMENT BONUS FOR ACTIVE MEMBERS- Section 309(e) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (e) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY SKILLS- Section 323(i) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (f) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS- Section 324(g) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

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

    (a) FLEXIBLE PAYMENT- Section 307a of title 37, United States Code, is amended--

      (1) in subsection (a)--

        (A) by striking `monthly'; and

        (B) by adding at the end the following new sentence: `Incentive pay payable under this section may be paid on a monthly basis, in a lump sum, or in installments.';

      (2) in subsection (b)--

        (A) by inserting `(1)' before `The Secretary concerned';

        (B) in paragraph (1), as so designated, by striking `incentive pay' in the first sentence and inserting `the payment of incentive pay on a monthly basis'; and

        (C) by adding at the end the following new paragraph:

    `(2) The Secretary concerned shall require a member performing service in an assignment designated under subsection (a) to enter into a written agreement with the Secretary in order to qualify for the payment of incentive pay on a lump sum or installment basis under this section. The written agreement shall specify the period for which the incentive pay will be paid to the member and, subject to subsection (c), the amount of the lump sum, or each installment, of the incentive pay.'; and

      (3) by striking subsection (c) and inserting the following new subsection (c):

    `(c) MAXIMUM RATE OR AMOUNT- (1) The maximum monthly rate of incentive pay payable to a member on a monthly basis under this section is $1,500.

    `(2) The amount of the lump sum payment of incentive pay payable to a member on a lump sum basis under this section may not exceed an amount equal to the product of--

      `(A) the maximum monthly rate authorized under paragraph (1) at the time of the written agreement of the member under subsection (b)(2); and

      `(B) the number of months in the period for which incentive pay will be paid pursuant to the agreement.

    `(3) The amount of each installment payment of incentive pay payable to a member on an installment basis under this section shall be the amount equal to--

      `(A) the product of (i) a monthly rate specified in the written agreement of the member under subsection (b)(2) (which monthly rate may not exceed the maximum monthly rate authorized under paragraph (1) at the time of the written agreement), and (ii) the number of months in the period for which incentive pay will be paid; divided by

      `(B) the number of installments over such period.

    `(4) If a member extends an assignment specified in an agreement with the Secretary under subsection (b), incentive pay for the period of the extension may be paid under this section on a monthly basis, in a lump sum, or in installments in accordance with this section.'.

    (b) REPAYMENT- Such section is further amended--

      (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and

      (2) by inserting after subsection (c), as amended by subsection (a)(3) of this section, the following new subsection (d):

    `(d) REPAYMENT OF INCENTIVE PAY- (1)(A) A member who, pursuant to an agreement under subsection (b)(2), receives a lump sum or installment payment of incentive pay under this section and who fails to complete the total period of service or other conditions specified in the agreement voluntarily or because of misconduct, shall refund to the United States an amount equal to the percentage of incentive pay paid which is equal to the unexpired portion of the service divided by the total period of service.

    `(B) The Secretary concerned may waive repayment of an amount of incentive pay under subparagraph (A), whether in whole or in part, if the Secretary determines that conditions and circumstances warrant.

    `(2) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States.

    `(3) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of the agreement does not discharge the member signing the agreement from a debt arising under paragraph (1).'.

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

    (a) IN GENERAL- Section 308 of title 37, United States Code, is amended--

      (1) by redesignating subsections (b) through (g) as subsections (c) through (h), respectively; and

      (2) by inserting after subsection (a) the following new subsection (b):

    `(b)(1) An enlisted member of the naval service who--

      `(A) has completed at least ten, but not more than fourteen, years of active duty;

      `(B) is currently qualified for duty in connection with the supervision, operation, and maintenance of naval nuclear propulsion plants;

      `(C) is qualified in a military skill designated as critical by the Secretary of Defense; and

      `(D) reenlists or voluntarily extends the member's enlistment for a period of at least three years in the regular component of the naval service,

    may be paid a bonus as provided in paragraph (2).

    `(2) The bonus to be paid a member under paragraph (1) may not exceed the lesser of the following amounts:

      `(A) The amount determined with respect to the member in accordance with subsection (a)(2)(A).

      `(B) $75,000.

    `(3) Subsection (a)(3) applies to the computation under paragraph (2)(A) of any bonus payable under this subsection.

    `(4) Subsection (a)(4) applies to the payment of any bonus payable under this subsection.'.

    (b) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 2005, and shall apply with respect to reenlistments or voluntary extensions of enlistments that occur on or after that date.

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

    (a) CONSOLIDATION AND MODIFICATION OF BONUSES- Section 308c of title 37, United States Code, is amended to read as follows:

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

    `(a) AFFILIATION BONUS AUTHORIZED- Under regulations prescribed by the Secretary of Defense, the Secretary concerned may pay an affiliation bonus to an enlisted member of an armed force who--

      `(1) has completed fewer than 20 years of military service; and

      `(2) executes a written agreement to serve in the Selected Reserve of the Ready Reserve of an armed force for a period of not less than three years in a skill, unit, or pay grade designated under subsection (b) after being discharged or released from active duty under honorable conditions.

    `(b) DESIGNATION OF SKILLS, UNITS, AND PAY GRADES- The Secretary concerned shall designate the skills, units, and pay grades for which an affiliation bonus may be paid under subsection (a). Any skill, unit, or pay grade so designated shall be a skill, unit, or pay grade for which there is a critical need for personnel in the Selected Reserve of the Ready Reserve of an armed force, as determined by the Secretary concerned.

    `(c) ACCESSION BONUS AUTHORIZED- Under regulations prescribed by the Secretary of Defense, the Secretary concerned may pay an accession bonus to a person who--

      `(1) has not previously served in the armed forces; and

      `(2) executes a written agreement to serve as an enlisted member in the Selected Reserve of the Ready Reserve of an armed force for a period of not less than three years upon acceptance of the agreement by the Secretary concerned.

    `(d) LIMITATION ON AMOUNT OF BONUS- The amount of a bonus under subsection (a) or (c) may not exceed $10,000.

    `(e) PAYMENT METHOD- Upon acceptance of a written agreement by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify whether the bonus shall be paid by the Secretary concerned in a lump sum or in installments.

    `(f) CONTINUED ENTITLEMENT TO BONUS PAYMENTS- A member entitled to a bonus under this section who is called or ordered to active duty shall be paid, during that period of active duty, any amount of the bonus that becomes payable to the member during that period of active duty.

    `(g) REPAYMENT FOR FAILURE TO COMMENCE OR COMPLETE OBLIGATED SERVICE- (1) An individual who, after being paid all or part of a bonus under an agreement under subsection (a) or (c), does not commence to serve in the Selected Reserve or does not satisfactorily participate in the Selected Reserve for the total period of service specified in such agreement shall repay to the United States the amount of such bonus so paid, except as otherwise prescribed under paragraph (2).

    `(2) The Secretary concerned shall prescribe in regulations whether repayment of an amount otherwise required under paragraph (1) shall be made in whole or in part, the method for computing the amount of such repayment, and any conditions under which an exception to required repayment would apply.

    `(3) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (a) or (c) does not discharge the individual signing the agreement from a debt arising under such agreement or under paragraph (1).

    `(h) TERMINATION OF BONUS AUTHORITY- No bonus may be paid under this section with respect to any agreement entered into under subsection (a) or (c) after December 31, 2006.'.

    (b) REPEAL OF SUPERSEDED AFFILIATION BONUS AUTHORITY- Section 308e of such title is repealed.

    (c) CLERICAL AMENDMENTS- The table of sections at the beginning of chapter 5 of such title is amended--

      (1) by striking the item relating to section 308c and inserting the following new item:

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

      and

      (B) by striking the item relating to section 308e.

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

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

    (a) ELIGIBILITY FOR PAY- Subsection (a) of section 308d of title 37, United States Code, is amended by striking `an enlisted member' and inserting `a member'.

    (b) AMOUNT OF PAY- Such subsection is further amended by striking `$10' and inserting `$50'.

    (c) CONFORMING AND CLERICAL AMENDMENTS-

      (1) CONFORMING AMENDMENT- The heading of such section is amended to read as follows:

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

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

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

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

SEC. 619. RETENTION INCENTIVE AND ASSIGNMENT BONUS FOR MEMBERS OF THE SELECTED RESERVE QUALIFIED IN A CRITICAL MILITARY SKILL OR WHO VOLUNTEER FOR ASSIGNMENT TO A HIGH PRIORITY UNIT.

    (a) BONUS AUTHORIZED-

      (1) IN GENERAL- Chapter 5 of title 37, United States Code, is amended by inserting after section 308j the following new section:

`Sec. 308k. Special pay: retention incentive bonus for members of the Selected Reserve qualified in a critical military skill; assignment bonus for members of the Selected Reserve who volunteer for assignment to a high priority unit

    `(a) BONUSES AUTHORIZED- (1) An eligible officer or enlisted member of the armed forces may be paid a retention bonus as provided in this section if--

      `(A) in the case of an officer or warrant officer, the member executes a written agreement to remain in the Selected Reserve for at least 2 years;

      `(B) in the case of an enlisted member, the member reenlists or voluntarily extends the member's enlistment in the Selected Reserve for a period of at least 2 years; or

      `(C) in the case of an enlisted member serving on an indefinite reenlistment, the member executes a written agreement to remain in the Selected Reserve for at least 2 years.

    `(2) An officer or enlisted member of the armed forces may be paid an assignment bonus as provided in this section if the member voluntarily agrees to an assignment to a high priority unit of the Selected Reserve of the Ready Reserve of an armed force for at least 2 years.

    `(b) MEMBERS ELIGIBLE FOR RETENTION BONUS- Subject to subsection (d), an officer or enlisted member is eligible under subsection (a)(1) for a retention bonus under this section if the member--

      `(1) is qualified in a military skill or specialty designated as critical for purposes of this section under subsection (c); or

      `(2) agrees to train or retrain in a military skill or specialty so designated as critical.

    `(c) DESIGNATION OF CRITICAL SKILLS OR SPECIALTIES AND HIGH PRIORITY UNITS- The Secretary concerned shall--

      `(1) designate the military skills and specialties that shall be treated as critical military skills and specialties for purposes of this section; and

      `(2) designate the units that shall be treated as high priority units for purposes of this section.

    `(d) CERTAIN MEMBERS INELIGIBLE- A bonus may not be paid under subsection (a) to a member of the armed forces who--

      `(1) has completed more than 25 years of qualifying service under section 12732 of title 10; or

      `(2) will complete the member's twenty-fifth year of qualifying service under section 12732 of title 10 before the end of the period of service for which the bonus is being offered.

    `(e) MAXIMUM BONUS AMOUNT- A member may enter into an agreement under this section, or reenlist or voluntarily extend the member's enlistment, more than once to receive a bonus under this section. However, a member may not receive a total of more than $100,000 in payments under this section.

    `(f) PAYMENT METHODS- (1) A bonus under subsection (a) may be paid in a single lump sum or in installments.

    `(2) In the case of a member who agrees to train or retrain in a military skill or specialty designated as critical under subsection (b)(2), no payment may be made until the member successfully completes the training or retraining and is qualified in such skill or specialty.

    `(g) RELATIONSHIP TO OTHER INCENTIVES- A bonus paid to a member under subsection (a) is in addition to any other pay and allowances to which the member is entitled under any other provision of law.

    `(h) REPAYMENT FOR FAILURE TO COMMENCE OR COMPLETE OBLIGATED SERVICE- (1) An individual who, after receiving all or part of the bonus under an agreement, or a reenlistment or voluntary extension of enlistment, referred to in subsection (a), does not commence to serve in the Selected Reserve, or does not satisfactorily participate in the Selected Reserve for the total period of service specified in the agreement, or under such reenlistment or voluntary extension of enlistment, as applicable, shall repay to the United States such bonus, except under conditions established by the Secretary concerned.

    `(2) The Secretary concerned shall establish, in accordance with the regulations prescribed under subsection (i)--

      `(A) whether repayment of a bonus under paragraph (1) is required in whole or in part;

      `(B) the method for computing the amount of such repayment; and

      `(C) the conditions under which an exception to repayment otherwise required under that paragraph would apply.

    `(3) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of an agreement under subsection (a), or a reenlistment or voluntary extension of enlistment under subsection (a), does not discharge the individual signing the agreement, reenlisting, or voluntarily extending enlistment, as applicable, from a debt arising under paragraph (1).

    `(i) REGULATIONSction shall be administered under regulations prescribed by the Secretary of Defense.

    `(j) TERMINATION OF AUTHORITY- No bonus may be paid under this section with respect to any agreement, reenlistment, or voluntary extension of enlistment in the armed forces entered into after December 31, 2006.'.

      (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 308j the following new item:

      `308k. Special pay: retention incentive bonus for members of the Selected Reserve qualified in a critical military skill; assignment bonus for members of the Selected Reserve who volunteer for assignment to a high priority unit.'.

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

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

    (a) TERMINATION OF LIMITATION- Section 310(b) of title 37, United States Code, is amended by striking `not more than three additional months' and inserting `any month, or any portion of a month,'.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to months beginning on or after that date.

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

    Section 310 of title 37, United States Code, is amended--

      (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and

      (2) by inserting after subsection (a) the following new subsection:

    `(b) DATE OF COMMENCEMENT OF PAYMENT OF IMMINENT DANGER PAY- Payment of special pay under this section to a member covered by subsection (a)(2)(D) may be made from any date, as determined by the Secretary of Defense, on or after which such member was assigned to duty in a foreign area determined by the Secretary to be covered by such subsection.'.

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

    (a) AUTHORITY TO PAY- Section 316 of title 37, United States Code, is amended--

      (1) in subsection (a)--

        (A) by inserting `OR BONUS' after `SPECIAL PAY'; and

        (B) by inserting `or a bonus' after `monthly special pay';

      (2) in subsection (d)--

        (A) by redesignating paragraph (2) as paragraph (3); and

        (B) by inserting after paragraph (1) the following new paragraph (2):

    `(2) The amount of the bonus paid under subsection (a) may not exceed $12,000 for the one-year period covered by the certification of the member. The Secretary concerned may pay the bonus in a single lump sum at the beginning of the certification period or in installments during the certification period.'; and

      (3) in subsection (f)(1)(C), by inserting `or a bonus' after `special pay'.

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

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

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

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

    `(a) INCENTIVE BONUS AUTHORIZED- A bonus under this section may be paid to an eligible member of a regular component or reserve component of an armed force who executes a written agreement--

      `(1) to transfer from such regular component or reserve component to a regular component or reserve component of another armed force; and

      `(2) to serve pursuant to such agreement for a period of not less than three years in the component to which transferred.

    `(b) ELIGIBLE MEMBERS- A member is eligible to enter into an agreement under subsection (a) if, as of the date of the agreement, the member--

      `(1) has not failed to satisfactorily complete any term of enlistment in the armed forces;

      `(2) is eligible for reenlistment in the armed forces or, in the case of an officer, is eligible to continue in service in a regular or reserve component of the armed forces; and

      `(3) has fulfilled such requirements for transfer to the component of the armed force to which the member will transfer as the Secretary having jurisdiction over such armed force shall establish.

    `(c) LIMITATION- A member may enter into an agreement under subsection (a) to transfer to a regular component or reserve component of another armed force only if the Secretary having jurisdiction over such armed force determines that there is shortage of trained and qualified personnel in such component.

    `(d) AMOUNT AND PAYMENT OF BONUS- (1) A bonus under this section may not exceed $2,500.

    `(2) A bonus under this section shall be paid by the Secretary having jurisdiction of the armed force to which the member to be paid the bonus is transferring.

    `(3) A bonus under this section shall, at the election of the Secretary paying the bonus--

      `(A) be disbursed to the member in one lump sum when the transfer for which the bonus is paid is approved by the chief personnel officer of the armed force to which the member is transferring; or

      `(B) be paid to the member in annual installments in such amounts as may be determined by the Secretary paying the bonus.

    `(e) RELATIONSHIP TO OTHER PAY AND ALLOWANCES- A bonus paid to a member under this section is in addition to any other pay and allowances to which the member is entitled.

    `(f) REPAYMENT OF BONUS- (1) A member who is paid a bonus under an agreement under this section and who, voluntarily or because of misconduct, fails to serve for the period covered by such agreement shall refund to the United States an amount which bears the same ratio to the amount of the bonus paid such member as the period which such member failed to serve bears to the total period for which the bonus was paid.

    `(2) An obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States.

    `(3) A discharge in bankruptcy under title 11 that is entered less than 5 years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under paragraph (1).

    `(g) REGULATIONS- The Secretaries concerned shall prescribe regulations to carry out this section. Regulations prescribed by the Secretary of a military department under this subsection shall be subject to the approval of the Secretary of Defense.

    `(h) TERMINATION OF AUTHORITY- No agreement under this section may be entered into after December 31, 2006.'.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 5 of such title is amended by adding at the end the following new item:

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

SEC. 624. ELIGIBILITY OF ORAL AND MAXILLOFACIAL SURGEONS FOR INCENTIVE SPECIAL PAY FOR MEDICAL OFFICERS OF THE ARMED FORCES.

    (a) In General- For purposes of eligibility for incentive special pay payable under section 302(b) of title 37, United States Code, oral and maxillofacial surgeons shall be treated as medical officers of the Armed Forces who may be paid variable special pay under section 302(a)(2) of such title.

    (b) Effective Date- Subsection (a) shall take effect on October 1, 2005, and shall apply with respect to incentive special pay payable under section 302(b) of title 37, United States Code, on or after that date.

Subtitle C--Travel and Transportation Allowances

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

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

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

    `(a) ALLOWANCE FOR FAMILY MEMBERS AND CERTAIN OTHERS- (1) Under uniform regulations prescribed by the Secretaries concerned, travel and transportation described in subsection (d) may be provided for not more than 3 family members of a member described in subsection (b).

    `(2) In addition to the family members authorized to be provided travel and transportation under paragraph (1), the Secretary concerned may provide travel and transportation described in subsection (d) to an attendant to accompany a family member described in that paragraph if the Secretary determines that--

      `(A) the family member to be accompanied is unable to travel unattended because of age, physical condition, or other reason determined by the Secretary; and

      `(B) no other family member who is eligible for travel and transportation under paragraph (1) is able to serve as an attendant for the family member.

    `(3) If no family member of a member described in subsection (b) is able to travel to the repatriation site of the member, travel and transportation described in subsection (d) may be provided to not more than 2 persons related to and selected by the member.

    `(b) COVERED MEMBERS- A member described in this subsection is a member of the uniformed services who--

      `(1) is serving on active duty;

      `(2) was held captive, as determined by the Secretary concerned; and

      `(3) is repatriated to a site inside or outside the United States.

    `(c) ELIGIBLE FAMILY MEMBERS- In this section, the term `family member' has the meaning given the term in section 411h(b) of this title.

    `(d) TRAVEL AND TRANSPORTATION AUTHORIZED- (1) The transportation authorized by subsection (a) is round-trip transportation between the home of the family member (or home of the attendant or person provided transportation under paragraph (2) or (3) of subsection (a), as the case may be) and the location of the repatriation site at which the member is located.

    `(2) In addition to the transportation authorized by subsection (a), the Secretary concerned may provide a per diem allowance or reimbursement for the actual and necessary expenses of the travel, or a combination thereof, but not to exceed the rates established for such allowances and expenses under section 404(d) of this title.

    `(3) The transportation authorized by subsection (a) may be provided by any of the means described in section 411h(d)(1) of this title.

    `(4) An allowance under this subsection may be paid in advance.

    `(5) Reimbursement payable under this subsection may not exceed the cost of government-procured round-trip air travel.'.

    (2) The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 411i the following new item:

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

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

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

    `(a) ALLOWANCE FOR FAMILY MEMBERS AND CERTAIN OTHERS- (1) Under uniform regulations prescribed by the heads of agencies, travel and transportation described in subsection (d) may be provided for not more than 3 family members of an employee described in subsection (b).

    `(2) In addition to the family members authorized to be provided travel and transportation under paragraph (1), the head of an agency may provide travel and transportation described in subsection (d) to an attendant to accompany a family member described in subsection (b) if the head of an agency determines--

      `(A) the family member to be accompanied is unable to travel unattended because of age, physical condition, or other reason determined by the head of the agency; and

      `(B) no other family member who is eligible for travel and transportation under subsection (a) is able to serve as an attendant for the family member.

    `(3) If no family member of an employee described in subsection (b) is able to travel to the repatriation site of the employee, travel and transportation described in subsection (d) may be provided to not more than 2 persons related to and selected by the employee.

    `(b) COVERED EMPLOYEES- An employee described in this subsection is an employee (as defined in section 2105 of this title) who--

      `(1) was held captive, as determined by the head of an agency concerned; and

      `(2) is repatriated to a site inside or outside the United States.

    `(c) ELIGIBLE FAMILY MEMBERS- In this section, the term `family member' has the meaning given the term in section 411h(b) of title 37.

    `(d) TRAVEL AND TRANSPORTATION AUTHORIZED- (1) The transportation authorized by subsection (a) is round-trip transportation between the home of the family member (or home of the attendant or person provided transportation under paragraph (2) or (3) of subsection (a), as the case may be) and the location of the repatriation site at which the employee is located.

    `(2) In addition to the transportation authorized by subsection (a), the head of an agency may provide a per diem allowance or reimbursement for the actual and necessary expenses of the travel, or a combination thereof, but not to exceed the rates established for such allowances and expenses under section 404(d) of title 37.

    `(3) The transportation authorized by subsection (a) may be provided by any of the means described in section 411h(d)(1) of title 37.

    `(4) An allowance under this subsection may be paid in advance.

    `(5) Reimbursement payable under this subsection may not exceed the cost of government-procured round-trip air travel.'.

    (2) The table of sections at the beginning of chapter 57 of such title is amended by adding at the end the following new item:

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

    (a) AUTHORITY TO CONTINUE ALLOWANCE- Effective as of September 30, 2005, section 1026 of division A of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13), is amended by striking subsections (d) and (e).

    (b) CODIFICATION OF REPORTING REQUIREMENT- Section 411h of title 37, United States Code, is amended by adding at the end the following new subsection:

    `(e) If the amount of travel and transportation allowances provided in a fiscal year under clause (ii) of subsection (a)(2)(B) exceeds $20,000,000, the Secretary of Defense shall submit to Congress a report specifying the total amount of travel and transportation allowances provided under such clause in such fiscal year.'.

    (c) CONFORMING AMENDMENT- Subsection (a)(2)(B)(ii) of such section, as added by section 1026 of division A of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13), is amended by striking `under section 1967(c)(1)(A) of title 38'.

    (d) FUNDING- Funding shall be provided out of existing funds.

Subtitle D--Retired Pay and Survivor Benefits

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

    (a) INCREASED AMOUNT OF DEATH GRATUITY-

      (1) INCREASED AMOUNT- Section 1478(a) of title 10, United States Code, is amended by striking `$12,000' and inserting `$100,000'.

      (2) EFFECTIVE DATE- The amendment made by this subsection shall take effect on October 7, 2001, and shall apply with respect to deaths occurring on or after that date.

      (3) COORDINATION WITH OTHER ENHANCEMENTS- If the date of the enactment of this Act occurs before October 1, 2005--

        (A) effective as of such date of enactment, the amendments made to section 1478 of title 10, United States Code, by the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13) are repealed; and

        (B) effective immediately before the execution of the amendment made by paragraph (1), the provisions of section 1478 of title 10, United States Code, as in effect on the date before the date of the enactment of the Act referred to in subparagraph (A), shall be revived.

    (b) SERVICEMEMBERS' GROUP LIFE INSURANCE ENHANCEMENTS-

      (1) INCREASED MAXIMUM AMOUNT OF SGLI- Section 1967 of title 38, United States Code, is amended--

        (A) in subsection (a)(3)(A), by striking clause (i) and inserting the following new clause:

      `(i) In the case of a member--

        `(I) $400,000 or such lesser amount as the member may elect as provided in subparagraph (B);

        `(II) in the case of a member covered by subsection (e), the amount provided for or elected by the member under subclause (I) plus the additional amount of insurance provided for the member by subsection (e); or

        `(III) in the case of a member covered by subsection (e) who has made an election under paragraph (2)(A) not to be insured under this subchapter, the amount of insurance provided for the member by subsection (e).'; and

        (B) in subsection (d), by striking `$250,000' and inserting `$400,000'.

      (2) INCREMENTS OF DECREASED AMOUNTS ELECTABLE BY MEMBERS- Subsection (a)(3)(B) of such section is amended by striking `member or spouse' in the last sentence and inserting `member, be evenly divisible by $50,000 and, in the case of a member's spouse'.

      (3) ADDITIONAL AMOUNT FOR MEMBERS SERVING IN CERTAIN AREAS OR OPERATIONS-

        (A) INCREASED AMOUNT- Section 1967 of such title is further amended--

          (i) by redesignating subsection (e) as subsection (f); and

          (ii) by inserting after subsection (d) the following new subsection (e):

    `(e)(1) A member covered by this subsection is any member as follows:

      `(A) Any member who dies as a result of one or more wounds, injuries, or illnesses incurred while serving in an operation or area that the Secretary of Defense designates, in writing, as a combat operation or a zone of combat, respectively, for purposes of this subsection.

      `(B) Any member who formerly served in an operation or area so designated and whose death is determined (under regulations prescribed by the Secretary of Defense) to be the direct result of injury or illness incurred or aggravated while so serving.

    `(2) The additional amount of insurance under this subchapter that is provided for a member by this subsection is $150,000, except that in a case in which the amount provided for or elected by the member under subsection (a)(3)(A)(i)(I) exceeds $250,000, the additional amount of insurance under this subchapter that is provided for the member by this subsection shall be reduced to such amount as is necessary to comply with the limitation in paragraph (3).

    `(3) The total amount of insurance payable for a member under this subchapter may not exceed $400,000.

    `(4) While a member is serving in an operation or area designated as described in paragraph (1), the cost of insurance of the member under this subchapter that is attributable to $150,000 of insurance coverage shall, at the election of the Secretary concerned--

      `(A) be contributed as provided in section 1969(b)(2) of this title, rather through deduction or withholding from the member's pay; or

      `(B) if deducted or withheld from the member's pay, be reimbursed to the member through such mechanism as the Secretary concerned determines appropriate.'.

        (B) FUNDING- Section 1969(b) of such title is amended--

          (i) by inserting `(1)' after `(b)'; and

          (ii) by adding at the end the following new paragraph:

    `(2) For each month for which a member insured under this subchapter is serving in an operation or area designated as described by paragraph (1)(A) of section 1967(e) of this title, there may, at the election of the Secretary concerned under paragraph (4)(A) of such section, be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Secretary and certified to the Secretary concerned to be the cost of Servicemembers' Group Life Insurance which is traceable to the cost of providing insurance for the member under section 1967 of this title in the amount of $150,000.'.

      (4) CONFORMING AMENDMENT- Section 1967(a)(2)(A) of such title is amended by inserting before the period at the end the following: `, except with respect to insurance provided under paragraph (3)(A)(i)(III)'.

      (5) COORDINATION WITH VGLI- Section 1977(a) of such title is amended--

        (A) by striking `$250,000' each place it appears and inserting `$400,000'; and

        (B) by adding at the end of paragraph (1) the following new sentence: `Any additional amount of insurance provided a member under section 1967(e) of this title may not be treated as an amount for which Veterans' Group Life Insurance shall be issued under this section.'.

      (6) REQUIREMENTS REGARDING ELECTIONS OF MEMBERS TO REDUCE OR DECLINE INSURANCE- Section 1967(a) of such title is further amended--

        (A) in paragraph (2), by adding at the end the following new subparagraph:

    `(C) Pursuant to regulations prescribed by the Secretary of Defense, notice of an election of a member with a spouse not to be insured under this subchapter, or to be insured under this subchapter in an amount less than the maximum amount provided under paragraph (3)(A)(i)(I), shall be provided to the spouse of the member.'; and

        (B) in paragraph (3), by adding at the end the following new subparagraph:

    `(D) Whenever a member who is not married elects not to be insured under this subchapter, or to be insured under this subchapter in an amount less than the maximum amount provided for under subparagraph (A)(i)(I), the Secretary concerned shall provide a notice of such election to any person designated by the member as a beneficiary or designated as the member's next-of-kin for the purpose of emergency notification, as determined under regulations prescribed by the Secretary of Defense.'.

      (7) REQUIREMENT REGARDING REDESIGNATION OF BENEFICIARIES- Section 1970 of such title is amended by adding at the end the following new subsection:

    `(j) A member with a spouse may not modify the beneficiary or beneficiaries designated by the member under subsection (a) without providing written notice of such modification to the spouse.'.

      (8) EFFECTIVE DATE- This subsection and the amendments made by this subsection shall take effect on October 1, 2005, immediately after the termination of the amendments made to sections 1967, 1969, 1970, and 1977 of title 38, United States Code, by the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law 109-13).

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

    (a) Redesignation of Chief Operating Officer as Chief Executive Officer-

      (1) IN GENERAL- Section 1515 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 415) is amended--

        (A) by striking `Chief Operating Officer' each place it appears and inserting `Chief Executive Officer'; and

        (B) in subsection (e)(1), by striking `Chief Operating Officer's' and inserting `Chief Executive Officer's'.

      (2) CONFORMING AMENDMENTS- Such Act is further amended by striking `Chief Operating Officer' each place it appears in a provision as follows and inserting `Chief Executive Officer':

        (A) In section 1511 (24 U.S.C. 411).

        (B) In section 1512 (24 U.S.C. 412).

        (C) In section 1513(a) (24 U.S.C. 413(a)).

        (D) In section 1514(c)(1) (24 U.S.C. 414(c)(1)).

        (E) In section 1516(b) (24 U.S.C. 416(b)).

        (F) In section 1517 (24 U.S.C. 417).

        (G) In section 1518(c) (24 U.S.C. 418(c)).

        (H) In section 1519(c) (24 U.S.C. 419(c)).

        (I) In section 1521(a) (24 U.S.C. 421(a)).

        (J) In section 1522 (24 U.S.C. 422).

        (K) In section 1523(b) (24 U.S.C. 423(b)).

        (L) In section 1531 (24 U.S.C. 431).

      (3) CLERICAL AMENDMENTS- (A) The heading of section 1515 of such Act is amended to read as follows:

`SEC. 1515. CHIEF EXECUTIVE OFFICER.'.

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

`Sec. 1515 Chief Executive Officer.'.

      (4) REFERENCES- Any reference in any law, regulation, document, record, or other paper of the United States to the Chief Operating Officer of the Armed Forces Retirement Home shall be considered to be a reference to the Chief Executive Officer of the Armed Forces Retirement Home.

    (b) Physicians and Dentists for Each Retirement Home Facility- Section 1513 of such Act (24 U.S.C. 413) is amended--

      (1) in subsection (a), by striking `subsection (b)' and inserting `subsections (b), (c), and (d)'; and

      (2) by adding at the end the following new subsection:

    `(c) Physicians and Dentists for Each Retirement Home Facility- (1) In providing for the health care needs of residents under subsection (c), the Retirement Home shall have in attendance at each facility of the Retirement Home, during the daily business hours of such facility, a physician and a dentist, each of whom shall have skills and experience suited to residents of such facility.

    `(2) In providing for the health care needs of residents, the Retirement shall also have available to residents of each facility of the Retirement Home, on an on-call basis during hours other than the daily business hours of such facility, a physician and a dentist each of whom have skills and experience suited to residents of such facility.

    `(3) In this subsection, the term `daily business hours' means the hours between 9 o'clock ante meridian and 5 o'clock post meridian, local time, on each of Monday through Friday.'.

    (c) Transportation to Medical Care Outside Retirement Home Facilities- Section 1513 of such Act is further amended--

      (1) in the third sentence of subsection (b), by inserting `, except as provided in subsection (d),' after `shall not'; and

      (2) by adding at the end the following new subsection:

    `(d) Transportation to Medical Care Outside Retirement Home Facilities- The Retirement Home shall provide to any resident of a facility of the Retirement Home, upon request of such resident, transportation to any medical facility located not more than 30 miles from such facility for the provision of medical care to such resident. The Retirement Home may not collect a fee from a resident for transportation provided under this subsection.'.

    (d) Military Director for Each Retirement Home- Section 1517(b)(1) of such Act (24 U.S.C. 417(b)(1)) is amended by striking `a civilian with experience as a continuing care retirement community professional or'.

SEC. 643. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES BY DEPENDENCY AND INDEMNITY COMPENSATION.

    (a) Repeal- Subchapter II of chapter 73 of title 10, United States Code is amended--

      (1) in section 1450(c)(1), by inserting after `to whom section 1448 of this title applies' the following: `(except in the case of a death as described in subsection (d) or (f) of such section)'; and

      (2) in section 1451(c)--

        (A) by striking paragraph (2); and

        (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

    (b) Prohibition on Retroactive Benefits- No benefits may be paid to any person for any period before the effective date provided under subsection (e) by reason of the amendments made by subsection (a).

    (c) Prohibition on Recoupment of Certain Amounts Previously Refunded to SBP Recipients- A surviving spouse who is or has been in receipt of an annuity under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, that is in effect before the effective date provided under subsection (e) and that is adjusted by reason of the amendments made by subsection (a) and who has received a refund of retired pay under section 1450(e) of title 10, United States Code, shall not be required to repay such refund to the United States.

    (d) Reconsideration of Optional Annuity- Section 1448(d)(2) of title 10, United States Code, is amended by adding at the end the following new sentences: `The surviving spouse, however, may elect to terminate an annuity under this subparagraph in accordance with regulations prescribed by the Secretary concerned. Upon such an election, payment of an annuity to dependent children under this subparagraph shall terminate effective on the first day of the first month that begins after the date on which the Secretary concerned receives notice of the election, and, beginning on that day, an annuity shall be paid to the surviving spouse under paragraph (1) instead.'.

    (e) Effective Date- The amendments made by this section shall take effect on the later of--

      (1) the first day of the first month that begins after the date of the enactment of this Act; or

      (2) the first day of the fiscal year that begins in the calendar year in which this Act is enacted.

SEC. 644. EFFECTIVE DATE FOR PAID-UP COVERAGE UNDER SURVIVOR BENEFIT PLAN.

    Section 1452(j) of title 10, United States Code, is amended by striking `October 1, 2008' and inserting `October 1, 2005'.

SEC. 645. INCLUSION OF VETERANS WITH SERVICE-CONNECTED DISABILITIES RATED AS TOTAL BY REASON OF UNEMPLOYABILITY UNDER TERMINATION OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED PAY AND VETERANS' DISABILITY COMPENSATION.

    (a) INCLUSION OF VETERANS- Section 1414(a)(1) of title 10, United States Code, is amended by inserting `or a qualified retiree receiving veterans' disability compensation for a disability rated as total (within the meaning of subsection (e)(3)(B))' after `rated as 100 percent'.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on December 31, 2004.

    (c) Additional Death Gratuity- In the case of an active duty member of the armed forces who died between October 7, 2001, and May 11, 2005, and was not eligible for an additional death gratuity under section 1478(e)(3)(A) of title 10, United States Code (as added by section 1013(b) of Public Law 109-13), the eligible survivors of such decedent shall receive, in addition to the death gratuity available to such survivors under section 1478(a) of such title, an additional death gratuity of $150,000 under the same conditions as provided under section 1478(e)(4) of such title.

Subtitle E--Other Matters

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

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

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

    `(a) PAYMENT AUTHORIZED- Except as provided in subsection (b), the Secretary of Defense may pay for--

      `(1) expenses of members of the armed forces to obtain professional credentials, including expenses of professional accreditation, State-imposed and professional licenses, and professional certification; and

      `(2) examinations to obtain such credentials.

    `(b) EXCEPTION- The authority in subsection (a) may not be exercised on behalf of any member of the armed forces for expenses to obtain the basic qualifications for membership in a profession or officer community.

    `(c) FUNDS AVAILABLE- Funds appropriated or otherwise made available to the Secretary of Defense may be used to pay expenses under subsection (a).'.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

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

    (a) PILOT PROGRAM REQUIRED- During fiscal year 2006, the Secretary of the Army shall carry out within the Army a pilot program in order to assess the extent to which contributions by the military departments to the Thrift Savings Fund on behalf of members of the Armed Forces described in subsection (b) would--

      (1) assist the Armed Forces in recruiting efforts; and

      (2) assist such members in establishing habits of financial responsibility during their initial enlistments in the Armed Forces.

    (b) COVERED MEMBERS- A member of the Armed Forces described in this subsection is a member of the Armed Forces who is serving in the Armed Forces under an initial enlistment for a period of not less than two years.

    (c) CONTRIBUTIONS TO THRIFT SAVINGS FUND-

      (1) IN GENERAL- The Secretary of the Army may make contributions to the Thrift Savings Fund on behalf of any participant in the pilot program under subsection (a) for any pay period during the period of the pilot program.

      (2) LIMITATIONS- The amount of any contributions made with respect to a member under paragraph (1) shall be subject to the provisions of section 8432(c) of title 5, United States Code.

    (d) REPORT-

      (1) IN GENERAL- Not later than February 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot program under subsection (a).

      (2) ELEMENTS- The report shall include the following:

        (A) A description of the pilot program, including the number of members of the Army who participated in the pilot program and the contributions made by the Army to the Thrift Savings Fund on behalf of such members during the period of the pilot program.

        (B) An assessment, based on the pilot program and taking into account the views of officers and senior enlisted personnel of the Army, and of field recruiters, of the extent to which contributions by the military departments to the Thrift Savings Fund on behalf of members of the Armed Forces similar to the participants in the pilot program--

          (i) would enhance the recruiting efforts of the Armed Forces; and

          (ii) would assist such members in establishing habits of financial responsibility during their initial enlistments in the Armed Forces.

SEC. 653. EXTENSION OF EFFECTIVE DATE.

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

SEC. 654. OUTREACH TO MEMBERS OF THE ARMED FORCES AND THEIR DEPENDENTS ON THE SERVICEMEMBERS CIVIL RELIEF ACT.

    (a) OUTREACH TO MEMBERS OF THE ARMED FORCES-

      (1) IN GENERAL- 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 servicemembers and their dependents under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.).

      (2) TIME OF PROVISION- Information shall be provided to a member of the Armed Forces under paragraph (1) at times as follows:

        (A) During initial orientation training.

        (B) In the case of a member of a reserve component of the Armed Forces, during initial orientation training and when the member is mobilized or otherwise individually called or ordered to active duty for a period of more than one year.

        (C) At such other times as the Secretary concerned considers appropriate.

    (b) OUTREACH TO DEPENDENTS- The Secretary concerned may provide to the adult dependents of members of the Armed Forces under the jurisdiction of the Secretary pertinent information on the rights and protections available to servicemembers and their dependents under the Servicemembers Civil Relief Act.

    (c) 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).

Subtitle F--Enhancement of Authorities for Recruitment and Retention

SEC. 671. INCREASE IN MAXIMUM RATE OF ASSIGNMENT INCENTIVE PAY.

    (a) INCREASE IN MAXIMUM RATE- Section 307a(c) of title 37, United States Code, is amended by striking `$1,500' and inserting `$3,000'.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to months beginning on or after that date.

SEC. 672. TEMPORARY INCREASE IN BASIC ALLOWANCE FOR HOUSING IN AREAS SUBJECT TO DECLARATION OF A MAJOR DISASTER.

    (a) TEMPORARY INCREASE AUTHORIZED- Section 403(b) of title 37, United States Code, is amended--

      (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and

      (2) by inserting after paragraph (4) the following new paragraph (5):

    `(5)(A) The Secretary of Defense may prescribe a temporary increase in rates of basic allowance for housing in a military housing area located in an area for which a major disaster has been declared in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).

    `(B) The amount of the increase under this paragraph in rates of basic allowance for housing in an area by reason of a disaster shall be based 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.

    `(C) The amount of any increase under this paragraph in a rate of basic allowance for housing may not exceed the amount equal to 20 percent of such rate of basic allowance for housing.

    `(D) A member may be paid a basic allowance for housing at a rate increased under this paragraph by reason of a disaster only if the member certifies to the Secretary concerned that the member has incurred increased housing costs in the area concerned by reason of the disaster.

    `(E) An increase in rates of basic allowance for housing in an area under this paragraph shall remain in effect until the effective date of the first adjustment in rates of basic allowance for housing made for the area pursuant to a redetermination of housing costs in the area under paragraph (4) that occurs after the date of the increase under this paragraph.'.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect on September 1, 2005, and shall apply with respect to months beginning on or after that date.

SEC. 673. TEMPORARY AUTHORITY FOR INCENTIVES FOR RECRUITMENT OF MILITARY PERSONNEL.

    (a) AUTHORITY TO PROVIDE INCENTIVES- The Secretary of Defense may, in consultation with the Director of the Office of Management and Budget, develop and provide incentives (in addition to any other incentives authorized by law) for the recruitment of individuals as officers and enlisted members of the Armed Forces.

    (b) CONSTRUCTION WITH OTHER PERSONNEL AUTHORITIES-

      (1) IN GENERAL- Incentives may be provided under subsection (a)--

        (A) without regard to the lack of specific authority for such incentives under title 10, United States Code, or title 37, United States Code; and

        (B) notwithstanding any provision of title 10, United States Code, or title 37, United States Code, or any rule or regulation prescribed under such provision, relating to methods of--

          (i) determining requirements for, and the compensation of, members of the Armed Forces who are assigned duty as military recruiters; or

          (ii) providing incentives to individuals to accept commissions or enlist in the Armed Forces, including the provision of group or individual bonuses, pay, or other incentives.

      (2) WAIVER OF OTHERWISE APPLICABLE LAWS- No provision of title 10, United States Code, or title 37, United States Code, may be waived with respect to, or otherwise determined to be inapplicable to, the provision of incentives under subsection (a) except with the approval of the Secretary.

    (c) PLANS-

      (1) DEVELOPMENT OF PLANS- Before providing an incentive under subsection (a), or entering into any agreement or contract with respect to the provision of such incentive, the Secretary shall develop a plan that includes--

        (A) a description of such incentive, including the purpose of such project and the members (or potential recruits) of the Armed Forces to be addressed by such incentive;

        (B) a statement of the anticipated outcomes of such incentive; and

        (C) the method of evaluating the effectiveness of such incentive.

      (2) SUBMITTAL OF PLANS- Not later than 30 days before the provision of an incentive under subsection (a), the Secretary shall submit a copy of the plan developed under paragraph (1) on such incentive--

        (A) to the elements of the Department of Defense to be affected by the provision of such incentive; and

        (B) to Congress.

    (d) LIMITATIONS-

      (1) NUMBER OF INDIVIDUALS- The number of individuals provided incentives under subsection (a) may not exceed the number of individuals equal to 20 percent of the accession mission of the Armed Force concerned for the fiscal year in which such incentives are first provided.

      (2) DURATION OF PROVISION- The provision of incentives under subsection (a) shall terminate not later than the end of the three-year period beginning on the date on which the provision of such incentives commences (except that such incentives may continue to be provided beyond the date otherwise provided in this paragraph to the extent necessary to evaluate the effectiveness of such incentives).

    (e) REPORTS-

      (1) IN GENERAL- The Secretary shall submit to Congress on an annual basis a report on the incentives provided under subsection (a) during the preceding year.

      (2) ELEMENTS- Each report under this subsection shall include--

        (A) a description of the incentives provided under subsection (a) during the fiscal year covered by such report; and

        (B) an assessment of the impact of such incentives on the recruitment of individuals as officers or enlisted members of the Armed Forces.

SEC. 674. PAY AND BENEFITS TO FACILITATE VOLUNTARY SEPARATION OF TARGETED MEMBERS OF THE ARMED FORCES.

    (a) PAY AND BENEFITS AUTHORIZED-

      (1) IN GENERAL- Chapter 59 of title 10, United States Code, is amended by inserting after section 1175 the following new section:

`Sec. 1175a. Voluntary separation pay and benefits

    `(a) IN GENERAL- Under regulations approved by the Secretary of Defense, the Secretary concerned may provide voluntary separation pay and benefits in accordance with this section to eligible members of the armed forces who are voluntarily separated from active duty in the armed forces.

    `(b) ELIGIBLE MEMBERS- (1) Except as provided in paragraph (2), a member of the armed forces is eligible for voluntary separation pay and benefits under this section if the member--

      `(A) has served on active duty for more than 6 years but not more than 20 years;

      `(B) has served at least 5 years of continuous active duty immediately preceding the date of the member's separation from active duty;

      `(C) has not been approved for payment of a voluntary separation incentive under section 1175 of this title;

      `(D) meets such other requirements as the Secretary concerned may prescribe, which may include requirements relating to--

        `(i) years of service, skill, rating, military specialty, or competitive category;

        `(ii) grade or rank;

        `(iii) remaining period of obligated service; or

        `(iv) any combination of these factors; and

      `(E) requests separation from active duty.

    `(2) The following members are not eligible for voluntary separation pay and benefits under this section:

      `(A) Members discharged with disability severance pay under section 1212 of this title.

      `(B) Members transferred to the temporary disability retired list under section 1202 or 1205 of this title.

      `(C) Members being evaluated for disability retirement under chapter 61 of this title.

      `(D) Members who have been previously discharged with voluntary separation pay.

      `(E) Members who are subject to pending disciplinary action or who are subject to administrative separation or mandatory discharge under any other provision of law or regulations.

    `(3) The Secretary concerned shall determine each year the number of members to be separated, and provided separation pay and benefits, under this section during the fiscal year beginning in such year.

    `(c) SEPARATION- Each eligible member of the armed forces whose request for separation from active duty under subsection (b)(1)(E) is approved shall be separated from active duty.

    `(d) ADDITIONAL SERVICE IN READY RESERVE- Of the number of members of the armed forces to be separated from active duty in a fiscal year, as determined under subsection (b)(3), the Secretary concerned shall determine a number of such members, in such skill and grade combinations as the Secretary concerned shall designate, who shall serve in the Ready Reserve, after separation from active duty, for a period of not less than three years, as a condition of the receipt of voluntary separation pay and benefits under this section.

    `(e) SEPARATION PAY AND BENEFITS- (1) A member of the armed forces who is separated from active duty under subsection (c) shall be paid voluntary separation pay in accordance with subsection (g) in an amount determined by the Secretary concerned pursuant to subsection (f).

    `(2) A member who is not entitled to retired or retainer pay upon separation shall be entitled to the benefits and services provided under--

      `(A) chapter 58 of this title during the 180-day period beginning on the date the member is separated (notwithstanding any termination date for such benefits and services otherwise applicable under the provisions of such chapter); and

      `(B) sections 404 and 406 of title 37.

    `(f) COMPUTATION OF VOLUNTARY SEPARATION PAY- The Secretary concerned shall specify the amount of voluntary separation pay that an individual or defined group of members of the armed forces may be paid under subsection (e)(1). No member may receive as voluntary separation pay an amount greater than three times the full amount of separation pay for a member of the same pay grade and years of service who is involuntarily separated under section 1174 of 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.

    `(B) No deduction shall be made from the disability compensation paid to an eligible disabled uniformed services retiree under section 1413, or to an eligible combat-related disabled uniformed services retiree under section 1413a of this title, who is paid voluntary separation pay under this section.

    `(C) No deduction may be made from the disability compensation paid to a member for the amount of voluntary separation pay received by the member because of an earlier discharge or release from a period of active duty if the disability which is the basis for that disability compensation was incurred or aggravated during a later period of active duty.

    `(3) The requirement under this subsection to repay voluntary separation pay following retirement from the armed forces does not apply to a member who was eligible to retire at the time the member applied and was accepted for voluntary separation pay and benefits under this section.

    `(4) The Secretary concerned may waive the requirement to repay voluntary separation pay under paragraphs (1) and (2) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States.

    `(i) RETIREMENT DEFINED- In this section, the term `retirement' includes a transfer to the Fleet Reserve or Fleet Marine Corps Reserve.

    `(j) REPAYMENT FOR MEMBERS WHO RETURN TO ACTIVE DUTY- (1) Except as provided in paragraphs (2) and (3), a member of the armed forces who, after having received all or part of voluntary separation pay under this section, returns to active duty shall have deducted from each payment of basic pay, in such schedule of monthly installments as the Secretary concerned shall specify, until the total amount deducted from such basic pay equals the total amount of voluntary separation pay received.

    `(2) Members who are involuntarily recalled to active duty or full-time National Guard duty in accordance with section 12301(a), 12301(b), 12301(g), 12302, 12303, or 12304 of this title or section 502(f)(1) of title 32 shall not be subject to this subsection.

    `(3) Members who are recalled or perform active duty or full-time National Guard duty in accordance with section 101(d)(1), 101(d)(2), 101(d)(5), 12301(d) (insofar as the period served is less than 180 consecutive days with the consent of the member), 12319, or 12503 of title 10, or section 114, 115, or 502(f)(2) of title 32 (insofar as the period served is less than 180 consecutive days with consent of the member), shall not be subject to this subsection.

    `(4) The Secretary of Defense may waive, in whole or in part, repayment required under paragraph (1) if the Secretary determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United States. The authority in this paragraph may be delegated only to the Undersecretary of Defense for Personnel and Readiness and the Principal Deputy Undersecretary of Defense for Personnel and Readiness.

    `(k) TERMINATION OF AUTHORITY- (1) The authority to separate a member of the armed forces from active duty under subsection (c) shall terminate on December 31, 2008.

    `(2) A member who separates by the date specified in paragraph (1) may continue to be provided voluntary separation pay and benefits under this section until the member has received the entire amount of pay and benefits to which the member is entitled under this section.'.

      (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 59 of such title is amended by inserting after the item relating to section 1175 the following new item:

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

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

    (c) OFFICER SELECTIVE EARLY RETIREMENT- Section 638a(a) of title 10, United States Code, is amended by adding at the end the following new sentence: `During the period beginning on October 1, 2005, and ending on December 31, 2011, the Secretary of Defense may also authorize the Secretary of the Navy and the Secretary of the Air Force to take any of the actions set forth in such subsection with respect to officers of the armed forces under the jurisdiction of such Secretary.'.

SEC. 675. EDUCATION LOAN REPAYMENT PROGRAM FOR CHAPLAINS IN THE SELECTED RESERVE.

    (a) In General- Chapter 1609 of title 10, United States Code, is amended by adding at the end the following new section:

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

    `(a) Authority To Repay Education Loans- Under regulations prescribed by the Secretary of Defense and subject to the provisions of this section, the Secretary concerned may, for purposes of maintaining adequate numbers of chaplains in the Selected Reserve, repay a loan that--

      `(1) was used by a person described in subsection (b) to finance education resulting in a Masters of Divinity degree; and

      `(2) was obtained from an accredited theological seminary as listed in the Association of Theological Schools (ATS) handbook.

    `(b) Eligible Persons- (1) Except as provided in paragraph (2), a person described in this subsection is a person who--

      `(A) satisfies the requirements specified in subsection (c);

      `(B) holds, or is fully qualified for, an appointment as a chaplain in a reserve component of an armed force; and

      `(C) signs a written agreement to serve not less than three years in the Selected Reserve.

    `(2) A person accessioned into the Chaplain Candidate Program is not eligible for the repayment of loans under subsection (a).

    `(c) Academic and Professional Requirements- The requirements specified in this subsection are such requirements for accessioning and commissioning of chaplains as are prescribed by the Secretary concerned in regulations.

    `(d) Loan Repayment- (1) Subject to paragraph (2), the repayment of a loan under this section may consist of payment of the principal, interest, and related expenses of such loan.

    `(2) The amount of any repayment of a loan made under this section 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 (b)(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 such agreement. The balance of such amount shall be payable at such time or times as are prescribed by the Secretary concerned in regulations.

    `(e) Effect of Failure To Complete Obligation- A person on behalf of whom repayment of a loan is made under this section who fails, during the period of obligated service the person agrees to serve in an agreement described in subsection (b)(3), to serve satisfactorily in the Selected Reserve may, at the election of the Secretary concerned, be required to pay the United States an amount equal to any amount of repayments made on behalf of the person in connection with the agreement.'.

    (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. Education loan repayment program: chaplains serving in the Selected Reserve.'.

SEC. 676. SERVICEMEMBERS RIGHTS UNDER THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968.

    (a) In General- 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' and inserting a semicolon;

      (2) in subclause (III), by striking the period and inserting `; and'; and

      (3) by adding at the end the following:

            `(IV) notify the homeowner by a statement or notice, written in plain English by the Secretary of Housing and Urban Development, in consultation with the Secretary of Defense and the Secretary of the Treasury, explaining the mortgage and foreclosure rights of servicemembers, and the dependents of such servicemembers, under the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.), including the toll-free military one source number to call if servicemembers, or the dependents of such servicemembers, require further assistance.'.

    (b) No Effect on Other Laws- Nothing in this section shall relieve any person of any obligation imposed by any other Federal, State, or local law.

    (c) Disclosure Form- Not later than 150 days after the date of enactment of this Act, the Secretary of Housing and Urban Development shall issue a final disclosure form to fulfill the requirement of section 106(c)(5)(A)(ii)(IV) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(c)(5)(A)(ii)).

    (d) Effective Date- The amendments made under subsection (a) shall take effect 150 days after the date of enactment of this Act.

SEC. 677. 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 `(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. 678. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE.

    (a) Prohibition Against Interment in National Cemetery- Section 2411 of title 38, United States Code, is amended--

      (1) in subsection (b)--

        (A) by amending paragraph (1) to read as follows:

      `(1) A person whose conviction of a Federal capital crime is final.'; and

        (B) by amending paragraph (2) to read as follows:

      `(2) A person whose conviction of a State capital crime is final.'; and

      (2) in subsection (d)--

        (A) in paragraph (1), by striking `the death penalty or life imprisonment' and inserting `a life sentence or the death penalty'; and

        (B) in paragraph (2), by striking `the death penalty or life imprisonment without parole may be imposed' and inserting `a life sentence or the death penalty may be imposed'.

    (b) Denial of Certain Burial-Related Benefits- Section 985 of title 10, United States Code, is amended--

      (1) in subsection (a), by striking `who has been convicted of a capital offense under Federal or State law for which the person was sentenced to death or life imprisonment without parole.' and inserting `described in section 2411(b) of title 38.';

      (2) in subsection (b), by striking `convicted of a capital offense under Federal law' and inserting `described in section 2411(b) of title 38'; and

      (3) by amending subsection (c) to read as follows:

    `(c) Definition- In this section, the term `burial' includes inurnment.'.

    (c) Denial of Funeral Honors- Section 1491(h) of title 10, United States Code, is amended--

      (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;

      (2) by striking ` means a decedent who--' and inserting the following: `--

      `(1) means a decedent who--';

      (3) in subparagraph (B), as redesignated, by striking the period at the end and inserting `; and'; and

      (4) by adding at the end the following:

      `(2) does not include any person described in section 2411(b) of title 38.'.

    (d) Rulemaking-

      (1) 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 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 described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment or honors under Federal law.

      (2) 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 described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment under Federal law.

    (e) Savings Provision- The amendments made by subsections (a), (b), and (c) shall not apply to any person whose sentence for a Federal capital crime or a State capital crime (as such terms are defined in section 2411(d) of title 38, United States Code) was commuted by the President or the Governor of a State.

SEC. 679. VETERANS PREFERENCE ELIGIBILITY FOR MILITARY RESERVISTS.

    (a) Short Title- This section may be cited as the `Reservist Access to Veterans Preference Act'.

    (b) 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'.

    (c) Savings Provision- Nothing in the amendment made by subsection (b) may be construed to affect a determination made before the date of enactment of this Act that an individual is preference eligible (as defined in section 2108(3) of title 5, United States Code).

TITLE VII--HEALTH CARE

Subtitle A--Benefits Matters

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

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

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

    Section 1074g(a)(6) of title 10, United States Code, is amended by adding at the end the following new subparagraph:

    `(C) In the case of a beneficiary who is a resident of a nursing home and who is required, by State law, to use nursing home pharmacy services utilizing pre-packaged pharmaceuticals, any deductible or copayment requirements for such pharmaceuticals under the cost sharing requirements may not exceed such deductible or copayment requirements as are applicable under the cost sharing requirements to a beneficiary who uses a network provider pharmacy under the pharmacy benefits program.'.

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

    Section 1076a(k)(2) of title 10, United States Code, is amended--

      (1) by striking `under subsection (f), or' and inserting `under subsection (f),'; and

      (2) by inserting after `is not enrolled because the dependent is a child under the minimum age for enrollment,' the following: `or is not enrolled because the dependent is a spouse who did not qualify for enrollment on the date of the member's death because the spouse was also on active duty for a period of more than 30 days on the date of the member's death,'.

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

    (a) PERIOD OF ELIGIBILITY- Section 1079(g) of title 10, United States Code, is amended--

      (1) by inserting `(1)' after `(g)';

      (2) by striking the second sentence; and

      (3) by adding at the end the following new paragraph:

    `(2) In addition to any continuation of eligibility for benefits under paragraph (1), when a member dies while on active duty for a period of more than 30 days, the member's dependents who are receiving benefits under a plan covered by subsection (a) shall continue to be eligible for benefits under TRICARE Prime during the three-year period beginning on the date of the member's death, except that, in the case of such a dependent of the deceased who is described by subparagraph (D) or (I) of section 1072(2) of this title, the period of continued eligibility shall be the longer of the following periods beginning on such date:

      `(A) Three years.

      `(B) The period ending on the date on which such dependent attains 21 years of age.

      `(C) In the case of such a dependent who, at 21 years of age, is enrolled in a full-time course of study in a secondary school or in a full-time course of study in an institution of higher education approved by the administering Secretary and was, at the time of the member's death, in fact dependent on the member for over one-half of such dependent's support, the period ending on the earlier of the following dates:

        `(i) The date on which such dependent ceases to pursue such a course of study, as determined by the administering Secretary.

        `(ii) The date on which such dependent attains 23 years of age.

    `(3) For the purposes of paragraph (2)(C), a dependent shall be treated as being enrolled in a full-time course of study in an institution of higher education during any reasonable period of transition between the dependent's completion of a full-time course of study in a secondary school and the commencement of an enrollment in a full-time course of study in an institution of higher education, as determined by the administering Secretary.

    `(4) The terms and conditions under which health benefits are provided under this chapter to a dependent of a deceased member under paragraph (2) shall be the same as those that would apply to the dependent under this chapter if the member were living and serving on active duty for a period of more than 30 days.

    `(5) In this subsection, the term `TRICARE Prime' means the managed care option of the TRICARE program.'.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect on October 7, 2001, and shall apply with respect to deaths occurring on or after that date.

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

    (a) GENERAL ELIGIBILITY- Subsection (a) of section 1076d of title 10, United States Code, is amended--

      (1) by striking `(a) ELIGIBILITY- A member' and inserting `(a) ELIGIBILITY- (1) Except as provided in paragraph (2), a member';

      (2) by striking `after the member completes' and all that follows through `one or more whole years following such date'; and

      (3) by adding at the end the following new paragraph:

    `(2) Paragraph (1) does not apply to a member who is enrolled, or is eligible to enroll, in a health benefits plan under chapter 89 of title 5.'.

    (b) CONDITION FOR TERMINATION OF ELIGIBILITY- Subsection (b) of such section is amended by striking `(b) PERIOD OF COVERAGE- (1) TRICARE Standard' and all that follows through `(3) Eligibility' and inserting `(b) TERMINATION OF ELIGIBILITY UPON TERMINATION OF SERVICE- Eligibility'.

    (c) CONFORMING AMENDMENTS-

      (1) Such section is further amended--

        (A) by striking subsection (e); and

        (B) by redesignating subsection (g) as subsection (e) and transferring such subsection within such section so as to appear following subsection (d).

      (2) The heading for such section is amended to read as follows:

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

    (d) REPEAL OF OBSOLETE PROVISION- Section 1076b of title 10, United States Code, is repealed.

    (e) CLERICAL AMENDMENTS- The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended--

      (1) by striking the item relating to section 1076b; and

      (2) by striking the item relating to section 1076d and inserting the following:

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

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

Subtitle B--Planning, Programming, and Management

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

    (a) COORDINATOR IN EACH REGIONAL OFFICE-

      (1) IN GENERAL- In each TRICARE Regional Office there shall be a position the responsibilities of which shall be the monitoring, oversight, and improvement of the TRICARE Standard option in the TRICARE region concerned.

      (2) DESIGNATION- The position under paragraph (1) in a TRICARE Regional Office shall be filled by an individual in such Regional Office designated for that purpose.

    (b) DUTIES OF POSITION-

      (1) IN GENERAL- The specific duties of the positions required under subsection (a) shall be as set forth in regulations prescribed by the Secretary of Defense, in consultation with the other administering Secretaries.

      (2) ELEMENTS- The duties shall include--

        (A) identifying health care providers who will participate in the TRICARE program and provide the TRICARE Standard option under that program;

        (B) communicating with beneficiaries who receive the TRICARE Standard option;

        (C) outreach to community health care providers to encourage their participation in the TRICARE program; and

        (D) publication of information that identifies health care providers in the TRICARE region concerned who provide the TRICARE Standard option.

    (c) REPORT- Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report setting forth the plans to implement the requirements of the section.

    (d) DEFINITIONS- In this section:

      (1) The terms `administering Secretaries' and `TRICARE program' have the meaning given such terms in section 1072 of title 10, United States Code.

      (2) The term `TRICARE Standard' means the Civilian Health and Medical Program of the Uniformed Services option under the TRICARE program.

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

    (a) REPORT REQUIRED- Not later than February 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a report on the delivery of health care benefits through the military health care system.

    (b) ELEMENTS- The report under subsection (a) shall include the following:

      (1) An analysis of the organization and costs of delivering health care benefits to current and retired members of the Armed Forces and their families.

      (2) An analysis of the costs of ensuring medical readiness throughout the Armed Forces in support of national security objectives.

      (3) An assessment of the role of health benefits in the recruitment and retention of members of the Armed Forces, whether in the regular components or the reserve components of the Armed Forces.

      (4) An assessment of the experience of the military departments during fiscal years 2003, 2004, and 2005 in recruitment and retention of military and civilian medical and dental personnel, whether in the regular components or the reserve components of the Armed Forces, in light of military and civilian medical manpower requirements.

      (5) A description of requirements for graduate medical education for military medical care providers and options for meeting such requirements, including civilian medical training programs.

    (c) RECOMMENDATIONS- In addition to the matters specified in subsection (b), the report under subsection (a) shall also include such recommendations for legislative or administrative action as the Secretary considers necessary to improve efficiency and quality in the provision of health care benefits through the military health care system, including recommendations on--

      (1) the organization and delivery of health care benefits;

      (2) mechanisms required to measure costs more accurately;

      (3) mechanisms required to measure quality of care, and access to care, more accurately;

      (4) Department of Defense participation in the Medicare Advantage Program, formerly Medicare plus Choice;

      (5) the use of flexible spending accounts and health savings accounts for military retirees under the age of 65;

      (6) incentives for eligible beneficiaries of the military health care system to retain private employer-provided health care insurance;

      (7) means of improving integrated systems of disease management, including chronic illness management;

      (8) means of improving the safety and efficiency of pharmacy benefits management;

      (9) the management of enrollment options for categories of eligible beneficiaries in the military health care system;

      (10) reform of the provider payment system, including the potential for use of a pay-for-performance system in order to reward quality and efficiency in the TRICARE System;

      (11) means of improving efficiency in the administration of the TRICARE program, to include the reduction of headquarters and redundant management layers, and maximizing efficiency in the claims processing system;

      (12) other improvements in the efficiency of the military health care system; and

      (13) any other matters the Secretary considers appropriate to improve the efficiency and quality of military health care benefits.

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

    (a) STUDY- The Comptroller General of the United States shall conduct a study of the effectiveness of the current system of differential payments to children's hospitals for health care services for severely ill dependent children of members of the uniformed services under the TRICARE program in achieving the objective of securing adequate health care services for such dependent children under that program.

    (b) ELEMENTS OF STUDY- The study required by subsection (a) shall include the following:

      (1) A description of the current participation of children's hospitals in the TRICARE program.

      (2) An assessment of the current system of differential payments to children's hospitals for health care services described in that subsection, including an assessment of--

        (A) the extent to which the calculation of such differential payments takes into account the complexity and extraordinary resources required for the provision of such health care services;

        (B) the extent to which such differential payments provide appropriate compensation to such hospitals for the provision of such services; and

        (C) any obstacles or challenges to the development of future modifications to the system of differential payments.

      (3) An assessment of the adequacy of the access of dependent children described in that subsection to specialized hospital services for their illnesses under the TRICARE program.

    (c) REPORTS- Not later than May 1, 2006, the Comptroller General shall submit to the Secretary of Defense and the congressional defense committees a report on the study required by subsection (a), together with such recommendations, if any, as the Comptroller General considers appropriate for modifications of the current system of differential payments to children's hospitals in order to achieve the objective described in that subsection.

    (d) TRANSMITTAL TO CONGRESS-

      (1) IN GENERAL- Not later than November 1, 2006, the Secretary of Defense shall transmit to the congressional defense committees the report submitted by the Comptroller General to the Secretary under subsection (c).

      (2) IMPLEMENTATION OF MODIFICATIONS- If the report under paragraph (1) includes recommendations of the Comptroller General for modifications of the current system of differential payments to children's hospitals, the Secretary shall transmit with the report--

        (A) a proposal for such legislative or administration action as may be required to implement such modifications; and

        (B) an assessment and estimate of the costs associated with the implementation of such modifications.

    (e) DEFINITIONS- In this section:

      (1) DIFFERENTIAL PAYMENTS TO CHILDREN'S HOSPITALS- The term `differential payments to children's hospitals' means the additional amounts paid to children's hospitals under the TRICARE program for health care procedures for severely ill children in order to take into account the additional costs associated with such procedures for such children when compared with the costs associated with such procedures for adults and other children.

      (2) TRICARE PROGRAM- The term `TRICARE program' has the meaning given that term in section 1072(7) of title 10, United States Code.

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

    (a) JOINT INCENTIVES PROGRAM- Section 8111(d) of title 38, United States Code, is amended--

      (1) by striking paragraph (3); and

      (2) by redesignating paragraph (4) as paragraph (3).

    (b) HEALTH CARE RESOURCES SHARING AND COORDINATION PROJECT- Section 722 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2595; 38 U.S.C. 8111 note) is amended--

      (1) by striking subsection (h);

      (2) by redesignating subsection (i) as subsection (h); and

      (3) in paragraph (2) of subsection (h), as so redesignated, by striking `based on recommendations' and all that follows and inserting `as determined by the Secretaries based on information available to the Secretaries to warrant such action.'.

SEC. 715. SURVEYS ON TRICARE STANDARD.

    Section 723(a) of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1532; 10 U.S.C. 1073 note) is amended by adding at the end the following new paragraph:

    `(4) The surveys required by paragraph (1) shall include questions designed to determine from health care providers participating in such surveys whether such providers are aware of the TRICARE program, what percentage of the current patient population of such providers receive any benefit option under the TRICARE program, and whether such providers accept patients under the medicare program or new patients under the medicare program.'.

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

    Section 723(e) of the National Defense Authorization Act for Fiscal Year 2000 (10 U.S.C. 1071 note) is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

      `(1) Quality measures, including structure, process, and outcomes concerning--

        `(A) patient safety;

        `(B) timeliness and accessibility of care;

        `(C) patient satisfaction; and

        `(D) the use of evidence-based practices.

      `(2) Population health.

      `(3) Biosurveillance.'.

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

    (a) REPEAL OF REQUIREMENT TO LOCATE DEPARTMENT OF DEFENSE PATIENT SAFETY CENTER WITHIN ARMED FORCES INSTITUTE OF PATHOLOGY- Subsection (c)(3) of section 754 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into lay by Public Law 106-398; 114 Stat. 1654A-196) is amended by striking `within the Armed Forces Institute of Pathology'.

    (b) RENAMING OF MEDTEAMS PROGRAM- The caption of subsection (d) of such section is amended by striking `MEDTEAMS' and inserting `MEDICAL TEAM TRAINING'.

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

    (a) QUALIFICATIONS- Effective as of the date of the enactment of this Act, no individual may serve in the position of Regional Director under the TRICARE program unless the individual--

      (1) is--

        (A) an officer of the Armed Forces in a general or flag officer grade; or

        (B) a civilian employee of the Department of Defense in the Senior Executive Service; and

      (2) has at least 10 years of experience, or equivalent expertise or training, in the military health care system, managed care, and health care policy and administration.

    (b) TRICARE PROGRAM DEFINED- In this section, the term `TRICARE program' has the meaning given such term in section 1072(7) of title 10, United States Code.

SEC. 719. REPORT ON THE DEPARTMENT OF DEFENSE COMPOSITE HEALTH CARE SYSTEM II.

    (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 Composite Health Care System II (CHCS II).

    (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 Composite Health Care System II.

      (3) A statement of the amounts obligated and expended as of the date of the report on the development of a system for the two-way exchange of data between the Department of Defense and the Department of Veterans Affairs, including the Composite Health Care System II.

      (4) An estimate of the amounts that will be required for the completion of the Composite Health Care System II.

      (5) A description of the software and hardware being considered as of the date of the report for use in the Composite Health Care System II.

      (6) A description of the management structure used in the development of the Composite Health Care System II.

      (7) A description of the accountability measures utilized during the development of the Composite Health Care System II in order to evaluate progress made in the development of that System.

      (8) The schedule for the remaining development of the Composite Health Care System II.

    (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.

SEC. 720. RESPONSE TO MEDICAL NEEDS ARISING FROM MANDATORY MILITARY VACCINATIONS.

    (a) In General- The Secretary of Defense shall maintain a joint military medical center of excellence focusing on the medical needs arising from mandatory military vaccinations.

    (b) Elements- The joint military medical center of excellence under subsection (a) shall consist of the following:

      (1) The Vaccine Health Care Centers of the Department of Defense, which shall be the principle elements of the center.

      (2) Any other elements that the Secretary considers appropriate.

    (c) Authorized Activities- In acting as the principle elements of the joint military medical center under subsection (a), the Vaccine Health Care Centers referred to in subsection (b)(1) may carry out the following:

      (1) Medical assistance and care to individuals receiving mandatory military vaccines and their dependents, including long-term case management for adverse events where necessary.

      (2) Evaluations to identify and treat potential and actual health effects from vaccines before and after their use in the field.

      (3) The development and sustainment of a long-term vaccine safety and efficacy registry.

      (4) Support for an expert clinical advisory board for case reviews related to disability assessment questions.

      (5) Long-term and short-term studies to identify unanticipated benefits and adverse events from vaccines.

      (6) Educational outreach for immunization providers and those requiring immunizations.

      (7) The development, dissemination, and validation of educational materials for Department of Defense healthcare workers relating to vaccine safety, efficacy, and acceptability.

SEC. 721. MENTAL HEALTH COUNSELORS UNDER TRICARE.

    (a) In General- Section 1079(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

      `(17) Services of mental health counselors, except that--

        `(A) such services are limited to services provided by counselors who are licensed under applicable State law to provide mental health services;

        `(B) such services may be provided independently of medical oversight and supervision only in areas identified by the Secretary as `medically underserved areas' where the Secretary determines that 25 percent or more of the residents are located in primary shortage areas designated pursuant to section 332 of the Public Health Services Act (42 U.S.C. 254e); and

        `(C) the provision of such services shall be consistent with such rules as may be prescribed by the Secretary of Defense, including criteria applicable to credentialing or certification of mental health counselors and a requirement that mental health counselors accept payment under this section as full payment for all services provided pursuant to this paragraph.'.

    (b) Authority to Enter Into Personal Services Contracts- Section 704(c)(2) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2799; 10 U.S.C. 1091 note) is amended by inserting `mental health counselors,' after `psychologists,'.

SEC. 722. PANDEMIC AVIAN FLU PREPAREDNESS.

    (a) Report- The Secretary of Defense shall report to the Committees on Armed Services of the Senate and the House of Representatives 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 and civilian personnel--

      (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 populations;

      (3) public health containment measures that may be implemented on military bases and other facilities, including quarantine, travel restrictions and other isolation precautions;

      (4) communication with Department of Defense affiliated health providers about pandemic preparedness and response;

      (5) surge capacity for the provision of medical care during pandemics;

      (6) the availability and delivery of food and basic supplies and services;

      (7) surveillance efforts domestically and internationally, including those utilizing 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 with those of other Federal departments, including the Department of Health and Human Services, Department of the Veterans Affairs, Department of State, and USAID; and

      (9) collaboration (as appropriate) with international entities engaged in pandemic preparedness and response.

    (b) Submission of Report- Not later than 120 days after the date of enactment of this Act, the Secretary of Defense shall submit the report to the Committees on Armed Services of the Senate and the House of Representatives.

SEC. 723. COMPTROLLER GENERAL REPORT ON EXPANDED PARTNERSHIP BETWEEN THE DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS ON THE PROVISION OF HEALTH CARE SERVICES.

    (a) Report Required- Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the feasibility of an expanded partnership between the Department of Defense and the Department of Veterans Affairs for the provision of health care services.

    (b) Report Elements- The report required by subsection (a) shall include the following:

      (1) An overview of the current health care systems of the Department of Defense and the Department of Veterans Affairs, including--

        (A) the total number of eligible beneficiaries in each system as of September 30, 2005;

        (B) the total number of current consumers of health care services in each system as of that date;

        (C) the total cost of each system in the most recent fiscal year for which complete cost data for both systems exists;

        (D) the annual workload or production of health care by beneficiary category in each system in the most recent fiscal year for which complete data on workload or production of health care for both systems exists;

        (E) the total cost of health care by beneficiary category in each system in the most recent fiscal year for which complete cost data for both systems exists;

        (F) the total staffing of medical and administrative personnel in each system as of September 30, 2005;

        (G) the number and location of facilities, including both hospitals and clinics, operated by each system as of that date; and

        (H) the size, capacity, and production of graduate medical education programs in each system as of that date.

      (2) A comparative analysis of the characteristics of each health care system, including a determination and comparative analysis of--

        (A) the mission of such systems;

        (B) the demographic characteristics of the populations served by such systems;

        (C) the categories of eligibility for health care services in such systems;

        (D) the nature of benefits available by beneficiary category in such systems;

        (E) access to and quality of health care services in such systems;

        (F) the out-of-pocket expenses for health care by beneficiary category in such systems;

        (G) the structure and methods of financing the care for all categories of beneficiaries in such systems;

        (H) the management and acquisition of medical equipment and supplies in such systems, including pharmaceuticals and prosthetic and other medical assistive devices;

        (I) the mix of health care services available in such systems;

        (J) the current inpatient and outpatient capacity of such systems; and

        (K) the human resource systems for medical personnel in such systems, including the rates of compensation for civilian employees.

      (3) A summary of current sharing efforts between the health care systems of the Department of Defense and the Department of Veterans Affairs.

      (4) An assessment of the advantages and disadvantages for military retirees and their dependents participating in the health care system of the Department of Veterans Affairs of an expanded partnership between the health care systems of the Department of Defense and the Department of Veterans Affairs, with a separate assessment to be made for--

        (A) military retirees and dependents under the age of 65; and

        (B) military retirees and dependents over the age of 65.

      (5) Projections for the future growth of health care costs for retirees and veterans in the health care systems of the Department of Defense and the Department of Veterans Affairs, including recommendations on mechanisms to ensure more effective and higher quality services in the future for military retirees and veterans now served by both systems.

      (6) Options for means of achieving a more effective partnership between the health care systems of the Department of Defense and the Department of Veterans Affairs, including options for the expansion of, and enhancement of access of military retirees and their dependents to, the health care system of the Department of Veterans Affairs.

    (c) Solicitation of View- In preparing the report required by subsection (a), the Comptroller General shall seek the views of representatives of military family organizations, military retiree organizations, and organizations representing veterans and their families.

    (d) Appropriate Committees of Congress Defined- In this section, the term `appropriate committees of Congress' means--

      (1) the Committees on Armed Services and Veterans Affairs' of the Senate; and

      (2) the Committees on Armed Services and Veterans Affairs' of the House of Representatives.

SEC. 724. STUDY AND REPORT ON CIVILIAN AND MILITARY PARTNERSHIP PROJECT.

    (a) Study- The Secretary of Defense shall conduct a study on the feasibility of conducting a military and civilian partnership project to permit employees of the Department of Defense and of a non-profit health care entity to jointly staff and provide health care services to military personnel and civilians at a Department of Defense military treatment facility.

    (b) Report- Not later than December 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 on the study required by subsection (a).

Subtitle C--Other Matters

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

    (a) STUDY REQUIRED-

      (1) IN GENERAL- The Secretary of Defense shall conduct a study of adverse health events that may be associated with use of anti-malarial drugs, including mefloquine.

      (2) PARTICIPATION OF CERTAIN RESEARCHERS- The Secretary shall ensure the participation in the study of epidemiological and clinical researchers of the Federal Government outside the Department of Defense, and of epidemiological and clinical researchers outside the Federal Government.

    (b) MATTERS COVERED- The study required by subsection (a) shall include the following:

      (1) A comparison of adverse health events that may be associated with different anti-malarial drugs, including mefloquine.

      (2) An analysis of the extent to which mefloquine may be a risk factor contributing to suicides among members of the Armed Forces.

    (c) REPORT- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study required by subsection (a).

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

    (a) PILOT PROJECTS REQUIRED- The Secretary of Defense shall carry out not less than three pilot projects to evaluate the efficacy of various approaches to improving the capability of the military and civilian health care systems to provide early diagnosis and treatment of Post Traumatic Stress Disorder (PTSD) and other mental health conditions.

    (b) PILOT PROJECT REQUIREMENTS-

      (1) MOBILIZATION-DEMOBILIZATION FACILITY-

        (A) IN GENERAL- One of the pilot projects under subsection (a) shall be carried out at a military medical facility at a large military installation at which the mobilization or demobilization of members of the Armed Forces occurs.

        (B) ELEMENTS- The pilot project under this paragraph shall be designed to evaluate and produce effective diagnostic and treatment approaches for use by primary care providers in the military health care system in order to improve the capability of such providers to diagnose and treat Post Traumatic Stress Disorder in a manner that avoids the referral of patients to specialty care by a psychiatrist or other mental health professional.

      (2) NATIONAL GUARD OR RESERVE FACILITY-

        (A) IN GENERAL- One of the pilot projects under subsection (a) shall be carried out at the location of a National Guard or Reserve unit or units that are located more than 40 miles from a military medical facility and whose personnel are served primarily by civilian community health resources.

        (B) ELEMENTS- The pilot project under this paragraph shall be designed--

          (i) to evaluate approaches for providing evidence-based clinical information on Post Traumatic Stress Disorder to civilian primary care providers; and

          (ii) to develop educational materials and other tools for use by members of the National Guard or Reserve who come into contact with other members of the National Guard or Reserve who may suffer from Post Traumatic Stress Disorder in order to encourage and facilitate early reporting and referral for treatment.

      (3) INTERNET-BASED DIAGNOSIS AND TREATMENT- One of the pilot projects under subsection (a) shall be designed to evaluate--

        (A) Internet-based automated tools available to military and civilian health care providers for the early diagnosis and treatment of Post Traumatic Stress Disorder, and for tracking patients who suffer from Post Traumatic Stress Disorder; and

        (B) Internet-based tools available to family members of members of the Armed Forces in order to assist such family members in the identification of the emergence of Post Traumatic Stress Disorder.

    (c) REPORT- Not later than June 1, 2006, the Secretary shall submit to the congressional defense committees a report on the pilot projects to be carried out under this section. The report shall include a description of each such pilot project, including the location of the pilot projects under paragraphs (2) and (3) of subsection (b), and the scope and objectives of each such pilot project.

    (d) FUNDING-

      (1) IN GENERAL- (A) The amount authorized to be appropriated by section 303(a) for the Defense Health Program is hereby increased by $10,000,000.

      (B) Of the amount authorized to be appropriated by section 303(a) for the Defense Health Program, as increased by subparagraph (A), $10,000,000 shall be available for pilot projects under this section.

      (C) The amount available under subparagraph (B) shall remain available until expended.

      (2) OFFSET- The amount authorized to be appropriated by section 301(2) for operation and maintenance for the Navy is hereby decreased by $10,000,000.

SEC. 733. 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; and

        (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.

      (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 or a designee of such surgeon general.

      (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 governments, or individuals from the private sector.

      (B) The individuals appointed to the task force from outside the Department of Defense shall include--

        (i) an officer or employee of the Department of Veterans Affairs appointed by the Secretary of Defense in consultation with the Secretary of Veterans Affairs;

        (ii) an officer or employee of the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services appointed by the Secretary of Defense in consultation with the Secretary of Health and Human Services; and

        (iii) at least two individuals who are representatives of--

          (I) a mental health policy and advocacy organization; and

          (II) a national veterans service organization.

      (5) DEADLINE FOR APPOINTMENT- All appointments of individuals to the task force shall be made not later than 120 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) LONG-TERM PLAN 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 long-term plan (referred to as a strategic plan) on means by which the Department of Defense shall improve 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 to improve the efficacy of mental health care provided to members of the Armed Forces by the Department.

      (3) ELEMENTS- The long-term plan shall include an assessment of and recommendations (including recommendations for legislative or administrative action) for measures to improve the following:

        (A) The awareness of the prevalence of mental health conditions among members of the Armed Forces.

        (B) The efficacy of existing programs 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) 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.

        (D) The adequacy of outreach, education, and support programs on mental health matters for families of members of the Armed Forces.

        (E) 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.

        (F) 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.

        (G) Collaboration among organizations in the Department of Defense with responsibility for or jurisdiction over the provision of mental health services.

        (H) Coordination between the Department of Defense and civilian communities, including local support organizations, with respect to mental health services.

        (I) The scope and efficacy of curricula and training on mental health matters for commanders in the Armed Forces.

        (J) Such other matters as the task force considers appropriate.

    (d) ADMINISTRATIVE MATTERS-

      (1) COMPENSATION- Each member of the task force who is a member of the Armed Forces or a civilian officer or employee of the United States shall serve without compensation (other than compensation to which entitled as a member of the Armed Forces or an officer or employee of the United States, as the case may be). Other members of the task force shall be treated for purposes of section 3161 of title 5, United States Code, as having been appointed under subsection (b) of such section.

      (2) OVERSIGHT- The Under Secretary of Defense for Personnel and Readiness shall oversee the activities of the task force.

      (3) ADMINISTRATIVE SUPPORT- The Washington Headquarters Services of the Department of Defense shall provide the task force with personnel, facilities, and other administrative support as necessary for the performance of the duties of the task force.

      (4) ACCESS TO FACILITIES- The Under Secretary of Defense for Personnel and Readiness shall, in coordination with the Secretaries of the military departments, ensure appropriate access by the task force to military installations and facilities for purposes of the discharge of the duties of the task force.

    (e) REPORT-

      (1) IN GENERAL- The task force shall submit to the Secretary of Defense a report on its activities under this section. The report shall include--

        (A) a description of the activities of the task force;

        (B) the plan required by subsection (c); and

        (C) such other mattes 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) 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).

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

Subtitle A--Acquisition Policy and Management

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

    (a) INSPECTOR GENERAL REVIEWS AND DETERMINATIONS-

      (1) IN GENERAL- For each non-defense agency of the Federal Government that procured property or services in excess of $100,000,000 on behalf of the Department of Defense during fiscal year 2005, the Inspector General of the Department of Defense and the Inspector General of such non-defense agency shall, not later than March 15, 2006, jointly--

        (A) review--

          (i) the procurement policies, procedures, and internal controls of such non-defense agency that are applicable to the procurement of property and services on behalf of the Department by such non-defense agency; and

          (ii) the administration of those policies, procedures, and internal controls; and

        (B) determine in writing whether--

          (i) such non-defense agency is compliant with defense procurement requirements;

          (ii) such non-defense agency is not compliant with defense procurement requirements, but made significant progress during 2005 toward ensuring compliance with defense procurement requirements; or

          (iii) neither of the conclusions stated in clauses (i) and (ii) is correct in the case of such non-defense agency.

      (2) ACTIONS FOLLOWING CERTAIN DETERMINATIONS- If the Inspectors General determine under paragraph (1) that the conclusion stated in clause (ii) or (iii) of subparagraph (B) of such paragraph is correct in the case of a non-defense agency, those Inspectors General shall, not later than March 15, 2007, jointly--

        (A) conduct a second review, as described in paragraph (1)(A), regarding such non-defense agency's procurement of property or services on behalf of the Department of Defense in fiscal year 2006; and

        (B) determine in writing whether such non-defense agency is or is not compliant with defense procurement requirements.

    (b) COMPLIANCE WITH DEFENSE PROCUREMENT REQUIREMENTS- For the purposes of this section, a non-defense agency is compliant with defense procurement requirements if such non-defense agency's procurement policies, procedures, and internal controls applicable to the procurement of products and services on behalf of the Department of Defense, and the manner in which they are administered, are adequate to ensure such non-defense agency's compliance with the requirements of laws and regulations that apply to procurements of property and services made directly by the Department of Defense.

    (c) MEMORANDA OF UNDERSTANDING BETWEEN INSPECTORS GENERAL-

      (1) IN GENERAL- Not later than 30 days after the date of the enactment of this Act, the Inspector General of the Department of Defense and the Inspector General of each non-defense agency referred to in subsection (a) shall enter into a memorandum of understanding with each other to carry out the reviews and make the determinations required by this section.

      (2) SCOPE OF MEMORANDA- The Inspector General of the Department of Defense and the Inspector General of a non-defense agency may by mutual agreement conduct separate reviews of the procurement of property and services on behalf of the Department of Defense that are conducted by separate business units, or under separate governmentwide acquisition contracts, of such non-defense agency. In any case where such separate reviews are conducted, the Inspectors General shall make separate determinations under paragraphs (1) and (2) of subsection (a), as applicable, with respect to each such separate review.

    (d) LIMITATIONS ON PROCUREMENTS ON BEHALF OF DEPARTMENT OF DEFENSE-

      (1) LIMITATION DURING REVIEW PERIOD- After March 15, 2006, and before March 16, 2007, no official of the Department of Defense may, except as provided in subsection (e) or (f), order, purchase, or otherwise procure property or services in an amount in excess of $100,000 through a non-defense agency for which a determination described in paragraph (1)(B)(iii) of subsection (a) has been made under that subsection.

      (2) LIMITATION AFTER REVIEW PERIOD- After March 15, 2007, no official of the Department of Defense may, except as provided in subsection (e) or (f), order, purchase, or otherwise procure property or services in an amount in excess of $100,000 through a non-defense agency that, having been subject to review under this section, has not been determined under this section as being compliant with defense procurement requirements.

    (e) EXCEPTION FROM APPLICABILITY OF LIMITATIONS-

      (1) EXCEPTION- No limitation applies under subsection (d) with respect to the procurement of property and services on behalf of the Department of Defense by a particular non-defense agency during any period that there is in effect a determination of the Under Secretary of Defense for Acquisition, Technology, and Logistics, made in writing, that it is necessary in the interest of the Department of Defense to continue to procure property and services through such non-defense agency.

      (2) APPLICABILITY OF DETERMINATION- A written determination with respect to a non-defense agency under paragraph (1) is in effect for the period, not in excess of one year, that the Under Secretary of Defense for Acquisition, Technology, and Logistics shall specify in the written determination. The Under Secretary may extend from time to time, for up to one year at a time, the period for which the written determination remains in effect.

    (f) TERMINATION OF APPLICABILITY OF LIMITATIONS- Subsection (d) shall cease to apply to a non-defense agency on the date on which the Inspector General of the Department of Defense and the Inspector General of that agency jointly--

      (1) determine that such non-defense agency is compliant with defense procurement requirements; and

      (2) notify the Secretary of Defense of that determination.

    (g) IDENTIFICATION OF PROCUREMENTS MADE DURING A PARTICULAR FISCAL YEAR- For the purposes of subsection (a), a procurement shall be treated as being made during a particular fiscal year to the extent that funds are obligated by the Department of Defense for that procurement in that fiscal year.

    (h) INAPPLICABILITY TO CERTAIN GSA CONTRACTS- This section does not apply as follows:

      (1) To Client Support Centers of the Federal Technology Service of the General Services Administration, which are subject to review under section 802 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2004; 10 U.S.C. 2302).

      (2) To any purchase through the multiple award schedules established by the Administrator of General Services, as described in section 2302(2)(C) of title 10, United States Code, unless such purchase is made through--

        (A) a non-defense agency other than the General Services Administration; or

        (B) a business unit of the General Services Administration that is not responsible for administering the multiple award schedules program.

    (i) DEFINITIONS- In this section:

      (1) The term `non-defense agency' means a department or agency of the Federal Government outside the Department of Defense, except as excluded under subsection (h).

      (2) The term `governmentwide acquisition contract', with respect to a non-defense agency, means a task or delivery order contract that--

        (A) is entered into by the non-defense agency; and

        (B) may be used as the contract under which property or services are procured for one or more other departments or agencies of the Federal Government.

SEC. 802. CONTRACT SUPPORT ACQUISITION CENTERS.

    (a) ESTABLISHMENT-

      (1) ORGANIZATION; DUTIES- Subchapter I of chapter 8 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 197. Contract Support Acquisition Centers

    `(a) ESTABLISHMENT- (1) The Secretary of Defense shall establish within the Defense Logistics Agency a Defense Contract Support Acquisition Center.

    `(2) The Secretary of each military department shall establish a Contract Support Acquisition Center for that military department.

    `(b) DIRECTOR- (1) The Director of a Contract Support Acquisition Center is the head of the Center.

    `(2)(A) The Secretary of Defense shall appoint the Director of the Defense Contract Support Acquisition Center.

    `(B) The Secretary of a military department shall appoint the Director of the Contract Support Acquisition Center of that department.

    `(3) The Director of a Contract Support Acquisition Center shall be selected from among commissioned officers of the armed forces on active duty and senior civilian officers and employees of the Department of Defense who have substantial experience in the acquisition of contract services.

    `(c) DUTIES REGARDING ACQUISITIONS- (1)(A) The Director of the Defense Contract Support Acquisition Center shall act as the executive agent within the Department of Defense for each acquisition of contract services in excess of the simplified acquisition threshold for the Department of Defense, other than an acquisition referred to in subparagraph (B).

    `(B) The Director of the Contract Support Acquisition Center of a military department shall act as the executive agent within that military department for each acquisition of contract services in excess of the simplified acquisition threshold for such military department.

    `(2) In carrying out paragraph (1), the Director of a Center shall--

      `(A) develop and maintain policies, procedures, and best practices guidelines addressing the acquisition of contract services for the Secretary appointing the Director, including policies, procedures, and best practices guidelines for--

        `(i) acquisition planning;

        `(ii) solicitation and contract award;

        `(iii) requirements development and management;

        `(iv) contract tracking and oversight;

        `(v) performance evaluation; and

        `(vi) risk management;

      `(B) assign responsibility for carrying out the acquisition of contract services to employees of the Center and other appropriate organizational elements under the jurisdiction of that Secretary;

      `(C) dedicate fulltime commodity managers to coordinate the acquisition of key categories of services;

      `(D) ensure that contract services being acquired to meet the Secretary's requirements for those services are acquired by means of a contract, or a task or delivery order, that--

        `(i) is in the best interests of the Department of Defense or, in the case of the Director of the Center for a military department, the best interests of that military department; and

        `(ii) is entered into or issued, and is managed, in compliance with applicable laws, regulations, and directives, and other applicable requirements;

      `(E) ensure that competitive procedures and performance-based contracting are used to the maximum extent practicable for the acquisition of contract services for that Secretary; and

      `(F) monitor data collection under section 2330a of this title and periodically conduct a spending analysis to ensure that funds expended for the acquisition of contract services for the Secretary are being expended in the most rational and economical manner practicable.

    `(d) DUTIES REGARDING ACQUISITION PERSONNEL- The Directors of the Contract Support Acquisition Centers shall work with appropriate officials of the Department of Defense--

      `(1) to identify the critical skills and competencies needed to carry out the acquisition of contract services on behalf of the Department of Defense; and

      `(2) to develop a comprehensive strategy for recruiting, training, and deploying employees to meet the requirements for those skills and competencies.

    `(e) SCOPE OF AUTHORITY- The authority of the Director of a Contract Support Acquisition Center under this section applies to acquisitions in excess of the simplified acquisition threshold.

    `(f) EXCLUSIVITY OF AUTHORITY- (1) After September 30, 2009, no officer or employee of the Federal Government outside the Defense Contract Support Acquisition Center may, without the prior written approval of the Director of the Center or the Secretary of Defense, engage in a procurement action for the acquisition of contract services for the Department of Defense that is valued in excess of the simplified acquisition threshold, other than a procurement action covered by paragraph (2).

    `(2) After September 30, 2009, no officer or employee of the Federal Government outside the Contract Support Acquisition Center of a military department may, without the prior written approval of the Director of the Center, the Secretary of Defense, or the Secretary of that military department, engage in a procurement action for the acquisition of contract services for that military department that is valued in excess of the simplified acquisition threshold.

    `(3) In this subsection, the term `procurement action' includes the following actions:

      `(A) Entry into a contract or any other form of agreement.

      `(B) Issuance of a task order, delivery order, or military interdepartmental purchase request.

    `(g) STAFF AND SUPPORT- (1) The Secretary appointing the Director of a Contract Support Acquisition Center shall ensure that the Director of the Center is provided a staff and administrative support that are adequate for the Director to perform the duties of the position under this section effectively.

    `(2) The Secretary of Defense may transfer to the Defense Contract Support Acquisition Center any personnel within the Department of Defense whose principal duty is the acquisition of contract services for the Department of Defense.

    `(3) The Secretary of a military department may transfer to the Contract Support Acquisition Center of that military department any personnel within such military department whose principal duty is the acquisition of contract services for that military department.

    `(h) TRANSFERS OF NONDEFENSE ORGANIZATIONS- (1) Except as provided in paragraph (5), the Secretary of Defense may accept from the head of a department or agency outside the Department of Defense a transfer to any of the Contract Support Acquisition Centers of all or part of any organizational unit of such other department or agency that is primarily engaged in the acquisition of contract services if, during the most recent year for which data are available before such transfer, more than 50 percent of the contract services acquired by such organizational unit (determined on the basis of cost) were acquired on behalf of the Department of Defense.

    `(2) The head of a department or agency outside the Department of Defense may transfer in accordance with this section an organizational unit that is authorized to be accepted under paragraph (1).

    `(3) A transfer under this subsection may be made and accepted only pursuant to a memorandum of understanding that is entered into by the head of the department or agency making the transfer and the Secretary of Defense.

    `(4) A transfer of an organizational unit under this section shall include the transfer of the personnel of such organizational unit, the assets of such organizational unit, and the contracts of such organizational unit, to the extent provided in the memorandum of understanding governing the transfer of the unit.

    `(5) This section does not authorize a transfer of the multiple award schedule program of the General Services Administration described in section 2302(2)(C) of this title.

    `(i) SIMPLIFIED ACQUISITION THRESHOLD- In this section, the term `simplified acquisition threshold' has the meaning given that term in section 2302(7) of this title.'.

      (2) CLERICAL AMENDMENT- The table of sections at the beginning of such subchapter is amended by adding at the end the following new item:

      `197. Contract Support Acquisition Centers.'.

    (b) IMPLEMENTATION-

      (1) PHASED IMPLEMENTATION OF DIRECTOR'S AUTHORITY TO ACT AS EXECUTIVE AGENT- Notwithstanding subsections (c)(1) and (e) of section 197 of title 10, United States Code (as added by subsection (a)), the authority of the Director of a Contract Support Acquisition Center to act under such section as executive agent for acquisitions of contract services before October 1, 2009, applies only with respect to--

        (A) contracts in excess of $10,000,000 that are entered into after September 30, 2006, and before October 1, 2009; and

        (B) any other acquisitions of contract services that, as designated by the Secretary who appointed the Director, are to be carried out for that Secretary by the Director.

      (2) PROCUREMENT MANAGEMENT STRUCTURE- The Secretary of Defense shall implement section 2330 of title 10, United States Code (relating to a management structure for the procurement of services for the Department of Defense), by designating each Director of the Contract Support Acquisition Center appointed under section 197 of such title (as added by subsection (a)) to act as executive agent for the management of the procurements of services carried out for the Secretary appointing such Director with respect to--

        (A) all contracts in excess of $10,000,000 that are entered into after September 30, 2006, and before October 1, 2009; and

        (B) all contracts in excess of the simplified acquisition threshold (as defined in section 2302(7) of such title) that are entered into after September 30, 2009.

      (3) COMPLIANCE WITH CERTAIN PUBLIC LAW 108-375 REQUIREMENTS- For compliance with the requirements of section 854 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2022, 10 U.S.C. 2304 note), the Secretary concerned shall designate the Director of the Contract Support Acquisition Center appointed by that Secretary to act as the executive agent of that Secretary to review and approve the use of a contract for the acquisition of contract services that--

        (A) is entered into after September 30, 2006, by a department or agency outside the Department of Defense; and

        (B) if entered into--

          (i) before October 1, 2009, is valued in excess of $10,000,000; or

          (ii) after September 30, 2009, is valued in excess of the simplified acquisition threshold (as defined in section 2302(7) of title 10, United States Code).

      (4) SECRETARY CONCERNED DEFINED- In paragraph (3), the term `Secretary concerned' means the head of an agency named in subsection (f)(1) of section 854 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2022; 10 U.S.C. 2304 note).

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

    (a) ACQUISITION AGREEMENTS- Section 2341(1) of title 10, United States Code, is amended by striking `of which the United States is a member'.

    (b) CROSS-SERVICING AGREEMENTS- Section 2342(a)(1)(C) of such title is amended by striking `of which the United States is a member'.

    (c) CONFORMING AMENDMENT- Section 2344(b)(4) of such title is amended by striking `of which the United States is a member'.

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

    (a) REQUIREMENT FOR AUTHORIZATION-

      (1) IN GENERAL- Chapter 140 of title 10, United States Code, is amended by adding at the end the following new section:

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

    `(a) REQUIREMENT FOR AUTHORIZATION- A major weapon system of the Department of Defense may be treated as a commercial item, or purchased under procedures established for the procurement of commercial items, only if specifically authorized by Congress.

    `(b) TREATMENT OF SUBSYSTEMS AND COMPONENTS AS COMMERCIAL ITEMS- A subsystem or component of a major weapon system shall be treated as a commercial item and purchased under procedures established for the procurement of commercial items if such subsystem or component otherwise meets the requirements for treatment as a commercial item.

    `(c) MAJOR WEAPON SYSTEM DEFINED- In this section, the term `major weapon system' means a weapon system acquired pursuant to a major defense acquisition program (as that term is defined in section 2430 of this title).'.

      (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 140 of such title is amended by adding at the end the following new item:

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

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

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

    (a) REPORTS BY MILITARY DEPARTMENTS- For each of fiscal years 2005 and 2006, the Secretary of each military department shall, not later than 60 days after the last day of that fiscal year, submit to the Under Secretary of Defense for Acquisition, Technology, and Logistics a report on the service charges imposed on such military department for purchases in amounts greater than the simplified acquisition threshold that were made for that military department during such fiscal year through a contract entered into by an agency of the Department of Defense other than that military department. The report shall specify the amounts of the service charges and identify the services provided in exchange for such charges.

    (b) ANALYSIS OF MILITARY DEPARTMENT REPORTS- Not later than 90 days after receiving a report of the Secretary of a military department for a fiscal year under subsection (a), the Under Secretary of Defense for Acquisition, Technology, and Logistics shall review the service charges delineated in such report for the acquisitions covered by the report and the services provided in exchange for such charges and shall compare those charges with the costs of the alternative means for making such acquisitions. The analysis shall include the Under Secretary's determinations of whether the imposition and amounts of the service charges were reasonable.

    (c) REPORT TO CONGRESS- Not later than April 1, 2006 (for reports for fiscal year 2005 under subsection (a)), and not later than April 1, 2007 (for reports for fiscal year 2006 under subsection (a)), the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report on the reports submitted by the Secretaries of the military departments under subsection (a), together with the Under Secretary's determinations under subsection (b) with regard to the matters set forth in those reports.

    (d) SIMPLIFIED ACQUISITION THRESHOLD DEFINED- In this section, the term `simplified acquisition threshold' has the meaning given such term in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)).

SEC. 806. REVIEW OF DEFENSE ACQUISITION STRUCTURES.

    (a) REVIEW BY DEFENSE ACQUISITION UNIVERSITY- The Defense Acquisition University, acting under the direction and authority of the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall conduct a review of the acquisition structure of the Department of Defense, including the acquisition structure of the following:

      (1) Each military department.

      (2) Each defense agency.

      (3) Any other element of the Department of Defense that has an acquisition function.

    (b) ELEMENTS-

      (1) IN GENERAL- In reviewing the acquisition structure of an organization under subsection (a), the Defense Acquisition University shall--

        (A) determine the current structure of the organization;

        (B) review the evolution of the current structure of the organization, including the reasons for each reorganization of the structure, and identify any acquisition structures or capabilities that have been divested from the organization during the last 15 years;

        (C) identify the capabilities needed by the organization to fulfill its function and assess the capacity of the organization, as currently structured, to provide such capabilities; and

        (D) identify any gaps, shortfalls, or inadequacies relating to acquisitions in the current structure of the organization.

      (2) EMPHASIS IN REVIEW- In conducting the review of acquisition structures under subsection (a), the University shall place special emphasis on consideration of--

        (A) structures and processes for joint acquisition, including actions that may be needed to improve such structures and processes; and

        (B) actions that may be needed to improve acquisition outcomes.

    (c) PRIORITY ON COMPLETION OF REVIEW OF ACQUISITION STRUCTURE OF DEPARTMENT OF AIR FORCE- In conducting the review of acquisition structures under subsection (a), the Defense Acquisition University shall give a priority to a review of the acquisition structure of the Department of the Air Force.

    (d) FUNDING- The Under Secretary of Defense for Acquisition, Technology, and Logistics shall provide the Defense Acquisition University the funds required to conduct the review under subsection (a).

    (e) REPORTS-

      (1) INTERIM REPORT ON STRUCTURE OF DEPARTMENT OF AIR FORCE- Not later than one year after the date of the enactment of this Act, the Defense Acquisition University shall submit to the congressional defense committees an interim report addressing the acquisition structure of the Department of the Air Force.

      (2) FINAL REPORT ON REVIEW- Not later than 180 days after the completion of the review required by subsection (a), the University shall submit to the Under Secretary of Defense for Acquisition, Technology, and Logistics a report on the review. The report shall include a separate annex on the acquisition structure on each organization covered by the review, which annex--

        (A) shall address the matters specified under subsection (b) with respect to such organization; and

        (B) may include such recommendations with respect to such organization as the University considers appropriate.

      (3) TRANSMITTAL OF FINAL REPORT- Not later than 90 days after the receipt of the report under paragraph (2), the Under Secretary shall transmit to the congressional defense committees a copy of the report, together with the comments of the Under Secretary on the report.

    (f) DEFENSE ACQUISITION UNIVERSITY DEFINED- In this section, the term `Defense Acquisition University' means the Defense Acquisition University established pursuant to section 1746 of title 10, United States Code.

SEC. 807. 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 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 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 (c).

    (b) Information- The information specified in this subsection with respect to a major defense acquisition program is the following:

      (1) An assessment of the costs to be incurred to complete the program if the program is not modified.

      (2) An explanation of why the costs of the program have increased.

      (3) A justification for the continuation of the program notwithstanding the increase in costs.

    (c) Major Defense Acquisition Program Defined- In this section, the term `major defense acquisition program' has the meaning given that term in section 2430 of title 10, United States Code.

SEC. 808. 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 vehicle'; and

      (4) in subsection (f)--

        (A) by striking `aircraft and naval vessels' and inserting `aircraft, naval vessels, and combat vehicle'; and

        (B) by striking `such aircraft and vessels' and inserting `such aircraft, vessels, and combat vehicle'.

    (b) Additional Information for Congress- Subsection (b) of such section is amended--

      (1) in paragraph (1)--

        (A) in subparagraph (B), by striking `and' at the end;

        (B) in subparagraph (C), by striking the period at the end and inserting `; and'; and

        (C) by adding at the end the following new subparagraph:

      `(D) the Secretary has certified to those committees--

        `(i) that entering into the proposed contract as a means of obtaining the vessel, aircraft, or combat vehicle is the most cost-effective means of obtaining such vessel, aircraft, or combat vehicle; and

        `(ii) that the Secretary has determined that the lease complies with all applicable laws, Office of Management and Budget circulars, and Department of Defense regulations.'; and

      (2) by adding at the end the following new paragraphs:

      `(3) Upon receipt of a notice under paragraph (1)(C), a committee identified in paragraph (1)(B) may request the Inspector General of the Department of Defense or the Comptroller General of the United States to conduct a review of the proposed contract to determine whether or not such contract meets the requirements of this section.

      `(4) If a review is requested under paragraph (3), the Inspector General of the Department of Defense or the Comptroller General of the United States, as the case may be, shall submit to the Secretary and the congressional defense committees a report on such review before the expiration of the period specified in paragraph (1)(C).'.

    (c) Applicability of Acquisition Regulations- Such section is further amended--

      (1) by redesignating subsection (f) as subsection (g); and

      (2) by inserting after subsection (e) the following new subsection (f):

    `(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) 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) 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:

      `Sec. 2401. Requirement for authorization by law of certain contracts relating to vessels, aircraft, and combat vehicles.'.

SEC. 809. REQUIREMENT FOR ANALYSIS OF ALTERNATIVES FOR MAJOR DEFENSE ACQUISITION PROGRAMS.

    (a) Requirement-

      (1) IN GENERAL- Chapter 144 of title 10, United States Code, is amended by inserting after section 2431 the following new section:

`Sec. 2431a. Major defense acquisition programs: requirement for analysis of alternatives

    `(a) No major defense acquisition program may be commenced before the completion of an analysis of alternatives with respect to such program.

    `(b) For the purposes of this section, a major defense acquisition program is commenced when the milestone decision authority approves entry of the program into the first phase of the acquisition process applicable to the program.'.

      (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 144 of such title is amended by inserting after the item relating to section 2431 the following new item:

      `2431a. Major defense acquisition programs: requirement for analysis of alternatives.'.

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

SEC. 809A. REPORT ON USE OF LEAD SYSTEM INTEGRATORS IN THE ACQUISITION OF MAJOR SYSTEMS.

    (a) Report Required- 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 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 (including a specific timetable), or to be taken, 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 the 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) the prevention of the performance by lead system integrators of functions closely associated with inherently governmental functions;

      (4) the appropriate use of competitive procedures in the award of subcontracts by lead system integrators with system responsibility;

      (5) the prevention of organizational conflicts of interest arising out of any financial interest of lead system integrators without system responsibility in the development or production of individual elements of a major weapon system; and

      (6) the prevention of pass-through charges by lead system integrators with system responsibility on systems or subsystems developed or produced under subcontracts where such lead system integrators do not provide significant value added with regard to such systems or subsystems.

    (c) Definitions- In this section:

      (1) The term `lead system integrator' includes lead system integrators with system responsibility and lead system integrators without system responsibility.

      (2) The term `lead system integrator with system responsibility' means a prime contractor for the development or production of a major system if the prime contractor is not expected at the time of award, as determined by the Secretary of Defense for purposes of this section, to perform a substantial portion of the work on the system and the major subsystems.

      (3) The term `lead system integrator without system responsibility' means a contractor under a contract for the procurement of services whose primary purpose is to perform acquisition functions closely associated with inherently governmental functions with regard to the development or production of a major system.

      (4) The term `major system' has the meaning given such term in section 2302d of title 10, United States Code.

      (5) The term `pass-through charge' means a charge for overhead or profit on work performed by a lower-tier contractor (other than charges for the direct costs of managing lower-tier contracts and overhead and profit based on such direct costs) that does not, as determined by the Secretary for purposes of this section, promote significant value added with regard to such work.

      (6) The term `functions closely associated with inherently governmental functions' has the meaning given such term in section 2383(b)(3) of title 10, United States Code.

SEC. 809B. 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 past and current acquisitions by the Department of commercial satellite communication services.

    (b) REPORT ON ACQUISITION STRATEGY-

      (1) IN GENERAL- Not later than six 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 strategy shall--

          (i) be based in appropriate part on the results of the analysis required by subsection (a); and

          (ii) 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. 809C. GUIDANCE ON USE OF TIERED EVALUATION 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 or proposals of offerors for contracts and for task 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 or proposal of an offeror 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 why such contracting officer was unable to make such determination.

SEC. 809D. 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 the proposed cancellation or change shall include--

      (1) the specific justification for the proposed change;

      (2) a description of the impact of the proposed change on the Department's ability to achieve the objectives of the program that has been cancelled or changed;

      (3) a description of the steps that the Department plans to take to achieve such 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.

SEC. 809E. TEMPORARY INAPPLICABILITY OF BERRY AMENDMENT TO PROCUREMENTS OF SPECIALTY METALS USED TO PRODUCE FORCE PROTECTION EQUIPMENT.

    (a) In General- Section 2533a(a) of title 10, United States Code, shall not apply to the procurement, during the 2-year period beginning on the date of the enactment of this Act, of specialty metals if such specialty metals are used to produce force protection equipment needed to prevent combat fatalities in Iraq or Afghanistan.

    (b) Treatment of Procurements Within Period- For the purposes of subsection (a), a procurement shall be treated as being made during the 2-year period described in that subsection to the extent that funds are obligated by the Department of Defense for that procurement during that period.

SEC. 809F. PUBLIC-PRIVATE COMPETITION FOR WORK PERFORMED BY CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

    (a) LIMITATION- Section 2461(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:

    `(5)(A) Notwithstanding subsection (d), a function of the Department of Defense performed by 10 or more civilian employees may not be converted, in whole or in part, to performance by a contractor unless the conversion is based on the results of a public-private competition process that--

      `(i) formally compares the cost of civilian employee performance of that function with the costs of performance by a contractor;

      `(ii) creates an agency tender, including a most efficient organization plan, in accordance with Office of Management and Budget Circular A-76, as implemented on May 29, 2003; and

      `(iii) requires continued performance of the function by civilian employees unless the competitive sourcing official concerned determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the Department of Defense by an amount that equals or exceeds the lesser of $10,000,000 or 10 percent of the most efficient organization's personnel-related costs for performance of that activity or function by Federal employees.

    `(B) Any function that is performed by civilian employees of the Department of Defense and is proposed to be reengineered, reorganized, modernized, upgraded, expanded, or changed in order to become more efficient shall not be considered a new requirement for the purpose of the competition requirements in subparagraph (A) or the requirements for public-private competition in Office of Management and Budget Circular A-76.

    `(C) A function performed by more than 10 Federal Government employees may not be separated into separate functions for the purposes of avoiding the competition requirement in subparagraph (A) or the requirements for public-private competition in Office of Management and Budget Circular A-76.

    `(D) The Secretary of Defense may waive the requirement for a public-private competition under subparagraph (A) in specific instances if--

      `(i) the written waiver is prepared by the Secretary of Defense or the relevant Assistant Secretary of Defense, Secretary of a military department, or head of a Defense Agency;

      `(ii) the written waiver is accompanied by a detailed determination that national security interests preclude compliance with the requirement for a public-private competition; and

      `(iii) a copy of the waiver is published in the Federal Register within 10 working days after the date on which the waiver is granted, although use of the waiver need not be delayed until its publication.'.

    (b) INAPPLICABILITY TO BEST-VALUE SOURCE SELECTION PILOT PROGRAM- Paragraph (5) of section 2461(b) of title 10, United States Code, as added 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).

    (c) REPEAL OF SUPERSEDED LAW- 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.

SEC. 809G. 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 on a regular basis for work that is performed under Department of Defense contracts and could be performed by Federal Government employees.

      (2) CRITERIA- The guidelines and procedures prescribed under paragraph (1) shall provide for special consideration to be given to contracts that--

        (A) have been performed by Federal Government employees at any time on or after October 1, 1980;

        (B) are associated with the performance of inherently governmental functions;

        (C) were not awarded on a competitive basis; or

        (D) have been determined by a contracting officer to be poorly performed due to excessive costs or inferior quality.

    (b) NEW REQUIREMENTS-

      (1) LIMITATION ON REQUIRING PUBLIC-PRIVATE COMPETITION- No public-private competition may be required under Office of Management and Budget Circular A-76 or any other provision of law or regulation before the performance of a new requirement by Federal Government employees commences, the performance by Federal Government employees of work pursuant to subsection (a) commences, or the scope of an existing activity performed by Federal Government employees is expanded. Office of Management and Budget Circular A-76 shall be revised to ensure that the heads of all Federal agencies give fair consideration to the performance of new requirements by Federal Government employees.

      (2) CONSIDERATION OF FEDERAL GOVERNMENT EMPLOYEES- The Secretary of Defense shall, to the maximum extent practicable, ensure that Federal Government employees are fairly considered for the performance of new requirements, with special consideration given to new requirements that include functions that--

        (A) are similar to functions that have been performed by Federal Government employees at any time on or after October 1, 1980; or

        (B) are associated with the performance of inherently governmental functions.

    (c) 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.

    (d) INSPECTOR GENERAL REPORT- Not later than 180 days after the enactment of this Act, the Inspector General of the Department of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the compliance of the Secretary of Defense with the requirements of this section.

    (e) 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. 809H. CONTRACTING FOR PROCUREMENT OF CERTAIN SUPPLIES AND SERVICES.

    (a) MODIFICATION OF LIMITATION ON CONVERSION TO CONTRACTOR PERFORMANCE- 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. 809I. MODIFICATION AND EXTENSION OF PILOT PROGRAM ON SHARE-IN-SAVINGS CONTRACTS.

    (a) INCLUSION OF INFORMATION TECHNOLOGY IMPROVEMENTS IN SHARE-IN-SAVINGS- Paragraph (1) of subsection (a) of section 2332 of title 10, United States Code, is amended by adding at the end the following new sentence: `Each such contract shall provide that the contractor shall incur the cost of implementing information technology improvements, including costs incurred in acquiring, installing, maintaining, and upgrading information technology equipment and training personnel in the use of such equipment, in exchange for a share of any savings directly resulting from the implementation of such improvements during the term of the contract.'.

    (b) CONTRACT PERFORMANCE EVALUATION- Such subsection is further amended--

      (1) in paragraph (3), by striking `, to the maximum extent practicable,';

      (2) by striking paragraph (4);

      (3) by redesignating paragraph (5) as paragraph (7); and

      (4) inserting after paragraph (3) the following new paragraphs:

    `(4) The head of an agency that enters into contracts pursuant to the authority of this section shall establish a panel of employees of such agency, independent of any program office or contracting office responsible for awarding and administering such contracts, for the purpose of verifying performance baselines and methodologies for calculating savings resulting from the implementation of information technology improvements under such contracts. Employees assigned to any such panel shall have experience and expertise appropriate for the duties of such panel.

    `(5) Each contract awarded pursuant to the authority of this section shall include a provision containing a quantifiable baseline of current and projected costs, a methodology for calculating actual costs during the period of performance, and a savings share ratio governing the amount of payments the contractor is to receive under such contract that are certified by a panel established pursuant to paragraph (4) to be financially sound and based on the best available information.

    `(6) Each contract awarded pursuant to the authority of this section shall--

      `(A) provide that aggregate payments to the contractor may not exceed the amount the agency would have paid, in accordance with the baseline of current and projected costs incorporated in such contract, during the period covered by such contract; and

      `(B) require an independent annual audit of actual costs in accordance with the methodology established under paragraph (5)(B), which shall serve as a basis for annual payments based on savings share ratio established in such contract.'.

    (c) EXTENSION OF PILOT PROGRAM- Such section is further amended--

      (1) in subsection (b)(3)(B), by striking `fiscal years 2003, 2004, and 2005' and inserting `fiscal years 2003 through 2007'; and

      (2) in subsection (d), by striking `September 30, 2005' and inserting `September 30, 2007'.

    (d) REPORTS TO CONGRESS-

      (1) SECRETARY OF DEFENSE REPORTS- Not later than March 31, 2006, and each year thereafter until the year after the termination of the pilot program under section 2332 of title 10, United States Code (as amended by subsection (a)), the Secretary of Defense shall submit to Congress a report containing a list of each contract entered into by each Federal agency under such section during the preceding year that contains terms providing for the contractor to implement information technology improvements in exchange for a share of the savings derived from the implementation of such improvements. The report shall set forth, for each contract listed--

        (A) the information technology performance acquired by reason of the improvements concerned;

        (B) the total amount of payments made to the contractor during the year covered by the report; and

        (C) the total amount of savings or other measurable benefits realized by the Federal agency during such year as a result of such improvements.

      (2) COMPTROLLER GENERAL REPORTS- Not later than two months after the Secretary submits a report required by paragraph (1), the Comptroller General of the United States shall submit to Congress a report on the costs and benefits to the United States of the implementation of the technology improvements under the contracts covered by such report, together with such recommendations as the Comptroller General considers appropriate.

SEC. 809J. SENSE OF SENATE ON APPLICABILITY OF COMPETITION EXCEPTIONS TO ELIGIBILITY OF NATIONAL GUARD FOR FINANCIAL ASSISTANCE FOR PERFORMANCE OF ADDITIONAL DUTIES.

    It is the sense of the Senate that the amendment made by section 806 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2010) permits the Secretary of Defense to provide financial assistance to the Army National Guard for the performance of additional duties specified in section 113(a) of title 32, United States Code, without the use of competitive procedures under the standard exceptions to the use of such procedures in accordance with section 2304(c) of title 10, United States Code.

Subtitle B--Defense Industrial Base Matters

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

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

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

    (a) AUTHORITY FOR ANNUAL WAIVER- Subchapter V of chapter 148 of title 10, United States Code, is amended by adding at the end the following new section:

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

    `(a) WAIVER AUTHORITY- Subject to subsection (g), upon making a determination under subsection (b) that a foreign country described by that subsection has not qualitatively or quantitatively increased exports of defense items, as determined by the Secretary of Defense for purposes of this section, to the People's Republic of China during the fiscal year in which such determination is made, the Secretary of Defense may waive the application of any domestic source requirement or domestic content requirement referred to in subsection (c) and thereby authorize the procurement of items that are grown, reprocessed, reused, produced, or manufactured in such foreign country during the fiscal year following the fiscal year in which such determination is made.

    `(b) ANNUAL DETERMINATIONS- Not later than September 30 each fiscal year, the Secretary of Defense may determine whether or not a foreign country with which the United States had in force during such fiscal year a reciprocal defense procurement memorandum of understanding or agreement qualitatively or quantitatively increased exports of defense items to the People's Republic of China during such fiscal year. Each such determination shall be in writing.

    `(c) COVERED REQUIREMENTS- For purposes of this section:

      `(1) A domestic source requirement is any requirement under law that the Department of Defense satisfy its requirements for an item by procuring an item that is grown, reprocessed, reused, produced, or manufactured in the United States or by a manufacturer that is a part of the national technology and industrial base (as defined in section 2500(1) of this title).

      `(2) A domestic content requirement is any requirement under law that the Department of Defense satisfy its requirements for an item by procuring an item produced or manufactured partly or wholly from components and materials grown, reprocessed, reused, produced, or manufactured in the United States.

    `(d) EFFECTIVE PERIOD OF WAIVER- Any waiver of the application of any domestic source requirement or domestic content with respect to a foreign country under subsection (a) shall be effective only for the fiscal year following the fiscal year in which is made the determination on which such waiver is based.

    `(e) LIMITATION ON DELEGATION- The authority of the Secretary of Defense to waive the application of domestic source or content requirements under subsection (a) may not be delegated to any officer or employee other than the Deputy Secretary of Defense or the Under Secretary of Defense for Acquisition, Technology, and Logistics.

    `(f) CONSULTATIONS- The Secretary of Defense may grant a waiver of the application of a domestic source or content requirement under subsection (a) only after consultation with the United States Trade Representative, the Secretary of Commerce, and the Secretary of State.

    `(g) LAWS NOT WAIVABLE- The Secretary of Defense may not exercise the authority under subsection (a) to waive any domestic source or content requirement contained in any of the following laws:

      `(1) The Small Business Act (15 U.S.C. 631 et seq.).

      `(2) The Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).

      `(3) Section 2533a of this title.

      `(4) Sections 7309 and 7310 of this title.

    `(h) RELATIONSHIP TO OTHER WAIVER AUTHORITY- The authority under subsection (a) to waive a domestic source requirement or domestic content requirement is in addition to any other authority to waive such requirement.

    `(i) CLARIFICATION OF RELATIONSHIP WITH BUY AMERICAN ACT- Nothing in this section shall be construed to alter in any way the applicability of the Buy American Act (41 U.S.C. 10a), or the authority of the Secretary of Defense to waive the requirements of such Act, with respect to the procurement of any item to which such Act would apply without regard to this section.

    `(j) CONSTRUCTION WITH RESPECT TO LATER ENACTED LAWS- This section may not be construed as being inapplicable to a domestic source requirement or domestic content requirement that is set forth in a law enacted after the enactment of this section solely on the basis of the later enactment of such law.'.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter V of such chapter is amended by adding at the end the following new item:

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

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

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

SEC. 814. 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:

    `(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 (10 U.S.C. 2501 note).

        `(B) The Defense Technology Area Plan of the Department of Defense.

        `(C) The Basic Research Plan of the Department of Defense.

      `(3) INPUT IN IDENTIFICATION OF AREAS OF EFFORT- The criteria and procedures described in paragraph (1) shall include input in the identification of areas of research and development efforts described in that paragraph from Department of Defense program managers (PMs) and program executive officers (PEOs).

    `(y) Commercialization Pilot Program-

      `(1) IN GENERAL- The Secretary of Defense and the Secretary of each military department is authorized to create and administer a `Commercialization Pilot Program' to accelerate the transition of technologies, products, and services developed under the Small Business Innovation Research Program to Phase III, including the acquisition process.

      `(2) IDENTIFICATION OF RESEARCH PROGRAMS FOR ACCELERATED TRANSITION TO ACQUISITION PROCESS- In carrying out the Commercialization Pilot Program, the Secretary of Defense and the Secretary of each military department shall identify research programs of the Small Business Innovation Research Program that have the potential for rapid transitioning to Phase III and into the acquisition process.

      `(3) LIMITATION- No research program may be identified under paragraph (2), unless the Secretary of the military department concerned certifies in writing that the successful transition of the program to Phase III and into the acquisition process is expected to meet high priority military requirements of such military department.

      `(4) FUNDING- For payment of expenses incurred to administer the Commercialization Pilot Program under this subsection, the Secretary of Defense and each Secretary of a military department is authorized to use not more than an amount equal to 1 percent of the funds available to the Department of Defense or the military department pursuant to the Small Business Innovation Research Program. Such funds--

        `(A) shall not be subject to the limitations on the use of funds in subsection (f)(2); and

        `(B) shall not be used to make Phase III awards.

      `(5) EVALUATIVE REPORT- At the end of each fiscal year, the Secretary of Defense and each Secretary of a military department 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 by prime contractors; and

        `(C) a detailed compilation of results achieved by the Commercialization Pilot Program, including the number of small business concerns assisted and a number of inventions commercialized.

      `(6) SUNSET- The pilot program under this subsection shall terminate at the end of fiscal year 2009.'.

    (b) Implementation of Executive Order 13329- Section 9 of the Small Business Act (15 U.S.C. 638) is amended--

      (1) in subsection (b)--

        (A) in paragraph (6), by striking `and' at the end;

        (B) in paragraph (7), by striking the period at the end and inserting `; and'; and

        (C) by adding at the end the following:

      `(8) to provide for and fully implement the tenets of Executive Order 13329 (Encouraging Innovation in Manufacturing).';

      (2) in subsection (g)--

        (A) in paragraph (9), by striking `and' at the end;

        (B) in paragraph (10), by striking the period at the end and inserting `; and'; and

        (C) by adding at the end the following:

      `(11) provide for and fully implement the tenets of Executive Order 13329 (Encouraging Innovation in Manufacturing).'; and

      (3) in subsection (o)--

        (A) in paragraph (14), by striking `and' at the end;

        (B) in paragraph (15), by striking the period at the end and inserting `; and'; and

        (C) by adding at the end the following:

      `(16) provide for and fully implement the tenets of Executive Order 13329 (Encouraging Innovation in Manufacturing).'.

    (c) Testing and Evaluation Authority- Section 9(e) of the Small Business Act (15 U.S.C. 638(e)) is amended--

      (1) in paragraph (7), by striking `and' at the end;

      (2) in paragraph (8), by striking the period at the end and inserting `; and'; and

      (3) by adding at the end the following:

      `(9) the term `commercial applications' shall not be construed to exclude testing and evaluation of products, services, or technologies for use in technical or weapons systems, and further, awards for testing and evaluation of products, services, or technologies for use in technical or weapons systems may be made in either the second or the third phase of the Small Business Innovation Research Program and of the Small Business Technology Transfer Program, as defined in this subsection.'.

Subtitle C--Defense Contractor Matters

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

    (a) REQUIREMENTS-

      (1) IN GENERAL- Chapter 141 of title 10, United States Code, is amended by adding at the end the following new section:

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

    `(a) IN GENERAL- Each contract for the procurement of goods or services in excess of $10,000,000, other than a contract for the procurement of commercial items, that is entered into by the Department of Defense shall include a provision under which the contractor agrees to submit to the Secretary of Defense, not later than April 1 of each year such contract is in effect, a written report setting forth the information required by subsection (b).

    `(b) REPORT INFORMATION- A report by a contractor under subsection (a) shall--

      `(1) list the name of each person who--

        `(A) is a former officer or employee of the Department of Defense or a former or retired member of the armed forces; and

        `(B) during the preceding calendar year was provided compensation by the contractor, if such compensation was first provided by the contractor--

          `(i) not more than two years after such officer, employee, or member left service in the Department of Defense; and

          `(ii) not more than two years before the date on which the report is required to be submitted; and

      `(2) in the case of each person listed under paragraph (1)--

        `(A) identify the agency in which such person was employed or served on active duty during the last two years of such person's service with the Department of Defense;

        `(B) state such person's job title and identify each major defense system, if any, on which such person performed any work with the Department of Defense during the last two years of such person's service with the Department; and

        `(C) state such person's current job title with the contractor and identify each major defense system on which such person has performed any work on behalf of the contractor.'.

      (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 141 of such title is amended by adding at the end the following new item:

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

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

SEC. 822. REVIEW OF CERTAIN CONTRACTOR ETHICS MATTERS.

    (a) IN GENERAL- The Secretary of Defense shall, in consultation with the Director of the Office of Government Ethics and the Administrator for Federal Procurement Policy, conduct a review of the ethics considerations raised by the following:

      (1) The performance by contractor employees of functions closely associated with inherently governmental functions.

      (2) The performance by contractor employees of other functions historically performed by Government employees in the Federal workplace.

    (b) OPTIONS TO BE ADDRESSED- The review under subsection (a) shall include the consideration of a broad range of options for addressing the ethics considerations described in that subsection, including--

      (1) amending the Federal Acquisition Regulation to address ethics and personal conflict of interest concerns for contractor employees;

      (2) implementing the Federal Acquisition Regulation, as so amended, through the incorporation of appropriate provisions in Federal agency contracts and in the solicitations for such contracts;

      (3) requiring such contracts and solicitations to state that contractor employees will be bound by certain ethics standards, whether contractor-imposed or Government-imposed;

      (4) encouraging Federal agency personnel to consider including provisions in contracts and solicitations that address conflict of interest issues and require contractor personnel to receive training on Government ethics rules; and

      (5) continuing to identify and mitigate conflicts and ethics concerns involving contractor personnel on a case-by-case basis.

    (c) REPORT-

      (1) IN GENERAL- Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report setting forth the findings and recommendations of the Secretary as a result of the review under subsection (a) and the consideration of options under subsection (b).

      (2) ADDITIONAL VIEWS- The report under paragraph (1) shall set forth the views, if any, of the Director of the Office of Government Ethics and the Administrator for Federal Procurement Policy on the matters covered by the report.

    (d) FUNCTIONS CLOSELY ASSOCIATED WITH INHERENTLY GOVERNMENTAL FUNCTIONS DEFINED- In this section, the term `functions closely associated with inherently governmental functions' has the meaning given such term in section 2383(b)(3) of title 10, United States Code.

SEC. 823. CONTRACT FRAUD RISK ASSESSMENT.

    (a) RISK ASSESSMENT TEAM- (1) Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall establish a risk assessment team to assess the vulnerability of Department of Defense contracts to fraud, waste, and abuse.

    (2) The risk assessment team shall be chaired by the Inspector General of the Department of Defense and shall include representatives of the Defense Logistics Agency, the Defense Contract Management Agency, the Defense Contract Audit Agency, the Army, the Navy, and the Air Force.

    (3) The risk assessment team shall--

      (A) review the contracting systems and internal controls of the Department of Defense and the systems and controls of prime contractors of the Department of Defense to identify areas of vulnerability of Department of Defense contracts to fraud, waste, and abuse; and

      (B) prepare a report on the results of its review.

    (4) Not later than six months after the date of the enactment of this Act, the chairman of the risk assessment team shall submit the report prepared under paragraph (3)(B) to the Secretary of Defense and the congressional defense committees.

    (b) COMPTROLLER GENERAL REVIEW- (1) Not later than 60 days after the date on which the report of the risk assessment team is submitted under subsection (a)(4), the Comptroller General of the United States shall--

      (A) review the methodology used by the risk assessment team and the results of the team's review; and

      (B) submit a report on the Comptroller General's review to the congressional defense committees.

    (2) The report under paragraph (1)(B) shall include the Comptroller General's findings and any recommendations that the Comptroller considers appropriate.

    (c) ACTION PLAN- Not later than three months after receiving the report of the risk assessment team under subsection (a)(4), the Secretary of Defense shall develop and submit to the congressional defense committees a plan of actions for addressing the areas of vulnerability identified in the report. If the Secretary determines that no action is necessary with regard to an area of vulnerability, the report shall include a discussion of the rationale for that determination.

SEC. 824. REPORTS ON CERTAIN DEFENSE CONTRACTS IN IRAQ AND AFGHANISTAN.

    (a) QUARTERLY REPORTS-

      (1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report that lists and describes each task or delivery order contract or other contract related to security and reconstruction activities in Iraq and Afghanistan in which an audit conducted by an investigative or audit component of the Department of Defense during the 90-day period ending on the date of such report resulted in a finding described in subsection (b).

      (2) COVERAGE OF SUBCONTRACTS- For purposes of this section, any reference to a contract shall be treated as a reference to such contract and to any subcontracts under such contract.

    (b) COVERED FINDING- A finding described in this subsection with respect to a task or delivery order contract or other contract described in subsection (a) is a finding by an investigative or audit component of the Department of Defense that the contract includes costs that are unsupported, questioned, or both.

    (c) REPORT INFORMATION- Each report under subsection (a) shall include, with respect to each task or delivery order contract or other contract covered by such report--

      (1) a description of the costs determined to be unsupported, questioned, or both; and

      (2) a statement of the amount of such unsupported or questioned costs and the percentage of the total value of such task or delivery order that such costs represent.

    (d) WITHHOLDING OF PAYMENTS- In the event that any costs under a task or delivery order contract or other contract described in subsection (a) are determined by an investigative or audit component of the Department of Defense to be unsupported, questioned, or both, the appropriate Federal procurement personnel may withhold from amounts otherwise payable to the contractor under such contract a sum of up to 100 percent of the total amount of such costs.

    (e) RELEASE OF WITHHELD PAYMENTS- Upon a subsequent determination by the appropriate Federal procurement personnel, or investigative or audit component of the Department of Defense, that any unsupported or questioned costs for which an amount payable was withheld under subsection (d) has been determined to be allowable, or upon a settlement negotiated by the appropriate Federal procurement personnel, the appropriate Federal procurement personnel may release such amount for payment to the contractor concerned.

    (f) INCLUSION OF INFORMATION ON WITHHOLDING AND RELEASE IN QUARTERLY REPORTS- Each report under subsection (a) after the initial report under that subsection shall include the following:

      (1) A description of each action taken under subsection (d) or (e) during the period covered by such report.

      (2) A justification of each determination or negotiated settlement under subsection (d) or (e) that appropriately explains the determination of the applicable Federal procurement personnel in terms of reasonableness, allocability, or other factors affecting the acceptability of the costs concerned.

    (g) DEFINITIONS- In this section:

      (1) The term `appropriate committees of Congress' means--

        (A) the Committees on Appropriations, Armed Services, and Homeland Security and Governmental Affairs of the Senate; and

        (B) the Committees on Appropriations, Armed Services, and Government Reform of the House of Representatives.

      (2) The term `investigative or audit component of the Department of Defense' means any of the following:

        (A) The Office of the Inspector General of the Department of Defense.

        (B) The Defense Contract Audit Agency.

        (C) The Defense Contract Management Agency.

        (D) The Army Audit Agency.

        (E) The Naval Audit Service.

        (F) The Air Force Audit Agency.

      (3) The term `questioned', with respect to a cost, means an unreasonable, unallocable, or unallowable cost.

Subtitle D--Defense Acquisition Workforce Matters

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

    (a) AVAILABILITY OF DEPARTMENT OF DEFENSE CONTRACT FEES FOR DEFENSE ACQUISITION UNIVERSITY- Section 37 of the Office of Federal Procurement Policy Act (41 U.S.C. 433) is amended--

      (1) in subsection (a), by striking `This section' and inserting `Except as otherwise provided, this section'; and

      (2) in subsection (h)(3)--

        (A) in subparagraph (B), by striking `(other than the Department of Defense)' in the first sentence;

        (B) by redesignating subparagraphs (D), (E), (F), and (G) as subparagraphs (E), (F), (G), and (H), respectively;

        (C) by inserting after subparagraph (C) the following new subparagraph (D):

        `(D) The Administrator of General Services shall credit to the Defense Acquisition University fees collected in accordance with subparagraph (B) from the Department of Defense. Amounts so credited shall be used to develop and expand training for the defense acquisition workforce.'; and

        (D) in subparagraph (E), as so redesignated, by striking `the purpose specified in subparagraph (A)' and inserting `the purposes specified in subparagraphs (A) and (D)'.

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

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

    (a) LIMITATION- Notwithstanding any other provision of law, the defense acquisition and support workforce may not be reduced, during fiscal years 2006, 2007, and 2008, below the level of that workforce as of September 30, 2004, determined on the basis of full-time employee equivalence, except as may be necessary to strengthen the defense acquisition and support workforce in higher priority positions in accordance with this section.

    (b) INCREASE AND REALIGNMENT OF WORKFORCE- (1)(A) During fiscal years 2006, 2007, and 2008, the Secretary of Defense shall increase the number of persons employed in the defense acquisition and support workforce as follows:

      (i) During fiscal year 2006, to 105 percent of the baseline number (as defined in subparagraph (B)).

      (ii) During fiscal year 2007, to 110 percent of the baseline number.

      (iii) During fiscal year 2008, to 115 percent of the baseline number.

    (B) In this paragraph, the term `baseline number', with respect to persons employed in the defense acquisition and support workforce, means the number of persons employed in such workforce as of September 30, 2004 (determined on the basis of full-time employee equivalence).

    (C) The Secretary of Defense may waive a requirement in subparagraph (A) and, subject to subsection (a), employ in the defense acquisition and support workforce a lesser number of employees if the Secretary determines and certifies to the congressional defense committees that the cost of increasing such workforce to the larger size as required under that subparagraph would exceed the savings to be derived from the additional oversight that would be achieved by having a defense acquisition and support workforce of such larger size.

    (2) During fiscal years 2006, 2007, and 2008, the Secretary of Defense may realign any part of the defense acquisition and support workforce to support reinvestment in other, higher priority positions in such workforce.

    (c) HIGHER PRIORITY POSITIONS- For the purposes of this section, higher priority positions in the defense acquisition and support workforce include the following positions:

      (1) Positions the responsibilities of which include system engineering.

      (2) Positions the responsibilities of which include drafting performance-based work statements for services contracts and overseeing the performance of contracts awarded pursuant to such work statements.

      (3) Positions the responsibilities of which include conducting spending analyses, negotiating company-wide pricing agreements, and taking other measures to reduce contract costs.

      (4) Positions the responsibilities of which include reviewing contractor quality control systems, assessing and analyzing quality deficiency reports, and taking other measures to improve product quality.

      (5) Positions the responsibilities of which include effectively conducting public-private competitions in accordance with Office of Management and Budget Circular A-76.

      (6) Any other positions in the defense acquisition and support workforce that the Secretary of Defense identifies as being higher priority positions that are staffed at levels not likely to ensure efficient and effective performance of all of the responsibilities of those positions.

    (d) STRATEGIC ASSESSMENT AND PLAN- (1) The Secretary of Defense shall--

      (A) assess the extent to which the Department of Defense can recruit, retain, train, and provide professional development opportunities for acquisition professionals over the 10-fiscal year period beginning with fiscal year 2006; and

      (B) develop a human resources strategic plan for the defense acquisition and support workforce that includes objectives and planned actions for improving the management of such workforce.

    (2) The Secretary shall submit to Congress, not later than April 1, 2006, a report on the progress made in--

      (A) completing the assessment required under paragraph (1); and

      (B) completing and implementing the strategic plan required under such paragraph.

    (e) DEFENSE ACQUISITION AND SUPPORT WORKFORCE DEFINED- In this section, the term `defense acquisition and support workforce' means members of the Armed Forces and civilian personnel who are assigned to, or are employed in, an organization of the Department of Defense that has acquisition as its predominant mission, as determined by the Secretary of Defense.

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

    Section 1732 of title 10, United States Code, is amended--

      (1) in subsection (c)--

        (A) by striking `(b)(2)(A) and (b)(2)(B)' each place it appears in paragraphs (1) and (2) and inserting `(b)(1)(A) and (b)(1)(B)'; and

        (B) by striking paragraph (3); and

      (2) in subsection (d)(2), by striking `(b)(2)A)(ii)' and inserting `(b)(1)(A)(ii)'.

SEC. 834. 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 for the defense acquisition workforce development or implemented after the date of the enactment of this Act includes comprehensive information on the requirements described in subsection (a).

Subtitle E--Other Matters

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

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

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

    (a) CODIFICATION AND MODIFICATION OF LIMITATION-

      (1) IN GENERAL- Chapter 141 of title 10, United States Code, as amended by section 821(a)(1) of this Act, is further amended by adding at the end the following new section:

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

    `(a) IN GENERAL- Except as provided in subsection (b), a military department may not modify an aircraft, vessel, weapon, or other item of equipment if the military department plans to retire or otherwise dispose of such equipment within 5 years of the date of the completion of such modification.

    `(b) EXCEPTIONS- The prohibition in subsection (a) shall not apply to any modification as follows:

      `(1) A modification for safety purposes.

      `(2) Any other modification but only if the aggregate cost of all such modifications for the aircraft, vessel, weapon, or other item of equipment concerned during any fiscal year, including any procurement, installation, or removal costs, is less than $100,000.

    `(c) WAIVER- The Secretary of a military department may waive the prohibition in subsection (a) with respect to a modification referred to in that subsection if such Secretary--

      `(1) determines that the waiver is in the national security interests of the United States; and

      `(2) notifies the congressional defense committees of such determination in writing.'.

      (2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter, as amended by section 821(a)(2) of this Act, is further amended by adding at the end the following new item:

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

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

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

    (a) SCOPE OF AUTHORITY- Subsection (c) of section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note) is amended--

      (1) by striking `combat capability' each place it appears; and

      (2) by striking `fatalities' each place it appears and inserting `casualties'.

    (b) DELEGATION OF AUTHORITY- Such subsection is further amended in paragraph (1) by inserting `below the Deputy Secretary of Defense' after `delegation'.

    (c) WAIVER AUTHORITY- Subsection (d)(1) of such section is further amended--

      (1) in subparagraph (B), by striking `or';

      (2) in subparagraph (C), by striking the period and inserting `; or'; and

      (3) by adding at the end the following new subparagraph:

      `(D) domestic source or content restrictions that would inhibit or impede the rapid acquisition of the equipment.'.

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

    Section 845 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amended--

      (1) in subsection (a)--

        (A) by striking `The Director' and inserting `(1) Subject to paragraph (2), the Director'; and

        (B) by adding at the end the following new paragraph:

    `(2) The authority of this section--

      `(A) does not extend to any prototype project that is expected to cost in excess of $100,000,000; and

      `(B) may be exercised for a prototype project that is expected to cost in excess of $20,000,000 only upon a written determination by the senior procurement executive for the agency (as designated for the purpose of section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c)) that--

        `(i) the requirements of subsection (d) will be met; and

        `(ii) the use of a standard contact, grant, or cooperative agreement for such project is not feasible or appropriate.';

      (2) by redesignating subsection (h) as subsection (i); and

      (3) by inserting after subsection (g) the following new subsection (h):

    `(h) APPLICABILITY OF PROCUREMENT ETHICS REQUIREMENTS- An agreement entered into under the authority of this section shall be treated as a Federal agency procurement for the purposes of section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423).'.

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

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

SEC. 846. PILOT PROGRAM ON EXPANDED PUBLIC-PRIVATE PARTNERSHIPS FOR RESEARCH AND DEVELOPMENT.

    (a) Pilot Program Authorized- The Secretary of Defense may carry out a pilot program to authorize the organizations referred to in subsection (b) to enter into cooperative research and development agreements under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) in order to assess the benefits of such agreements for such organizations and for the Department of Defense as a whole.

    (b) Covered Organizations- The organizations referred to in this subsection are as follows:

      (1) The National Defense University.

      (2) The Defense Acquisition University.

      (3) The Joint Forces Command.

      (4) The United States Transportation Command.

    (c) Limitation- No agreement may be entered into, or continue in force, under the pilot program under subsection (a) after September 30, 2009.

    (d) Report- Not later than February 1, 2009, the Secretary shall submit to the congressional defense committees a report on the pilot program under subsection (a). The report shall include--

      (1) a description of any agreements entered into under the pilot program; and

      (2) the assessment of the Secretary of the benefits of the agreements entered into under the pilot program for the organizations referred to in subsection (b) and for the Department of Defense as a whole.

SEC. 847. INCREASED LIMIT APPLICABLE TO ASSISTANCE PROVIDED UNDER CERTAIN PROCUREMENT TECHNICAL ASSISTANCE PROGRAMS.

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

SEC. 848. REPORTS OF ADVISORY PANEL ON LAWS AND REGULATIONS ON ACQUISITION PRACTICES.

    (a) EXTENSION OF FINAL REPORT- 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 `two years'.

    (b) REQUIREMENT FOR INTERIM REPORT- That section is further amended--

      (1) by inserting `(1)' before `Not later than'; and

      (2) by adding at the end the following new paragraph:

    `(2) Not later than one year after the date of the establishment of the panel, the panel shall submit to the official and committees referred to in paragraph (1) an interim report on the matters set forth in that paragraph.'.

SEC. 849. EXCLUSION OF CERTAIN SECURITY EXPENSES FROM CONSIDERATION FOR PURPOSE OF SMALL BUSINESS SIZE STANDARDS.

    Section 3(a) of the Small Business Act (15 U.S.C. 632(a)), is amended by adding at the end the following:

    `(4) Exclusion of certain security expenses from consideration for purpose of small business size standards-

      `(A) DETERMINATION REQUIRED- Not later than 30 days after the date of enactment of this paragraph, the Administrator shall review the application of size standards established pursuant to paragraph (2) to small business concerns 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. 850. SMALL BUSINESS CONTRACTING IN OVERSEAS PROCUREMENTS.

    Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended by adding at the end the following:

    `(3) Small business contracting in overseas procurements-

      `(A) STATEMENT OF CONGRESSIONAL POLICY- It is the policy of the Congress that Federal agencies shall endeavor to meet the contracting goals established under this subsection, regardless of the geographic area in which the contracts will be performed.

      `(B) AUTHORIZATION TO USE CONTRACTING MECHANISMS- Federal agencies are authorized to use any of the contracting mechanisms authorized in this Act for the purpose of complying with the Congressional policy set forth in subparagraph (A).

      `(C) REPORT TO CONGRESSIONAL COMMITTEES- Not later than 1 year after the date of enactment of this paragraph, the Administrator and the Chief Counsel for Advocacy shall submit to the Committee on Small Business and Entrepreneurship of the Senate and Committee on Small Business of the House of Representatives a report on the activities undertaken by Federal agencies, offices, and departments to carry out this paragraph.'.

SEC. 851. FAIR ACCESS TO MULTIPLE-AWARD CONTRACTS.

    Section 15(g) of the Small Business Act (15 U.S.C. 644(g)) is amended by adding at the end the following:

    `(3) Fair access to multiple-award contracts-

      `(A) STATEMENT OF CONGRESSIONAL POLICY- It is the policy of the Congress that Federal agencies shall endeavor to meet the contracting goals established under this subsection with regard to orders under multiple-award contracts, including Federal Supply Schedule contracts and multi-agency contracts.

      `(B) AUTHORIZATION FOR LIMITED COMPETITION- The head of a contracting agency may include in any contract entered under section 2304a(d)(1)(B) or 2304b(e) of title 10, United States Code, a clause setting aside a specific share of awards under such contract pursuant to a competition that is limited to small business concerns, if the head of the contracting agency determines that such limitation is necessary to comply with the congressional policy stated in subparagraph (A).

      `(C) REPORT REQUIREMENT-

        `(i) IN GENERAL- Not later than 180 days after the date of enactment of this paragraph, the Administrator shall submit a report on the level of participation of small business concerns in multiple-award contracts, including Federal Supply Schedule contracts, to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives.

        `(ii) CONTENTS- The report required by clause (i) shall include, for the most recent 2-year period for which data are available--

          `(I) the total number of multiple-award contracts;

          `(II) the total number of small business concerns that received multiple-award contracts;

          `(III) the total number of orders under multiple-award contracts;

          `(IV) the total value of orders under multiple-award contracts;

          `(V) the number of orders received by small business concerns under multiple-award contracts;

          `(VI) the value of orders received by small business concerns under multiple-award contracts;

          `(VII) the number of small business concerns that received orders under multiple-award contracts; and

          `(VIII) such other information as may be relevant.'.

SEC. 852. DISASTER RELIEF FOR SMALL BUSINESS CONCERNS DAMAGED BY DROUGHT.

    (a) Drought Disaster Authority-

      (1) DEFINITION OF DISASTER- Section 3(k) of the Small Business Act (15 U.S.C. 632(k)) is amended--

        (A) by inserting `(1)' after `(k)'; and

        (B) by adding at the end the following:

    `(2) For purposes of section 7(b)(2), the term `disaster' includes--

      `(A) drought; and

      `(B) below average water levels in the Great Lakes, or on any body of water in the United States that supports commerce by small business concerns.'.

      (2) DROUGHT DISASTER RELIEF AUTHORITY- Section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) is amended--

        (A) by inserting `(including drought), with respect to both farm-related and nonfarm-related small business concerns,' before `if the Administration'; and

        (B) in subparagraph (B), by striking `the Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1961)' and inserting the following: `section 321 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961), in which case, assistance under this paragraph may be provided to farm-related and nonfarm-related small business concerns, subject to the other applicable requirements of this paragraph'.

    (b) Limitation on Loans- From funds otherwise appropriated for loans under section 7(b) of the Small Business Act (15 U.S.C. 636(b)), not more than $9,000,000 may be used during each of fiscal years 2005 through 2008, to provide drought disaster loans to nonfarm-related small business concerns in accordance with this section and the amendments made by this section.

    (c) Prompt Response to Disaster Requests- Section 7(b)(2)(D) of the Small Business Act (15 U.S.C. 636(b)(2)(D)) is amended by striking `Upon receipt of such certification, the Administration may' and inserting `Not later than 30 days after the date of receipt of such certification by a Governor of a State, the Administration shall respond in writing to that Governor on its determination and the reasons therefore, and may'.

    (d) Rulemaking- Not later than 45 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall promulgate final rules to carry out this section and the amendments made by this section.

SEC. 853. RADIO FREQUENCY IDENTIFIER TECHNOLOGY.

    (a) Small Business Strategy- As part of implementing its requirement that contractors use radio frequency identifier technology, the Secretary of Defense shall develop and implement a strategy to educate the small business community regarding radio frequency identifier technology requirements, compliance, standards, and opportunities.

    (b) Reporting- Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit a report to the Committee on Small Business and Entrepreneurship and the Committee on Armed Services of the Senate and the Committee on Small Business and the Committee on Armed Services of the House of Representatives detailing the status of the efforts by the Secretary of Defense to establish requirements for radio frequency identifier technology used in Department of Defense contracting, including--

      (1) standardization of the data required to be reported by such technology;

      (2) standardization of the manufacturing quality required for such technology; and

      (3) the status of the efforts of the Secretary of Defense to develop and implement a strategy to educate the small business community, as required by section (a).

SEC. 854. ENSURING TRANSPARENCY IN FEDERAL CONTRACTING.

    (a) Publication of Information on Federal Contractor Penalties and Violations-

      (1) The Secretary of Defense shall maintain a publicly-available website that provides information on instances in which major contractors have been fined, paid penalties or restitution, settled, plead guilty to, or had judgments entered against them in connection with allegations of improper conduct. The website shall be updated not less than once a year.

      (2) For the purpose of this subsection, a major contractor is a contractor that receive at least $100,000,000 in Federal contracts in the most recent fiscal year for which data are available.

    (b) Report on Federal Sole Source Contracts Related to Iraq Reconstruction-

      (1) REPORT REQUIRED- Not later than 120 days after the date of the enactment of this Act, the Administrator for Federal Procurement Policy shall submit to Congress a report on all sole source contracts in excess of $2,000,000 entered into by executive agencies in connection with Iraq reconstruction from January 1, 2003, through the date of the enactment of this Act.

      (2) CONTENT- The report submitted under paragraph (1) shall include the following information with respect to each such contract:

        (A) The date the contract was awarded.

        (B) The contract number.

        (C) The name of the contractor.

        (D) The amount awarded.

        (E) A brief description of the work to be performed under the contract.

      (3) EXECUTIVE AGENCY DEFINED- In this subsection, the term `executive agency' has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).

SEC. 855. TERMINATION OF PROGRAM.

    Section 711(c) of the Small Business Competitive Demonstration Program Act of 1988 (15 U.S.C. 644 note) is amended by inserting after `January 1, 1989' the following: `, and shall terminate on the date of enactment of the National Defense Authorization Act for Fiscal Year 2006'.

SEC. 856. MODIFICATION OF LIMITED ACQUISITION AUTHORITY FOR THE COMMANDER OF THE UNITED STATES JOINT FORCES COMMAND.

    (a) Scope of Authority- Subsection (a) of section 167a of title 10, United States Code, is amended by striking and `and acquire' and inserting `, acquire, and sustain'.

    (b) Inapplicability to Certain Systems Funded With Operation and Maintenance Funds- Subsection (d) of such section is amended--

      (1) in paragraph (1), by striking `or' at the end;

      (2) in paragraph (2), by striking the period at the end and inserting `; or'; and

      (3) by adding at the end the following new paragraph:

      `(3) the total expenditure for operation and maintenance is estimated to be $2,000,000 or more.'.

    (c) Extension of Authority- Subsection (f) of such section is amended--

      (1) by striking `through 2006' and inserting `through 2009'; and

      (2) by striking `September 30, 2006' and inserting `September 30, 2009'.

SEC. 857. CONTRACTING INCENTIVE FOR SMALL POWER PLANTS ON FORMER MILITARY BASES.

      (a) Authorization- Notwithstanding the limitation in section 501(b)(1)(B) of title 40, United States Code, the Administrator of the General Services Administration is authorized to contract for public utility services for a period of not more than 20 years, provided that such services are electricity services procured from a small power plant located on a qualified HUBZone base closure area.

      (b) Definition of Small Power Plant- In this section, the term small power plant includes any power facility or project with electrical output of not more than 60 megawatts.

      (c) Definition of Public Utility Electric Services- In this section, the term `public utility services', with respect to electricity services, includes electricity supplies and services, including transmission, generation, distribution, and other services directly used in providing electricity.

      (d) Definition of HUBZone Base Closure Area- In this section, the term `HUBZone base closure area' has the same meaning as such term is defined in section 3(p)(4)(D) the Small Business Act, 15 U.S.C. 632(p)(4)(D).

      (e) Applicability of Other Provisions of Law- Contracting pursuant to this section shall be subject to all other laws and regulations applicable to contracting for public utility services.

SEC. 858. EXTENSION OF ANNUAL REPORTS ON MATURITY OF TECHNOLOGY AT INITIATION OF MAJOR DEFENSE ACQUISITION PROGRAMS.

    Section 804(a) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1180) is amended by striking `through 2006' and inserting `through 2010'.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

SEC. 901. DIRECTORS OF SMALL BUSINESS PROGRAMS.

    (a) REDESIGNATION OF EXISTING POSITIONS AND OFFICES- (1) Each of the following positions within the Department of Defense is redesignated as the Director of Small Business Programs:

      (A) The Director of Small and Disadvantaged Business Utilization of the Department of Defense.

      (B) The Director of Small and Disadvantaged Business Utilization of the Department of the Army.

      (C) The Director of Small and Disadvantaged Business Utilization of the Department of the Navy.

      (D) The Director of Small and Disadvantaged Business Utilization of the Department of the Air Force.

    (2) Each of the following offices within the Department of Defense is redesignated as the Office of Small Business Programs:

      (A) The Office of Small and Disadvantaged Business Utilization of the Department of Defense.

      (B) The Office of Small and Disadvantaged Business Utilization of the Department of the Army.

      (C) The Office of Small and Disadvantaged Business Utilization of the Department of the Navy.

      (D) The Office of Small and Disadvantaged Business Utilization of the Department of the Air Force.

    (3) Any reference in any law, regulation, document, paper, or other record of the United States to a position or office redesignated by paragraph (1) or (2) shall be deemed to be a reference to the position or office as so redesignated.

    (b) DEPARTMENT OF DEFENSE POSITION AND OFFICE- (1) Chapter 4 of title 10, United States Code, is amended by inserting after section 133b the following new section:

`Sec. 133c. Director of Small Business Programs

    `(a) DIRECTOR- There is a Director of Small Business Programs in the Department of Defense. The Director is appointed by the Secretary of Defense.

    `(b) OFFICE OF SMALL BUSINESS PROGRAMS- The Office of Small Business Programs of the Department of Defense is the office that is established within the Office of the Secretary of Defense under section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the head of such office.

    `(c) DUTIES AND POWERS- (1) The Director of Small Business Programs shall, subject to paragraph (2), perform such duties regarding small business programs of the Department of Defense, and shall exercise such powers regarding those programs, as the Secretary of Defense may prescribe.

    `(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), except for the designations of the Director and the Office, applies to the Director of Small Business Programs.'.

    (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 133b the following new item:

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

    (c) DEPARTMENT OF THE ARMY POSITION AND OFFICE- (1) Chapter 303 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 3024. Director of Small Business Programs

    `(a) DIRECTOR- There is a Director of Small Business Programs in the Department of the Army. The Director is appointed by the Secretary of the Army.

    `(b) OFFICE OF SMALL BUSINESS PROGRAMS- The Office of Small Business Programs of the Department of the Army is the office that is established within the Department of the Army under section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the head of such office.

    `(c) DUTIES AND POWERS- (1) The Director of Small Business Programs shall, subject to paragraph (2), perform such duties regarding small business programs of the Department of the Army, and shall exercise such powers regarding those programs, as the Secretary of the Army may prescribe.

    `(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), except for the designations of the Director and the Office, applies to the Director of Small Business Programs.'.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      `3024. Director of Small Business Programs.'.

    (d) DEPARTMENT OF THE NAVY POSITION AND OFFICE- (1) Chapter 503 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 5028. Director of Small Business Programs

    `(a) DIRECTOR- There is a Director of Small Business Programs in the Department of the Navy. The Director is appointed by the Secretary of the Navy.

    `(b) OFFICE OF SMALL BUSINESS PROGRAMS- The Office of Small Business Programs of the Department of the Navy is the office that is established within the Department of the Navy under section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the head of such office.

    `(c) DUTIES AND POWERS- (1) The Director of Small Business Programs shall, subject to paragraph (2), perform such duties regarding small business programs of the Department of the Navy, and shall exercise such powers regarding those programs, as the Secretary of the Navy may prescribe.

    `(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), except for the designations of the Director and the Office, applies to the Director of Small Business Programs.'.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      `5028. Director of Small Business Programs.'.

    (d) DEPARTMENT OF THE AIR FORCE POSITION AND OFFICE- (1) Chapter 803 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 8024. Director of Small Business Programs

    `(a) DIRECTOR- There is a Director of Small Business Programs in the Department of the Air Force. The Director is appointed by the Secretary of the Air Force.

    `(b) OFFICE OF SMALL BUSINESS PROGRAMS- The Office of Small Business Programs of the Department of the Air Force is the office that is established within the Department of the Air Force under section 15(k) of the Small Business Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the head of such office.

    `(c) DUTIES AND POWERS- (1) The Director of Small Business Programs shall, subject to paragraph (2), perform such duties regarding small business programs of the Department of the Air Force, and shall exercise such powers regarding those programs, as the Secretary of the Air Force may prescribe.

    `(2) Section 15(k) of the Small Business Act (15 U.S.C. 644(k)), except for the designations of the Director and the Office, applies to the Director of Small Business Programs.'.

    (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      `8024. Director of Small Business Programs.'.

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

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

    (b) COORDINATION OF ACTIVITIES- The official designated as executive agent under subsection (a) shall, in order to promote commonality and limit duplication of effort, coordinate in the acquisition of capabilities described in that subsection with appropriate officials of the following:

      (1) The Missile Defense Agency.

      (2) The Joint Theater Air and Missile Defense Organization.

      (3) The United States Northern Command.

      (4) The United States Strategic Command.

      (5) Such other elements of the Department of Defense, and of other departments and agencies of the United States Government, as the Secretary considers appropriate for purposes of this section.

    (c) PLAN FOR DEFENSE AGAINST ATTACK-

      (1) PLAN REQUIRED- Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan for the defense of the United States against cruise missiles, unmanned aerial vehicles, and other low altitude aircraft that may be launched against the United States.

      (2) FOCUS OF PLAN- In developing the plan, the Secretary shall focus on the role of Department of Defense components in the defense of the United States against an attack described in paragraph (1), but shall also address the role, if any, of other departments and agencies of the United States Government in that defense.

      (3) ELEMENTS- The plan shall include the following:

        (A) An identification of the capabilities required by the Department of Defense in order to fulfill its mission to defend the homeland against cruise missiles, unmanned aerial vehicles, and other low altitude aircraft, and an identification of any current shortfalls in such capabilities.

        (B) A schedule for implementing the plan.

        (C) A statement of the funding required to implement the Department of Defense portion of the plan.

        (D) An identification of the roles and missions, if any, of other departments and agencies of the United States Government in contributing to the defense of the United States against attack described in subparagraph (A).

      (4) SCOPE OF PLAN- The plan shall be coordinated with Department of Defense plans for defending the United States against attack by short-range to medium-range ballistic missiles.

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

    (a) Provision on Nonreimbursable Basis- Section 912 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2623; 10 U.S.C. 111 note) is amended--

      (1) in subsection (a)--

        (A) in the subsection caption, by inserting `and Audiovisual Support Services' after `Telecommunications Support'; and

        (B) by inserting `and audiovisual support services' after `provision of telecommunications support'; and

      (2) in subsection (b), by inserting `and audiovisual' after `other than telecommunications'.

    (b) Effective Date- The amendments made by subsection (a) shall take effect on October 1, 2005, and shall apply with respect to the provision of audiovisual support services by the White House Communications Agency in fiscal years beginning on or after that date.

SEC. 904. AMERICAN FORCES NETWORK.

    (a) Findings- The Senate makes the following findings:

      (1) The mission of the American Forces Radio and Television Service (AFRTS) and its American Forces Network (AFN), a worldwide radio and television broadcast network, is to deliver command information by providing United States military commanders overseas and at sea with a broadcast media that effectively communicates information to personnel under their commands, including information from the Department of Defense, information from the Armed Forces, and information unique to the theater and localities in which such personnel are stationed or deployed.

      (2) The American Forces Radio and Television Service and the American Forces Network provide a `touch of home' to members of the Armed Forces, civilian employees of the Department of Defense, and their families stationed at bases and at embassies and consulates in more than 179 countries, as well as Navy, Coast Guard, and Military Sealift Command ships at sea, by providing the same type and quality of radio and television programming (including news, information, sports, and entertainment) that would be available in the continental United States. Additionally, the American Forces Network plays an important role in enabling military commanders to disseminate official information to members of the Armed Forces and their families, thus making popularity and acceptance key factors in ensuring effective communication.

      (3) It is American Forces Radio and Television Service and American Forces Network policy that, except for the Pentagon Channel service, programming is acquired from distributors of the most popular television program airing in the continental United States. Much of the programming is provided at no cost to the United States Government. The remainder of the programming is provided at less-than-market rates to cover distributors' costs and obligations. Depending on the audience segment or demographic targeted, programs that perform well are acquired and scheduled to maximize audiences for internal and command information exposure.

      (4) American Forces Radio and Television Service and American Forces Network select programming that represents a cross-section of popular American radio and television, tailored toward the worldwide audience of the American Forces Radio and Television Service and the American Forces Network. Schedules emulate programming practices in the United States, and programs are aired in accordance with network broadcast standards. Specifically, policy on programming seeks--

        (A) to provide balance and diversity;

        (B) to deliver a cross-section of popular programming;

        (C) to target appropriate demographics; and

        (D) to maintain network broadcast standards.

      (5) The `Voice Channel', or radio programming, of the American Forces Radio and Television Service and American Forces Network is chosen to address requirements specified by the military broadcasting services and the detachment commanders of their affiliate radio stations. American Forces Network Radio makes a best faith effort to obtain the top-rated program of its sort at the time of selection, at no cost to the United States Government. American Forces Network Radio usually retains a scheduled program until it is no longer produced, too few American Forces Network affiliates choose to schedule the program locally, or a similar program so thoroughly dominates its audience in the United States that the American Forces Radio and Television Service switches to this program to offer the higher rated show to the overseas audience.

      (6) American Forces Network Radio personnel review the major trade publications to monitor announcements of new programs, follow the ratings of established programs, and keep aware of programming trends. When a program addressing a need identified by a Military Broadcasting Service or an American Forces Network affiliate becomes available to the American Forces Network, or a program seems especially worthy of consideration, American Forces Network Radio informs the affiliates and supplies samples to gauge affiliate interest. If affiliates commit to broadcasting the new show, American Forces Network Radio seeks to schedule it.

      (7) The managers of the American Forces Radio and Television Service continually update their programming options and, in November 2005, decided to include additional programs that meet the criteria that American Forces Radio and Television Service managers apply to such decisions, and that, consistent with American Forces Radio and Television Service and American Forces Network procedures, local programmers at 33 locations around the globe decide which programs actually are broadcast. American Forces Radio and Television Service have consistently sought to provide a broad, high quality range of choices for local station managers.

    (b) Sense of Senate- It is the sense of the Senate that--

      (1) the men and women of the American Forces Radio and Television Service and the Armed Forces Network should be commended for providing a vital service to the military community worldwide; and

      (2) the programming mission, themes, and practices of the Department of Defense with respect to its television and radio programming have fairly and responsively fulfilled their mission of providing a `touch of home' to members of the Armed Forces and their families around the world and have contributed immeasurably to high morale and quality of life in the Armed Forces.

    (c) Authority To Appoint Ombudsman as Intermediary- The Secretary of Defense may appoint an individual to serve as ombudsman of the American Forces Network. Any ombudsman so appointed shall act as an intermediary between the staff of the American Forces Network and the Department of Defense, military commanders, and listeners to the programming of the American Forces Network.

SEC. 905. REPORT ON ESTABLISHMENT OF A DEPUTY SECRETARY OF DEFENSE FOR MANAGEMENT.

    (a) Not later than 15 days after the enactment of this Act, the Secretary of Defense shall select two Federally Funded Research and Development Centers to conduct independent studies of the feasibility and advisability of establishing a Deputy Secretary of Defense for Management. Each study under this section shall be delivered to the Secretary and the congressional defense committees not later than March 15, 2006.

    (b) CONTENT OF STUDIES- Each study required by 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) 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. 906. REDESIGNATION OF THE NAVAL RESERVE AS THE NAVY RESERVE.

    (a) Redesignation of Reserve Component- The reserve component of the Armed Forces known as the Naval Reserve is redesignated as the Navy Reserve.

    (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 a provision as follows and inserting `Navy Reserve':

        (A) Section 513(a).

        (B) Section 516.

        (C) Section 526(b)(2)(C)(i).

        (D) Section 971(a).

        (E) Section 5001(a)(1).

        (F) Section 5143.

        (G) Section 5596(c).

        (H) Section 6323(f).

        (I) Section 6327.

        (J) Section 6330(b).

        (K) Section 6331(a)(2).

        (L) Section 6336.

        (M) Section 6389.

        (N) Section 6911(c)(1).

        (O) Section 6913(a).

        (P) Section 6915.

        (Q) Section 6954(b)(3).

        (R) Section 6956(a)(2).

        (S) Section 6959.

        (T) Section 7225.

        (U) Section 7226.

        (V) Section 7605(1).

        (W) Section 7852.

        (X) Section 7853.

        (Y) Section 7854.

        (Z) Section 10101(3).

        (AA) Section 10108.

        (BB) Section 10172.

        (CC) Section 10301(a)(7).

        (DD) Section 10303.

        (EE) Section 12004(e)(2).

        (FF) Section 12005.

        (GG) Section 12010.

        (HH) Section 12011(a)(2).

        (II) Section 12012(a).

        (JJ) Section 12103.

        (KK) Section 12205.

        (LL) Section 12207(b)(2).

        (MM) Section 12732.

        (NN) Section 12774(b) (other than the first place it appears).

        (OO) Section 14002(b).

        (PP) Section 14101(a)(1).

        (QQ) Section 14107(d).

        (RR) Section 14302(a)(1)(A).

        (SS) Section 14313(b).

        (TT) Section 14501(a).

        (UU) Section 14512(b).

        (VV) Section 14705(a).

        (WW) Section 16201(d)(1)(B)(ii).

      (2) CAPTION AMENDMENTS- Such title is further amended by striking `NAVAL RESERVE' each place it appears in a provision as follows and inserting `NAVY RESERVE':

        (A) Section 971(a).

        (B) Section 5143(a).

      (3) SECTION HEADING AMENDMENTS- (A) The heading of section 5143 of such title is amended to read as follows:

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

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

`Sec. 7225. Navy Reserve flag'.

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

`Sec. 7226. Navy Reserve yacht pennant'.

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

`Sec. 10108. Navy Reserve: administration'.

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

`Sec. 10172. Navy Reserve Force'.

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

`Sec. 10303. Navy Reserve Policy Board'.

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

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

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

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

      (4) TABLES OF CONTENTS AMENDMENTS- (A) The table of sections at the beginning of chapter 513 of such title is amended by striking the item relating to section 5143 and inserting the following new item:

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

      (B) The table of sections at the beginning of chapter 571 of such title is amended by striking the item relating to section 6327 and inserting the following new item:

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

      (C) The table of sections at the beginning of chapter 573 of such title is amended by striking the item relating to section 6389 and inserting the following new item:

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

      (D) The table of sections at the beginning of chapter 631 of such title is amended by striking the items relating to sections 7225 and 7226 and inserting the following new items:

      `7225. Navy Reserve flag.

      `7226. Navy Reserve yacht pennant.'.

      (E) The table of sections at the beginning of chapter 1003 of such title is amended by striking the item relating to section 10108 and inserting the following new item:

      `10108. Navy Reserve: administration.'.

      (F) The table of sections at the beginning of chapter 1006 of such title is amended by striking the item relating to section 10172 and inserting the following new item:

      `10172. Navy Reserve Force.'.

      (G) The table of sections at the beginning of chapter 1009 of such title is amended by striking the item relating to section 10303 and inserting the following new item:

      `10303. Navy Reserve Policy Board.'.

      (H) The table of sections at the beginning of chapter 1201 of such title is amended by striking the item relating to section 12010 and inserting the following new item:

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

      (I) The table of sections at the beginning of chapter 1405 of such title is amended by striking the item relating to section 14306 and inserting the following new item:

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

    (c) CONFORMING AMENDMENT TO TITLE 14, UNITED STATES CODE- Section 705 of title 14, United States Code, is amended by striking `Naval Reserve' each place it appears and inserting `Navy Reserve'.

    (d) CONFORMING AMENDMENTS TO TITLE 37, UNITED STATES CODE-

      (1) TEXT AMENDMENTS- Title 37, United States Code, is amended by striking `Naval Reserve' each place it appears in a provision as follows 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) 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 a provision as follows 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- (A) Title 46, United States Code, is amended by striking `Naval Reserve' each place it appears in a provision as follows and inserting `Navy Reserve':

        (i) Section 8103(g).

        (ii) Section 8302(g).

      (B) The heading of section 8103 of such title is amended to read as follows:

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

      (C) The table of sections at the beginning of chapter 81 of such title 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)(A) The Merchant Marine Act, 1936 is amended by striking `Naval Reserve' each place it appears in a provision as follows and inserting `Navy Reserve':

        (i) Section 301(b) (46 U.S.C. App. 1131(b)).

        (ii) Section 1303 (46 U.S.C. App. 1295b).

        (iii) Section 1304 (46 U.S.C. App. 1295c).

      (B) Such Act is further amended by striking `NAVAL RESERVE' each place it appears in a provision as follows and inserting `NAVY RESERVE':

        (i) Section 1303(c).

        (ii) 1304(h).

      (3)(A) Section 6(a)(1) of the Military Selective Service Act (50 U.S.C. App. 456(a)(1)) is amended by striking `United States Naval Reserves' and inserting `members of the United States Navy Reserve'.

      (B) Section 16(i) of such Act (50 U.S.C. App. 466(i)) is amended by striking `Naval Reserve' and inserting `Navy Reserve'.

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

SEC. 907. RESPONSIBILITY OF THE JOINT CHIEFS OF STAFF AS MILITARY ADVISERS TO THE HOMELAND SECURITY COUNCIL.

    (a) Responsibility as Military Advisers-

      (1) IN GENERAL- Subsection (b) of section 151 of title 10, United States Code, is amended--

        (A) in paragraph (1), by inserting `the Homeland Security Council,' after `the National Security Council,'; and

        (B) in paragraph (2), by inserting `the Homeland Security Council,' after `the National Security Council,'.

      (2) CONSULTATION BY CHAIRMAN- Subsection (c)(2) of such section is amended by inserting `the Homeland Security Council,' after `the National Security Council,' both places it appears.

      (3) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIRMAN- Subsection (d) of such section is amended--

        (A) in paragraph (1), by inserting `the Homeland Security Council,' after `the National Security Council,' both places it appears; and

        (B) in paragraph (2), by inserting `the Homeland Security Council,' after `the National Security Council,'.

      (4) ADVICE ON REQUEST- Subsection (e) of such section is amended by inserting `the Homeland Security Council,' after `the National Security Council,' both places it appears.

    (b) Attendance at Meeting of Homeland Security Council- Section 903 of the Homeland Security Act of 2002 (6 U.S.C. 493) is amended--

      (1) by inserting `(a) Members- ' before `The members'; and

      (2) by adding at the end the following new subsection:

    `(b) Attendance of Chairman of Joint Chiefs of Staff at Meetings- The Chairman of the Joint Chiefs of Staff (or, in the absence of the Chairman, the Vice Chairman of the Joint Chiefs of Staff) may, in the role of the Chairman of the Joint Chiefs of Staff as principal military adviser to the Homeland Security Council and subject to the direction of the President, attend and participate in meetings of the Homeland Security Council.'.

Subtitle B--Space Activities

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

    (a) ADVISORY COMMITTEE REQUIRED-

      (1) IN GENERAL- The Secretary of Defense shall provide for an advisory committee to review and assess Department of Defense requirements for space control.

      (2) NEW OR EXISTING ADVISORY COMMITTEE- The Secretary may carry out paragraph (1) through the establishment of a new advisory committee, or the utilization of a current advisory committee, meeting the requirements of subsection (b)(1).

    (b) MEMBERSHIP AND ADMINISTRATION OF ADVISORY COMMITTEE-

      (1) MEMBERSHIP- The advisory committee under subsection (a) shall consist of individuals from among officers and employees of the Federal Government, and private citizens of the United States, with knowledge and expertise in national security space policy.

      (2) ADMINISTRATION- The Secretary shall establish appropriate procedures for the administration of the advisory committee for purposes of this section, including designation of the chairman of the advisory committee from among its members.

      (3) SECURITY CLEARANCES- All members of the advisory committee shall hold security clearances appropriate for the work of the advisory committee.

      (4) FIRST MEETING- The advisory committee shall convene its first meeting for purposes of this section not later than 30 days after the date on which all members of the advisory committee have been selected for such purposes.

    (c) DUTIES- The advisory committee shall conduct a review and assessment of the following:

      (1) The requirements of the Department of Defense for its space control mission and the efforts of the Department to fulfill such requirements.

      (2) Whether or not the Department of Defense is allocating appropriate resources to fulfill the current space control mission of the Department when compared with the allocation by the Department of resources to other military space missions.

      (3) The plans of the Department of Defense to meet its future space control mission.

    (d) INFORMATION FROM FEDERAL AND STATE AGENCIES-

      (1) IN GENERAL- The advisory committee may secure directly from the Department of Defense, from any other department or agency of the Federal Government, and any State government any information that the advisory committee considers necessary to carry out its duties under this section.

      (2) LIAISON- The Secretary of Defense shall designate at least one senior civilian employee of the Department of Defense and at least one general or flag officer of an Armed Force to serve as liaison between the Department, the Armed Forces, and the advisory committee for purposes of this section.

    (e) REPORT-

      (1) IN GENERAL- Not later than 6 months after the date of the first meeting of the advisory committee under subsection (b)(4), the advisory committees shall submit to the Secretary of Defense and the congressional defense committees a report on the results of the review and assessment under subsection (c).

      (2) ELEMENTS- The report shall include--

        (A) the findings and conclusions of the advisory committee on the requirements of the Department of Defense for its space control mission and the efforts of the Department to fulfill such requirements; and

        (B) any recommendations that the advisory committee considers appropriate regarding the best means by which the Department may fulfill such requirements.

    (f) TERMINATION- The advisory committee shall terminate for purposes of this section 10 months after the date of the first meeting of the advisory committee under subsection (b)(4).

    (g) SPACE CONTROL MISSION- In this section, the term `space control mission' means the mission of the Department of Defense involving the following:

      (1) Space situational awareness.

      (2) Defensive counterspace operations.

      (3) Offensive counterspace operations.

    (h) FUNDING- Amounts authorized to be appropriated to the Department of Defense shall be available to the Secretary of Defense for purposes of the activities of the advisory committee under this section.

Subtitle C--Other Matters

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

    (a) AUTHORITY TO ACCEPT-

      (1) IN GENERAL- Section 2611 of title 10, United States Code, is amended to read as follows:

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

    `(a) AUTHORITY TO ACCEPT GIFTS AND DONATIONS- Subject to subsection (c), the Secretary of Defense may, on behalf of any Department of Defense regional center for security studies, any combination of such centers, or such centers generally, accept from any source specified in subsection (b) any gift or donation for purposes of defraying the costs, or enhancing the operation, of such center, combination of centers, or centers generally, as the case may be.

    `(b) SOURCES- The sources from which gifts and donations may be accepted under subsection (a) are the following:

      `(1) The government of a State or a political subdivision of a State.

      `(2) The government of a foreign country.

      `(3) A foundation or other charitable organization, including a foundation or charitable organization this is organized or operates under the laws of a foreign country.

      `(4) Any source in the private sector of the United States or a foreign country.

    `(c) LIMITATION- The Secretary may not accept a gift or donation under subsection (a) if acceptance of the gift or donation would compromise or appear to compromise--

      `(1) the ability of the Department of Defense, any employee of the Department, or any member of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; or

      `(2) the integrity of any program of the Department, or of any person involved in such a program.

    `(d) CRITERIA FOR ACCEPTANCE- The Secretary shall prescribe written guidance setting forth the criteria to be used in determining whether the acceptance of a gift or donation would have a result described in subsection (c).

    `(e) CREDITING OF FUNDS- (1) There is established on the books of the Treasury of the United States an account to be known as the `Regional Centers for Security Studies Account'.

    `(2) Gifts and donations of money accepted under subsection (a) shall be credited to the Account, and shall be available until expended, without further appropriation, to defray the costs, or enhance the operation, of the regional center, combination of centers, or centers generally for which donated under that subsection.

    `(f) GIFT OR DONATION DEFINED- In this section, the term `gift or donation' means any gift or donation of funds, materials (including research materials), real or personal property, or services (including lecture services and faculty services).'.

      (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 155 of such title is amended by striking the item relating to section 2611 and inserting the following new item:

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

    (b) CONFORMING AMENDMENTS-

      (1) Section 1306 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892) is amended by striking subsection (a).

      (2) Section 1065 of the National Defense Authorization Act for Fiscal Year 1997 (10 U.S.C. 113 note) is amended--

        (A) by striking subsection (a); and

        (B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.

    (c) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 2005.

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

    (a) PROTECTION OF OPERATIONAL FILES OF DEFENSE INTELLIGENCE AGENCY- (1) Title VII of the National Security Act of 1947 (50 U.S.C. 431 et. seq.) is amended by adding at the end the following new section:

`OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE AGENCY

    `SEC. 705. (a) EXEMPTION OF OPERATIONAL FILES- The Director of the Defense Intelligence Agency, in coordination with the Director of National Intelligence, may exempt operational files of the Defense Intelligence Agency from the provisions of section 552 of title 5, United States Code, which require publication, disclosure, search, or review in connection therewith.

    `(b) OPERATIONAL FILES DEFINED- (1) In this section, the term `operational files' means--

      `(A) files of the Directorate of Human Intelligence of the Defense Intelligence Agency (and any successor organization of that directorate) that document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services; and

      `(B) files of the Directorate of Technology of the Defense Intelligence Agency (and any successor organization of that directorate) that document the means by which foreign intelligence or counterintelligence is collected through technical systems.

    `(2) Files that are the sole repository of disseminated intelligence are not operational files.

    `(c) SEARCH AND REVIEW FOR INFORMATION- Notwithstanding subsection (a), exempted operational files shall continue to be subject to search and review for information concerning:

      `(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of section 552 or 552a of title 5, United States Code.

      `(2) Any special activity the existence of which is not exempt from disclosure under the provisions of section 552 of title 5, United States Code.

      `(3) The specific subject matter of an investigation by any of the following for any impropriety, or violation of law, Executive Order, or Presidential directive, in the conduct of an intelligence activity:

        `(A) The Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.

        `(B) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.

        `(C) The Intelligence Oversight Board.

        `(D) The Department of Justice.

        `(E) The Office of General Counsel of the Department of Defense or of the Defense Intelligence Agency.

        `(F) The Office of Inspector General of the Department of Defense or of the Defense Intelligence Agency.

        `(G) The Office of the Director of the Defense Intelligence Agency.

    `(d) INFORMATION DERIVED OR DISSEMINATED FROM EXEMPTED OPERATIONAL FILES- (1) Files that are not exempted under subsection (a) and contain information derived or disseminated from exempted operational files shall be subject to search and review.

    `(2) The inclusion of information from exempted operational files in files that are not exempted under subsection (a) shall not affect the exemption under subsection (a) of the originating operational files from search, review, publication, or disclosure.

    `(3) The declassification of some of the information contained in exempted operational files shall not affect the status of the operational file as being exempt from search, review, publication, or disclosure.

    `(4) Records from exempted operational files that have been disseminated to and referenced in files that are not exempted under subsection (a) and that have been returned to exempted operational files for sole retention shall be subject to search and review.

    `(e) ALLEGATION; IMPROPER WITHHOLDING OF RECORDS; JUDICIAL REVIEW- (1) Except as provided in paragraph (2), whenever any person who has requested agency records under section 552 of title 5, alleges that the Defense Intelligence Agency has withheld records improperly because of failure to comply with any provision of this section, judicial review shall be available under the terms set forth in section 552(a)(4)(B) of title 5, United States Code.

    `(2) Judicial review shall not be available in the manner provided under paragraph (1) as follows:

      `(A) In any case in which information specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign relations which is filed with, or produced for, the court by the Defense Intelligence Agency, such information shall be examined ex parte, in camera by the court.

      `(B) The court shall determine, to the fullest extent practicable, issues of fact based on sworn written submissions of the parties.

      `(C) When a complainant alleges that requested records were improperly withheld because of improper placement solely in exempted operational files, the complainant shall support such allegation with a sworn written submission based upon personal knowledge or otherwise admissible evidence.

      `(D)(i) When a complainant alleges that requested records were improperly withheld because of improper exemption of operational files, the Defense Intelligence Agency shall meet its burden under section 552(a)(4)(B) of title 5, United States Code, by demonstrating to the court by sworn written submission that exempted operational files likely to contain responsible records currently perform the functions set forth in subsection (b).

      `(ii) The court may not order the Defense Intelligence Agency to review the content of any exempted operational file or files in order to make the demonstration required under clause (i), unless the complainant disputes the Defense Intelligence Agency's showing with a sworn written submission based on personal knowledge or otherwise admissible evidence.

      `(E) In proceedings under subparagraphs (C) and (D), the parties shall not obtain discovery pursuant to rules 26 through 36 of the Federal Rules of Civil Procedure, except that requests for admission may be made pursuant to rules 26 and 36.

      `(F) If the court finds under this subsection that the Defense Intelligence Agency has improperly withheld requested records because of failure to comply with any provision of this subsection, the court shall order the Defense Intelligence Agency to search and review the appropriate exempted operational file or files for the requested records and make such records, or portions thereof, available in accordance with the provisions of section 552 of title 5, United States Code, and such order shall be the exclusive remedy for failure to comply with this section (other than subsection (f)).

      `(G) If at any time following the filing of a complaint pursuant to this paragraph the Defense Intelligence Agency agrees to search the appropriate exempted operational file or files for the requested records, the court shall dismiss the claim based upon such complaint; and

      `(H) Any information filed with, or produced for the court pursuant to subparagraphs (A) and (D) shall be coordinated with the Director of National Intelligence before submission to the court.

    `(f) DECENNIAL REVIEW OF EXEMPTED OPERATIONAL FILES- (1) Not less than once every 10 years, the Director of the Defense Intelligence Agency and the Director of National Intelligence shall review the exemptions in force under subsection (a) to determine whether such exemptions may be removed from a category of exempted files or any portion thereof. The Director of National Intelligence must approve any determinations to remove such exemptions.

    `(2) The review required by paragraph (1) shall include consideration of the historical value or other public interest in the subject matter of the particular category of files or portions thereof and the potential for declassifying a significant part of the information contained therein.

    `(3) A complainant that alleges that the Defense Intelligence Agency has improperly withheld records because of failure to comply with this subsection may seek judicial review in the district court of the United States of the district in which any of the parties reside, or in the District of Columbia. In such a proceeding, the court's review shall be limited to determining the following:

      `(A) Whether the Defense Intelligence Agency has conducted the review required by paragraph (1) before the expiration of the 10-year period beginning on the date of the enactment of this section or before the expiration of the 10-year period beginning on the date of the most recent review.

      `(B) Whether the Defense Intelligence Agency, in fact, considered the criteria set forth in paragraph (2) in conducting the required review.'.

    (2) The table of contents for that Act is amended by inserting after the item relating to section 704 the following new item:

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

    (b) SEARCH AND REVIEW OF CERTAIN OTHER OPERATIONAL FILES- The National Security Act of 1947 is further amended--

      (1) in section 702(a)(3)(C) (50 U.S.C. 432(a)(3)(C)), by adding the following new clause:

        `(vi) The Office of the Inspector General of the National Geospatial-Intelligence Agency.';

      (2) in section 703(a)(3)(C) (50 U.S.C. 432a(a)(3)(C)), by adding at the end the following new clause:

        `(vii) The Office of the Inspector General of the NRO.'; and

      (3) in section 704(c)(3) (50 U.S.C. 432b(c)(3)), by adding at the end the following subparagraph:

        `(H) The Office of the Inspector General of the National Security Agency.'.

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

    No funds authorized to be appropriated by this Act may be obligated or expended to implement or enforce either of the following:

      (1) The order of the Secretary of the Air Force dated May 15, 2003, and entitled `Functions and Duties of the General Counsel and the Judge Advocate General'.

      (2) Any internal operating instruction or memorandum issued by the General Counsel of the Department of the Air Force in reliance upon the order referred to in paragraph (1).

SEC. 924. UNITED STATES MILITARY CANCER INSTITUTE.

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

`Sec. 2117. United States Military Cancer Institute

    `(a) ESTABLISHMENT- (1) There is a United States Military Cancer Institute in the University. The Director of the United States Military Cancer Institute is the head of the Institute.

    `(2) The Institute is composed of clinical and basic scientists in the Department of Defense who have an expertise in research, patient care, and education relating to oncology and who meet applicable criteria for participation in the Institute.

    `(3) The components of the Institute include military treatment and research facilities that meet applicable criteria and are designated as affiliates of the Institute.

    `(b) RESEARCH- (1) The Director of the United States Military Cancer Institute shall carry out research studies on the following:

      `(A) The epidemiological features of cancer, including assessments of the carcinogenic effect of genetic and environmental factors, and of disparities in health, inherent or common among populations of various ethnic origins.

      `(B) The prevention and early detection of cancer.

      `(C) Basic, translational, and clinical investigation matters relating to the matters described in subparagraphs (A) and (B).

    `(2) The research studies under paragraph (1) shall include complementary research on oncologic nursing.

    `(c) COLLABORATIVE RESEARCH- The Director of the United States Military Cancer Institute shall carry out the research studies under subsection (b) in collaboration with other cancer research organizations and entities selected by the Institute for purposes of the research studies.

    `(d) ANNUAL REPORT- (1) Promptly after the end of each fiscal year, the Director of the United States Military Cancer Institute shall submit to the President of the University a report on the results of the research studies carried out under subsection (b).

    `(2) Not later than 60 days after receiving the annual report under paragraph (1), the President of the University shall transmit such report to the Secretary of Defense and to Congress.'.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      `2117. United States Military Cancer Institute.'.

SEC. 925. AUTHORITY FOR UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY TO RECEIVE FACULTY RESEARCH GRANTS FOR CERTAIN PURPOSES.

    Section 9314 of title 10, United States Code, 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) For purposes of this subsection, a qualifying research grant 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) An entity referred to in this paragraph is 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 the administration of funds received as qualifying research grants under this subsection. Funds in the account with respect to a grant shall be used in accordance with the terms and condition of the grant and subject to applicable provisions of the regulations prescribed under paragraph (6).

    `(5) Subject to such limitations as may be provided in appropriations Acts, appropriations available for the United States Air Force Institute of Technology 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 of the Air Force shall prescribe regulations for purposes of the administration of this subsection.'.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

SEC. 1001. TRANSFER AUTHORITY.

    (a) AUTHORITY TO TRANSFER AUTHORIZATIONS-

      (1) AUTHORITY- Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2006 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

      (2) AGGREGATE LIMITATION- The total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $3,500,000,000.

    (b) LIMITATIONS- The authority provided by this section to transfer authorizations--

      (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and

      (2) may not be used to provide authority for an item that has been denied authorization by Congress.

    (c) EFFECT ON AUTHORIZATION AMOUNTS- A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.

    (d) NOTICE TO CONGRESS- The Secretary shall promptly notify Congress of each transfer made under subsection (a).

SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

    (a) STATUS OF CLASSIFIED ANNEX- The Classified Annex prepared by the Committee on Armed Services of the Senate to accompany its report on the bill S. 1042 of the One Hundred Ninth Congress and transmitted to the President is hereby incorporated into this Act.

    (b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT- The amounts specified in the Classified Annex are not in addition to amounts authorized to be appropriated by other provisions of this Act.

    (c) LIMITATION ON USE OF FUNDS- Funds appropriated pursuant to an authorization contained in this Act that are made available for a program, project, or activity referred to in the Classified Annex may only be expended for such program, project, or activity in accordance with such terms, conditions, limitations, restrictions, and requirements as are set out for that program, project, or activity in the Classified Annex.

    (d) DISTRIBUTION OF CLASSIFIED ANNEX- The President shall provide for appropriate distribution of the Classified Annex, or of appropriate portions of the annex, within the executive branch of the Government.

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

    (a) Fiscal Year 2006 Limitation- The total amount contributed by the Secretary of Defense in fiscal year 2006 for the common-funded budgets of NATO may be any amount up to, but not in excess of, the amount specified in subsection (b) (rather than the maximum amount that would otherwise be applicable to those contributions under the fiscal year 1998 baseline limitation).

    (b) TOTAL AMOUNT- The amount of the limitation applicable under subsection (a) is the sum of the following:

      (1) The amounts of unexpended balances, as of the end of fiscal year 2005, of funds appropriated for fiscal years before fiscal year 2006 for payments for those budgets.

      (2) The amount specified in subsection (c)(1).

      (3) The amount specified in subsection (c)(2).

      (4) The total amount of the contributions authorized to be made under section 2501.

    (c) AUTHORIZED AMOUNTS- Amounts authorized to be appropriated by titles II and III of this Act are available for contributions for the common-funded budgets of NATO as follows:

      (1) Of the amount provided in section 201(1), $763,000 for the Civil Budget.

      (2) Of the amount provided in section 301(1), $238,364,000 for the Military Budget.

    (d) DEFINITIONS- For purposes of this section:

      (1) COMMON-FUNDED BUDGETS OF NATO- The term `common-funded budgets of NATO' means the Military Budget, the Security Investment Program, and the Civil Budget of the North Atlantic Treaty Organization (and any successor or additional account or program of NATO).

      (2) FISCAL YEAR 1998 BASELINE LIMITATION- The term `fiscal year 1998 baseline limitation' means the maximum annual amount of Department of Defense contributions for common-funded budgets of NATO that is set forth as the annual limitation in section 3(2)(C)(ii) of the resolution of the Senate giving the advice and consent of the Senate to the ratification of the Protocols to the North Atlantic Treaty of 1949 on the Accession of Poland, Hungary, and the Czech Republic (as defined in section 4(7) of that resolution), approved by the Senate on April 30, 1998.

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

    (a) REDUCTION- The aggregate amount authorized to be appropriated by titles I, II, and III is the amount equal to the sum of all the amounts authorized to be appropriated by such titles reduced by $1,300,000,000.

    (b) SOURCE OF SAVINGS- Reductions required in order to comply with subsection (a) shall be derived from savings resulting from lower-than-expected inflation as a result of the annual review of the budget conducted by the Congressional Budget Office.

    (c) ALLOCATION OF REDUCTION- The Secretary of Defense shall allocate the reduction required by subsection (a) among the amounts authorized to be appropriated for accounts in titles I, II, and III to reflect the extent to which net savings from lower-than-expected inflation are allocable to amounts authorized to be appropriated to such accounts.

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

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

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

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

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

    Section 1045(a) of title 10, United States Code, is amended--

      (1) by striking `quarter' the first place it appears and inserting `month'; and

      (2) by striking `during the month following that calendar quarter' and inserting `during the following calendar month'.

SEC. 1008. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE.

    (a) FIRST EMERGENCY SUPPLEMENTAL TO MEET NEEDS ARISING FROM HURRICANE KATRINA- Amounts authorized to be appropriated to the Department of Defense for fiscal year 2005 in the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) are hereby adjusted, with respect to any such authorized amount, by the amount by which appropriations pursuant to such authorized amount are increased by a supplemental appropriation, or by a transfer of funds, pursuant to the Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005 (Public Law 109-61).

    (b) 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).

    (c) 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 Administration relating to avian flu preparedness that was submitted to Congress on November 1, 2006.

    (d) 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 (DRF) 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.

    (e) 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.

    (f) 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) and (b) as authorized by such subsections. The report shall set forth--

        (A) the amounts so obligated and expended; and

        (B) the purposes for which such amounts were so obligated and expended.

      (2) REPORT ON EXPENDITURE OF REIMBURSABLE FUNDS- The Secretary shall include in the report required by paragraph (1) a statement of any expenditure by the Department of Defense of funds that were reimbursable by the Federal Emergency Management Agency, or any other department or agency of the Federal Government, from funds appropriated in an Act referred to in subsection (a) or (b) 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 (c) and any funds reallocated to the Department as specified in subsection (d). 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.

    (g) 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.

Subtitle B--Naval Vessels and Shipyards

SEC. 1021. TRANSFER OF BATTLESHIPS.

    (a) TRANSFER OF BATTLESHIP WISCONSIN- The Secretary of the Navy is authorized--

      (1) to strike the Battleship U.S.S. WISCONSIN (BB-64) from the Naval Vessel Register; and

      (2) subject to section 7306 of title 10, United States Code, to transfer the vessel by gift or otherwise provided that the Secretary requires, as a condition of transfer, that the transferee locate the vessel in the Commonwealth of Virginia.

    (b) TRANSFER OF BATTLESHIP IOWA- The Secretary of the Navy is authorized--

      (1) to strike the Battleship U.S.S. IOWA (BB-61) from the Naval Vessel Register; and

      (2) subject to section 7306 of title 10, United States Code, to transfer the vessel by gift or otherwise provided that the Secretary requires, as a condition of transfer, that the transferee locate the vessel in the State of California.

    (c) INAPPLICABILITY OF NOTICE AND WAIT REQUIREMENT- Notwithstanding any provision of subsection (a) or (b), section 7306(d) of title 10, United States Code, shall not apply to the transfer authorized by subsection (a) or the transfer authorized by subsection (b).

    (d) REPEAL OF SUPERSEDED REQUIREMENTS AND AUTHORITIES-

      (1) Section 1011 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 421) is repealed.

      (2) Section 1011 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2118) is repealed.

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

    (a) CONVEYANCE AUTHORIZED- The Secretary of the Navy may convey to Atlantic Marine Property Holding Company (in this section referred to as the `Company') all right, title, and interest of the United States in and to Navy Drydock No. AFDM 7 (the SUSTAIN), located in Duval County, Florida. The Company is the current user of the drydock.

    (b) CONDITION OF CONVEYANCE- The conveyance under subsection (a) shall be subject to the condition that the drydock remain at the facilities of the Company until September 30, 2010.

    (c) CONSIDERATION- As consideration for the conveyance under subsection (a), the Company shall pay the Secretary an amount equal to the fair market value of the drydock as determined by the Secretary.

    (d) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

Subtitle C--Counterdrug Matters

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

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

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

    `(a) IN GENERAL- The Secretary of Defense is authorized to use Department of Defense personnel and equipment to conduct aerial reconnaissance within the area of responsibility of the United States Northern Command with unmanned aerial vehicles in order to conduct, for the purposes specified in subsection (b), the following:

      `(1) The detection and monitoring of, and communication on, the movement of air and sea traffic along the United States border.

      `(2) The detection and monitoring of, and communication on, the movement of surface traffic that is--

        `(A) outside of the geographic boundary of the United States; or

        `(B) inside the United States, but within not more than 25 miles of the geographic boundary of the United States, with respect to surface traffic first detected outside the geographic boundary of the United States.

    `(b) PURPOSES OF AUTHORIZED ACTIVITIES- The purposes of activities authorized by subsection (a) are as follows:

      `(1) To detect and monitor suspicious air, sea, and surface traffic.

      `(2) To communicate information on such traffic to appropriate Federal law enforcement officials, State law enforcement officials, and local law enforcement officials.

    `(c) FUNDS- Amounts available to the Department of Defense for counterdrug activities shall be available for activities authorized by subsection (a).

    `(d) LIMITATIONS- Any limitations and restrictions under this chapter with respect to the use of personnel, equipment, and facilities under this chapter shall apply to the exercise of the authority in subsection (a).

    `(e) ANNUAL REPORTS ON USE OF UNMANNED AERIAL VEHICLES- (1) The Secretary of Defense shall submit to the congressional defense committees each year a report on the operation of unmanned aerial vehicles along the United States border under this section during the preceding year. Each report shall include, for the year covered by such report, the following:

      `(A) A description of the aerial reconnaissance missions carried out along the United States border by unmanned aerial vehicles under this section, including the total number of sorties and flight hours.

      `(B) A statement of the costs of such missions.

      `(C) A statement of the number of times data collected by the Department of Defense from such missions was communicated to other authorities of the Federal Government or to State or local authorities.

    `(2) A report is not required under this subsection for a year if no operations of unmanned aerial vehicles along the United States border occurred under this section during such year.

    `(3) Each report under this subsection shall be submitted in unclassified form, but may include a classified annex.

    `(f) DEFINITIONS- In this section:

      `(1) The term `suspicious air, sea, and surface traffic' means any air, sea, or surface traffic that is suspected of illegal activities, including involvement in activities that would constitute a violation of any provision of law set forth in or described under section 374(b)(4)(A) of this title.

      `(2) The term `State law enforcement officials' includes authorized members of the National Guard operating under authority of title 32.'.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 18 of such title is amended by adding at the end the following new item:

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

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

    (a) AUTHORITY TO USE FUNDS- In conjunction with counterdrug activities authorized by law, the Secretary of Defense may use funds authorized to be appropriated to the Department of Defense for drug interdiction and counterdrug activities in fiscal years 2006 and 2007 for the detection, monitoring, and interdiction of terrorists, terrorism-related activities, and other related transnational threats along the borders and within the territorial waters of the United States.

    (b) CONSTRUCTION WITH OTHER AUTHORITY- The authority provided by subsection (a) is in addition to the authority provided in section 124 of title 10, United States Code.

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

    In providing support for counterdrug activities under section 1004 of the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 374 note), the Secretary of Defense may, in accordance with a request under subsection (a) of such section, provide through or utilizing bases of operation or training facilities in Afghanistan--

      (1) any type of support specified in subsection (b) of such section for counter-drug activities; and

      (2) any type of support for counter-drug related Afghan criminal justice activities.

Subtitle D--Reports and Studies

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

    (a) SUBMITTAL OF JOINT WARFIGHTING SCIENCE AND TECHNOLOGY PLAN- Section 270 of the National Defense Authorization Act for Fiscal Year 1997 (10 U.S.C. 2501 note) is amended by striking `(a) ANNUAL PLAN REQUIRED- On March 1 of each year,' and inserting `Not later than March 1 of each year through 2006, and March 1 every two years thereafter,'.

    (b) CONFORMING AMENDMENT- The heading of such section is amended by striking `ANNUAL'.

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

    (a) IN GENERAL- The Secretary of Defense shall, in coordination with the Director of the Office of Management and Budget and appropriate officials of the Department of Labor, the Department of State and the United States Agency for International Development, review current and future needs, options, and risks associated with Defense Base Act insurance.

    (b) MATTERS TO BE ADDRESSED- The review under subsection (a) shall address the following matters:

      (1) Cost-effective options for acquiring Defense Base Act insurance.

      (2) Methods for coordinating data collection efforts among agencies and contractors on numbers of employees, costs of insurance, and other information relevant to decisions on Defense Base Act insurance.

      (3) Improved communication and coordination within and among agencies on the implementation of Defense Base Act insurance.

      (4) Actions to be taken to address difficulties in the administration of Defense Base Act insurance, including on matters relating to cost, data, enforcement, and claims processing.

    (c) REPORT REQUIRED- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the review under subsection (a). The report shall set forth the findings of the Secretary as a result of the review and such recommendations, including recommendations for legislative or administrative action, as the Secretary considers appropriate in light of the review.

    (d) DEFENSE BASE ACT INSURANCE DEFINED- In this section, the term `Defense Base Act insurance' means workers' compensation insurance provided to contractor employees pursuant to the Defense Base Act (42 U.S.C. 1651 et seq.).

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

    (a) REPORT REQUIRED- Not later than April 1, 2007, the Comptroller General of the United States shall submit to the congressional defense committees a report on the effectiveness of the corrosion prevention and mitigation programs of the Department of Defense.

    (b) ELEMENTS- The report required by subsection (a) shall include the following:

      (1) An assessment of the document of the Department of Defense entitled `Long-Term Strategy to Reduce Corrosion and the Effects of Corrosion on the Military Equipment and Infrastructure of the Department of Defense', dated November 2004.

      (2) An assessment of the adequacy for purposes of the strategy set forth in that document of the funding requested in the budget of the President for fiscal year 2006, as submitted to Congress pursuant to section 1105(a) of title 31, United States Code, and the associated Future-Years Defense Program under section 221 of title 10, United States Code.

      (3) An assessment of the adequacy and effectiveness of the organizational structure of the Department of Defense in implementing that strategy.

      (4) An assessment of the progress made as of the date of the report in establishing throughout the Department common metrics, definitions, and procedures on corrosion prevention and mitigation.

      (5) An assessment of the progress made as of the date of the report in establishing a baseline estimate of the scope of the corrosion problems of the Department.

      (6) An assessment of the extent to which the strategy of the Department on corrosion prevention and mitigation has been revised to incorporate the recommendations of the October 2004 Defense Science Board report on corrosion control.

      (7) An assessment of the implementation of the corrosion prevention and mitigation programs of the Department during fiscal year 2006.

      (8) Recommendations by the Comptroller General for addressing any shortfalls or areas of potential improvement identified in the review for purposes of the report.

SEC. 1044. 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 March 15, 2006, the Secretary of Defense shall submit to the congressional defense committees 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 plan to take to address concerns raised by the Task Force.

    (c) Consultation- To the extent practicable, the Secretary may consult with other departments and agencies of the Federal Government, institutions of higher education and other academic organizations, and industry in the development of the report required by subsection (a).

SEC. 1045. REPORT ON USE OF SPACE RADAR FOR TOPOGRAPHICAL MAPPING FOR SCIENTIFIC AND CIVIL PURPOSES.

    (a) In General- Not later than January 15, 2006, the Secretary of Defense shall submit to the congressional defense committees on report on the feasibility and advisability of utilizing the Space Radar 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 uses of the Space Radar for scientific or civil purposes that are identified by the Secretary for purposes of the report.

      (2) A description and evaluation of any additions or modifications to the Space Radar identified by the Secretary for purposes of the report that would increase the utility of the Space Radar to the scientific community or other elements of the private sector for scientific or civil purposes, including the utilization of additional frequencies, the development or enhancement of ground systems, and the enhancement of operations.

      (3) A description of the costs of any additions or modifications identified pursuant to paragraph (2).

      (4) A description and evaluation of processes to be utilized to determine the means of modifying the Space Radar in order to meet the needs of the scientific community or other elements of the private sector with respect to the use of the Space Radar for scientific or civil purposes, and a proposal for meeting the costs of such modifications.

      (5) A description and evaluation of the impacts, if any, on the primary missions of the Space Radar, and on the development of the Space Radar, of the use of the Space Radar for scientific or civil purposes.

      (6) A description of the process for developing requirements for the Space Radar, including the involvement of the Civil Applications Committee.

SEC. 1046. PILOT PROJECT FOR CIVILIAN LINGUIST RESERVE CORPS.

    (a) Establishment- The Secretary of Defense (referred to in this section as the `Secretary'), through the National Security Education Program, shall conduct a 3-year pilot project to establish the Civilian Linguist Reserve Corps, which shall be composed of United States citizens with advanced levels of proficiency in foreign languages who would be available, upon request from the President, to perform any services or duties with respect to such foreign languages in the Federal Government as the President may require.

    (b) Implementation- In establishing the Civilian Linguist Reserve Corps, the Secretary, after reviewing the findings and recommendations contained in the report required under section 325 of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2393), shall--

      (1) identify several foreign languages that are critical for the national security of the United States and the relative priority of each such language;

      (2) identify United States citizens with advanced levels of proficiency in those foreign languages who would be available to perform the services and duties referred to in subsection (a);

      (3) cooperate with other Federal agencies with national security responsibilities to implement a procedure for calling for the performance of the services and duties referred to in subsection (a); and

      (4) implement a call for the performance of such services and duties.

    (c) Contract Authority- In establishing the Civilian Linguist Reserve Corps, the Secretary may enter into contracts with appropriate agencies or entities.

    (d) Feasibility Study- During the course of the pilot project, the Secretary shall conduct a study of the best practices in implementing the Civilian Linguist Reserve Corps, including--

      (1) administrative structure;

      (2) languages to be offered;

      (3) number of language specialists needed for each language;

      (4) Federal agencies who may need language services;

      (5) compensation and other operating costs;

      (6) certification standards and procedures;

      (7) security clearances;

      (8) skill maintenance and training; and

      (9) the use of private contractors to supply language specialists.

    (e) Reports-

      (1) EVALUATION REPORTS-

        (A) IN GENERAL- Not later than 1 year after the date of enactment of this Act, and annually thereafter until the expiration of the 3-year period beginning on such date of enactment, the Secretary shall submit to Congress an evaluation report on the pilot project conducted under this section.

        (B) CONTENTS- Each report required under subparagraph (A) shall contain information on the operation of the pilot project, the success of the pilot project in carrying out the objectives of the establishment of a Civilian Linguist Reserve Corps, and recommendations for the continuation or expansion of the pilot project.

      (2) FINAL REPORT- Not later than 6 months after the completion of the pilot project, the Secretary shall submit to Congress a final report summarizing the lessons learned, best practices, and recommendations for full implementation of the Civilian Linguist Reserve Corps.

    (f) Authorization of Appropriations- There are authorized to be appropriated $3,100,000 for fiscal year 2006 to carry out the pilot project under this section.

    (g) Offset- The amounts authorized to be appropriated by section 301(4) are hereby reduced by $3,100,000 from operation and maintenance, Air Force.

SEC. 1047. REPORT ON ALLEGED CLANDESTINE DETENTION FACILITIES FOR INDIVIDUALS CAPTURED IN THE GLOBAL WAR ON TERRORISM.

    (a) In General- The President shall ensure that the United States Government continues to comply with the authorization, reporting, and notification requirements of title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.).

    (b) Director of National Intelligence Report-

      (1) REPORT REQUIRED- Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the members of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a detailed report setting forth the nature and cost of, and otherwise providing a full accounting on, any clandestine prison or detention facility currently or formerly operated by the United States Government, regardless of location, where detainees in the global war on terrorism are or were being held.

      (2) ELEMENTS- The report required by paragraph (1) shall set forth, for each prison or facility, if any, covered by such report, the following:

        (A) The location and size of such prison or facility.

        (B) If such prison or facility is no longer being operated by the United States Government, the disposition of such prison or facility.

        (C) The number of detainees currently held or formerly held, as the case may be, at such prison or facility.

        (D) Any plans for the ultimate disposition of any detainees currently held at such prison or facility.

        (E) A description of the interrogation procedures used or formerly used on detainees at such prison or facility, and a determination, in coordination with other appropriate officials, on whether such procedures are or were in compliance with United States obligations under the Geneva Conventions and the Convention Against Torture.

      (3) FORM OF REPORT- The report required by paragraph (1) shall be submitted in classified form.

SEC. 1048. RECORDS OF CIVILIAN CASUALTIES IN AFGHANISTAN AND IRAQ.

    Not later than 90 days after enactment of this Act, the Secretary of Defense shall submit a report to the Committee on Armed Services and the Committee on Appropriations with the following information--

    (a) Whether records of civilian casualties in Afghanistan and Iraq are kept by United States Armed Forces, and if so, how and from what sources this information is collected, where it is kept, and who is responsible for maintaining such records.

    (b) Whether such records contain--

      (1) any information relating to the circumstances under which the casualties occurred and whether they were fatalities or injuries;

      (2) if any condolence payment, compensation or assistance was provided to the victim or to the victim's family; and

      (3) any other information relating to the casualties.

SEC. 1049. ANNUAL REPORTS ON BUDGETING RELATING TO KEY MILITARY EQUIPMENT.

    (a) IN GENERAL- Chapter 9 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 234. Budgeting for key military equipment: annual reports

    `(a) ANNUAL REPORT REQUIRED- The Secretary of Defense shall submit to Congress each year, at or about the time that the budget of the President is submitted to Congress that year under section 1105(a) of title 31, a report on the budgeting of the Department of Defense for key military equipment.

    `(b) REPORT ELEMENTS- The report required by subsection (a) for a year shall set forth the following:

      `(1) A description of the current strategies of the Department of Defense for sustaining key military equipment, and for any modernization that will be required of such equipment.

      `(2) A description of the amounts required for the Department for the fiscal year beginning in such year in order to fully fund the strategies described in paragraph (1).

      `(3) A description of the amounts requested for the Department for such fiscal year in order to fully fund such strategies.

      `(4) A description of the risks, if any, of failing to fund such strategies in the amounts required to fully fund such strategies (as specified in paragraph (2)).

      `(5) A description of the actions being taken by the Department of Defense to mitigate the risks described in paragraph (4).

    `(c) KEY MILITARY EQUIPMENT DEFINED- In this section, the term `key military equipment'--

      `(1) means--

        `(A) major weapons systems that are essential to accomplishing the national defense strategy; and

        `(B) other military equipment, such as major command, 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.'.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      `234. Budgeting for key military equipment: annual reports.'.

SEC. 1049A. 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 measures of evaluation utilized 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 Committees on Armed Services and Appropriations of the Senate; and

      (2) the Committees on Armed Services and Appropriations of the House of Representatives.

Subtitle E--Technical Amendments

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

    (a) DEFINITION OF `MILITARY MUNITIONS'- Section 101(e)(4)(B)(ii) of title 10, United States Code, is amended by striking `explosives, and' and inserting `explosives and'.

    (b) DEFENSE ENVIRONMENTAL RESTORATION PROGRAM- Section 2703(b) of such title is amended by striking `unexploded ordnance', `discarded military munitions', and' and inserting `discarded military munitions' and'.

Subtitle F--Military Mail Matters

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

    (a) PLAN REQUIRED-

      (1) IN GENERAL- The Secretary of Defense shall promptly develop and implement a plan to ensure that the mail within the military mail system is safe for delivery.

      (2) SCREENING- The plan under this subsection shall provide for the screening of all mail within the military mail system in order to detect the presence in such mail of biological, chemical, or radiological weapons, agents, or pathogens, or explosive devices, before such mail is delivered to its intended recipients.

    (b) FUNDING FOR PLAN- The budget justification materials that are submitted to Congress with the budget of the President for any fiscal year after fiscal year 2006, as submitted under section 1105(a) of title 31, United States Code, shall include a description of the amounts required in such fiscal year to carry out the plan under subsection (a).

    (c) REPORT ON SAFETY OF MAIL FOR DELIVERY-

      (1) REPORT REQUIRED- Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the safety of mail within the military mail system for delivery.

      (2) ELEMENTS- The report shall include the following:

        (A) An assessment of any existing deficiencies in the military mail system in ensuring that mail within such system is safe for delivery.

        (B) The plan developed under subsection (a).

        (C) An estimate of the time and resources required to implement the plan.

        (D) A description of the delegation within the Department of Defense of responsibility for ensuring that mail within the military mail system is safe for delivery, including responsibility for the development, implementation, and oversight of improvements to that system in order to ensure the safety of such mail for delivery.

      (3) FORM- The report shall be submitted in unclassified form, but may include a classified annex.

    (d) MAIL WITHIN THE MILITARY MAIL SYSTEM DEFINED-

      (1) IN GENERAL- Except as provided in paragraph (2), in this section, the term `mail within the military mail system'--

        (A) means--

          (i) any mail that is posted through the Military Post Offices (including Army Post Offices (APOs) and Fleet Post Offices (FPOs)), Department of Defense mail centers, military Air Mail Terminals, and military Fleet Mail Centers; and

          (ii) any mail or package posted in the United States that is addressed to an unspecified member of the Armed Forces; and

        (B) includes any official mail posted by the Department of Defense.

      (2) EXCEPTION- The term does not include any mail posted as otherwise described in paragraph (1) that has been screened for safety for delivery by the United States Postal Service before its posting as so described.

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

    (a) PROGRAM OF DELIVERY OF MAIL- The Secretary of Defense shall carry out a program under which mail and packages addressed to Any Service Member that are posted in the United States shall be delivered to deployed members of the Armed Forces overseas at or through such Army Post Offices (APOs) and Fleet Post Offices (FPOs) as the Secretary shall designate for purposes of the program.

    (b) SCREENING OF MAIL- In carrying out the program required by subsection (a), the Secretary shall take appropriate actions to ensure that the mail and packages covered by the program are screened in order to detect the presence in such mail and packages of biological, chemical, or radiological weapons, agents, or pathogens, or explosive devices, before such mail and packages are delivered to members of the Armed Forces.

    (c) DISTRIBUTION- The Secretary shall ensure that mail and packages delivered under the program required by subsection (a) are widely distributed on an equitable basis among all the Armed Forces in their overseas areas.

    (d) OUTREACH-

      (1) IN GENERAL- The Secretary shall, in collaboration with the Postmaster General, take appropriate actions to provide information to the public on the program required by subsection (a).

      (2) OUTLETS- Information shall be provided to the public under this subsection through Department of Defense facilities and communications outlets, Postal Service facilities, and such other means as the Secretary and the Postmaster General consider appropriate.

    (e) ANY SERVICE MEMBER DEFINED- In this section, the term `Any Service Member' means an undesignated or unspecified member of the Armed Forces (often addressed on mail or packages as `Any American Service Member or Soldier'), rather than any particular or specified member of the Armed Forces.

Subtitle G--Other Matters

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

    (a) POLICY REQUIRED- The Secretary of Defense shall establish the policy of the Department of Defense on the role of military medical and behavioral science personnel in the interrogation of persons detained by the Armed Forces. The policy shall apply uniformly throughout the Armed Forces.

    (b) REPORT- Not later than March 1, 2006, the Secretary shall submit to the congressional defense committees a report on the policy established under subsection (a). The report shall set forth the policy, and shall include such additional matters on the policy as the Secretary considers appropriate.

SEC. 1072. IMPROVEMENTS OF INTERNAL SECURITY ACT OF 1950.

    (a) Prohibition on Holding of Security Clearance After Certain Violations on Handling of Classified Information-

      (1) PROHIBITION- Section 4 of the Internal Security Act of 1950 (50 U.S.C. 783) is amended by adding at the end the following new subsection:

    `(b) No person, including individuals in the executive branch and Members of Congress and their staffs, who knowingly violates a law or regulation regarding the handling of classified information in a manner that could have a significant adverse impact on the national security of the United States, including the knowing disclosure of the identity of a covert agent of the Central Intelligence Agency or the existence of classified programs or operations, the disclosure of which could have such an impact, to a person not authorized to receive such information, shall be permitted to hold a security clearance for or obtain access to, classified information.'.

      (2) APPLICABILITY- Subsection (f) of section 4 of the Internal Security Act of 1950, as added by paragraph (1), shall apply to any individual holding a security clearance on or after the date of the enactment of this Act with respect to any knowing violation of law or regulation described in such subsection, regardless of whether such violation occurs before, on, or after that date.

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

SEC. 1073. SUPPORT FOR YOUTH ORGANIZATIONS.

    (a) Short Title- This Act may be cited as the `Support Our Scouts Act of 2005'.

    (b) Support for Youth Organizations-

      (1) DEFINITIONS- In this subsection--

        (A) the term `Federal agency' means each department, agency, instrumentality, or other entity of the United States Government; and

        (B) the term `youth organization'--

          (i) means any organization that is designated by the President as an organization that is primarily intended to--

            (I) serve individuals under the age of 21 years;

            (II) provide training in citizenship, leadership, physical fitness, service to community, and teamwork; and

            (III) promote the development of character and ethical and moral values; and

          (ii) shall include--

            (I) the Boy Scouts of America;

            (II) the Girl Scouts of the United States of America;

            (III) the Boys Clubs of America;

            (IV) the Girls Clubs of America;

            (V) the Young Men's Christian Association;

            (VI) the Young Women's Christian Association;

            (VII) the Civil Air Patrol;

            (VIII) the United States Olympic Committee;

            (IX) the Special Olympics;

            (X) Campfire USA;

            (XI) the Young Marines;

            (XII) the Naval Sea Cadets Corps;

            (XIII) 4-H Clubs;

            (XIV) the Police Athletic League;

            (XV) Big Brothers--Big Sisters of America; and

            (XVI) National Guard Youth Challenge.

      (2) IN GENERAL-

        (A) SUPPORT FOR YOUTH ORGANIZATIONS-

    (i) SUPPORT- No Federal law (including any rule, regulation, directive, instruction, or order) shall be construed to limit any Federal agency from providing any form of support for a youth organization (including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America) that would result in that Federal agency providing less support to that youth organization (or any similar organization chartered under the chapter of title 36, United States Code, relating to that youth organization) than was provided during the preceding fiscal year. This clause shall be subject to the availability of appropriations.

          (ii) YOUTH ORGANIZATIONS THAT CEASE TO EXIST- Clause (i) shall not apply to any youth organization that ceases to exist.

          (iii) WAIVERS- The head of a Federal agency may waive the application of clause (i) to any youth organization with respect to each conviction or investigation described under subclause (I) or (II) for a period of not more than 2 fiscal years if--

            (I) any senior officer (including any member of the board of directors) of the youth organization is convicted of a criminal offense relating to the official duties of that officer or the youth organization is convicted of a criminal offense; or

            (II) the youth organization is the subject of a criminal investigation relating to fraudulent use or waste of Federal funds.

        (B) TYPES OF SUPPORT- Support described under this paragraph shall include--

          (i) holding meetings, camping events, or other activities on Federal property;

          (ii) hosting any official event of such organization;

          (iii) loaning equipment; and

          (iv) providing personnel services and logistical support.

    (c) Support for Scout Jamborees-

      (1) FINDINGS- Congress makes the following findings:

        (A) Section 8 of article I of the Constitution of the United States commits exclusively to Congress the powers to raise and support armies, provide and maintain a Navy, and make rules for the government and regulation of the land and naval forces.

        (B) Under those powers conferred by section 8 of article I of the Constitution of the United States to provide, support, and maintain the Armed Forces, it lies within the discretion of Congress to provide opportunities to train the Armed Forces.

        (C) The primary purpose of the Armed Forces is to defend our national security and prepare for combat should the need arise.

        (D) One of the most critical elements in defending the Nation and preparing for combat is training in conditions that simulate the preparation, logistics, and leadership required for defense and combat.

        (E) Support for youth organization events simulates the preparation, logistics, and leadership required for defending our national security and preparing for combat.

        (F) For example, Boy Scouts of America's National Scout Jamboree is a unique training event for the Armed Forces, as it requires the construction, maintenance, and disassembly of a `tent city' capable of supporting tens of thousands of people for a week or longer. Camporees at the United States Military Academy for Girl Scouts and Boy Scouts provide similar training opportunities on a smaller scale.

      (2) SUPPORT- Section 2554 of title 10, United States Code, is amended by adding at the end the following:

    `(i)(1) The Secretary of Defense shall provide at least the same level of support under this section for a national or world Boy Scout Jamboree as was provided under this section for the preceding national or world Boy Scout Jamboree.

    `(2) The Secretary of Defense may waive paragraph (1), if the Secretary--

      `(A) determines that providing the support subject to paragraph (1) would be detrimental to the national security of the United States; and

      `(B) reports such a determination to the Congress in a timely manner, and before such support is not provided.'.

    (d) Equal Access for Youth Organizations- Section 109 of the Housing and Community Development Act of 1974 (42 U.S.C. 5309) is amended--

      (1) in the first sentence of subsection (b) by inserting `or (e)' after `subsection (a)'; and

      (2) by adding at the end the following:

    `(e) Equal Access-

      `(1) DEFINITION- In this subsection, the term `youth organization' means any organization described under part B of subtitle II of title 36, United States Code, that is intended to serve individuals under the age of 21 years.

      `(2) IN GENERAL- No State or unit of general local government that has a designated open forum, limited public forum, or nonpublic forum and that is a recipient of assistance under this chapter shall deny equal access or a fair opportunity to meet to, or discriminate against, any youth organization, including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America, that wishes to conduct a meeting or otherwise participate in that designated open forum, limited public forum, or nonpublic forum.'.

SEC. 1074. 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 to 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. 1075. PROHIBITION ON CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT OF PERSONS UNDER CUSTODY OR CONTROL OF THE UNITED STATES GOVERNMENT.

    (a) In General- No individual in the custody or under the physical control of the United States Government, regardless of nationality or physical location, shall be subject to cruel, inhuman, or degrading treatment or punishment.

    (b) Construction- Nothing in this section shall be construed to impose any geographical limitation on the applicability of the prohibition against cruel, inhuman, or degrading treatment or punishment under this section.

    (c) Limitation on Supersedure- The provisions of this section shall not be superseded, except by a provision of law enacted after the date of the enactment of this Act which specifically repeals, modifies, or supersedes the provisions of this section.

    (d) Cruel, Inhuman, or Degrading Treatment or Punishment Defined- In this section, the term `cruel, inhuman, or degrading treatment or punishment' means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States, as defined in the United States Reservations, Declarations and Understandings to the United Nations Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment done at New York, December 10, 1984.

SEC. 1076. POLICY OF THE UNITED STATES ON THE INTERCONTINENTAL BALLISTIC MISSILE FORCE.

    (a) Findings- Congress makes the following findings:

      (1) Consistent with warhead levels agreed to in the Moscow Treaty, the United States is modifying the capacity of the Minuteman III intercontinental ballistic missile (ICBM) from its prior capability to carry up to 3 independent reentry vehicles (RVs) to carry as few as a single reentry vehicle, a process known as downloading.

      (2) A series of Department of Defense studies of United States strategic forces, including the 2001 Nuclear Posture Review, has confirmed the continued need for 500 intercontinental ballistic missiles.

      (3) In a potential nuclear crisis it is important that the nuclear weapons systems of the United States be configured so as to discourage other nations from making a first strike.

      (4) The intercontinental ballistic missile force is currently being considered as part of the deliberations of the Department of Defense for the Quadrennial Defense Review.

    (b) Statement of United States Policy- It is the policy of the United States to continue to deploy a force of 500 intercontinental ballistic missiles, provided that unanticipated strategic developments may compel the United States to make changes to this force structure in the future.

    (c) Moscow Treaty Defined- In this section, the term `Moscow Treaty' means the Treaty Between the United States of America and the Russian Federation on Strategic Offensive Reductions, done at Moscow on May 24, 2002.

SEC. 1077. GRANT OF FEDERAL CHARTER TO KOREAN WAR VETERANS ASSOCIATION, INCORPORATED.

    (a) Grant of Charter- Part B of subtitle II of title 36, United States Code, is amended--

      (1) by striking the following:

`CHAPTER 1201--[RESERVED]';

      and

      (2) by inserting after chapter 1103 the following new chapter:

`CHAPTER 1201--KOREAN WAR VETERANS ASSOCIATION, INCORPORATED

      `Sec.

      `120101. Organization.

      `120102. Purposes.

      `120103. Membership.

      `120104. Governing body.

      `120105. Powers.

      `120106. Restrictions.

      `120107. Tax-exempt status required as condition of charter.

      `120108. Records and inspection.

      `120109. Service of process.

      `120110. Liability for acts of officers and agents.

      `120111. Annual report.

      `120112. Definition.

`Sec. 120101. Organization

    `(a) Federal Charter- Korean War Veterans Association, Incorporated (in this chapter, the `corporation'), a nonprofit organization that meets the requirements for a veterans service organization under section 501(c)(19) of the Internal Revenue Code of 1986 and that is organized under the laws of the State of New York, is a federally chartered corporation.

    `(b) Expiration of Charter- If the corporation does not comply with the provisions of this chapter, the charter granted by subsection (a) expires.

`Sec. 120102. Purposes

    `The purposes of the corporation are those provided in its articles of incorporation and shall include the following:

      `(1) Organize as a veterans service organization in order to maintain a continuing interest in the welfare of veterans of the Korean War, and rehabilitation of the disabled veterans of the Korean War to include all that served during active hostilities and subsequently in defense of the Republic of Korea, and their families.

      `(2) To establish facilities for the assistance of all veterans and to represent them in their claims before the Department of Veterans Affairs and other organizations without charge.

      `(3) To perpetuate and preserve the comradeship and friendships born on the field of battle and nurtured by the common experience of service to our nation during the time of war and peace.

      `(4) To honor the memory of those men and women who gave their lives that a free America and a free world might live by the creation of living memorial, monuments, and other forms of additional educational, cultural, and recreational facilities.

      `(5) To preserve for ourselves and our posterity the great and basic truths and enduring principles upon which this nation was founded.

`Sec. 120103. Membership

    `Eligibility for membership in the corporation, and the rights and privileges of members of the corporation, are as provided in the bylaws of the corporation.

`Sec. 120104. Governing body

    `(a) Board of Directors- The composition of the board of directors of the corporation, and the responsibilities of the board, are as provided in the articles of incorporation of the corporation.

    `(b) Officers- The positions of officers of the corporation, and the election of the officers, are as provided in the articles of incorporation.

`Sec. 120105. Powers

    `The corporation has only those powers provided in its bylaws and articles of incorporation filed in each State in which it is incorporated.

`Sec. 120106. Restrictions

    `(a) Stock and Dividends- The corporation may not issue stock or declare or pay a dividend.

    `(b) Political Activities- The corporation, or a director or officer of the corporation as such, may not contribute to, support, or participate in any political activity or in any manner attempt to influence legislation.

    `(c) Loan- The corporation may not make a loan to a director, officer, or employee of the corporation.

    `(d) Claim of Governmental Approval or Authority- The corporation may not claim congressional approval, or the authority of the United States, for any of its activities.

    `(e) Corporate Status- The corporation shall maintain its status as a corporation incorporated under the laws of the State of New York.

`Sec. 120107. Tax-exempt status required as condition of charter

    `If the corporation fails to maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986, the charter granted under this chapter shall terminate.

`Sec. 120108. Records and inspection

    `(a) Records- The corporation shall keep--

      `(1) correct and complete records of account;

      `(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

      `(3) at its principal office, a record of the names and addresses of its members entitled to vote on matters relating to the corporation.

    `(b) Inspection- A member entitled to vote on matters relating to the corporation, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

`Sec. 120109. Service of process

    `The corporation shall have a designated agent in the District of Columbia to receive service of process for the corporation. Notice to or service on the agent is notice to or service on the Corporation.

`Sec. 120110. Liability for acts of officers and agents

    `The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

`Sec. 120111. Annual report

    `The corporation shall submit to Congress an annual report on the activities of the corporation during the preceding fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101(b) of this title. The report may not be printed as a public document.

`Sec. 120112. Definition

    `For purposes of this chapter, the term `State' includes the District of Columbia and the territories and possessions of the United States.'.

    (b) Clerical Amendment- The item relating to chapter 1201 in the table of chapters at the beginning of subtitle II of title 36, United States Code, is amended to read as follows:

120101'.

SEC. 1078. ESTABLISHMENT OF THE USS OKLAHOMA MEMORIAL.

    (a) Site and Funding for Memorial- Not later than 6 months after the date of enactment of this section, the Secretary of the Navy, in consultation with the Secretary of the Interior shall identify an appropriate site on Ford Island for a memorial for the USS Oklahoma consistent with the `Pearl Harbor Naval Complex Design Guidelines and Evaluation Criteria for Memorials, April 2005'. The USS Oklahoma Foundation shall be solely responsible for raising the funds necessary to design and erect a dignified and suitable memorial to the naval personnel serving aboard the USS Oklahoma when it was attacked on December 7, 1941.

    (b) Administration and Maintenance of Memorial- After the site has been selected, the Secretary of the Interior shall administer and maintain the site as 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 Memorandum of Understanding between the Secretary of the Navy and the Secretary of the Interior. The Secretary of the Navy shall continue to have jurisdiction over the land selected as the site.

    (c) Future Memorials- Any future memorials for United States Naval Vessels that were attacked at Pearl Harbor on December 7, 1941, shall be consistent with the `Pearl Harbor Naval Complex Design Guidelines and Evaluation Criteria for Memorials, April 2005'.

    (d) MASTER PLAN- Not later than one year after the date of the enactment of this Act, the Secretary of the Navy, in consultation with the Secretary of the Interior, shall submit to the Committee on Armed Services and Committee on Resources of the House of Representatives and the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate, a master plan for operation and management of the site presently encompassing the visitors center for the USS Arizona Memorial, the area commonly known as the `Halawa Landing', and any adjacent properties.

SEC. 1079. PRAYER AT MILITARY SERVICE ACADEMY ACTIVITIES.

    (a) In General- The superintendent of a service academy may have in effect such policy as the superintendent considers appropriate with respect to the offering of a voluntary, nondenominational prayer at an otherwise authorized activity of the academy, subject to the United States Constitution and such limitations as the Secretary of Defense may prescribe.

    (b) Service Academies- For purposes of this section, the term `service academy' means any of the following:

      (1) The United States Military Academy.

      (2) The United States Naval Academy.

      (3) The United States Air Force Academy.

SEC. 1080. RIOT CONTROL AGENTS.

    (a) Restatement of Policy- It is the policy of the United States that riot control agents are not chemical weapons and that the president may authorize their use as legitimate, legal, and non-lethal alternatives to the use of force that, as provided in Executive Order 11850 (40 Fed. Reg. 16187) and consistent with the resolution of ratification of the Chemical Weapons convention, may be employed by members of the Armed Forces in war in defensive military modes to save lives, including the illustrative purposes cited in Executive Order 11850.

    (b) Report Required-

      (1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on the use of riot control agents by members of the Armed Forces.

      (2) CONTENT- The report required by paragraph (1) shall include--

        (A) a description of all regulations, doctrines, training materials, and any other information related to the use of riot control agents by members of the Armed Forces;

        (B) a description of the doctrinal publications, training, and other resources provided or available to members of the Armed Forces on an annual basis with regard to the tactical employment of riot control agents;

        (C) a description of how the material described in subparagraphs (A) and (B) is consistent with United States policy on the use of riot control agents;

        (D) a description of the availability of riot control agents, and the means to employ them, to members of the Armed Forces deployed in Iraq and Afghanistan;

        (E) a description of the frequency of use of riot control agents since January 1, 1992, and a summary of views held by military commanders about the utility of the employing riot control agents by members of the Armed Forces;

        (F) a general description of steps taken or 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

        (G) an assessment of the legality of Executive Order 11850, including an explanation why Executive Order 11850 remains valid 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. 1081. DRUG TRAFFICKING DETERRENCE.

    (a) Findings-

      (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 the Senate- Given the above findings, it is the Sense of the Senate that--

      (1) Congress and the Department of Defense fully fund the Counter-Drug Tethered Aerostat program.

      (2) Department of Defense install maritime radar on the Lajas, Puerto Rico aerostat.

SEC. 1082. ESTABLISHMENT OF NATIONAL FOREIGN LANGUAGE COORDINATION COUNCIL.

    (a) Establishment- There is established the National Foreign Language Coordination Council (in this section referred to as the `Council'), which shall be an independent establishment as defined under section 104 of title 5, United States Code.

    (b) Membership- The Council shall consist of the following members or their designees:

      (1) The National Language Director, who shall serve as the chairperson of the Council.

      (2) The Secretary of Education.

      (3) The Secretary of Defense.

      (4) The Secretary of State.

      (5) The Secretary of Homeland Security.

      (6) The Attorney General.

      (7) The Director of National Intelligence.

      (8) The Secretary of Labor.

      (9) The Director of the Office of Personnel Management.

      (10) The Director of the Office of Management and Budget.

      (11) The Secretary of Commerce.

      (12) The Secretary of Health and Human Services.

      (13) The Secretary of the Treasury.

      (14) The Secretary of Housing and Urban Development.

      (15) The Secretary of Agriculture.

      (16) The Chairman and President of the Export-Import Bank of the United States.

      (17) The heads of such other Federal agencies as the Council considers appropriate.

    (c) Responsibilities-

      (1) IN GENERAL- The Council shall be charged with--

        (A) developing a national foreign language strategy, within 18 months of the date of enactment of this section, in consultation with--

          (i) State and local government agencies;

          (ii) academic sector institutions;

          (iii) foreign language related interest groups;

          (iv) business associations;

          (v) industry;

          (vi) heritage associations; and

          (vii) other relevant stakeholders;

        (B) conducting a survey of the status of Federal agency foreign language and area expertise and agency needs for such expertise; and

        (C) monitoring the implementation of such strategy through--

          (i) application of current and recently enacted laws; and

          (ii) the promulgation and enforcement of rules and regulations.

      (2) STRATEGY CONTENT- The strategy developed under paragraph (1) shall include--

        (A) identification of crucial priorities across all sectors;

        (B) identification and evaluation of Federal foreign language programs and activities, including--

          (i) any duplicative or overlapping programs that may impede efficiency;

          (ii) recommendations on coordination;

          (iii) program enhancements; and

          (iv) allocation of resources so as to maximize use of resources;

        (C) needed national policies and corresponding legislative and regulatory actions in support of, and allocation of designated resources to, promising programs and initiatives at all levels (Federal, State, and local), especially in the less commonly taught languages that are seen as critical for national security and global competitiveness during the next 20 to 50 years;

        (D) effective ways to increase public awareness of the need for foreign language skills and career paths in all sectors that can employ those skills, with the objective of increasing support for foreign language study among--

          (i) Federal, State, and local leaders;

          (ii) students;

          (iii) parents;

          (iv) elementary, secondary, and postsecondary educational institutions; and

          (v) employers;

        (E) recommendations for incentives for related educational programs, including foreign language teacher training;

        (F) coordination of cross-sector efforts, including public-private partnerships;

        (G) coordination initiatives to develop a strategic posture for language research and recommendations for funding for applied foreign language research into issues of national concern;

        (H) recommendations for assistance for--

          (i) the development of foreign language achievement standards; and

          (ii) corresponding assessments for the elementary, secondary, and postsecondary education levels, including the National Assessment of Educational Progress in foreign languages;

        (I) recommendations for development of--

          (i) language skill-level certification standards;

          (ii) frameworks for pre-service and professional development study for those who teach foreign language;

          (iii) suggested graduation criteria for foreign language studies and appropriate non-language studies, such as--

            (I) international business;

            (II) national security;

            (III) public administration;

            (IV) health care;

            (V) engineering;

            (VI) law;

            (VII) journalism; and

            (VIII) sciences;

        (J) identification of and means for replicating best practices at all levels and in all sectors, including best practices from the international community; and

        (K) recommendations for overcoming barriers in foreign language proficiency.

    (d) Submission of Strategy to President and Congress- Not later than 18 months after the date of enactment of this section, the Council shall prepare and transmit to the President and the relevant committees of Congress the strategy required under subsection (c).

    (e) Meetings- The Council may hold such meetings, and sit and act at such times and places, as the Council considers appropriate, but shall meet in formal session at least 2 times a year. State and local government agencies and other organizations (such as academic sector institutions, foreign language-related interest groups, business associations, industry, and heritage community organizations) shall be invited, as appropriate, to public meetings of the Council at least once a year.

    (f) Staff-

      (1) IN GENERAL- The Director may--

        (A) appoint, without regard to the provisions of title 5, United States Code, governing the competitive service, such personnel as the Director considers necessary; and

        (B) compensate such personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title.

      (2) DETAIL OF GOVERNMENT EMPLOYEES- Upon request of the Council, any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege

      (3) EXPERTS AND CONSULTANTS- With the approval of the Council, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code.

      (4) TRAVEL EXPENSES- Council members and staff shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council.

      (5) SECURITY CLEARANCE-

        (A) IN GENERAL- Subject to subparagraph (B), the appropriate Federal agencies or departments shall cooperate with the Council in expeditiously providing to the Council members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements.

        (B) EXCEPTION- No person shall be provided with access to classified information under this section without the appropriate required security clearance access.

      (6) COMPENSATION- The rate of pay for any employee of the Council (including the Director) may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.

    (g) Powers-

      (1) DELEGATION- Any member or employee of the Council may, if authorized by the Council, take any action that the Council is authorized to take in this section.

      (2) INFORMATION-

        (A) COUNCIL AUTHORITY TO SECURE- The Council may secure directly from any Federal agency such information, consistent with Federal privacy laws, including The Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and Department of Education's General Education Provisions Act (20 U.S.C. 1232(h)), the Council considers necessary to carry out its responsibilities.

        (B) REQUIREMENT TO FURNISH REQUESTED INFORMATION- Upon request of the Director, the head of such agency shall furnish such information to the Council.

      (3) DONATIONS- The Council may accept, use, and dispose of gifts or donations of services or property.

      (4) MAIL- The Council may use the United States mail in the same manner and under the same conditions as other Federal agencies.

    (h) Conferences, Newsletter, and Website- In carrying out this section, the Council--

      (1) may arrange Federal, regional, State, and local conferences for the purpose of developing and coordinating effective programs and activities to improve foreign language education;

      (2) may publish a newsletter concerning Federal, State, and local programs that are effectively meeting the foreign language needs of the nation; and

      (3) shall create and maintain a website containing information on the Council and its activities, best practices on language education, and other relevant information.

    (i) Reports- Not later than 90 days after the date of enactment of this section, and annually thereafter, the Council shall prepare and transmit to the President and the relevant committees of Congress a report that describes--

      (1) the activities of the Council;

      (2) the efforts of the Council to improve foreign language education and training; and

      (3) impediments to the use of a National Foreign Language program, including any statutory and regulatory restrictions.

    (j) Establishment of a National Language Director-

      (1) IN GENERAL- There is established a National Language Director who shall be appointed by the President. The National Language Director shall be a nationally recognized individual with credentials and abilities across the sectors to be involved with creating and implementing long-term solutions to achieving national foreign language and cultural competency.

      (2) RESPONSIBILITIES- The National Language Director shall--

        (A) develop and monitor the implementation of a national foreign language strategy across all sectors;

        (B) establish formal relationships among the major stakeholders in meeting the needs of the Nation for improved capabilities in foreign languages and cultural understanding, including Federal, State, and local government agencies, academia, industry, labor, and heritage communities; and

        (C) coordinate and lead a public information campaign that raises awareness of public and private sector careers requiring foreign language skills and cultural understanding, with the objective of increasing interest in and support for the study of foreign languages among national leaders, the business community, local officials, parents, and individuals.

    (k) Encouragement of State Involvement-

      (1) STATE CONTACT PERSONS- The Council shall consult with each State to provide for the designation by each State of an individual to serve as a State contact person for the purpose of receiving and disseminating information and communications received from the Council.

      (2) STATE INTERAGENCY COUNCILS AND LEAD AGENCIES- Each State is encouraged to establish a State interagency council on foreign language coordination or designate a lead agency for the State for the purpose of assuming primary responsibility for coordinating and interacting with the Council and State and local government agencies as necessary.

    (l) Authorization of Appropriations- There are authorized to be appropriated such sums as necessary to carry out this section.

SEC. 1083. RETENTION OF REIMBURSEMENT FOR PROVISION OF RECIPROCAL FIRE PROTECTION SERVICES.

    Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat. 67; 42 U.S.C. 1856d) is amended--

      (1) by striking `Funds' and inserting `(a) Funds'; and

      (2) by adding at the end the following new subsection:

    `(b) Notwithstanding the provisions of subsection (a), all sums received for any Department of Defense activity for fire protection rendered pursuant to this Act shall be credited to the appropriation fund or account from which the expenses were paid. Amounts so credited shall be merged with funds in such appropriation fund or account and shall be available for the same purposes and subject to the same limitations as the funds with which the funds are merged.'.

SEC. 1084. EXPANSION OF EMERGENCY SERVICES UNDER RECIPROCAL AGREEMENTS.

    Subsection (b) of the first section of the Act of May 27, 1955 (69 Stat. 66, chapter 105; 42 U.S.C. 1856(b)) is amended by striking `and fire fighting' and inserting `, fire fighting, and emergency services, including basic and advanced life support, hazardous material containment and confinement, and special rescue events involving vehicular and water mishaps, and trench, building, and confined space extractions'.

SEC. 1085. 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; 113 Stat. 763; 10 U.S.C. 2572 note) is amended by inserting `, 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. 1086. SENSE OF THE SENATE REGARDING MANNED SPACE FLIGHT.

    (a) FINDINGS- The Congress finds that--

      (1) human spaceflight preeminence allows the United States to project leadership around the world and forms an important component of United States national security;

      (2) continued development of human spaceflight in low-Earth orbit, on the Moon, and beyond adds to the overall national strategic posture;

      (3) human spaceflight enables continued stewardship of the region between the earth and the Moon--an area that is critical and of growing national and international security relevance;

      (4) human spaceflight provides unprecedented opportunities for the United States to lead peaceful and productive international relationships with the world community in support of United States security and geo-political objectives;

      (5) a growing 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; and

      (7) the industrial base and capabilities represented by the Space Transportation System provide a critical dissimilar launch capability for the nation.

    (b) SENSE OF THE SENATE- It is the sense of the Senate that it is in the national security interest of the United States to maintain preeminence in human spaceflight.

SEC. 1087. ANNUAL REPORT ON COSTS TO CARRY OUT UNITED NATIONS RESOLUTIONS.

    (a) Requirement for Annual Report- The Secretary of Defense and the Secretary of State shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on International Relations of the House of Representatives an annual report that sets forth all direct and indirect costs (including incremental costs) incurred by the Department of Defense during the preceding year in implementing or supporting any resolution adopted by the United Nations Security Council, including any such resolution calling for international sanctions, international peacekeeping operations, international peace enforcement operations, monitoring missions, observer missions, or humanitarian missions undertaken by the Department of Defense. Each such report shall include an aggregate of all such Department of Defense costs by operation or mission, the percentage of the United States contribution by operation or mission, and the total cost of each operation or mission.

    (b) Costs for Assisting Foreign Troops- The Secretary of Defense and the Secretary of State shall detail in each annual report required by this section all direct and indirect costs (including incremental costs) incurred in training, equipping, and otherwise assisting, preparing, resourcing, and transporting foreign troops for implementing or supporting any resolution adopted by the United Nations Security Council, including any such resolution calling for international sanctions, international peacekeeping operations, international peace enforcement operations, monitoring missions, observer missions, or humanitarian missions.

    (c) Credit and Compensation- The Secretary of Defense and the Secretary of State shall detail in each annual report required by this section all efforts made to seek credit against past United Nations expenditures and 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.

    (d) Form of Report- Each annual report required by this section shall be submitted in unclassified form, but may include a classified annex.

SEC. 1088. SENSE OF SENATE ON 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 Senate- It is the sense of the Senate 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. 1089. REPORT ON CLAIMS RELATED TO THE BOMBING OF THE LABELLE DISCOTHEQUE.

    (a) Sense of Congress- It is the sense of Congress that--

      (1) the Government of Libya should be commended for the steps the Government has taken to renounce terrorism and to eliminate Libya's weapons of mass destruction and related programs; and

      (2) an important priority for improving relations between the United States and Libya should be a good faith effort on the part of the Government of Libya to resolve the claims of members of the Armed Forces of the United States and other United States citizens who were injured in the bombing of the LaBelle Discotheque in Berlin, Germany that occurred in April 1986, and of family members of members of the Armed Forces of the United States who were killed in that bombing.

    (b) Reports-

      (1) INITIAL REPORT- Not later than 90 days after the date of enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the status of negotiations between the Government of Libya and United States claimants in connection with the bombing of the LaBelle Discotheque in Berlin, Germany that occurred in April 1986, regarding resolution of their claims. The report shall also include information on efforts by the Government of the United States to urge the Government of Libya to make a good faith effort to resolve such claims.

      (2) UPDATE- Not later than one year after enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees an update of the report required by paragraph (1).

    (c) Appropriate Congressional Committees Defined- In this section, the term `appropriate congressional committees' means the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives.

SEC. 1090. COAL-TO-LIQUID FUEL DEVELOPMENT PLAN.

    (a) Definition of Designated Committees- In this section, the term `designated committees' means--

      (1) the Committees on Armed Services, Energy and Natural Resources, and Appropriations of the Senate; and

      (2) the Committees on Armed Services, Energy and Commerce, and Appropriations of the House of Representatives.

    (b) Development Plan and Report- Not later than 90 days after the date of enactment of this Act, using amounts available to the Department of Defense and the National Energy Technology Laboratory of the Department of Energy--

      (1) the Secretary of Energy, in coordination with the Secretary of Defense, shall prepare and submit to the designated committees a development plan for a coal-to-liquid fuels program; and

      (2) the Secretary of Defense, in coordination with the Secretary of Energy, shall prepare and submit to the designated committees a report on the potential use of the fuels by the Department of Defense.

    (c) Requirements- The development plan described in subsection (b)(1) shall be prepared taking into consideration--

      (1) technology needs and developmental barriers;

      (2) economic and national security effects;

      (3) environmental standards and carbon capture and storage opportunities;

      (4) financial incentives;

      (5) timelines and milestones;

      (6) diverse regions having coal reserves that would be suitable for liquefaction plants;

      (7) coal-liquid fuel testing to meet civilian and military engine standards and markets; and

      (8) any roles other Federal agencies, State governments, and international entities could play in developing a coal-to-liquid fuel industry.

SEC. 1091. SENSE OF SENATE ON COMMON REMOTELY OPERATED WEAPONS STATION (CROWS) PLATFORM.

    (a) Findings- The Senate makes the following findings:

      (1) With only a few systems deployed, the Common Remotely Operated Weapons Station (CROWS) platform is already saving the lives of soldiers today in Iraq by moving soldiers out of the exposed gunner's seat and into the protective shell of an up-armored Humvee.

      (2) The Common Remotely Operated Weapons Station platform dramatically improves battlefield awareness by providing a laser rangefinder, night vision, telescopic vision, a fire control computer that allows on-the-move target acquisition, and one-shot one-kill accuracy at the maximum range of a weapon.

      (3) As they become available, new technologies can be incorporated into the Common Remotely Operated Weapons Station platform, thus making the platform scalable.

      (4) The Army has indicated that an additional $206,000,000 will be required in fiscal year 2006 to procure 750 Common Remotely Operated Weapons Station units for the Armed Forces, and to prepare for future production of such weapons stations.

    (b) Sense of Senate- It is the sense of the Senate that the President should include in the next request submitted to Congress for supplemental funding for military operations in Iraq and Afghanistan sufficient funds for the production in fiscal year 2006 of a number of Common Remotely Operated Weapons Station units that is adequate to meet the requirements of the Armed Forces.

SEC. 1092. REVIEW OF STATUS OF DETAINEES.

    (a) Submittal of Procedures for Status Review of Detainees at Guantanamo Bay, Cuba- 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, and to the Committees on the Judiciary of the Senate and the House of Representatives, a report setting forth the procedures of the Combatant Status Review Tribunals and the noticed Administrative Review Boards in operation at Guantanamo Bay, Cuba, for determining the status of the detainees held at Guantanamo Bay.

    (b) Procedures- The procedures submitted to Congress pursuant to subsection (a) shall, with respect to proceedings beginning after the date of the submittal of such procedures under that subsection, ensure that--

      (1) in making a determination of status of any detainee under such procedures, a Combatant Status Review Tribunal or Administrative Review Board may not consider statements derived from persons that, as determined by such Tribunal or Board, by the preponderance of the evidence, were obtained with undue coercion; and

      (2) the Designated Civilian Official shall be an officer of the United States Government whose appointment to office was made by the President, by and with the advice and consent of the Senate.

    (c) Report on Modification of Procedures- The Secretary of Defense shall submit to the committees of Congress referred to in subsection (a) a report on any modification of the procedures submitted under subsection (a) not later than 60 days before the date on which such modification goes into effect.

    (d) Judicial Review of Detention of Enemy Combatants-

      (1) IN GENERAL- Section 2241 of title 28, United States Code, is amended by adding at the end the following:

    `(e) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien outside the United States (as that term is defined in section 101(a)(38) of the Immigration and Naturalization Act (8 U.S.C. 1101(a)(38)) who is detained by the Department of Defense at Guantanamo Bay, Cuba.'.

      (2) REVIEW OF DECISIONS OF COMBATANT STATUS REVIEW TRIBUNALS OF PROPRIETY OF DETENTION-

        (A) IN GENERAL- Subject to subparagraphs (B), (C), and (D), the United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to determine the validity of any decision of a Designated Civilian Official described in subsection (b)(2) that an alien is properly detained as an enemy combatant.

        (B) LIMITATION ON CLAIMS- The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit under this paragraph shall be limited to claims brought by or on behalf of an alien--

          (i) who is, at the time a request for review by such court is filed, detained by the Department of Defense at Guantanamo Bay, Cuba; and

          (ii) for whom a Combatant Status Review Tribunal has been conducted, pursuant to applicable procedures specified by the Secretary of Defense.

        (C) SCOPE OF REVIEW- The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit on any claims with respect to an alien under this paragraph shall be limited to the consideration of--

          (i) whether the status determination of the Combatant Status Review Tribunal with regard to such alien applied the correct standards and was consistent with the procedures specified by the Secretary of Defense for Combatant Status Review Tribunals (including the requirement that the conclusion of the Tribunal be supported by a preponderance of the evidence and allowing a rebuttable presumption in favor the Government's evidence); and

          (ii) whether subjecting an alien enemy combatant to such standards and procedures is consistent with the Constitution and laws of the United States.

        (D) TERMINATION ON RELEASE FROM CUSTODY- The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit with respect to the claims of an alien under this paragraph shall cease upon the release of such alien from the custody of the Department of Defense.

      (3) REVIEW OF FINAL DECISIONS OF MILITARY COMMISSIONS-

        (A) IN GENERAL- Subject to subparagraphs (C) and (D), the United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction to determine the validity of any final decision rendered pursuant to Military Commission Order No. 1, dated August 31, 2005 (or any successor military order).

        (B) GRANT OF REVIEW- Review under this paragraph--

          (i) with respect to a capital case or a case in which the alien was sentenced to a term of imprisonment of 10 years or more, shall be as of right; or

          (ii) with respect to any other case, shall be at the discretion of the United States Court of Appeals for the District of Columbia Circuit.

        (C) LIMITATION ON APPEALS- The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit under this paragraph shall be limited to an appeal brought by or on behalf of an alien--

          (i) who was, at the time of the proceedings pursuant to the military order referred to in subparagraph (A), detained by the Department of Defense at Guantanamo Bay, Cuba; and

          (ii) for whom a final decision has been rendered pursuant to such military order.

        (D) SCOPE OF REVIEW- The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit on an appeal of a final decision with respect to an alien under this paragraph shall be limited to the consideration of--

          (i) whether the final decision applied the correct standards and was consistent with the procedures specified in the military order referred to in subparagraph (A); and

          (ii) whether subjecting an alien enemy combatant to such order is consistent with the Constitution and laws of the United States.

    (e) Effective Date-

      (1) IN GENERAL- Except as provided in paragraph (2), this section shall take effect on the day after the date of the enactment of this Act.

      (2) REVIEW OF COMBATANT STATUS TRIBUNAL AND MILITARY COMMISSION DECISIONS- Paragraphs (2) and (3) of subsection (d) shall apply with respect to any claim whose review is governed by one of such paragraphs and that is pending on or after the date of the enactment of this Act.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL POLICY

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

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

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

    Section 5543 of title 5, United States Code, is amended by adding at the end the following new subsection:

    `(d) The Secretary of Defense may, on request of a Department of Defense employee paid from nonappropriated funds, grant such employee compensatory time off from duty instead of overtime pay for overtime work.'.

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

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

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

    Section 8905a(d)(4)(B) of title 5, United States Code, is amended--

      (1) in clause (i), by striking `October 1, 2006' and inserting `October 1, 2010'; and

      (2) in clause (ii)--

        (A) by striking `February 1, 2007' and inserting `February 1, 2011'; and

        (B) by striking `October 1, 2006' and inserting `October 1, 2010'.

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

    (a) PERMANENT AUTHORITY FOR PROGRAM- Section 1105 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2074; 10 U.S.C. 2192 note) is amended--

      (1) in subsection (a)--

        (A) by striking `(1)'; and

        (B) by striking paragraph (2); and

      (2) by striking `pilot' each place it appears.

    (b) ASSISTANCE UNDER PROGRAM- Such section is further amended--

      (1) in subsection (b)--

        (A) by striking `(b)' and all that follows through `a scholarship' and inserting `(b) ASSISTANCE- (1) Under the program under this section, the Secretary of Defense may award a scholarship or fellowship';

        (B) in paragraph (1)(B), by inserting `accredited' before `institution of higher education';

        (C) in paragraph (2)--

          (i) by inserting `or fellowship' after `scholarship';

          (ii) by inserting `equipment expenses,' after `laboratory expenses,'; and

          (iii) by striking the second sentence; and

        (D) by adding at the end the following new paragraph:

    `(3) Any assistance payable to a person under this subsection may be paid directly to the person awarded such assistance or to an administering entity that shall disburse such assistance to the person.'; and

      (2) in subsection (c)(2)--

        (A) by striking `a scholarship' and inserting `financial assistance';

        (B) by striking `the financial assistance provided under the scholarship' and inserting `such financial assistance'; and

        (C) by striking `the scholarship.' and inserting `such financial assistance.'.

    (c) EMPLOYMENT OF PROGRAM PARTICIPANTS- Such section is further amended--

      (1) by redesignating subsections (d), (e), (f), (g), and (h) as subsections (e), (f), (g), (h), and (i), respectively; and

      (2) by inserting after subsection (c) the following new subsection (d):

    `(d) EMPLOYMENT OF PROGRAM PARTICIPANTS- (1) The Secretary of Defense may--

      `(A) appoint or retain a person participating in the program under this section in a position on an interim basis during the period of such person's pursuit of a degree under the program and for a period not to exceed 2 years after completion of the degree, but only if, in the case of the period after completion of the degree--

        `(i) there is no readily available appropriate permanent position for such person; and

        `(ii) there is an active and ongoing effort to identify and assign such person to an appropriate permanent position as soon as practicable; and

      `(B) if there is no appropriate permanent position available after the end of the periods described in subparagraph (A), separate such person from employment with the Department without regard to any other provision of law, in which event the service agreement of such person under subsection (c) shall terminate.

    `(2) The period of service of a person covered by paragraph (1) in a position on an interim basis under that paragraph shall, after completion of the degree, be treated as a period of service for purposes of satisfying the obligated service requirements of the person under the service agreement of the person under subsection (c).'.

    (d) REFUND FOR PERIOD OF UNSERVED OBLIGATED SERVICE- Paragraph (1) of subsection (e) of such section, as redesignated by subsection (c)(1) of this section, is amended to read as follows:

    `(1)(A) A participant in the program under this section who is not an employee of the Department of Defense and who voluntarily fails to complete the educational program for which financial assistance has been provided under this section, or fails to maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary of Defense, shall refund to the United States an appropriate amount, as determined by the Secretary.

    `(B) A participant in the program under this section who is an employee of the Department of Defense and who--

      `(i) voluntarily fails to complete the educational program for which financial assistance has been provided, or fails to maintain satisfactory academic progress as determined in accordance with regulations prescribed by the Secretary; or

      `(ii) before completion of the period of obligated service required of such participant--

        `(I) voluntarily terminates such participant's employment with the Department; or

        `(II) is removed from such participant's employment with the Department on the basis of misconduct,

    shall refund the United States an appropriate amount, as determined by the Secretary.'.

    (e) CONFORMING AMENDMENTS-

      (1) Subsection (f) of such section, as redesignated by subsection (c)(1) of this section, is further amended by striking `PILOT'.

      (2) The heading of such section is amended to read as follows:

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

      (3) Section 3304(a)(3)(B)(ii) of title 5, United States Code, is--

        (A) by striking `Scholarship Pilot Program' and inserting `Defense Education Program'; and

        (B) by inserting `(10 U.S.C. 2912 note)' after `for Fiscal Year 2005'.

SEC. 1106. STRATEGIC HUMAN CAPITAL PLAN FOR CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE.

    (a) PLAN REQUIRED- (1) Not later than six months after the date of the enactment of this Act, the Secretary of Defense shall develop and submit to the appropriate committees of Congress a strategic plan to shape and improve the civilian employee workforce of the Department of Defense.

    (2) The plan shall be known as the `strategic human capital plan'.

    (b) CONTENTS- The strategic human capital plan required by subsection (a) shall include--

      (1) a workforce gap analysis, including an assessment of--

        (A) the critical skills and competencies that will be needed in the future civilian employee workforce of the Department of Defense to support national security requirements and effectively manage the Department over the next decade;

        (B) the skills and competencies of the existing civilian employee workforce of the Department and projected trends in that workforce based on expected losses due to retirement and other attrition; and

        (C) gaps in the existing or projected civilian employee workforce of the Department that should be addressed to ensure that the Department has continued access to the critical skills and competencies described in subparagraph (A); and

      (2) a plan of action for developing and reshaping the civilian employee workforce of the Department to address the gaps in critical skills and competencies identified under paragraph (1)(C), including--

        (A) specific recruiting and retention goals, including the program objectives of the Department to be achieved through such goals; and

        (B) specific strategies for development, training, deploying, compensating, and motivating the civilian employee workforce of the Department, including the program objectives of the Department to be achieved through such strategies.

    (c) INAPPLICABILITY OF CERTAIN LIMITATIONS- The recruitment and retention of civilian employees to meet the goals established under subsection (b)(2)(A) shall not be subject to any limitation or constraint under statute or regulations on the end strength of the civilian workforce of the Department of Defense or any part of the workforce of the Department.

    (d) ANNUAL UPDATES- Not later than March 1 of each year from 2007 through 2012, the Secretary shall update the strategic human capital plan required by subsection (a), as previously updated under this subsection.

    (e) ANNUAL REPORTS- Not later than March 1 of each year from 2007 through 2012, the Secretary shall submit to the appropriate committees of Congress--

      (1) the update of the strategic human capital plan prepared in such year under subsection (d); and

      (2) the assessment of the Secretary, using results-oriented performance measures, of the progress of the Department of Defense in implementing the strategic human capital plan.

    (f) COMPTROLLER GENERAL REVIEW- (1) Not later than 90 days after the Secretary submits under subsection (a) the strategic human capital plan required by that subsection, the Comptroller General shall submit to the appropriate committees of Congress a report on the plan.

    (2) Not later than 90 days after the Secretary submits under subsection (e) an update of the strategic human capital plan under subsection (d), the Comptroller General shall submit to the appropriate committees of Congress a report on the update.

    (3) A report on the strategic human capital plan under paragraph (1), or on an update of the plan under paragraph (2), shall include the assessment of the Comptroller General of the extent to which the plan or update, as the case may be--

      (A) complies with the requirements of this section; and

      (B) complies with applicable best management practices (as determined by the Comptroller General).

    (g) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this section, the term `appropriate committees of Congress' means--

      (1) the Committees on Armed Services and Homeland Security and Governmental Affairs of the Senate; and

      (2) the Committees on Armed Services and Government Reform of the House of Representatives.

SEC. 1107. INCREASE IN AUTHORIZED NUMBER OF DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE EMPLOYEES.

    Section 1606(a) of title 10, United States Code, is amended by striking `544' and inserting `the following:

      `(1) In fiscal year 2005, 544.

      `(2) In fiscal year 2006, 619.

      `(3) In fiscal years after fiscal year 2006, 694.'.

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

    (a) In General- The Comptroller General of the United States shall conduct a study to identify the features of successful personnel management systems of the highly technical and scientific workforces of the Department of Defense laboratories and similar scientific facilities and institutions.

    (b) Elements- The study required by subsection (a) shall include the following:

      (1) An examination of the flexible personnel management authorities, whether under statute or regulations, currently being utilized at Department of Defense demonstration laboratories to assist in the management of the workforce of such laboratories.

      (2) An identification of any flexible personnel management authorities, whether under statute or regulations, available for use in the management of Department of Defense laboratories to assist in the management of the workforces of such laboratories that are not currently being utilized.

      (3) An assessment of personnel management practices utilized by scientific and technical laboratories and institutions that are similar to the Department of Defense laboratories.

      (4) A comparative analysis of the specific features identified by the Comptroller General in successful personnel management systems of highly technical and scientific workforces to attract and retain critical employees and to provide local management authority to Department of Defense laboratory officials.

    (c) Purposes- The purposes of the study shall include--

      (1) the identification of the specific features of successful personnel management systems of highly technical and scientific workforces;

      (2) an assessment of the potential effects of the utilization of such features by Department of Defense laboratories on the missions of such laboratories and on the mission of the Department of Defense as a whole; and

      (3) recommendations as to the future utilization of such features in Department of Defense laboratories.

    (d) Laboratory Personnel Demonstration Authorities- The laboratory personnel demonstration authorities set forth in this subsection are as follows:

      (1) The authorities in section 342(b) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2721), as amended by section 1114 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398 (114 Stat. 1654A-315)).

      (2) The authorities in section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 5 U.S.C. 3104 note).

    (e) Report- Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate committees of Congress a report on the study required by this section. The report shall include--

      (1) a description of the study;

      (2) an assessment of the effectiveness of the current utilization by the Department of Defense of the laboratory personnel demonstration authorities set forth in subsection (d); and

      (3) such recommendations as the Comptroller General considers appropriate for the effective use of available personnel management authorities to ensure the successful personnel management of the highly technical and scientific workforce of the Department of Defense laboratories.

    (f) Appropriate Committees of Congress Defined- In this section, the term `appropriate committees of Congress' means--

      (1) the Committees on Armed Services, Appropriations, and Homeland Security and Governmental Affairs of the Senate; and

      (2) the Committees on Armed Services, Appropriations, and Government Reform of the House of Representatives.

SEC. 1109. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-76.

    (a) Eligibility to Protest- (1) Section 3551(2) of title 31, United States Code, is amended to read as follows:

      `(2) The term `interested party'--

        `(A) with respect to a contract or a solicitation or other request for offers described in paragraph (1), means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of the contract or by failure to award the contract; and

        `(B) with respect to a public-private competition conducted under Office of Management and Budget Circular A-76 regarding performance of an activity or function of a Federal agency, includes--

          `(i) any official who submitted the agency tender in such competition; and

          `(ii) any one person who, for the purpose of representing them in a protest under this subchapter that relates to such competition, has been designated as their agent by a majority of the employees of such Federal agency who are engaged in the performance of such activity or function.'.

    (2)(A) Subchapter V of chapter 35 of such title is amended by adding at the end the following new section:

`Sec. 3557. Expedited action in protests for Public-Private competitions

    `For protests in cases of public-private competitions conducted under Office of Management and Budget Circular A-76 regarding performance of an activity or function of Federal agencies, the Comptroller General shall administer the provisions of this subchapter in a manner best suited for expediting final resolution of such protests and final action in such competitions.'.

    (B) The chapter analysis at the beginning of such chapter is amended by inserting after the item relating to section 3556 the following new item:

      `3557. Expedited action in protests for public-private competitions.'.

    (b) Right to Intervene in Civil Action- Section 1491(b) of title 28, United States Code, is amended by adding at the end the following new paragraph:

    `(5) If a private sector interested party commences an action described in paragraph (1) in the case of a public-private competition conducted under Office of Management and Budget Circular A-76 regarding performance of an activity or function of a Federal agency, then an official or person described in section 3551(2)(B) of title 31 shall be entitled to intervene in that action.'.

    (c) Applicability- Subparagraph (B) of section 3551(2) of title 31, United States Code (as added by subsection (a)), and paragraph (5) of section 1491(b) of title 28, United States Code (as added by subsection (b)), shall apply to--

      (1) protests and civil actions that challenge final selections of sources of performance of an activity or function of a Federal agency that are made pursuant to studies initiated under Office of Management and Budget Circular A-76 on or after January 1, 2004; and

      (2) any other protests and civil actions that relate to public-private competitions initiated under Office of Management and Budget Circular A-76 on or after the date of the enactment of this Act.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

SEC. 1201. COMMANDERS' EMERGENCY RESPONSE PROGRAM.

    (a) Authority for Fiscal Years 2006 AND 2007- During fiscal year 2006 and fiscal year 2007, from funds made available to the Department of Defense for operation and maintenance for such fiscal year, not to exceed $500,000,000 may be used in each such fiscal year to provide funds--

      (1) for the Commanders' Emergency Response Program; and

      (2) for a similar program to assist the people of Afghanistan.

    (b) Quarterly Reports- Not later than 15 days after the end of each fiscal-year quarter (beginning with the first quarter of fiscal year 2006), the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that quarter that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes of the programs under subsection (a).

    (c) COMMANDERS' EMERGENCY RESPONSE PROGRAM DEFINED- In this section, the term `Commanders' Emergency Response Program' means the program established by the Administrator of the Coalition Provisional Authority for the purpose of enabling United States military commanders in Iraq to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the Iraqi people.

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

    (a) INCREASE IN AUTHORIZED EXPENSES ASSOCIATED WITH DETECTION AND CLEARANCE OF LANDMINES- Subsection (c)(3) of section 401 of title 10, United States Code, is amended by striking `$5,000,000' and inserting `$10,000,000'.

    (b) INCLUSION OF ASSISTANCE ON COMMUNICATIONS AND INFORMATION INFRASTRUCTURE UNDER AUTHORITY- Such section is further amended--

      (1) in subsection (c)--

        (A) by redesignating paragraph (4) as paragraph (5); and

        (B) by inserting after paragraph (3) the following new paragraph (4):

    `(4) Expenses covered by paragraph (1) also include expenses incurred in providing communications or information systems equipment or supplies that are transferred or otherwise furnished to a foreign country in furtherance of the provision of other assistance under this section.'; and

      (2) in subsection (e), by adding at the end the following new paragraph:

      `(6) Restoring or improving the information and communications infrastructure of a country, including activities relating to the furnishing of education, training, and technical assistance with respect to information and communications technology.'.

    (c) EXPANSION OF AUTHORITY TO PROVIDE MEDICAL, DENTAL, AND VETERINARY CARE- Subsection (e)(1) of such section is amended by inserting before the period the following: `, including education, training, and technical assistance related to the care provided'.

    (d) EFFECTIVE DATE- The amendments made by this section shall take effect on October 1, 2005.

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

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

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

    (a) AUTHORITY TO PAY CERTAIN TRAVEL EXPENSES OF MILITARY OFFICERS ON COALITION MISSIONS- Subsection (b) of section 1051a of title 10, United States Code, is amended by adding at the end the following new paragraph:

    `(3) The Secretary may pay the travel expenses of a military officer of a developing country involved in coalition operations while temporarily assigned to the headquarters of a combatant command, component command, or subordinate operational command for the mission-related roundtrip travel of such officer, upon the direction of the commander of such command, from such headquarters to one or more locations specified by the commander of such command if such travel is determined to be in support of United States national interests.'.

    (b) EXTENSION OF AUTHORITY TO PAY TRAVEL EXPENSES- Subsection (e) of such section is amended by striking `September 30, 2005' and inserting `September 30, 2009'.

    (c) EFFECTIVE DATE- The amendments made by this section shall take effect on October, 1, 2005.

SEC. 1205. PROHIBITION ON ENGAGING IN CERTAIN TRANSACTIONS.

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

`PENALTIES

    `SEC. 206. (a) It shall be unlawful for--

      `(1) a person to violate or attempt to violate any license, order, regulation, or prohibition issued under this title;

      `(2) a person subject to the jurisdiction of the United States to take any action to evade or avoid, or attempt to evade or avoid, a license, order, regulation, or prohibition issued this title; or

      `(3) a person subject to the jurisdiction of the United States to approve, facilitate, or provide financing for any action, regardless of who initiates or completes the action, if it would be unlawful for such person to initiate or complete the action.

    `(b) A civil penalty of not to exceed $250,000 may be imposed on any person who commits an unlawful act described in paragraph (1), (2), or (3) of subsection (a).

    `(c) A person who willfully commits, or willfully attempts to commit, an unlawful act described in paragraph (1), (2), or (3) of subsection (a) shall, upon conviction, be fined not more than $500,000, or a natural person, may be imprisoned not more than 10 years, or both; and any officer, director, or agent of any person who knowingly participates, or attempts to participate, in such unlawful act may be punished by a like fine, imprisonment, or both.'.

    (b) Production of Records- Section 203(a)(2) of the International Emergency Economic Powers Act (50 U.S.C. 1702(a)(2)) is amended to read as follows:

      `(2) In exercising the authorities granted by paragraph (1), the President may require any person to keep a full record of, and to furnish under oath, in the form of reports, testimony, answers to questions, or otherwise, complete information relative to any act or transaction referred to in paragraph (1), either before, during, or after the completion thereof, or relative to any interest in foreign property, or relative to any property in which any foreign country or any national thereof has or has had any interest, or as may be otherwise necessary to enforce the provisions of such paragraph. The President may require by subpoena or otherwise the production under oath by any person of all such information, reports, testimony, or answers to questions, as well as the production of any required books of accounts, records, contracts, letters, memoranda, or other papers, in the custody or control of any person. The subpoena or other requirement, in the case of contumacy or refusal to obey, shall be enforceable by order of any appropriate United States district court.'.

    (c) Clarification of Jurisdiction To Address IEEPA Violations- Section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702) is further amended by adding at the end the following:

    `(d) The district courts of the United States shall have jurisdiction to issue such process described in subsection (a)(2) as may be necessary and proper in the premises to enforce the provisions of this title.'.

SEC. 1206. BUILDING THE PARTNERSHIP SECURITY CAPACITY OF FOREIGN MILITARY AND SECURITY FORCES.

    (a) AUTHORITY- The President may authorize building the capacity of partner nations' military or security forces to disrupt or destroy terrorist networks, close safe havens, or participate in or support United States, coalition, or international military or stability operations.

    (b) TYPES OF PARTNERSHIP SECURITY CAPACITY BUILDING- The partnership security capacity building authorized under subsection (a) may include the provision of equipment, supplies, services, training, and funding.

    (c) AVAILABILITY OF FUNDS- The Secretary of Defense may, at the request of the Secretary of State, support partnership security capacity building as authorized under subsection (a) by transferring funds available to the Department of Defense to the Department of State. Any funds so transferred shall remain available until expended. The amount of such partnership security capacity building support provided by the Department of Defense under this section may not exceed $750,000,000 in any fiscal year.

    (d) CONGRESSIONAL NOTIFICATION- Before building partnership security capacity under this section, the Secretaries of State and Defense shall submit to their congressional oversight committees a notification of the nations designated by the President with which partnership security capacity will be built under this section and the nature and amounts of security capacity building to occur. Any such notification shall be submitted not less than 15 days before the provision of such partnership security capacity building.

    (e) COMPLEMENTARY AUTHORITY- The authority to support partnership security capacity building under this section is in addition to any other authority of the Department of Defense to provide assistance to a foreign country.

    (f) APPLICABLE LAW- The authorities and limitations in the Foreign Assistance Act of 1961 and the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 shall be applicable to assistance provided and funds transferred under the authority of this section.

    (g) MILITARY AND SECURITY FORCES DEFINED- In this section, the term `military and security forces' includes armies, guard, border security, civil defense, infrastructure protection, and police forces.

    (h) EXPIRATION- The authority in this section shall expire on September 30, 2007.

SEC. 1207. SECURITY AND STABILIZATION ASSISTANCE.

    (a) IN GENERAL- Notwithstanding any other provision of law, upon a request from the Secretary of State, with the agreement of the Secretary of Defense and upon a determination by the President that an unforeseen emergency exists that requires immediate reconstruction, security, or stabilization assistance to a foreign country for the purpose of restoring or maintaining peace and security in that country, and that the provision of such assistance is in the national security interests of the United States, the Secretary of Defense may authorize the use or transfer of defense articles, services, training or other support, including support acquired by contract or otherwise, to provide such assistance.

    (b) AVAILABILITY OF FUNDS- Subject to subsection (a), the Secretary of Defense may transfer funds available to the Department of Defense to the Department of State or to any other Federal agency to carry out the purposes of this section, and funds so transferred shall remain available until expended.

    (c) LIMITATION- The aggregate value of assistance provided or funds transferred under the authority of this section may not exceed $200,000,000.

    (d) COMPLEMENTARY AUTHORITY- The authority to provide assistance under this section is in addition to any other authority of the Department of Defense to provide assistance to a foreign country.

    (e) NOTIFICATION REQUIREMENTS- Before the exercise of the authority in this section, the President shall notify Congress of the exercise of such authority in accordance with the procedures set forth in section 652 of the Foreign Assistance Act of 1961 (22 U.S.C. 2411).

    (f) APPLICABLE LAW- (1) The authorities and limitations in the Foreign Assistance Act of 1961 and the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 shall be applicable to assistance provided and funds transferred under the authority of this section.

    (2) Any authority available to the President to waive a provision of law referred to in paragraph (1) may be exercised by the President in a written document executed pursuant to subsection (a).

    (g) EXPIRATION- The authority in this section shall expire on September 30, 2007.

SEC. 1208. REPORT ON NONSTRATEGIC NUCLEAR WEAPONS.

    (a) Review- Not later than six months after date of enactment the Secretary of Defense shall, in consultation with the Secretary of State, 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, in consultation with the Secretary of State and the Secretary of Energy, submit a joint report 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 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 an unclassified annex.

SEC. 1209. SENSE OF CONGRESS ON SUPPORT FOR NUCLEAR NON-PROLIFERATION TREATY.

    Congress--

      (1) reaffirms its support for the objectives of the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (the `Nuclear Non-Proliferation Treaty');

      (2) expresses its support for all appropriate measures to strengthen the Nuclear Non-Proliferation Treaty and to attain its objectives; and

      (3) calls on all parties to the Nuclear Non-Proliferation Treaty--

        (A) to insist on strict compliance with the non-proliferation obligations of the Nuclear Non-Proliferation Treaty and to undertake effective enforcement measures against states that are in violation of their obligations under the Treaty;

        (B) to agree to establish more effective controls on enrichment and reprocessing technologies that can be used to produce materials for nuclear weapons;

        (C) to expand the ability of the International Atomic Energy Agency to inspect and monitor compliance with safeguard agreements and standards to which all states should adhere through existing authority and the additional protocols signed by the states party to the Nuclear Non-Proliferation Treaty;

        (D) to demonstrate the international community's unified opposition to a nuclear weapons program in Iran by--

          (i) supporting the efforts of the United States and the European Union to prevent the Government of Iran from acquiring a nuclear weapons capability; and

          (ii) using all appropriate diplomatic means at their disposal to convince the Government of Iran to abandon its uranium enrichment program;

        (E) to strongly support the ongoing United States diplomatic efforts in the context of the six-party talks that seek the verifiable and irreversible disarmament of North Korea's nuclear weapons programs and to use all appropriate diplomatic means to achieve this result;

        (F) to pursue diplomacy designed to address the underlying regional security problems in Northeast Asia, South Asia, and the Middle East, which would facilitate non-proliferation and disarmament efforts in those regions;

        (G) to accelerate programs to safeguard and eliminate nuclear weapons-usable material to the highest standards to prevent access by terrorists and governments;

        (H) to halt the use of highly enriched uranium in civilian reactors;

        (I) to strengthen national and international export controls and relevant security measures as required by United Nations Security Council Resolution 1540;

        (J) to agree that no state may withdraw from the Nuclear Non-Proliferation Treaty and escape responsibility for prior violations of the Treaty or retain access to controlled materials and equipment acquired for `peaceful' purposes;

        (K) to accelerate implementation of disarmament obligations and commitments under the Nuclear Non-Proliferation Treaty for the purpose of reducing the world's stockpiles of nuclear weapons and weapons-grade fissile material; and

        (L) to strengthen and expand support for the Proliferation Security Initiative.

SEC. 1210. THE UNITED STATES-CHINA ECONOMIC AND 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, has helped create a new tier of countries with the capability to produce WMD and ballistic missiles;

        (E) the removal of the European Union arms embargo against China that is currently under consideration in the European Union would accelerate weapons modernization and dramatically enhance Chinese military capabilities;

        (F) China is developing a leading-edge military with the objective of intimidating Taiwan and deterring United States involvement in the 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-

      (1) PLAN- It is the sense of Congress that the President should take immediate steps to establish a coherent and comprehensive plan to address the emergence of China economically, diplomatically, and militarily, to promote mutually beneficial trade relations with China, and to encourage China's adherence to international norms in the areas of trade, international security, and human rights.

      (2) CONTENTS- The plan should contain the following:

        (A) Actions to address China's policy of undervaluing its currency, including--

          (i) encouraging China to continue to upwardly revalue the Chinese yuan against the United States dollar;

          (ii) allowing the yuan to float against a trade-weighted basket of currencies; and

          (iii) concurrently encouraging United States trading partners with similar interests to join in these efforts.

        (B) 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 exchange rate manipulation, denial of trading and distribution rights, insufficient intellectual property rights protection, objectionable labor standards, subsidization of exports, and forced technology transfers as a condition of doing business. The United States Trade Representative should consult with our trading partners regarding any trade dispute with China.

        (C) 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.

        (D) 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 North Korea's commercial export of ballistic missiles.

        (E) Actions by the Secretaries of State and Energy to consult with the International 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.

        (F) 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.

        (G) 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.

        (H) Actions by the President and the Secretaries of State and Defense to press strongly their European Union counterparts to maintain the EU arms embargo on China.

        (I) Actions by the administration to discourage foreign defense contractors from selling sensitive military use technology or weapons systems to China. The administration should provide a comprehensive annual report to the appropriate committees of Congress on the nature and scope of foreign military sales to China, particularly sales by Russia and Israel.

SEC. 1211. UNITED STATES POLICY ON IRAQ.

    (a) Short Title- This section may be cited as the `United States Policy on Iraq Act'.

    (b) Sense of Senate- It is the sense of the Senate that, in order to succeed in Iraq--

      (1) members of the United States Armed Forces who are serving or have served in Iraq and their families deserve the utmost respect and the heartfelt gratitude of the American people for their unwavering devotion to duty, service to the Nation, and selfless sacrifice under the most difficult circumstances;

      (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;

      (3) 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;

      (4) United States military forces should not stay in Iraq any longer than required and the people of Iraq should be so advised;

      (5) 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

      (6) the Administration needs to explain to Congress and the American people its strategy for the 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 an unclassified report on United States policy and military operations in Iraq. Each report shall include to the extent practical, the following unclassified information:

      (1) The current military mission and the diplomatic, political, economic, and military measures, if any, 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 the effort to stabilize Iraq and to forge a broad-based and sustainable political settlement.

        (C) Strengthening the capacity of Iraq's government ministries.

        (D) Accelerating the delivery of basic services.

        (E) Securing the delivery of pledged economic assistance from the international community and additional pledges of assistance.

        (F) Training Iraqi security forces and transferring 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 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 schedule for meeting such conditions, an assessment of the extent to which such conditions have been met, information regarding variables that could alter that schedule, and the reasons for any subsequent changes to that schedule.

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

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

    (a) Specification of CTR Programs- For purposes of section 301 and other provisions of this Act, Cooperative Threat Reduction programs are the programs specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note).

    (b) Fiscal Year 2006 COOPERATIVE THREAT REDUCTION FUNDS DEFINED- As used in this title, the term `fiscal year 2006 Cooperative Threat Reduction funds' means the funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs.

    (c) Availability of Funds- Funds appropriated pursuant to the authorization of appropriations in section 301 for Cooperative Threat Reduction programs shall be available for obligation for three fiscal years.

SEC. 1302. FUNDING ALLOCATIONS.

    (a) FUNDING FOR SPECIFIC PURPOSES- Of the $415,549,000 authorized to be appropriated to the Department of Defense for fiscal year 2006 in section 301(19) for Cooperative Threat Reduction programs, the following amounts may be obligated for the purposes specified:

      (1) For strategic offensive arms elimination in Russia, $78,900,000.

      (2) For nuclear weapons storage security in Russia, $74,100,000.

      (3) For nuclear weapons transportation security in Russia, $30,000,000.

      (4) For weapons of mass destruction proliferation prevention in the states of the former Soviet Union, $40,600,000.

      (5) For biological weapons proliferation prevention in the former Soviet Union, $60,849,000.

      (6) For chemical weapons destruction in Russia, $108,500,000.

      (7) For defense and military contacts, $8,000,000.

      (8) For activities designated as Other Assessments/Administrative Support, $14,600,000.

    (b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR OTHER PURPOSES- No fiscal year 2006 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than a purpose listed in paragraphs (1) through (8) of subsection (a) until 30 days after the date that the Secretary of Defense submits to Congress a report on the purpose for which the funds will be obligated or expended and the amount of funds to be obligated or expended. Nothing in the preceding sentence shall be construed as authorizing the obligation or expenditure of fiscal year 2006 Cooperative Threat Reduction funds for a purpose for which the obligation or expenditure of such funds is specifically prohibited under this title or any other provision of law.

    (c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS- (1) Subject to paragraphs (2) and (3), in any case in which the Secretary of Defense determines that it is necessary to do so in the national interest, the Secretary may obligate amounts appropriated for fiscal year 2006 for a purpose listed in any of the paragraphs in subsection (a) in excess of the specific amount authorized for that purpose.

    (2) An obligation of funds for a purpose stated in any of the paragraphs in subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided in paragraph (1) only after--

      (A) the Secretary submits to Congress notification of the intent to do so together with a complete discussion of the justification for doing so; and

      (B) 15 days have elapsed following the date of the notification.

    (3) The Secretary may not, under the authority provided in paragraph (1), obligate amounts for a purpose stated in any of paragraphs (6) through (8) of subsection (a) in excess of 125 percent of the specific amount authorized for such purpose.

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

    Section 1306 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 22 U.S.C. 5952 note) is amended--

      (1) by striking subsections (c) and (d); and

      (2) by redesignating subsection (e) as subsection (c).

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

    (a) IN GENERAL- Subsection (a) of section 1308 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1662; 22 U.S.C. 5963) is amended--

      (1) by striking `the President may' and inserting `the Secretary of Defense may'; and

      (2) by striking `if the President' and inserting `if the Secretary of Defense, with the concurrence of the Secretary of State,'.

    (b) AVAILABILITY OF FUNDS- Subsection (d) of such section is amended--

      (1) in paragraph (1)--

        (A) by striking `The President' and inserting `The Secretary of Defense'; and

        (B) by striking `the President' and inserting `the Secretary of Defense, with the concurrence of the Secretary of State,'; and

      (2) in paragraph (2)--

        (A) by striking `10 days after' and inserting `15 days before'; and

        (B) by striking `the President shall notify Congress' and inserting `the Secretary of Defense shall notify the congressional defense committees'.

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

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

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

    (a) REPEAL OF RESTRICTIONS-

      (1) SOVIET NUCLEAR THREAT REDUCTION ACT OF 1991- Section 211(b) of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102-228; 22 U.S.C. 2551 note) is repealed.

      (2) COOPERATIVE THREAT REDUCTION ACT OF 1993- Section 1203(d) of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160; 22 U.S.C. 5952(d)) is repealed.

      (3) RUSSIAN CHEMICAL WEAPONS DESTRUCTION FACILITIES- Section 1305 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) is repealed.

    (b) INAPPLICABILITY OF OTHER RESTRICTIONS-

    Section 502 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (Public Law 102-511; 106 Stat. 3338; 22 U.S.C. 5852) shall not apply to any Cooperative Threat Reduction program.

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

SEC. 1401. PURPOSE.

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

SEC. 1402. DESIGNATION AS EMERGENCY AMOUNTS.

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

SEC. 1403. ARMY PROCUREMENT.

    (a) IN GENERAL- Funds are hereby authorized to be appropriated for fiscal year 2006 for procurement accounts of the Army in amounts as follows:

      (1) For aircraft, $70,300,000.

      (2) For weapons and tracked combat vehicles, $27,800,000.

      (3) For other procurement $376,700,000.

    (b) AVAILABILITY OF CERTAIN AMOUNTS-

      (1) AVAILABILITY- Of the amount authorized to be appropriated by subsection (a)(3), $225,000,000 shall be available for purposes as follows:

        (A) Procurement of up-armored high mobility multipurpose wheeled vehicles (UAHs).

        (B) Procurement of wheeled vehicle add-on armor protection, including armor for M1151/M1152 high mobility multipurpose wheeled vehicles.

        (C) Procurement of M1151/M1152 high mobility multipurpose wheeled vehicles.

      (2) ALLOCATION OF FUNDS-

        (A) IN GENERAL- Subject to subparagraph (B), the Secretary of the Army shall allocate the manner in which amounts available under paragraph (1) shall be available for the purposes specified in that paragraph.

        (B) LIMITATION- Amounts available under paragraph (1) may not be allocated under subparagraph (A) until the Secretary certifies to the congressional defense committees that the Army has a validated requirement for procurement for a purpose specified in paragraph (1) based on a statement of urgent needs from a commander of a combatant command.

        (C) REPORTS- Not later than 15 days after an allocation of funds is made under subparagraph (A), the Secretary shall submit to the congressional defense committees a report describing such allocation of funds.

SEC. 1404. NAVY AND MARINE CORPS PROCUREMENT.

    (a) NAVY- Funds are hereby authorized to be appropriated for fiscal year 2006 for the procurement accounts of the Navy in amounts as follows:

      (1) For aircraft, $183,800,000.

      (2) For weapons, including missiles and torpedoes, $165,500,000.

      (3) For other procurement, $30,800,000.

    (b) MARINE CORPS- Funds are hereby authorized to be appropriated for fiscal year 2006 for the procurement account for the Marine Corps in the amount of $429,600,000.

    (c) NAVY AND MARINE CORPS AMMUNITION- Funds are hereby authorized to be appropriated for fiscal year 2006 for the procurement account for ammunition for the Navy and the Marine Corps in the amount of $104,500,000.

    (d) AVAILABILITY OF CERTAIN AMOUNTS-

      (1) AVAILABILITY- Of the amount authorized to be appropriated by subsection (b), $340,400,000 shall be available for purposes as follows:

        (A) Procurement of up-armored high mobility multipurpose wheeled vehicles (UAHs).

        (B) Procurement of wheeled vehicle add-on armor protection, including armor for M1151/M1152 high mobility multipurpose wheeled vehicles.

        (C) Procurement of M1151/M1152 high mobility multipurpose wheeled vehicles.

      (2) ALLOCATION OF FUNDS-

        (A) IN GENERAL- Subject to subparagraph (B), the Secretary of the Navy shall allocate the manner in which amounts available under paragraph (1) shall be available for the purposes specified in that paragraph.

        (B) LIMITATION- Amounts available under paragraph (1) may not be allocated under subparagraph (A) until the Secretary certifies to the congressional defense committees that the Marine Corps has a validated requirement for procurement for a purpose specified in paragraph (1) based on a statement of urgent needs from a commander of a combatant command.

        (C) REPORTS- Not later than 15 days after an allocation of funds is made under subparagraph (A), the Secretary shall submit to the congressional defense committees a report describing such allocation of funds.

SEC. 1405. TACTICAL WHEELED VEHICLES.

    (a) Additional Amount for Other Procurement, Army- The amount authorized to be appropriated by section 1403(a)(3) for other procurement for the Army is hereby increased by $360,800,000.

    (b) Availability of Amount- Of the amount authorized to be appropriated by section 1403(a)(3) for other procurement for the Army, as increased by subsection (a), $360,800,000 may be made available--

      (1) for the procurement of armored Tactical Wheeled Vehicles for units deployed in Iraq and Afghanistan, including the procurement of armored Light Tactical Vehicles (LTVs), armored Medium Tactical Vehicles (MTVs), including Low Signature Armored Cabs for the family of MTVs, and armored Heavy Tactical Vehicles (HTVs); and

      (2) to the extent the Secretary of the Army determines that such amount is not needed for the procurement of such armored Tactical Wheeled Vehicles for units deployed in Iraq and Afghanistan, for the procurement of such armored vehicles in accordance with other priorities of the Army.

    (c) Offset- The amount authorized to be appropriated by section 1409(a) for the Iraq Freedom Fund is hereby reduced by $360,800,000.

SEC. 1406. REDUCTION IN AUTHORIZATION OF APPROPRIATIONS FOR IRAQ FREEDOM FUND.

    The amount authorized to be appropriated for fiscal year 2006 for the Iraq Freedom Fund is the amount specified by section 1409(a) of this Act, reduced by $445,400,000.

SEC. 1407. AIR FORCE PROCUREMENT.

    (a) In General- Funds are hereby authorized to be appropriated for fiscal year 2006 for the procurement accounts for the Air Force in the amounts as follows:

      (1) For aircraft, $323,200,000.

      (2) For other procurement, $51,900,000.

    (b) Availability of Certain Amounts- Of the amounts authorized to be appropriated by subsection (a)(1), $218,500,000 may be available for purposes as follows:

      (1) Procurement of Predator MQ-1 air vehicles, initial spares, and RSP kits.

      (2) Procurement of Containerized Dual Control Station Launch and Recovery Elements.

      (3) Procurement of a Fixed Ground Control Station.

      (4) Procurement of other upgrades to Predator MQ-1 Ground Control Stations, spares, and signals intelligence packages.

SEC. 1408. REDUCTION IN AUTHORIZATION OF APPROPRIATIONS FOR IRAQ FREEDOM FUND.

    The amount authorized to be appropriated for fiscal year 2006 for the Iraq Freedom Fund is the amount specified by section 1409(a) of this Act, reduced by $218,500,000.

SEC. 1409. OPERATION AND MAINTENANCE.

    Funds are hereby authorized to be appropriated for fiscal year 2006 for the use of the Armed Forces for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:

      (1) For the Army, $22,139,775,000, of which $200,000,000 may be made available for linguistic support operations in Iraq and Afghanistan.

      (2) For the Navy, $1,944,300,000.

      (3) For the Marine Corps, $1,808,231,000.

      (4) For the Air Force, $2,635,555,000.

      (5) For Defense-wide activities, $3,470,118,000.

      (6) For the Naval Reserve, $2,400,000.

SEC. 1410. DEFENSE HEALTH PROGRAM.

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

SEC. 1411. MILITARY PERSONNEL.

    Funds are hereby authorized to be appropriated to the Department of Defense for military personnel accounts for fiscal year 2006 in amounts as follows:

      (1) For military personnel of the Army, $9,517,643,000.

      (2) For military personnel of the Navy, $350,000,000.

      (3) For military personnel of the Marine Corps, $811,771,000.

      (4) For military personnel of the Air Force, $916,559,000.

SEC. 1412. IRAQ FREEDOM FUND.

    (a) IN GENERAL- Funds are hereby authorized to be appropriated for fiscal year 2006 for the Iraq Freedom Fund in the amount of $4,325,670,000.

    (b) LIMITATION ON AVAILABILITY OF CERTAIN AMOUNT- Of the amount authorized to be appropriated by subsection (a), not less than $500,000,000 shall be available only for support of activities of the Joint Improvised Explosive Device Task Force.

    (c) TRANSFER-

      (1) TRANSFER AUTHORIZED- Subject to paragraph (2), amounts authorized to be appropriated by subsection (a) may be transferred from the Iraq Freedom Fund to any accounts as follows:

        (A) Operation and maintenance accounts of the Armed Forces.

        (B) Military personnel accounts.

        (C) Research, development, test, and evaluation accounts of the Department of Defense.

        (D) Procurement accounts of the Department of Defense.

        (E) Accounts providing funding for classified programs.

        (F) The operating expenses account of the Coast Guard.

      (2) NOTICE TO CONGRESS- A transfer may not be made under the authority in paragraph (1) until 5 days after the date on which the Secretary of Defense notifies the congressional defense committees in writing of the transfer.

      (3) TREATMENT OF TRANSFERRED FUNDS- Amounts transferred to an account under the authority in paragraph (1) shall be merged with amounts in such account, and shall be made available for the same purposes, and subject to the same conditions and limitations, as amounts in such account.

      (4) EFFECT ON AUTHORIZATION AMOUNTS- A transfer of an amount to an account under the authority in paragraph (1) shall be deemed to increase the amount authorized for such account by an amount equal to the amount transferred.

SEC. 1413. TRANSFER AUTHORITY.

    (a) AUTHORITY TO TRANSFER AUTHORIZATIONS-

      (1) TRANSFER AUTHORIZED- Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2006 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.

      (2) LIMITATION ON AGGREGATE AMOUNT- The total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $2,500,000,000.

      (3) CONSTRUCTION WITH OTHER TRANSFER AUTHORITY- The transfer authority provided in this section is in addition to any other transfer authority available to the Secretary of Defense.

    (b) OTHER LIMITATIONS- The authority provided by this section to transfer authorizations--

      (1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred;

      (2) may not be used to provide authority for an item that has been denied authorization by Congress; and

      (3) may not be combined with the authority under section 1001.

    (c) NOTICE AND WAIT- A transfer may be made under the authority of this section only after the Secretary--

      (1) consults with the Chairmen and Ranking Members of each of the congressional defense committees with respect to such transfer; and

      (2) on a date after consultation under paragraph (1), but not later than five days before the date of such transfer, submits to the congressional defense committees written notice of such transfer.

    (d) EFFECT ON AUTHORIZATION AMOUNTS- A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.

TITLE XV--RECRUITMENT AND RETENTION

SEC. 1501. SHORT TITLE.

    This title may be cited as the `Military Recruiting Initiatives Act of 2005'.

SEC. 1502. INCREASE IN MAXIMUM ENLISTMENT BONUS.

    (a) ENLISTMENT BONUS FOR SELECTED RESERVE MEMBERS- Section 308c(b) of title 37, United States Code, is amended by striking `$10,000' and inserting `$20,000'.

    (b) ENLISTMENT BONUS FOR ACTIVE MEMBERS- Section 309(a) of title 37, United States Code, is amended by striking `$20,000' and inserting `$40,000'.

SEC. 1503. TEMPORARY AUTHORITY TO PAY BONUS TO ENCOURAGE MEMBERS OF THE ARMY TO REFER OTHER PERSONS FOR ENLISTMENT IN THE ARMY.

    (a) AUTHORITY TO PAY BONUS- The Secretary of the Army may pay a bonus under this section to a member of the Army, whether in the regular component of the Army or in the Army National Guard or Army Reserve, who refers to an Army recruiter a person who has not previously served in an Armed Force and who, after such referral, enlists in the regular component of the Army or in the Army National Guard or Army Reserve.

    (b) REFERRAL- For purposes of this section, a referral for which a bonus may be paid under subsection (a) occurs--

      (1) when a member of the Army contacts an Army recruiter on behalf of a person interested in enlisting in the Army; or

      (2) when a person interested in enlisting in the Army contacts the Army recruiter and informs the recruiter of the role of the member in initially recruiting the person.

    (c) CERTAIN REFERRALS INELIGIBLE-

      (1) REFERRAL OF IMMEDIATE FAMILY- A member of the Army may not be paid a bonus under subsection (a) for the referral of an immediate family member.

      (2) MEMBERS IN RECRUITING ROLES- A member of the Army serving in a recruiting or retention assignment, or assigned to other duties regarding which eligibility for a bonus under subsection (a) could (as determined by the Secretary) be perceived as creating a conflict of interest, may not be paid a bonus under subsection (a).

    (d) AMOUNT OF BONUS- The amount of the bonus paid for a referral under subsection (a) may not exceed $1,000. The bonus shall be paid in a lump sum.

    (e) TIME OF PAYMENT- A bonus may not be paid under subsection (a) with respect to a person who enlists in the Army until the person completes basic training and individual advanced training.

    (f) RELATION TO PROHIBITION ON BOUNTIES- The referral bonus authorized by this section is not a bounty for purposes of section 514(a) of title 10, United States Code.

    (g) LIMITATION ON INITIAL USE OF AUTHORITY- During the first year in which bonuses are offered under this section, the Secretary of the Army may not pay more than 1,000 referral bonuses per component of the Army.

    (h) DURATION OF AUTHORITY- A bonus may not be paid under subsection (a) with respect to any referral that occurs after December 31, 2007.

SEC. 1504. 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. 1505. REPEAL OF PROHIBITION ON PRIOR SERVICE ENLISTMENT BONUS FOR RECEIPT OF OTHER ENLISTMENT OR REENLISTMENT BONUS FOR SERVICE IN THE SELECTED RESERVE.

    Section 308i(a)(2) of title 37, United States Code, is amended by striking subparagraph (D).

SEC. 1506. 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'.

SEC. 1507. 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'.

SEC. 1508. 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.

TITLE XVI--TRANSITION SERVICES

SEC. 1601. SHORT TITLE.

    This title may be cited as the `Veterans' Enhanced Transition Services Act of 2005'.

SEC. 1602. IMPROVED ADMINISTRATION OF TRANSITIONAL ASSISTANCE PROGRAMS.

    (a) Preseparation Counseling- Section 1142 of title 10, United States Code, is amended--

      (1) in subsection (a)--

        (A) by redesignating paragraph (4) as paragraph (5); and

        (B) by inserting after paragraph (3) the following new paragraph (4):

    `(4) For members of the reserve components of the armed forces (including members of the National Guard on active duty under title 32) who have been serving on active duty continuously for at least 180 days, the Secretary concerned shall provide preseparation counseling under this section on an individual basis to all such members before such members are separated.'; and

      (2) in subsection (b)--

        (A) 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

        (B) by adding at the end the following:

      `(11) 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.

      `(12) Information concerning veterans small business ownership and entrepreneurship programs of the Small Business Administration and the National Veterans Business Development Corporation.

      `(13) Information concerning employment and reemployment rights and obligations under chapter 43 of title 38.

      `(14) Information concerning veterans preference in federal employment and federal procurement opportunities.

      `(15) Contact information for housing counseling assistance.

      `(16) 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.'.

    (b) Conforming and Clerical Amendments-

      (1) CONFORMING AMENDMENT- The heading of such section is amended to read as follows:

`Sec. 1142. Members separating from active duty: preseparation counseling'.

      (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 58 of title 10, United States Code, is amended by striking the item relating to section 1142 and inserting the following:

      `1142. Members separating from active duty: preseparation counseling.'.

    (c) Department of Labor Transitional Services Program- Section 1144 of title 10, United States Code, is amended--

      (1) in subsection (a)(1), by striking `paragraph (4)(A)' in the second sentence and inserting `paragraph (5)(A)'; and

      (2) by adding at the end the following new subsection:

    `(e) Training Support Materials- The Secretary concerned shall, on a continuing basis and in cooperation with the Secretary of Labor, update the content of all materials used by the Department of Labor that provide direct training support to personnel who provide transitional services counseling under this section.'.

SEC. 1603. 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 Defense or 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. 1604. REPORT ON TRANSITION ASSISTANCE PROGRAMS.

    (a) Report Required- Not later than May 1, 2006, the Secretary of Defense shall, in consultation with the Secretary of Labor and the Secretary of Veterans Affairs, submit to Congress a report on the actions taken 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.

    (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.

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

SEC. 2001. SHORT TITLE.

    This division may be cited as the `Military Construction Authorization Act for Fiscal Year 2006'.

TITLE XXI--ARMY

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(1), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Army: Inside the United States
----------------------------------------------------------------------------------
                  State Installation or location                   Amount         
----------------------------------------------------------------------------------
       Alabama Redstone Arsenal                           $20,000,000    
        Alaska Fort Richardson                            $4,700,000     
               Fort Wainwright                            $44,660,000    
       Arizona Yuma Proving Ground                        $8,100,000     
    California Fort Irwin                                 $17,000,000    
               Concord                                    $11,850,000    
      Colorado Fort Carson                                $70,622,000    
       Georgia Fort Benning                               $28,211,000    
               Fort Gillem                                $3,900,000     
               Fort Gordon                                $4,550,000     
               Fort Stewart/Hunter Army Air Field         $57,980,000    
        Hawaii Pohakuloa Training Area                    $60,300,000    
               Schofield Barracks                         $53,900,000    
        Kansas Fort Riley                                 $33,900,000    
      Kentucky Fort Campbell                              $112,875,000   
               Fort Knox                                  $4,600,000     
     Louisiana Fort Polk                                  $28,887,000    
      Missouri Fort Leonard Wood                          $17,000,000    
    New Jersey Picatinny Arsenal                          $4,450,000     
      New York Fort Drum                                  $73,350,000    
               United States Military Academy, West Point $4,000,000     
North Carolina Fort Bragg                                 $289,850,000   
      Oklahoma Fort Sill                                  $5,850,000     
               McAlester Army Ammunition Plant            $5,400,000     
  Pennsylvania Letterkenny Depot                          $6,300,000     
         Texas Fort Hood                                  $46,438,000    
               Fort Sam Houston                           $7,000,000     
          Utah Dugway Proving Ground                      $25,000,000    
      Virginia Fort A.P. Hill                             $2,700,000     
               Fort Belvoir                               $18,000,000    
               Fort Eustis                                $3,100,000     
               Fort Myer                                  $15,200,000    
    Washington Fort Lewis                                 $99,949,000    
                 Total                                    $1,189,622,000 
----------------------------------------------------------------------------------

    (b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(2), the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:

Army: Outside the United States
-------------------------------------------------------
         Country Installation or location Amount       
-------------------------------------------------------
Germany Grafenwoehr              $84,081,000  
  Italy Pisa                     $5,254,000   
  Korea Camp Humphreys           $99,162,000  
        Yongpyong                $1,450,000   
        Total                    $189,947,000 
-------------------------------------------------------

SEC. 2102. FAMILY HOUSING.

    (a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, for the purposes, and in the amounts set forth in the following table:

Army: Family Housing
------------------------------------------------------------------
State             Installation or location Purpose         Amount 
------------------------------------------------------------------
Alaska   Fort Richardson          117 Units  $49,000,000 
         Fort Wainwright          180 Units  $91,000,000 
Arizona  Fort Huachuca            131 Units  $31,000,000 
         Yuma Proving Grounds     35 Units   $11,200,000 
Oklahoma Fort Sill                129 Units  $24,000,000 
Virginia Fort Lee                 96 Units   $19,500,000 
         Fort Monroe              21 Units    $6,000,000 
           Total                            $231,700,000 
------------------------------------------------------------------

    (b) PLANNING AND DESIGN- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $17,536,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(5)(A), the Secretary of the Army may improve existing military family housing units in an amount not to exceed $300,400,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

    (a) AUTHORIZATION OF APPROPRIATIONS- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, for military construction, land acquisition, and military family housing functions of the Department of the Army in the total amount of $2,972,142,000 as follows:

      (1) For military construction projects inside the United States authorized by section 2101(a), $1,012,722,000.

      (2) For military construction projects outside the United States authorized by section 2101(b), $189,947,000.

      (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $20,000,000.

      (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $163,215,000.

      (5) For military family housing functions:

        (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $549,636,000.

        (B) For support of military family housing (including the functions described in section 2833 of title 10, United States Code), $812,993,000.

      (6) For the construction of phase 2 of a barracks complex at Fort Campbell, Kentucky, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2101), $24,650,000.

      (7) For the construction of phase 3 of the Lewis & Clark instructional facility at Fort Leavenworth, Kansas, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1697), $42,642,000.

      (8) For the construction of phase 2 of trainee barracks basic training complex 1 at Fort Knox, Kentucky, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2101), $21,000,000.

      (9) For the construction of phase 2 of a barracks complex renewal at Fort Bragg, North Carolina, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2101), $30,611,000.

      (10) For the construction of phase 2 of a library and learning center at the United States Military Academy, West Point, New York, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2101), $25,470,000.

      (11) For the construction of phase 2 of a barracks complex at Vilseck, Germany, authorized by section 2101(b) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1698), $13,600,000.

      (12) For the construction of phase 2 of a vehicle maintenance facility at Schofield Barracks, Hawaii, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2101), $24,656,000.

      (13) For the construction of phase 2 of the Drum Road upgrade at Helemano Military Reservation, Hawaii, authorized by section 2101(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2101), $41,000,000.

    (b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the sum of the following:

      (1) The total amount authorized to be appropriated under paragraphs (1), (2), and (3) of subsection (a).

      (2) $16,500,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks complex, 10300 block, Fort Drum, New York).

      (3) $31,000,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks complex for the 2nd Brigade, Fort Bragg, North Carolina).

      (4) $77,400,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks complex for DIVARTY, Fort Bragg, North Carolina).

      (5) $50,000,000 (the balance of the amount authorized under section 2101(a) for construction of a barracks complex for the 3rd Brigade, Fort Bragg, North Carolina).

      (6) $13,000,000 (the balance of the amount authorized under section 2101(a) for construction of a defense access road, Fort Belvoir, Virginia).

SEC. 2105. CONSTRUCTION OF BATTALION DINING FACILITIES, FORT KNOX, KENTUCKY.

    (a) AUTHORIZATION OF APPROPRIATIONS- The amount authorized to be appropriated by section 2104(a) for military construction, land acquisition, and military family housing functions of the Department of the Army and the amount of such funds authorized by paragraph (1) of such subsection for military construction projects inside the United States are each hereby decreased by $3,600,000.

    (b) USE OF FUNDS- Of the amount authorized to be appropriated by section 2104(a)(1) for the Department of the Army and available for military construction at Fort Knox, Kentucky, $4,600,000 is available for the construction of battalion dining facilities at Fort Knox.

TITLE XXII--NAVY

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(1), the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Navy: Inside the United States
------------------------------------------------------------------------------------------
                  State Installation or location                             Amount       
------------------------------------------------------------------------------------------
       Arizona Marine Corps Air Station, Yuma                       $3,637,000   
    California Marine Corps Air Station, Camp Pendleton             $1,400,000   
               Marine Corps Base, Camp Pendleton                    $90,437,000  
               Naval Air Station, Lemoore                           $8,480,000   
               Naval Air Warfare Center, China Lake                 $19,158,000  
   Connecticut Naval Submarine Base, New London                     $4,610,000   
       Florida Naval Air Station, Jacksonville                      $88,603,000  
               Naval Air Station, Pensacola                         $8,710,000   
               Naval Station, Mayport                               $10,750,000  
               Navy Diving and Salvage Training Center, Panama City $9,678,000   
               Whiting Field                                        $4,670,000   
       Georgia Albany Depot                                         $4,000,000   
               Navy Submarine Base, Kings Bay                       $3,000,000   
        Hawaii Marine Corps Air Station, Kaneohe Bay                $5,700,000   
               Naval Base, Pearl Harbor                             $29,700,000  
      Illinois Recruit Training Command, Great Lakes                $167,750,000 
       Indiana Naval Warfare Center, Crane                          $8,220,000   
         Maine Naval Shipyard, Portsmouth                           $8,100,000   
      Maryland Naval Air Warfare Center, Patuxent River             $5,800,000   
               United States Naval Academy, Annapolis               $51,720,000  
   Mississippi Naval Air Station, Meridian                          $10,450,000  
North Carolina Marine Corps Air Station, Cherry Point               $27,147,000  
               Marine Corps Base, Camp Lejeune                      $44,590,000  
               Marine Corps Air Station, New River                  $6,840,000   
  Rhode Island Naval Station, Newport                               $10,620,000  
         Texas Naval Air Station, Kingsville                        $6,010,000   
      Virginia Marine Corps Air Field, Quantico                     $19,698,000  
               Marine Corps Base, Quantico                          $4,000,000   
               Naval Air Station, Oceana                            $11,680,000  
               Naval Amphibious Base, Little Creek                  $36,034,000  
               Naval Station, Norfolk                               $111,033,000 
               Naval Surface Warfare Center, Dahlgren               $9,960,000   
    Washington Naval Station, Everett                               $70,950,000  
               Naval Submarine Base, Bangor                         $60,160,000  
                 Total                                              $963,295,000 
------------------------------------------------------------------------------------------

    (b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(2), the Secretary of the Navy may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amount, set forth in the following table:

Navy: Outside the United States
---------------------------------------------------
      Country Installation or location Amount      
---------------------------------------------------
Guam Naval Station, Guam      $55,473,000 
       Total                  $55,473,000 
---------------------------------------------------

SEC. 2202. FAMILY HOUSING.

    Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installation or location, for the purpose, and in the amount set forth in the following table:

Navy: Family Housing
-------------------------------------------------------------
State         Installation or Location Purpose        Amount 
-------------------------------------------------------------
Guam Naval Station, Guam      126 Units $43,495,000 
       Total                            $43,495,000 
-------------------------------------------------------------

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $178,644,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

    (a) AUTHORIZATION OF APPROPRIATIONS- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, for military construction, land acquisition, and military family housing functions of the Department of the Navy in the total amount of $1,918,465,000, as follows:

      (1) For military construction projects inside the United States authorized by section 2201(a), $761,751,000.

      (2) For military construction projects outside the United States authorized by section 2201(b), $25,584,000.

      (3) For unspecified minor construction projects authorized by section 2805 of title 10, United States Code, $1.

      (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $54,507,000.

      (5) For military family housing functions:

        (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $222,139,000.

        (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $593,660,000.

      (6) For the construction of increment 2 of the Presidential Helicopter program support facility at Naval Air Warfare Station, Patuxent River, Maryland, authorized by section 2201(c) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2106), $55,700,000.

      (7) For the construction of increment 2 of the apron and hangar recapitalization at Naval Air Field, El Centro, California, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2105), $18,666,000.

      (8) For the construction of increment 3 of pier 11 replacement at Naval Station, Norfolk, Virginia, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1704), $40,200,000.

      (9) For the construction of increment 2 of the limited area production and storage complex at Strategic Weapons Facility Pacific, Bangor, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2106), $47,095,000.

      (10) For the construction of increment 2 of a White Side complex at Marine Corps Air Facility, Quantico, Virginia, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2106), $34,730,000.

      (11) For the construction of increment 3 of the general purpose berthing pier at Naval Weapons Station, Earle, New Jersey, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1704), $64,432,000.

    (b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the sum of the following:

      (1) The total amount authorized to be appropriated under paragraphs (1), (2), and (3) of subsection (a).

      (2) $43,424,000 (the balance of the amount authorized under section 2201(a) to replace a helicopter hangar, Naval Air Station, Jacksonville, Florida).

      (3) $45,850,000 (the balance of the amount authorized under section 2201(a) to upgrade infrastructure, Recruit Training Command, Great Lakes, Illinois).

      (4) $26,790,000 (the balance of the amount authorized under section 2201(a) for construction of the Wesley Brown Field House, United States Naval Academy, Annapolis, Maryland).

      (5) $31,059,000 (the balance of the amount authorized under section 2201(a) to replace ship repair pier 3, Naval Station, Norfolk, Virginia).

      (6) $21,000,000 (the balance of the amount authorized under section 2201(a) for construction of a bachelor enlisted quarters for the homeport ashore program, Naval Station, Everett, Washington).

      (7) $33,421,000 (the balance of the amount authorized under section 2201(a) to perform reclamation and conveyance activities, Marine Corps Base, Camp Pendleton, California).

      (8) $29,889,000 (the balance of the amount authorized under section 2201(b) to improve Alpha/Bravo wharves, Naval Station, Guam).

    (c) ADJUSTMENT- The total amount authorized to be appropriated pursuant to paragraphs (1) through (11) of subsection (a) is the sum of the amounts authorized to be appropriated in such paragraphs, reduced by $92,354,000, which represents prior year savings.

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2005 PROJECTS.

    (a) MODIFICATION OF INSIDE THE UNITED STATES PROJECTS- The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2106) is amended--

      (1) in the item relating to Marine Corps Air Facility, Quantico, Virginia, by striking `$73,838,000' in the amount column and inserting `$74,470,000'; and

      (2) by striking the amount identified as the total in the amount column and inserting `$952,687,000'.

    (b) MODIFICATION OF UNSPECIFIED WORLDWIDE PROJECT- The table in section 2201(c) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2106) is amended--

      (1) in the item relating to Unspecified Worldwide, by striking `$105,982,000' in the amount column and inserting `$95,200,000'; and

      (2) by striking the amount identified as the total in the amount column and inserting `$95,200,000'.

    (c) CONFORMING AMENDMENTS- Section 2204(b) of that Act (118 Stat. 2108) is amended--

      (1) in paragraph (4), by striking `$34,098,000' and inserting `$34,730,000'; and

      (2) in paragraph (7), by striking `$65,982,000' and inserting `$55,200,000'.

SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL YEAR 2004 PROJECT.

    (a) MODIFICATION OF INSIDE THE UNITED STATES PROJECT- The table in section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2004 (division B of Public Law 108-136; 117 Stat. 1704) is amended--

      (1) in the item relating to Naval Weapons Station, Earle, New Jersey, by striking `$123,720,000' in the amount column and inserting `$140,372,000'; and

      (2) by striking the amount identified as the total in the amount column and inserting `$1,352,524,000'.

    (b) CONFORMING AMENDMENT- Section 2204(b)(4) of that Act is amended by striking `$96,980,000' and inserting `$113,652,000'.

TITLE XXIII--AIR FORCE

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(1), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Air Force: Inside the United States
--------------------------------------------------------------------------------------
                        State Installation or location                 Amount         
--------------------------------------------------------------------------------------
             Alabama Maxwell Air Force Base                   $14,900,000    
              Alaska Clear Air Station                        $20,000,000    
                     Elmendorf Air Force Base                 $84,820,000    
             Arizona Davis-Monthan Air Force Base             $8,600,000     
                     Luke Air Force Base                      $13,000,000    
            Arkansas Little Rock Air Force Base               $2,500,000     
          California Beale Air Force Base                     $14,200,000    
                     Edwards Air Force Base                   $103,000,000   
                     Travis Air Force Base                    $42,500,000    
                     Vandenberg Air Force Base                $16,845,000    
            Colorado Buckley Air Force Base                   $20,100,000    
                     Peterson Air Force Base                  $12,800,000    
                     United States Air Force Academy          $13,000,000    
            Delaware Dover Air Force Base                     $19,000,000    
District of Columbia Bolling Air Force Base                   $14,900,000    
             Florida Cape Canaveral                           $6,200,000     
                     Hurlburt Field                           $2,540,000     
                     MacDill Air Force Base                   $107,200,000   
                     Tyndall Air Force Base                   $11,500,000    
             Georgia Robins Air Force Base                    $2,000,000     
              Hawaii Hickam Air Force Base                    $13,378,000    
               Idaho Mountain Home Air Force Base             $9,835,000     
           Louisiana Barksdale Air Force Base                 $10,800,000    
       Massachusetts Hanscom Air Force Base                   $3,900,000     
         Mississippi Columbus Air Force Base                  $10,000,000    
                     Keesler Air Force Base                   $47,500,000    
            Missouri Whiteman Air Force Base                  $5,721,000     
             Montana Malmstrom Air Force Base                 $13,500,000    
            Nebraska Offutt Air Force Base                    $63,080,000    
              Nevada Indian Springs Air Force Auxiliary Field $60,724,000    
                     Nellis Air Force Base                    $24,370,000    
          New Jersey McGuire Air Force Base                   $13,185,000    
          New Mexico Holloman Air Force Base                  $15,000,000    
                     Kirtland Air Force Base                  $6,600,000     
        North Dakota Minot Air Force Base                     $8,700,000     
                Ohio Wright-Patterson Air Force Base          $19,670,000    
            Oklahoma Tinker Air Force Base                    $31,960,000    
                     Vance Air Force Base                     $14,000,000    
      South Carolina Charleston Air Force Base                $2,583,000     
                     Shaw Air Force Base                      $9,730,000     
        South Dakota Ellsworth Air Force Base                 $8,400,000     
               Texas Sheppard Air Force Base                  $36,000,000    
                Utah Hill Air Force Base                      $33,900,000    
            Virginia Langley Air Force Base                   $38,665,000    
          Washington Fairchild Air Force Base                 $8,200,000     
                       Total                                  $1,039,006,000 
--------------------------------------------------------------------------------------

    (b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(2), the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts set forth in the following table:

Air Force: Outside the United States
-----------------------------------------------------------------
                Country Installation or location    Amount       
-----------------------------------------------------------------
       Germany Ramstein Air Base           $11,650,000  
               Spangdahlem Air Base        $12,474,000  
          Guam Andersen Air Base           $18,500,000  
         Italy Aviano Air Base             $22,660,000  
         Korea Kunsan Air Base             $44,188,000  
               Osan Air Base               $39,719,000  
      Portugal Lajes Field, Azores         $12,000,000  
        Turkey Incirlik Air Base           $5,780,000   
United Kingdom Royal Air Force, Lakenheath $5,125,000   
               Royal Air Force, Mildenhall $13,500,000  
                 Total                     $185,596,000 
-----------------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

    (a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(A), the Secretary of the Air Force may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, for the purposes, and in the amounts set forth in the following table:

Air Force: Family Housing
------------------------------------------------------------------------------
State                   Installation or location       Purpose         Amount 
------------------------------------------------------------------------------
Alaska         Eielson Air Force Base         392 Units  $55,794,000 
California     Edwards Air Force Base         226 Units  $59,699,000 
Florida        MacDill Air Force Base         109 Units  $40,982,000 
Idaho          Mountain Home Air Force Base   194 Units  $56,467,000 
Missouri       Whiteman Air Force Base        111 Units  $26,917,000 
Montana        Malmstrom Air Force Base       296 Units  $68,971,000 
North Carolina Seymour Johnson Air Force Base 255 Units  $48,868,000 
North Dakota   Grand Forks Air Force Base     300 Units  $86,706,000 
               Minot Air Force Base           223 Units  $44,548,000 
South Carolina Charleston Air Force Base      10 Units   $15,935,000 
South Dakota   Ellsworth Air Force Base       60 Units   $14,383,000 
Texas          Dyess Air Force Base           190 Units  $43,016,000 
Germany        Ramstein Air Base              101 Units  $62,952,000 
Turkey         Incirlik Air Base              100 Units  $22,730,000 
United Kingdom Royal Air Force, Lakenheath    107 Units  $48,437,000 
                 Total                                  $696,405,000 
------------------------------------------------------------------------------

    (b) PLANNING AND DESIGN- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of military family housing units in an amount not to exceed $37,104,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

    Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(5)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $409,113,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

    (a) AUTHORIZATION OF APPROPRIATIONS- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, for military construction, land acquisition, and military family housing functions of the Department of the Air Force in the total amount of $3,108,982,000, as follows:

      (1) For military construction projects inside the United States authorized by section 2301(a), $914,006,000.

      (2) For military construction projects outside the United States authorized by section 2301(b), $185,596,000.

      (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $15,000,000.

      (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $83,719,000.

      (5) For military family housing functions:

        (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $1,142,622,000.

        (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $766,939,000.

    (b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS- Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the sum of the following:

      (1) The total amount authorized to be appropriated under paragraphs (1), (2), and (3) of subsection (a).

      (2) $30,000,000 (the balance of the amount authorized under section 2301(a) for a C-17 maintenance complex, Elmendorf Air Force Base, Alaska).

      (3) $66,000,000 (the balance of the amount authorized under section 2301(a) to replace the main runway, Edwards Air Force Base, California).

      (4) $29,000,000 (the balance of the amount authorized under section 2301(a) for construction of a joint intelligence center for Headquarters, Central Command, MacDill Air Force Base, Florida).

TITLE XXIV--DEFENSE AGENCIES

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    (a) INSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(1), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States
---------------------------------------------------------------------------------------------------------------------------
                              Agency Installation or location                                                 Amount       
---------------------------------------------------------------------------------------------------------------------------
Defense Intelligence Agency Bolling Air Force Base, District of Columbia                             $7,900,000   
   Defense Logistics Agency Cannon Air Force Base, New Mexico                                        $13,200,000  
                            Defense Distribution Depot, New Cumberland, Pennsylvania                 $6,500,000   
                            Defense Distribution Depot, Tracy, California                            $33,635,000  
                            Fort Belvoir, Virginia                                                   $4,500,000   
                            Marine Corps Air Station Yuma, Arizona                                   $7,300,000   
                            McConnell Air Force Base, Kansas                                         $15,800,000  
                            Miramar, California                                                      $23,000,000  
                            Naval Station, Norfolk, Virginia                                         $6,700,000   
                            Seymour Johnson Air Force Base, North Carolina                           $18,500,000  
   Defense Education Agency Fort Bragg, North Carolina                                               $18,075,000  
                            Fort Stewart/Hunter Army Air Field, Georgia                              $16,629,000  
   National Security Agency Augusta, Georgia                                                         $61,466,000  
                            Fort Meade, Maryland                                                     $28,049,000  
                            Kunia, Hawaii                                                            $61,466,000  
 Special Operations Command Eglin Air Force Base, Florida                                            $12,800,000  
                            Fort Bragg, North Carolina                                               $14,769,000  
                            Fort Campbell, Kentucky                                                  $37,800,000  
                            Fort Lewis, Washington                                                   $53,300,000  
                            Fort Stewart/Hunter Army Air Field, Georgia                              $10,000,000  
                            Naval Surface Warfare Center, Corona, California                         $28,350,000  
TRICARE Management Activity Beale Air Force Base, California                                         $18,000,000  
                            Charleston, South Carolina                                               $35,000,000  
                            Fort Detrick, Maryland                                                   $55,200,000  
                            Keesler Air Force Base, Mississippi                                      $14,000,000  
                            Lackland Air Force Base, Texas                                           $11,000,000  
                            Naval Hospital, San Diego, California                                    $15,000,000  
                            Nellis Air Force Base, Nevada                                            $1,700,000   
                            Uniformed Services University of the Health Sciences, Bethesda, Maryland $10,350,000  
                            Peterson Air Force Base, Colorado                                        $1,820,000   
                              Total                                                                  $641,809,000 
---------------------------------------------------------------------------------------------------------------------------

    (b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(2), the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:

Defense Agencies: Outside the United States
-------------------------------------------------------------------------------
                              Agency Installation or location     Amount       
-------------------------------------------------------------------------------
   Defense Education Agency Landstuhl, Germany           $6,543,000   
                            Vilseck, Germany             $2,323,000   
                            Agana, Guam                  $40,578,000  
                            Taegu, Korea                 $8,231,000   
                            Naval Station, Rota, Spain   $7,963,000   
   Defense Logistics Agency Souda Bay, Greece            $7,089,000   
     Missile Defense Agency Kwajalien Atoll, Kwajalien   $4,901,000   
   National Security Agency Menwith Hall, United Kingdom $41,697,000  
TRICARE Management Activity Bahrain, SWA                 $4,750,000   
                              Total                      $124,075,000 
-------------------------------------------------------------------------------

SEC. 2402. ENERGY CONSERVATION PROJECTS.

    Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a)(6), the Secretary of Defense may carry out energy conservation projects under section 2865 of title 10, United States Code, in the amount of $60,000,000.

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

    (a) IN GENERAL- Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments) in the total amount of $2,973,914,000, as follows:

      (1) For military construction projects inside the United States authorized by section 2401(a), $641,809,000.

      (2) For military construction projects outside the United States authorized by section 2401(b), $123,104,000.

      (3) For unspecified minor military construction projects under section 2805 of title 10, United States Code, $15,736,000.

      (4) For contingency construction projects of the Secretary of Defense under section 2804 of title 10, United States Code, $10,000,000.

      (5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $135,081,000.

      (6) For energy conservation projects authorized by section 2403 of this Act, $60,000,000.

      (7) For base closure and realignment activities funded through the account created pursuant to section 2906 of, and authorized by, the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), $377,827,000.

      (8) For base closure and realignment activities funded through the account created pursuant to section 2906A of, and authorized by, the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), $1,504,466,000.

      (9) For military family housing functions:

        (A) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $46,391,000.

        (B) For credit to the Department of Defense Family Housing Improvement Fund established by section 2883(a)(1) of title 10, United States Code, $2,500,000.

      (10) For the construction of increment 2 of the hospital replacement at Fort Belvoir, Virginia, authorized by section 2401(a) of the Military Construction Authorization Act of Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2100), $57,000,000.

    (b) NOTICE AND WAIT REQUIREMENT APPLICABLE TO OBLIGATION OF FUNDS FOR BASE CLOSURE AND REALIGNMENT ACTIVITIES- None of the funds authorized to be appropriated by subsection (a)(8) may be obligated until 21 days after the date on which the Secretary of Defense submits to the congressional defense committees a report describing the specific programs, projects, and activities for which such funds are to be obligated.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

    Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment program authorized by section 2501, in the amount of $206,858,000.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND LAND ACQUISITION PROJECTS.

    Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2005, for the costs of acquisition, architectural and engineering services, and construction of facilities for the reserve components, and for contributions therefore, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), in the following amounts:

      (1) For the Department of the Army--

        (A) for the Army National Guard of the United States, $445,100,000; and

        (B) for the Army Reserve, $121,077,000.

      (2) For the Department of the Navy, for the Naval and Marine Corps Reserve, $50,226,000.

      (3) For the Department of the Air Force--

        (A) for the Air National Guard of the United States, $264,061,000; and

        (B) for the Air Force Reserve, $79,260,000.

SEC. 2602. SPECIFIC AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION PROJECTS.

    (a) CAMP ROBERTS, CALIFORNIA- Of the amount authorized to be appropriated for the Department of the Army for the Army National Guard of the United States under section 2601(1)(A)--

      (1) $1,500,000 is available for the construction of an urban combat course at Camp Roberts, California; and

      (2) $1,500,000 is available for the addition or alteration of a field maintenance shop at Fort Dodge, Iowa.

SEC. 2603. CONSTRUCTION OF FACILITIES, NEW CASTLE COUNTY AIRPORT AIR GUARD BASE, DELAWARE.

    Of the amount authorized to be appropriated for the Department of the Air Force for the Air National Guard of the United States under section 2601(3)(A)--

      (1) $1,400,000 is available for the construction of a security forces facility at New Castle County Airport Air Guard Base, Delaware; and

      (2) $1,500,000 is available for the construction of a medical training facility at New Castle County Airport Air Guard Base, Delaware.

SEC. 2604. CONSTRUCTION OF MAINTENANCE HANGAR, NEW CASTLE COUNTY AIRPORT AIR GUARD BASE, DELAWARE.

    (a) AUTHORIZATION OF APPROPRIATIONS- The amount authorized to be appropriated by section 2601(3)(A) for the Department of the Air Force for the Air National Guard of the United States is hereby increased by $1,440,000.

    (b) USE OF FUNDS- Of the amount authorized to be appropriated by section 2601(3)(A) for the Department of the Air Force for the Air National Guard of the United States, as increased by subsection (a), $1,440,000 is available for planning and design for a replacement C-130 aircraft maintenance hangar at Air National Guard New Castle County Airport, Delaware.

    (c) OFFSET- The amount authorized to be appropriated by section 2204(a) for military construction, land acquisition, and military family housing functions of the Department of the Navy and the amount of such funds authorized by paragraph (11) of such subsection for the construction of increment 3 of the general purpose berthing pier at Naval Weapons Station, Earle, New Jersey, are each hereby decreased by $1,440,000.

SEC. 2605. NATIONAL GUARD CONSTRUCTION PROJECTS.

    (a) ARMY NATIONAL GUARD AT CAMP DAWSON, WEST VIRGINIA-

      (1) AUTHORIZATION OF APPROPRIATIONS- The amount authorized to be appropriated by section 2601(1)(A) for the Department of the Army for the Army National Guard of the United States is hereby increased by $4,500,000.

      (2) USE OF FUNDS- Of the amount authorized to be appropriated by section 2601(1)(A) for the Department of the Army for the Army National Guard of the United States, as increased by paragraph (1), $4,500,000 is available for the construction of a readiness center at Camp Dawson, West Virginia.

      (3) OFFSET- The amount authorized to be appropriated by section 2601(3)(A) for the Department of the Air Force for the Air National Guard of the United States, and available for the construction of a bridge/gate house/force protection entry project at Camp Yeager, West Virginia, is hereby decreased by $4,500,000.

    (b) AIR NATIONAL GUARD AT EASTERN WEST VIRGINIA REGIONAL AIRPORT- Of the amount authorized to be appropriated by section 2603(3)(A) for the Department of the Air Force for the Air National Guard of the United States, and otherwise available for the construction of a bridge/gate house/force protection entry project at Air National Guard Base, West Virginia, $2,000,000 shall be available instead for C-5 aircraft shop upgrades at Eastern West Virginia Regional Airport, Shepherd Field, Martinsburg, West Virginia.

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED TO BE SPECIFIED BY LAW.

    (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS- Except as provided in subsection (b), all authorizations contained in titles XXI through XXVI for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program (and authorizations of appropriations therefor) shall expire on the later of--

      (1) October 1, 2008; or

      (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2009.

    (b) EXCEPTION- Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of--

      (1) October 1, 2008; or

      (2) the date of the enactment of an Act authorizing funds for fiscal year 2009 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment program.

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2003 PROJECTS.

    (a) EXTENSION- Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2003 (division B of Public Law 107-314; 116 Stat. 2681), authorizations set forth in the tables in subsection (b), as provided in sections 2301, 2302, and 2401 of that Act, shall remain in effect until October 1, 2006, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2007, whichever is later.

    (b) TABLES- The tables referred to in subsection (a) are as follows:

Air Force: Extension of 2003 Project Authorizations
-----------------------------------------------------------------------------------------------
State                Installation or location Project                                   Amount 
-----------------------------------------------------------------------------------------------
Florida     Eglin Air Force Base     Replace family housing (134 Units)   $15,906,000 
Florida     Eglin Air Force Base     Replace Family Housing Office           $597,000 
Mississippi Keesler Air Force Base   Replace family housing (117 Units)   $16,505,000 
Texas       Randolph Air Force Base  Replace family housing (112 Units)   $14,311,000 
Texas       Randolph Air Force Base  Replace Housing Maintenance Facility    $447,000 
Italy       Aviano Air Base          Consolidate Area A-1 and A-2          $5,000,000 
-----------------------------------------------------------------------------------------------
Defense Wide: Extension of 2003 Project Authorization
----------------------------------------------------------------------------------------------------
Agency                              Installation or location          Project                Amount 
----------------------------------------------------------------------------------------------------
Special Operations Command Stennis Space Center, Mississippi SOF Training Range $5,000,000 
----------------------------------------------------------------------------------------------------

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL YEAR 2002 PROJECTS.

    (a) EXTENSION- Notwithstanding section 2701 of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107-107; 115 Stat. 1301), authorizations set forth in the tables in subsection (b), as provided in sections 2101 and 2302 of that Act, shall remain in effect until October 1, 2006, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2007, whichever is later.

    (b) TABLES- The tables referred to in subsection (a) are as follows:

Army: Extension of 2002 Project Authorization
---------------------------------------------------------------------
State           Installation or location    Project           Amount 
---------------------------------------------------------------------
Hawaii Pohakuloa Training Facility Land purchase $1,500,000 
---------------------------------------------------------------------
Air Force: Extension of 2002 Project Authorization
-----------------------------------------------------------------------------------------
State              Installation or location Project                               Amount 
-----------------------------------------------------------------------------------------
Louisiana Barksdale Air Force Base Replace family housing (56 Units) $7,300,000 
-----------------------------------------------------------------------------------------

SEC. 2704. EFFECTIVE DATE.

    Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take effect on the later of--

      (1) October 1, 2005; or

      (2) the date of the enactment of this Act.

TITLE XXVIII--GENERAL PROVISIONS

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

SEC. 2801. INCREASE IN THRESHOLDS FOR UNSPECIFIED MINOR MILITARY CONSTRUCTION PROJECTS.

    (a) INCREASE- Section 2805(a)(1) of title 10, United States Code, is amended--

      (1) by striking `$1,500,000' and inserting `$2,500,000'; and

      (2) by striking `$3,000,000' and inserting `$4,000,000'.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect on October 1, 2005.

SEC. 2802. MODIFICATION OF COST VARIATION AUTHORITY.

    (a) LIMITATION ON COST DECREASES RELATED TO MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING PROJECTS- Section 2853 of title 10, United States Code, is amended--

      (1) in subsection (a)--

        (A) by striking `may be increased by not more than 25 percent' and inserting `may be increased or decreased by not more than 25 percent'; and

        (B) by striking `if the Secretary concerned determines that such an increase in cost is required' and inserting `if the Secretary concerned determines that such revised cost is required';

      (2) in subsection (c)--

        (A) by striking `limitation on cost increase' and inserting `limitation on cost variations'; and

        (B) by striking `the increase' both place it appears and inserting `the variation'; and

      (3) in subsection (d), by striking `limitation on cost increases' and inserting `limitation on cost variations'.

    (b) ADDITIONAL INFORMATION REQUIRED FOR NOTIFICATION IN CONNECTION WITH WAIVER OF LIMITATIONS ON COST INCREASES- Subsection (c)(2) of such section is further amended by inserting after `the reasons therefor' the following: `, including a description of the funds proposed to be used to finance any increased costs'.

    (c) TECHNICAL AMENDMENTS-

      (1) SECTION HEADING- The heading of such section is amended to read as follows:

`Sec. 2853. Authorized cost and scope of work variations'.

      (2) TABLE OF SECTIONS- The item relating to such section in the table of sections at the beginning of chapter 169 of such title is amended to read as follows:

      `2853. Authorized cost and scope of work variations.'.

SEC. 2803. DEPARTMENT OF DEFENSE HOUSING FUNDS.

    (a) REQUIREMENT TO FUND CERTAIN ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING SOLELY THROUGH DEFENSE HOUSING FUNDS- Subsection (e) of section 2883 of title 10, United States Code, is amended--

      (1) by striking `The Secretary' and inserting `(1) The Secretary'; and

      (2) by adding at the end the following new paragraph:

    `(2) The Funds established under subsection (a) shall be the sole source of funds for activities carried out under this subchapter.'.

    (b) AUTHORITY TO TRANSFER FUNDS APPROPRIATED FOR THE IMPROVEMENT OF MILITARY FAMILY HOUSING TO DEFENSE HOUSING FUNDS- Subsection (c)(1)(B) of such section is amended by striking `acquisition or construction' and inserting `acquisition, improvement, or construction'.

    (c) REPORTING REQUIREMENTS RELATED TO DEPARTMENT OF DEFENSE HOUSING FUNDS- Section 2884 of such title is amended--

      (1) in subsection (a)(2)(D), by inserting after `description of the source of such funds' the following: `, including a description of the specific construction, acquisition, or improvement projects from which funds were transferred to the Funds established under section 2883 of this title in order to finance the contract, conveyance, or lease'; and

      (2) in subsection (b)(1)--

        (A) by striking `a report' and inserting `a separate report';

        (B) by striking `covering the Funds' and inserting `covering each of the Funds'; and

        (C) by striking the period at the end and inserting the following: `, including a description of the specific construction, acquisition, or improvement projects from which funds were transferred and the privatization projects or contracts to which those funds were transferred. Each report shall also include, for each military department or defense agency, a description of all funds to be transferred to such Funds for the current fiscal year and the next fiscal year.'.

SEC. 2804. TEMPORARY AUTHORITY TO USE MINOR MILITARY CONSTRUCTION AUTHORITY FOR CONSTRUCTION OF CHILD DEVELOPMENT CENTERS.

    (a) THRESHOLDS ON CONSTRUCTION AUTHORIZED- The Secretary of Defense shall establish a program to carry out minor military construction projects under section 2805 of title 10, United States Code, to construct child development centers.

    (b) INCREASED MAXIMUM AMOUNTS APPLICABLE TO MINOR CONSTRUCTION PROJECTS- For the purpose of any military construction project carried out under the authority provided by this section--

      (1) the amount specified in the second sentence of subsection (a)(1) of section 2805 of title 10, United States Code, shall be deemed to be $7,000,000;

      (2) the amount specified in the third sentence of subsection (a)(1) of such section shall be deemed to be $8,000,000;

      (3) the amount specified in subsection (b)(1) of such section shall be deemed to be $5,000,000;

      (4) the amount specified in subsection (c)(1)(A) of such section shall be deemed to be $7,000,000; and

      (5) the amount specified in subsection (c)(1)(B) of such section shall be deemed to be $5,000,000.

    (c) PROGRAM REQUIREMENTS-

      (1) NOTIFICATION- All notification requirements under such section shall remain in effect for construction projects carried out under the authority provided by this section.

      (2) REVIEW AND APPROVAL- The Secretary shall establish procedures for the review and approval of requests from the Secretaries of military departments to carry out construction projects under the authority provided by this section.

    (d) REPORT ON PROGRAM-

      (1) REPORT REQUIRED- Not later than March 1, 2007, the Secretary of Defense shall submit to the congressional defense committees a report on the program authorized under this section.

      (2) CONTENT- The report shall include--

        (A) a list and description of the construction projects carried out under the program, including the location and cost of each such project; and

        (B) the assessment of the Secretary of the advisability of extending or expanding the authority for the program under this section.

    (e) EXPIRATION OF AUTHORITY- The authority provided by this section expires on September 30, 2007.

    (f) CONSTRUCTION OF AUTHORITY- Nothing in this section may be construed to limit any other authority provided by law for a military construction project at a child development center.

    (g) CHILD DEVELOPMENT CENTER DEFINED- In this section, the term `child development center' includes a facility, and the utilities to support such facility, the function of which is to support the daily care of children aged 6 weeks old through 5 years old for full-day, part-day, and hourly service.

SEC. 2805. INAPPLICABILITY TO CHILD DEVELOPMENT CENTERS OF RESTRICTION ON AUTHORITY TO ACQUIRE OR CONSTRUCT ANCILLARY SUPPORTING FACILITIES.

    Section 2881(b) of title 10, United States Code, is amended by inserting `, other than a project for the acquisition or construction of a child development center,' after `A project referred to in subsection (a)'.

SEC. 2806. AUTHORITY TO CARRY OUT EXCHANGES OF FACILITIES INCLUDING ASSOCIATED UTILITIES, EQUIPMENT, AND FURNISHINGS.

    (a) IN GENERAL- Section 18240 of title 10, United States Code, is amended by adding at the end the following new subsection:

    `(h) FACILITY DEFINED- In this section, the term `facility' includes--

      `(1) any facility, as that term is defined in section 18232(2) of this title; and

      `(2) any associated utilities, equipment, and furnishings required to be installed in any such facility.'.

    (b) TEMPORARY AUTHORITY RELATED TO CASH EQUALIZATION PAYMENTS- Section 2809(c)(4) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2127) is amended by striking `the term `facility' has the meaning given that term in section 18232(2) of title 10, United States Code' and inserting the following: `the term `facility' has the meaning given that term in section 18240(h) of title 10, United States Code'.

SEC. 2807. INCREASE IN NUMBER OF FAMILY HOUSING UNITS IN KOREA AUTHORIZED FOR LEASE BY THE ARMY AT MAXIMUM AMOUNT.

    Section 2828(e)(4) of title 10, United States Code, is amended by striking `2,400' and inserting `2,800'.

Subtitle B--Real Property and Facilities Administration

SEC. 2821. AUTHORITY TO LEASE NON-EXCESS PROPERTY OF DEPARTMENT OF DEFENSE FIELD ACTIVITIES.

    Section 2667a of title 10, United States Code, is amended--

      (1) by amending the heading to read as follows:

`Sec. 2667a. Leases: non-excess property of Defense Agencies and Department of Defense Field Activities';

      (2) in subsection (a)(1), by striking `Defense agency' and inserting `Defense Agency or Department of Defense Field Activity'; and

      (3) in subsection (d)--

        (A) by striking `Defense agency' and inserting `Defense Agency or Department of Defense Field Activity'; and

        (B) by striking `a Defense agency's special account' and inserting `the special account of a Defense Agency or Department of Defense Field Activity'.

SEC. 2822. MODIFIED CRITERIA FOR AGREEMENTS TO LIMIT ENCROACHMENTS AND OTHER CONSTRAINTS ON MILITARY TRAINING, TESTING, AND OPERATIONS.

    (a) MODIFIED CRITERIA- Section 2684a of title 10, United States Code, is amended--

      (1) in subsection (a)--

        (A) by inserting `or entities' after `entity'; and

        (B) by striking `in the vicinity of a military installation' and inserting `in the vicinity of, or ecologically related to, a military installation or the airspace of such installation';

      (2) in subsection (d)--

        (A) in paragraph (1)--

          (i) by striking `An agreement with an eligible entity under this section may provide for' and inserting `An agreement with an eligible entity or entities under this section shall provide for';

          (ii) in subparagraph (A), by inserting `or entities' after `entity'; and

          (iii) by amending subparagraph (B) to read as follows:

      `(B) the equal sharing by the Department of Defense and the entity or entities of the acquisition costs, whether by contribution of funding or like-kind exchange of property or lesser property interest.';

        (B) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (4), (5), (6), and (7), respectively;

        (C) by inserting after paragraph (1) the following new paragraphs:

    `(2) The Secretary concerned may waive the requirement in paragraph (1)(B) to equally share acquisition costs if--

      `(A) the Secretary determines that the agreement is essential to accomplish the mission of the installation;

      `(B) the Secretary notifies the congressional defense committees in writing of the determination and the reasons for the determination; and

      `(C) a period of 21 days has elapsed after the date on which such notification is received by the committees.

    `(3) The acquisition cost of any lesser interest in the property may not exceed 70 percent of the appraised value of the property.'; and

        (D) in paragraph (5), as redesignated by subparagraph (B), by inserting `or entities' after `entity';

      (3) by redesignating subsection (h) as subsection (i); and

      (4) by inserting after subsection (g) the following new subsection:

    `(h) ANNUAL REPORTS- (1) Not later than March 15, 2006, and annually thereafter, the Secretary of Defense shall, in coordination with the Secretaries of the military departments and the Director of the Department of Defense Test Management Resource Center, submit to the congressional defense committees a report on the implementation of projects undertaken pursuant to this section.

    `(2) The reports submitted under paragraph (1) shall include--

      (A) a description of the status of such projects;

      (B) an assessment of the effectiveness of such projects and other actions undertaken pursuant to this section as part of a long-range strategy to ensure the sustainability of military test and training ranges, military installations, and associated airspace;

      (C) an evaluation of the methodology and criteria used to select and prioritize projects undertaken pursuant to this section;

      (D) a description of the shared costs by the Department of Defense and the eligible entity or entities under each agreement undertaken or proposed; and

      (E) recommendations for any legislation or changes in regulations to increase the efficiency and effectiveness of actions taken under this section.'.

    (b) APPLICABILITY OF MODIFIED CRITERIA- The requirement under subsection (d)(1)(B) of such section (as amended by subsection (a)(2)(A)(iii)) that an agreement under such section shall provide for the equal sharing of acquisition costs by the Department of Defense and an eligible entity or entities shall not apply to an agreement initiated before the date of the enactment of this Act.

SEC. 2823. EXPANDED AUTHORITY TO ENTER INTO LEASE-PURCHASE AGREEMENTS.

    Section 2812 of title 10, United States Code, is amended--

      (1) in subsection (a)(1)--

        (A) by striking `a private contractor' and inserting `an eligible entity'; and

        (B) by striking `the contractor' and inserting `the eligible entity';

      (2) in subsection (c)--

        (A) by striking `(c)(1)' and inserting `(c)';

        (B) by striking paragraph (2); and

        (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2); and

      (3) by adding at the end the following new subsection:

    `(e) In this section, the term `eligible entity' means any private person, corporation, firm, partnership, company, or State or local government.'.

Subtitle C--Land Conveyances

PART I--ARMY CONVEYANCES

SEC. 2841. LAND CONVEYANCE, HELENA, MONTANA.

    (a) CONVEYANCE AUTHORIZED- The Secretary of the Army may convey by quitclaim deed to the Helena Indian Alliance, all right, title, and interest of the United States in and to a parcel of real property consisting of approximately 3.0 acres located at Sheridan Hall United States Army Reserve Center, 501 Euclid Avenue, Helena, Montana, including improvements thereon, for the purposes of supporting Native American health care, mental health counseling, and the operation of an education training center.

    (b) Reversionary Interest- If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purposes of the conveyance specified in such subsection, all right, title, and interest in and to the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing.

    (c) PAYMENT OF COSTS OF CONVEYANCE-

      (1) IN GENERAL- The Secretary shall require the Helena Indian Alliance to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the Helena Indian Alliance in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the Alliance.

      (2) REIMBURSEMENT- Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

    (d) DESCRIPTION OF REAL PROPERTY- The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.

    (e) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United State.

SEC. 2842. LAND CONVEYANCE, ARMY RESERVE CENTER, BOTHELL, WASHINGTON.

    (a) CONVEYANCE AUTHORIZED- The Secretary of the Army may convey, without consideration, to the Snohomish County Fire Protection District #10 (in this section referred to as the `Fire District') all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 1.0 acres located at the Army Reserve Center, Bothell, Washington, for the purpose of permitting the Fire District to operate a fire station on the property.

    (b) Reversionary Interest- If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing.

    (c) Payment of Costs of Conveyance-

      (1) IN GENERAL- The Secretary may require the Fire District to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the Fire District in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to Fire District.

      (2) REIMBURSEMENT- Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

    (d) DESCRIPTION OF PROPERTY- The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by surveys satisfactory to the Secretary. The cost of each survey shall be borne by the Fire District.

    (e) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2843. LAND CONVEYANCE, IOWA ARMY AMMUNITION PLANT, MIDDLETOWN, IOWA.

    (a) CONVEYANCE AUTHORIZED- The Secretary of the Army may convey to the City of Middletown (in this section referred to as the `City') all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon, consisting of approximately 1.0 acres located at the Iowa Army Ammunition Plant, Middletown, Iowa, for the purpose of economic development.

    (b) CONSIDERATION- As consideration for the conveyance of property under subsection (a), the City shall provide the United States, whether by cash payment, in-kind consideration, or a combination thereof, an amount that is not less than the fair market value of the conveyed property, as determined by the Secretary.

    (c) Payment of Costs of Conveyance-

      (1) IN GENERAL- The Secretary may require the City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance. If amounts are collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City.

      (2) REIMBURSEMENT- Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

    (d) DESCRIPTION OF PROPERTY- The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by surveys satisfactory to the Secretary. The cost of each survey shall be borne by the City.

    (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.

PART II--NAVY CONVEYANCES

SEC. 2851. LAND CONVEYANCE, MARINE CORPS AIR STATION, MIRAMAR, SAN DIEGO, CALIFORNIA.

    (a) CONVEYANCE AUTHORIZED- Subject to subsection (c), the Secretary of the Navy may convey to the County of San Diego, California (in this section referred to as the `County'), all right, title, and interest of the United States in and to a parcel of real property, including any improvements thereon and appurtenant easements thereto, consisting of approximately 230 acres located on the eastern boundary of Marine Corps Air Station, Miramar, California, for the purpose of removing the property from the boundaries of the installation and permitting the County to preserve the entire property known as the Stowe Trail as a public passive park/recreational area.

    (b) CONSIDERATION-

      (1) IN GENERAL- As consideration for the conveyance under subsection (a), the County shall provide the United States an amount with a total value that is not less than the fair market value of the conveyed real property, as determined by the Secretary.

    (c) REVERSIONARY INTEREST-

      (1) IN GENERAL- If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereon, shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing.

      (2) RELEASE OF REVERSIONARY INTEREST- The Secretary shall release, without consideration, the reversionary interest retained by the United States under paragraph (1) if the Marine Corps Air Station, Miramar, is no longer being used for Department of Defense activities.

    (d) PAYMENT OF COSTS OF CONVEYANCE-

      (1) PAYMENT REQUIRED- The Secretary shall require the County to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a) and implement the receipt of consideration under subsection (b), including appraisal costs, survey costs, costs related to environmental documentation, and other administrative costs related to the conveyance and receipt of consideration. If amounts are collected from the County in advance of the Secretary incurring the actual costs, and the amount received exceeds the costs actually incurred by the Secretary under this section, the Secretary shall refund the excess amount to the County.

      (2) REIMBURSEMENT- Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

    (e) DESCRIPTION OF PROPERTY- The exact acreage and legal description of the real property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.

    (f) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2852. LEASE OF UNITED STATES NAVY MUSEUM FACILITIES AT WASHINGTON NAVY YARD, DISTRICT OF COLUMBIA.

    (a) Lease or License Authorized-

      (1) IN GENERAL- The Secretary of the Navy may lease to the Naval Historical Foundation (in this section referred to as the `Foundation') facilities located at Washington Naval Yard, Washington, District of Columbia, that house the United States Navy Museum (in this section referred to as the `Museum') for the purpose of carrying out the following activities:

        (A) Generation of revenue for the Museum through the rental of facilities to the public, commercial and non-profit entities, State and local governments, and other Federal agencies.

        (B) Administrative activities in support of the Museum.

      (2) LIMITATION- Any activities carried out at the leased facilities under paragraph (1) must be consistent with the operations of the Museum.

    (b) Consideration- The amount of consideration paid in a year by the Foundation to the United States for the lease of facilities under subsection (a) may not exceed the actual cost, as determined by the Secretary, of the annual operation and maintenance of the facilities.

    (c) Use of Proceeds-

      (1) DEPOSIT OF PROCEEDS- The Secretary shall deposit any amounts received under subsection (b) for the lease or license of facilities under subsection (a) into the account for appropriations available for the operation and maintenance of the Museum.

      (2) AVAILABILITY OF AMOUNTS- The Secretary may use any amounts deposited under paragraph (1) to cover the costs associated with the operation and maintenance of the Museum and its exhibits.

    (d) Additional Terms and Conditions- The Secretary may require such additional terms and conditions in connection with the lease or lease of facilities under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

PART III--AIR FORCE CONVEYANCES

SEC. 2861. ACQUISITION OF BUILD-TO-LEASE FAMILY HOUSING AT EIELSON AIR FORCE BASE, ALASKA.

    (a) ACQUISITION AUTHORIZED-

      (1) IN GENERAL- The Secretary of the Air Force may purchase the entire interest of the developer in the military family housing project at Eielson Air Force Base, Alaska, described in paragraph (2) if the Secretary determines that the purchase is in the best economic interests of the Air Force.

      (2) DESCRIPTION OF PROJECT- The military family housing project referred to in this section is the 300-unit military family housing project at Eielson Air Force Base that was constructed by the developer and is leased by the Secretary under section 2835 of title 10, United States Code (in this section referred to as the `Eielson housing project').

    (b) CONSIDERATION- The consideration paid by the Secretary under this section for the interest of the developer in the Eielson housing project may not exceed an amount equal to the fair market value of such interest, as determined by the Secretary.

    (c) TIME FOR PURCHASE-

      (1) IN GENERAL- Subject to paragraph (2), the Secretary may make the purchase authorized by subsection (a) at any time after the end of the term of the lease for the Eielson housing project.

      (2) NOTICE AND WAIT REQUIREMENT- The Secretary may not make the purchase authorized by subsection (a) until 30 days after notifying the congressional defense committees of the Secretary's election to make such purchase.

SEC. 2862. LAND CONVEYANCE, AIR FORCE PROPERTY, LA JUNTA, COLORADO.

    (a) Conveyance Authorized- The Secretary of the Air Force may convey, without consideration, to the City of La Junta, Colorado (in this section referred to as the `City'), all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, consisting of approximately 8 acres located at the USA Bomb Plot in the La Junta Industrial Park for the purpose of training local law enforcement officers.

    (b) Payment of Costs of Conveyance-

      (1) IN GENERAL- The Secretary shall require the City to cover costs to be incurred by the Secretary after the date of enactment of the Act, or to reimburse the Secretary for costs incurred by the Secretary after that date, to carry out the conveyance under subsection (a), including any survey costs, costs related to environmental assessments, studies, analyses, or other documentation, and other administrative costs related to the conveyance. If amounts are collected from the City in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the City.

      (2) TREATMENT OF AMOUNTS RECEIVED- Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover the costs incurred by the Secretary in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.

    (c) Description of Property- The exact acreage and legal description of the property to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary.

    (d) Additional Terms and Conditions- The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

Subtitle D--Other Matters

SEC. 2881. REORGANIZATION AND TECHNICAL IMPROVEMENT OF CODIFIED LAWS APPLICABLE TO REAL PROPERTY OF THE DEPARTMENT OF DEFENSE.

    (a) CONSOLIDATION OF ACQUISITION AUTHORITY- Section 2663 of title 10, United States Code, is amended--

      (1) in the heading, by inserting `authority' after `Acquisition';

      (2) in subsection (a)--

        (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;

        (B) by striking `(a) The Secretary' and inserting the following:

    `(a) IN GENERAL- (1) The Secretary'; and

        (C) in paragraph (1)(C), as redesignated by this paragraph, by striking `clause (2)' and inserting `subparagraph (B)';

      (3) by redesignating subsections (b), (c), and (d), as paragraphs (2), (3), and (4), respectively;

      (4) by striking `subsection (a)' each place it appears and inserting `paragraph (1)'; and

      (5) by adding at the end the following new subsections:

    `(b) LOW-COST INTERESTS IN LAND- (1) The Secretary of a military department may acquire any interest in land that--

        `(A) the Secretary determines--

          `(i) is needed in the interest of national defense; and

          `(ii) does not cost more than $750,000, exclusive of administrative costs and the amounts of any deficiency judgments; or

        `(B) the Secretary determines--

          `(i) is needed solely to correct a deficiency that is life-threatening, health-threatening, or safety-threatening; and

          `(ii) does not cost more than $1,500,000, exclusive of administrative costs and the amounts of any deficiency judgments.

    `(2) This subsection does not apply to the acquisition, as part of the same project, of more than one parcel of land unless--

      `(A) the parcels are noncontiguous; or

      `(B) if the parcels are contiguous--

        `(i) the total cost of such parcels is not more than $750,000 in the case of an acquisition under paragraph (1)(A); or

        `(ii) the total cost of such parcels is not more than $1,500,000 in the case of an acquisition under paragraph (1)(B).

    `(3) Appropriations available to the Department of Defense for operation and maintenance or for military construction may be used for the acquisition of land or interests in land under paragraph (1).

    `(c) INTERESTS IN LAND WHEN NEED IS URGENT- (1) The Secretary of a military department may acquire any interest in land in any case in which the Secretary determines that--

        `(A) the acquisition is needed in the interest of national defense;

        `(B) the acquisition is required to maintain the operational integrity of a military installation; and

        `(C) considerations of urgency do not permit the delay necessary to include the acquisition in an annual Military Construction Authorization Act.

    `(2) Not later than 10 days after the date on which the Secretary of a military department determines to acquire an interest in land under the authority of this subsection, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives written notice containing a description of the property and interest to be acquired and the reasons for the acquisition.

    `(3) Appropriations available for military construction may be used for the acquisition of land under this subsection.

    `(d) SCOPE OF AUTHORITY- The authority to acquire interests in real property (including a temporary interest) under this section includes authority to--

      `(1) make surveys; and

      `(2) acquire interests in real property by gift, purchase, exchange of real property owned by the United States, or otherwise.'.

    (b) ACQUISITION LIMITATIONS-

      (1) TRANSFER OF LIMITATIONS- Section 2676 of such title is--

        (A) transferred to appear after section 2663 of such title; and

        (B) redesignated as section 2664 of such title.

      (2) STYLISTIC AND CLERICAL AMENDMENTS- Section 2664 of such title, as redesignated by paragraph (1), is amended--

        (A) by striking subsection (b);

        (B) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively;

        (C) in subsection (b), as redesignated by subparagraph (B)--

          (i) by striking `determines (A) that such' and inserting the following: `determines that--

        `(A) such';

          (ii) by striking `cost, and (B) that such' and inserting the following: `cost; and

        `(B) that such'; and

          (iii) by striking `subsection (d)' and inserting `subsection (c)';

        (D) in subsection (c), as so redesignated, by striking `subsection (c)' and inserting `subsection (b)'; and

        (E) in subsection (d), as so redesignated, by striking `subsections (c) and (d)' and inserting `subsections (b) and (c)'.

    (c) REPEAL OF CONSOLIDATED SECTIONS- The following sections of chapter 159 of such title are repealed:

      (1) Section 2672.

      (2) Section 2672a.

    (d) CLERICAL AMENDMENTS- The table of sections at the beginning of such chapter is amended--

      (1) by amending the item relating to section 2663 to read as follows:

      `2663. Acquisition authority.';

      (2) by inserting after the item relating to section 2663 the following new item:

      `2664. Acquisition: limitations.'; and

      (3) by striking the items relating to sections 2672, 2672a, and 2676.

    (e) REPEAL OF OBSOLETE AUTHORITY- Section 2665 of such title is amended--

      (1) by striking subsection (a);

      (2) by redesignating subsections (b), (c), (d), (e), and (f) as subsections (a), (b), (c), (d), and (e), respectively;

      (3) in subsection (b), as redesignated by paragraph (2), by striking `subsection (a) or (b)' and inserting `subsection (a)'; and

      (4) in paragraph (2) of subsection (e), as so redesignated--

        (A) by striking `subsections (a) and (b)' and inserting `subsection (a)';

        (B) by striking `subsection (d)' and inserting `subsection (c)'; and

        (C) by striking `subsection (e)' and inserting `subsection (d)'.

    (f) Transfer of Ford Island Provision-

      (1) TRANSFER AND REDESIGNATION- Section 2814 of such title is--

        (A) transferred to appear after section 7524 of such title; and

        (B) redesignated as section 7525 of such title.

      (2) TECHNICAL AND CONFORMING AMENDMENTS- Subsection (i) of section 7525 of such title, as transferred and redesignated by paragraph (1), is amended--

        (A) in paragraph (2)--

          (i) by striking `To extent' and inserting `To the extent; and

          (ii) by striking `this chapter' and inserting `chapter 169 of this title'; and

        (B) in paragraph (3)(B), by striking `this chapter' and inserting `chapter 169 of this title'.

      (3) CLERICAL AMENDMENTS- (A) The table of sections at the beginning of chapter 169 of such title is amended by striking the item relating to section 2814.

      (B) The table of sections at the beginning of chapter 645 of such title is amended by adding at the end the following new item:

      `7525. Special authority for development of Ford Island, Hawaii.'.

    (g) Application of Real Property Management Authorities to Pentagon Reservation- Section 2661 of such title is amended by adding at the end the following new subsection:

    `(d) In this chapter, the terms `Secretary concerned' and `Secretary of a military department' include the Secretary of Defense with respect to the Pentagon Reservation.'.

SEC. 2882. REPORT ON APPLICATION OF FORCE PROTECTION AND ANTI-TERRORISM STANDARDS TO LEASED FACILITIES.

    (a) REPORT REQUIRED- Not later than May 1, 2006, the Secretary of Defense shall submit to the congressional defense committees a report on the application of Department of Defense Anti-Terrorism/Force Protection standards to all facilities leased by the Department of Defense or leased by the General Services Administration as an agent for the Department of Defense as of September 30, 2005.

    (b) INFORMATION ON LEASED FACILITIES- For each facility identified in the report submitted under subsection (a), the Secretary shall include the following:

      (1) A description of the function of the leased facility, including the location, size, terms of lease, and the number of personnel housed within the facility.

      (2) A description of the threat assessment and the joint security integrated vulnerability assessment for each leased facility.

      (3) A description and cost estimate of any actions necessary to mitigate risk to an acceptable level in each leased facility.

      (4) A description and cost estimate of the actions to be taken by the Secretary of Defense for each leased facility to ensure compliance with Department of Defense Anti-Terrorism/Force Protection standards.

      (5) The total estimated cost of, and a proposed funding plan for, implementation of the force protection and anti-terrorism measures required to ensure the compliance of all leased facilities with Defense Anti-Terrorism/Force Protection standards.

    (c) INFORMATION ON SUPPORT PRIORITIES- The report submitted under subsection (a) shall also include a separate description of the procedures used by the Secretary of Defense to prioritize funding for the application of force protection and antiterrorism standards to leased facilities, including a description of any such procedures applicable to the entire Department of Defense.

    (d) APPLICABILITY- The reporting requirements under this section apply to any space or facility that houses 11 or more personnel in service to, or employed by, the Department of Defense.

SEC. 2883. CONSTRUCTION AT FORT BUCHANAN, PUERTO RICO, FOR RESERVE COMPONENTS.

    Section 1507(b)(2) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398, 114 Stat. 1654A-355) is amended to read as follows:

      `(2) The construction, conversion, rehabilitation, extension, and improvement of reserve component and nonappropriated fund facilities.'.

SEC. 2884. AUTHORITY TO USE PAPAGO PARK MILITARY RESERVATION, ARIZONA, FOR GENERAL MILITARY PURPOSES.

    Section 1 of the Act of April 7, 1930 (46 Stat. 142, chapter 107), is amended by striking `reserved for military purposes for use of the National Guard of Arizona as a rifle range' and inserting `reserved for military purposes for use by the State of Arizona as a military installation known as Papago Park Military Reservation'.

SEC. 2885. ONE-YEAR EXTENSION OF DEPARTMENT OF DEFENSE LABORATORY REVITALIZATION PROGRAM.

    Section 2892(g) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2805 note), as amended by section 2891 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2154), is further amended by striking `September 30, 2005' and inserting `September 30, 2006'.

SEC. 2886. SENSE OF CONGRESS ON ESTABLISHMENT OF BAKERS CREEK MEMORIAL.

    (a) FINDINGS- Congress makes the following findings:

      (1) In 1943 and 1944, the United States Armed Forces operated a rest and relaxation facility in Mackay, Queensland, Australia, for troops serving in the Pacific Theater during World War II.

      (2) On June 14, 1943, a Boeing B-17C was transporting 6 crew members and 35 servicemen from Mackay to Port Moresby, New Guinea, to return the servicemen to duty after 10 days of rest and relaxation leave at an Army/Red Cross facility.

      (3) The aircraft crashed shortly after take-off at Bakers Creek, Australia, killing all 6 crew members and 34 of the 35 servicemen being transported in what was at that point the worst crash in American air transport history, and what remains the worst air disaster in Australian history.

      (4) Due to wartime censorship rules related to the movement of troops, the tragic crash and loss of life were not reported to the Australian or United States public.

      (5) Many family members of those killed did not learn the circumstances of the troops deaths until they were contacted by the Bakers Creek Memorial Foundation beginning in 1992.

      (6) As of May 2005, the Bakers Creek Memorial Foundation had contacted 36 of the 40 families that lost loved ones in the tragic crash, and was continuing efforts to locate the remaining four families to inform them of the true events of the crash at Bakers Creek.

      (7) The Australian people marked the tragic crash at Bakers Creek with a memorial established in 1992, but no similar memorial has been established in the United States.

    (b) SENSE OF CONGRESS- It is the sense of Congress that the Secretary of the Army may establish an appropriate marker, at a site to be chosen at the discretion of the Secretary, to commemorate the 40 members of the United States Armed Forces who lost their lives in the air crash at Bakers Creek, Australia, on June 14, 1943.

SEC. 2887. REPORT ON USE OF GROUND SOURCE HEAT PUMPS AT DEPARTMENT OF DEFENSE FACILITIES.

    (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 congressional defense committees a report on the use of ground source heat pumps at Department of Defense facilities.

    (b) Content- The report required under subsection (a) shall include--

      (1) a description of the types of Department of Defense facilities that use ground source heat pumps;

      (2) an assessment of the applicability and cost-effectiveness of the use of ground source heat pumps at Department of Defense facilities in different geographic regions of the United States;

      (3) a description of the relative applicability of ground source heat pumps for purposes of new construction at, and retrofitting of, Department of Defense facilities; and

      (4) recommendations for facilitating and encouraging the increased use of ground source heat pumps at Department of Defense facilities.

SEC. 2888. TREATMENT OF INDIAN TRIBAL GOVERNMENTS AS PUBLIC ENTITIES FOR PURPOSES OF DISPOSAL OF REAL PROPERTY RECOMMENDED FOR CLOSURE IN JULY 2003 BRAC COMMISSION REPORT.

    Section 8013 of the Department of Defense Appropriations Act, 1994 (Public Law 103-139; 107 Stat. 1440) is amended by striking `the report to the President from the Defense Base Closure and Realignment Commission, July 1991' and inserting `the reports to the President from the Defense Base Closure and Realignment Commission, July 1991 and July 1993'.

SEC. 2889. SENSE OF THE SENATE REGARDING COMMUNITY IMPACT ASSISTANCE RELATED TO CONSTRUCTION OF NAVY LANDING FIELD, NORTH CAROLINA.

    It is the sense of the Senate that--

      (1) the planned construction of an outlying landing field in North Carolina is vital to the national security interests of the United States; and

      (2) the Department of Defense should work with other Federal agencies to provide community impact assistance to those communities directly impacted by the location of the outlying landing field, including, where appropriate--

        (A) economic development assistance;

        (B) impact aid program assistance;

        (C) the provision by cooperative agreement with the Navy of fire, rescue, water, and sewer services;

        (D) access by leasing arrangement to appropriate land for farming for farmers impacted by the location of the landing field;

        (E) direct relocation assistance; and

        (F) fair compensation to landowners for property purchased by the Navy.

SEC. 2890. DESIGNATION OF WILLIAM B. BRYANT ANNEX.

    (a) Designation- The annex to the E. Barrett Prettyman Federal Building and United States Courthouse located at 333 Constitution Avenue Northwest in the District of Columbia shall be known and designated as the `William B. Bryant Annex'.

    (b) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the annex referred to in subsection (a) shall be deemed to be a reference to the `William B. Bryant Annex'.

SEC. 2891. REQUIRED CONSULTATION WITH STATE AND LOCAL ENTITIES ON TRANSPORTATION, HOUSING, AND OTHER INFRASTRUCTURE ISSUES RELATED TO THE ADDITION OF PERSONNEL OR FACILITIES AT MILITARY INSTALLATIONS AS PART OF 2005 ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT.

    Section 2905(a) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) is amended by adding at the end the following new paragraph:

    `(3) In carrying out any closure or realignment under this part that would add personnel or facilities to an existing military installation, the Secretary shall consult with appropriate State and local entities on matters affecting the local community related to transportation, utility infrastructure, housing, schools, and family support activities during the development of plans to implement such closure or realignment.'.

SEC. 2892. SENSE OF THE SENATE ON REVERSIONARY INTERESTS AT NAVY HOMEPORTS.

    It is the sense of the Senate that, in implementing the decisions made with respect to Navy homeports as part of the 2005 round of defense base closure and realignment, the Secretary of the Navy should, consistent with the national interest and Federal policy supporting cost-free conveyances of Federal surplus property suitable for use as port facilities, release or otherwise relinquish any entitlement to receive, pursuant to any agreement providing for such payment, compensation from any holder of a reversionary interest in real property used by the United States for improvements made to any military installation that is closed or realigned as part of such base closure round.

SEC. 2893. IDENTIFICATION OF ENVIRONMENTAL CONDITIONS AT MILITARY INSTALLATIONS CLOSED OR REALIGNED UNDER 2005 ROUND OF DEFENSE BASE CLOSURE AND REALIGNMENT.

    (a) Identification of Environmental Condition of Property-

      (1) IN GENERAL- Not later than May 31, 2007, the Secretary of Defense, in consultation with the Administrator of the Environmental Protection Agency, other appropriate Federal agencies, and State, tribal, and local government officials, shall complete an identification of the environmental condition of the real property (including groundwater) of each military installation approved for closure or realignment under the 2005 round of defense base closure and realignment in accordance with section 120(h)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(4)).

      (2) RESULTS-

        (A) IN GENERAL- As soon as practicable after the date on which an identification under paragraph (1) is completed, the Secretary of Defense shall--

          (i) provide a notice of the results of the identification to--

            (I) the Administrator of the Environmental Protection Agency;

            (II) the head of any other appropriate Federal agency, as determined by the Secretary; and

            (III) any affected State or tribal government official, as determined by the Secretary; and

          (ii) publish in the Federal Register the results of the identification.

        (B) REQUEST FOR CONCURRENCE- The Secretary shall include in a notice provided under subclause (I) or (III) of subparagraph (A)(i) a request for concurrence with the identification in such form as the Secretary determines to be appropriate.

      (3) CONCURRENCE-

        (A) IN GENERAL- An identification under paragraph (1) shall not be considered to be complete until--

          (i) for a property that is a site, or part of a site, on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)), the date on which the Administrator of the Environmental Protection Agency and each appropriate State and tribal government official concur with the identification; and

          (ii) for any property that is not a site described in clause (i), the date on which each appropriate State and tribal government official concurs with the identification.

        (B) FAILURE TO ACT- The Administrator, or a State or tribal government official, shall be considered to concur with an identification under paragraph (1) if the Administrator or government official fails to make a determination with respect to a request for concurrence with such identification under paragraph (2)(B) by not later than 90 days after the date on which such request for concurrence is received.

    (b) Expediting Environmental Response- The Secretary of Defense shall coordinate with appropriate Federal, State, tribal, and local governmental officials, as determined by the Secretary, to expedite environmental response at military installations approved for closure or realignment under the 2005 round of defense base closure and realignment.

    (c) Report- The Secretary shall submit to Congress, as part of each annual report under section 2706 of title 10, United States Code, a report describing any progress made in carrying out this section.

    (d) Effect of Section- Nothing in this section affects any obligation of the Secretary with respect to any other Federal or State requirement relating to--

      (1) the environment; or

      (2) the transfer of property.

SEC. 2894. SENSE OF CONGRESS ON LIMITATION ON TRANSFER OF UNITS FROM CLOSED AND REALIGNED MILITARY INSTALLATIONS PENDING READINESS OF RECEIVING LOCATIONS.

    (a) Findings-

      (1) The Commission on Review of Overseas Military Facility Structure of the United States, also known as the Overseas Basing Commission, transmitted a report to the President and Congress on August 15, 2005, that discussed considerations for the return to the United States of up to 70,000 service personnel and 100,000 family members and civilian employees from overseas garrisons.

      (2) The 2005 Base Closure and Realignment Commission released a report on September 8, 2005, to the President that assessed the closure and realignment decisions of the Department of Defense, which would affect 26,830 military personnel positions.

      (3) Both of these reports expressed concerns that massive movements of units, service personnel, and families may disrupt unit operational effectiveness and the quality of life for family members if not carried out with adequate planning and resources.

      (4) The 2005 Base Closure and Realignment Commission, in its decision to close Fort Monmouth, included a provision requiring the Secretary of Defense to provide a report that `movement of organizations, functions, or activities from Fort Monmouth to Aberdeen Proving Ground will be accomplished without disruption of their support to the Global War on Terrorism or other critical contingency operations, and that safeguards exist to ensure that necessary redundant capabilities are put in place to mitigate potential degradation of such support, and to ensure maximum retention of critical workforce'.

      (5) The Overseas Basing Commission found that `base closings at home along with the return of yet additional masses of service members and dependents from overseas will have major impact on local communities and the quality of life that can be expected. Movements abroad from established bases into new locations, or into locations already in use that will be put under pressure by increases in populations, will impact on living conditions.'

      (6) The Overseas Basing Commission notes that the four most critical elements of quality of life as they relate to restructuring of the global defense posture are housing, military child education, healthcare, and service member and family services.

      (7) The Overseas Basing Commission recommended that `planners must take a `last day-first day' approach to the movement of units and families from one location to another', meaning that they must maintain the support infrastructure for personnel until the last day they are in place and must have the support infrastructure in place on the first day troops arrive in the new location.

      (8) The Overseas Basing Commission further recommended that it is `imperative that the `last day-first day' approach should be taken whether the movement is abroad from one locale to another, from overseas to the United States, or from one base in CONUS [the continental United States] to yet another as a result of base realignment and closures'.

    (b) Sense of Congress- It is the sense of Congress that the Secretary of Defense should not transfer any unit from a military installation closed or realigned due to the relocation of forces under the Integrated Global Presence and Basing Strategy or the 2005 round of defense base closure and realignment until adequate facilities and infrastructure necessary to support the unit's mission and quality of life requirements for military families are ready for use at the receiving location.

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.

    (a) AUTHORIZATION OF APPROPRIATIONS- Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2006 for the activities of the National Nuclear Security Administration in carrying out programs necessary for national security in the amount of $9,357,427,000, to be allocated as follows:

      (1) For weapons activities, $6,590,319,000.

      (2) For defense nuclear nonproliferation activities, $1,637,239,000, of which amount $338,565,000 shall be available for project 99-D-143, the Mixed Oxide Fuel Fabrication Facility, Savannah River Site, Aiken, South Carolina, and $24,000,000 shall be available for project 99-D-141, the Pit Disassembly and Conversion Facility, Savannah River Site, Aiken, South Carolina.

      (3) For naval reactors, $786,000,000.

      (4) For the Office of the Administrator for Nuclear Security, $343,869,000.

    (b) AUTHORIZATION OF NEW PLANT PROJECTS- From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for weapons activities as follows:

      (1) For readiness in technical base and facilities, the following new plant projects:

        Project 06-D-140, Readiness in Technical Base and Facilities Program (RTBF), project engineering and design, various locations, $19,113,000.

        Project 06-D-402, replacement of Fire Stations Number 1 and Number 2, Nevada Test Site, Nevada, $8,284,000.

        Project 06-D-403, tritium facility modernization, Lawrence Livermore National Laboratory, Livermore, California, $2,600,000.

        Project 06-D-404, remediation, restoration, and upgrade of Building B-3, Nevada Test Site, Nevada, $16,000,000.

      (2) For facilities and infrastructure recapitalization, the following new plant projects:

        Project 06-D-160, Facilities and Infrastructure Recapitalization Program (FIRP), project engineering and design, various locations, $5,811,000.

        Project 06-D-601, electrical distribution system upgrade, Pantex Plant, Amarillo, Texas, $4,000,000.

        Project 06-D-602, gas main and distribution system upgrade, Pantex Plant, Amarillo, Texas, $3,700,000.

        Project 06-D-603, Steam Plant Life Extension Project (SLEP), Y-12 National Security Complex, Oak Ridge, Tennessee, $729,000.

      (3) For naval reactors, the following new plant project:

        Project 06-N-901, Central Office Building 2, Bettis Atomic Power Laboratory, West Mifflin, Pennsylvania, $7,000,000.

SEC. 3102. DEFENSE ENVIRONMENTAL MANAGEMENT.

    (a) AUTHORIZATION OF APPROPRIATIONS- Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2006 for environmental management activities in carrying out programs necessary for national security in the amount of $6,189,433,000, to be allocated as follows:

      (1) For defense site acceleration completion, $5,335,849,000.

      (2) For defense environmental services, $853,584,000.

    (b) AUTHORIZATION OF NEW PLANT PROJECT- From funds referred to in subsection (a)(1) that are available for carrying out plant projects, the Secretary of Energy may carry out, for environmental management activities, the following new plant project:

      Project 06-D-401, sodium bearing waste treatment project, Idaho National Laboratory, Idaho Falls, Idaho, $15,000,000.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2006 for other defense activities in carrying out programs necessary for national security in the amount of $563,423,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2006 for defense nuclear waste disposal for payment to the Nuclear Waste Fund established in section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of $301,447,000.

Subtitle B--Other Matters

SEC. 3111. REPORT ON COMPLIANCE WITH DESIGN BASIS THREAT.

    (a) REPORT REQUIRED- Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall submit to the congressional defense committees a report detailing plans for achieving compliance under the Design Basis Threat issued by the Department of Energy in 2004.

    (b) CONTENT- The report required under subsection (a) shall include--

      (1) an implementation plan with associated funding requirements to achieve by September 30, 2007, compliance under the Design Basis Threat of all Department of Energy and National Nuclear Security Administration sites that contain nuclear weapons or special nuclear material; and

      (2) an evaluation of options for applying security technologies and innovative protective force deployment to increase the efficiency and effectiveness of efforts to protect against the threats postulated in the Design Basis Threat.

    (c) FORM- The report required under subsection (a) shall be submitted in classified form with an unclassified summary.

SEC. 3112. COST ESTIMATE FOR WASTE TREATMENT AND IMMOBILIZATION PLANT PROJECT, HANFORD SITE, RICHLAND, WASHINGTON.

    (a) REPORT REQUIRED- Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy shall submit to the congressional defense committees an independent cost estimate prepared by the Army Corps of Engineers for the Waste Treatment and Immobilization Plant project at the Hanford Site, Richland, Washington (in this section referred to as the `project').

    (b) CONTENT- The cost estimate required under subsection (a) shall include estimates of the total cost and annual funding requirements, listed by year, to complete the project, assuming a completion date in each of 2011, 2012, 2013, 2014, and 2015.

SEC. 3113. REPORT ON INTERNATIONAL BORDER SECURITY PROGRAMS.

    (a) REPORT REQUIRED- Not later than 120 days after the date of the enactment of this Act, the Secretary of Energy shall, in consultation with the Secretary of Defense, the Secretary of State, and, as appropriate, the Secretary of Homeland Security, submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the management by such Secretaries of border security programs in the countries of the former Soviet Union and other countries.

    (b) CONTENT- The report required under subsection (a) shall include--

      (1) a description of the roles and responsibilities of each department and agency of the United States Government in international border security programs;

      (2) a description of the interactions and coordination among departments and agencies of the United States Government that are conducting international border security programs;

      (3) a description of the mechanisms that exist to ensure coordination, avoid duplication, and provide a means to resolve conflicts or problems that might arise in the implementation of international border security programs;

      (4) a discussion of whether there is existing interagency guidance that addresses the roles, interactions, and dispute resolution mechanisms for departments and agencies of the United States Government that are conducting international border security programs, and the adequacy of such guidance if it exists; and

      (5) recommendations to improve the coordination and effectiveness of international border security programs.

SEC. 3114. CLARIFICATION OF COOPERATIVE AGREEMENT AUTHORITY UNDER CHEMICAL DEMILITARIZATION PROGRAM.

    (a) In General- 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 tribal organizations' after `State and local governments'; and

        (B) by inserting `and tribal organizations' after `those governments';

      (3) in the third sentence--

        (A) by striking `Additionally, the Secretary' and inserting the following:

        `(B) Additionally, the Secretary'; and

        (B) by inserting `and tribal organizations' after `State and local governments'; and

      (4) by adding at the end the following:

        `(C) In this paragraph, the term `tribal organization' has the meaning given the 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 on December 5, 1991; and

      (2) apply to any cooperative agreement entered into on or after that date.

SEC. 3115. SAVANNAH RIVER NATIONAL LABORATORY.

      The Savannah River National Laboratory shall be a participating laboratory in the Department of Energy laboratory directed research and development program.

SEC. 3116. ROCKY FLATS ENVIRONMENTAL TECHNOLOGY SITE.

    (a) Definitions- In this section:

      (1) ESSENTIAL MINERAL RIGHT- The term `essential mineral right' means a right to mine sand and gravel at Rocky Flats, as depicted on the map.

      (2) FAIR MARKET VALUE- The term `fair market value' means the value of an essential mineral right, as determined by an appraisal performed by an independent, certified mineral appraiser under the Uniform Standards of Professional Appraisal Practice.

      (3) MAP- The term `map' means the map entitled `Rocky Flats National Wildlife Refuge', dated July 25, 2005, and available for inspection in appropriate offices of the United States Fish and Wildlife Service and the Department of Energy.

      (4) NATURAL RESOURCE DAMAGE LIABILITY CLAIM- The term `natural resource damage liability claim' means a natural resource damage liability claim under subsections (a)(4)(C) and (f) of section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) arising from hazardous substances releases at or from Rocky Flats that, as of the date of enactment of this Act, are identified in the administrative record for Rocky Flats required by the National Oil and Hazardous Substances Pollution Contingency Plan prepared under section 105 of that Act (42 U.S.C. 9605).

      (5) ROCKY FLATS- The term `Rocky Flats' means the Department of Energy facility in the State of Colorado known as the `Rocky Flats Environmental Technology Site'.

      (6) SECRETARY- The term `Secretary' means the Secretary of Energy.

      (7) TRUSTEES- The term `Trustees' means the Federal and State officials designated as trustees under section 107(f)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(2)).

    (b) Purchase of Essential Mineral Rights-

      (1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, such amounts authorized to be appropriated under subsection (c) shall be available to the Secretary to purchase essential mineral rights at Rocky Flats.

      (2) CONDITIONS- The Secretary shall not purchase an essential mineral right under paragraph (1) unless--

        (A) the owner of the essential mineral right is a willing seller; and

        (B) the Secretary purchases the essential mineral right for an amount that does not exceed fair market value.

      (3) LIMITATION- Only those funds authorized to be appropriated under subsection (c) shall be available for the Secretary to purchase essential mineral rights under paragraph (1).

      (4) RELEASE FROM LIABILITY- Notwithstanding any other law, any natural resource damage liability claim shall be considered to be satisfied by--

        (A) the purchase by the Secretary of essential mineral rights under paragraph (1) for consideration in an amount equal to $10,000,000;

        (B) the payment by the Secretary to the Trustees of $10,000,000; or

        (C) the purchase by the Secretary of any portion of the mineral rights under paragraph (1) for--

          (i) consideration in an amount less than $10,000,000; and

          (ii) a payment by the Secretary to the Trustees of an amount equal to the difference between--

            (I) $10,000,000; and

            (II) the amount paid under clause (i).

      (5) USE OF FUNDS-

        (A) IN GENERAL- Any amounts received under paragraph (4) shall be used by the Trustees for the purposes described in section 107(f)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(f)(1)), including--

          (i) the purchase of additional mineral rights at Rocky Flats; and

          (ii) the development of habitat restoration projects at Rocky Flats.

        (B) CONDITION- Any expenditure of funds under this paragraph shall be made jointly by the Trustees.

        (C) ADDITIONAL FUNDS- The Trustees ma