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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 Apr 26, 2005 (Introduced).


HR 1815 IH

109th CONGRESS

1st Session

H. R. 1815

To authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2006, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

April 26, 2005

Mr. HUNTER (for himself and Mr. SKELTON) (both by request) introduced the following bill; which was referred to the Committee on Armed Services


A BILL

To authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2006, and for other purposes.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    (a) DIVISIONS- This Act is organized into two divisions as follows:

      (1) Division A--Department of Defense Authorizations.

      (2) Division B--Military Construction Authorizations.

    (b) TABLE OF CONTENTS- The table of contents for this Act is as follows:

      Sec. 1. Short title.

      Sec. 2. Table of contents.

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

      Sec. 101. Army.

      Sec. 102. Navy and Marine Corps.

      Sec. 103. Air Force.

      Sec. 104. Defense-wide activities.

Subtitle B--Army Programs

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

      Sec. 112. Multiyear procurement authority for the Army Apache Modernized Target Acquisition Designation Sight/Pilot Night Vision Sensor.

      Sec. 113. Multiyear procurement authority for Army Apache Block II Conversion.

Subtitle C--Navy Programs

      Sec. 121. Refueling and complex overhaul of the USS Carl Vinson.

      Sec. 122. Construction of the LHA replacement ship.

      Sec. 123. Use of funds from the National Defense Sealift Fund to exercise purchase options on maritime prepositioning ships.

Subtitle D--Air Force Programs

      Sec. 131. Civil Reserve Air Fleet Expansion.

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

      Sec. 201. Authorization of appropriations.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

      Sec. 301. Operation and maintenance funding.

      Sec. 302. Working capital funds.

      Sec. 303. Armed Forces Retirement Home.

      Sec. 304. Other Department of Defense programs.

Subtitle B--Environmental Provisions

      Sec. 311. Payment of certain private cleanup costs in connection with the defense environmental restoration program.

      Sec. 312. The environmental quality annual report.

Subtitle C--Workplace and Depot Issues

      Sec. 321. Retention of reimbursement for provision of reciprocal fire protection services.

      Sec. 322. Exceptions to prohibition on contracts for performance of firefighting or security-guard functions.

      Sec. 323. Fielding of ballistic missile defense capabilities.

      Sec. 324. Expansion of Fire protection services under reciprocal agreements.

Subtitle D--Other Matters

      Sec. 331. Termination of the National Security Education Trust Fund.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

      Sec. 401. End strengths for active forces.

Subtitle B--Reserve Forces

      Sec. 411. End strengths for Selected Reserve.

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

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

      Sec. 414. Fiscal year 2006 limitation on number of non-dual status technicians.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

      Sec. 501. Elimination of frocking for officers above the grade of major general or rear admiral.

      Sec. 502. Authorized strength: general and flag officers on active duty.

Subtitle B--Reserve Component Personnel Matters

      Sec. 511. Eliminate limitation on amount of ROTC scholarship financial assistance.

      Sec. 512. Modifications to Reserve educational benefit for certain active service.

      Sec. 513. Revision of bonus for enlisted members to serve in the Ready Reserve.

      Sec. 514. Retention incentive for members of the Selected Reserve qualified in a critical military skill or unit.

      Sec. 515. Uniform authority for Reserve general officer age deferments.

      Sec. 516. Expanded use of Reserve component members to perform developmental and operational testing and new equipment training.

Subtitle C--Joint Officer Management and Professional Military Education

      Sec. 521. New mission statement and expanded eligibility for enlisted personnel at the naval postgraduate school.

Subtitle D--Military Service Academies

      Sec. 531. Pay Increase for permanent military professors at the United States Naval Academy with over 36 years of service.

      Sec. 532. Authority to retain permanent professors at the Naval Academy for more than thirty years.

Subtitle E--Other Education and Training Matters

      Sec. 541. Increase ROTC scholarship limit.

      Sec. 542. Clarification of restriction on compensation for correspondence courses.

Subtitle F--Military Justice Matters

      Sec. 551. Administrative sessions of courts-martial.

      Sec. 552. Unlimited period for prosecution of murder and rape; extended period for prosecution of child abuse cases in courts-martial.

      Sec. 553. Amending offense of rape under the Uniform Code of Military Justice; elimination of mistake of age defense in carnal knowledge of child cases.

      Sec. 554. Establishing the offense of stalking under the Uniform Code of Military Justice.

      Sec. 555. Amending offense of sodomy under the Uniform Code of Military Justice.

Subtitle G--Management and Administrative Matters

      Sec. 561. Clarification of authority of military legal assistance counsel to provide military legal assistance without regard to licensing requirements.

Subtitle H--Other Matters

      Sec. 571. Uniform Enlistment practices of the armed forces.

      Sec. 572. Increase in percentage limits on reduction of time in grade requirements for retention of grade upon voluntary retirement.

      Sec. 573. Consolidating frocking limits.

      Sec. 574. Receipt of statutory selection board correspondence.

      Sec. 575. Military personnel demonstration projects.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

      Sec. 601. Permanent authority for the supplemental subsistence allowance for low-income members with dependents.

      Sec. 602. Repeal of basic allowance for housing differential.

      Sec. 603. Revisions to pay and allowances considered for saved pay upon appointment as an officer.

Subtitle B--Bonuses and Special and Incentive Pays

      Sec. 611. Uniform payment of foreign language proficiency pay to Reserve component members and members on active duty.

      Sec. 612. Increase maximum amount of selective reenlistment bonus.

      Sec. 613. One-year extension of certain bonus and special pays for Reserve forces.

      Sec. 614. Flexible payment of assignment incentive pay.

      Sec. 615. Repayment of unearned portions of bonuses, special pays, and educational benefits.

      Sec. 616. Increase in maximum monthly rate authorized for hardship duty pay.

Subtitle C--Retired Pay

      Sec. 621. Prohibit court-ordered payments before retirement based on imputation of retired pay.

Subtitle D--Other Matters

      Sec. 631. Payment of expenses to obtain professional credentials.

      Sec. 632. Monthly disbursement to the states of state income tax voluntarily withheld from retired or retained pay.

      Sec. 633. Leave accrual for members assigned to a deployable ship or mobile unit or other duty.

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Enhanced Benefits for Reserves

      Sec. 701. Correction to eligibility for health care pending active duty following commissioning.

Subtitle B--Other Benefits Improvements

      Sec. 711. Authority to relocate patient safety center; renaming MedTeams program.

Subtitle C--Planning, Programming, and Management

      Sec. 721. Modification of health care quality information and technology enhancement reporting requirement.

Subtitle D--Medical Readiness Tracking and Health Surveillance

      Sec. 731. Revision of requirements for physical examinations and certificates of physical condition for members of the Selected Reserve.

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

Subtitle A--Acquisition Policy and Management

      Sec. 801. Joint warfighting science and technology plan.

      Sec. 802. Making the statutory executive compensation cap prospective from the date of the legislation.

      Sec. 803. Clarification of rapid acquisition authority to respond to combat emergencies.

      Sec. 804. Clarification of Buy American requirements.

      Sec. 805. Increase limitation on advance billing of working capital fund customers.

      Sec. 806. Procurement of supplies and services from exchange stores; raising dollar limitation.

      Sec. 807. Authorization to enter into acquisition and cross-servicing agreements with regional organizations of which the United States is not a member.

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

      Sec. 811. Defense acquisition workforce improvements.

      Sec. 812. Procurement of perishable food for establishments outside of the United States.

Subtitle C--United States Defense Industrial Base Provisions

      Sec. 821. Revision of authority to dispose of certain materials in national defense stockpile.

Subtitle D--Extension of Temporary Program Authorities

      Sec. 831. Modification of equipment within five years of its retirement or disposal.

      Sec. 832. Amendment of authority to provide logistics support and services.

Subtitle E--Other Acquisition Matters

      Sec. 841. Procurement of ball and roller bearings.

      Sec. 842. Revitalization of Department of Defense laboratories.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Intelligence-Related Matters

      Sec. 901. Operational files of the Defense Intelligence Agency.

      Sec. 902. Defense counterintelligence polygraph program.

Subtitle B--Other Matters

      Sec. 911. Operational test and evaluation; expanding the eligibility criteria for the leadership of Department of Defense Test resource management center.

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

      Sec. 1001. Repeal of requirement for separate budget request for procurement of Reserve equipment.

      Sec. 1002. Repeal of requirement for two-year budget cycle for the Department of Defense.

      Sec. 1003. Capture of all expired funds from the military personnel and operation and maintenance appropriation accounts for use in the foreign currency fluctuations account.

      Sec. 1004. Authority to use funds appropriated for active forces to support Reserve component forces notified of mobilization.

      Sec. 1005. Purchase and disposal of weapons overseas.

      Sec. 1006. Funding of Army multiple-component units.

Subtitle B--Counter-Drug Activities

      Sec. 1011. Department of Defense support for counter-drug activities.

Subtitle C--Reports

      Sec. 1021. Relief of requirement to submit annual reports to Congress regarding global strike.

      Sec. 1022. Repeal of Required reports on transfers from high-priority readiness appropriations.

Subtitle D--Defense Against Terrorism and Other Domestic Security Matters

      Sec. 1031. Testing of preparedness for emergencies involving nuclear, radiological, chemical, biological, and high-yield explosives weapons.------

Subtitle E--Personnel Security Matters

      Sec. 1041. Update of Internal Security Act of 1950.----

Subtitle F--Transportation-Related Matters

      Sec. 1051. Transportation of family members incident to the repatriation of servicemembers or civilians held captive.

      Sec. 1052. Research, development, test and evaluation for transportation related programs.

Subtitle G--Other Matters

      Sec. 1061. Pilot program for the employment, use, and status of Reserve civilian mariners.

      Sec. 1062. Deletion of obsolete definitions in titles 10 and 32, United States Code.

      Sec. 1063. Reorganization of and technical corrections to real property provisions in title 10 without substantive change and clarification of authority relating to the Pentagon Reservation.

      Sec. 1064. Technical, clerical, and conforming amendments.

      Sec. 1065. Prohibit unauthorized wearing, manufacture, or sale of civilian medals or decorations.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

      Sec. 1101. Science, mathematics, and research for transformation (SMART) defense education program.

      Sec. 1102. Increased enrollment for certain defense industry civilians in the defense product development program.

      Sec. 1103. Priority placement of displaced civilian employees.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

Subtitle A--Matters Related to Iraq, Afghanistan, and Global War on Terrorism

      Sec. 1201. Building the partnership security capacity of foreign military and security forces.

      Sec. 1202. Logistical support for foreign military forces.

      Sec. 1203. Reimbursement of Certain coalition countries for support provided to U.S. military operations.

      Sec. 1204. Security and stabilization assistance.

Subtitle B--Other Matters

      Sec. 1211. War reserves stockpile, allies, Korea: transfer of obsolete or surplus items and final termination of program.

      Sec. 1212. Department of Defense regional centers for security studies; acceptance of gifts and donations.

      Sec. 1213. Authority to Use appropriated funds for payment of all costs of attendance of foreign students under regional defense combating terrorism fellowship program.

      Sec. 1214. Humanitarian and civic assistance with respect to the detection and clearance of landmines and explosive remnants of war.

      Sec. 1215. Modification of the geographic restriction of bilateral or regional cooperation programs: payment of personnel expenses.

      Sec. 1216. Travel expenses support of coalition liaison officers.

      Sec. 1217. Humanitarian and civic assistance provided to host nations in conjunction with military operations.

      Sec. 1218. Expansion of humanitarian and civic assistance to include developing communications and information capacity.

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

      Sec. 1301. Permanent waiver of restrictions on use of funds for threat reduction in states of the former Soviet Union and elsewhere.

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.

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.

TITLE XXIII--AIR FORCE

      Sec. 2301. Authorized Air Force construction and land acquisition projects.

      Sec. 2302. Family housing.

      Sec. 2303. Improvements to military family housing units.

      Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV--DEFENSE AGENCIES

      Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

      Sec. 2402. Energy conservation projects.

      Sec. 2403. Authorization of appropriations, Defense Agencies.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

      Sec. 2501. Authorized NATO construction and land acquisition projects.

      Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

      Sec. 2701. Expiration of authorizations and amounts required to be specified by law.

      Sec. 2702. Extension of authorizations of certain fiscal year 2003 projects.

      Sec. 2703. Extension of authorizations of certain fiscal year 2002 projects.

TITLE XXVIII--GENERAL PROVISIONS

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

      Sec. 2801. Streamlining military construction to reduce facility acquisition and construction cycle time.

      Sec. 2802. Purchase of build-to-lease family housing at Eielson Air Force Base, Alaska.

      Sec. 2803. Repeal requirement to determine the availability of suitable alternative housing for acquisition in lieu of construction of new family housing.

      Sec. 2804. Improvements at Fort Buchanan for Reserve component facilities.

      Sec. 2805. Increase in number of high-cost leases for Army family housing in Korea.

Subtitle B--Real Property and Facilities Administration

      Sec. 2811. Expand authority to convey property at military installations to support military construction.

Subtitle C--Other Matters

      Sec. 2821. Streamlining real property actions to reduce cycle time.

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, $1,270,850,000.

      (3) For weapons and tracked combat vehicles, $1,660,149,000.----

      (4) For ammunition, $1,720,872,000.

      (5) For other procurement, $4,302,634,000.

SEC. 102. NAVY AND MARINE CORPS.

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

      (1) For aircraft, $10,517,126,000.---

      (2) For weapons, including missiles and torpedoes, $2,707,841,000.

      (3) For shipbuilding and conversion, $8,721,165,000.

      (4) For other procurement, $5,487,818,000.

    (b) MARINE CORPS- Funds are hereby authorized to be appropriated for fiscal year 2006 for procurement for the Marine Corps in the amount of $1,377,705,000.

    (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 Marine Corps in the amount of $872,849,000.

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, $11,973,933,000.

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

      (3) For missiles, $5,490,287,000.

      (4) For other procurement, $14,002,689,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

    Funds are hereby authorized to be appropriated for fiscal year 2006 for Defense-wide procurement in the amount of $2,677,832,000. -----

Subtitle B--Army Programs

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

    The Secretary of the Army and the Secretary of the Navy may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear contract, beginning with the fiscal year 2006 program year, for procurement of UH-60/MH-60 Helicopters.

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

    The Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear contract, beginning with the fiscal year 2006 program year, for procurement of Apache Modernized Target Acquisition Designation Sights/Pilot Night Vision Sensors.

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

    The Secretary of the Army may, in accordance with section 2306b of title 10, United States Code, enter into a multiyear contract, beginning with the fiscal year 2006 program year, for procurement of Apache Block II Conversions. ----

Subtitle C--Navy Programs

SEC. 121. REFUELING AND COMPLEX OVERHAUL OF THE USS CARL VINSON.

    (a) AMOUNT AUTHORIZED FROM THE SCN ACCOUNT- Of the amount authorized to be appropriated by section 102(a)(3) for fiscal year 2006, $1,493,563,000 is available for the commencement of the nuclear refueling and complex overhaul of the USS CARL VINSON (CVN 70). The amount available in the preceding sentence is the first increment in the incremental funding planned for the nuclear refueling and complex overhaul of that vessel.

    (b) CONTRACT AUTHORITY- The Secretary of the Navy may enter into a contract during fiscal year 2006 for the nuclear refueling and complex overhaul of the USS CARL VINSON.

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

SEC. 122. CONSTRUCTION OF THE LHA REPLACEMENT SHIP.

    (a) AMOUNT AUTHORIZED FROM THE SCN ACCOUNT- Of the amount authorized to be appropriated by section 102(a)(3) for fiscal year 2006, $150,000,000 is available for the design, advance procurement and advance construction of the LHA Replacement (LHA(R)) ship. Construction of the LHA(R) ship is anticipated during fiscal year 2007 and may proceed utilizing funding appropriated in fiscal years 2007 and 2008.

    (b) CONTRACT AUTHORITY- The Secretary of the Navy may enter into a contract during fiscal year 2006 for the design, advance procurement and advance construction of the LHA(R) ship. The Secretary of the Navy may enter into a contract during fiscal year 2007 for the detail design and construction of the LHA(R) ship.

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

SEC. 123. USE OF FUNDS FROM THE NATIONAL DEFENSE SEALIFT FUND TO EXERCISE PURCHASE OPTIONS ON MARITIME PREPOSITIONING SHIPS.

    Notwithstanding the provisions of subsection (f)(1) of section 2218 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 under contracts to purchase any or all Maritime Prepositioning Ship vessels currently under charter to the Navy.

Subtitle D--Air Force Programs

SEC. 131. CIVIL RESERVE AIR FLEET EXPANSION.

    (a) EXPANSION OF THE CIVIL RESERVE AIR FLEET- Chapter 931 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 9515. Civil Reserve Air Fleet expansion using military aircraft

    `(a) SALE OR TRADE OF USED MILITARY AIRCRAFT TO ENHANCE THE CIVIL RESERVE AIR FLEET- (1) Notwithstanding subchapter II of chapter 10 of title 40, if the associated business case is certified by the Secretary of Defense and the Director, Office of Management and Budget, the Secretary of the Air Force may sell or trade military aircraft and aircraft parts previously procured by the Department of Defense to a citizen of the United States, including the original manufacturer, for the purpose of expanding the capacity and usefulness of the Civil Reserve Air Fleet.

    `(2) Notwithstanding section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071), aircraft sold under paragraph (1) and operated by a citizen of the United States shall be committed to the Civil Reserve Air Fleet for use by the Department of Defense as needed during activation of the Civil Reserve Air Fleet unless the aircraft is released from that use by the Secretary of Defense.

    `(b) PROCEEDS FROM SALE OR TRADE- The Secretary of the Air Force may apply the proceeds associated with the sale under subsection (a) in whole or in part toward the aircraft procurement account associated with mobility aircraft. Proceeds associated with a trade under subsection (a) may be credited against the full funding budget year associated with the

procurement contract for the replacement aircraft or aircraft parts, independent of the delivery date of the traded aircraft. Proceeds shall only be applied to programs authorized under law.

    `(c) Aircraft Type Certification- (1) Aircraft that were--

      `(A) designed and constructed in the United States;

      `(B) accepted for operational use by an armed force of the United States; and

      `(C) sold under subsection (a), without being declared surplus, for use as civil aircraft,

    meet the eligibility requirements for Type Certification in accordance with section 21.27(a) of title 14, Code of Federal Regulations.

    `(2) With respect to an aircraft sold under the authority of subsection (a), nothing in this section may be construed to waive any requirement for the purchaser to obtain a certificate from the Federal Aviation Administrator to operate the aircraft.

    `(d) ADDITIONAL CONDITIONS- (1) The Secretary of the Air Force shall establish a fair and reasonable value for aircraft sold under subsection (a). The Secretary may establish terms and conditions as the Secretary considers appropriate to protect the interests of the United States.

    `(2) With respect to an aircraft sold under the authority of subsection (a), nothing in this section may be construed to waive any requirement for the purchaser to obtain an export license in accordance with sections 38-40 of the Arms Export Control Act (22 U.S.C. 2778, 2779-2780).'.

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

      `9515. Civil Reserve Air Fleet expansion using military aircraft.'.

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

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, $9,733,824,000.

      (2) For the Navy, $18,037,991,000.

      (3) For the Air Force, $22,612,351,000.

      (4) For Defense-wide activities, $18,971,874,000, of which $168,458,000 is authorized for the Director of Operational Test and Evaluation.

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, $25,316,595,000.

      (2) For the Navy, $30,759,889,000.

      (3) For the Marine Corps, $3,804,926,000.

      (4) For the Air Force, $31,521,136,000.

      (5) For the Defense-wide activities, $18,453,469,000.

      (6) For the Army Reserve, $1,987,382,000.

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

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

      (9) For the Air Force Reserve, $2,501,686,000.

      (10) For the Army National Guard, $4,509,719,000.

      (11) For the Air National Guard, $4,724,091,000.

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

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

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

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

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

      (17) For Environmental Restoration, Formerly Used Defense Sites, $221,921,000.

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

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

      (20) For 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, $1,648,504,000.

SEC. 303. 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.

SEC. 304. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

    (a) DEFENSE HEALTH PROGRAM- Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2006 for expenses, not otherwise provided for, for the Defense Health Program, in the amount of $19,791,612,000, of which--

      (1) $19,247,137,000 is for Operation and Maintenance;

      (2) $169,156,000 is for Research, Development, Test, and Evaluation; and

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

    (b) CHEMICAL AGENTS AND MUNITIONS DESTRUCTION- (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, $1,405,827,000, of which--

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

      (B) $47,786,000 is for Research, Development, Test, and Evaluation; and

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

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

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

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

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

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

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

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

Subtitle B--Environmental Provisions

SEC. 311. PAYMENT OF CERTAIN PRIVATE CLEANUP COSTS IN CONNECTION WITH THE DEFENSE ENVIRONMENTAL RESTORATION PROGRAM.

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

      (1) in paragraph (1), by striking `tribe,' both places it appears and inserting `tribe, owner of covenant property,';

      (2) in paragraph (3)--

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

        (B) by adding 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.'; and

      (3) in paragraph (4), by adding at the end the following new subparagraph:

        `(C) The term `owner of covenant property' means an owner of property subject to a covenant provided by the United States in accordance with the requirements of section 120(h)(3) and (4) of CERCLA (42 U.S.C. 9620(h)(3) and (4)): Provided, however, That the covenant property is also the site of the services to be performed.'.

    (b) SOURCE OF FUNDS FOR FORMER BRAC PROPERTY SUBJECT TO COVENANT FOR ADDITIONAL REMEDIAL ACTION- Section 2703 of such title is amended--

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

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

    `(h) SOLE SOURCE OF FUNDS FOR ENVIRONMENTAL REMEDIATION AT CERTAIN BASE REALIGNMENT AND CLOSURE SITES- In the case of property disposed of pursuant to a base closure law and subject to a covenant described in section 2701(d)(4)(C) of this title, the sole source of funds for services under subsection 2701(d)(1) shall be the base closure account established under the applicable base closure law.'.

SEC. 312. THE ENVIRONMENTAL QUALITY ANNUAL REPORT.

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

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

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

        `(D) A statement of the amounts expended, and anticipated to be expended, during the period covered by the report for any activities overseas related to the environment, including amounts for activities relating to environmental remediation, compliance, conservation, and pollution prevention.'.

Subtitle C--Workplace and Depot Issues

SEC. 321. 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 inserting `(a)' after `SEC. 5.'; and

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

      `(b) Notwithstanding the provisions of subsection (a), all sums received by 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 merged.'.

SEC. 322. EXCEPTIONS TO PROHIBITION ON CONTRACTS FOR PERFORMANCE OF FIREFIGHTING OR SECURITY-GUARD FUNCTIONS.

    Section 2465(b) of title 10, United States Code, is amended by adding at the end the following new paragraphs:

      `(5) A contract for the performance of security-guard functions that the Secretary of Defense determines are, or otherwise would be, performed by members of the armed forces.

      `(6) A contract to be carried out at a closed military installation or facility.'.

SEC. 323. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

    (a) AUTHORITY- Funds described 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- Subsection (a) applies to funds appropriated for fiscal year 2006 or fiscal year 2007 for research, development, test, and evaluation for the Missile Defense Agency.

SEC. 324. EXPANSION OF FIRE PROTECTION SERVICES UNDER RECIPROCAL AGREEMENTS.

    Section (b) of the Act of May 27, 1955 (chapter 105; 69 Stat. 66; 42 U.S.C. 1856(b)), is amended by inserting after `and fire fighting' the following: `as well as emergency services including, but not limited to, 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'.

Subtitle D--Other Matters

SEC. 331. TERMINATION OF THE NATIONAL SECURITY EDUCATION TRUST FUND.

    (a) TERMINATION OF FUND- Not later than 90 days after the date of enactment of this Act, the Secretary of Defense shall--

      -(1) close the National Security Education Trust Fund established under section 804 of the David L. Boren National Security Education Act of 1991 (Public Law 102-183; 50 U.S.C. 1904); and

      (2) transfer the amounts in the closed fund to the currently available appropriation for the Department of Defense under the heading `Operation and Maintenance--Defense Wide' for use as specified in section 805(d) of such Act (50 U.S.C. 1905(d)) (as amended by subsection (b)(2) of this section).

    (b) CONFORMING AMENDMENTS AND REPEALS- Title VIII of such Public Law 102-183 is amended--

      (1) in section 802(2) (50 U.S.C. 1902(a)(2)), by striking `for obligation out of the National Security Education Trust Fund'; --

      (2) by amending section 805(d) (50 U.S.C. 1905(d)) to read as follows: -

    `(d) NECESSARY EXPENDITURES- Expenditures necessary for awarding scholarships, fellowships, and grants in accordance with the provisions of this title and for properly allocable costs of the Federal Government for the administration of the program under this title shall be paid from funds available for the Operation and Maintenance of the Department of Defense.';

      (3) in section 808 (50 U.S.C. 1908), by striking clause (2); and --

      (4) by repealing sections 809 and 810 (50 U.S.C. 1909 and 1910). ---

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, 482,400.

      (2) The Navy, 352,700.

      (3) The Marine Corps, 175,000.

      (4) The Air Force, 357,400.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) IN GENERAL- The Armed Forces are authorized strengths for Selected Reserve personnel of the reserve components as of September 30, 2006, as follows:

      (1) The Army National Guard of the United States, 350,000. --

      (2) The Army Reserve, 205,000. --

      (3) The Naval Reserve, 73,100.

      (4) The Marine Corps Reserve, 39,600. --

      (5) The Air National Guard of the United States, 106,800. --

      (6) The Air Force Reserve, 74,000. --

      (7) The Coast Guard Reserve, 10,000.

    (b) ADJUSTMENTS- The end strengths prescribed by subsection (a) for the Selected Reserve of any reserve component shall be proportionately reduced by--

      (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at the end of the fiscal year; and -

      (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at the end of the fiscal year.

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

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

    Within the end strengths prescribed in section 411(a), the reserve components of the Armed Forces are authorized, as of September 30, 2006, the following number of Reserves to be serving on full-time active duty or full-time duty, in the case of members of the National Guard, for the purpose of organizing, administering, recruiting, instructing, or training the reserve components:

      (1) The Army National Guard of the United States, 27,345. --

      (2) The Army Reserve, 15,270. --

      (3) The Naval Reserve, 13,392. --

      (4) The Marine Corps Reserve, 2,261. --

      (5) The Air National Guard of the United States, 13,089. --

      (6) The Air Force Reserve, 2,290.

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

    The minimum number of military technicians (dual status) as of the last day of fiscal year 2006 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following: --

      (1) For the Army Reserve, 7,649. --

      (2) For the Army National Guard of the United States, 25,563. --

      (3) For the Air Force Reserve, 9,852. --

      (4) For the Air National Guard of the United States, 22,971.

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

    (a) LIMITATIONS- (1) 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 that term in section 10217(a) of title 10, United States Code. ----

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

SEC. 501. ELIMINATION OF FROCKING FOR OFFICERS ABOVE THE GRADE OF -MAJOR GENERAL OR REAR ADMIRAL.

    (a) PROHIBITION AGAINST FROCKING- Section 777(a) of title 10, United States Code, is amended--

      (1) by striking `AUTHORITY- An officer' and inserting `AUTHORITY- (1) Except as provided in paragraph (2), an officer'; and

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

      `(2) No officer may be frocked to a grade above the grade of major general or, in the case of an officer of the Navy, rear admiral.'.

    (b) OFFICERS EXCLUDED FROM GRADE DISTRIBUTION CALCULATIONS- Section 525(d) of such title is amended to read as follows:

    `(d) An officer continuing to hold the grade of general, admiral, lieutenant general, or vice admiral under paragraph (2), (3), or (4) of section 601(b) shall not be counted for purposes of this section.'.

    (c) APPOINTMENTS TO POSITIONS OF IMPORTANCE AND RESPONSIBILITY- Section 601 of such title is amended--

      (1) in subsection (a), by inserting after the third sentence the following new sentence: `An officer assigned to a position of importance and responsibility under this section shall be promoted to the grade specified for that position on the date he begins serving in that position.';

      (2) in subsection (b), by inserting before the semicolon at the end of paragraph (2) the following: `, except that the period authorized for transition to the second position may not exceed 30 days unless a longer period is required by military necessity as determined by the Secretary of Defense or his designee after consultation with the Chairman or Vice Chairman of the Joint Chiefs of Staff'; and

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

    `(e) If the Secretary of Defense approves a transition period of more than 30 days under subsection (b)(2), the Secretary shall notify the Committee on Armed Services of the Senate and

the Committee on Armed Services of the House of Representatives of his decision at the same time that he notifies the Secretary concerned. If a transition period exceeds 30 days without the approval of the Secretary of Defense or his designee, the officer moving to a new position shall revert to his permanent grade effective on the thirty-first day after leaving a position designated under subsection (a).'.

SEC. 502. AUTHORIZED STRENGTH: GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.

    Section 526(b)(2)(A) of title 10, United States Code, is amended to read as follows: -

    `(A) The Chairman of the Joint Chiefs of Staff may designate up to 11 general and flag officer positions on the staffs of the commanders of the combatant commands, and the Joint Staff, as positions to be held only by reserve component officers who are in a general or flag officer grade below lieutenant general or vice admiral. Each position so designated shall be considered to be a joint duty assignment position for purposes of chapter 38 of this title.'. --

Subtitle B--Reserve Component Personnel Matters

SEC. 511. ELIMINATE LIMITATION ON AMOUNT OF ROTC SCHOLARSHIP FINANCIAL ASSISTANCE.

    (a) IN GENERAL- Section 2107(c) of title 10, United States Code, is amended-- ---

      (1) by striking paragraph (4); and ---

      (2) in paragraph (5)(B), by striking `, (3), or (4)' and inserting `or (3)'.

    (b) ARMY RESERVE OR ARMY NATIONAL GUARD- Section 2107a(c) of such title is amended by striking paragraph (3).

SEC. 512. MODIFICATIONS TO RESERVE EDUCATIONAL BENEFIT FOR CERTAIN ACTIVE SERVICE.

    (a) ELIGIBILITY CRITERIA- Section 16163(a) of title 10, United States Code, is amended by striking `On or after September 11, 2001, a member of a reserve component' and inserting `A member of a reserve component who commenced active service described in paragraphs (1) or (2) on or after September 11, 2001'.

    (b) ELECTION OF BENEFIT- Subsection (e) of such section is amended by striking `Secretary concerned' and inserting `Secretary of Veterans Affairs'.

    (c) EXCEPTION TO IMMEDIATE TERMINATION OF ASSISTANCE- Section 16165 of such title is amended--

      (1) by striking `Educational assistance' and inserting `(a) Except as provided in subsection (b), educational assistance'; and

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

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

SEC. 513. REVISION OF BONUS FOR ENLISTED MEMBERS TO SERVE IN THE SELECTED RESERVE.

    (a) IN GENERAL- 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) BONUS AUTHORIZATION- Under regulations prescribed by the Secretary of Defense, the Secretary concerned may pay--

      `(1) an affiliation bonus to an enlisted member of an armed force who has completed fewer than 20 total years of military service and executes a written agreement to serve in the Selected Reserve of a reserve component 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; and

      `(2) an accession bonus to a person who has not previously served in the armed forces and who executes a written agreement to serve as an enlisted member in the Selected Reserve of a reserve component for a period of not less than three years, upon acceptance of the agreement by the Secretary concerned.

    `(b) DESIGNATION OF CRITICAL SHORTAGES- The Secretary concerned shall designate the critical skills, units and pay grade shortages for the purposes of subsection (a)(1).

    `(c) LIMITATION ON AMOUNT OF BONUS- The amount of a bonus under subsection (a) may not exceed $10,000.

    `(d) 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 in a lump sum or in installments. -

    `(e) REPAYMENT FOR FAILURE TO COMMENCE OR COMPLETE OBLIGATED SERVICE- (1) An individual who, after receiving all or part of the bonus under an agreement 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 shall repay to the United States such compensation or benefit, except under conditions established by the Secretary concerned.

    `(2) The Secretary concerned shall set forth whether repayment is required in whole or in part, the method for computing the amount of the repayment, and the conditions under which an exception to the 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) does not discharge the individual signing the agreement from a debt arising under such agreement or under paragraph (1).

    `(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) TERMINATION OF BONUS AUTHORITY- No bonus may be paid under this section with respect to any agreement, reenlistment, or voluntary extension of an enlistment, in the armed forces entered into after December 31, 2006.'.

    (b) CLERICAL AND CONFORMING AMENDMENTS- (1) Section 308e of such title is repealed.

    (2) The table of sections at the beginning of chapter 5 of such title is amended--

      (A) 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.

SEC. 514. RETENTION INCENTIVE FOR MEMBERS OF THE SELECTED RESERVE QUALIFIED IN A CRITICAL MILITARY SKILL OR UNIT.

    (a) BONUS AUTHORITY- 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 for members of the Selected Reserve qualified in a critical military skill or unit

    `(a) RETENTION BONUS AUTHORIZED- An eligible officer or enlisted member of the armed forces may be paid a retention bonus as provided in this section if--

      `(1) in the case of an officer or warrant officer, the member executes a written agreement to remain in the Selected Reserve for at least two years; -

      `(2) in the case of an enlisted member, the member reenlists or voluntarily extends the member's enlistment in the Selected Reserve for a period of at least two years; or

      `(3) in the case of an enlisted member serving on an indefinite reenlistment, the member executes a written agreement to remain in the Selected Reserve for at least two years.

    `(b) ELIGIBILITY REQUIREMENTS- An officer or enlisted member is eligible for a retention bonus under this section if the member--

      `(1) is qualified in a designated critical military skill or unit; or --

      `(2) agrees to train or retrain in a specialty skill designated as critical.

    `(c) DESIGNATION OF CRITICAL SHORTAGES- The Secretary of Defense, or the Secretary

of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall designate the critical skills and units for the purposes of subsection (b).

    `(d) CERTAIN MEMBERS INELIGIBLE- A retention bonus may not be provided 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) PAYMENT METHODS- (1) A bonus under this section may be paid in a single lump sum or in periodic installments.

    (2) In the case of a member who agrees to train or retrain in a specialty skill 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 the skill.

    `(f) 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.

    `(g) RELATIONSHIP TO OTHER INCENTIVES- A retention bonus paid under this section is in addition to any other pay and allowances to which a member is entitled.

    `(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 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 shall repay to the United States such compensation or benefit, except under conditions established by the Secretary concerned.

    `(2) The Secretary concerned shall set forth whether repayment is required in whole or in part, the method for computing the amount of the repayment, and the conditions under which an exception to the 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) does not discharge the individual signing the agreement from a debt arising under such agreement or under paragraph (1).

    `(i) REGULATIONS- This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction and by the Secretary of Homeland Security for the Coast Guard when it is not operating as a service in the Navy.

    `(j) TERMINATION OF BONUS AUTHORITY- No bonus may be paid under this section with respect to any agreement, reenlistment, or voluntary extension of an enlistment in the armed forces entered into after December 31, 2006, and no agreement under this section may be entered into after that date.'.

    (b) CONFORMING AND CLERICAL AMENDMENTS- (1) Sections 308d and 308h of such title are repealed.

    (2) The table of sections at the beginning of chapter 5 of such title is amended--

      (A) by striking the items relating to sections 308d and 308h; and

      (B) by inserting after the item relating to section 308j the following new item:

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

SEC. 515. UNIFORM AUTHORITY FOR RESERVE GENERAL OFFICER AGE DEFERMENTS.

    (a) IN GENERAL- Section 14512 of title 10, United States Code, is amended--

      (1) by striking paragraph (a); and

      (2) in paragraph (b)--

        (A) by striking `(b) NAVY AND MARINE CORPS- ';

        (B) by striking `Secretary of the Navy' and inserting `Secretary concerned';

        (C) by striking `Marine Corps' in the first sentence and inserting `Marine Corps, Army or Air Force'; and

        (D) by amending the second sentence to read as follows: `The Secretary concerned may not defer more than 10 officers at any one time.'.

    (b) CLERICAL AMENDMENTS- (1) The heading of such section is amended to read as follows:

`Sec. 14512. Separation at age 64'.

    (2) 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. 516. EXPANDED USE OF RESERVE COMPONENT MEMBERS TO PERFORM DEVELOPMENTAL AND OPERATIONAL TESTING AND NEW EQUIPMENT TRAINING.

    (a) REIMBURSEMENT- The Secretary of the Army may transfer from funds available to support an acquisition program in the amount necessary to reimburse the appropriate reserve component military personnel account for costs charged to that account for military pay and allowances in connection with the demonstration program described in subsection (b).

    (b) DEMONSTRATION PROGRAM- (1) A demonstration program under this section shall evaluate--

      (A) cost savings and other benefits that may result from the use of members of the reserve components to perform test, evaluation, and related activities for an acquisition program, rather than the use of contractor personnel for such purposes; and

      (B) the use of appropriations available for multi-year research, development, testing and evaluation and procurement to reimburse reserve components for the pay, allowances, and expenses incurred when such members perform duties to conduct acquisition, logistics, and new equipment training activities in connection with the demonstration program.

    (2) Nothing in this section authorizes a deviation from established Reserve and National Guard personnel and training procedures.

    (c) LIMITATION ON AMOUNT- Not more than $10,000,000 may be transferred under this section during each year of the demonstration program.

    (d) MERGER OF TRANSFERRED FUNDS- Funds transferred to an account under this section shall be merged with other sums in the account and shall be available for the same period and purposes as the sums with which merged.

    (e) RELATIONSHIP TO OTHER TRANSFER AUTHORITY- The transfer authority under this section is in addition to any other transfer authority.

    (f) TERMINATION- The demonstration program under this section shall terminate on September 30, 2010.

Subtitle C--Joint Officer Management and Professional Military Education

SEC. 521. NEW MISSION STATEMENT AND EXPANDED ELIGIBILITY FOR ENLISTED PERSONNEL AT THE NAVAL POSTGRADUATE SCHOOL.

    (a) COMBAT RELATED FOCUS OF THE NAVAL POSTGRADUATE SCHOOL- (1) Section 7041 of title 10, United States Code, is amended to read as follows:

Sec. 7041. Function

    `There is a United States Naval Postgraduate School that provides advanced instruction, and technical and professional education to commissioned officers of the naval service to enhance combat effectiveness and our national security.'.

    (2) Paragraph (1) of section 7042(b) of such title is amended by striking `advanced instruction and technical education' and inserting `advanced instruction, and technical and professional education'.

    (b) EXPANDED ELIGIBILITY FOR ENLISTED PERSONNEL- Paragraph (2) of section 7045(a) of such title is amended--

      (1) by redesignating subparagraph (C) as subparagraph (D);

      (2) 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 their duties.'; and

      (3) in subparagraph (D), as redesignated by paragraph (1), by striking `(A) and (B)' and inserting `(A) through (C)'.

    (c) REIMBURSEMENT OF COSTS- Paragraph (2) of section 7045(b) of such title is amended by striking `(a)(2)(C)' and inserting `(a)(2)(D)'.

    (d) GRADUATE DEGREE PILOT PROGRAM- (1) Chapter 605 of such title is amended by adding at the end the following new section:

`Sec. 7050. Graduate degree pilot program for enlisted members

    `(a) ESTABLISHMENT OF PROGRAM- The Secretary of the Navy may establish a pilot program to assess whether graduate degrees can increase the proficiency of enlisted members in selected operational, staff and headquarters level positions.

    `(b) ADMISSION- The Secretary may permit eligible enlisted members to receive graduate level instruction at the Naval Postgraduate School on a space-available basis in programs leading to a master's degree in technical, analytical, and engineering curricula.

    `(c) ELIGIBILITY- (1) No more than ten eligible enlisted members may be admitted under this program in an academic year.

    `(2) To be eligible for instruction under this section, the enlisted member must have been awarded a baccalaureate degree by an institution of higher education.

    `(d) AWARD OF A MASTER'S DEGREE- Upon successful completion of the course of instruction in which the enlisted member was enrolled, the member may be awarded a master's degree under section 7048 of this title.

    `(e) EVALUATION OF PROGRAM- Before the start of the seventh academic year of instruction, the Secretary shall evaluate the effectiveness of the program.

    `(f) EXPIRATION DATE- No new participants may be enrolled in this program after the conclusion of the seventh academic year of instruction.'.

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

      `7050. Graduate degree pilot program for enlisted members.'.

Subtitle D--Military Service Academies

SEC. 531. PAY INCREASE FOR 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 striking `at the United States Military Academy or the United States Air Force Academy' and inserting `at the United States Military Academy, the United States Air Force Academy or the United States Naval Academy,'.

SEC. 532. AUTHORITY TO RETAIN PERMANENT PROFESSORS AT THE NAVAL ACADEMY FOR MORE THAN THIRTY YEARS.

    (a) WAIVER OF TIME LIMITS- Paragraph (2) of section 641 of title 10, United States Code, is amended to read as follows:

    `(2) The director of admissions, dean, and permanent professors at the United States Military Academy; the registrar, dean, and permanent professors at the United States Air Force Academy; and, for the purposes of sections 633 and 634 only, permanent professors at the United States Naval Academy.'.

    (b) RETENTION OF PERMANENT PROFESSORS BEYOND THIRTY YEARS- (1) Chapter 603 of such title is amended by adding at the end the following new section:

`Sec. 6979. Retention of permanent professors at the United States Naval Academy.

    `(a) RETIREMENT FOR YEARS OF SERVICE- (1) Except as provided in subsection (b), an officer serving as a permanent 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 he completes 28 years of active commissioned service.

    `(2) Except as provided in subsection (b), an officer serving as a permanent 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 he 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--

      `(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 under this section.

    `(c) ELIGIBILITY FOR PROMOTION- A permanent professor at the Naval Academy who has been retained on active duty as a permanent professor after more than 28 years of active commissioned service in the grade of commander remains eligible for consideration for promotion to the grade of captain.'.

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

      `6979. Retention of permanent professors at the United States Naval Academy.'.

Subtitle E--Other Education and Training Matters

SEC. 541. INCREASE ROTC SCHOLARSHIP LIMIT.

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

SEC. 542. CLARIFICATION OF RESTRICTION ON COMPENSATION FOR CORRESPONDENCE COURSES.

    Paragraph (1) of section 206(d) of title 37, United States Code, is amended by inserting `a member of the National Guard or' after `performed by'.

Subtitle F--Military Justice Matters

SEC. 551. ADMINISTRATIVE SESSIONS OF COURTS-MARTIAL.

    Section 839(a) of title 10, United States Code (article 39 of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: `If permitted by regulations of the Secretary concerned, and if the accused has a counsel physically present at his location, these proceedings may be conducted by the use of video-teleconferencing or similar technology.'.

SEC. 552. UNLIMITED PERIOD FOR PROSECUTION OF MURDER AND RAPE; EXTENDED PERIOD FOR PROSECUTION OF CHILD ABUSE CASES IN COURTS-MARTIAL.

    Section 843 of title 10, United States Code (article 43 of the Uniform Code of Military Justice), is amended-- --

      (1) in subsection (a), by inserting `, murder, rape' after `in a time of war'; and --

      (2) in subsection (b)(2)-- -

        (A) in subparagraph (A), by striking `before the child attains the age of 25 years' and inserting `during the life of the victim or within five years from the date of the offense, whichever is greater,';

        (B) in subparagraph (B)-- ----

          (i) by striking `sexual or physical';

          (ii) in clause (i), by striking `Rape or carnal' and inserting `Carnal'; and -

          (iii) in clause (v), by striking `Indecent assault,' and inserting `Kidnapping; indecent assault;'; and

        (C) by adding at the end the following new subparagraph: -

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

SEC. 553. AMENDING OFFENSE OF RAPE UNDER THE UNIFORM CODE OF MILITARY JUSTICE; ELIMINATION OF MISTAKE OF AGE DEFENSE IN CARNAL KNOWLEDGE OF CHILD CASES.

    (a) RAPE- Section 920(a) of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended by striking `, by force and without consent,' and inserting `by force'.

    (b) MISTAKE OF AGE DEFENSE- Section 920 of such title is further amended by striking subsection (d).

    (c) EFFECTIVE DATE- The amendments made by this section shall take effect 12 months after the date of the enactment of this Act and apply with respect to offenses committed after such effective date.

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

    (a) IN GENERAL- (1) Subchapter X of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), is amended by inserting after section 893 (article 93) the following new section:

`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. -

    `(b) Any person found guilty of stalking shall be punished as a court-martial may direct. -

    `(c) For purposes of this section: --

      `(1) The term `course of conduct' means repeatedly maintaining a visual or physical proximity to a specific person, or repeatedly conveying verbal or written threats, or threats implied by conduct or a combination thereof directed at or toward a specific person. --

      `(2) The term `repeatedly' means on two or more occasions. -

      `(3) The term `immediate family' means a spouse, parent, child, sibling, or any other family member or relative who regularly resides in the household or who within the prior six months regularly resided in the household.'. -

    (2) The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 893 the following new item:

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

    (b) EFFECTIVE DATE- The amendments made by this section shall take effect 12 months after the date of the enactment of this Act and apply with respect to offenses committed after such effective date.

SEC. 555. AMENDING OFFENSE OF SODOMY UNDER THE UNIFORM CODE OF MILITARY JUSTICE. -

    (a) FORCIBLE SODOMY AND SODOMY OF A CHILD- (1) Section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice), is amended to read as follows:

`Sec. 925. Art. 125. Forcible sodomy and sodomy of a child

    `(a) Any person subject to this chapter who engages in unnatural carnal copulation by force with another person is guilty of forcible sodomy. Any person found guilty of forcible sodomy shall be punished as a court-martial may direct. -

    `(b) Any person subject to this chapter who, under circumstances not amounting to forcible sodomy, commits an act of unnatural carnal copulation with a person--

      `(1) who is not his or her spouse; and ---

      `(2) who has not attained the age of sixteen years;

    is guilty of sodomy of a child and shall be punished as a court-martial may direct.

    `(c) Penetration, however slight, is sufficient to complete either of these offenses.'. -

    (2) The table of sections at the beginning of subchapter X of chapter 47 of such title is amended by striking the item relating to section 925 and inserting the following new item:

      `925. Art. 125. Forcible sodomy and sodomy of a child.'.

    (b) EFFECTIVE DATE- The amendments made by this section shall take effect 12 months after the date of the enactment of this Act and apply with respect to offenses committed after such effective date.

Subtitle G--Management and Administrative Matters

SEC. 561. CLARIFICATION OF AUTHORITY OF MILITARY LEGAL ASSISTANCE COUNSEL TO PROVIDE MILITARY LEGAL ASSISTANCE WITHOUT REGARD TO LICENSING REQUIREMENTS.

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

    `(e)(1) Notwithstanding any law regarding the licensure of attorneys, a judge advocate or civilian attorney who is authorized to provide military legal assistance is authorized to provide that assistance in any jurisdiction, subject to such regulations as may be prescribed by the Secretary concerned.

    `(2) In this subsection, the term `military legal assistance' includes--

      `(A) legal assistance provided under this section; and

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

Subtitle H--Other Matters

SEC. 571. UNIFORM ENLISTMENT PRACTICES OF THE ARMED FORCES.

    (a) REPEAL OF EXISTING LAW- Sections 3253 and 8253 of title 10, United States Code, are repealed.

    (b) UNIFORM PROHIBITION- Section 504 of such title is amended--

      (1) by inserting `(a)' at the beginning of the text; and -

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

    `(b) No person may be enlisted in any armed force unless he is a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)), an alien who is lawfully admitted for permanent residence as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)), or a person described in section 341 of the Compact of Free Association with the Federated States of Micronesia, the Republic of the Marshall Islands, or Palau (section 201(a) of Public Law 108-188 (117 Stat. 2784, 48 U.S.C. 1921 note), section 201(b) of Public Law 108-188 (117 Stat. 2823, 48 U.S.C. 1921 note), and section 201 of Public Law 99-658 (100 Stat. 3678, 48 U.S.C. 1681 note),

respectively). However, the Secretary concerned may authorize exceptions when the Secretary determines that such enlistment is vital to the national interest.'.

SEC. 572. INCREASE IN PERCENTAGE LIMITS ON REDUCTION OF TIME IN GRADE REQUIREMENTS FOR RETENTION OF GRADE UPON VOLUNTARY RETIREMENT.

    Section 1370(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: -

    `(F) Notwithstanding subparagraph (E), and during the period beginning on October 1, 2005, and ending on September 30, 2010, the number of active-duty lieutenant colonels or (in the case of the Navy) commanders in one of the armed forces for whom a service-in-grade reduction is made under this section in any fiscal year may not exceed four percent of the authorized active-duty strength for that fiscal year for officers of that armed force in that grade, and the number of active-duty colonels or (in the case of the Navy) captains in one of the armed forces for whom a service-in-grade reduction is made under this section in any fiscal year may not exceed four percent of the authorized active-duty strength for that fiscal year for officers of that armed force in that grade.'.

SEC. 573. CONSOLIDATING FROCKING LIMITS.

    Section 777(d) of title 10, United States Code, is amended--

      (1) by striking paragraphs (1) and (2) and inserting the following new paragraph (1):

      `(1) The total number of brigadier generals, rear admirals (lower half), major generals and rear admirals on the active-duty list who are authorized as described in subsection (a) to wear the insignia for the grade of brigadier general, rear admiral (lower half), major general or rear admiral, as the case may be, may not exceed 85.'; and --

      (2) by redesignating paragraph (3) as paragraph (2).

SEC. 574. RECEIPT OF STATUTORY SELECTION BOARD CORRESPONDENCE.

    (a) OFFICERS ON THE ACTIVE-DUTY LIST- Section 614(b) of title 10, United States Code, is amended by inserting `11:59 PM on the date prior to' after `not later than'. -

    (b) OFFICERS ON THE RESERVE ACTIVE-STATUS LIST- Section 14106 of such title is amended by inserting `11:59 PM on the date prior to' after `not later than'.

SEC. 575. MILITARY PERSONNEL DEMONSTRATION PROJECTS. -

    (a) IN GENERAL- Chapter 3 of title 10, United States Code, is amended by inserting after section 129c the following new section:

`Sec. 129d. Military personnel demonstration projects -

    `(a) AUTHORITY- As provided in this section, the Secretary of Defense, in consultation with the Director of the Office of Management and Budget, may conduct and evaluate demonstration projects regarding foreign area officers, surface warfare officers and the special operation forces within the military personnel system. Subject to the provisions of this section, this authority shall not be limited by any lack of specific authority under this title or title 37 to take the action contemplated, or by any provision of this title, title 37 or any rule or regulation prescribed under those titles which is inconsistent with the action, including any law or regulation relating to the methods of--

      `(1) establishing qualification requirements for, recruitment for, and appointment to positions;

      `(2) determining requirements and compensating personnel;

      `(3) assigning, reassigning, separating or promoting personnel; -

      `(4) providing incentives to personnel, including the provision of group or individual incentive bonuses or pay;

      `(5) involving military members in personnel decisions; and --

      `(6) reducing requirements. -

    `(b) PLANS- Before conducting or entering into any agreement or contract to conduct a demonstration project, the Secretary shall-- -

      `(1) develop a plan for such project which describes its purpose, the personnel groups to be covered, the project itself, its anticipated outcomes and the method of evaluating the project; -

      `(2) at least 30 days in advance of the date a project is to take effect, provide notification of the proposed project-- ---

        `(A) to personnel who are likely to be affected by the project; and ---

        `(B) to each House of the Congress; and --

      `(3) provide each House of the Congress with the final version of the plan and a summary of the results of each project. -

    `(c) WAIVER- No demonstration project under this section may provide for a waiver of this title or title 37 except with the approval of the Secretary.

    `(d) LIMITATIONS- (1) Each demonstration project shall-- --

      `(A) involve not more than 2,000 individuals other than individuals in any control groups necessary to validate the results of the project; and --

      `(B) terminate before the end of the 5-year period beginning on the date on which the project takes effect, except that the project may continue beyond the date to the extent necessary to validate the results of the project.

    `(2) Not more than 4 active demonstration projects may be in effect at any time.'. -

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

      `129d. Military personnel demonstration projects.'.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

SEC. 601. PERMANENT AUTHORITY FOR THE SUPPLEMENTAL SUBSISTENCE ALLOWANCE FOR LOW-INCOME MEMBERS WITH DEPENDENTS.

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

SEC. 602. REPEAL OF BASIC ALLOWANCE FOR HOUSING DIFFERENTIAL.

    (a) MEMBERS PAYING CHILD SUPPORT- Section 403 of title 37, United States Code, is amended by striking subsection (m).

    (b) DEFINITION OF DEPENDENT- Section 403 is further amended--

      (1) by redesignating subsections (n) and (o) as subsections (m) and (n), respectively; and -

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

    `(o) DEPENDENT DEFINED- For purposes of this section, the term `dependent', with respect to a member of a uniformed service, means the following persons: --

      `(1) The spouse of the member.

      `(2) An unmarried child of the member who--

        `(A) resides with the member unless separated--

          `(i) by the necessity of military service;

          `(ii) to receive institutional care as a result of disability or incapacitation; or -

          `(iii) under such other circumstances as the Secretary concerned may prescribe; and

        `(B) is under 21 years of age; -

        `(C) is incapable of self-support because of mental or physical incapacity and is in fact dependent on the member for more than one-half of the child's support; or -

        `(D) is under 23 years of age, is enrolled in a full-time course of study in an institution of higher education approved by the Secretary concerned for purposes of this clause, and is in fact dependent on the member for more than one-half of the child's support.

      `(3) A parent of the member if-- -

        `(A) the parent is in fact dependent on the member for more than one-half of the parent's support; -

        `(B) the parent has been so dependent for a period prescribed by the Secretary concerned or became so dependent due to a change of circumstances arising after the member entered on active duty; and -

        `(C) the dependency of the parent on the member is determined on the basis of an affidavit submitted by the parent and any other evidence required under regulations prescribed by the Secretary concerned.

      `(4) An unmarried person who-- -

        `(A) is placed in the legal custody of the member as a result of an order of a court of competent jurisdiction in the United States (or Puerto Rico or a possession of the United States) for a period of at least 12 consecutive months; -

        `(B) either--

          `(i) has not attained the age of 21; -

          `(ii) has not attained the age of 23 years and is enrolled in a full-time course of study at an institution of higher learning approved by the Secretary concerned; or -

          `(iii) is incapable of self support because of a mental or physical incapacity that occurred while the person was considered a dependent of the member or former member under this paragraph pursuant to clause (i) or (ii);

        `(C) is dependent on the member for over one-half of the person's support;

        `(D) resides with the member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Secretary concerned may by regulation prescribe; and

        `(E) is not a dependent of a member under any other subparagraph.

      `(5) For purposes of this section:

        `(A) The term 'child' includes--

          `(i) a stepchild of the member (except that such term does not include a stepchild after the divorce of the member from the stepchild's parent by blood);

          `(ii) an adopted child of the member, including a child placed in the home of the member by a placement agency (recognized by the Secretary of Defense) in anticipation of the legal adoption of the child by the member; and

          `(iii) an illegitimate child of the member if the member's parentage of the child is established in accordance with criteria prescribed in regulations by the Secretary concerned.

        `(B) The term `parent' means--

          `(i) a natural parent of the member;

          `(ii) a stepparent of the member;

          `(iii) a parent of the member by adoption;

          `(iv) a parent, stepparent, or adopted parent of the spouse of the member; and

          `(v) any other person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of age.'.

SEC. 603. REVISIONS TO PAY AND ALLOWANCES CONSIDERED FOR SAVED PAY UPON APPOINTMENT AS AN OFFICER.

    Section 907(d) of title 37, United States Code, is amended to read as follows:

    `(d)(1) In determining the amount of the pay and allowances of a grade formerly held by an officer, the following special and incentive pays may be considered only so long as the officer continues to perform the duty creating the entitlement to or eligibility for that pay and would otherwise be eligible to receive that pay in his former grade:

      `(A) Incentive pay for hazardous duty under section 301 of this title.

      `(B) Submarine duty incentive pay under section 301c of this title.

      `(C) Special pay for diving duty under section 304 of this title.

      `(D) Hardship duty pay under section 305 of this title.

      `(E) Career sea pay under section 305a of this title.

      `(F) Special pay for service as a member of a Weapons of Mass Destruction Civil Support Team under section 305b of this title.

      `(G) Assignment incentive pay under section 307a of this title.

      `(H) Hostile fire pay or imminent danger pay under section 310 of this title.

      `(I) Overseas tour extension incentive pay under section 314 of this title.

      `(J) Foreign language proficiency pay under section 316 of this title.

      `(K) Critical skill retention bonus under section 323 of this title.

    `(2) The following special and incentive pays are dependent on a member being in enlisted status and may not be considered in determining the amount of the pay and allowances of a grade formerly held by an officer:

      `(A) Special duty assignment pay under section 307 of this title.

      `(B) Reenlistment bonus under section 308 of this title.

      `(C) Enlistment bonus under section 309 of this title.

      `(D) Nuclear enlisted bonus under section 312a of this title.

      `(E) Career enlisted flyer incentive pay under section 320 of this title.'.

Subtitle B--Bonuses and Special and Incentive Pays

SEC. 611. UNIFORM PAYMENT OF FOREIGN LANGUAGE PROFICIENCY PAY TO RESERVE COMPONENT MEMBERS AND MEMBERS ON ACTIVE DUTY.

    (a) IN GENERAL- Section 316 of title 37, United States Code, is amended--

      (1) in subsection (a)--

        (A) by striking `subsection (c)' and inserting `subsection (b)';

        (B) by striking `monthly special pay' and inserting `a bonus'; and

        (C) by striking `is entitled to basic pay under section 204 of this title and who';

      (2) by striking subsection (b) and redesignating subsections (c), (d), (e), (f), (g) and (h) as subsections (b), (c), (d), (e), (f) and (g), respectively;

      (3) in subsection (b), as redesignated by paragraph (2)--

        (A) by striking `special pay or a bonus' and inserting `a bonus';

        (B) by striking `subsection (a) or (b)' and inserting `subsection (a)'; and

        (C) by striking `special pay or bonus' and inserting `bonus';

      (4) by amending subsections (c) and (d), as redesignated by paragraph (2), to read as follows:

    `(c) BONUS AMOUNT- The bonus paid under subsection (a) may not exceed $12,000 per year. 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.

    `(d) RELATIONSHIP TO OTHER PAY OR ALLOWANCES- A bonus paid under this section is in addition to any other pay or allowance payable to a member under any other provision of law.';

      (5) in subsection (e), as redesignated by paragraph (2)--

        (A) in paragraph (1)--

          (i) by striking `Notwithstanding' and all that follows through `pay or' and inserting `The Secretary concerned may waive the certification requirement in subsection (b) and pay'; and

          (ii) in subparagraph (C), by striking `or a' and all that follows through `member';

        (B) in paragraph (2), by striking `For purposes' and all that follows through `the Secretary' and inserting `The Secretary';

        (C) in paragraph (3)--

          (i) by striking `special pay or a bonus' and inserting `a bonus';

          (ii) by striking `subsection (c)' and inserting `subsection (b)';

          (iii) by striking `special pay or bonus' and inserting `bonus'; and

          (iv) by striking `subsection (h)' and inserting `subsection (g)'; and

        (D) in paragraph (4)--

          (i) by striking `subsection (c)' and inserting `subsection (b)';

          (ii) by striking `bonus in the manner' and inserting `amount received by the member as'; and (iii) by striking `subsection (g)' and inserting `subsection (f)'; and

      (6) by amending subsection (f), as redesignated by paragraph (2), to read as follows:

    `(f) REPAYMENT OF BONUS- (1) The Secretary concerned may terminate at any time the eligibility of a member to receive a bonus under subsection (a).

    `(2) A member who receives a bonus under this section, but who does not satisfy an eligibility requirement specified in paragraph (1), (2), (3), or (4) of subsection (a) for the entire certification period for which the bonus was paid, shall be subject to the repayment provisions of section 327 of this title.'.

    (b) CLERICAL AMENDMENTS- (1) Section 316 is further amended by striking `pay and' in the heading and inserting `pay:'.

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

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

SEC. 612. INCREASE MAXIMUM AMOUNT OF SELECTIVE REENLISTMENT BONUS.

    (a) IN GENERAL- Section 308(a)(2)(B) of title 37, United States Code, is amended by striking `$60,000' and inserting `$90,000'. -

    (b) CLERICAL AND CONFORMING AMENDMENTS- (1)(A) Section 312a of such title is repealed. -

    (B) The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 312a.

    (2) Section 308(a)(1) of such title is further amended-- --

      (A) by adding `and' at the end of subparagraph (B); --

    (B) by striking subparagraph (C); and --

    (C) by redesignating subparagraph (D) as subparagraph (C).

SEC. 613. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL PAYS FOR --RESERVE FORCES. -

    (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES- Section 302g(f) of title 37, United States Code, is amended by striking `December 31, 2005' and inserting `December 31, 2006'. -

    (b) SELECTED RESERVE REENLISTMENT BONUS- Section 308b(g) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (c) SELECTED RESERVE ENLISTMENT BONUS- Section 308c(e) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'. -

    (d) 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'.

    (e) SELECTED RESERVE AFFILIATION BONUS- Section 308e(e) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'. -

    (f) READY RESERVE NON-PRIOR SERVICE ENLISTMENT BONUS- Section 308g(h) of such title is amended by striking `September 30, 1992' and inserting `December 31, 2006'. -

    (g) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS- Section 308h(g) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'.

    (h) PRIOR SERVICE REENLISTMENT BONUS- Section 308i(f) of such title is amended by striking `December 31, 2005' and inserting `December 31, 2006'. -

    (i) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE- Section 16302(d) of title 10, United States Code, is amended by striking `January 1, 2006' and inserting `January 1, 2007'.

SEC. 614. FLEXIBLE PAYMENT OF ASSIGNMENT INCENTIVE PAY.

    Section 307a of title 37, United States Code, is amended--

      (1) in subsection (a), by striking `monthly'; -

      (2) by redesignating subsections (d), (e), and (f) as subsections (f), (g), and (h), respectively; and --

      (3) by inserting after subsection (c) the following new subsections (d) and (e): -

    `(d) PAYMENT OF SPECIAL PAY- (1) The Secretary concerned may specify in a written agreement under subsection (b) that payment shall be at a monthly rate, a lump sum, or in installments. -

    `(2) The maximum amount of a lump sum payment may not exceed the product of the maximum monthly rate authorized under subsection (c) and the number of months in the period for which incentive pay will be provided. Installments shall be calculated using the same formula for the agreed upon period of each installment. -

    `(3) If a member extends the assignment specified in the agreement with the Secretary, incentive pay for the period of the extension may be paid at a monthly rate, in a lump sum, or in installments pursuant to this subsection. -

    `(e) REPAYMENT OF SPECIAL PAY- (1) A member who, having entered into an agreement under this section, receives a lump sum or installment payment under subsection (d) and fails to complete the total period of service specified in the agreement voluntarily or because of misconduct, shall refund to the United States on a pro rata basis the unearned portion of the payment to the extent that the Secretary concerned determines 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 five years after the termination of the agreement does not discharge the member signing the agreement from a debt arising under paragraph (1).'.

SEC. 615. REPAYMENT OF UNEARNED PORTIONS OF BONUSES, SPECIAL PAYS, AND EDUCATIONAL BENEFITS. -

    (a) REPAYMENT OF UNEARNED PORTIONS OF BONUSES- (1) Chapter 5 of title 37, United States Code, is amended by adding at the end the following new section:

`Sec. 327. Repayment of unearned portions of bonuses, incentives, special pay or similar payments, or educational benefits or stipends when conditions of payment not met -

    `(a) IN GENERAL- A member of the uniformed services who has received a bonus, incentive, special pay or similar payment, or an educational benefit or stipend, and who is, by law, subject to the repayment provisions of this section shall repay to the United States such compensation or benefit when the member does not meet the conditions of the pay or benefit, except under conditions established by the Secretary concerned. -

    `(b) REGULATIONS- The Secretary concerned may set forth in regulations procedures for determining the amount of any repayment, and the conditions under which an exception to the required repayment would apply. The Secretary concerned may specify in such regulations the conditions under which any future installment payment of a bonus, incentive, special pay, or similar payment or benefit will not be made when the member does not meet the conditions of pay or benefit. For the military departments, this section shall be administered under regulations prescribed by the Secretary of Defense.

    `(c) DEBT- An obligation to repay the United States under subsection (a) is, for all purposes, a debt owed the United States. -

    `(d) EFFECT OF BANKRUPTCY- A discharge in bankruptcy under title 11 does not discharge a person from a debt under this section if the final decree of discharge is entered less than five years after the date of the termination of the service or the date of the termination of the agreement on which the debt is based. This subsection applies to any case commenced under title 11 after March 30, 2006.'. -

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

      `327. Repayment of unearned portions of bonuses, incentives, special pay or similar payments, or educational benefits or stipends, when conditions of payment not met.'.

-

    (b) AVIATION CAREER OFFICER RETENTION BONUS- Subsection (g) of section 301b of such title is amended to read as follows: -

    `(g) REPAYMENT OF BONUS- An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 327 of this title.'. -

    (c) MEDICAL OFFICER MULTIYEAR RETENTION BONUS- Subsection (c) of section 301d of such title is amended to read as follows:

    `(c) REPAYMENT OF BONUS- An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 327 of this title.'. -

    (d) DENTAL OFFICER MULTIYEAR RETENTION BONUS- Subsection (d) of section 301e of such title is amended to read as follows: -

    `(d) REPAYMENT OF BONUS- An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 327 of this title.'. -

    (e) MEDICAL OFFICER SPECIAL PAY- Section 302 of such title is amended-- -

      (1) in subsection (c), by amending the last sentence in paragraph (2) to read as

follows: `If such entitlement is terminated, the officer concerned shall be subject to the repayment provisions of section 327 of this title.'. -

      (2) by amending subsection (f) to read as follows:

    `(f) REPAYMENT- An officer who does not complete the period for which the payment was made under subsection (a)(4) or (b)(1) shall be subject to the repayment provisions of section 327 of this title.'.

    (f) OPTOMETRIST RETENTION SPECIAL PAY- Paragraph (4) of section 302a(b) of such title is amended to read as follows:

    `(4) The Secretary concerned may terminate at any time the eligibility of an officer to receive retention special pay under paragraph (1). An officer who does not complete the period for which the payment was made under paragraph (1) shall be subject to the repayment provisions of section 327 of this title.'. -

    (g) DENTAL OFFICER SPECIAL PAY- Section 302b of such title is amended-- --

      (1) in subsection (b), by striking the second sentence in paragraph (2); -

      (2) by amending subsection (e) to read as follows:

    `(e) REPAYMENT- An officer who does not complete the period of active duty for which the payment was made under subsection (a)(4) shall be subject to the repayment provisions of section 327 of this title.'; --

      (3) by striking subsection (f); and

      (4) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively. -

    (h) ACCESSION BONUS FOR REGISTERED NURSES- Subsection (d) of section 302d of such title is amended to read as follows: -

    `(d) REPAYMENT OF BONUS- An officer who does not become and remain licensed as a registered nurse during the period for which the payment is made, or who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 327 of this title.'.

    (i) NURSE ANESTHETIST SPECIAL PAY- Section 302e of such title is amended-- --

      (1) in subsection (c), by striking the last sentence; and -

      (2) by amending subsection (e) to read as follows:

    `(e) REPAYMENT- An officer who does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 327 of this title.'.

    (j) RESERVE, RECALLED OR RETAINED HEALTH CARE OFFICERS SPECIAL PAY- Subsection (c) of section 302f of such title is amended by striking `refund' and inserting `repay.'. -

    (k) SELECTED RESERVE HEALTH CARE PROFESSIONALS IN CRITICALLY SHORT WARTIME SPECIALTIES SPECIAL PAY- Section 302g of such title is amended--

      (1) by striking subsections (d) and (e); --

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

    `(d) REPAYMENT- An officer who does not complete the period of service in the Selected Reserve of an armed force specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 327 of this title.'; and

      (3) by redesignating subsection (f) as subsection (e). -

    (l) ACCESSION BONUS FOR DENTAL OFFICERS- Subsection (d) of section 302h of such title is amended to read as follows: -

    `(d) REPAYMENT OF BONUS- A person after signing a written agreement who thereafter is not commissioned as an officer of the armed forces, or does not become licensed as a dentist, or does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 327 of this title.'. -

    (m) ACCESSION BONUS FOR PHARMACY OFFICERS- Subsection (e) of section 302j of such title is amended to read as follows: -

    `(e) REPAYMENT OF BONUS- A person after signing a written agreement who thereafter is not commissioned as an officer of the armed forces, or does not become and remain certified or licensed as a pharmacist, or does not complete the period of active duty specified in the agreement entered into under subsection (a) shall be subject to the repayment provisions of section 327 of this title.'. -

    (n) REENLISTMENT BONUS FOR ACTIVE MEMBERS- Subsection (d) of section 308 of such title is amended to read as follows: -

    `(d) REPAYMENT OF BONUS- A member who does not complete the term of enlistment for which a bonus was paid to the member under this section, or a member who is not technically qualified in the skill for which a bonus was paid to him under this section, shall be subject to the repayment provisions of section 327 of this title.'. -

    (o) REENLISTMENT BONUS FOR SELECTED RESERVE- Subsection (e) of section 308b of such title is amended to read as follows: -

    `(e) REPAYMENT OF BONUS- A member who does not complete the term of enlistment in the element of the Selected Reserve of the Ready Reserve for which the bonus was paid to the member under this section, shall be subject to the repayment provisions of section 327 of this title.'. -

    (p) ENLISTMENT BONUS FOR SELECTED RESERVE- Subsection (d) of section 308c of such title is amended to read as follows: -

    `(d) REPAYMENT OF BONUS- A member who does not participate satisfactorily in training with his unit during a term of enlistment for which a bonus has been paid to him under this section shall be subject to the repayment provisions of section 327 of this title.'.

    (q) RESERVE AFFILIATION BONUS- Subsection (d) of section 308e of such title is amended to read as follows: -

    `(d) REPAYMENT OF BONUS- A member who does not participate satisfactorily in training with his unit during a term of enlistment for which a bonus has been paid to him under this section shall be subject to the repayment provisions of section 327 of this title.'.

    (r) READY RESERVE ENLISTMENT BONUS- Section 308g of such title is amended-- -

      (1) by amending subsection (d) to read as follows:

    `(d) REPAYMENT OF BONUS- A person who does not serve satisfactorily in the element of the Ready Reserve in the combat or combat support skill for the period for which the bonus was paid under this section shall be subject to the repayment provisions of section 327 of this title.'; --

      (2) by striking subsections (e) and (f); and

      (3) by redesignating subsections (g) and (h) as subsections (e) and (f), respectively.

    (s) READY RESERVE REENLISTMENT, ENLISTMENT, AND VOLUNTARY EXTENSION OF ENLISTMENT BONUS- Section 308h of such title is amended-- -

      (1) by amending subsection (c) to read as follows:

    `(c) REPAYMENT OF BONUS- A person who does not complete the period of enlistment or extension of enlistment for which the bonus was paid under this section shall be subject to the repayment provisions of section 327 of this title.';

      (2) by striking subsections (d) and (e); and -

      (3) by redesignating subsections (f) and (g) as subsections (d) and (e), respectively.

    (t) PRIOR SERVICE ENLISTMENT BONUS- Subsection (d) of section 308i of such title is amended to read as follows: -

    `(d) REPAYMENT OF BONUS- A person who receives a bonus payment under this section and who, during the period for which the bonus was paid, does not serve satisfactorily in the element of the Selected Reserve of the Ready Reserve with respect to which the bonus was paid shall be subject to the repayment provisions of section 327 of this title.'. -

    (u) ENLISTMENT BONUS- Subsection (b) of section 309 of such title is amended to read as follows: -

    `(b) REPAYMENT OF BONUS- A member who does not complete the term of enlistment for which a bonus was paid to the member under this section, or a member who is not technically qualified in the skill for which a bonus was paid, shall be subject to the repayment provisions of section 327 of this title.'.

    (v) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING ACTIVE DUTY- Subsection (b) of section 312 of such title is amended to read as follows: -

    `(b) An officer who does not complete the period of active duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants which the officer agreed to serve, and for which the payment was made under subsection (a)(3) or (d)(1), shall be subject to the repayment provisions of section 327 of this title.'. -

    (w) NUCLEAR CAREER ACCESSION BONUS- Paragraph (2) of section 312b(a) of such title is amended to read as follows: -

    `(2) An officer who does not commence or complete satisfactorily the nuclear power training specified in the agreement under paragraph (1) shall be subject to the repayment provisions of section 327 of this title.'. -

    (x) ENLISTED MEMBERS EXTENDING DUTY AT DESIGNATED LOCATIONS OVERSEAS- Subsection (d) of section 314 of such title is amended to read as follows: -

    `(d) REPAYMENT OF BONUS- A member who, having entered into a written agreement to extend a tour of duty for a period under subsection (a), receives a bonus payment under subsection (b)(2) for a 12-month period covered by the agreement and ceases during that 12-month period to perform the agreed tour of duty shall be subject to the repayment provisions of section 327 of this title.'. -

    (y) SPECIAL WARFARE OFFICERS EXTENDING PERIOD OF ACTIVE DUTY- Subsection (h) of section 318 of such title is amended to read as follows:

    `(h) REPAYMENT OF BONUS- An officer who, having entered into a written agreement under subsection (b) and has received all or part of a bonus under this section, does not complete the period of active duty in special warfare service as specified in the agreement, shall be subject

to the repayment provisions of section 327 of this title.'. -

    (z) SURFACE WARFARE OFFICERS EXTENDING PERIOD OF ACTIVE DUTY- Subsection (f) of section 319 of such title is amended to read as follows: -

    `(f) REPAYMENT OF BONUS- An officer who, having entered into a written agreement under subsection (b) and having received all or part of a bonus under this section, does not complete the period of active duty as a department head on a surface vessel specified in the agreement, shall be subject to the repayment provisions of section 327 of this title.'.

    (aa) JUDGE ADVOCATE CONTINUATION PAY- Subsection (f) of section 321 of such title is amended to read as follows: --

    `(f) REPAYMENT- An officer who has entered into a written agreement under subsection (b) and has received all or part of the amount payable under the agreement but who does not complete the total period of active duty specified in the agreement, shall be subject to the repayment provisions of section 327 of this title.'. -

    (bb) 15-Year Career Status Bonus for Members Entering Service on or After August 1, 1986- Subsection (f) of section 322 of such title is amended to read as follows: -

    `(f) REPAYMENT OF BONUS- If a person paid a bonus under this section does not complete a period of active duty beginning on the date on which the election of the person under subsection (a)(1) is received and ending on the date on which the person completes 20 years of active duty service as described in subsection (a)(2), the person shall be subject to the repayment provisions of section 327 of this title.'. -

    (cc) RETENTION INCENTIVES FOR MEMBERS QUALIFIED IN A CRITICAL MILITARY SKILL- Subsection (g) of section 323 of such title is amended to read as follows: -

    `(g) REPAYMENT OF BONUS- A member who has entered into a written agreement under subsection (a), and who does not complete the total period of active duty specified in the agreement, shall be subject to the repayment provisions of section 327 of this title.'. -

    (dd) ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS- Subsection (f) of section 324 of such title is amended to read as follows: -

    `(f) REPAYMENT OF BONUS- An individual who, having received all or part of the bonus under an agreement referred to in subsection (a), is not thereafter commissioned as an officer or does not commence or does not complete the total period of active duty service specified in the agreement, shall be subject to the repayment provisions of section 327 of this title.'.

    (ee) INCENTIVE BONUS: SAVINGS PLAN FOR EDUCATION EXPENSES AND OTHER CONTINGENCIES- Subsection (g) of section 325 of such title is amended to read as follows: -

    `(g) REPAYMENT- If a person does not complete the qualifying service for which the person is obligated under a commitment for which a benefit has been paid under this section, the person shall be subject to the repayment provisions of section 327 of this title.'. -

    (ff) INCENTIVE BONUS FOR CONVERSION TO MILITARY OCCUPATIONAL SPECIALTY- Subsection (e) of section 326 of such title is amended to read as follows: -

    `(e) REPAYMENT OF BONUS- A member who does not convert to and complete the period of service in the military occupational specialty specified in the agreement executed under subsection (a) shall be subject to the repayment provisions of section 327 of this title.'. -

    (gg) ENLISTMENT INCENTIVES FOR PURSUIT OF SKILLS TO FACILITATE NATIONAL SERVICE- Subsection (i) of section 510 of title 10, United States Code, is amended to read as follows:

    `(i) REPAYMENT- If a National Call to Service participant who has entered into an agreement under subsection (b) and received or benefitted from an incentive under subsection (e)(1) or (e)(2) fails to complete the total period of service specified in such agreement, the National Call to Service participant shall be subject to the repayment provisions of section 327 of title 37.'.

    (hh) ADVANCED EDUCATION ASSISTANCE- Section 2005 of such title is amended-- --

      (1) in subsection (a), by amending paragraph (3) to read as follows: -

      `(3) that if such person does not complete the period of active duty specified in the agreement, or does not fulfill any term or condition prescribed pursuant to clause (4), such person shall be subject to the repayment provisions of section 327 of title 37.'; --

      (2) by striking subsections (c), (d), (g) and (h);

      (3) by redesignating subsections (e) and (f) as subsections (c) and (d), respectively; and -

      (4) by amending subsection (d), as redesignated by paragraph (3), to read as follows: -

    `(d) The Secretary concerned shall require, as a condition to the Secretary providing financial assistance under section 2107 or 2107a of this title to any person, that such person enter into an agreement described in subsection (a). In addition to the requirements of subsections (a)(1) through (a)(4), any agreement required by this subsection shall provide that if such person does not complete the education requirements specified in the agreement, or does not fulfill any term or condition prescribed pursuant to subsection (a)(4), the person shall be subject to the repayment provisions of section 327 of title 37 without the Secretary first ordering such person to active duty as provided for under subsection (a)(2) and sections 2107(f) and 2107a(f) of this title.'. -

    (ii) TUITION FOR OFF-DUTY TRAINING OR EDUCATION- Section 2007 of such title is amended by adding at the end the following new subsection: -

    `(f) If such person does not complete the period of active duty specified in the agreement under subsection (b), such person shall be subject to the repayment provisions of section 327 of title 37.'.

    (jj) ADVANCED TRAINING, FAILURE TO COMPLETE OR TO ACCEPT COMMISSION- Section 2105 of such title is amended--

      (1) by striking `A member' and inserting `(a) A member'; and -

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

    `(b) If such person does not complete the period of active duty specified under subsection (a), the person shall be subject to the repayment provisions of section 327 of title 37.'. -

    (kk) FINANCIAL ASSISTANCE PROGRAM FOR SPECIALLY SELECTED MEMBERS- Section 2107 of such title is amended by adding at the end the following new subsection: -

    `(j) A person after signing a written agreement who thereafter is not commissioned as an officer or does not complete the period of service as specified in subsection (b), (f) or (h)(2), shall be subject to the repayment provisions of section 327 of title 37.'. -

    (ll) HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM FOR ACTIVE SERVICE- Subparagraph (C) of section 2123(e)(1) of such title is amended to read as follows: -

    `(C) If such person does not complete the period of active duty obligation specified under subsection (a), such person shall be subject to the repayment provisions of section 327 of title 37.'. -

    (mm) FINANCIAL ASSISTANCE: NURSE OFFICER CANDIDATES- Subsection (d) of section 2130a of such title is amended to read as follows: -

    `(d) REPAYMENT- A person who does not complete a nursing degree program in which the person is enrolled in accordance with the agreement entered into under subsection (a), or having completed the nursing degree program, does not become an officer in the Nurse Corps of the Army or the Navy or an officer designated as a nurse officer of the Air Force or commissioned corps of the Public Health Service; or does not complete the period of obligated active service required under the agreement, shall be subject to the repayment provisions of section 327 of title 37.'. -

    (nn) EDUCATION LOAN REPAYMENT PROGRAM: COMMISSIONED OFFICERS IN SPECIFIED HEALTH PROFESSIONS- Subsection (g) of section 2173 of such title is amended-- --

      (1) by inserting `(1)' after `(g)'; and

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

      `(2) An officer who does not complete the period of active duty specified in the agreement entered into under subsection (b)(3), or the alternative obligation under paragraph (1), shall be subject to the repayment provisions of section 327 of title 37.'.

    (oo) SCHOLARSHIP PROGRAM FOR DEGREE PROGRAM FOR DEGREE OR CERTIFICATION IN INFORMATION ASSURANCE- Section 2200a of such title is amended-- --

      (1) by amending subsection (e) to read as follows: -

    `(e) REPAYMENT FOR PERIOD OF UNSERVED OBLIGATED SERVICE- (1) A member of an

armed force who does not complete the period of active duty specified in the service agreement under section (b) shall be subject to the repayment provisions of section 327 of title 37.

    `(2) A civilian employee of the Department of Defense who voluntarily terminates service before the end of the period of obligated service required under an agreement entered into under subsection (b) shall refund to the United States an amount determined by the Secretary of Defense as being appropriate to obtain adequate service in exchange for financial assistance and otherwise to achieve the goals set forth in section 2200(a) of this title. -

      `(A) OBLIGATION AS DEBT- An obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. -

      `(B) REPAYMENT- The Secretary of Defense may waive, in whole or in part a refund 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. -

      `(C) EFFECT OF DISCHARGE IN BANKRUPTCY- A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under such agreement or under this subsection.'; --

      (2) by striking subsection (f); and -

      (3) by redesignating subsection (g) as subsection (f).

    (pp) CADETS: AGREEMENT TO SERVICE AS OFFICER- Section 4348 of such title is amended by adding at the end the following new subsection: -

    `(f) A cadet or former cadet who does not fulfill the terms of the agreement as specified under section (a), or the alternative obligation under subsection (b), shall be subject to the repayment provisions of section 327 of title 37.'.

    (qq) MIDSHIPMEN: AGREEMENT FOR LENGTH OF SERVICE- Section 6959 of such title is amended by adding at the end the following new subsection: -

    `(f) A midshipman or former midshipman who does not fulfill the terms of the agreement as specified under section (a), or the alternative obligation under subsection (b), shall be subject to the repayment provisions of section 327 of title 37.'. -

    (rr) CADETS: AGREEMENT TO SERVICE AS OFFICER- Section 9348 of such title is amended by adding at the end the following new subsection: -

    `(f) A cadet or former cadet who does not fulfill the terms of the agreement as specified under section (a), or the alternative obligation under subsection (b), shall be subject to the repayment provisions of section 327 of title 37.'. -

    (ss) CADETS: NUMBER, APPOINTMENT, OBLIGATION TO SERVE- Section 182 of title 14, United States Code, is amended by adding at the end the following new subsection: -

    `(g) A cadet or former cadet who does not fulfill the terms of the obligation to serve as specified under section (b), or the alternative obligation under subsection (c), shall be subject to the repayment provisions of section 327 of title 37.'.

    (tt) EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED RESERVE- Section 16135 of title 10 United States Code, is amended to read as follows:

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

    `(a) A member of the Selected Reserve of the Ready Reserve of an armed force who does not participate satisfactorily in required training as a member of the Selected Reserve during a term of enlistment or other period of obligated service that created entitlement of the member to educational assistance under this chapter, and during which the member has received such assistance, shall, at the option of the Secretary concerned-- -

      `(1) be ordered to active duty for a period of two years or the period of obligated service the person has remaining under section 16132 of this title, whichever is less; or --

      `(2) be subject to the repayment provisions under section 327 of title 37. -

    `(b) Any repayment under the provisions of section 327 of title 37 shall not affect the period of obligation of such member to serve as a Reserve in the selected Reserve.'.

    (uu) HEALTH PROFESSIONS STIPEND PROGRAM--PENALTIES AND LIMITATIONS- Subparagraph (B) of section 16203(a)(1) of such title is amended to read as follows: --

        `(B) shall be subject to the repayment provisions of section 327 of title 37.'. -

    (vv) MARINE CORPS PLATOON LEADERS CLASS: COLLEGE TUITION ASSISTANCE PROGRAM- Subsection (f) of section 16401 of such title is amended-- -

      (1) in paragraph (1), by striking `may be required to repay the full amount of financial assistance' and inserting `shall be subject to the repayment provisions of section 327 of title 37'; and --

      (2) by amending paragraph (2) to read as follows: -

      `(2) Any requirement to repay any portion of financial assistance received under this section shall be administered under Secretary of Defense regulations issued under section 327 of title 37. The Secretary of the Navy may waive the obligations referenced in paragraph (1) in the case of a person who--'. -

    (ww) EFFECTIVE DATE- (1) The amendments made by this section shall take effect on April 1, 2006. -

      (2) Notwithstanding paragraph (1)-- -

      (A) the amendments made by this section do not apply to any bonus, incentive, special pay or similar payment (such as education assistance or stipend), which the United States became obligated to pay before April 1, 2006; and -

      (B) the following provisions in effect on March 30, 2006, shall continue to apply, in accordance with the provisions thereof, with respect to any bonus, incentive, special pay, or an educational benefit or stipend, which the United States became obligated to pay before April 1, 2006: -

        (i) sections 301b(g), 301d(c), 301e(d), 302(f), 302a(b)(4), 302b, 302d(d), 302e, 302f, 302g, 302h, 302j, 308(d), 308b(d), 308c(d), 308e(d), 308g(d), 308h(c), 308i(d), 309(b), 312(b), 312b(a)(2), 314(d), 318(h), 319(h), 321(f), 322(f), 323(g), 324(f), 325(g), and 326(e) of title 37, United States Code; -

        (ii) sections 510, 2005(a)(3), 2005(c), 2005(d), 2005(f), 2005(g), 2007, 2105, 2107, 2123(e)(1)(C), 2130a(d), 2173(g), 2200a(e)(3), 4348, 6959, 9348, 16135, 16203(a)(1)(B), and 16401(f)(1) of title 10, United States Code; and ---

        (iii) section 182 of title 14, United States Code.

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

    (a) INCREASE- Section 305(a) of title 37, United States Code, is amended by striking `$300' and inserting `$750'.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on October 1, 2005. ----

Subtitle C--Retired Pay

SEC. 621. PROHIBIT COURT-ORDERED PAYMENTS BEFORE RETIREMENT BASED ON IMPUTATION OF RETIRED PAY. -

    (a) AUTHORITY- Section 1408(c)(3) of title 10, United States Code, is amended--

      (1) by inserting `(A)' after '(3)'; and

      (2) by adding at the end the following new subparagraph: -

        `(B) A court may not order a member to make payments based upon an imputation of a property interest in future retired pay of any kind to a spouse or former spouse before the date of the member's actual retirement.'.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to final court orders or court orders seeking enforcement of prior final decrees issued on or after the date of the enactment of this Act. ---

Subtitle D--Other Matters

SEC. 631. PAYMENT OF EXPENSES TO OBTAIN PROFESSIONAL CREDENTIALS.

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

`Sec. 2015. Payment of expenses for members of the armed forces to obtain professional credentials

    `The Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may use appropriated funds, or funds otherwise available to such Secretary, to pay for--

      `(1) expenses for members of the armed forces to obtain professional credentials, including expenses for professional accreditation, State-imposed and professional licenses, and professional certification; and

      `(2) examinations to obtain such credentials.'. -

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

      `2015. Payment of expenses for members of the armed forces to obtain professional credentials.'.

SEC. 632. MONTHLY DISBURSEMENT TO THE STATES OF STATE INCOME TAX VOLUNTARILY WITHHELD FROM RETIRED OR RETAINED 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. 633. 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-- -

      `(i) who serves on active duty for a continuous period of at least 120 days in an area in which the member is entitled to special pay under section 310(a) of title 37; or

      `(ii) who is assigned to a deployable ship or mobile unit or to other duty designated for the purpose of this section.'. -----

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Enhanced Benefits for Reserves

SEC. 701. CORRECTION TO ELIGIBILITY FOR HEALTH CARE PENDING ACTIVE DUTY FOLLOWING COMMISSIONING.

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

Subtitle B--Other Benefits Improvements

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

    (a) REPEAL OF REQUIREMENT TO LOCATE THE DEPARTMENT OF DEFENSE PATIENT SAFETY CENTER WITHIN THE ARMED FORCES INSTITUTE OF PATHOLOGY- Subsection (c)(3) of section 754 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398; 114 Stat. 1654A-196) is amended by striking `within the Armed Forces Institute of Pathology'.

    (b) RENAMING MEDTEAMS PROGRAM- Subsection (d) of such section is amended by striking `MEDTEAMS' in the heading and inserting `MEDICAL TEAM TRAINING'. ---

Subtitle C--Planning, Programming, and Management

SEC. 721. MODIFICATION OF HEALTH CARE QUALITY INFORMATION AND TECHNOLOGY ENHANCEMENT REPORTING REQUIREMENT. --

    Section 723(e) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 697) is amended by striking paragraphs (1) through (4) and inserting the following:

      `(1) Quality measures, including structure, process and outcomes. ----

      `(2) Population health. ----

      `(3) Patient safety. ----

      `(4) Patient satisfaction.

      `(5) The extent of use of evidence-based practices.

      `(6) Biosurveillance.'. -

Subtitle D--Medical Readiness Tracking and Health Surveillance

SEC. 731. REVISION OF REQUIREMENTS FOR PHYSICAL EXAMINATIONS AND CERTIFICATES OF PHYSICAL CONDITION FOR MEMBERS OF THE SELECTED RESERVE.

    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 `necessary' and inserting `provided a periodic health assessment on a frequency basis established by the Secretary concerned'; and --

      (2) in paragraph (2), by striking `annually to the Secretary concerned' and inserting `to the Secretary concerned, on a frequency basis established by the Secretary,'.

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

Subtitle A--Acquisition Policy and Management

SEC. 801. JOINT WARFIGHTING SCIENCE AND TECHNOLOGY PLAN.

    (a) SUBMITTAL OF THE JOINT WARFIGHTING SCIENCE AND TECHNOLOGY PLAN- Section 270 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2469; 10 U.S.C. 2501 note), as amended by sections 242 and 1067 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 551, 774), is amended--

      (1) by striking `(a) Annual' and inserting `Biennial'; and

      (2) by striking `On March 1 of each year' and inserting `By March 1, 2006, and biennially thereafter,'.

    (b) TECHNOLOGY AREA REVIEW AND ASSESSMENT SUMMARIES- Section 270 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2469), as amended by section 242 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 551), is further amended by striking subsection (b).

SEC. 802. MAKING THE STATUTORY EXECUTIVE COMPENSATION CAP PROSPECTIVE FROM THE DATE OF THE LEGISLATION.

    Section 808(e)(2) of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105-85; 111 Stat. 1838), is amended by striking `before, on,' and inserting `on'.

SEC. 803. CLARIFICATION OF RAPID ACQUISITION AUTHORITY TO RESPOND TO COMBAT EMERGENCIES.

    Section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2607; 10 U.S.C. 2302 note), as amended by section 811 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2012), is further amended--

      (1) in subsection (c)--

        (A) by inserting `or services' after `equipment' each place it appears;

        (B) by striking `combat capability' each place it appears;

        (C) by striking `fatalities' each place it appears and inserting `casualties';

        (D) in paragraph (1), by inserting `below the Under Secretary of Defense (Acquisition, Technology and Logistics)' after `delegation'; and.

        (E) by striking paragraph (4) and inserting the following:

      `(4) The Secretary of Defense shall notify the congressional defense committees within 15 days after the end of each quarter of the fiscal year with regard to each determination made under paragraph (1) during that quarter. For each determination, such notice shall identify--

        `(A) the equipment and services being acquired;

        `(B) the amount being expended for each acquisition; and

        `(C) the source of funds for each acquisition.'; and

      (2) in subsection (d)(1)--

        (A) by inserting `or services' after `equipment' each place it appears;

        (B) in subparagraph (B), by striking `or'

        (C) in subparagraph (C), by striking the period at the end and inserting `; or'; and

        (D) by adding at the end the following new subparagraph:

        `(D) domestic source and domestic content restrictions that would inhibit or impede the rapid acquisition of protective materials.'.

SEC. 804. CLARIFICATION OF BUY AMERICAN REQUIREMENTS.

    Section 2533a of title 10, United States Code, is amended--

      (1) in subsection (a), by striking `(h)' and inserting `(i)';

      (2) by redesignating subsections (f) through (j) as subsections (g) through (k), respectively;

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

    `(f) EXCEPTION FOR CIVIL-MILITARY INTEGRATION- Subsection (a) does not preclude the procurement of an item containing specialty metals produced outside the United States if:

      `(1) the contractor that produced the item (or, alternatively, in the case of a component that contains specialty metals, the producer of the component)--

        `(A) used the same production processes for the production of the item or component being delivered to the Department of Defense as it uses for similar items to be delivered to other customers; and

        `(B) purchased an amount of domestically-melted specialty metals equivalent in quality and amount to what would have been used to produce the item or component for delivery to the Department of Defense if this exception were not being relied upon;

      `(2) the contractor purchased the domestically-melted specialty metals before delivery of the item to the Department of Defense and after the date of the award of the contract; and

      `(3) the contractor notifies the contracting officer before delivery of the item that it intends to rely upon this exception and that it has complied with, or will comply with, paragraphs (1) and (2) above.'; and

      (4) in subsection (i) (as so redesignated), by adding at the end the following new sentence: `Subsection (a) does not apply to the procurement of covered items with textile components or materials that are not produced or manufactured in the United States if the total cost of all such textile components and materials is not greater than (i) the simplified acquisition threshold referred to in section 2304(g) of this title, or (ii) 10 percent of the total price of the covered items, whichever is less.'.

SEC. 805. INCREASE LIMITATION ON ADVANCE BILLING OF WORKING CAPITAL FUND CUSTOMERS.

    Section 2208(l)(3) of title 10, United States Code, is amended by striking `$1,000,000,000' and inserting `$4,000,000,000'.

SEC. 806. PROCUREMENT OF SUPPLIES AND SERVICES FROM EXCHANGE STORES; RAISING DOLLAR LIMITATION.

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

SEC. 807. AUTHORIZATION TO ENTER INTO ACQUISITION AND CROSSSERVICING AGREEMENTS WITH REGIONAL ORGANIZATIONS OF WHICH THE UNITED STATES IS NOT A MEMBER.

    (a) Section 2341(1) of title 10, United States Code, is amended by striking `of which the United States is a member'.

    (b) Section 2342(a)(1)(C) of such title is amended by striking `of which the United States is a member'.

    (c) Section 2344(b)(4) of such title is amended by striking `of which the United States is a member'.

    (d) Section 2347 of such title is repealed.

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

SEC. 811. DEFENSE ACQUISITION WORKFORCE IMPROVEMENTS.

    (a) Section 1732 of title 10, United States Code, is amended--

      (1) in subsection (c)--

        (A) by striking `(b)(2)(A) and (b)(2)(B)' wherever it appears and inserting `(b)(1)(A) and (b)(1)(B)'; and

        (B) by striking paragraph (3); and

      (2) in paragraph (d)(2), by striking `(b)(2)A)(ii)' and inserting `(b)(1)(A)(ii)'.

    (b) Section 1733(b)(1)(A) of such title is amended to read as follows:

        `(A) Any acquisition position, which is required to be filled by a senior civilian employee or a senior commissioned officer of the Army, Navy, Air Force, or Marines Corps, as determined in accordance with guidelines prescribed by the Secretary.'.

SEC. 812. PROCUREMENT OF PERISHABLE FOOD FOR ESTABLISHMENTS OUTSIDE OF THE UNITED STATES.

    Paragraph 2533a(d)(3) of title 10, United States Code, is amended--

      (1) by inserting `by,' after `emergency procurements'; and

      (2) by inserting `, or for,' after `perishable foods by'. -

Subtitle C--United States Defense Industrial Base Provisions

SEC. 821. REVISION OF AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN ----NATIONAL DEFENSE STOCKPILE.

    (a) Section 3303(a) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261; 50 U.S.C. 98d note), as amended by section 3302 of the Ronald W. Reagan National Defense Authorization Act for Year 2005 (Public Law 108-375; 50 U.S.C. 98d note), is amended by striking paragraph (5) and inserting the following new paragraph:

    `(5) $970,000,000 by the end of fiscal year 2013.'.

    (b) Section 3402(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 972; 50 U.S.C. 98d note), as amended by section 3302 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 50 U.S.C. 98d note), is amended by striking paragraph (4) and inserting the following new paragraph:

    `(4) $550,000,000 by the end of fiscal year 2013.'.

Subtitle D--Extension of Temporary Program Authorities

SEC. 831. MODIFICATION OF EQUIPMENT WITHIN FIVE YEARS OF ITS RETIREMENT OR DISPOSAL.

    (a) IN GENERAL- Chapter 137 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 2333. Modification of equipment within five years of its retirement or disposal

    `(a) PROHIBITION- A military department shall not modify an aircraft, weapon, ship or other item of equipment that the military department concerned plans to retire or otherwise dispose of within 5 years after completion of the modification.

    `(b) EXCEPTIONS- The prohibition in subsection (a) shall not apply--

      `(1) to safety modifications; or

      `(2) when the total cost of such modification, including procurement, installation, and removal costs, does not exceed $100,000.

    `(c) WAIVER- The Secretary of a military department may waive the prohibition in subsection (a) if the Secretary determines it is in the best national security interest of the United States to provide such waiver and so notifies the congressional defense committees in writing.'.

    (b) CONFORMING AND CLERICAL AMENDMENTS- (1) Section 8053 of the Department of Defense Appropriations Act, 1998 (Public Law 105-56; 111 Stat. 1232), is repealed.

    (2) The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended by adding at the end the following new item:

      `2333. Modification of equipment within five years of its retirement or disposal.'.

SEC. 832. AMENDMENT OF AUTHORITY TO PROVIDE LOGISTICS SUPPORT AND SERVICES.

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

Subtitle E--Other Acquisition Matters

SEC. 841. PROCUREMENT OF BALL AND ROLLER BEARINGS.

    (a) LIMITATION- Paragraph (a)(5) of section 2534 of title 10, United States Code, is amended to read as follows:

    `(5) BALL BEARINGS AND ROLLER BEARINGS- Ball bearings and roller bearings or bearing components, except ball bearings and roller bearings being procured for use in an end product manufactured by a manufacturer that does not satisfy the requirements of subsection (b) or in a component part manufactured by such a manufacturer. `Bearing components' means the bearing element, retainer, inner race, or outer race.'.

    (b) INAPPLICABILITY TO CERTAIN CONTRACTS- Paragraph (2) of subsection (j) of such section is amended to read as follows:

    `(2) This section does not apply with respect to a contract or subcontract to purchase items described in subsection (a)(5) if such contract or subcontract is for the acquisition of commercial items, unless commercial ball and roller bearings are being acquired as end items.'.

SEC. 842. REVITALIZATION OF DEPARTMENT OF DEFENSE LABORATORIES.

    (a) LABORATORY REVITALIZATION- Section 2805 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) LABORATORY REVITALIZATION- (1) For the revitalization of laboratories owned by the United States and under the jurisdiction of the Secretary concerned, the Secretary may spend from appropriations available--

      `(A) for operation and maintenance amounts necessary to carry out an unspecified minor military construction project costing not more than $1,500,000; or

      `(B) for military construction not otherwise authorized by law amounts necessary to carry out an unspecified minor military construction project costing not more than $3,000,000.

    `(2) For projects conducted pursuant to this subsection, $1,500,000 shall be the amount applied for purposes of subsection (b)(1).

    `(3) For purposes of this subsection, a laboratory includes--

      `(A) a research, engineering, and development center;

      `(B) a test and evaluation activity; and

      `(C) any buildings, structures, or facilities located at and supporting such centers or activities.'.

    (b) STYLISTIC AND CLERICAL AMENDMENTS- Such section is further amended--

      (1) in subsection (a), by inserting `Military Construction Funding- ' after `(a)';

      (2) in subsection (b), by inserting `Notifications- ' after `(b)';

      (3) in subsection (c), by inserting `Operation and Maintenance Funding- ' after `(c)'; and

      (4) in subsection (e), as redesignated by subsection (a) of this section, by inserting `Limitations- ' after `(e)'.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Intelligence-Related Matters

SEC. 901. OPERATIONAL FILES OF THE DEFENSE INTELLIGENCE AGENCY.

    (a) PROTECTION OF OPERATIONAL FILES OF DEFENSE INTELLIGENCE AGENCY- Title I of the National Security Act of 1947 (50 U.S.C. 401 et. seq.) is amended by inserting after section 705 the following new section:

`Sec. 706. Operational files of the Defense Intelligence Agency

    `(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) of this section, 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) of this section which 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) of this section shall not affect the exemption under subsection (a) of this section of the originating operational files from search, review, publication, or disclosure.

    `(3) Records from exempted operational files that have been disseminated to and referenced in files that are not exempted under subsection (a) of this section and that have been returned to exempted operational files for sole retention shall be subject to search and review.

    `(e) ALLEGATION; IMPROPER WITHOLDING 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, determine issues of fact based on sworn written submissions of the parties.

      `(C) When a complaint 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) of this paragraph, 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(g)).

      `(G) If at any time following the filing of a complaint pursuant to this subsection 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.

      `(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 ten 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 section 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.'.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of such title is amended by inserting after the item relating to section 705 the following new item:

      `706. Operational files of the Defense Intelligence Agency.'.

    (c) OTHER AMENDMENTS- The National Security Act of 1947 is further amended--

      (1) by inserting at the end of section 702(a)(3)(C) the following new clause:

      `(vii) The Office of the Inspector General of the National Geospatial-Intelligence Agency.';

      (2) by inserting at the end of section 703(a)(3)(C) the following new clause:

      `(vii) The Office of the Inspector General of the NRO.'; and

      (3) by inserting at the end of section 704(c)(3) the following subparagraph:

        `(H) The Office of the Inspector General of the National Security Agency.'.

SEC. 902. DEFENSE COUNTERINTELLIGENCE POLYGRAPH PROGRAM.

    Section 1564a of title 10, United States Code, is amended--

      (1) in subsection (a), by inserting `or successor directive' before the period at the end; and

      (2) in subsection (b), by inserting after `(or a successor Executive order)' the following: `, or who have access to other information whose unauthorized disclosure or manipulation would have significant potential impact upon national security, as determined under standards established by the Secretary of Defense,'. ---

Subtitle B--Other Matters

SEC. 911. OPERATIONAL TEST AND EVALUATION; EXPANDING THE ELIGIBILITY CRITERIA FOR THE LEADERSHIP OF DEPARTMENT OF DEFENSE TEST RESOURCE MANAGEMENT CENTER.

    Section 196(b) of title 10, United States Code, is amended--

      (1) by amending paragraph (1) to read as follows:

      `(1) At the head of the Center shall be a Director, selected by the Secretary from among individuals who have substantial experience in the field of test and evaluation.'; and

      (2) in paragraph (2), by striking `senior civilian officers and employees of the Department of Defense' and inserting `individuals'. ------

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

SEC. 1001. REPEAL OF REQUIREMENT FOR SEPARATE BUDGET REQUEST FOR PROCUREMENT OF RESERVE EQUIPMENT.

    Section 114(e) of title 10, United States Code, is repealed.

SEC. 1002. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDGET CYCLE FOR THE DEPARTMENT OF DEFENSE.

    Section 1405 of the Department of Defense Authorization Act, 1986 (31 U.S.C. 1105 note) is repealed.

SEC. 1003. CAPTURE OF ALL EXPIRED FUNDS FROM THE MILITARY PERSONNEL AND OPERATION AND MAINTENANCE APPROPRIATION ACCOUNTS FOR USE IN THE FOREIGN CURRENCY FLUCTUATIONS ACCOUNT.

    (a) IN GENERAL- Section 2779 of title 10, United States Code, is amended--

      (1) in subsection (a)(2), by striking `second fiscal year' and inserting `fifth fiscal year'; and

      (2) in subsection (d)(2), by striking `second fiscal year' and inserting `fifth fiscal year'.

    (b) LIMITATION ON FUNDS TRANSFERRED- Funds transferred in fiscal year 2006 pursuant to the additional transfer authority authorized in subsection (a) may not exceed $10,000,000.

SEC. 1004. AUTHORITY TO USE FUNDS APPROPRIATED FOR ACTIVE FORCES TO SUPPORT RESERVE COMPONENT FORCES NOTIFIED OF MOBILIZATION.

    (a) IN GENERAL- Chapter 1805 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 18506. Reserve components: premobilization support with funds appropriated for active forces

    `Whenever the Secretary concerned determines that it is in the interest of national security, the Secretary may authorize the use of funds appropriated for active component forces to support reserve component forces that have been notified they are to be ordered to active duty in support of a contingency operation.'.

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

      `18506. Reserve components: premobilization support with funds appropriated for active forces.'.

SEC. 1005. PURCHASE AND DISPOSAL OF WEAPONS OVERSEAS.

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

    (b) DISPOSITION OF WEAPONS PURCHASED- Weapons purchased under the authority of this section may be disposed of by transfer to the military or security forces of another country, with the concurrence of the Secretary of State, or by destruction.

    (c) CONGRESSIONAL NOTIFICATION- The Secretary of Defense shall promptly notify the congressional defense committees when weapons are purchased or transferred to another country pursuant to this section.

SEC. 1006. FUNDING OF ARMY MULTIPLE-COMPONENT UNITS.

    (a) IN GENERAL- Chapter 307 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 3085. Funding of Army multiple-component units

    `(a) AUTHORITY- Funds authorized to be appropriated for `Operation and Maintenance, Army' may be obligated and expended to support elements of the reserve components that are part of a multiple-component unit of the Army, or may be transferred to Operation and Maintenance, Army Reserve, or Operation and Maintenance, Army National Guard, for such purposes.

    `(b) DEFINITION- For the purposes of this section, a `multiple-component unit' is a unit comprised of personnel or equipment, or both, from active and reserve components, as determined by the Secretary of Defense.'.

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

      `3085. Funding of Army multiple-component units.'.

Subtitle B--Counter-Drug Activities

SEC. 1011. DEPARTMENT OF DEFENSE SUPPORT FOR COUNTER-DRUG ACTIVITIES.

    Section 1021 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1212), is amended--

      (1) in subsection (a), by striking `2002 through 2006'and inserting `2006 through 2011'; and

      (2) in paragraph (b)(4), by inserting at the end the following new sentence: `Bases of operations and training facilities may be for any aspect of counter-drug activities, including detection, interdiction, and prosecution.'.

Subtitle C--Reports

SEC. 1021. RELIEF OF REQUIREMENT TO SUBMIT ANNUAL REPORTS TO CONGRESS REGARDING GLOBAL STRIKE.

    Section 1032 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1605), is amended--

      (1) in subsection (a), by striking `(a) INTEGRATED PLAN FOR PROMPT GLOBAL STRIKE CAPABILITY- '; and

      (2) by striking subsection (b).

SEC. 1022. REPEAL OF REQUIRED REPORTS ON TRANSFERS FROM HIGH-PRIORITY READINESS APPROPRIATIONS.

    (a) IN GENERAL- Section 483 of title 10, United States Code, is repealed.

    (b) CONFORMING AMENDMENT- The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 483.

Subtitle D--Defense Against Terrorism and Other Domestic Security Matters

SEC. 1031. TESTING OF PREPAREDNESS FOR EMERGENCIES INVOLVING NUCLEAR, RADIOLOGICAL, CHEMICAL, BIOLOGICAL, AND HIGHYIELD EXPLOSIVES WEAPONS.

    Section 1415 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2720), is amended--

      (1) in subsection (a)--

        (A) by inserting `NUCLEAR, RADIOLOGICAL,' after `INVOLVING' in the heading;

          (B) in paragraph (1)--

          (i) by striking `Secretary of Defense' and inserting `Secretary of Homeland Security'; and

          (ii) by striking `biological weapons and related materials and emergencies involving chemical weapons and related materials' and inserting `nuclear, radiological, biological, and chemical weapons and related materials';

        (C) in paragraph (2), by striking `during each of five successive fiscal years beginning with fiscal year 1997' and inserting `in accordance with subsection (c) of section 102 and subsection (c)(1) of section 430 of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)'; and

        (D) in paragraph (3), by striking `the Director of the Federal Bureau of Investigation, the Director of the Federal Emergency Management Agency,' and inserting `the Secretary of Defense, the Director of the Federal Bureau of Investigation,';

      (2) by striking subsections (b) and (d);

      (3) by redesignating subsections (c) and (e) as subsections (b) and (c), respectively; and

      (4) in subsection (b), as redesignated by paragraph (3), by striking `or (b)'.

Subtitle E--Personnel Security Matters

SEC. 1041. UPDATE OF INTERNAL SECURITY ACT OF 1950.

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

Subtitle F--Transportation-Related Matters

SEC. 1051. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO THE REPATRIATION OF SERVICEMEMBERS OR CIVILIANS HELD CAPTIVE.

    (a) MILITARY CAPTIVES- 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- (1) Under uniform regulations prescribed by the Secretary concerned, travel and transportation described in subsection (c) may be provided for not more than three family members of a member described in paragraph (3). In circumstances determined to be appropriate by the Secretary concerned, the Secretary may waive the limitation on the number of family members provided travel and transportation under this section. -

    `(2) In addition to the persons authorized to be provided travel and transportation under paragraph (1), the Secretary may provide such travel and transportation to an attendant to accompany a family member described in paragraph (3) if the Secretary concerned determines-- -

      `(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 subsection (a) is able to serve as an attendant for the family member. -

    `(3) A member referred to in paragraph (a)(1) is a member of the uniformed services who-- --

      `(A) is serving on active duty; --

      `(B) was held captive, as determined by the Secretary, and --

      `(C) is repatriated to a site in or outside the United States. -

    `(b) ELIGIBLE FAMILY MEMBERS- (1) In this section, the term `family member' has the meaning given the term in section 411h(b) of this title. -

    `(2) If no family member is able to travel to the repatriation site, such travel and transportation allowances may be provided to not more than two persons related to and selected by the member. -

    `(c) 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 subsection (a)(2) or (b)(2), 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 under section 404(d) of this title. -

    `(3) The transportation authorized by subsection (a) may be provided by any of the means described in section 411h(d)(1) of this title.

    `(4) An allowance under this subsection may be paid in advance. -

    `(5) Reimbursement payable under this subsection may not exceed the cost of government-procured round-trip air travel.'.

    (b) CIVILIAN CAPTIVES- 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- (1) Under uniform regulations prescribed by the head of an agency, travel and transportation described in subsection (c) may be provided for not more than three family members of an employee described in paragraph (3). In circumstances determined to be appropriate by the head of an agency, the head of an agency may waive the limitation on the number of family members provided travel and transportation under this section.

    `(2) In addition to the persons authorized to be provided travel and transportation under paragraph (1), the head of an agency may provide such travel and transportation to an attendant to accompany a family member described in paragraph (3) if the head of an agency concerned determines-- -

      `(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 subsection (a) is able to serve as an attendant for the family member.

    `(3) An employee referred to in paragraph (a)(1) is an employee as defined in section 2105 of this title who-- --

      `(A) was held captive, as determined by the head of an agency, and --

      `(B) is repatriated to a site in or outside the United States. -

    `(b) ELIGIBLE FAMILY MEMBERS- (1) In this section, the term `family member' has the meaning given the term in section 411h(b) of title 37. -

    `(2) If no family member is able to travel to the repatriation site, such travel and transportation allowances may be provided to not more than two persons related to and selected by the member. -

    `(c) 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 subsection (a)(2) or (b)(2), 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 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.'.

    (c) CLERICAL AMENDMENT- (1) The table of sections at the beginning of chapter 7 of title 37 is amended by adding at the end the following new item:

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

    (2) The table of sections at the beginning of chapter 57 of title 5 is amended by adding at the end the following new item:

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

SEC. 1052. RESEARCH, DEVELOPMENT, TEST AND EVALUATION FOR TRANSPORTATION RELATED PROGRAMS.

    (a) IN GENERAL- Chapter 6 title 10, United States Code, is amended by inserting after section 164 the following new section:

`Sec. 164a. Combatant command research and development -

    `(a) The Secretary of Defense may authorize the Commander, United States Transportation Command, to--

      `(1) develop and acquire transportation and distribution-peculiar equipment; -

      `(2) acquire transportation and distribution-peculiar material, supplies, and services; and -

      `(3) coordinate efforts with the Services and industry for developing, testing, and fielding advance technologies relative to transportation and the distribution process.

    `(b) In addition to the activities of a combatant command for which funding may be

requested under section 166(b) of this title, a budget proposal for the Transportation Command shall include requests for funding for-- -

      `(1) development and acquisition of transportation and distribution-peculiar equipment; and -

      `(2) acquisition of other material, supplies, or services that are peculiar to transportation and distribution activities. -

    `(c) The Secretary of Defense may prescribe regulations for the activities of the Transportation Command. Such regulations may include safeguards to preclude duplication of efforts. Basic aircraft, ship, truck and railcar research, development and acquisition shall remain the responsibility of the Service Secretaries.'. -

    `(b) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 164 the following new item:

      `164a. Combatant command research and development.'.

Subtitle G--Other Matters

SEC. 1061. PILOT PROGRAM FOR THE EMPLOYMENT, USE, AND STATUS OF RESERVE CIVILIAN MARINERS.

    (a) AUTHORITY- Chapter 1007 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 10219. Reserve civilian mariners pilot program -

    `(a) AUTHORITY- Notwithstanding any other provision of law, the Secretary of the Navy may conduct a pilot program to condition the employment of certain civil service mariners of the Military Sealift Command on their enrollment and continued membership in a new, specialized and limited category of the Naval Reserve that is subject to activation in order to serve on certain designated warships. Subject to the limitations in section (e), the Secretary is authorized to designate vessels to participate in the pilot program and may prescribe regulations to implement this section.

    `(b) APPLICATION- The provisions of subsection (a) shall apply only to: -

      `(1) civil service mariners of the Military Sealift Command employed on the date of enactment of this section who elect to serve on designated warships; and -

      `(2) any civil service mariner appointed to a position and assigned to serve on designated warships after the date of enactment of this section. -

    `(c) ACTIVATION- (1) The Secretary of the Navy may activate Reserve civilian mariners only when the warships on which they serve are conducting operations in which members of the armed forces are or may become involved in military actions, operations, or hostilities against an enemy of the United States or against an opposing military force. -

    `(2) Reserve civilian mariners shall be subject to the Uniform Code of Military Justice only when activated pursuant to paragraph (1). -

    `(3) When activated, Reserve Civilian Mariners will perform navigation, vessel engineering, steward and housekeeping functions, deck department duties, shipboard security, firefighting, and similar vessel support functions. -

    `(4) The rights and benefits contained in subpart F of part III of title 5 shall not apply to Reserve civilian mariners on active duty. -

    `(d) BENEFITS- (1) When activated pursuant to this section, a Reserve civilian mariner shall retain his status as an employee of the Department of the Navy within the meaning of section 2105 of title 5 for purposes of retaining and continuing to be entitled to: -

      `(A) leave without loss of, or reduction in, pay (including overtime) as a civil service employee pursuant to subparts D and E of part III of title 5; -

      `(B) leave to which such mariner otherwise would have been entitled as a civil service employee pursuant to subpart E of part III of title 5; -

      `(C) credit for time or service, or performance or efficiency rating for each day of activation as applicable to a civil service employee pursuant to subparts C and G of part III of title 5; -

      `(D) allowances, entitlements, emoluments and benefits pursuant to subpart G of part III of title 5; and

      `(E) such additional compensation, if any, the Secretary of the Navy deems appropriate. -

    `(2) Notwithstanding section 8906(e)(3)(B)(iv) of title 5, with respect to any period of activation of more than 30 days under this section, in lieu of providing any military health care benefits under chapter 55 of this title, the Department of the Navy shall pay both the employee and Government contributions, and any additional administrative expenses otherwise chargeable to the employee, with respect to health care coverage for an activated Reserve civilian mariner and his family in accordance with section 8906(e)(3) of title 5. -

    `(3) Reserve civilian mariners shall not be entitled to or be paid any rights or benefits under section 12741 of this title as a result of activation under this section. -

    `(4) Activation shall not exceed the maximum number of days of military leave authorized for Federal civil service employees under 6323 of title 5 unless the Secretary waives this limit due to military exigency. -

    `(e) DEFINITION- For purposes of this section, the term `designated warship' is limited to a vessel under the command of a commissioned Navy officer or a commissioned officer of the United States Armed Services, that is designated `USS' and is also: -

      `(1) a vessel designed for or employed primarily as a command and control vessel, designated Amphibious Command Ship (LCC), Miscellaneous Command Ship (AGF), or Joint Command Ship (JCC); -

      `(2) a vessel designed for or primarily employed as an afloat forward staging base in support of aircraft engaged in combat, small boats engaged in combat, or special warfare operations; --

      `(3) a submarine tender; or -

      `(4) a Seabasing vessel or Seabasing support vessel.

    `(f) EXPIRATION AND REPORTING REQUIREMENT- (1) Not later than October 1, 2008, the Secretary of the Navy will provide a report on the pilot program to the Secretary of Defense.

    `(2) The authority for this program shall expire on September 30, 2010.'.

    (b) MILITARY LEAVE- Section 6323(d)(1) of title 5, United States Code, is amended by inserting `, or a civil service mariner of the Military Sealift Command who is a member of the Naval Reserve pursuant to section 10219 of title 10 and serving aboard a designated warship,' after `section 8401(30)'.

    (c) CLERICAL AMENDMENTS- (1)(A) The heading of section 6323 of such title is amended to read as follows:

`Sec. Military leave; reserves, national guardsmen, and reserve civilian mariners'.

    (B) The item for such section in the table of sections at the beginning of chapter 63 of such title is amended to read as follows:

      `6323. Military leave; reserves, national guardsmen, and reserve civilian mariners.'.

    (2) The table of sections at the beginning of chapter 1007 of title 10, United States Code, is amended by adding at the end the following new item:

      `10219. Reserve civilian mariners pilot program.'.

SEC. 1062. DELETION OF OBSOLETE DEFINITIONS IN TITLES 10 AND 32, UNITED STATES CODE.

    (a) Deleting Obsolete Definition of `Territory' in Title 10- Title 10, United States Code, is amended--

      (1) by striking paragraph (2) of section 101(a);

      (2) by striking the terms `Territory or', `or Territory', `a Territorial Department,', `or a Territory', `Territory and', `its Territories,', and `and Territories' each place they appear in the following sections: 101(a)(3), 332, 822, 1072, 1103, 2671, 3037, 5148, 8037, 8074, 12204, and 12642;

      (3) by striking the terms `Territory,', and `Territories,' each place they appear in the following sections: 849, 858, 888, 2668, 2669, 7545, and 9773;

      (4) in section 808, by striking `Territory, Commonwealth, or possession,' and inserting `Commonwealth, possession,';

      (5) by striking `Territories, Commonwealths, or possessions each place it appears and inserting `Commonwealths or possessions' in the following sections: 846, 847, 2734, 3062, 3074, 4747, 4778, 5986, 7652, 7653, 8062, 9778, and 12406;

      (6) by Striking `Territories, Commonwealths, and possessions' each place it appears and inserting `Commonwealths and possessions' in the following sections: 3062, 3074, 4747, 4778, 8062, and 9778;

      (7) in section 312, by striking `States and Territories, and Puerto Rico' and inserting `States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands';

      (8) in section 335, by striking `the unincorporated territories of';

      (9) in sections 4301 and 9301, by striking `State or Territory, Puerto Rico, or the District of Columbia' each place it appears and inserting `State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands';

      (10) in sections 4685 and 9685, by striking `State or Territory concerned' each place it appears and inserting `State concerned or Guam or the Virgin Islands' and by striking `State and Territorial' each place it appears and inserting `State, Guam, and the Virgin Islands';

      (11) in section 7851, by striking `States, the Territories, and the District of Columbia' and inserting `States, the District of Columbia, Guam, and the Virgin Islands'; and

      (12) In section 7854, by striking `any State, any Territory, or the District of Columbia' and inserting `any State, the District of Columbia, Guam, or the Virgin Islands'.

    (b) Deleting Obsolete Definition of `Territory' in Title 32- Title 32, United States Code, is amended--

      (1) by striking paragraph (1) of section 101 and inserting `(1) For purposes of other laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States, `Territory' includes Guam and the Virgin Islands.';

      (2) in sections 103, 104(c), 314, 315, 708(d), and 711, by striking `State and Territory, Puerto Rico and the District of Columbia' and `State or Territory, Puerto Rico, and the District of Columbia' each place they appear and inserting `State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands';

      (3) in sections 104(d), 107, 109, 503, 703, 704, 710, and 712, by striking `State or Territory, Puerto Rico or the District of Columbia' and `State or Territory, Puerto Rico, the Virgin Islands or the District of Columbia' each place they appear and inserting `State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands';

      (4) in sections 104(a), 505, 702(a), and 708(a), by striking `State or Territory and Puerto Rico' and `State or Territory, Puerto Rico' each place they appear and inserting `State, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands';

      (5) in section 324, by striking `State or Territory of whose National Guard he is a member, or by the laws of Puerto Rico, or the District of Columbia, if he is a member of its National Guard' and inserting `State of whose National Guard he is a member, or by the laws of the Commonwealth of Puerto Rico, or the District of Columbia, Guam, or the Virgin Islands, whose National Guard he is a member';

      (6) in section 325, by striking `State or Territory, or of Puerto Rico' and `State or Territory or Puerto Rico' each place they appear and inserting `State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands'; and

      (7) in sections 326, 327, and 501, by striking `States and Territories, Puerto Rico, and the District of Columbia' each place it appears and inserting `States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands'.

SEC. 1063. REORGANIZATION OF AND TECHNICAL CORRECTIONS TO REAL PROPERTY PROVISIONS IN TITLE 10 WITHOUT SUBSTANTIVE CHANGE AND CLARIFICATION OF AUTHORITY RELATING TO THE PENTAGON RESERVATION.

    (a) ACQUISITION AUTHORITY- Section 2663 of title 10, United States Code, is amended to read as follows:

`Sec. 2663. Acquisition: authority

    `(a) IN GENERAL- (1) The Secretary of a military department may have proceedings brought in the name of the United States, in a court of proper jurisdiction, to acquire by condemnation any interest in land, including temporary use, needed for--

      `(A) the site, construction, or operation of fortifications, coast defenses, or military training camps;

      `(B) the construction and operation of plants for the production of nitrate and other compounds, and the manufacture of explosives or other munitions of war; or

      `(C) the development and transmission of power for the operation of plants under subparagraph (B).

    `(2) In time of war or when war is imminent, the United States may, immediately upon the filing of a petition for condemnation under subsection (a)(1), take and use the land to the extent of the interest sought to be acquired.

    `(3) The Secretary of the military department concerned may contract for or buy any interest in land, including temporary use, needed for any purpose named in subsection (a)(1), as soon as the owner fixes a price for it and the Secretary considers that price to be reasonable.

    `(4) The Secretary of the military department concerned may accept for the United States a gift of any interest in land, including temporary use, for any purpose named in subsection (a)(1).

    `(b) LOW-COST INTERESTS IN LAND-

      (1) ACQUISITION AUTHORITY- The Secretary of a military department may acquire any interest in land that--

        `(A)(i) the Secretary determines 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)(i) the Secretary determines 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) ACQUISITION OF MULTIPLE PARCELS- This subsection does not apply to the acquisition, as a part of the same project, of more than one parcel of land unless the parcels are noncontiguous or, if contiguous, unless the total cost is not more than $750,000, in the case of an acquisition under paragraph (1)(A), or $1,500,000, in the case of an acquisition under paragraph (1)(B).

      `(3) FUND SOURCE- 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 this subsection.

    `(c) INTERESTS IN LAND WHEN NEED IS URGENT- (1) The Secretary of a military department may acquire any interest in land that--

      `(A) the Secretary determines is needed in the interest of national defense;

      `(B) 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 required 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 purposes of this subsection.

    `(d) EXTENT 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- Chapter 159 of such title is amended by inserting after section 2663 the following new section:

`Sec. 2664. Acquisition: limitations

    `(a) AUTHORIZATION REQUIRED- No military department may acquire real property not owned by the United States unless the acquisition is expressly authorized by law. The foregoing limitation shall not apply to the acceptance by a military department of real property acquired under the authority of the Administrator of General Services to acquire property by the exchange of Government property pursuant to subtitle I of title 40 (40 U.S.C. 101 et seq.) and title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251 et seq.)

    `(b) COST LIMITATIONS- (1) Except as provided in paragraph (2), the cost authorized for a land acquisition project may be increased by not more than 25 percent of the amount appropriated for the project by Congress or 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, if the Secretary concerned determines (i) that such an increase is required for the sole purpose of meeting unusual variations in cost, and (ii) that such variations in cost could not have been reasonably anticipated at the time the project was originally approved by Congress.

    `(2) A land acquisition project may not be placed under contract if, based upon the agreed price for the land or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land--

      `(A) the scope of the acquisition, as approved by Congress, is proposed to be reduced by more than 25 percent; or

      `(B) the agreed price for the land or, in the case of land to be acquired by condemnation, the amount to be deposited with the court as just compensation for the land, exceeds the amount appropriated for the project by more than (i) 25 percent, or (ii) 200 percent of the amount specified by law as the maximum amount for a minor military construction project, whichever is lesser, until paragraph (3) is complied with.

    `(3) The limitations on reduction in scope or increase in cost of a land acquisition in paragraph (2) do not apply if the reduction in scope or the increase in cost, as the case may be, is approved by the Secretary concerned and a written notification of the facts relating to the proposed reduced scope or increased cost (including a statement of the reasons therefor) is submitted by the Secretary concerned to the Congressional defense committees. A contract for the acquisition may then be awarded only after a period of 21 days elapses from the date the notification is received by the committees or, if over sooner, a period of 14 days elapses from the date on which a copy of that notification is provided in an electronic medium pursuant to section 480 of this title.

    `(4) The Secretary concerned shall promptly pay any deficiency judgment against the United States awarded by a court in an action for condemnation of any interest in land or resulting from a final settlement of an action for condemnation of any interest in land. Payments

under this paragraph may be made from funds available to the Secretary concerned for military construction projects and without regard to the limitations of paragraphs (2) and (3).

    `(c) COMMISSIONS ON LAND PURCHASE CONTRACTS- The maximum amount payable as a commission on a contract for the purchase of land from funds appropriated for the Department of Defense is two percent of the purchase price.'.

    (c) REPEAL OF RELOCATED SECTIONS- Subsection (c) of section 2661 and sections 2672, 2672a, and 2676 of such title are repealed.

    (d) CLERICAL AMENDMENTS- The table of sections at the beginning of chapter 159 of such title 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) Transfer of Ford Island Provision in Title 10- (1) Section 2814 of such title is transferred to chapter 645 of subtitle C of such title, and is redesignated as section 7525.

    (2) TECHNICAL AMENDMENTS- Section 7525(I), as transferred and redesignated by paragraph (1), is amended in paragraphs (2) and (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.'.

    (f) TECHNICAL CORRECTION- Section 2665 of such title is amended-- --

      (1) by striking subsection (a); -

      (2) in subsection (c), by striking `subsection (a) or (b)' and inserting `subsection (b)'; and -

      (3) in subsection (f)(2), by striking `subsections (a) and (b)' and inserting `subsection (b)'. -

    (g) Application of Chapter 159 Authorities to Pentagon Reservation- Section 2661 of such title, as amended by subsection (c) of this section, is further amended by adding at the end the following new subsection:

    `(c) APPLICATION OF CHAPTER TO PENTAGON RESERVATION- In this chapter, the terms `Secretary concerned' and `Secretary of a Military Department' include the Secretary of Defense with respect to the Pentagon Reservation.'.

SEC. 1064. TECHNICAL, CLERICAL, AND CONFORMING AMENDMENTS.

    (a) CONFORMING AMENDMENTS TO DEFINITION OF `CONGRESSIONAL DEFENSE COMMITTEES'- Title 10, United States Code, is amended as follows:

      (1) Sections 2694a(e), 2803(b), 2804(b), 2805(b)(2), 2806(c)(2), 2807(b), 2807(c), 2808(b), 2809(f)(1), 2811(d), 2812(c)(1)(A), 2813(c), 2814(a)(2)(A), 2814(g)(1), 2825(b)(1), 2827(b), 2828(f), 2835(g), 2836(f), 2837(c)(2), 2853(c)(2), 2854(b), 2854a(c)(1), 2865(e)(2), 2866(c)(2), 2875(e), 2881a(d)(2), 2881a(e), 2883(f), and 2884(a), are amended by striking `appropriate committees of Congress' in each place it appears and inserting `congressional defense committees'.

      (2)(A) Subsection (c) of section 2801 is amended by striking paragraph (4) and inserting the following new paragraph (4): --

      `(4) The term `congressional defense committees' includes, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.'.

      (B) Section 2694a is amended by striking subsection (i) and inserting the following new subsection (i):

    `(i)(1) DEFINITION OF SECRETARY CONCERNED- The term `Secretary concerned' means the Secretary of a military department.

    `(2) DEFINITION OF STATE- The term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.'. -

    (b) CLERICAL AND CONFORMING AMENDMENTS FOR THE DEFINITION OF `BASE CLOSURE LAWS'- (1) Section 2871 of title 10, United States Code, is amended by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively.

    (2) Title 5, United States Code, is amended by striking paragraph (1) of section 3341(c) and inserting the following new paragraph (1):

    `(1) the term `base closure law' has the meaning given such term in section 101(a)(17) of title 10.'.

    (3) Title 40, United States Code, is amended--

      (A) by striking paragraph (1) of section 554(a) and inserting the following new paragraph (1):

      `(1) BASE CLOSURE LAW- The term `base closure law' has the meaning given such term in section 101(a)(17) of title 10.'; and

      (B) by striking subparagraph (B) of paragraph (1) of section 572(b) and inserting the following new subparagraph (B):

      `(B) BASE CLOSURE LAW- The term `base closure law' has the meaning given such term in section 101(a)(17) of title 10.'.

    (4) Section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510, 42 U.S.C. 9620(h)) is amended by striking clause (ii) of subparagraph (E) of paragraph (4) and inserting the following new clause (ii): -

    `(ii) For purposes of this paragraph, the term `base closure law' has the meaning given such term in 10 U.S.C. 101(a)(17).'.

    (5) The National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 107 Stat. 1800) is amended by striking paragraph (1) of section 1333(i) and inserting the following new paragraph (1): -

    `(1) The term `base closure law' has the meaning given such term in 10 U.S.C. 101(a)(17).'.

    (6) The National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337, 108 Stat. 3056) is amended by striking section 2814(b) and inserting the following new subsection (b):

    `(b) BASE CLOSURE LAW DEFINED- The term `base closure law' has the meaning given such term in 10 U.S.C. 101(a)(17).'.

    (7) The Act of November 13, 2000, entitled `An Act to Amend the Organic Act of Guam, and for other purposes' (Public Law 106-504; 114 Stat. 2309), is amended by striking paragraph (2) of section 1(c) and inserting the following new paragraph (2): -

      `(2) The term `base closure law' has the meaning given such term in 10 U.S.C. 101(a)(17).'.

    (c) CONFORMING AMENDMENT TO DEFENSE ENVIRONMENTAL RESTORATION PROGRAM- Section 2703(b) of title 10, United States Code, is amended by striking `The terms `unexploded ordnance', `discarded military munitions', and' and inserting `The terms `discarded military munitions' and'. -

    (d) TECHNICAL CORRECTION TO 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'.

SEC. 1065. PROHIBIT UNAUTHORIZED WEARING, MANUFACTURE, OR SALE OF --CIVILIAN MEDALS OR DECORATIONS.

    Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 1135. Civilian medals or decorations of the Department of Defense

    `(a) PROHIBITION- Except with the written permission of the Secretary of Defense, no person may knowingly use, in connection with any merchandise, retail product, impersonation, solicitation, or commercial activity in a manner reasonably calculated to convey the impression that such use is approved, endorsed, or authorized by the Secretary, medals, decorations, or other insignia intended for recognition of Department of Defense civilian employees and other civilian individuals who render service to the Department of Defense.

    `(b) AUTHORITY TO ENJOIN VIOLATIONS- Whenever it appears to the Attorney General that any person is engaged or is about to engage in an act or practice which constitutes or will constitute conduct prohibited by subsection (a), the Attorney General may initiate a civil proceeding in a district court of the United States to enjoin such act or practice. Such court shall proceed as soon as practicable to the hearing and determination of such action and may, at any time before final determination, enter such restraining orders or prohibitions, or take such other actions as is warranted, including imposing a civil penalty not to exceed $25,000 for each violation, to prevent injury to the United States or to any person or class of persons for whose protection the action is brought.'.

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

      `1135. Civilian medals or decorations of the Department of Defense.'.

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

SEC. 1101. SCIENCE, MATHEMATICS, AND RESEARCH FOR TRANSFORMATION (SMART) DEFENSE EDUCATION PROGRAM.

    Section 1105 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 1811), is amended to read as follows:

`Sec. 1105. Science, Mathematics, and Research for Transformation (SMART) Defense Education Program--National Defense Education Act (NDEA), Phase I -

    `(a) REQUIREMENT FOR PROGRAM- (1) Notwithstanding the provisions of Chapter 41 of title 5 United States Code, the Secretary of Defense may carry out a program to provide financial assistance for education in science, mathematics, engineering, technology, and foreign languages critical to the national security functions of the Department of Defense and needed in the Department of Defense workforce.

    `(2) The goal of this program is to increase the development, recruitment, and retention of individuals with knowledge, skills and abilities in science, mathematics, engineering, and foreign languages critical to the mission of the Department of Defense.

    `(b) SCHOLARSHIPS AND FELLOWSHIPS- (1) The Secretary of Defense may award a scholarship or fellowship in accordance with this section to a person who-- --

      `(A) is a citizen of the United States; -

      `(B) is pursuing an associates, undergraduate, or advanced degree in a critical skill or discipline described in subsection (a) at an accredited institution of higher education; and -

      `(C) enters into a service agreement with the Secretary of Defense as described in subsection (e). -

    `(2) The amount of the financial assistance provided under a scholarship or fellowship awarded under this section: -

      `(A) may be paid directly to the recipient of such scholarship or fellowship or to an administering entity that shall disburse such funds; -

      `(B) shall be the amount necessary, as determined by the Secretary of Defense, to pay all or part of the expenses associated with education and program participation including, but not limited to, tuition, fees, cost of books, laboratory expenses, equipment, research support, tutors, travel, stipends, room and board, educational enhancement activities such as internships, conferences, meetings, training, and other activities and endeavors that reinforce the education of the participant and prepare him or her to excel when they begin fulfilling the service agreement under section (e). -

    `(c) RELATIONSHIP TO OTHER LAW- The Secretary of Defense may use the authorities set forth in section 2192 of title 10, United States Code, in furtherance of the program described in subsection (a) of this section.

    `(d) EMPLOYMENT OPTION- The Secretary of Defense may--

      `(1) retain an employee, in an over-strength position--

        `(A) during pursuit of his or her degree, and

        `(B) for a period not to exceed two years after completion of the degree, provided-- -

          `(i) there is no readily available appropriate position for the employee and -

          `(ii) there is an active and ongoing effort to identify and assign the employee to an appropriate position as soon as practicable. -

      `(2) if there is no appropriate position available after two years, separate an employee described under this subsection without regard to any other provisions of law.

      `(3) require an employee appointed under this subsection to complete any remaining period of obligated service under subsection (d) upon assignment to an available appropriate position. -

      `(4) apply subsections (1) through (3) of this section to the initial appointment to an appropriate position of any person who has-- ---

        `(A) received financial assistance under this program, or

        `(B) completed his or her degree. -

    `(e) SERVICE AGREEMENT FOR RECIPIENTS OF ASSISTANCE- (1) To receive financial assistance under this section-- --

      `(A) in the case of an employee of the Department of Defense, the employee shall be required to enter into a written agreement to continue in the employment of the department for the period of obligated service determined under paragraph (2) of this subsection; and --

      `(B) in the case of a person not an employee of the Department of Defense, the person shall be required to enter into a written agreement to accept employment in the Department of Defense for the period of obligated service determined under paragraph (2) of this subsection. -

    `(2) For the purposes of this section, the period of obligated service for a recipient of a scholarship or fellowship shall be determined by the Secretary of Defense. Generally, the period of obligated service may not be less than the total period for which the recipient was provided financial assistance. The period of obligated service is in addition to any other period for which the recipient is obligated to serve in the civil service of the United States. -

    `(3) An agreement entered into under this subsection shall include any terms and conditions that the Secretary of Defense determines necessary to protect the interests of the United States or otherwise appropriate for carrying out this section.

    `(f) REFUND FOR PERIOD OF UNSERVED OBLIGATED SERVICE- (1) A person who is not an employee under this program, but who receives financial assistance under this section and who 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 issued by the Secretary, shall refund to the United States an appropriate amount, as determined by the Secretary;

    `(2) A person who is an employee under this program who--

      `(A) 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 issued by the Secretary; or ---

      `(B) before completion of the period of obligated service required-- ----

        `(i) voluntarily terminates his or her employment, or -

        `(ii) is removed from his or her employment on the basis of misconduct, shall refund to the United States an appropriate amount, as determined by the Secretary of Defense. -

    `(3) An obligation to reimburse the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. -

    `(4) The Secretary of Defense may waive, in whole or in part, a refund required under paragraph (1) of this subsection 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.

    `(5) A discharge in bankruptcy under title 11, United States Code, that is entered less than five years after the termination of an agreement under this section does not discharge the person signing such agreement from a debt arising under such agreement or under this subsection.

    `(g) CRITICAL HIRING NEED- Section 3304(a)(3) of title 5, United States Code, is amended by striking subparagraph (B) and inserting the following new subparagraph:

        `(B)(i) the Office of Personnel Management has determined that there exists a severe shortage of candidates or there is a critical hiring need; or

        `(ii) the candidate is a participant in the Science, Mathematics, and Research for Transformation (SMART) Defense Scholarship Pilot Program under section 1105 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 118 Stat. 2074); or

        `(iii) the candidate is a participant in the Science, Mathematics, and Research for Transformation (SMART) Defense Education Program--National Defense Education Act (NDEA), Phase 1 for Fiscal Year 2006.'.

    `(h) RELATIONSHIP TO OTHER PROGRAMS- The program under this section is in addition to the authorities provided in chapter 111 of title 10, United States Code. The Secretary of Defense shall coordinate the provision of financial assistance under the authority of this section with the provision of financial assistance under the authorities provided in such chapter in order to maximize the benefits derived by the Department of Defense from the exercise of all such authorities. -

    `(i) AUTHORITY TO PROVIDE ADVANCE PAYMENTS--Not withstanding subsections (a) and (b) of section 3324 of title 31, United States Code, and without fiscal year limitation, the Secretary may provide advance payments for allowable and approved expenses incurred under this section.

    `(j) RECEIPT OR SALE OF PROPERTY FOR PROGRAM- In order to conduct the program under this section, the Secretary may--

      `(1) receive money and other property donated, bequeathed, or devised, without condition or restriction other than that it be used for the purpose of conducting the program authorized under this section; and

      `(2) may use, sell, or otherwise dispose of such property for that purpose.

    `(k) REGULATIONS- The Secretary of Defense may issue such regulations as may be necessary to implement this section.

    `(l) DEFINITIONS- For the purposes of this section:

      `(1) The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). -

      `(2) The term `scholarship' means a financial award to a student pursuing an Associates or Bachelors degree.

      `(3) The term `fellowship' means a financial award to a student pursuing a Masters or Doctoral degree. --

      `(4) The term `appropriate position' means a position in which a program participant utilizes his or her education, knowledge, skills, and abilities in a discipline or disciplines critical to the mission of DoD and for which the program participant is receiving or has received financial assistance.'.

SEC. 1102. INCREASED ENROLLMENT FOR CERTAIN DEFENSE INDUSTRY CIVILIANS IN THE DEFENSE PRODUCT DEVELOPMENT PROGRAM.

    `Section 7049(a) of title 10, United States Code, is amended--

      `(1) by inserting `and systems engineering' after `curriculum related to defense product development'; and

      `(2) by striking `10' and inserting `25'.

SEC. 1103. PRIORITY PLACEMENT OF DISPLACED CIVILIAN EMPLOYEES.

    (a) IN GENERAL- Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 1599e. Defense priority placement program

    `(a) PRIORITY PLACEMENT- The Secretary of Defense, at his sole and exclusive discretion and notwithstanding the provisions of title 5, may establish one or more programs to promote stability of employment for Department of Defense civilian employees affected by changing mission requirements, streamlining efforts, overseas rotations (including rotations undertaken pursuant to section 1586 of this title), preferences established by law, and other such actions as the Secretary shall determine, by providing such employees priority consideration, as defined by the Secretary, for placement in other positions within the Department of Defense.

    `(b) CONSTRUCTION- The content of any program developed under subsection (a), and any personnel action undertaken pursuant to such program, shall not be reviewable outside the Department of Defense except to the extent that may be required by the United States Constitution.'.

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

      `1599e. Defense priority placement program.'.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

Subtitle A--Matters Related to Iraq, Afghanistan, and Global War on Terrorism

SEC. 1201. 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) LIMITATIONS- The Secretary of Defense, with the concurrence of the Secretary of State, may implement partnership security capacity building as authorized under section (a). The amount of such partnership security capacity building 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 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 7 days before the provision of such partnership security capacity building. -

    (e) MILITARY AND SECURITY FORCES DEFINED- For purposes of this section, the term `military and security forces' includes armies, guard, border security, civil defense, infrastructure protection, and police forces.

    (f) COMPLEMENTARY AUTHORITY- The authority to build partnership security capacity under this section is in addition to any other authority of the Department of Defense to provide assistance to a foreign country.

SEC. 1202. LOGISTICAL SUPPORT FOR FOREIGN MILITARY FORCES.

    (a) AUTHORITY- The Secretary of Defense, with the concurrence of the Secretary of State, may provide supplies, services, transportation, including airlift and sealift, and other logistical support on a non-reimbursable basis to coalition or other forces participating in, or otherwise supporting, military and stability operations if the Secretary of Defense determines that the participation or support of such forces will eliminate the need to deploy U.S. forces, or reduce the number of U.S. forces deployed, in connection with such an operation. -

    (b) CONGRESSIONAL NOTIFICATION- The Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this section.

SEC. 1203. REIMBURSEMENT OF CERTAIN COALITION COUNTRIES FOR SUPPORT PROVIDED TO U.S. MILITARY OPERATIONS.

    (a) AUTHORITY- From funds available to the Department of Defense for Operation and Maintenance, the Secretary of Defense may, with the concurrence of the Secretary of State, reimburse key cooperating nations for logistical and military support provided, or to be provided, to United States military operations in connection with military action in Iraq, Afghanistan, and the global war on terrorism. -

    (b) DETERMINATIONS- Payments authorized under subsection (a) may be made in such amounts as the Secretary of Defense, in consultation with the Director of the Office of Management and Budget, may determine, in his discretion, based on documentation determined by the Secretary of Defense to adequately account for the support provided. Such determination by the Secretary of Defense shall be final and conclusive upon the accounting officers of the United States.

    (c) LIMITATION ON USE OF AUTHORITY- (1) Payments made under the authority of this section may not exceed $1,500,000,000 in any fiscal year.

    (2) The Secretary of Defense may waive the limitation in paragraph (1) if the Secretary determines that the ability to make additional payments is vital to the national security, and notifies the congressional defense committees of the reasons for that determination.

    (d) CONGRESSIONAL NOTIFICATION- The Secretary of Defense shall notify the congressional defense committees not less than 15 days before making a payment under the authority of this section, and shall provide quarterly reports to such committees on the use of this authority.

SEC. 1204. SECURITY AND STABILIZATION ASSISTANCE.

    (a) IN GENERAL- Notwithstanding any other provision of law, upon a request from the Secretary of State and upon a determination by the Secretary of Defense 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 shall be in addition to any other authority to provide assistance to a foreign country.

    (e) EXPIRATION- The authority in this section shall expire on September 30, 2006.--

Subtitle B--Other Matters

SEC. 1211. WAR RESERVES STOCKPILE, ALLIES, KOREA: TRANSFER OF OBSOLETE OR SURPLUS ITEMS AND FINAL TERMINATION OF PROGRAM.

    (a) ITEMS IN THE WAR RESERVES STOCKPILE, ALLIES, KOREA-

      (1) IN GENERAL- Notwithstanding section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the President is authorized to transfer to the Republic of Korea, on such conditions as the President may determine, any or all of the items described in paragraph (2).-

      (2) COVERED ITEMS- The items referred to in paragraph (1) are munitions, equipment, and materiel such as tanks, trucks, artillery, mortars, general purpose bombs, repair parts, barrier material, and ancillary equipment, if such items are:

        (A) obsolete or surplus items;

        (B) in the inventory of the Department of Defense;

        (C) intended for use as reserve stocks for the Republic of Korea; and

        (D) as of the date of the enactment of this Act, located in a stockpile in the Republic of Korea or Japan.

      (3) DISPOSAL OF REMAINING ITEMS- At the conclusion of negotiations to transfer War Reserves Stockpile, Allies, Korea items to the Republic of Korea, the War Reserves Stockpile, Allies, Korea program will be terminated. Any items that the Republic of Korea does not accept for transfer will be removed and/or disposed of by the Department of Defense.

    (b) VALUATION OF CONCESSIONS- The value of concessions negotiated pursuant to subsection (a) shall be at least equal to the fair market value of the items transferred, less the savings to the Department of Defense from avoiding the cost of removal of the items from the Republic of Korea and/or disposal of the items. The concessions may include cash compensation; services; waiver of charges otherwise payable by the United States, such as charges for demolition of U.S.-owned or U.S.-intended munitions; and other items of value.

    (c) TERMINATION OF AUTHORITY- No transfer may be made under the authority of this section more than 3 years after the date of the enactment of this Act.

SEC. 1212. DEPARTMENT OF DEFENSE REGIONAL CENTERS FOR SECURITY STUDIES; ACCEPTANCE OF GIFTS AND DONATIONS.

    (a) 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) ACCEPTANCE OF GIFTS AND DONATIONS- Subject to paragraph (1) below, the Secretary of Defense may accept, on behalf of one or more Regional Centers, from any source, and may hold, administer, and use, gifts or donations of money or real or personal property or services described in subsection (b) in order to defray the costs of, or enhance the operation of, the Regional Center(s).

      `(1) LIMITATION- The Secretary may not accept a gift or donation under subsection (a) if the acceptance of the gift or donation would compromise or appear to compromise--

        `(A) the ability of the Department of Defense, any employee of the Department or members of the armed forces to carry out the responsibility or duty of the Department in a fair and objective manner; or-

        `(B) the integrity of any program of the Department of Defense or any person involved in such a program.-

      `(2) 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 paragraph (1).

      `(3) SOURCES OF GIFTS AND DONATIONS- The sources from which gifts and donations may be accepted under subsection (a)(1) include any source as limited by (a)(1).-

      `(4) CREDITING OF FUNDS- There is established in the Treasury of the United States a special account to be known as the `Regional Centers for Security Studies Account.' Gifts and donations of money, and the proceeds from the sale of property, received under this subsection (a) shall be credited to the `Regional Centers for Security Studies Account' and shall be available until expended, without further appropriation, to defray the costs of, or enhance the operation of, the Regional Center(s).-

    `(b) DEFINITION OF GIFTS AND DONATIONS- In this section the term `gifts and donations' means gifts and donations of funds, materials (including research materials), property, or services (including lecture services and faculty services).'.-

    (b) CONFORMING AMENDMENTS- (1) Section 1306 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2892), is repealed.

    (2) Section 1065 of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2653), is amended--

      (A) by striking subsections (a) and (b); and

      (B) by striking `(c)'.

    (3) Section 1595 of title 10, United States Code, is amended---

      (A) in subsection (c), by striking paragraphs (3) and (5);-

      (B) by redesignating paragraphs (c)(4) and (c)(6) as paragraphs (c)(3) and (c)(4), respectively; and

      (C) by striking subsection (e).

    (c) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 155 of title 10, United States Code, is amended by amending the item relating to section 2611 to read as follows:

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

SEC. 1213. AUTHORITY TO USE APPROPRIATED FUNDS FOR PAYMENT OF ALL COSTS OF ATTENDANCE OF FOREIGN STUDENTS UNDER REGIONAL DEFENSE COMBATING TERRORISM FELLOWSHIP PROGRAM.

    (a) IN GENERAL- Section 2249c of title 10, United States Code, is amended to read as follows:

`Sec. 2249c. Authority to use appropriated funds for all costs of attendance of foreign students under Regional Defense Combating Terrorism Fellowship Program

    `(a) AUTHORITY TO USE FUNDS- Under regulations prescribed by the Secretary of Defense, funds appropriated to the Department of Defense for the Combating Terrorism Fellowship Program (CTFP) may be used to provide training for military and civilian personnel of foreign armed forces, ministries of defense, or other foreign government agencies with anti-terrorism or counter-terrorism responsibilities to assist in the development of effective national and regional programs to combat terrorism. Education and training may be provided at military or civilian educational institutions, regional centers, conferences, seminars, or similar events. Funds made available for such purpose may be used to cover all costs associated with such education and training, including the costs of transportation, travel and subsistence costs, related orientation programs, and the cost of United States Government personnel participation when it is necessary to facilitate the education and training.

    `(b) LIMITATION- The total amount of funds used under the authority in subsection (a) in any fiscal year may not exceed $20,000,000.'.-

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 134 of such title is amended by amending the item relating to section 2249c to read as follows:

      `2249c. Authority to use appropriated funds for all costs of attendance of foreign students under Regional Defense Combating Terrorism Fellowship Program.'.

SEC. 1214. HUMANITARIAN AND CIVIC ASSISTANCE WITH RESPECT TO THE DETECTION AND CLEARANCE OF LANDMINES AND EXPLOSIVE REMNANTS OF WAR.

    Chapter 20 of title 10, United States Code, is amended--

      (1) in section 401--

        (A) by striking paragraphs (a)(4), (c)(3), and (e)(5), and subparagraph (c)(2)(B); and

        (B) by redesignating paragraph (c)(4) as (c)(3);

      (2) at the end of such chapter, by adding the following new section:

`Sec. 406. Humanitarian assistance with respect to the detection and clearance of landmines -and explosive remnants of war

    `(a) IN GENERAL- (1) Under regulations prescribed by the Secretary of Defense, United States Armed Forces and Department of Defense civilian technicians may provide on-site education, training, and technical assistance in support of the physical detection, clearance or destruction of landmines or explosive remnants of war in a foreign country, if these activities will promote--

      `(A) the security interests of both the United States and the country in which the activities are to be carried out; or

      `(B) the specific operational readiness skills of the members of the armed forces who participate in the activities.

    `(2) The Secretary of Defense shall ensure that no U.S. military personnel, while providing assistance under this section--

      `(A) engages in the physical detection, clearance or destruction of landmines or explosive remnants of war (unless the member does so for the concurrent purpose of supporting a United States military operation); or

      `(B) provides such assistance as part of a military operation that does not involve the U.S. Armed Forces.

    `(3) Humanitarian mine action assistance may not be provided under this section to any foreign country unless the Secretary of State specifically approves the provision of such assistance.

    `(b) AUTHORIZATION AND LIMITATIONS- (1) To the extent provided in law, funds authorized to be appropriated to the Department of Defense for a fiscal year for humanitarian mine action assistance shall be used for the purpose of providing assistance under this section.

    `(2) Expenses covered include the following expenses incurred:-

      `(A) Travel, transportation, and subsistence expenses of Department of Defense personnel providing such assistance.

      `(B) The cost of any equipment, services, transportation, or supplies acquired for the purpose of carrying out or supporting activities under this section, including any nonlethal, individual or small-team landmine or explosive remnant of war clearing equipment or supplies that are to be transferred or otherwise furnished to a foreign country in furtherance of the provision of assistance under this section.--

      `(C) The cost of equipment, services, transportation, and supplies provided in any fiscal year under paragraph (2)(B) may not exceed amounts appropriated for this purpose in any fiscal year.-

    `(3) Assistance may not be provided to any foreign country under this section unless the Secretary of State specifically approves the provision of such assistance.'; and

      (3) by adding at the end of the table of sections at the beginning of such chapter the following new item:

      `406. Humanitarian assistance with respect to the detection and clearance of landmines and explosive remnants of war.'.

SEC. 1215. MODIFICATION OF THE GEOGRAPHIC RESTRICTION OF BILATERAL OR REGIONAL COOPERATION PROGRAMS: PAYMENT OF PERSONNEL EXPENSES.

    Paragraph 1051(b)(1) of title 10, United States Code, is amended to read as follows:

    `(1) Except as provided in paragraphs (2) and (3), expenses authorized to be paid under subsection (a) may be paid on behalf of personnel from a developing country only in connection with travel to and within the area of responsibility of the unified combatant command (as such term is defined in section 161(c) of this title) or in connection with travel to Canada or Mexico.'.

SEC. 1216. TRAVEL EXPENSES SUPPORT OF COALITION LIAISON OFFICERS.

    Section 1051a of title 10, United States Code, is amended--

      (1) in subsection (b), by adding at the end the following new paragraph:

      `(3) The Secretary may pay the mission-related travel expenses of any foreign military officer involved in coalition operations while temporarily assigned to the headquarters of a combatant command, component command, or subordinate operational command, when the commander directs round-trip travel from the assigned headquarters to various locations and such travel is determined to be in support of United States national interests.'; and

      -(2) in subsection (e), by striking `2005' and inserting `2009'.

SEC. 1217. HUMANITARIAN AND CIVIC ASSISTANCE PROVIDED TO HOST NATIONS IN CONJUNCTION WITH MILITARY OPERATIONS.

    Section 401 of title 10, United States Code is amended--

      (1) in subsection (c)(3), by striking `$5,000,000' and inserting `$10,000,000'; and

      (2) in subsection (e)(1), by inserting `, including education, training, and technical assistance related to the care provided' before the period at the end.

SEC. 1218. EXPANSION OF HUMANITARIAN AND CIVIC ASSISTANCE TO INCLUDE DEVELOPING COMMUNICATIONS AND INFORMATION CAPACITY.

    Section 401 of title 10, United States Code, is amended--

      (1) in subsection (c), by adding at the end the following new paragraph:

      `(5) Expenses covered by paragraph (1) include communications or information systems equipment or supplies that are to be transferred or otherwise furnished to a foreign country in furtherance of the provision of assistance under this section.'; and

      (2) in subsection (e), by adding at the end the following new paragraph:

      `(6) Restoring or developing the capacity of the host nation's information and communications technology, including activities relating to the furnishing of education, training, and technical assistance with respect to information and communications technology.'.

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

SEC. 1301. PERMANENT WAIVER OF RESTRICTIONS ON USE OF FUNDS FOR THREAT REDUCTION IN STATES OF THE FORMER SOVIET UNION AND ELSEWHERE.

    Section 1306 of the National Defense Authorization Act for Fiscal Year 2003 (Public Law 106-136; 116 Stat. 2673) is amended--

      (1) by striking subsections (c) and (d); and

      (2) by redesignating subsection (e) as subsection (c).

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(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 
-----------------------------------------------------------------------------
Alaska-        Fort Wainwright-                                  $33,560,000 
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 Stewart/Hunter Army Air Field                $57,980,000 
Hawaii-        Pohakuloa Training Area-                          $43,300,000 
               Schofield Barracks-                              $53,900,000- 
Kansas-        Fort Riley--                                      $23,000,000 
Kentucky       Fort Campbell-                                   $104,575,000 
Louisiana-     Fort Polk-                                        $28,887,000 
Missouri       Fort Leonard Wood                                  $8,100,000 
New York       Fort Drum-                                        $63,650,000 
 -             United States Military Academy, West Point-        $4,000,000 
North Carolina Fort Bragg -                                $289,850,000----- 
Oklahoma-      McAlester-                                         $5,400,000 
               Fort Sill                                    $2,700,000------ 
Texas          Fort Hood                                         $46,438,000 
Utah           Dugway Proving Ground                             $25,000,000 
Virginia       Fort A.P. Hill-                                    $2,700,000 
               Fort Belvoir--                                    $18,000,000 
               Fort Myer--                                       $15,200,000 
Washington     Fort Lewis                                        $99,949,000 
                 Total                                        $1,057,772,000 
-----------------------------------------------------------------------------

    (b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(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            $114,162,000 
         Yongpyong                   $1,450,000 
           Total                   $204,947,000 
------------------------------------------------

SEC. 2102. FAMILY HOUSING.

    (a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant to the authorization of appropriations in section 2104(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 Ground      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(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(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.

    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 $2,842,470,000 as follows:

      (1) For military construction projects inside the United States authorized by section 2101(a), $1,079,901,000.

      (2) For military construction projects outside the United States authorized by section 2101(b), $218,547,000.

      (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, $161,393,000.

      (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. 2100), $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. 2100), $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. 2100), $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. 2100), $25,470,000.--

      (11) For the construction of phase 2 of a barracks complex at Vilseck, Germany, 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), $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. 2100), $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. 2100), $41,000,000.

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(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 Station, North Island-                      $13,700,000 
               Naval Air Warfare Center, China Lake                  $19,158,000 
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 
Georgia        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 
Maryland       Naval Air Warfare Center, Patuxent River               $5,800,000 
               United States Naval Academy, Annapolis                $51,720,000 
New Jersey     Naval Weapons Station, Earle                          $16,652,000 
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                    $2,530,000 
Texas          Naval Air Station, Kingsville                          $6,010,000 
Virginia       Marine Corps Air Field, Quantico                      $19,698,000 
               Marine Corps Base, Quantico                           $14,791,000 
               Naval Air Station, Oceana                             $11,680,000 
               Naval Amphibious Base, Little Creek                   $36,034,000 
               Naval Station, Norfolk                               $111,033,000 
Washington-    Naval Station, Everett                                $70,950,000 
               Naval Submarine Base, Bangor                          $60,160,000 
                 Total-                                             $939,498,000 
---------------------------------------------------------------------------------

    (b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2204(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 
----------------------------------------------

    (c) UNSPECIFIED WORLDWIDE- Using the amounts appropriated pursuant to the authorization of appropriations in section 2204(3), the Secretary of the Navy may acquire real property and carry out military construction projects for unspecified installations or locations in the amount set forth in the following table:

Navy: Unspecified Worldwide
-----------------------------------------------
Location- Installation or location      Amount 
-----------------------------------------------
          Unspecified Worldwide    $83,010,000 
            Total                  $83,010,000 
-----------------------------------------------

SEC. 2202. FAMILY HOUSING.

    Using amounts appropriated pursuant to the authorization of appropriations in section 2204(5)(A), the Secretary of the Navy may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, for the purposes 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(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.

    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 $1,841,851,000, as follows:

      (1) For military construction projects inside the United States authorized by section 2201(a), $935,134,000.

      (2) For military construction projects outside the United States authorized by section 2201(b), $25,584,000.

      (3) For the military construction projects at unspecified worldwide locations authorized by section 2201(c), $39,019,000.-

      (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $29,512,000.

      (5) For military family housing functions:

        (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $218,942,000.

        (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $593,660,000.

      (6) For the construction of increment 2 of the Presidential Helicopter program support facility at Naval Air Station, Patuxent River, Maryland, authorized by section 2201(c) of the Military Construction Authorization Act for Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2100), $40,700,000.-

      (7) For the construction of increment 2 of the hangar recapitalization and west apron 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. 2100), $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 Naval Submarine Base, Bangor, Washington, authorized by section 2201(a) of the Military Construction Authorization Act of Fiscal Year 2005 (division B of Public Law 108-375; 118 Stat. 2100), $47,095,000.

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(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                     $31,600,000 
                     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              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                     $5,678,000 
Idaho                Mountain Home Air Force Base               $9,835,000 
Massachusetts        Hanscom  Air Force Base                   $10,000,000 
Mississippi          Keesler  Air Force Base                   $47,500,000 
Nebraska             Offutt Air Force Base                     $50,280,000 
Nevada               Indian Springs Air Force Auxiliary Field  $60,724,000 
                     Nellis Air Force Base                     $19,570,000 
New Jersey           McGuire  Air Force Base                   $13,185,000 
New Mexico           Kirtland  Air Force Base                   $6,600,000 
North Dakota         Minot  Air Force Base                      $8,700,000 
Ohio                 Wright-Patterson  Air Force Base          $19,670,000 
Oklahoma             Tinker  Air Force Base                    $31,960,000 
South Carolina       Charleston  Air Force Base                 $2,583,000 
                     Shaw Air Force Base                        $9,730,000 
Texas                Sheppard  Air Force Base                  $36,000,000 
Utah                 Hill  Air Force Base                      $24,100,000 
Virginia             Langley Air Force Base                    $38,665,000 
                       Total                                  $907,285,000 
---------------------------------------------------------------------------

    (b) OUTSIDE THE UNITED STATES- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(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 Force Base     $18,500,000 
Italy          Aviano Air Base             $22,660,000 
Korea          Kunsan Air Base             $50,900,000 
               Osan Air Base               $40,719,000 
Portugal       Lajes Field, Azores         $12,000,000 
Turkey         Incirlik Air Base            $5,780,000 
United Kingdom Royal Air Force Lakenheath   $5,125,000 
               Royal Air Force Mildenhall  $13,500,000 
                 Total                    $193,308,000 
-------------------------------------------------------

SEC. 2302. FAMILY HOUSING.

    (a) CONSTRUCTION AND ACQUISITION- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(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 
District of Columbia Bolling Air Force Base         159 Units  $48,711,000 
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 Force Base        101 Units  $62,952,000 
                     Spangdahlem Air Force Base     79 Units   $45,385,000 
Turkey               Incirlik Air Force Base        100 Units  $22,730,000 
 United Kingdom      Royal Air Force Lakenheath     107 Units  $48,437,000 
                                                      Total   $790,501,000 
---------------------------------------------------------------------------

    (b) PLANNING AND DESIGN- Using amounts appropriated pursuant to the authorization of appropriations in section 2304(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 $40,404,000.

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(5)(A), the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $420,203,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

    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 $3,087,687,000, as follows:

      (1) For military construction projects inside the United States authorized by section 2301(a), $782,285,000.

      (2) For military construction projects outside the United States authorized by section 2301(b), $193,308,000.

      (3) For unspecified minor military construction projects authorized by section 2805 of title 10, United States Code, $15,000,000.

      (4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, $79,047,000.

      (5) For military family housing functions:

        (A) For construction and acquisition, planning and design, and improvement of military family housing and facilities, $1,251,108,000.

        (B) For support of military family housing (including functions described in section 2833 of title 10, United States Code), $766,939,000.

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(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 
                             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 
                             Yuma Proving Ground, Arizona                                                 $7,300,000 
                             Fort Bragg, North Carolina                                                  $18,075,000 
Defense Education Agency     Fort Stewart/Hunter Army Air Field, Georgia                                 $16,629,000 
                             Augusta, Georgia                                                            $61,466,000 
National Security Agency     Fort Meade, Maryland                                                        $28,049,000 
                             Kunia, Hawaii                                                               $61,466,000 
                             Eglin Air Force Base, Florida                                               $12,800,000 
Special Operations           Fort Bragg, North Carolina                                                  $14,769,000 
Command                      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 
                             Beale Air Force Base, California                                            $18,000,000 
Tri-Care Management Activity 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(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 Activity   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 
Tri-Care 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(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.

    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 $3,349,914,000, as follows:

      (1) For military construction projects inside the United States authorized by section 2401(a), $698,809,000.

      (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 2402, $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, as amended; 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, as amended; 10 U.S.C. 2687 note), $1,880,466,000.

      (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.

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), the following amounts:

      (1) For the Department of the Army--

        (A) for the Army National Guard of the United States, $327,012,000; and

        (B) for the Army Reserve, $106,077,000.

      (2) For the Department of the Navy, for the Naval and Marine Corps Reserve, $45,226,000.

      (3) For the Department of the Air Force--

        (A) for the Air National Guard of the United States, $165,256,000; and

        (B) for the Air Force Reserve, $79,260,000.

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 XXVII 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 therefore) 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 therefore), 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 Authorizations
-------------------------------------------------------------------------------------------
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. 1280), 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, 2005, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2006, 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 Tng Area       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 
--------------------------------------------------------------------------------

TITLE XXVIII--GENERAL PROVISIONS

Subtitle A--Military Construction and Military Family Housing

SEC. 2801. STREAMLINING MILITARY CONSTRUCTION TO REDUCE FACILITY ACQUISITION AND CONSTRUCTION CYCLE TIME.

    (a) THRESHOLDS- (1) Section 2803(c)(1) of title 10, United States Code, is amended by striking `$45,000,000' and inserting `$60,000,000'.

    (2) Section 2805 of title 10, United States Code, is amended---

      (A) in subsection (a)(1)------

        (i) by striking `$1,500,000' and inserting `$3,000,000'; and

        (ii) by striking the last sentence;

      (B) in subsection (b)(1), by striking `$750,000' and inserting `$1,500,000'; and

      (C) in subsection (c)(1), by striking everything following `more than' through the period at the end of subparagraph (B) and inserting `$3,000,000.'.

    (b) CONGRESSIONAL NOTIFICATION- (1) Subsection (b) of section 2803 of title 10, United States Code, is amended by striking the last sentence.

    (2) Subsection (b) of section 2804 of title 10, United States Code, is amended by striking the last sentence.

    (3) Section 2805(b)(1) of title 10, United States Code, is amended by inserting at the end the following new sentence: `This paragraph shall not apply to unspecified minor military construction projects using funds made available for operation and maintenance in accordance with subsection (c).'.

    (4) Section 2807 of title 10, United States Code, is amended--

      (A) by striking subsection (b);

      (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and

      (C) in subsection (b), as redesignated--

        (i), by striking `(1)'; and

        (ii) by striking `, and (2)' and everything that follows up to the end of the sentence.

    (5) Section 2813(c) of title 10, United States Code, is amended--

      (A) by striking `30-day' and inserting `14-day'; and

      (B) by striking `21-day' and inserting `7-day'.

    (6) Subsection (b) of section 2854 of title 10, United States Code, is amended by striking the last sentence.

    (c) COST VARIATIONS- Section 2853(a) of title 10, United States Code, is amended by striking `or 200 percent of the minor construction project ceiling specified in section 2805(a)(1), whichever is less,'.

    (d) CODIFICATION OF COMMITTEE LANGUAGE- Subsection (e) of section 2811 of title 10, United States Code, is amended by adding at the end the following new sentence: `A repair project and a military construction project may be combined so long as, taken together, they result in a complete and usable facility or a complete and usable improvement to an existing facility.'.

SEC. 2802. PURCHASE OF BUILD-TO-LEASE FAMILY HOUSING AT EIELSON AIR--FORCE BASE, ALASKA.

    (a) AUTHORITY TO PURCHASE- 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 subsection (b) if the Secretary determines that the purchase is in the best economic interests of the Air Force.

    (b) 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 the authority of former subsection (g) of section 2828 of title 10, United States Code (now section 2835 of such title), as added by section 801 of the Military Construction Authorization Act, 1984 (Public Law 98-115; 97 Stat. 782).-

    (c) PURCHASE PRICE- The purchase price to be paid by the Secretary under this section for the interest of the developer in the military family housing project may not exceed an amount equal to the fair market value of the military family housing project.

    (d) TIME FOR PURCHASE- (1) Subject to paragraph (2), the Secretary may elect to make the purchase authorized by subsection (a) at any time after the term of the lease for the military family housing project.-

    (2) The Secretary may not make the purchase until 30 days after the date on which the Secretary notifies the congressional defense committees of the Secretary's election to make the purchase under paragraph (1).

SEC. 2803. REPEAL REQUIREMENT TO DETERMINE THE AVAILABILITY OF SUITABLE ALTERNATIVE HOUSING FOR ACQUISITION IN LIEU OF CONSTRUCTION OF NEW FAMILY HOUSING.

    (a) IN GENERAL- Section 2823 of title 10, United States Code, is repealed.-

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 169 of such title is amended by striking the item relating to section 2823.

SEC. 2804. IMPROVEMENTS AT FORT BUCHANAN FOR RESERVE COMPONENT FACILITIES.

    Paragraph 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 facilities and nonappropriated fund facilities.'.

SEC. 2805. INCREASE IN NUMBER OF HIGH-COST LEASES FOR ARMY FAMILY HOUSING IN KOREA.

    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. 2811. EXPAND AUTHORITY TO CONVEY PROPERTY AT MILITARY INSTALLATIONS TO SUPPORT MILITARY CONSTRUCTION.

    (a) EXPANSION OF AUTHORITY- Section 2869(a) of title 10, United States Code, is amended by striking `base closure law' and inserting `base closure law or otherwise determined to be surplus to the needs of the federal government'.-

    (b) CLERICAL AMENDMENTS- (1) The heading for such section is amended to read as follows:

`Sec. 2869. Conveyance of property at military installations to support military construction'.-

    (2) The table of sections at the beginning of chapter 169 of such title is amended by striking the item relating to section 2869 and inserting the following new item:

      `Sec. 2869. Conveyance of property at military installations to support military construction.'.

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Subtitle C--Other Matters

SEC. 2821. STREAMLINING REAL PROPERTY ACTIONS TO REDUCE CYCLE TIME.

    (a) Amendment to Section 2662- Section 2662 of title 10, United States Code, is amended--

      (1) by amending subsection (a) to read as follows:

    `(a) GENERAL NOTICE AND WAIT REQUIREMENTS- The Secretary concerned shall provide a report of the facts concerning the proposed transaction to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives if the estimated price, annual rental, or value exceeds the unspecified minor military construction ceiling in section 2805(a)(1) of this title. Such transactions are--

      `(1) an acquisition of fee title to any real property;

      `(2) a lease of any real property to the United States;

      `(3) a lease or license of real property owned by the United States;

      `(4) a transfer of real property owned by the United States to another Federal agency or another military department or to a State;

      `(5) a report of excess real property owned by the United States to a disposal agency; or

      `(6) any termination or modification by either the grantor or grantee of an existing license or permit to a military department of real property owned by the United States, under which substantial investments have been or are proposed to be made in connection with the use of the property by the military department.';

      (2) in subsection (b), by striking `$750,000' and inserting `the unspecified minor military construction project ceiling in section 2805(a)(1) of this title'; and

      (3) in subsection (e), by striking `$750,000' and inserting `the unspecified minor military construction project ceiling in section 2805(a)(1) of this title'.

    (b) Amendment to Section 2672- Section 2672 of such title is amended)--

      (1) in subparagraph (a)(1)(B), by striking `$750,000' and inserting `the unspecified minor military construction project ceiling insection 2805(a)(1) of this title';

      (2) in subsection (a)--

        (A) by striking `(1)';

        (B) by striking paragraph (2); and

        (C) by redesignating the remaining subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and

      (3) in subsection (b), by striking `$750,000' and everything that follows through the period at the end of the sentence and inserting `the unspecified minor military construction project ceiling in section 2805(a)(1) of this title.'.