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

May 17, 2005

Mr. WARNER, from the Committee on Armed Forces, reported the following original bill; which was read twice and placed on the calendar

To authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, to prescribe personnel strengths for such fiscal year for the Armed Forces, 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 `Department of Defense Authorization Act for Fiscal Year 2006'.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Congressional defense committees defined.

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 AH-64D Apache attack helicopter block II conversions.

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

Sec. 113. Multiyear procurement authority for utility helicopters.

Subtitle C--Navy Programs

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

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

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

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

Subtitle D--Air Force Programs

Sec. 131. Multiyear procurement authority for C-17 aircraft.

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

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

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

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

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

Sec. 137. Aircraft for performance of aeromedical evacuations.

Subtitle E--Defense-Wide Programs

Sec. 151. Advanced SEAL Delivery System.

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

Subtitle A--Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for science and technology.

Subtitle B--Program Requirements, Restrictions, and Limitations

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

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

Subtitle C--Missile Defense Programs

Sec. 221. One-year extension of Comptroller General assessments of ballistic missile defense programs.

Sec. 222. Fielding of ballistic missile defense capabilities.

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

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

Sec. 231. Research and development.

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

Sec. 233. Manufacturing technology strategies.

Sec. 234. Report.

Sec. 235. Definitions.

Subtitle E--Other Matters

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

Sec. 242. Technology transition.

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

TITLE III--OPERATION AND MAINTENANCE

Subtitle A--Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Other Department of Defense programs.

Subtitle B--Environmental Provisions

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

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

Subtitle C--Other Matters

Sec. 321. Aircraft carriers.

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

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

Sec. 324. Purchase and destruction of weapons overseas.

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

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

Sec. 327. Army training strategy.

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

Sec. 329. Study on use of ethanol fuel.

TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A--Active Forces

Sec. 401. End strengths for active forces.

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

Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.

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

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

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

Subtitle C--Authorizations of Appropriations

Sec. 421. Authorization of appropriations for military personnel.

Sec. 422. Armed Forces Retirement Home.

TITLE V--MILITARY PERSONNEL POLICY

Subtitle A--Officer Personnel Policy

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

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

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

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

Sec. 505. Grades of the Judge Advocates General.

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

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

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

Subtitle B--Enlisted Personnel Policy

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

Subtitle C--Reserve Component Personnel Matters

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

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

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

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

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

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

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

Subtitle D--Military Justice and Related Matters

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

Sec. 552. Establishment of offense of stalking.

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

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

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

Subtitle E--Military Service Academies

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

Subtitle F--Administrative Matters

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

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

Subtitle G--Defense Dependents Education Matters

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

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

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

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

Subtitle H--Other Matters

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

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

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

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

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

TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A--Pay and Allowances

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

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

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

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

Subtitle B--Bonuses and Special and Incentive Pays

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

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

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

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

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

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

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

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

Sec. 619. Retention incentive bonus for members of the Selected Reserve qualified in a critical military skill or specialty.

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

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

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

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

Subtitle C--Travel and Transportation Allowances

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

Subtitle D--Retired Pay and Survivor Benefits

Sec. 641. Enhancement of death gratuity and life insurance benefits for deaths from combat-related causes or causes incurred in combat operations or areas.

Subtitle E--Other Matters

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

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

TITLE VII--HEALTH CARE

Subtitle A--Benefits Matters

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

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

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

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

Subtitle B--Planning, Programming, and Management

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

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

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

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

Sec. 715. Surveys on TRICARE Standard.

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

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

Subtitle C--Other Matters

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

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

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

Subtitle A--Acquisition Policy and Management

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

Sec. 802. Contract Support Acquisition Centers.

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

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

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

Sec. 806. Review of defense acquisition structures.

Subtitle B--Defense Industrial Base Matters

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

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

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

Sec. 814. Identification of areas of research and development effort for purposes of Small Business Innovation Research program.

Subtitle C--Defense Contractor Matters

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

Sec. 822. Review of certain contractor ethics matters.

Sec. 823. Contract fraud risk assessment.

Subtitle D--Defense Acquisition Workforce Matters

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

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

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

Subtitle E--Other Matters

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