H.R.1815 - Inhuman Treatment or Punishment of Detainees 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. view all titles (26)
All Bill Titles
- Popular: Inhuman Treatment or Punishment of Detainees bill.
- Popular: Authorization bill FY2006, Defense.
- Popular: Defense Department FY2006 Authorization bill.
- Popular: Habeas Corpus Lawsuits by Guantanamo Bay Detainees bill.
- Popular: Military Death Gratuity Permanent Increase bill.
- Short: National Defense Authorization Act for Fiscal Year 2006 as introduced.
- Short: Military Construction Authorization Act for Fiscal Year 2006 as introduced.
- Short: National Defense Authorization Act for Fiscal Year 2006 as reported to house.
- Short: Contractors on the Battlefield Regulatory Act as reported to house.
- Short: Military Construction Authorization Act for Fiscal Year 2006 as reported to house.
- Short: National Defense Authorization Act for Fiscal Year 2006 as passed house.
- Short: Contractors on the Battlefield Regulatory Act as passed house.
- Short: Military Construction Authorization Act for Fiscal Year 2006 as passed house.
- Short: National Defense Authorization Act for Fiscal Year 2006 as passed senate.
- Short: Military Construction Authorization Act for Fiscal Year 2006 as passed senate.
- Short: Military Recruiting Initiatives Act of 2005 as passed senate.
- Short: Reservist Access to Veterans Preference Act as passed senate.
- Short: Support Our Scouts Act of 2005 as passed senate.
- Short: United States Policy on Iraq Act as passed senate.
- Short: Veterans' Enhanced Transition Services Act of 2005 as passed senate.
- Short: National Defense Authorization Act for Fiscal Year 2006 as enacted.
- Short: Detainee Treatment Act of 2005 as enacted.
- Short: Military Construction Authorization Act for Fiscal Year 2006 as enacted.
- Short: United States Policy in Iraq Act as enacted.
- Official: 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. as introduced.
- Official: To authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year. as amended by house.
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Official Summary1/6/2006--Public Law. (There are 4 other summaries)National Defense Authorization Act for Fiscal Year 2006 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations - (Sec. 101) Authorizes appropriations for FY2006 for the Army,
1/6/2006--Public Law. (There are 4 other summaries)
National Defense Authorization Act for Fiscal Year 2006 - Division A: Department of Defense Authorizations - Title I: Procurement - Subtitle A: Authorization of Appropriations -
(Sec. 101)Authorizes appropriations for FY2006 for the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement.
(Sec. 104)Authorizes appropriations for FY2006 for defense-wide procurement.
Subtitle B: Army Programs -
(Sec. 111)Authorizes the Secretary of the Army, beginning with the FY2007 program year, to enter into multiyear procurement contracts for UH-60M Black Hawk helicopters and MH-60S Seahawk helicopters.
(Sec. 112)Authorizes the Secretary of the Army, for four program years beginning with the FY2006 program year, to enter into multiyear procurement contracts for:
(1) modernized target acquisition designation sights/night vision sensors for AH-64 Apache attack helicopters; and
(2) conversion of such helicopters to the Block II configuration.
(Sec. 114)Provides that if the Secretary of the Army determines to award a contract for procurement of a new vehicle class for the next-generation tactical wheeled vehicle, such Secretary shall award and execute the acquisition program under that contract as a joint service program with the Marine Corps. Provides the same requirement with respect to the Secretary of the Navy.
(Sec. 115)Requires a report from the Secretary of the Army to the congressional defense and appropriations committees on the complex of programs referred to as the Army Modular Force Initiative.
Subtitle C: Navy Programs -
(Sec. 121)Limits the total amount to be obligated or expended for procurement of five specified Virginia-class submarines. Allows adjustments to such amounts due to inflation, changes in federal, state, or local laws, and other costs. Requires the Secretary of the Navy to annually notify Congress of any changes in such amounts.
(Sec. 122)Prohibits the obligation or expenditure of more than 70 percent of the funds available to the Navy for the LHA Replacement amphibious assault ship program until the Secretary of the Navy certifies to the defense and appropriations committees that there is an approved operational requirement and a stable design for the LHA Replacement class of vehicles.
(Sec. 123)Limits the total amount to be obligated or expended for procurement of the fifth vessel in the next generation destroyer program. Allows adjustment to such amounts due to inflation, changes in federal, state, or local laws, and other costs. Requires the Secretary of the Navy to annually notify Congress of any changes in such amounts.
(Sec. 124)Limits the total amount to be obligated or expended for procurement of the fifth and sixth vessels in the Littoral Combat Ship class of vessels. Allows adjustment to such amounts due to inflation, changes in federal, state, or local laws, and other costs. Requires the Secretary of the Navy to annually notify the defense and appropriations committees of any changes in such amounts. Requires an annual report from such Secretary to such committees on any element of such program that is designated as a "mission package."
(Sec. 125)Prohibits the Secretary of the Navy from:
(1) acquiring any vessels under the next generation destroyer program through a winner-take-all acquisition strategy; and
(2) obligating or expending any funds to prepare for, conduct, or implement such a strategy.
(Sec. 126)Requires naval combat forces to include at least 12 operational aircraft carriers. Makes specified Navy O&M funds available for repair and maintenance to extend the life of the U.S.S. John F. Kennedy.
(Sec. 127)Makes specified FY2006 Navy funds available for the nuclear refueling and complex overhaul of the U.S.S. Carl Vinson, under a current contract.
(Sec. 128)Authorizes the Secretary of the Navy to enter into a contract for the detail design and construction of the aircraft carrier designated CVN-78, from amounts appropriated for Navy shipbuilding and conversion for FY2007-FY2009.
(Sec. 129)Earmarks specified Navy shipbuilding and conversion funds for design, advance procurement, and advance construction with respect to the LHA Replacement ship.
(Sec. 130)Requires a report from the Secretary of the Navy to the defense and appropriations committees on the results of a specified study on alternative propulsion methods for Navy surface combatant vessels and amphibious warfare ships.
Subtitle D: Air Force Programs -
(Sec. 131)Authorizes the Secretary of the Air Force, beginning with the FY2006 program year, to enter into a multiyear procurement contract for up to 42 additional C-17 aircraft. Requires, prior to such contract, the Secretary of Defense (Secretary) to certify to the defense and appropriations committees concerning the additional airlift capability to be procured under such authority. Requires the Secretary, as part of the 2005 quadrennial defense review, to assess the inter-theater airlift capabilities required to support the national defense strategy. Outlines alternative requirements if the Secretary is unable to make the airlift capability certification.
(Sec. 132)Prohibits the Secretary of the Air Force, during FY2006, from retiring any:
(1) KC-135E aircraft;
(2) F-117 Nighthawk attack aircraft; or
(3) C-130E/H tactical airlift aircraft.
(Sec. 135)Requires any C-130J/KC-130J aircraft procured after FY2005 to be procured through a contract under the Federal Acquisition Regulation (FAR) relating to the acquisition of items by negotiated contract rather than provisions relating to the acquisition of commercial items.
(Sec. 136)Requires a report from the Secretary of the Air Force to the defense and appropriations committees on Air Force aircraft aeromedical evacuation programs.
Subtitle E: Joint and Multiservice Matters -
(Sec. 141)Directs the Secretary to ensure that all tactical unmanned aerial vehicles of the Armed Forces use specified standard data links and formats. Prohibits, after December 1, 2006, any Department of Defense (DOD) funds from being used to procure such a vehicle without such links. Authorizes the Under Secretary of Defense for Acquisition, Technology, and Logistics (Under Secretary) to waive such requirement after certifying to the defense and appropriations committees that it would be technologically infeasible or economically unacceptable to integrate a tactical data link into such a vehicle. Requires a report from each military department Secretary to Congress on the status of compliance with such requirements.
(Sec. 142)Prohibits DOD funds from being used to procure an unmanned aerial vehicle system, or to modify a system to include any form of armament, unless such procurement or modification is authorized in writing in advance by the Under Secretary. Provides an exception with respect to systems already under contract or for which funds have been appropriated for procurement prior to the date of enactment of this Act.
(Sec. 143)Prohibits the obligation or expenditure of a specified amount of funds available for the U.S. Special Operations Command until the Secretary submits to the defense and appropriations committees:
(1) a certification that the Secretary has revalidated the requirement for the Advanced SEAL delivery system; and
(2) two reports concerning such program, including conclusions of the ongoing critical systems review.
Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations -
(Sec. 201)Authorizes appropriations for FY2006 for the Armed Forces for research, development, test, and evaluation (RDT&E). Earmarks specified amounts for the Defense Science and Technology Program.
Subtitle B: Program Requirements, Restrictions, and Limitations -
(Sec. 211)Directs the Comptroller General (CG) to:
(1) conduct an annual review of the Future Combat Systems program; and
(2) report annually to Congress on the results of the most recent review.
(Sec. 212)Directs the Secretary of the Army to procure the Future Combat System through a negotiated contract rather than through a research transaction.
(Sec. 213)Prohibits more than 70 percent of the amounts appropriated for the Armored Systems Modernization program from being obligated for systems development and demonstration of manned ground vehicle variants under such program until specified actions occur, including separate reports from the Secretary, the Under Secretary, and the Secretary of the Army concerning performance requirements and cost estimates under the program. Makes such prohibition inapplicable with respect to the obligation of funds for systems development and demonstration of the non-line-of-sight cannon system.
(Sec. 214)Directs the Secretary, beginning with the FY2008 budget submission, to ensure that a separate, dedicated program element is assigned to each of six specified systems development and demonstration projects of the Armored Systems Modernization Program. Requires the Secretary of the Army:
(1) as part of documentation in support of the FY2007 defense budget, to set forth budget justification material for such projects as if they were already separate program elements; and
(2) beginning with the FY2007 DOD budget, to set forth budget justification material for technology insertion to the current force under such Program.
(Sec. 215)Directs the Secretary of the Navy to:
(1) initiate a program to design and develop the next-generation of nuclear attack submarines; and
(2) include with FY2007 defense budget justification materials a report on the program initiated.
(Sec. 216)Amends the National Defense Authorization Act (NDAA) for Fiscal Years 1992 and 1993 to extend through FY2011 certain requirements relating to management responsibility for naval mine countermeasures programs. Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics to notify the defense and appropriations committees of any proposed change to such programs before such change is carried out. Prohibits the Secretary of the Navy from decommissioning any vessel of the MHC-51 mine countermeasures class before the end of such vessel's service unless:
(1) such Secretary reports to the defense committees on existing capabilities to assume the MHC-51 mission; and
(2) 30 days have elapsed since receipt of such report.
(Sec. 217)Directs the Secretaries of the Army and Navy to develop a single set of requirements for the joint heavy lift program for the Army and Marine Corps. Prohibits the Secretary from authorizing entry into systems development and demonstration for the next-generation heavy lift rotorcraft until the single set of requirements have been approved by the Joint Requirements Oversight Council.
(Sec. 218)Directs the Secretary to:
(1) assess immediate requirements of the military departments for tactical radio communications systems;
(2) ensure that the military departments rapidly acquire systems utilizing existing technology or mature systems readily available in the commercial marketplace; and
(3) develop a plan and roadmap for the development, procurement, and sustainment of interim and future tactical radio communications systems. Outlines requirements with respect to the Joint Tactical Radio System. Requires a report from the Secretary on the implementation of this section.
(Sec. 219)Prohibits the obligation of more than 40 percent of any funds authorized for systems development and demonstration of the Personnel Recovery Vehicle until 30 days after the Secretary makes certain certifications to the defense and appropriations committees with respect to the requirements for such Vehicle.
(Sec. 220)Prohibits the obligation of more than 75 percent of the funds available for the VXX executive helicopter program for system development and demonstration until the Secretary of the Navy submits to Congress an event-driven acquisition strategy for Increment Two of such program that includes completion of at least one phase of operational testing. Requires a report from such Secretary to the defense and appropriations committees detailing such acquisition strategy.
(Sec. 221)Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Reagan Act) to require certification by the Chairman of the Joint Chiefs of Staff (JCS) that the conversion of DOD networks to Internet Protocol version 6 will provide equivalent or better performance and capabilities than that which would be provided by any other combination of available technologies or protocols. Requires the Secretary to designate the DOD's Director of Operational Test and Evaluation as the DOD official responsible for oversight, direction, and approval of the master test and evaluation plan for such conversion. Requires additional reports by the Secretary with respect to such plan and conversion.
Subtitle C: Missile Defense Programs -
(Sec. 231)Directs the Secretary to:
(1) assess U.S. missile defense programs designed to provide capability against threat ballistic missiles in the boost/ascent phase of flight; and
(2) report to Congress on assessment results.
(Sec. 232)Amends the NDAA for Fiscal Year 2002 to extend through FY2008 required CG assessments of ballistic missile defense (BMD) programs.
(Sec. 233)Allows FY2006 or FY2007 RDT&E funds for the Missile Defense Agency to be used by the Secretary for development and fielding of BMD capabilities.
(Sec. 234)Requires the appropriate joint and service operational test and evaluation components of DOD to prepare a plan to test, evaluate, and characterize the operational capability of block 06 and each subsequent block of the BMD system. Requires reports, at the conclusion of such test and evaluation, from the Director of Operational Test and Evaluation to the Secretary and the defense and appropriations committees.
Subtitle D: High-Performance Defense Manufacturing Technology Research and Development -
(Sec. 241)Directs the Under Secretary to conduct a pilot program to identify and transition advanced manufacturing processes and technologies which would achieve significant productivity and efficiency gains in the defense manufacturing base. Requires the Under Secretary to undertake the development of prototypes and testbeds to validate the processes and technologies selected for transition under the pilot program. Authorizes the Under Secretary, in undertaking manufacturing technology strategies, to establish a task force to map development strategy. Requires a report from the Under Secretary to the defense and appropriations on actions taken during FY2006.
Subtitle E: Other Matters -
(Sec. 251)Directs the CG to report to the defense and appropriations committees on program element structure for DOD RDT&E projects.
(Sec. 252)Amends the Small Business Act to direct the Secretary, at least every four years, to revise and update criteria and procedures utilized to identify DOD research and development (R&D) programs which are suitable for funding under the Small Business Innovation Research Program (SBIR Program). Authorizes the Secretary, and each military department Secretary, to create and administer a commercialization pilot program to accelerate the transition of technologies, products, and services developed under the SBIR Program to Phase III, including the acquisition process. Requires an evaluative report from the Secretary to the defense committees at the end of each fiscal year. Terminates the pilot program at the end of FY2009. Directs the Small Business Administration (SBA) to provide for, and fully implement the tenets of, Executive Order No. 13329 (Encouraging Innovation in Manufacturing).
(Sec. 253)Amends the NDAA for Fiscal Year 1997 to make biennial (currently, annual) the submission of the joint warfighting science and technology plan. Repeals the requirement for inclusion in such plan of technology area review and assessment summaries.
(Sec. 254)Directs the Secretary of the Navy to:
(1) conduct an assessment of the U.S. naval shipbuilding industry to determine how worldwide shipping industry best practices could be adopted to improve efficiency in specified areas; and
(2) report findings and conclusions to the defense and appropriations committees.
(Sec. 255)Revises the duties of the Technology Transition Council. Requires a report from the Secretary to the defense committees on the challenges associated with technology transition from DOD science and technology programs to DOD acquisition programs, as well as a strategy to address those challenges.
(Sec. 256)Directs the Secretary to designate an executive agent responsible for coordinating and managing DOD medical research efforts and programs relating to the prevention, mitigation, and treatment of blast injuries. Requires:
(1) associated research efforts and studies toward such end, as well as a training program for appropriate medical and non-medical personnel; and
(2) annual reports from the Secretary to the defense committees on DOD efforts and programs relating to such prevention, mitigation, and treatment.
(Sec. 257)Adds information required to be included within annual reports from the Secretary to the defense committees concerning the awarding of prizes in the areas of defense research, technology development, or prototype development.
(Sec. 258)Transfer responsibility for the designation of facilities and resources constituting the Major Range and Test Facility Base from the Director of Operational Test and Evaluation to the Secretary.
(Sec. 259)Requires the Secretary and the Administrator of the National Aeronautics and Space Administration (NASA) to jointly report to Congress recommendations regarding cooperative activities between the two departments related to RDT&E in areas of mutual interest.
(Sec. 260)Amends the NDAA for Fiscal Year 1994 to delay until September 30, 2007, the date after which DOD funds may not be obligated to modify or procure any DOD aircraft, ship, vehicle, or system that is not equipped with the Global Positioning System (GPS).
(Sec. 261)Requires a report from the Under Secretary to the defense and appropriations committees on DOD development and utilization of robotics and unmanned ground vehicle systems.
Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations -
(Sec. 301)Authorizes appropriations for FY2006 for operation and maintenance (O&M) for the Armed Forces and specified activities and agencies of DOD.
(Sec. 302)Authorizes appropriations for FY2006 for:
(1) working capital funds;
(2) the Defense Health Program;
(3) chemical agents and munitions destruction, defense;
(4) defense drug interdiction and counter-drug activities; and
(5) the Defense Inspector General.
Subtitle B: Environmental Provisions -
(Sec. 311)Requires, in a currently-required annual report from the Secretary on environmental restoration activities, a summary of fines and penalties imposed against DOD under environmental laws.
(Sec. 312)Includes an "owner of covenant property" among the entities that the Secretary may enter into agreements with for the cleanup of environmental hazards at former defense sites.
Subtitle C: Workplace and Depot Issues -
(Sec. 321)Requires proceeds from the sale by the Army of an article or service that results from a cooperative arrangement with a non-Army entity to be credited to the working capital fund that incurs the cost of manufacturing the article or performing the service.
(Sec. 322)Prohibits the Secretary of the Navy from converting funding for naval shipyards on the East Coast from funding through the Navy working capital fund to funding on a direct basis (mission funding) before October 1, 2006. Requires:
(1) a report from such Secretary to the defense and appropriations committees on direct funding for the Puget Sound Naval Shipyard, Washington;
(2) CG review of such report and a review results report to such committees; and
(3) a report from such Secretary to those committees proposing congressional budget exhibits for use in connection with the funding of Navy shipyards on a direct basis.
(Sec. 323)Includes additional facilities within the Armament Retooling and Manufacturing Support Initiative.
(Sec. 324)Expresses the sense of Congress that the Air Force should:
(1) be commended for implementation of its Depot Maintenance Strategy and Master Plan; and
(2) remain committed to the depot maintenance process improvement initiatives and the investments and recapitalization projects pursuant to such Strategy and Plan.
Subtitle D: Extension of Program Authorities -
(Sec. 331)Amends the Bob Stump NDAA for Fiscal Year 2003 (Stump Act) to extend through FY 2010 the authority to provide logistics support and services for weapons systems contractors.
(Sec. 332)Amends the Reagan Act to extend until April 1, 2006, the authorized period of reimbursement, from DOD to a member of the Armed Forces or a family member of such member, for the purchase of certain protective, safety, or health equipment purchased by or for members deployed in a contingency operation.
Subtitle E: Outsourcing -
(Sec. 341)Prohibits a DOD function performed by ten or more civilian employees from being converted to contractor performance unless the conversion is based on the results of a public-private competition process with specified requirements, including a formal civilian vs. contractor cost comparison and a most efficient organization plan. Prohibits a commercial or industrial type function currently being performed by DOD personnel from being modified, reorganized, divided, or otherwise changed in order to circumvent the above prohibition. Consolidates, and modifies where appropriate, current federal reporting requirements relating to public-private competition in order to incorporate the above changes.
(Sec. 342)Amends the Department of Defense Appropriations Act, 2005 to modify a limitation on the conversion to contractor performance with respect to the procurement of certain supplies and services.
(Sec. 343)Directs the Secretary to prescribe guidelines and procedures for ensuring that consideration is given to using federal employees for work that is currently performed or would otherwise be performed under DOD contracts. Directs the Secretary to include the use of flexible hiring authority in order to facilitate federal employee performance of new requirements and work performed under DOD contracts.
(Sec. 344)Amends the Stump Act to extend through FY2007 the authority for contractor performance of security guard functions.
Subtitle F: Analysis, Strategies, and Reports -
(Sec. 351)Requires the Secretary of the Army to conduct an assessment of Army programs for the prepositioning of equipment and other materiel stocks. Directs:
(1) such Secretary to report on the assessment; and
(2) the CG to submit an independent review of the assessment.
(Sec. 352)Directs the Secretary to include with the defense budget materials for FY2007-2011 a report describing the models used to prepare budget requests for base operations support, sustainment, and facilities recapitalization.
(Sec. 353)Directs the Secretary of the Army to:
(1) develop and implement a training strategy to ensure the readiness of brigade-based combat teams and functional supporting brigades; and
(2) report to the defense and appropriations committees on such strategy. Requires the CG to monitor such implementation and report to such committees assessing the Army's progress in implementing the strategy.
(Sec. 354)Directs the Secretary to report to Congress regarding the impact on military readiness of undocumented immigrants trespassing upon operational ranges. Requires a plan for the implementation of measures to prevent such trespass. Requires follow-up implementation reports.
(Sec. 355)Requires a report to Congress from:
(1) the Secretary of the Army on results of a study evaluating the merits of privatization of Army lodging; and
(2) the Army and Air Force Exchange Service on the feasibility of its participation in such privatization. Limits privatization pending the report.
(Sec. 356)Directs the CG to report to the defense and appropriations committees on the effectiveness of DOD corrosion prevention and mitigation programs.
(Sec. 357)Requires the Secretary to:
(1) study the use of biodiesel and ethanol fuel by the Armed Forces and defense agencies, and any measures that can be taken to increase such use; and
(2) report study results to the defense committees.
(Sec. 358)Requires a report from the Secretary to the defense committees on the effects of windmill farms on military readiness, including their effects on the operation of military radar installations.
(Sec. 359)Directs the Secretary to report to Congress on the feasibility of providing transportation on DOD aircraft, on a space-available basis, for:
(1) any veteran with a service-connected disability rating of 50 percent or higher;
(2) reserve personnel under 60 years of age who, but for such age, would be eligible for military retired pay; and
(3) dependents of
(Sec. 360)Directs the Secretary to report to the defense and appropriations committees on joint field training and experimentation conducted to address matters relating to stability, security, transition, and reconstruction operations during FY2005-2006.
(Sec. 361)Requires a report from the Secretary to Congress in each of 2006 through 2008 on DOD budgeting for the sustainment of key military equipment.
(Sec. 362)Amends the Reagan Act to repeal a required report from the Secretary of the Air Force on military installation encroachment issues.
Subtitle G: Other Matters -
(Sec. 371)Requires the Defense Business Transformation Agency to be supervised by the vice chairman of the Defense Business System Management Committee.
(Sec. 372)Prohibits the Secretary of a military department (Secretary concerned) from carrying out a modification (costing $100,000 or more) of an aircraft, weapon, vessel, or other equipment that the Secretary plans to retire or otherwise dispose of within five years after the date on which the modification, if carried out, would be completed. Makes an exception for a safety modification. Authorizes the Secretary concerned to waive such prohibition for national security purposes (requiring notification thereof to the defense and appropriations committees).
(Sec. 373)Prohibits DOD O&M funds from being used to purchase any item that has an investment item unit cost greater than $250,000.
(Sec. 374)Restates and expands the authority of the Secretary concerned to accept gifts, devises, or bequests of real or personal property for the benefit of members (and their survivors and dependents) who are wounded or killed while serving in a military operation or activity. Prohibits the acceptance of a gift of services from a foreign government or international organization, but allows from such entity a gift of property or money if the gift is not designated for a specific individual. Terminates on December 31, 2007, the authority to accept all such gifts, devises, and bequests. Provides for the deposit and use of gift funds. Requires CG review of all gifts, and a report to Congress on review results.
(Sec. 375)Amends the NDAA for Fiscal Year 2004 to include packet-based telephony service within the telecommunications benefit authorized for certain servicemembers.
(Sec. 376)Prohibits amounts appropriated to DOD for FY2006 from being obligated or expended for financial management improvement activities relating to the preparation, processing, or auditing of financial statements until the Secretary submits to the defense and appropriations committees:
(1) a comprehensive and integrated financial management improvement plan; and
(2) a determination that each of the financial management improvement activities are consistent with the plan and will likely result in DOD improvements in the production of timely, reliable, and complete financial management information.
(Sec. 377)Authorizes the Secretary of the Navy to provide for the general welfare of any person at Naval Station Guantanamo Bay, Cuba, who is designated by such Secretary as a "special category resident."
(Sec. 378)Authorizes the President to designate a day of celebration to honor members of the Armed Forces who served in Operations Enduring Freedom or Iraqi Freedom and have returned. Allows such members to participate in such celebration. Authorizes the Secretary to accept cash contributions to cover costs associated with celebration activities. Allows appropriate recognition items to be awarded to any individual who served honorably in such Operations.
Subtitle H: Utah Test and Training Range -
(Sec. 382)Prohibits anything in this subtitle or the Wilderness Act from precluding:
(1) low-level overflights and operations of military aircraft, helicopters, missiles, or unmanned aerial vehicles over the covered wilderness (certain areas in and surrounding the Utah Test and Training Range); or
(2) the designation of new units of special use airspace, the expansion of existing units of such airspace, or the use or establishment of military training routes over the covered wilderness. Prohibits anything in this subtitle from being construed to:
(1) prevent any required maintenance of existing communications and tracking systems; or
(2) permit a military operation to be conducted on the ground in covered wilderness in the Range unless the operation is otherwise permissible under federal law and consistent with the Wilderness Act.
(Sec. 383)Requires the Secretary of the Interior to develop maintain, and revise land use plans within the Range in consultation with the Secretary. Requires the Secretary to prepare and transmit to the Secretary of the Interior an analysis of the military readiness and operational impacts of any revision proposed by the Secretary of the Interior.
(Sec. 384)Designates the Cedar Mountain Wilderness in Tooele County, Utah, as a component of the National Wilderness Preservation System. Withdraws such lands from all forms of entry, appropriation, or disposal under public land, leasing, and mining laws. Continues current fish and wildlife management and grazing rights within such lands. Releases certain lands from wilderness study area status.
Title IV: Military Personnel Authorizations - Subtitle A: Active Forces -
(Sec. 401)Sets forth authorized end strengths for active-duty forces as of the end of FY2006.
(Sec. 402)Revises, effective October 1, 2005, the permanent active-duty end strength minimum levels for the Army, Navy, Marine Corps, and Air Force.
(Sec. 403)Amends the Reagan Act to provide additional authority for increases in Army and Marine Corps active-duty end strengths for FY2007-2009. States as the purposes of such increases to:
(1) support operational missions; and
(2) achieve transformational reorganization objectives. Requires the Secretary, for FY2007 and thereafter, to include in the defense budget for that year the amounts necessary for funding the excess end strengths.
Subtitle B: Reserve Forces -
(Sec. 411)Sets forth authorized end strengths as of the end of FY2006 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves.
(Sec. 413)Sets forth minimum end strengths for FY2006 for Army and Air Force dual status military technicians.
(Sec. 414)Places specified FY2006 limits on the number of non-dual status technicians authorized to be employed by the Army and Air National Guard and Reserves.
(Sec. 415)Sets the maximum number of reserve personnel authorized during FY2006 to be on active duty for operational support.
Subtitle C: Authorizations of Appropriations -
(Sec. 421)Authorizes appropriations for FY2006 for:
(1) military personnel; and
(2) the Armed Forces Retirement Home.
Title V: Military Personnel Policy - Subtitle A: Officer Personnel Policy -
(Sec. 501)Provides a temporary increase, for the period beginning on October 1, 2005, and ending on December 31, 2007, in the percentage of certain officers in the Air Force and Navy for whom a reduction in the service-in-grade requirement will be permitted.
(Sec. 502)Permits the Secretary to authorize the Secretaries of the military departments concerned, during the period between the enactment of this Act and December 31, 2008, to reduce from 10 to eight years the minimum length of commissioned service required before eligibility for voluntary retirement.
(Sec. 503)Excludes from active-duty general and flag officer distribution (end strength) limits those general and flag officers on leave pending separation or retirement, but only during the 60-day period beginning on the commencement of such leave. Prohibits frocking (wearing the insignia of the next higher grade prior to the official date of promotion to that grade) to grades above major general and rear admiral.
(Sec. 504)Consolidates grade limitations on officer assignment and frocking within the military departments.
(Sec. 505)Revises the deadline for receipt by promotion selection boards of correspondence from eligible officers.
(1) promotion selection boards for officers eligible for promotion to a grade above colonel or captain to be furnished any credible information of an adverse nature; and
(2) such information to include any substantiated adverse finding or conclusion from an officially documented investigation or inquiry.
(Sec. 507)Excludes from military end strength and officer distribution limits either the Director or Deputy Director of the Central Intelligence Agency (CIA), the Associate Director for Military Support, and up to five military officers in the Office of the Director of National Intelligence.
(Sec. 508)Provides the grades of judge advocates general of the military departments.
(Sec. 509)Authorizes (with exceptions) the retention of permanent professors at the Naval Academy beyond 30 years of active commissioned service. Requires an officer serving as a permanent military professor at the Naval Academy in a grade of commander or lieutenant colonel who is not on a list of officers recommended for promotion to the next grade to be retired, if not earlier retired, on the first day of the month after the officer completes 28 years of active commissioned service. Requires retirement after 30 years of active commissioned service for an officer serving in such position in the grade of captain or colonel who is not on a list of officers recommended for promotion to the next higher grade. Requires the following officers, unless retired or separated earlier, to be retired on the month following the month on which such officer becomes 64 years of age:
(1) a permanent professor or director of admissions of the U.S. Military Academy;
(2) a permanent professor at the U.S. Naval Academy; or
(3) a permanent professor or registrar of the U.S. Air Force Academy.
(Sec. 510)Allows a general/flag officer position on the Joint Staff to be held by a reserve general or flag officer serving on active duty.
Subtitle B: Reserve Component Management -
(Sec. 511)Authorizes separation from military service at age 64 for specified reserve senior officers.
(Sec. 512)Revises strength in grade limits applicable to reserve flag officers in an active status.
(Sec. 513)Defers mandatory separation from military service for dual status military technicians until a technician reaches age 60 and attains eligibility for an unreduced military annuity.
(Sec. 514)Provides military retirement credit for certain service performed by National Guard personnel in 15 counties in New York and Arlington County, Virginia, while in a state duty status immediately after the terrorist attack of September 11, 2001.
(Sec. 515)Redesignates the Naval Reserve as the Navy Reserve.
(Sec. 516)Amends the Reagan Act to:
(1) place the Commission on the National Guard and Reserves within the legislative branch; and
(2) revise the pay levels of Commission members.
(Sec. 517)Directs the CG to report to Congress on problems faced by members of the reserve with respect to employment as a result of being ordered to perform full-time National Guard duty or being ordered to active duty service.
(Sec. 518)Requires the Defense Science Board to study and report to the defense committees on the length and frequency of deployment of members of the National Guard and reserves as a result of the global war on terrorism.
(Sec. 519)Expresses the sense of Congress:
(1) recognizing the role played by National Guard and reserve military technicians (dual status) in the efforts of the Armed Forces; and
(2) urging the Secretary to promptly resolve issues relating to the payment of certain reenlistment bonuses for such personnel.
(Sec. 520)Directs the Secretary of the Army to carry out a pilot program to assess the feasibility and advisability of utilizing a coalition of military and civilian community personnel at military installations to enhance the quality of life for members of the Army Reserve who serve at such installations, and their families. Requires:
(1) the pilot program to be undertaken in two states; and
(2) a program report from such Secretary to the defense committees.
Subtitle C: Education and Training - Part I: Department of Defense Schools Generally -
(Sec. 521)Authorizes the President of the National Defense University to award the degree of master of science in joint campaign planning and strategy.
(Sec. 522)Authorizes the following professional military schools to accept qualifying research grants (a grant for scientific, literary, or educational purposes): the National Defense University, the Army War College, Naval Postgraduate School, Naval War College, Marine Corps University, Air Force Institute of Technology, and Air War College.
Part II: United States Naval Postgraduate School -
(Sec. 523)Adds to the mission of the Naval Postgraduate School (School):
(1) the science, physics, and systems engineering of current and future naval warfare doctrine, operations, and systems; and
(2) the integration of naval operations and systems into joint, combined, and multinational operations.
(Sec. 524)Makes eligible for the position of President of the School a civilian (currently, only an officer) with appropriate qualifications. Provides a position term of five years, with up to five additional years. Outlines qualifications.
(Sec. 525)Increases from ten to 25 the authorized enrollment in the defense product development program at the School. Includes systems engineering within the authorized curriculums for such program.
(Sec. 526)Authorizes the Secretary of the Navy to permit enlisted Navy and Marine Corps personnel to receive instruction from the School in certificate programs and courses required for the performance of the member's duties. Requires:
(1) a report from such Secretary to the defense committees on plans for a program to provide enlisted Navy personnel with opportunities to pursue graduate degree programs in return for additional service obligations; and
(2) the report to include a plan for a pilot program for such opportunities.
Part III: Reserve Officers' Training Corps -
(Sec. 531)Repeals the limitation on the amount of financial assistance authorized under the Reserve Officers' Training Corps (ROTC) program.
(Sec. 532)Increases from 208 to 416 the authorized annual limit on ROTC scholarships under the Army Reserve and National Guard programs.
(Sec. 533)Authorizes the suspension of financial assistance and subsistence allowance payments for Senior ROTC cadets and midshipmen on the basis of health-related incapacities, under specified conditions prescribed by the Secretary.
(Sec. 534)Makes U.S. nationals (currently, only U.S. citizens) eligible for appointment to the Senior ROTC or as commissioned officers.
(Sec. 535)Directs the Secretary to:
(1) implement certain incentives and a recruiting strategy to support the acquisition of foreign language skills among ROTC cadets and midshipmen; and
(2) report to the defense committees on actions taken.
(Sec. 536)Designates financial assistance provided to a cadet appointed at a military junior college as an "Ike Skelton Early Commissioning Program Scholarship."
Part IV: Other Matters -
(Sec. 537)Includes under the DOD educational loan repayment program for military personnel any educational loan made by a lender that is:
(1) an agency or instrumentality of a state;
(2) a financial or credit institution subject to examination by an agency of the United States or any state;
(3) a pension fund approved by the Secretary; or
(4) a nonprofit private entity designated and regulated by a state and approved by the Secretary.
(Sec. 538)Authorizes the Secretary, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating under the Navy, to pay expenses, including examination costs, for members to obtain professional credentials.
(Sec. 539)Authorizes the use of veterans' educational assistance under the Montgomery GI Bill, as well as benefits for mobilized members of the Selected Reserve and National Guard, for payments of up to $2,000 for a license or certification in an educational, professional, or vocational trade.
(Sec. 540)Requires the Secretary of Veterans Affairs (currently, the Secretary concerned) to prescribe the form and manner under which a person entitled to educational assistance for reserves supporting contingency and other operations and also entitled to other educational assistance shall elect which benefits he or she shall receive. Authorizes the continuation of educational assistance to a member of the Selected Reserve who incurs a break in service of not more than 90 days if the member continues to serve in the Ready Reserve during and after the service break.
Subtitle D: General Service Requirements -
(Sec. 541)Requires the Secretary, when proposing changes to female-member assignment policies, to notify Congress. Directs the Secretary, at least 30 days before implementing any such change, to notify the defense committees. Requires a report from the Secretary to such committees reviewing the current and future implementation of the policy regarding the assignment of women as articulated in the DOD memorandum entitled "Direct Ground Combat Definition and Assignment Rule."
(Sec. 542)Prohibits an individual from being enlisted into the Armed Forces unless such person is:
(1) a citizen or national of the United States;
(2) an alien lawfully admitted to the United States for permanent residence; or
(3) a habitual resident of the Federal States of Micronesia, the Republic of Palua, or the Republic of the Marshall Islands. Authorizes the Secretary concerned to waive such requirement when an enlistment is deemed vital to the national interest.
(Sec. 543)Increases from:
(1) 35 to 42 the maximum age for an original enlistment in the regular Armed Forces; and
(2) six to eight years the maximum term of such an enlistment.
(Sec. 545)Removes the Peace Corps as qualifying service under the National Call to Service Program, while including under such Program certain military occupational specialties for enlistments for officer training and subsequent service as an officer.
(Sec. 546)Requires reports from the Secretary to the defense committees on actions being taken to ensure that new recruits are provided detailed information before enlistment and at other points during their military career on the period(s) of service to which they may be obligated.
Subtitle E: Military Justice and Legal Assistance Matters -
(Sec. 551)Amends the Uniform Code of Military Justice (UCMJ) to establish the UCMJ offense of stalking.
(Sec. 552)Revises UCMJ provisions concerning the offense of rape and carnal knowledge to add the following offenses involving sexual misconduct:
(1) rape of a child;
(2) aggravated sexual assault;
(3) aggravated sexual assault of a child;
(4) aggravated sexual contact;
(5) aggravated sexual abuse of a child;
(6) aggravated sexual contact with a child;
(7) abusive sexual contact;
(8) abusive sexual contact with a child;
(9) indecent liberty with a child;
(10) indecent act;
(11) forcible pandering;
(12) wrongful sexual contact; and
(13) indecent exposure. Outlines provisions with respect to burden of proof, affirmative defenses, and adequate consent. Provides interim maximum punishments with respect to such offenses. Provides:
(1) an unlimited statute of limitations with respect to rape of a child; and
(2) an effective date for this section of October 1, 2007.
(Sec. 553)Includes under military offenses with no statute of limitations offenses involving murder or rape. Provides special rules with respect to child abuse offenses.
(Sec. 554)Directs the Secretary to prescribe a requirement that each covered member, whether active-duty or reserve, shall submit to an authority in the military department concerned a timely report on any conviction of such member by any law enforcement authority of the United States for the violation of a criminal law. Provides an exception with respect to minor traffic offenses.
(Sec. 555)States that a judge advocate or civilian attorney who is authorized to provide military legal assistance is authorized to provide that assistance in any jurisdiction.
(Sec. 556)Amends the UCMJ to allow the use of videoteleconferencing technology in administrative (non-trial) sessions of a court-martial proceeding, as long as at least one defense counsel is physically in the presence of the accused.
(Sec. 557)Expresses the sense of Congress that:
(1) there should be no ambiguity about the applicability of the UCMJ to reserve personnel serving overseas under inactive-duty training orders; and
(2) the Secretary should take action to clarify jurisdictional issues relating to such applicability and, if necessary, submit to Congress a proposal for legislative action to ensure such applicability.
Subtitle F: Matters Relating to Casualties -
(Sec. 561)Authorizes active-duty members with disabilities to participate in the Paralympic Games.
(Sec. 562)Directs the Secretary to develop and prescribe for DOD a comprehensive policy on the provision of casualty assistance to survivors and next of kin of members who die during military service. Outlines policy elements. Requires:
(1) policy adoption by the military departments;
(2) a report from the Secretary to the defense committees on the improvement of casualty assistance programs; and
(3) an assessment from the CG to the defense committees of casualty assistance programs of DOD and other federal departments and agencies.
(Sec. 563)Directs the Secretary to develop and prescribe for DOD a comprehensive policy on the provision of assistance to members who incur severe wounds or injuries in the line of duty. Outlines policy elements. Requires policy adoption by the military departments.
(Sec. 564)Requires the Secretary to complete, and the military department Secretaries to implement, DOD Instruction 1300.18, regarding the requirement to have servicemembers designate a person to direct disposition of their remains should they become a casualty. Requires a report from the Secretary to the defense committees on actions taken in such regard.
Subtitle G: Assistance to Local Educational Agencies for Defense Dependents Education -
(Sec. 571)Amends the Defense Dependents' Education Act of 1978 to authorize the enrollment in overseas schools of the the defense dependents' education system of children of U.S. citizens or nationals hired in overseas areas as full-time DOD employees.
(Sec. 572)Directs the Secretary to provide financial assistance to an eligible local educational agency (LEA) if, without such assistance, the LEA would be unable to provide students in the schools of the LEA with a level of education that is equivalent to the minimum level available in schools of other LEAs in the same state. Considers an LEA eligible if at least 20 percent of the students of the schools of that LEA were counted as military dependent students under the Elementary and Secondary Education Act of 1965. Directs the Secretary to provide financial assistance to schools experiencing specified levels of enrollment changes due to military rebasing, activation, realignment, or related changes. Requires the Secretary to notify Leas eligible for assistance under this section. Earmarks specified DOD O&M funds for such purpose.
(Sec. 573)Earmarks specified DOD O&M funds for impact aid for children with severe disabilities, as authorized under the Floyd D. Spence NDAA for Fiscal Year 2001 (Spence Act).
(Sec. 574)Provides a special rule with respect to the computation of impact aid assistance to an LEA for school year 2005-2006 in the case of attendance of military dependents of certain members of the Armed Forces who undergo a change in status during that school year.
Subtitle H: Decorations and Awards -
(Sec. 576)Makes September 11, 2001, the beginning date of Operation Enduring Freedom for purposes of eligibility for the campaign medal for that Operation.
Subtitle I: Consumer Protection Matters -
(Sec. 577)Directs the Secretary to prescribe or modify regulations on the policies and procedures relating to personal commercial solicitations on DOD installations, including the sale of life insurance and securities.
(Sec. 578)Directs the Secretary concerned to carry out a program to provide comprehensive education and training to members concerning an array of financial services, including insurance, that are available through private sources, as well as marketing aspects of such services. Requires:
(1) member and spouse financial services counseling, upon request; and
(2) at least one full-time counselor at each military installation at which 2,000 or more members are assigned. Outlines counselor qualification requirements. Requires the availability of Servicemembers Group Life Insurance (SGLI) to be included within any counseling concerning life insurance.
(Sec. 579)Requires a report from the Secretary to the defense and finance committees on predatory lending practices directed at members and their families.
Subtitle J: Reports and Sense of Congress Statements -
(Sec. 581)Directs the Secretary to:
(1) review the career tracks of members who are linguists in an effort to improve the management of linguists and to assist them in reaching their potential over a 20-year career; and
(2) report review results.
(Sec. 582)Expresses the sense of Congress that:
(1) any college or university that discriminates against ROTC programs or military recruiters shall be denied certain federal taxpayer support; and
(2) universities and colleges that receive federal funds should provide military recruiters access equal in quality and scope to that provided to all other employers. Requires a report from the Secretary to Congress on colleges and universities that deny such access.
(Sec. 583)Expresses the sense of Congress that:
(1) the Secretary should study options for providing strategic-level homeland defense education and related research opportunities to civilian and military leaders from all agencies of government in order to develop a core understanding of common homeland defense principles; and
(2) the results of such study should be reported to the defense committees, along with appropriate recommendations.
(Sec. 584)Expresses the sense of Congress that the United States should recognize and:
(1) celebrate the diversity of members of the Armed Forces; and
(2) honor the sacrifices being made by such members and their families in the global war on terrorism.
Subtitle K: Other Matters -
(Sec. 589)Permits appropriated funds to be used to:
(1) procure recognition items of nominal or modest value for recruitment or retention purposes; and
(2) present such items to members, and to family members who provide support that substantially facilitates service in the Armed Forces. Terminates such authority on December 31, 2007.
(Sec. 590)Amends the NDAA for Fiscal Year 2004 to extend the date of submission of a required report of the Veterans' Disability Benefits Commission.
(Sec. 591)Directs the Secretary to prescribe a policy on the recruitment and enlistment of home-schooled students.
(Sec. 593)Allows a member of the Armed Forces up to 21 days of leave in a calendar year in connection with the adoption of a child, as long as the member is eligible for DOD reimbursement of qualified adoption expenses.
(Sec. 594)Requires a member's preseparation counseling to include information concerning:
(1) the availability of mental health services and the treatment of post-traumatic stress disorder (PTSD), anxiety, depression, suicide, and other mental health conditions associated with service in the Armed Forces;
(2) veterans' training and hiring priorities;
(3) veterans' small business ownership and entrepreneurship programs;
(4) employment and reemployment rights;
(5) veterans' preference in federal employment;
(6) available housing counseling assistance; and
(7) a description of veterans' health care and other benefits.
(Sec. 595)Requires a report from the Secretary to Congress on actions taken to ensure that the Transition Assistance Programs for members separating from the Armed Forces provides such members with timely and comprehensive transition assistance. Requires particular focus on members:
(1) deployed to Operations Iraqi Freedom and Enduring Freedom, or in support of other contingency operations; and
(2) of the National Guard activated in support of relief efforts for Hurricanes Katrina or Rita.
(Sec. 596)Directs the Secretary to develop and implement a system to track DOD cases in which care to a victim of rape or sexual assault, or a related investigation or prosecution, is hindered by a lack of availability of a rape kit or other needed supplies or by the lack of timely access to appropriate laboratory testing resources. Requires the system developed to be submitted to the defense committees.
Directs the Secretary to develop and implement a plan for ensuring accessibility and availability of supplies, trained personnel, and transportation resources for responding to sexual assaults occurring in deployed units. Requires the plan developed to be submitted to the defense committees.
Provides additional matters to be included in an annual report on sexual assaults in the military as required under the Reagan Act.
(Sec. 597)Authorizes the President to appoint a flag officer of the Coast Guard as the Chief of Staff to the President.
(Sec. 598)Authorizes the superintendent of a service academy to have in effect a policy concerning the offering of a voluntary, nondenominational prayer at an otherwise authorized activity of the academy, subject to the Constitution and such limitations as the Secretary may prescribe.
(Sec. 599)Authorizes the Secretary concerned (currently, the Secretary) to make military working dogs available for adoption. Allows such an adoption before the end of the dog's useful working life under unusual or extraordinary circumstances.
Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances -
(Sec. 601)Waives any FY2006 pay increases tied to increases in the General Schedule of Compensation for government employees. Increases, effective January 1, 2006, by 3.1 percent the rates of basic pay for military personnel.
(Sec. 602)Includes professors at the U.S. Naval Academy under provisions authorizing additional pay for permanent military professors with over 36 years of service.
(Sec. 603)States that reserve personnel attending military academy preparatory schools shall be paid at the rate prescribed for that member's pay grade or the rate provided to academy cadets and midshipmen, whichever is greater.
(Sec. 604)Includes members of the National Guard not in federal service under a prohibition against compensation for work associated with participation in a correspondence course of a uniformed service.
(Sec. 605)Authorizes DOD matching contributions to the Thrift Savings Plan (TSP) in the case of first-time enlistees who are enlisting for a period of at least two years.
(Sec. 606)Directs the Secretary of the Army, during FY2006, to carry out a pilot program to assess the extent to which contributions by such Secretary to the TSP assists:
(1) the Army in recruiting efforts; and
(2) its members in establishing habits of financial responsibility during their initial enlistment. Authorizes such Secretary to make TSP contributions for program participants. Requires a program report from the Secretary of Defense to the defense and appropriations committees.
(Sec. 607)Makes permanent (currently, terminates at the end of FY2005) the prohibition against a member who is undergoing medical recuperation or therapy, or otherwise in continuous care at a military medical facility, from being charged for meals provided at such facility, as long as the injury, illness, or disease being treated was incurred while serving on active duty:
(1) in support of Operations Iraqi Freedom or Enduring Freedom; or
(2) in any other operation designated by the Secretary as a combat operation or a combat zone. Makes this section applicable during the period beginning on October 1, 2005, and ending on December 31, 2006.
(Sec. 608)Makes permanent (currently, terminates at the end of FY2006) the authority of the Secretary concerned to pay a supplemental subsistence allowance for low-income members with dependents.
(Sec. 609)Authorizes the Secretary to provide a temporary increase in the rates of basic allowance for housing (BAH) for a military housing area that:
(1) is located within an area in which a major disaster has been declared; or
(2) contains one or more military installations that are experiencing a sudden increase in the number of members assigned to the installation. Limits any such increase to no more than 20 percent of the previously authorized rate. Requires the member concerned to certify the increased housing costs. Makes such increase effective until the rate is readjusted due to a redetermination of housing costs in the area. Prohibits any such increase from being prescribed or continuing after December 31, 2008. Authorizes temporary lodging expenses, connected with a change of permanent duty station, for up to 20 days for members affected by
(Sec. 610)Provides an equal rate of BAH for reserve members who are mobilized to serve on active duty for more than 30 days, or for 30 days or less in connection with a contingency operation, as is currently provided for similarly situated active-duty personnel.
(Sec. 611)Makes permanent the extension from 180 to 365 days following the death of a member who dies while serving on active duty the period for the temporary continuation of BAH for dependents of such members. (Currently, such extension terminates on September 30, 2005, under provisions of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005.)
(Sec. 612)Authorizes the Secretary concerned to continue to pay a family residing overseas a cost-of-living allowance, notwithstanding the reassignment of the service member that is the sponsor of the family, when it is in the best interests of the government and the family. Redefines as unusual and extraordinary those expenses eligible for lump-sum payment of such allowance.
(Sec. 613)Provides that, in the case of a member who has obtained insurance coverage under the SGLI program and who serves in Operations Enduring Freedom or Iraqi Freedom during a month, the Secretary concerned shall pay such member an allowance equal to the amount of the premium for the first $150,000 of such insurance. Authorizes the Secretary of Defense to increase such allowance to cover insurance amounts in excess of $150,000. Requires the Secretary concerned to notify qualifying personnel of the availability of such allowance.
(Sec. 614)Directs the Secretary concerned to make civilian income replacement payments to certain reserve personnel experiencing extended and frequent mobilization for active-duty service. Requires a member, to be eligible, to:
(1) complete 18 continuous months of service on active duty under a mobilization order;
(2) complete 24 months on active duty during the previous 60 months under such an order; or
(3) be involuntarily mobilized for service on active duty for 180 days or more six months or less after the member's separation from a previous period of involuntary active duty. Provides minimum and maximum payment amounts.Terminates such payment authority after December 31, 2008.
Subtitle B: Bonuses and Special and Incentive Pays -
(Sec. 621)Extends through 2006 specified authorities currently scheduled to expire at the end of 2005 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
(Sec. 625)Makes oral and maxillofacial surgeons eligible for incentive special pay authorized for medical officers of the Armed Forces.
(Sec. 626)Eliminates a restriction barring military dentists from being paid additional special pay while undergoing dental internship or residency training.
(Sec. 627)Increases from $300 to $750 the maximum authorized monthly rate of hardship duty pay.
(Sec. 628)Allows assignment incentive pay to be paid either monthly (current law), in a lump sum, or in installments other than monthly. Requires a written agreement with respect to the performance of duty for such pay. Sets at $3,000 the maximum monthly rate of such pay. Requires repayment for unserved periods.
(Sec. 629)Increases from $60,000 to $90,000 the maximum selective reenlistment bonus authorized for active-duty personnel. Extends the maximum years of active-duty service beyond which a reenlistment bonus may not be paid from 16 to 20 years.
(Sec. 630)Extends the maximum years of reserve service beyond which a reenlistment bonus may not be paid from 16 to 20 years.
(Sec. 631)Consolidates into one federal provision, with revisions, provisions concerning the payment of bonuses for affiliation or enlistment in the Selected Reserve. Allows an affiliation bonus only for those individuals who have completed fewer than 20 years of military service, and requires execution of a written agreement. Directs the Secretary concerned to designate skills, units, and pay grades with respect to such bonus. Authorizes an accession bonus for first-time enlistment in the Selected Reserve, limiting such bonus to $20,000. Requires repayment for failure to begin or complete the obligated service. Terminates all bonus authority under this section at the end of 2006. Repeals superseded affiliation bonus authority.
(Sec. 632)Increases from $10 to $50 the special pay authorized for Selected Reserve personnel who are assigned to certain high priority units and who perform inactive duty for training relating to such assignment.
(Sec. 633)Eliminates the requirement that members with prior military service must first complete their military service obligation in order to be eligible to receive a bonus for enlisting in the Selected Reserve. Repeals the prohibition against a prior service enlistment bonus in the case of receipt of an enlistment or reenlistment bonus for service in the Selected Reserve.
(Sec. 634)Revises provisions concerning the affiliation bonus for officers of the Selected Reserve to:
(1) remove the prohibition against prior service in the Selected Reserve; and
(2) increase from $6,000 to $10,000 the maximum amount of such bonus.
(Sec. 635)Increases from $20,000 to $40,000 the maximum enlistment bonus for active-duty members.
(Sec. 636)Authorizes the Secretary to retroactively designate the period during which duty in a specific area will qualify a member to receive hostile fire or imminent danger special pay.
(Sec. 637)Increases from:
(1) $25,000 to $30,000 the maximum bonus paid to nuclear-qualified officers who extend their active-duty service; and
(2) $10,000 to $14,000 the maximum amount of the nuclear career annual incentive bonus.
(Sec. 639)Changes foreign language proficiency pay from a monthly pay to an annual bonus of up to $12,000 while a member remains certified in that language. Provides for installment or lump sum options for such pay for both active and reserve personnel.
(Sec. 640)Authorizes payment to reserve members in an active status of the critical skill retention bonus (currently, only authorized for active-duty personnel). Authorizes payment of such bonus for members assigned to a designated high priority unit. Eliminates the prohibition on payment for service beyond 25 years for:
(1) members serving in special operations skills designated as critical; and
(2) members qualified for duty in connection with supervision, operation, and maintenance of naval nuclear propulsion plants. Requires pro rata bonus repayment for bonus periods not served.
(Sec. 641)Authorizes the payment of an incentive bonus for a regular or reserve member who executes a written agreement to:
(1) transfer from the member's current regular or reserve component to a regular or reserve component of another armed force; and
(2) serve in the latter component for not less than three years. Requires the Secretary concerned to determine that there is a shortage of trained and qualified personnel in the latter component before such incentive bonus will be paid. Limits such bonus to $2,500. Requires bonus repayment for failure to complete the obligated service. Terminates the bonus authority at the end of 2006.
(Sec. 642)Authorizes the Secretary concerned to pay monthly special pay of $430 to a member who incurs a combat-related injury in a combat operation or zone and is evacuated to receive medical treatment. Reduces such special pay by any amount of hostile fire or imminent danger special pay received.
(Sec. 643)Authorizes the Secretary concerned to provide voluntary separation pay and benefits to eligible members who are voluntarily separated from active duty in the Armed Forces. Makes eligible for such pay and benefits members who:
(1) have served on active duty for more than six years but not more than 20;
(2) have served at least five years of continuous active duty immediately preceding their date of separation;
(3) have not been approved for the payment of any other voluntary separation incentive; and
(4) meet such other requirements as the Secretary concerned may prescribe. Provides eligibility exceptions, including those discharged with disability severance pay. Authorizes the Secretary concerned to determine a number of members who may serve in the Ready Reserve, for not less than three years, in order to qualify for the voluntary separation pay and benefits. Provides for:
(1) the computation and payment of such pay; and
(2) the coordination of such pay with retired or retainer pay and disability compensation. Requires repayment from members who return to active duty, but allows the Secretary to waive such repayment in whole or in part when its recovery would be against equity and good conscience or contrary to the best interests of the United States. Terminates such pay authority on December 31, 2008.
(Sec. 644)Authorizes nursing students enrolled in ROTC programs for advanced training to receive a critical skills accession bonus of up to $5,000 as long as they have completed the second year of an accredited baccalaureate degree program and execute an agreement to serve on active duty as a commissioned officer in the Army Nurse Corps. Authorizes such bonus payments for the period beginning on October 5, 2004, and ending on December 31, 2005.
(Sec. 645)Authorizes the Secretary of the Army to pay a bonus of up to $1,000 to a member of the Army who refers to an Army recruiter a person who has not previously served in the Armed Forces and who, after such referral, enlists in the regular Army or the Army National Guard or Reserve. Prohibits such bonus for the referral of an immediate family member. Terminates bonus authority after December 31, 2007.
Subtitle C: Travel and Transportation Allowances -
(Sec. 651)Expands the circumstances under which members may continue to receive the lodging portion of temporary duty per diem during absences from the temporary duty location to include absences authorized under regulations prescribed by the Secretary concerned.
(Sec. 652)Increases from one to three years after the death of a member while serving on active duty the time allowed for surviving family members to select a residence for which they may receive travel and transportation allowances.
(Sec. 653)Authorizes the Secretary concerned to provide travel and transportation allowances for up to three family members of a member on active duty who was held captive or was otherwise missing to the location where the member has been repatriated. Authorizes the Secretary concerned to waive the three-person limit in appropriate circumstances.
(Sec. 654)Increases the authorized weight allowances for the shipment of household goods of senior noncommissioned officers in grades E-7 through E-9.
(Sec. 655)Makes permanent (currently, terminates at the end of FY2005) the authority to provide travel and transportation allowances for dependents to visit hospitalized members injured in a combat operation or combat zone.
Subtitle D: Retired Pay and Survivor Benefits -
(Sec. 661)Authorizes the Secretary concerned to pay to state officials on a monthly basis (currently, quarterly) funds voluntarily withheld from retired or retainer pay for state tax purposes.
(Sec. 662)Prohibits interment in a national cemetery, and denies certain burial-related benefits including funeral honors, for individuals who receive a life sentence or the death penalty, or who have been convicted of a capital offense for which the person was sentenced to death or life imprisonment without parole.
(Sec. 663)Reduces by four years and three months the current ten-year phased implementation of full concurrent receipt of veterans' disability compensation and military retired pay for retirees receiving veterans' disability compensation at the rate payable for 100 percent disability by reason of a determination of individual unemployability, allowing such retirees to receive full payment of both on October 1, 2009, and thereafter.
(Sec. 664)Increases the $12,000 death gratuity to $100,000. Provides an additional death gratuity of $150,000 in the case of a person who died during the period beginning October 1, 2001, and ending May 11, 2005, while a member on active duty and whose death did not establish eligibility for an additional death gratuity under prior law. Provides funding for such increased payments.
(Sec. 665)Authorizes the payment of child support, from a member's retired pay already received, to a dependent child when the member's retired pay eligibility has been terminated because of abuse of a spouse that resulted in the death of that spouse. Requires such payment after the effective service of a court order.
(Sec. 666)Requires a report from the CG to the defense committees on the actuarial soundness of the Survivor Benefit Plan (SBP) program.
Subtitle E: Commissary and Nonappropriated Fund Instrumentality Benefits -
(Sec. 671)Authorizes the Secretary to increase the maximum amount that may be paid to commissary and exchange services to procure goods and services overseas for use by U.S. military forces from $50,000 to $100,000 per contract.
(Sec. 672)Provides that until December 31, 2008, the Defense Commissary Agency is not required to conduct any cost-comparison study under Office of Management and Budget Circular A-76 relating to the possible contracting out of commissary store functions.
(Sec. 673)Requires that appropriated funds be used to pay for the transportation of commissary and exchange supplies and products to commissaries and exchanges located outside the continental United States.
(Sec. 674)Authorizes the appropriate Secretary to grant nonappropriated fund employees compensatory time off instead of overtime pay for overtime work when requested by the employee (thereby making such practice consistent with similar rules within the federal civilian personnel system).
(Sec. 675)Earmarks defense-wide O&M funds for expenses incurred under military rest and recuperation leave programs. Subtitle F: Other Matters -
(Sec. 681)Authorizes the Secretary of the Army to develop and provide incentives to encourage individuals to accept commissions as officers or to enlist in the Army. Directs such Secretary, before providing an incentive, to develop and submit to Congress, the appropriate DOD elements, and the CG a plan that includes a description of the incentive and its anticipated outcome. Prohibits more than four recruitment incentives from being provided, and limits the number of individuals to whom incentives may be provided. Requires:
(1) an annual report from such Secretary to Congress on the incentives provided; and
(2) a report from the CG to Congress evaluating the expected outcomes of the incentives. Terminates incentive authority on December 31, 2009.
(Sec. 682)Authorizes specified leave accrual for members:
(1) assigned to a deployable ship or mobile unit or other designated duty; or
(2) who, on or after August 29, 2005, perform qualifying duty as determined by the Secretary.
(Sec. 683)Expands the authority of the Secretary concerned to remit or cancel indebtedness to the United States, or any U.S. instrumentality, incurred by members while on active duty by authorizing such Secretaries, if in the best interests of the United States, to forgive indebtedness of officers and enlisted personnel when such member is on active duty or in an active status, or during the one-year period after the member is discharged or released from active status. Authorizes the remission or cancellation of debts during the period beginning on October 7, 2001, and ending on December 31, 2007.
(Sec. 684)Authorizes the Secretary concerned to repay a loan made to a military chaplain that was:
(1) used to finance education resulting in a Masters of Divinity degree; and
(2) obtained from an accredited theological seminary. Requires the chaplain to sign a written agreement to serve in the Selected Reserve for not less than three years in order to receive the loan repayment.
(Sec. 685)Adds the Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff (JCS) to the list of senior enlisted personnel designated to receive the highest level of pay for an enlisted member, effective on the date of appointment to such position. Authorizes the individual so appointed to receive:
(1) a personal money allowance;
(2) the pay associated with the position while hospitalized or while on terminal leave; and
(3) retired pay based on such position.
(Sec. 686)Outlines the special and incentive pays, earned originally as enlisted pay, that may be considered saved by a former enlisted member who becomes a commissioned officer, but requires the officer to continue to perform the duty which created the entitlement to such pay.
(Sec. 687)Consolidates into one section various federal provisions outlining procedures for the repayment of unearned portions of military bonuses, special pays, and educational benefits. Authorizes the Secretary concerned to establish for all such pay and benefit programs procedures for determining the amount of the repayment required and the circumstances under which an exception to the repayment requirement may be granted.
(Sec. 688)Amends the Housing and Urban Development Act of 1968 to require notification of homeowners assisted under such Act explaining the mortgage and foreclosure rights of servicemembers under the Servicemembers Civil Relief Act, including the toll-free help number for further assistance.
(Sec. 689)Amends the Social Security Act to extend Supplemental Security Income (SSI) benefits to 24 consecutive months following service in the case of members of the National Guard and reserves whose ineligibility for SSI benefits is a result of being called to active duty.
(Sec. 690)Directs the Secretary concerned to provide to servicemembers under their jurisdiction pertinent information on the rights and protections available to such members and their dependents under the Servicemembers Civil Relief Act. Requires such information to be provided during initial orientation training or such other appropriate times as determined by such Secretary. Authorizes the Secretary concerned to provide such information to adult dependents of servicemembers.
Title VII: Health Care Provisions - Subtitle A: Improvements to Health Benefits for Reserves -
(Sec. 701)Allows Selected Reserve personnel to extend their TRICARE coverage (entitled TRICARE Reserve Select (TRS)) when they are recalled to active duty. Allows certain Individual Ready Reserve members a period of one year following release from active duty to find a position in the Selected Reserve without losing TRS eligibility. Extends TRS coverage for family members until six months after the death of the qualifying member. Includes within TRS coverage access to care in military medical treatment facilities. Allows 90 days after release from active duty for an eligible member of the Selected Reserve to elect to participate in TRS.
(Sec. 702)Removes certain conditions, including a required period of active-duty service, prior to the eligibility of members of the Selected Reserve for health care benefits under TRICARE Standard. Requires such a member, in order to be eligible, to commit to a period of obligated service that extends through the TRICARE Standard enrollment period. Outlines premium amounts for such coverage, such amounts varying depending on the type of service (extended active duty service resulting in the lowest premium) under which eligibility is based.
Subtitle B: TRICARE Program Improvements -
(Sec. 711)Amends the NDAA for Fiscal Year 2004 to require more detailed information from providers within an annual survey of the TRICARE Standard health care program.
(Sec. 712)Directs the Secretary of the Air Force to ensure that chiropractic health care services are available at all medical treatment facilities listed in a report to Congress entitled "Chiropractic Health Care Implementation Plan." Requires such Secretary to report to the defense committees on the availability of services as required under such Plan.
(Sec. 713)Includes as an "eligible dependent" for purposes of TRICARE dental coverage surviving spouses who were on active duty at the time their military spouses died.
(Sec. 714)Authorizes the Secretary to waive restrictions with regard to TRICARE Prime Remote coverage for active duty members that reside at a remote location when the Secretary determines that exceptional circumstances warrant such coverage.
(Sec. 715)Provides a conditional period of continued TRICARE Prime coverage for children of members who die while serving on active duty for a scheduled period of more than 30 days. Makes such conditional period the longer of:
(1) three years after the member's death;
(2) the date on which a dependent reaches age 21; or
(3) the date on which a dependent who was enrolled in a full-time course of study ceases to pursue such course of study or reaches 23 years of age.
(1) the responsibilities of each TRICARE regional office to include the monitoring, oversight, and improvement of the TRICARE Standard option in that region; and
(2) an implementation report from the Secretary to the defense committees.
(Sec. 717)Prohibits a person from serving as a Regional Director under the TRICARE program unless such individual is:
(1) an officer in the Armed Forces in a general or flag officer grade;
(2) a civilian DOD employee in the Executive Service; or
(3) a civilian employee of the federal government or the private sector with experience comparable to individuals under
(2), above. Requires also, for any such individual, at least ten years of experience, expertise, or training in military health care, managed care, and health care policy and administration.
Subtitle C: Mental Health-Related Provisions -
(Sec. 721)Requires the Secretary to develop a program to improve awareness of the availability of mental health services for, and warning signs about mental health problems in, dependents of members who served or will serve in a combat theater during the previous or next 60 days. Requires a report from the Secretary to Congress on program effectiveness.
Directs the Secretary to:
(1) carry out a pilot project to evaluate the efficacy of various approaches to improving the capability of the military and civilian health care systems to provide early diagnosis and treatment of PTSD and other mental health conditions; and
(2) report to the defense and appropriations committees on the project.
(Sec. 722)Authorizes the Secretary to carry out pilot projects on improving the early diagnosis and treatment of PTSD and other mental health conditions. Authorizes at least one such project at a National Guard or Reserve facility located at least 40 miles from a military medical facility and whose personnel are served primarily by civilian community health resources. Requires a report from the Secretary to the defense and appropriations committees on the identification of appropriate pilot projects.
(1) the Secretary to establish within DOD a task force to examine matters relating to mental health and the Armed Forces;
(2) the task force to report to the Secretary an assessment of, and recommendations for improving, mental health care provided by the military departments;
(3) the task force to report to the Secretary on all activities undertaken under this section; and
(4) the latter report to be transmitted to the defense and veterans' committees. Terminates the task force 90 days after the latter report.
Subtitle D: Studies and Reports -
(Sec. 731)Requires the Secretary to:
(1) conduct a study of the effectiveness of self-administered surveys included in predeployment and postdeployment medical exams of members of the Armed Forces that are carried out as part of the DOD medical tracking system for members deployed overseas; and
(2) report to the defense committees on the study.
(Sec. 732)Requires annual (currently, periodic) physical examinations and documentation to the Secretary concerned of the medical and dental readiness of members of the Selected Reserve not on active duty.
(Sec. 733)Requires a report from the Secretary to the defense and appropriations committees on the delivery of health care benefits through the military health care system.
(Sec. 734)Directs the CG to conduct studies of the effectiveness of:
(1) current differential payments to children's hospitals for health care services for severely ill dependent children of members under the TRICARE program in achieving adequate health care services for such children; and
(2) the TRICARE program in achieving adequate access to high quality obstetrical care services for family members of military personnel. Requires:
(1) the CG to report to the Secretary and the defense and appropriations committees on each study; and
(2) the Secretary to transmit to such committees proposals for legislative or administrative action to implement modifications suggested by such studies.
(Sec. 735)Requires a report from the Secretary to specified congressional committees on the Department of Defense AHLTA global electronic health record system.
(Sec. 736)Directs the CG to:
(1) conduct a study of the Vaccine Healthcare Centers operated by DOD in support of medical needs arising from mandatory military vaccinations; and
(2) report findings and recommendations to Congress.
(Sec. 737)Directs the Secretary to study and report to the defense and appropriations committees on adverse health events that may be associated with the use of anti-malarial drugs, including mefloquine.
(Sec. 738)Directs the Secretary to:
(1) conduct a study of the Reserve dental insurance program; and
(2) report to the defense and appropriations committees on the study.
(Sec. 739)Directs the Secretary to evaluate the feasibility and cost effectiveness of conducting a demonstration project to determine whether applying certain managed care methods under title XVIII (Medicare) of the Social Security Act would improve the quality of care, realize cost savings to DOD, and improve beneficiary satisfaction for DOD beneficiaries who are also entitled to Medicare health care. Requires:
(1) the Secretary, if the project is determined feasible, to develop a plan to carry out the project; and
(2) a project and plan report from the Secretary to the defense committees.
(Sec. 740)Authorizes the Secretary to conduct pilot projects to assess the feasibility, advisability, and utility of encouraging pediatric early literacy among the children of military personnel. Requires a report from the Secretary to the defense committees on projects conducted.
Subtitle E: Other Matters -
(Sec. 741)Amends the Spence Act to authorize the Patient Safety Center to be relocated to a place other than within the Armed Forces Institute of Pathology. Renames the MedTeams Program as Medical Team Training.
(Sec. 742)Revises health care quality information and technology reporting requirements under the NDAA for Fiscal Year 2000.
(Sec. 743)Authorizes military health care benefits in advance of the active-duty reporting date for Senior ROTC graduates who have been commissioned and have received orders for active duty.
(Sec. 744)Prohibits a department Secretary from converting any military medical or dental position to a civilian medical or dental position until the Secretary submits to the defense committees a certification that the conversion will not increase cost or decrease quality of or access to health care. Directs the CG to study the effect of such conversions on the defense health program, and to report study results to the defense committees.
(Sec. 745)Amends the Reagan Act to state that references in such Act to medical readiness, health status, and health care includes dental readiness, dental status, and dental care.
(Sec. 746)Directs the Secretary of the Navy to conduct an outreach program to contact as many members and former members as possible who, in connection with service aboard Navy ships, may have been exposed to aerosolized particles resulting from the removal of nonskid coating used on such ships. Requires such Secretary to begin the outreach program within six months after the enactment of this Act and to report on program results.
(Sec. 747)Repeals the requirement for CG reviews of certain DOD-Department of Veterans Affairs projects on the sharing of health care resources.
(Sec. 748)Directs the Secretary to report to the defense committees on DOD efforts to prepare for pandemic influenza, including pandemic avian influenza.
(Sec. 749)Directs the Secretary to ensure that appropriate action is taken to assist a member who, as a result of a medical examination, receives a referral for follow-up treatment.
(Sec. 750)Requires the Secretary to:
(1) establish DOD policy on the role of military medical and behavioral science personnel in the interrogation of persons detained by the Armed Forces; and
(2) report to the defense and appropriations committees on the policy established.
Title VIII: Acquisition Policy, Acquisition Management, and Related Matters - Subtitle A: Provisions Relating to Major Defense Acquisition Programs -
(Sec. 801)Prohibits a major defense acquisition program (MDAP) from receiving Milestone B approval, or Key Decision Point B approval in the case of a space program, until the Secretary makes specified certifications with respect to the technology testing, mission requirements, and affordability of the MDAP. Requires the MDAP certification to be submitted to the defense and appropriations committees. Authorizes the Secretary to waive MDAP certification requirements when, but for such waiver, DOD would be unable to meet national security objectives.
(Sec. 802)Defines the terms "significant cost growth threshold" and "critical cost growth threshold" as they relate to baseline cost estimates for MDAPs. Incorporates such thresholds into MDAP unit cost report and related requirements. Adds the term "original baseline estimate" with respect to MDAPs. Requires that, in the event of an adjustment or revision of the original baseline description of an MDAP, the Secretary shall include in the next Selected Acquisition Report a notification to the defense and appropriations committees of such adjustment or revision, together with the reasons therefor.
(Sec. 803)Allows a DOD major weapon system to be treated as a commercial item, or purchased under commercial item procedures, only if:
(1) the Secretary determines that the major weapon system is a commercial item as defined under federal law;
(2) such treatment is necessary to meet national security objectives; and
(3) the defense and appropriations committees are notified at least 30 days before such treatment or purchase occurs.
(Sec. 804)Directs the Secretary to report to the defense and appropriations committees on:
(1) the acquisition status of each MDAP whose program acquisition or procurement unit cost has exceeded by more than 50 percent the original baseline projection for such unit cost; and
(2) the use of lead system integrators for the DOD acquisition of major systems.
(Sec. 806)Requires the Secretary to notify the defense and appropriations committees at least 60 days before canceling a major automated information system program that has been fielded or approved to be fielded, or making a change that will significantly reduce the scope of such a program, of the proposed cancellation or change.
Subtitle B: Acquisition Policy and Management -
(Sec. 811)Requires, for each covered non-defense agency, the inspectors general of DOD and the agency involved to carry out reviews of the procurement policies, procedures, and internal controls applicable to the procurement of property and services on behalf of DOD by such agency. Includes as covered non-defense agencies the Departments of the Treasury and the Interior as well as the National Aeronautics and Space Administration. Provides DOD procurement limitations with respect to agencies for which the above review results in a negative compliance determination. Provides an exception with respect to an agency for which the Under Secretary has determined that it is necessary in the interests of DOD to continue to procure property and services through such agency. Terminates applicable DOD procurement limitations upon non-defense agency compliance with defense procurement requirements.
(Sec. 812)Rewrites federal provisions requiring the Secretary to establish a management structure for the procurement of contract services for DOD to:
(1) require the Under Secretary to develop and maintain policies, procedures, and best practices guidelines addressing the procurement of such services; and
(2) make the service acquisition executive of each military department and defense agency responsible for carrying out such policies, procedures, and guidelines within their respective department or agency. Provides for the phased implementation of such requirements. Requires a final implementation report from the Secretary to the defense committees.
(Sec. 813)Requires a report in each of FY2005 and FY2006, from the Secretary of each military department to the Under Secretary, on service surcharges for purchases made for military departments through other DOD agencies in amounts greater than the simplified acquisition threshold. Directs the Secretary to report to the defense and appropriations committees on the reports received.
(1) the Defense Acquisition University to review the DOD acquisition structure and capabilities and report to the Under Secretary on such review; and
(2) such report to be transmitted to the defense and appropriations committees.
(Sec. 815)Requires DOD contracts for the lease of a combat vehicle (currently, only for the lease of a vessel of aircraft) to be specifically authorized by law. Requires a certification, from the Secretary to specified congressional committees, that entering into the proposed contract for such vehicle, vessel, or aircraft is the most cost-effective means of obtaining it, and that the Secretary has determined that the lease complies with all applicable laws, circulars, and regulations. Authorizes a review of the proposed contract prior to its authorization by Congress. Applies such requirements to capital leases and lease-purchase agreements.
(Sec. 816)Directs the Secretary to provide guidance for the military departments and defense agencies on the use of tiered evaluations of offers for contracts and for task or delivery orders under contracts.
(1) the Secretary to develop a joint policy for contingency contracting during combat operations and post-conflict operations; and
(2) an interim and final report, from the Secretary to the defense committees, concerning such policy.
(Sec. 818)Directs the Secretary to:
(1) develop a revised strategy for acquiring commercial satellite communications services;
(2) perform a complete spend analysis of DOD acquisitions of such services during the period from FY2000 through FY2005; and
(3) report to Congress on the DOD acquisition strategy for such services.
(Sec. 819)Requires the Secretary, in awarding any contract to an entity for the procurement of goods or services, to use as an evaluation factor whether the entity intends to carry out the contract using employees or subcontractors who are members of the Selected Reserve. Subtitle C: Amendments to General Contracting Authorities, Procedures, and Limitations -
(Sec. 821)Amends the Office of Federal Procurement Policy Act to direct the Administrator of General Services to transfer to the Secretary certain funds to be used by the Defense Acquisition University for acquisition workforce training.
(Sec. 822)Increases from $500,000 to $550,000 the cost accounting standard threshold under the above Act.
(Sec. 823)Amends the NDAA for Fiscal Year 1994 to provide specified conditions to be met before DOD can carry out prototype projects:
(1) in excess of $20 million but not over $100 million; and
(2) in excess of $100 million.
(Sec. 824)Increases from $150,000 to $300,000 the fiscal year limit on DOD procurement technical assistance programs operated on a less-than-statewide basis.
Subtitle D: United States Defense Industrial Base Provisions -
(Sec. 831)Provides an exception to Buy American requirements for the procurement of perishable foods for an establishment located outside the United States for the personnel attached to such establishment.
(Sec. 832)Directs the Secretary to ensure that each member of the defense acquisition workforce who participates personally and substantially and on a regular basis in the acquisition of textiles receives training during FY2006 on defense Buy American requirements.
(Sec. 833)Requires the Secretary to provide public notice of any waiver of domestic source requirements relating to clothing materials and covered components thereof within seven days after the award of a contract.
Subtitle E: Other Matters -
(Sec. 841)Directs the CG to:
(1) review DOD efforts to identify areas of vulnerability of DOD contracts to fraud, waste, and abuse; and
(2) report review results to the defense committees.
(Sec. 842)Extends through FY2009 current DOD contract goals for small disadvantaged businesses and certain minority institutions of higher education.
(Sec. 843)Amends the Services Acquisition Reform Act of 2003 to extend by six months a final report of an advisory panel reviewing laws and regulations relating to defense acquisition practices.
(Sec. 844)Amends the Small Business Act to require the SBA Administrator to:
(1) review the application of business income limits relating to eligibility for federal prime contracts and subcontracts to determine whether security expense costs from operating in Iraq, Afghanistan, or a foreign combat zone should be excluded from such consideration; and
(2) either adjust the size standards to exclude such costs or report to the small business committees as to why such an adjustment would not be fair and appropriate.
(Sec. 845)Includes drought within the definition of "disaster" for purposes of disaster relief provided to small businesses under the Small Business Act. Limits to $9 million during each of FY2005-FY2008 the amount that may be used by the SBA for drought disaster loans to non-farm-related small businesses. Requires prompt (30 days) response to a state governor's request for disaster relief.
(Sec. 846)Extends through FY2008 the authority of the commander of the United States Joint Forces Command to acquire systems in connection with the joint warfighting experimentation. Requires a report from the CG to the defense committees on the implementation of such authority.
(Sec. 847)Amends the Office of Federal Procurement Policy Act to establish within the General Services Administration (GSA) the Civilian Board of Contract Appeals (replacing separate civilian boards of contract appeals of various civilian agencies). Terminates boards established by civilian agencies, except for the Armed Services Board of Contract Appeals, the Postal Service Board of Contract Appeals, and the board of contract appeals of the Tennessee Valley Authority.
(Sec. 848)Amends the Reagan Act to extend through FY2006 the inapplicability of the Randolph-Sheppard Act (provides self-support opportunities to blind persons through the operation of vending machines in federal facilities) to military mess facilities. Directs the Secretaries of Defense and Education and the Chairman of the Committee for Purchase From People Who Are Blind or Severely Disabled to jointly issue, and report on, a statement of policy related to the implementation of the Randolph-Sheppard Act and the Javits-Wagner-O'Day Act within the Departments of Defense and Education.
(Sec. 849)Directs the Secretary to study and report on DOD procurement contracts with small businesses owned and controlled by service-disabled veterans.
Title IX: Department of Defense Organization and Management - Subtitle A: General Department of Defense Management Matters -
(Sec. 901)Raises from Executive Level IV to III the level of basic pay for the Under Secretaries of the military departments.
(Sec. 902)Makes any individual:
(1) with substantial experience in the field of test and evaluation (currently, only commissioned officers) eligible for the position of Director of the Defense Test Resource Management Center; and
(2) (currently, only senior civilian officers and employees of DOD) eligible for the position of Deputy Director of the Center.
(Sec. 903)Authorizes the Secretary to accept gifts or donations on behalf of any DOD regional center for security studies to defray the costs or enhance the operations of such center. Provides acceptance limitations and criteria.
(Sec. 904)Redesignates each:
(1) Director of Small and Disadvantaged Business Utilization of DOD and the military departments as the Director of Small Business Programs; and
(2) Office of Small and Disadvantaged Business Utilization of DOD and the military departments as the Office of Small Business Programs. Provides appropriate duties and functions of such directors and offices.
(Sec. 905)Requires the Secretary to submit to the defense and appropriations committees a plan for the defense of the U.S. homeland against cruise missiles, unmanned aerial vehicles, and other low-altitude aircraft that may be launched in an attack against the United States.
(Sec. 906)Amends the NDAA for Fiscal Year 1997 to authorize the use of DOD funds for the provision of audiovisual support services for the White House Communications Agency.
(Sec. 907)Directs the Secretary to select one or two federally funded research and development centers to conduct independent studies of the feasibility and advisability of establishing a Deputy Secretary of Defense for Management. Requires such centers to report study results to the Secretary and the defense committees.
(Sec. 908)Includes the Homeland Security Council among the entities to which the JCS Chairman shall act as principal military adviser.
(Sec. 909)Amends the Armed Forces Retirement Home Act of 1991 to require each facility of the Home, in providing health care needs to its residents, to have a physician and a dentist available:
(1) during daily business hours; and
(2) on an on-call basis at other times. Requires the Home to provide daily scheduled transportation to nearby medical facilities used by residents. Authorizes the Home to provide transportation to a medical facility located not more than 30 miles away for the provision of necessary and urgent medical care for residents. Prohibits the collection of a fee for such transportation. Requires a report from the CG to the defense committees assessing health and nursing home care provided by the Home.
Subtitle B: Space Activities -
(Sec. 911)Directs the Secretary to develop a Space Situational Awareness Strategy for ensuring freedom to operate U.S. space assets affecting national security. Requires the Strategy to be:
(1) submitted to Congress by April 15, 2006; and
(2) updated and resubmitted on such date every odd-numbered year thereafter. Requires the Strategy to:
(1) cover the 20-year period from 2006 through 2025; and
(2) include a space situational awareness capabilities roadmap. Directs the Secretary of:
(1) the Air Force to develop a space situational awareness implementation plan; and
(2) Defense to review and assess, and report to the defense and appropriations committees on, DOD requirements for the space control mission.
(Sec. 912)Requires the Director of the National Security Space Office of DOD to provide for an independent assessment to develop and compare options for individual acquisition of additional Advanced Extremely High Frequency space vehicles, in conjunction with modifications to future acquisitions under the Wideband Gapfiller System program, that will accomplish specified objectives in achieving interim improvements in the capabilities of satellite communications to meet military requirements through upgrades to current systems. Requires an options report from the Director to Congress.
(Sec. 913)Directs the Secretary to establish or designate a DOD organization to coordinate joint operationally responsive space payload technology. Requires the organization to produce an annual master plan. Directs the Secretary to award contracts for technology projects that support the focus areas set out in annual master plans. Requires a report from:
(1) the Secretary on the creation of a joint program office for the Tactical Satellite Program and for transition of that Program out of the Office of Force Transformation; and
(2) the DOD executive agent for space and the Director of the Missile Defense Agency to the defense committees on specified space and missile defense activities.
(Sec. 914)Requires the Secretary to report to the defense and appropriations committees on the feasibility and advisability of using the Space Radar for providing coastal zone and other topographical mapping and related information to the scientific community and other elements of the private sector for scientific and civil purposes.
(Sec. 915)Expresses the sense of Congress that it is in the U.S. national security interest to maintain preeminence in human space flight.
Subtitle C: Chemical Demilitarization Program -
(Sec. 921)Amends the Department of Defense Authorization Act, 1986 to include federally-recognized Indian tribal governments within cooperative agreement authority under the chemical demilitarization program.
(Sec. 922)Authorizes the Secretary to use up to $51 million of defense-wide RDT&E funds to support chemical demilitarization operations at the Pueblo Army Depot, Colorado, and the Blue Grass Army Depot, Kentucky. Terminates such authority at the end of FY2006. Prohibits the Secretary from carrying out any such activity until 21 days after notification of the defense and appropriations committees.
Subtitle D: Intelligence-Related Matters -
(Sec. 931)Directs the Secretary to develop and submit to Congress a strategy for integrating open-source intelligence into the defense intelligence process.
(Sec. 932)Directs the Secretary to submit to the defense and intelligence committees a report providing a comprehensive inventory of DOD intelligence and intelligence-related programs and projects.
(Sec. 933)Amends the National Security Act of 1947 to authorize the Director of the Defense Intelligence Agency (DIA) to exempt DIA operational files from federal public disclosure laws. Provides exemption limits. Requires files not exempted which contain information derived or disseminated from exempted files to be subject to search and review. Provides judicial review for any person who alleges that the DIA has improperly withheld records (with limitations). Requires the DIA Director, at least every ten years, to review the exemptions in force to determine whether any should be removed. Requires the review to include consideration of the historical value or other public interest in the subject matter of a file and the potential for declassifying a significant part thereof. Includes investigations by the Office of the Inspectors General of the National Geospatial-Intelligence Agency and the National Reconnaissance Office among those for which exempted operational files shall continue to be subject to search and review. Terminates this section on December 31, 2007.
Title X: General Provisions - Subtitle A: Financial Matters -
(Sec. 1001)Authorizes the Secretary, in the national interest, to transfer up to $3.5 billion of the amounts made available to DOD in this Act between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
(Sec. 1002)Adjusts amounts authorized to be appropriated to the Departments of Energy and Defense for FY2005 in the Reagan Act by the amount by which appropriations pursuant to such authorizations are:
(1) increased or decreased under the Emergency Supplemental Appropriations Act for Defense, the Global War on Terrorism, and Tsunami Relief, 2005;
(2) increased under the Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina, 2005; and
(3) increased under the Second Emergency Supplemental Appropriations Act to Meet Immediate Needs Arising From the Consequences of Hurricane Katrina.
Adjusts amounts authorized to be appropriated to DOD for FY2006 by the amounts by which appropriations pursuant to such authorizations are increased by:
(1) a supplemental appropriation or transfer of funds arising from an Administration proposal relating to avian flu preparedness; and
(2) a reallocation of funds from the Disaster Relief Fund of the Federal Emergency Management Agency (FEMA) arising from a proposal of the Director of the Office of Management and Budget (OMB) on the reallocation of amounts for hurricane-related disaster relief.
Authorizes emergency supplemental appropriations for DOD for FY2006 for providing humanitarian assistance to the victims of the earthquake in northern Pakistan on October 8, 2005.
Requires various reports from the Secretary to the defense and appropriations committees on the use of the funds authorized under this section.
(Sec. 1003)Amends the Reagan Act to increase its FY2005 general transfer authority.
(Sec. 1004)Directs the Secretary and the Secretaries of the military departments to report to Congress on the feasibility and desirability of using a capital budgeting system for the financing of MDAPs.
(Sec. 1005)Provides a new limitation on the total amount authorized to be contributed by the Secretary in FY2006 for the common-funded budgets of NATO (rather than the maximum amount otherwise applicable under the 1998 baseline limitation). Allocates for such purpose amounts authorized under titles II and III of this Act.
Subtitle B: Naval Vessels and Shipyards -
(Sec. 1011)Authorizes the Secretary of the Navy to convey the:
(1) yard floating drydock YFD-70 in Seattle, Washington, to Todd Pacific Shipyard Corporation, its current user; and
(2) medium auxiliary floating drydock SUSTAIN in Duval County, Florida, to Atlantic Marine Property Holding Company, its current user.
(Sec. 1013)Authorizes the Secretary of the Navy to convey to the port authority of Port Arthur, Texas, the inactive medium auxiliary floating drydock AFDM-2, currently administered through the National Defense Reserve Fleet.
(Sec. 1014)Authorizes the Secretary of the Navy to:
(1) transfer the battleship U.S.S. WISCONSIN from the Naval Vessel Register; and
(2) require, as a transfer condition, that the transferee locate the battleship in the Commonwealth of Virginia. Authorizes such Secretary to transfer the battleship U.S.S. IOWA, and requires that the transferee locate that battleship in the state of California.
(Sec. 1015)Authorizes the Secretary of the Navy to transfer the decommissioned destroyer ex-USS Forrest Sherman to the USS Forrest Sherman DDS-931 Foundation.
(Sec. 1016)Requires a report from the Secretary to the defense committees on the leasing (including chartering) of vessels by DOD to meet national defense sealift requirements.
(Sec. 1017)Directs the Secretary of the Navy to identify an appropriate site on Ford Island, Hawaii, for the location of a memorial to the U.S.S. OKLAHOMA, which was sunk during the attack on Pearl Harbor on December 7, 1941. Requires the Secretary of the Interior, after the site has been selected, to administer and maintain it as part of the U.S.S. ARIZONA memorial, a unit of the National Park System.
(Sec. 1018)Authorizes the Secretary to use funds appropriated to the National Defense Sealift Fund for FY2006 to purchase up to six Maritime Prepositioning Ship vessels. Subtitle C: Counter-Drug Activities -
(Sec. 1021)Amends the Spence Act to require an additional report (the report requirement terminated in 2002) regarding DOD expenditures in FY2005 in support of foreign government counterdrug activities.
(Sec. 1022)Amends the NDAA for Fiscal Year 2004 to state that, during FY2006 and FY2007, a joint task force supporting law enforcement agencies conducting counterdrug activities may use funds available for that activity to also support counterterrorism activities of those agencies. Requires a report from the Secretary to Congress concerning the effectiveness of using the funds for such purposes.
(Sec. 1023)Expresses the sense of Congress that:
(1) Congress and DOD fund the Counterdrug Tethered Aerostat program; and
(2) DOD install maritime radar on the Lajas, Puerto Rico, aerostat. Subtitle D: Matters Related to Homeland Security -
(Sec. 1031)Amends the Defense Against Weapons of Mass Destruction Act of 1996 to designate the Assistant Secretary of Defense for Homeland Defense as the DOD official responsible for coordinating DOD assistance to federal, state, and local government officials dealing with nuclear, chemical, and biological emergency response. Expands those responsibilities to include nuclear, radiological, and high yield explosives.
(Sec. 1032)Makes the Secretary of Homeland Security (currently, Defense) responsible for the testing of preparedness involving nuclear, radiological, chemical, biological, and high-yield explosives at the federal, state, and local levels.
(Sec. 1033)Makes the Secretary of Homeland Security (currently, the Director of the Federal Emergency Management Agency) responsible for requesting DOD assistance in a weapons of mass destruction emergency response.
(Sec. 1034)Repeals the DOD emergency response assistance program under the Defense Against Weapons of Mass Destruction Act of 1996.
(Sec. 1035)Directs the Secretary to report to the defense committees on the results of a study regarding the use of DOD aerial reconnaissance equipment in missions in which the Armed Forces support the Department of Homeland Security (DHS) in performing its international border security mission.
Subtitle E: Reports and Studies -
(Sec. 1041)Requires the Secretary to:
(1) review current and future needs, options, and risks associated with Defense Base Act insurance; and
(2) report review results to the defense and appropriations committees.
(Sec. 1042)Requires a report from the Secretary to the defense committees on the implementation of recommendations of the Defense Science Board Task Force on High Performance Microchip Supply.
Subtitle F: Other Matters -
(Sec. 1051)Establishes the Commission on the Implementation of the New Strategic Posture of the United States to:
(1) examine programmatic requirements of the Nuclear Posture Review (conducted under requirements of the Spence Act);
(2) make appropriate recommendations following such review; and
(3) report to the Secretary and the defense committees on its findings and conclusions.Terminates the Commission on July 30, 2007.
(Sec. 1052)Reestablishes the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack, as originally established under the Spence Act. Directs the Commission to monitor, investigate, make recommendations, and report to Congress on the evolving threat to the United States from electromagnetic pulse attack resulting from the detonation of a nuclear weapon or weapons at high altitude. Requires a final Commission report no later than June 30, 2007, with interim reports as considered appropriate. Terminates the Commission 30 days after its final report.
(Sec. 1053)Amends the Internal Security Act of 1950 to revise provisions concerning penalties for violations of defense property and facilities security regulations and orders. Allows the delegation of the authority to issue security regulations at certain facilities to civilian directors of those facilities (currently, such authority is limited to uniformed military officers). Makes other technical and conforming amendments to reflect changes in law made since the enactment of such Act.
(Sec. 1054)Expands DOD counterintelligence polygraph authority to authorize the administering of polygraph examinations to individuals whose duties involve assistance in intelligence or military missions where the misuse of information could:
(1) jeopardize human life or safety;
(2) result in the loss of unique or uniquely productive intelligence sources or methods vital to US national security; or
(3) compromise technologies, operational plans, or security procedures vital to the strategic advantage of the United States and its allies. Provides exceptions from coverage for certain intelligence agencies and functions. Outlines polygraph examination standards. Directs the Secretary to carry out a continuing research program to support DOD polygraph examination activities.
(Sec. 1055)Prohibits the Secretary from destroying any document in the custody or control of DOD that contains information relating to radioactive fallout from the testing of a nuclear device. Directs the Secretary to instead identify, preserve, and publish such information.
(Sec. 1056)Makes technical and conforming amendments and deletes obsolete definitions under federal Armed Forces and National Guard provisions.
(Sec. 1058)Prohibits any federal law from being construed to limit any federal agency from providing any form of support for a youth organization (including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America) that would result in that federal agency providing less support to that youth organization (or any similar organization chartered under federal law relating to the Boy Scouts of America) than was provided during the preceding fiscal year. Requires the Secretary to provide at least the same level of support for a national or world Boy Scout Jamboree as was provided for the preceding Jamboree. Authorizes waivers of the above requirements for national security reasons.
Amends the Housing and Community Development Act of 1974 to prohibit any state or unit of general local government that has a designated open forum, limited public forum, or nonpublic forum and that is a recipient of assistance under such Act from denying equal access or a fair opportunity to meet to, or discriminate against, any youth organization, including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America, that wishes to conduct a meeting or otherwise participate in that designated forum.
(Sec. 1059)Authorizes the Secretary, for purposes of documentation under the Immigration and Nationality Act, to provide the status of special immigrant to a national of Iraq or Afghanistan who worked directly with U.S. Armed Forces as a translator for at least 12 months and obtained a favorable written recommendation from a general or flag officer in the chain of command of the unit for which the alien worked. Prohibits the total number of aliens receiving such status from exceeding 50 during any fiscal year.
(Sec. 1060)Amends the Act of May 27, 1955 (concerning the protection of U.S. property) to include various emergency services within authorized services for fire protection.
(Sec. 1061)Amends the NDAA for Fiscal Year 2000 to renew (previously terminated at the end of FY2001), during the period from the enactment of this Act until the end of FY2010, a moratorium on the return of veterans memorial objects to foreign nations without specific authorization in law.
(Sec. 1062)Expresses the sense of Congress that it is in the U.S. national security interest to maintain a strong aeronautics research and development program within DOD and NASA.
(Sec. 1063)Provides specified conditions to be met by airports built under the National Plan of Integrated Airport Systems in order to be eligible to receive approval of an airport layout plan from the Federal Aviation Administration (FAA).
Subtitle G: Military Mail Matters -
(Sec. 1071)Requires the Secretary to:
(1) develop and implement a plan to ensure that mail within the military mail system is safe for delivery (requiring screening of such mail); and
(2) report to Congress concerning such safety.
Title XI: Civilian Personnel Matters - Subtitle A: Extensions of Authorities -
(Sec. 1101)Extends through FY2010 the authority:
(1) for certain individuals to elect continued health benefits coverage for up to 18 months after an involuntary separation, or voluntary separation due to a reduction in force;
(2) of the Secretary of DOD or a military department to substitute an employee's voluntary separation from service for another employee who would otherwise be separated involuntarily under a reduction in force; and
(3) of such Secretaries to pay severance pay in one lump sum.
(Sec. 1104)Amends the Reagan Act to revise provisions establishing the science, mathematics, and research for transformation (SMART) defense scholarship pilot program. Makes the program permanent (currently, ends three years after the enactment of that Act). Authorizes the Secretary to award fellowship (currently, only scholarship) assistance under the program, and allows assistance to be paid directly to the person or to an administering entity. Authorizes the Secretary to appoint or retain a program participant on an interim basis while the person is pursuing a degree under the program and for up to two years after completion of such degree, with certain conditions. Requires repayment of assistance for unserved periods.
(Sec. 1105)Authorizes the head of an agency to waive the annual limitation on the total compensation paid to federal civilian employees in the case of an employee who performs work overseas in an area of responsibility of the commander of the U.S. Central Command in direct support of, or directly related to, a military operation. Prohibits the total annual compensation of such an employee from exceeding $200,000.
Subtitle B: Veterans Preference Matters -
(Sec. 1111)Provides a federal hiring preference for veterans who served on active duty for more than 180 consecutive days any part of which occurred during the period beginning on September 11, 2001, and ending on the date prescribed or proclaimed as the last day of Operation Iraqi Freedom.
(Sec. 1112)Provides a veterans' federal hiring preference for members who are discharged or released from active duty in the National Guard or reserves.
Subtitle C: Other Matters -
(Sec. 1121)Authorizes the payment of a travel and transportation allowance for up to three family members of a federal employee who:
(1) was held captive, as determined by the head of the agency concerned; and
(2) is repatriated to a site inside or outside the United States.
(Sec. 1122)Directs the Secretary to develop and submit to the defense committees a strategic plan to shape and improve the DOD civilian employee workforce. Requires:
(1) plan updates during 2007 through 2012; and
(2) CG review of the plan and a report to such committees.
(Sec. 1123)Directs the Secretary to commission an independent study to identify the features of successful personnel management systems of the highly technical and scientific workforces of DOD laboratories and similar scientific facilities and institutions.
(Sec. 1124)Authorizes the Secretary, subject to the availability of appropriated funds, to support implementation of the Civilian Linguist Reserve Corps pilot project as authorized under the Intelligence Authorization Act for Fiscal Year 2005.
(Sec. 1125)Increases from 544 to 594 per fiscal year the authorized number of Defense Intelligence Senior Executive Service employees.
Title XII: Matters Relating to Foreign Nations - Subtitle A: Assistance and Training -
(Sec. 1201)Increases from $5 million to $10 million the funding authorized for equipment, services, and supplies in support of DOD activities in certain nations to detect and clear landmines. Includes "surgical" within the types of humanitarian and civic assistance authorized in rural, underserved areas of the world.
(Sec. 1202)Earmarks DOD O&M funds for FY2006 and FY2007 for the Commander's Emergency Response Program (urgent humanitarian and reconstruction relief for Iraq and Afghanistan). Requires quarterly reports during such period from the Secretary to the defense and appropriations committees on the source and allocation of such funds. Provides fund use limitations.
(Sec. 1203)Authorizes the Secretary to pay the travel, subsistence, and other personnel expenses for defense personnel from developing countries to attend a conference, seminar, or similar meeting within (current law) or between an area of responsibility of the unified combatant command in which the developing country is located.
(Sec. 1204)Authorizes the Secretary to enter into acquisition and cross-servicing agreements with regional international organizations of which the United States is not a member.
(Sec. 1205)Extends through FY2007 the authority of the Secretary to pay for certain administrative services and support for coalition liaison officers.
(Sec. 1206)Allows the President to direct the Secretary to conduct or support a program to build the capacity of a foreign country's national military forces in order for that country to:
(1) conduct counterterrorist operations; or
(2) participate in or support military and stability operations in which U.S. Armed Forces are a participant. Provides an annual funding limitation of $200 million. Requires the:
(1) Secretary to notify specified congressional committees 15 days in advance of taking action under this section with respect to a country; and
(2) President to report to such committees an examination of certain foreign assistance issues related to the authority provided under this section. Terminates the program at the end of FY2007.
(Sec. 1207)Authorizes the Secretary to provide services, and transfer defense articles and funds, to the Secretary of State for purposes of reconstruction, security, or stabilization assistance to a foreign country. Limits to $100 million the total amount of such assistance in a fiscal year. Requires the Secretary to notify specified congressional committees of the exercise of such authority. Terminates such authority at the end of FY2007.
(Sec. 1208)Authorizes the Secretary, using O&M funds authorized under this Act, to reimburse any key cooperating nation for logistical and military support provided in connection with U.S. military operations in Iraq and Afghanistan and the global war on terrorism. Limits to $1.5 billion the total amount of such payments.
(Sec. 1209)Authorizes the President to transfer defense articles and provide defense services to the military and security forces of Iraq and Afghanistan to support their efforts to restore and maintain peace and security in those countries. Limits to $500 million the total aggregate value of such articles and services. Requires at least 15 days' advance notification to specified congressional committees.
Subtitle B: Nonproliferation Matters and Countries of Concern -
(Sec. 1211)Prohibits the Secretary from procuring goods or services through a contract or subcontract from any Communist Chinese military company. Provides exceptions. Authorizes the Secretary to waive such prohibition for national security purposes.
(Sec. 1212)Directs the Secretary to:
(1) review U.S. and Russian nonstrategic nuclear weapons and determine whether it is in the U.S. national security interest to reduce the number of such weapons, improve their security, and take related action; and
(2) submit a joint report (with the Secretaries of State and Energy) to the defense and appropriations committees on review results.
Subtitle C: Reports and Sense of Congress Provisions -
(Sec. 1221)Directs the Secretary to submit to the:
(1) defense and appropriations committees reports on procurement, equipment maintenance, and facility infrastructure costs of each of Operations Iraqi Freedom, Enduring Freedom, and Noble Eagle; and
(2) CG the Department of Defense Supplemental and Cost of War Execution reports. Outlines specific information requirements with respect to such costs.
(Sec. 1222)Requires quarterly reports, from the Secretary and appropriate personnel of the Central Intelligence Agency (CIA) to the defense, intelligence, and appropriations committees, on the strategy for the war in Iraq, including progress made in the execution of that strategy. Terminates such briefing requirement after 12 reports or December 31, 2008, whichever is later.
(Sec. 1223)Directs the Secretary to report to the defense and appropriations committees on records kept by U.S. Armed Forces of civilian casualties in Afghanistan and Iraq.
(Sec. 1224)Requires the Secretary to report to the defense, foreign relations, and appropriations committees on DOD costs to carry out United Nations (U.N.) resolutions.
(Sec. 1225)Expresses the sense of Congress that:
(1) the government of Libya should be commended for steps taken to renounce terrorism and eliminate Libya's weapons of mass destruction and related programs; and
(2) an important priority for improving U.S.-Libya relations should be Libya's good faith efforts to resolve claims of members of the U.S. Armed Forces and other U.S. citizens who were injured in the bombing of the LaBelle Discotheque in Berlin, Germany, in April 1986, and of family members of U.S. military personnel who were killed in that bombing. Requires an initial and subsequent updated report from the Secretary of State to the defense and foreign relations committees on the status of negotiations in that regard.
(Sec. 1226)Expresses the sense of Congress that:
(1) cooperation between the United States and Russia with regard to missile defense is in the U.S. interest;
(2) there does not exist sufficient engagement between such countries with respect to missile defense cooperation;
(3) the United States should explore innovative and nontraditional means toward such cooperation; and
(4) as part of such effort, the Secretary should consider the possibilities for increased cooperation through the testing of detection and tracking equipment of the Missile Defense Agency (MDA) through the use of Russian target missiles, the provision of early warning radar to the MDA through the use of Russian radar data, and the implementation of the Joint Data Exchange Center in Moscow to improve early warning capabilities.
(Sec. 1227)United States Policy in Iraq Act - Expresses the sense of Congress that, in order to succeed in Iraq:
(1) members of the U.S. Armed Forces that are serving or who have served in Iraq and their families deserve respect and gratitude for their sacrifices;
(2) the Iraqi people have made enormous sacrifices and most Iraqis want to live in peace and security;
(3) 2006 should be a period of significant transition to full Iraqi sovereignty, with Iraqi security forces taking over the lead and thereby allowing for the phased redeployment of U.S. forces from Iraq;
(4) U.S. military forces should not stay in Iraq any longer than required and the professional military judgment of our senior military should be a key factor in future decisions;
(5) the Administration should tell Iraqi leaders that they need to make the compromises necessary to achieve political settlement essential for defeating the insurgency in Iraq; and
(6) the President has committed to continue to explain to Congress and the American people progress toward a successful completion of the mission in Iraq. Requires quarterly reports from the President to Congress on U.S. policy and military operations in Iraq.
Subtitle D: Other Matters -
(Sec. 1231)Provides that, whenever elements of U.S. Armed Forces are engaged in ongoing military operations in a country, the Secretary may, for purposes of force protection there, purchase weapons from any foreign person, government, international organization, or other entity located in that country. Limits to $15 million the total that may be expended in a fiscal year for such purpose. Requires a semiannual report from the Secretary to the defense committees on the exercise of such authority.
(Sec. 1232)Expresses the policy of the United States that riot control agents are not chemical weapons and that the President may authorize their use as legitimate, legal, and non-lethal alternatives to the use of force that may be employed by members of the Armed Forces in war in defensive military modes in order to save lives. Requires a report from the President to Congress on the use of such agents.
(Sec. 1233)Directs the Secretary, as part of the Global Posture Review, to develop criteria for assessing specified factors in deciding whether to seek agreement with a foreign country to establish or maintain in that country a main operating base, forward operating base, or cooperative security location. Requires the Secretary to notify the defense and appropriations committees no later than 30 days after entering into an agreement with a foreign country to support the deployment of elements of the U.S. Armed Forces in that country. Directs the Secretary to provide Congress, as an element of the annual DOD budget, information regarding funding sources for changes to individual bases or locations.
(Sec. 1234)Expresses the sense of Congress that the President should present to Congress a comprehensive strategy to address the emergence of China economically, developmentally, and militarily, to promote mutually beneficial trade relations with China, and to encourage China's adherence to international norms in the areas of trade, international security, and human rights. Title XIII: Cooperative Threat Reduction With States of the Former Soviet Union -
(Sec. 1301)Specifies the cooperative threat reduction (CTR) programs to be funded through O&M funds provided under this Act. Makes funds appropriated for such purposes available for three years. Allocates such funds among specified CTR programs. Prohibits such funds from being used for purposes other than those specified until 30 days after the Secretary reports on the new purposes. Provides limited authority to vary allocated amounts in the national interest, after congressional notification.
(Sec. 1303)Amends the Stump Act to make permanent (currently, terminates at the end of FY2005) the President's authority to waive restrictions on the use of funds for threat reduction in states of the former Soviet Union.
(Sec. 1304)Requires a report from the President to Congress on impediments in the states of the former Soviet Union to the effective conduct of CTR programs and related threat reduction and nonproliferation programs and activities.
(Sec. 1305)Amends the Spence Act to repeal the requirement for an annual CG assessment of DOD reports concerning activities and assistance under CTR programs.
Title XIV: Matters Relating to Detainees - Detainee Treatment Act of 2005 -
(Sec. 1402)Prohibits any person in the custody or effective control of DOD or under detention in a DOD facility from being subject to any treatment or technique of interrogation not authorized by, and listed in, the U.S. Army Field Manual on Intelligence Interrogation.
(Sec. 1403)Prohibits an individual in the custody or control of the U.S. government, regardless of nationality or physical location, from being subject to cruel, inhuman, or degrading treatment or punishment.
(Sec. 1404)Provides an affirmative defense in any civil action or criminal prosecution against an officer, employee, member of the Armed Forces, or other agent of the government who is a U.S. person arising out of such individual's engaging in specific operational practices, that involve the detention and interrogation of aliens who the President or his designees have determined are engaged in or associated with international terrorist activity that poses a serious, continuing threat to the United States or its allies, and that were officially authorized and determined to be lawful at the time that they were conducted, as long as such individual did not know that the practices were unlawful, and that a person of ordinary sense and understanding would not know the practices were unlawful. Authorizes the United States to employ counsel to assist in the defense of such an individual.
(Sec. 1405)Directs the Secretary to report to the defense and judiciary committees the procedures for status review of detainees held at Guantanamo Bay, Cuba, and in Afghanistan and Iraq. Requires:
(1) the periodic review of new evidence;
(2) an assessment of whether any detainee statements were derived with coercion and their resultant probative value, if any; and
(3) an annual report from the Secretary to Congress on the status review process. Provides for the judicial review of:
(1) Combat Status Review Tribunal decisions that an alien is properly detained as an enemy combatant; and
(2) final decisions of military commissions.
(Sec. 1406)Directs the Secretary to prescribe policies designed to ensure that all DOD military, civilian, and contractor personnel responsible for the training of any unit of the Iraqi Security Forces provide training regarding international obligations and laws applicable to the humane treatment of detainees, including protections afforded under the Geneva Conventions and the Convention Against Torture. Requires the Secretary, toward such purpose, to provide for translation into Arabic and other appropriate languages unclassified portions of the U.S. Army Field Manual on Intelligence Interrogation. Requires reports from the Secretary to the defense committees on the policies adopted under, and the implementation of, this section.
Title XV: Authorization for Increased Costs Due to Operation Iraqi Freedom and Operation Enduring Freedom -
(Sec. 1501)Authorizes emergency appropriations to DOD for FY2006 for additional costs due to Operations Iraqi Freedom and Enduring Freedom, with specific allocations for:
(4) defense working capital funds;
(5) the Defense Health Program;
(6) military personnel; and
(7) the Iraq Freedom Fund. Makes such amounts in addition to amounts otherwise authorized in this Act.
(Sec. 1513)Authorizes the Secretary, in the national interest, to transfer up to $2.5 billion of the amounts made available to DOD in this title between any such authorizations for that fiscal year, with limitations. Requires congressional notification of each transfer.
Division B: Military Construction Authorizations - Military Construction Authorization Act for Fiscal Year 2006 - Title XXI [sic]: Army -
(Sec. 2101)Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes such Secretary to construct or acquire family housing units, carry out architectural planning and design activities, and improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 2005 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title.
(Sec. 2105)Amends the Military Construction Authorization Act (MCAA) for FY2004 to decrease the amount authorized for a construction project in Vilseck, Germany.
Title XXII: Navy -
(Sec. 2201)Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title.
(Sec. 2205)Amends the MCAA for Fiscal Year:
(1) 2004 to increase the amount authorized for a construction project at the Naval Weapons Station, Earle, New Jersey; and
(2) 2005 to increase the amounts authorized for construction projects at the Marine Corps Air Facility, Quantico, Virginia, and the Strategic Weapons Facility Pacific, Bangor, Washington.
Title XXIII: Air Force -
(Sec. 2301)Provides, with respect to the Air Force, authorizations paralleling those provided for the Army under title XXI.
Title XXIV: Defense Agencies -
(Sec. 2401)Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out certain energy conservation projects. Authorizes appropriations to DOD for fiscal years after 2005 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title.
Title XXV: North Atlantic Treaty Organization Security Investment Program -
(Sec. 2501)Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 2005 for such Program.
Title XXVI: Guard and Reserve Forces Facilities -
(Sec. 2601)Authorizes appropriations for fiscal years after 2005 for National Guard and reserve forces for acquisition, architectural and engineering services, and construction of facilities.
Title XXVII: Expiration and Extension of Authorizations -
(Sec. 2701)Terminates all authorizations contained in titles XXI through XXVI of this Act on October 1, 2008, or the date of enactment of an Act authorizing funds for military construction for FY2009, whichever is later, with exceptions. Extends certain prior-year military construction projects.
Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes -
(Sec. 2801)Reduces from 21 to 14 days the waiting period, after congressional notification by the Secretary concerned, until such Secretary may use contingent construction authority and the authority to acquire existing facilities in lieu of construction.
(Sec. 2802)Increases from 2,400 to 2,800 the number of military family housing units authorized for lease by the Army in the Republic of Korea.
(Sec. 2803)Directs the Secretary to maintain and make available to Congress, as part of the Internet site of DOD, a link for regularly updated information on the status of all defense civilian agency and military construction and family housing projects, as well as operations, maintenance, and other support accounts authorized by the annual Military Construction Authorization Act. Restricts link access to Members and staff of the defense and appropriations committees.
(Sec. 2804)Expands the 25% maximum percentage for which the cost of a military construction project or the acquisition of a military family housing project may vary to include a 25% minimum variance percentage. Includes within information required in connection with the waiver of such limitation a description of the funds proposed to be used to finance any increased costs.
(Sec. 2805)Makes inapplicable to child development centers current restrictions on DOD authority to acquire or construct ancillary support facilities.
(Sec. 2806)Requires the Department of Defense Family Housing Improvement Fund and the Department of Defense Military Unaccompanied Housing Improvement Fund to be the sole sources of funding for certain acquisitions and improvements of military housing. Requires additional information in a report concerning the use of such funds.
(Sec. 2807)Revises conditions required for the Secretary concerned to terminate a contract for a military construction project using design-build selection procedures. Extends through FY2008 the temporary authority to enter into such contracts.
(Sec. 2808)Includes within the authority to carry out an exchange of facilities in order to satisfy military requirements the authority to acquire or exchange any associated utilities, equipment, and furnishings.
(Sec. 2809)Amends the MCAA for Fiscal Year 2004 to extend through FY2006 the temporary, limited DOD authority to use O&M funds for construction projects outside the United States during a declaration of war, a national emergency, or a contingency. Requires quarterly reports from the Secretary to the defense and appropriations committees on the worldwide obligation and expenditure of funds for such purposes.
(Sec. 2810)Directs the Secretary to establish a program to carry out minor military construction projects to construct child development centers. Increases, for such purpose, the minor construction project thresholds. Applies the same congressional notification requirements for the child development projects as are currently applicable to minor construction projects. Requires a program report from the Secretary to the defense and appropriations committees. Terminates program authority at the end of FY2007.
(Sec. 2811)Requires a report, from each military department Secretary to the defense and appropriations committees, analyzing the anticipated needs of that department for housing units for general and flag officers in the National Capital Region.
Subtitle B: Real Property and Facilities Administration -
(Sec. 2821)Consolidates in one section various federal provisions concerning DOD land acquisition authorities and limitations on the use of such authorities.
(Sec. 2822)Revises provisions concerning agreements between DOD and another entity to limit encroachments and other constraints on military training, testing, and operations. Authorizes more than one entity to enter into such an agreement, and includes areas ecologically related to an installation, or the airspace of such installation, within the realm of such agreements. Prohibits acquisition costs borne by DOD under such agreements from exceeding the fair market value of the property involved. Allows entity contributions to acquisition costs to include:
(1) the provision of funds, including those received under any federal, state, or local program;
(2) the provision of in-kind services; and
(3) the exchange or donation of real property or an interest therein. Requires annual reports from the Secretary to the defense committees on projects undertaken under such agreements.
(Sec. 2823)Prohibits the Secretary concerned from entering into a contract to convey a utility system or part thereof until at least 21 days after submitting to the defense and appropriations committees an economic analysis demonstrating the economic benefit of such conveyance. Limits to ten years (currently, 50) the authorized term for such a conveyance, but allows the Secretary to authorize a contract for a term of more than ten, but less than 50 years, after:
(1) determining that the longer-term contract will be cost-effective; and
(2) notifying the defense and appropriations committees. Directs the:
(1) Secretary to report to such committees on the use of such conveyance authority; and
(2) CG to report to such committees evaluating changes made since May 2005 to the DOD utility systems conveyance program.
(Sec. 2824)Requires the Secretary to report to the defense and appropriations committees on the application of Department of Defense Anti-Terrorism/Force Protection standards to all facilities leased by either DOD or by the GSA as an agent for DOD as of September 30, 2005. Requires specified information with respect to each leased facility.
(Sec. 2825)Requires a report from the Secretary to the defense and appropriations committees on the use of ground source heat pumps at DOD facilities.
Subtitle C: Base Closure and Realignment -
(Sec. 2831)Amends the Defense Base Closure and Realignment Act of 1990 to require additional reporting requirements regarding the base closure process and the use of DOD base closure accounts.
(Sec. 2832)Removes limitations on the authority of the Secretary to aid communities adversely affected by base realignments and closures and other defense program changes.
(Sec. 2833)Amends the Department of Defense Appropriations Act, 1994 to treat Indian tribal governments as state and local governments for purposes of the disposition of real property recommended in the report to the President from the Defense Base Closure and Realignment Commission, dated July 1993.
(Sec. 2834)Terminates the authority for any military construction project, land acquisition, or family housing project authorized in this or any prior Act with respect to any military installation approved for closure in 2005 under the Defense Base Closure and Realignment Act of 1990. Provides exceptions. Requires the Secretary to notify the defense and appropriations committees of a decision to carry out a project as an exception.
(Sec. 2835)Amends the Defense Base Closure and Realignment Act of 1990 to require consultation with appropriate state and local entities in carrying out any activities as part of the 2005 round of base closures and realignments that would add personnel to an existing military installation.
(Sec. 2836)Expresses the sense of Congress that the Secretary should not transfer any unit from a military installation closed or realigned due to the relocation of forces under the Integrated Global Presence and Basing Strategy or the 2005 round of defense base closures or realignments until adequate facilities and infrastructure necessary to support the unit's mission and quality of life requirements for military families are ready for use at the receiving location.
(Sec. 2837)Expresses the sense of Congress that roads leading onto a military installation that is significantly impacted by an increase in the number of personnel assigned to that installation as a result of the 2005 round of base closures and realignments or the Integrated Global Presence and Basing Strategy should be considered for designation as defense access roads for purposes of eligibility for federal funding for road maintenance. Requires the Secretary to:
(1) conduct a study to identify each military installation that will be experiencing a significant increase in personnel, and to determine whether its existing surface transportation infrastructure is adequate to meet such increase; and
(2) report study results to to the defense and appropriations committees.
(Sec. 2838)Expresses the sense of the Congress that, in implementing decisions made with respect to Navy homeports as part of the 2005 round of base closures and realignments, the Secretary of the Navy should release or otherwise relinquish any entitlement to receive compensation from any holder of a reversionary interest in real property used by the United States for improvements made to any military installation that is so closed or realigned.
Subtitle D: Land Conveyances - Part 1: Army Conveyances -
(Sec. 2841)Authorizes the Secretary of the Army to convey to:
(1) the Department of Veterans' Services of the state of Arizona specified real property at Camp Navajo, Arizona, for use as a state-run cemetery for veterans;
(2) the city of Middletown, Iowa, approximately one acre of property at the Iowa Ammunition Plant in Middletown, for economic development purposes;
(3) the Helena Indian Alliance three acres at Sheridan Hall Army Reserve Center, Helena, Montana, for supporting Native American health care, mental health counseling, and an education training center;
(4) Central Texas College approximately 40 acres at Fort Hood, Texas;
(5) the Commonwealth of Virginia three parcels of property at Fort Belvoir, Virginia; and
(6) the Snohomish County Fire Protection District #10 one acre at the Army Reserve Center in Bothell, Washington, for supporting the provision of fire and emergency medical aid services.
(Sec. 2844)Amends the NDAA for Fiscal Year 2002 to authorize the Secretary of the Army to lease portions of the Army Heritage and Education Center in Carlisle, Pennsylvania, to the Military Heritage Foundation for revenue-generating purposes.
(Sec. 2846)Amends the MCAA for Fiscal Year 2002 to change from an administrative building to a fire station the type of facility to be received by the Army as part of an exchange related to construction of the Fairfax County Parkway Extension.
Part 2: Navy Conveyances -
(Sec. 2851)Authorizes the Secretary of the Navy to convey to San Diego County, California, a specified parcel at the Marine Corps Air Station in Miramar, California, for the purpose of removing the property from the boundaries of the installation and permitting the County to preserve the property as a public park/recreational area known as the Stowe Trail.
(Sec. 2852)Authorizes the Secretary of the Navy to lease to the Navy Historical Foundation certain facilities at the Washington Naval Yard in the District of Columbia, for revenue-generating and administrative activities for the United States Navy Museum.
Part 3: Air Force Conveyances -
(Sec. 2861)Provides that, after the expiration of a contract authorizing the Secretary of the Air Force to lease a 300-unit military family housing project at Eielson Air Force Base, Alaska, such Secretary may purchase the developer's entire interest in such project if such Secretary determines that the purchase is in the best economic interests of the Air Force. Requires:
(1) such Secretary to notify the defense and appropriations committees if such determination is made; and
(2) a waiting period of 30 days after such notification before the purchase may be made.
(Sec. 2862)Authorizes the Secretary of the Air Force to convey to:
(1) the city of Jacksonville, Arkansas, a specified parcel of real property around an existing short line railroad in Pulaski County, Arkansas; and
(2) the city of La Junta, Colorado, a specified parcel of real property at the USA Bomb Plot in the La Junta Industrial Park, for training local law enforcement officers.
(Sec. 2864)Authorizes the Secretary of the Air Force to lease to the St. Louis County Port Authority, Missouri, the National Imagery and Mapping Agency site on South Broadway Street in St. Louis, for economic development purposes.
Subtitle E: Other Matters -
(Sec. 2871)Amends the Spence Act to:
(1) to allow (currently, prohibits) the conversion, rehabilitation, improvement, or repair of Fort Buchanan, Puerto Rico;
(2) remove the restriction on the construction of facilities for reserve component or non-appropriated fund projects; and
(3) allow at Fort Buchanan the construction of facilities supporting DOD education activities, as well as any construction or extension required to support the installation of communications equipment.
(Sec. 2872)Amends federal law establishing the Gulf Islands National Seashore to provide that if any of the federal land on Santa Rosa or Okaloosa Island, Florida, under the jurisdiction of DOD is ever excess to the needs of the Armed Forces, then the Secretary shall transfer such land to the Secretary of the Interior for inclusion in the Seashore.
(Sec. 2873)Strikes a requirement under prior law limiting the use of land at Papago Park Military Reservation, Arizona, for a rifle range only.
(Sec. 2874)Directs the Secretary to submit to Congress an interim assessment of the current and future reasonable needs of DOD for water for the Presidio of Monterey (California) and the Ord Military Community.
(Sec. 2875)Redesignates McEntire Air National Guard Station in Eastover, South Carolina, as McEntire Joint National Guard Base.
(Sec. 2876)Expresses the sense of Congress that:
(1) the planned construction of an outlying landing field in North Carolina is vital to U.S. national security interests; and
(2) DOD should work with other federal agencies to provide community impact assistance to communities directly affected by the location of such field.
(Sec. 2877)Expresses the sense of Congress that the Secretary of the Army may establish an appropriate marker to commemorate the 40 members of the U.S. Armed Forces killed in the air crash at Baker's Creek, Australia, on June 14, 1943.
Division C: Department of Energy National Security Authorizations and Other Authorizations - Title XXXI [sic]: Department of Energy National Security Programs - Subtitle A: National Security Programs Authorizations -
(Sec. 3101)Authorizes appropriations to the Department of Energy (DOE) for FY2006 for:
(1) activities of the National Nuclear Security Administration (NNSA) in carrying out programs necessary for national security, with specified allocations for weapons activities, defense nuclear nonproliferation activities, naval reactors, and the Office of the Administrator for Nuclear Security (Administrator); and
(2) environmental restoration and waste management activities in carrying out national security programs, with specified allocations for defense environmental cleanup, other defense activities, and defense nuclear waste disposal.
Subtitle B: Other Matters -
(Sec. 3111)Amends the Atomic Energy Defense Act to direct the Secretary of Energy to carry out the Reliable Replacement Warhead program to develop reliable replacement components that are producible and certifiable for the existing nuclear weapons stockpile. Requires an interim and final report from the Secretaries of Energy and Defense to the defense and appropriations committees on the feasibility and implementation of the program.
(Sec. 3112)Makes amounts authorized under this section available to the Secretary of Energy (Secretary, for purposes of this title only) to purchase essential mineral rights (the right to mine sand and gravel) at the Colorado DOE facility known as the Rocky Flats Environmental Technology Site. Outlines purchase conditions and limitations, including a release from any natural resource damage liability upon payment of a specified sum to environmental trustees for the facility. Revises management responsibilities with respect to the Rocky Flats National Wildlife Refuge. Provides funding for the required trustee payment.
(1) a report from the Secretary to the defense and appropriations committees detailing plans for achieving compliance under the Design Basis Threat issued by DOE in 2005; and
(2) CG review of such plans.
(Sec. 3114)Directs the Secretary to submit to the defense and appropriations committees any reports received from the Army Corps of Engineers evaluating costs, schedules, and technical issues associated with the Waste Treatment and Immobilization Plant Project at the DOE Hanford Site.
(Sec. 3115)Requires a report from the Secretary to Congress evaluating past and current U.S. efforts to encourage or facilitate a proper accounting for, and securing of, the nonstrategic nuclear weapons of the Russian Federation, along with recommendations for improving such accounting.
(Sec. 3116)Directs the Secretary to report to the defense committees on the management by the Secretaries of Energy, Defense, State, and Homeland Security of border security programs in countries of the former Soviet Union and other countries.
(Sec. 3117)Makes the Savannah River National Laboratory a participating laboratory in the DOE laboratory directed research and development program.
Title XXXII: Defense Nuclear Facilities Safety Board -
(Sec. 3201)Authorizes appropriations for FY2006 for the Defense Nuclear Facilities Safety Board.
Title XXXIII: National Defense Stockpile -
(Sec. 3301)Authorizes the National Defense Stockpile (NDS) Manager, during FY2006, to obligate up to $52,132,000 of the funds in the National Defense Stockpile Transaction Fund (Fund) for authorized Fund uses, including the disposition of hazardous materials that are environmentally sensitive. Authorizes the NDS Manager to obligate amounts in excess of such amount 45 days after notifying Congress that extraordinary or emergency conditions necessitate the additional obligations.
(Sec. 3302)Amends the Thurmond Act and the NDAA for Fiscal Year 2000 to revise required receipt objectives, for the end of FY2010 and FY2013, for previously-authorized disposals of excess and obsolete materials in the NDS.
(Sec. 3303)Authorizes the President to dispose of up to 8 million pounds of contained tungsten in the form of tungsten ores and concentrates from the NDS in FY2006. Allows such ores and concentrates to be sold to entities with ore conversion or tungsten carbide manufacturing or processing capabilities in the United States.
(Sec. 3304)Authorizes the Secretary of Defense:
(1) to dispose of up to 75,000 tons of ferromanganese from the NDS during FY2006; and
(2) if that disposal is completed before September 30, 2006, to dispose of an additional 25,000 tons before such date. Allows the additional disposal only if such Secretary certifies to the defense committees that it:
(1) is in the interests of national defense;
(2) will not cause undue disruption to the usual markets of ferromanganese producers and processors in the United States; and
(3) is consistent with the requirements and purposes of the NDS.
Title XXXIV: Naval Petroleum Reserves -
(Sec. 3401)Authorizes appropriations to the Secretary of Energy for FY2006 to carry out activities relating to the naval petroleum reserves.
Title XXXV: Maritime Administration -
(Sec. 3501)Authorizes appropriations to the Secretary of Transportation (Secretary, for purposes of this title) for FY2006 for the Maritime Administration for:
(1) operation and training;
(2) administrative expenses under the loan guarantee program authorized under the Merchant Marine Act, 1936; and
(3) obsolete vessel disposal.
(Sec. 3502)Amends the Merchant Marine Act, 1936 to increase the amount of assistance authorized for state and regional maritime academies. Requires (currently, authorizes) the Maritime Administration to make payments to state maritime academies for increasing costs of fuel used to operate training ships.
(Sec. 3503)Amends the Maritime Security Act of 2003 relating to the domestic maintenance and repair reimbursement pilot program (program) to direct the Secretary to carry out the program for at least one vessel under a Military Security Program contract. Allows for reimbursement of the cost differential between performing qualified maintenance and repair work in the United States versus overseas. Includes as qualified maintenance and repair work that work required during the vessel inspection and survey process.
(Sec. 3504)Amends the NDAA for Fiscal Year 2004 to require (currently, authorizes) the Secretary, to the extent of the availability of appropriations, to contract with a proposed purchaser and shipbuilder for the construction of a product tank vessel under the national defense tank vessel construction program. Eliminates the limitation that allows such program to fund only up to 75 percent of the actual vessel construction costs.
(Sec. 3505)Amends the Spence Act to:
(1) repeal provisions concerning the scrapping of National Defense Reserve Fleet (Fleet) vessels; and
(2) direct the Secretary to prepare, publish, and submit to Congress a comprehensive plan for management of the vessel disposal program of the Maritime Administration in accordance with a specified Government Accountability Office (GAO) report. Outlines plan content requirements. Requires:
(1) the Secretary to promptly award a contract using full and open competition to expeditiously implement all aspects of disposal of obsolete Fleet vessels; and
(2) a semiannual report from the Secretary to specified congressional committees on progress made in implementing the vessel disposal plan. Provides temporary authority to transfer obsolete combatant vessels to the Navy for disposal.
(Sec. 3506)Directs the Administrator of the Maritime Administration to establish a program to provide assistance to state and local governments:
(1) to provide financial assistance to small shipyards for capital improvements; and
(2) for maritime training programs in communities whose economies are substantially related to the maritime industry. Limits federal funding to 75 percent of the total cost of a project. Outlines application and project approval requirements. Authorizes appropriations for FY2006 through FY2010.
(Sec. 3507)Authorizes the Administrator (currently, only the Secretary) to guarantee loans under the maritime guaranteed loan program.
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