HR 1815 IH

109th CONGRESS

1st Session

H. R. 1815

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

IN THE HOUSE OF REPRESENTATIVES

April 26, 2005

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

A BILL

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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

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

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

(2) Division B--Military Construction Authorizations.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Subtitle B--Army Programs

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

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

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

Subtitle C--Navy Programs

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

Sec. 122. Construction of the LHA replacement ship.

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

Subtitle D--Air Force Programs

Sec. 131. Civil Reserve Air Fleet Expansion.

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

Sec. 201. Authorization of appropriations.

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

Sec. 304. Other Department of Defense programs.

Subtitle B--Environmental Provisions

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

Sec. 312. The environmental quality annual report.

Subtitle C--Workplace and Depot Issues

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

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

Sec. 323. Fielding of ballistic missile defense capabilities.

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

Subtitle D--Other Matters

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

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

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

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

Subtitle B--Reserve Component Personnel Matters

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

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

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

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

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

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

Subtitle C--Joint Officer Management and Professional Military Education

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

Subtitle D--Military Service Academies

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

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

Subtitle E--Other Education and Training Matters

Sec. 541. Increase ROTC scholarship limit.

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

Subtitle F--Military Justice Matters

Sec. 551. Administrative sessions of courts-martial.

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

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

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

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

Subtitle G--Management and Administrative Matters

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

Subtitle H--Other Matters

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

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

Sec. 573. Consolidating frocking limits.

Sec. 574. Receipt of statutory selection board correspondence.

Sec. 575. Military personnel demonstration projects.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

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

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

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

Subtitle B--Bonuses and Special and Incentive Pays

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

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

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

Sec. 614. Flexible payment of assignment incentive pay.

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

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

Subtitle C--Retired Pay

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

Subtitle D--Other Matters

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

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

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

TITLE VII--HEALTH CARE PROVISIONS

Subtitle A--Enhanced Benefits for Reserves

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

Subtitle B--Other Benefits Improvements

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

Subtitle C--Planning, Programming, and Management

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

Subtitle D--Medical Readiness Tracking and Health Surveillance

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

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

Subtitle A--Acquisition Policy and Management

Sec. 801. Joint warfighting science and technology plan.

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

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

Sec. 804. Clarification of Buy American requirements.

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

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

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

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

Sec. 811. Defense acquisition workforce improvements.

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

Subtitle C--United States Defense Industrial Base Provisions

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

Subtitle D--Extension of Temporary Program Authorities

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

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

Subtitle E--Other Acquisition Matters

Sec. 841. Procurement of ball and roller bearings.

Sec. 842. Revitalization of Department of Defense laboratories.

TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

Subtitle A--Intelligence-Related Matters

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

Sec. 902. Defense counterintelligence polygraph program.

Subtitle B--Other Matters

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

TITLE X--GENERAL PROVISIONS

Subtitle A--Financial Matters

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

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

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

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

Sec. 1005. Purchase and disposal of weapons overseas.

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

Subtitle B--Counter-Drug Activities

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

Subtitle C--Reports

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

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

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

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

Subtitle E--Personnel Security Matters

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

Subtitle F--Transportation-Related Matters

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

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

Subtitle G--Other Matters

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

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

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

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

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

TITLE XI--DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL

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

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

Sec. 1103. Priority placement of displaced civilian employees.

TITLE XII--MATTERS RELATING TO OTHER NATIONS

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

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

Sec. 1202. Logistical support for foreign military forces.

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

Sec. 1204. Security and stabilization assistance.

Subtitle B--Other Matters

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

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

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

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

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

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

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

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

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

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

DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.

TITLE XXI--ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

TITLE XXII--NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of appropriations, Navy.

TITLE XXIII--AIR FORCE

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

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

TITLE XXIV--DEFENSE AGENCIES

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

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

TITLE XXV--NORTH ATLANTIC TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM

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

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

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

TITLE XXVII--EXPIRATION AND EXTENSION OF AUTHORIZATIONS

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

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

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

TITLE XXVIII--GENERAL PROVISIONS

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

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

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

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

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

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

Subtitle B--Real Property and Facilities Administration

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

Subtitle C--Other Matters

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

TITLE I--PROCUREMENT

Subtitle A--Authorization of Appropriations

SEC. 101. ARMY.

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

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

(2) For missiles, $1,270,850,000.

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

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

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

SEC. 102. NAVY AND MARINE CORPS.

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

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

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

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

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

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

(c) NAVY AND MARINE CORPS AMMUNITION- Funds are hereby authorized to be appropriated for fiscal year 2006 for procurement of ammunition for the Navy and Marine Corps in the amount of $872,849,000.

SEC. 103. AIR FORCE.

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

(1) For aircraft, $11,973,933,000.

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

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

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

SEC. 104. DEFENSE-WIDE ACTIVITIES.

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

Subtitle B--Army Programs

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

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

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

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

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

Subtitle C--Navy Programs

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

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

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

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

SEC. 122. CONSTRUCTION OF THE LHA REPLACEMENT SHIP.

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

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

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

Notwithstanding the provisions of subsection (f)(1) of section 2218 of title 10, United States Code, the Secretary of Defense may obligate and expend any funds in the National Defense Sealift Fund to exercise options under contracts to purchase any or all Maritime Prepositioning Ship vessels currently under charter to the Navy.

Subtitle D--Air Force Programs

SEC. 131. CIVIL RESERVE AIR FLEET EXPANSION.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

(1) For the Army, $9,733,824,000.

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

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

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

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

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

(1) For the Army, $25,316,595,000.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 302. WORKING CAPITAL FUNDS.

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

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

(2) For the National Defense Sealift Fund, $1,648,504,000.

SEC. 303. ARMED FORCES RETIREMENT HOME.

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

SEC. 304. OTHER DEPARTMENT OF DEFENSE PROGRAMS.

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

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

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

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

(b) CHEMICAL AGENTS AND MUNITIONS DESTRUCTION- (1) Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2006 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, $1,405,827,000, of which--

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

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

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

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

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

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

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

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

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

Subtitle B--Environmental Provisions

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

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

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

(2) in paragraph (3)--

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

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

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

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

Provided, however,

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

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

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

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

SEC. 312. THE ENVIRONMENTAL QUALITY ANNUAL REPORT.

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

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

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

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

Subtitle C--Workplace and Depot Issues

SEC. 321. RETENTION OF REIMBURSEMENT FOR PROVISION OF RECIPROCAL FIRE PROTECTION SERVICES.

Section 5 of the Act of May 27, 1955 (chapter 105; 69 Stat. 67; 42 U.S.C. 1856d) is amended--

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

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

`(b) Notwithstanding the provisions of subsection (a), all sums received by any Department of Defense activity for fire protection rendered pursuant to this Act shall be credited to the appropriation, fund, or account from which the expenses were paid. Amounts so credited shall be merged with funds in such appropriation, fund, or account and shall be available for the same purposes and subject to the same limitations as the funds with which merged.'.

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

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

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

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

SEC. 323. FIELDING OF BALLISTIC MISSILE DEFENSE CAPABILITIES.

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

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

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

Section (b) of the Act of May 27, 1955 (chapter 105; 69 Stat. 66; 42 U.S.C. 1856(b)), is amended by inserting after `and fire fighting' the following: `as well as emergency services including, but not limited to, basic and advanced life support, hazardous material containment and confinement, and special rescue events involving vehicular and water mishaps, and trench, building and confined space extractions'.

Subtitle D--Other Matters

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

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

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

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

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

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

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

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

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

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

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty personnel as of September 30, 2006, as follows:

(1) The Army, 482,400.

(2) The Navy, 352,700.

(3) The Marine Corps, 175,000.

(4) The Air Force, 357,400.

Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

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

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

(3) The Naval Reserve, 73,100.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) LIMITATIONS- (1) Within the limitation provided in section 10217(c)(2) of title 10, United States Code, the number of non-dual status technicians employed by the National Guard as of September 30, 2006, may not exceed the following:

(A) For the Army National Guard of the United States, 1,600. --

(B) For the Air National Guard of the United States, 350.

(2) The number of non-dual status technicians employed by the Army Reserve as of September 30, 2006, may not exceed 695.

(3) The number of non-dual status technicians employed by the Air Force Reserve as of September 30, 2006, may not exceed 90.

(b) NON-DUAL STATUS TECHNICIANS DEFINED- In this section, the term `non-dual status technician' has the meaning given that term in section 10217(a) of title 10, United States Code. ----

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Subtitle B--Reserve Component Personnel Matters

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

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

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

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

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

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

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

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

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

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

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

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

(a) IN GENERAL- Section 308c of title 37, United States Code, is amended to read as follows:

`Sec. 308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve

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

`(1) an affiliation bonus to an enlisted member of an armed force who has completed fewer than 20 total years of military service and executes a written agreement to serve in the Selected Reserve of a reserve component for a period of not less than three years in a skill, unit or pay grade designated under subsection (b) after being discharged or released from active duty under honorable conditions; and

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

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

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

`(d) PAYMENT METHOD- Upon acceptance of a written agreement by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed. The agreement shall specify whether the bonus shall be paid by the Secretary in a lump sum or in installments. -

`(e) REPAYMENT FOR FAILURE TO COMMENCE OR COMPLETE OBLIGATED SERVICE- (1) An individual who, after receiving all or part of the bonus under an agreement referred to in subsection (a), does not commence to serve in the Selected Reserve or does not satisfactorily participate in the Selected Reserve for the total period of service specified in the agreement shall repay to the United States such compensation or benefit, except under conditions established by the Secretary concerned.

`(2) The Secretary concerned shall set forth whether repayment is required in whole or in part, the method for computing the amount of the repayment, and the conditions under which an exception to the required repayment would apply.

`(3) An obligation to repay the United States imposed under paragraph (1) is for all purposes a debt owed to the United States. A discharge in bankruptcy under title 11 that is entered less than five years after the termination of an agreement entered into under subsection (a) does not discharge the individual signing the agreement from a debt arising under such agreement or under paragraph (1).

`(f) CONTINUED ENTITLEMENT TO BONUS PAYMENTS- A member entitled to a bonus under this section who is called or ordered to active duty shall be paid, during that period of active duty, any amount of the bonus that becomes payable to the member during that period of active duty.

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

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

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

(A) by striking the item relating to section 308c and inserting the following new item:

`308c. Special pay: bonus for affiliation or enlistment in the Selected Reserve.';

and

(B) by striking the item relating to section 308e.

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

(a) BONUS AUTHORITY- Chapter 5 of title 37, United States Code, is amended by inserting after section 308j the following new section:

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

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

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

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

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

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

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

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

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

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

`(d) CERTAIN MEMBERS INELIGIBLE- A retention bonus may not be provided under subsection (a) to a member of the armed forces who--

`(1) has completed more than 25 years of qualifying service under section 12732 of title 10; or

`(2) will complete the member's twenty-fifth year of qualifying service under section 12732 of title 10 before the end of the period of service for which the bonus is being offered.

`(e) PAYMENT METHODS- (1) A bonus under this section may be paid in a single lump sum or in periodic installments.

(2) In the case of a member who agrees to train or retrain in a specialty skill designated as critical under subsection (b)(2), no payment may be made until the member successfully completes the training or retraining and is qualified in the skill.

`(f) MAXIMUM BONUS AMOUNT- A member may enter into an agreement under this section, or reenlist or voluntarily extend the member's enlistment, more than once to receive a bonus under this section. However, a member may not receive a total of more than $100,000 in payments under this section.

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

`(h) REPAYMENT FOR FAILURE TO COMMENCE OR COMPLETE OBLIGATED SERVICE- (1) An individual who, after receiving all or part of the bonus under an agreement referred to in subsection (a), does not commence to serve in the Selected Reserve or does not satisfactorily participate in the Selected Reserve for the total period of service specified in the agreement shall repay to the United States such compensation or benefit, except under conditions established by the Secretary concerned.

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

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

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

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

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

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

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

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

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

(1) by striking paragraph (a); and

(2) in paragraph (b)--

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

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

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

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

`Sec. 14512. Separation at age 64'.

(2) The table of sections at the beginning of chapter 1407 of such title is amended by striking the item relating to section 14512 and inserting the following new item:

`14512. Separation at age 64.'.

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

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

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

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

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

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

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

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

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

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

Subtitle C--Joint Officer Management and Professional Military Education

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

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

Sec. 7041. Function

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

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

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

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

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

`(C) The Secretary may permit an eligible member of the armed forces to receive

instruction from the Postgraduate School in certificate programs and courses required for the performance of their duties.'; and

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

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

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

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

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

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

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

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

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

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

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

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

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

Subtitle D--Military Service Academies

SEC. 531. PAY INCREASE FOR PERMANENT MILITARY PROFESSORS AT THE UNITED STATES NAVAL ACADEMY WITH OVER 36 YEARS OF SERVICE.

Section 203(b) of title 37, United States Code, is amended by striking `at the United States Military Academy or the United States Air Force Academy' and inserting `at the United States Military Academy, the United States Air Force Academy or the United States Naval Academy,'.

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

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

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

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

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

`(a) RETIREMENT FOR YEARS OF SERVICE- (1) Except as provided in subsection (b), an officer serving as a permanent professor at the Naval Academy in the grade of commander, who is not on a list of officers recommended for promotion to the grade of captain, shall, if not earlier retired, be retired on the first day of the month after the month in which he completes 28 years of active commissioned service.

`(2) Except as provided in subsection (b), an officer serving as a permanent professor at the Naval Academy in the grade of captain, who is not on a list of officers recommended for promotion to the grade of rear admiral (lower half), shall, if not earlier retired, be retired on the first day of the month after the month in which he completes 30 years of active commissioned service.

`(b) CONTINUATION ON ACTIVE DUTY- (1) An officer subject to retirement under subsection (a) may be continued on active duty by the Secretary of the Navy--

`(A) upon the recommendation of the Superintendent of the Naval Academy; and

`(B) with the concurrence of the Chief of Naval Operations.

`(2) The Secretary of the Navy shall determine the period of continuation on active duty under this section.

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

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

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

Subtitle E--Other Education and Training Matters

SEC. 541. INCREASE ROTC SCHOLARSHIP LIMIT.

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

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

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

Subtitle F--Military Justice Matters

SEC. 551. ADMINISTRATIVE SESSIONS OF COURTS-MARTIAL.

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

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

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

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

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

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

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

(i) by striking `sexual or physical';

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

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

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

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

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

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

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

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

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

`Sec. 893a. Art. 93a. Stalking

`(a) Any person subject to this chapter-- -

`(1) who wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family; -

`(2) who has knowledge or should have knowledge that the specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family; and

`(3) whose acts induce reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself or to a member of his or her immediate family, is guilty of stalking. -

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Subtitle G--Management and Administrative Matters

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

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

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

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

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

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

Subtitle H--Other Matters

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

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

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

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

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

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

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

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

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

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

SEC. 573. CONSOLIDATING FROCKING LIMITS.

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

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

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

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

SEC. 574. RECEIPT OF STATUTORY SELECTION BOARD CORRESPONDENCE.

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

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

SEC. 575. MILITARY PERSONNEL DEMONSTRATION PROJECTS. -

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

`Sec. 129d. Military personnel demonstration projects -

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

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

`(2) determining requirements and compensating personnel;

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

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

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

`(6) reducing requirements. -

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

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

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

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

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

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

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

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

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

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

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

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

`129d. Military personnel demonstration projects.'.

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

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

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

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

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

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

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

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

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

`(1) The spouse of the member.

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

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

`(i) by the necessity of military service;

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

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

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

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

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

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

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

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

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

`(4) An unmarried person who-- -

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

`(B) either--

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

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

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

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

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

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

`(5) For purposes of this section:

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

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