II 

Calendar No. 427 

109TH CONGRESS 

2D SESSION S. 2767 

To authorize appropriations for fiscal year 2007 for military activities of 

the Department of Defense, to prescribe personnel strengths for such 

fiscal year for the Armed Forces, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2006 

Mr. WARNER, from the Committee on Armed Services, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

To authorize appropriations for fiscal year 2007 for military 

activities of the Department of Defense, to prescribe 

personnel strengths for such fiscal year for the Armed 

Forces, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Defense 

5 Authorization Act for Fiscal Year 2007’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 


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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. Limitation on availability of funds for the Joint Network Node. 

Sec. 112. Comptroller General report on the contract for the Future Combat 

Systems program. 

Sec. 113. Reports on Army Modularity Initiative. 

Subtitle C—Navy Programs 

Sec. 121. CVN–21 class aircraft carrier procurement. 

Sec. 122. Construction of first two vessels under the next-generation destroyer 

program. 

Sec. 123. Modification of limitation on total cost of procurement of CVN–77 

aircraft carrier. 

Subtitle D—Air Force Programs 

Sec. 141. Procurement of Joint Primary Aircraft Training System aircraft 

after fiscal year 2006. 

Sec. 142. Prohibition on retirement of C–130E/H tactical airlift aircraft. 

Sec. 143. Limitation on retirement of KC–135E aircraft. 

Sec. 144. Limitation on retirement of B–52H bomber aircraft. 

Sec. 145. Retirement of B–52H bomber aircraft. 

Sec. 146. Prohibition on incremental funding and multiyear procurement of F– 

22A aircraft. 

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. Independent estimate of costs of the Future Combat Systems. 

Sec. 212. Funding of defense science and technology programs. 

Sec. 213. Hypersonics development. 

Sec. 214. Trident sea-launched ballistic missiles. 

Subtitle C—Missile Defense Programs 

Sec. 231. Availability of research, development, test, and evaluation funds for 

fielding ballistic missile defense capabilities. 

Sec. 232. Policy of the United States on priorities in the development, testing, 

and fielding of missile defense capabilities. 


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Sec. 233. One-year extension of Comptroller General assessments of ballistic 

missile defense programs. 

Sec. 234. Submittal of plans for test and evaluation of the operational capability of the ballistic missile defense system. 

Sec. 235. Annual reports on transition of ballistic missile defense programs to 

the military departments. 

Subtitle D—Other Matters 

Sec. 251. Extension of requirement for Global Research Watch Program. 

Sec. 252. Expansion and extension of authority to award prizes for advanced 

technology achievements. 

Sec. 253. Policies and practices on test and evaluation to address emerging acquisition approaches. 

Sec. 254. Development of the propulsion system for the Joint Strike Fighter. 

Sec. 255. Independent cost analyses for Joint Strike Fighter engine program. 

Sec. 256. Sense of Senate on technology sharing of Joint Strike Fighter technology. 

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—Program Requirements, Restrictions, and Limitations 

Sec. 311. Limitation on availability of funds for the Army Logistics Modernization Program. 

Sec. 312. Availability of funds for exhibits for the national museums of the 

Armed Forces. 

Sec. 313. Limitation on financial management improvement and audit initiatives within the Department of Defense. 

Sec. 314. Limitation on availability of operation and maintenance funds for the 

management headquarters of the Defense Information Systems 

Agency. 

Subtitle C—Environmental Provisions 

Sec. 331. Response plan for remediation of military munitions. 

Sec. 332. Extension of authority to grant exemptions to certain requirements. 

Sec. 333. Research on effects of ocean disposal of munitions. 

Sec. 334. Clarification of multi-year authority to use base closure funds to fund 

cooperative agreements under Environmental Restoration Program. 

Sec. 335. Reimbursement of Environmental Protection Agency for certain costs 

in connection with Moses Lake Wellfield Superfund Site, Moses 

Lake, Washington. 

Subtitle D—Reports 

Sec. 351. Comptroller General report on readiness of the ground forces of the 

Army and the Marine Corps. 

Subtitle E—Workplace and Depot Issues 


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Sec. 361. Minimum capital investment levels for public depots serviced by working capital funds. 

Sec. 362. Permanent exclusion of certain contract expenditures from percentage 

limitation on the performance of depot-level maintenance. 

Sec. 363. Additional exception to prohibition on contractor performance of firefighting functions. 

Sec. 364. Temporary security guard services for certain work caused by realignment of military installations under the base closure laws. 

Subtitle F—Other Matters 

Sec. 371. Recycling of military munitions. 

Sec. 372. Incentives clauses in chemical demilitarization contracts. 

Sec. 373. Extension of Department of Defense telecommunications benefit program. 

Sec. 374. Extension of availability of funds for commemoration of success of 

the Armed Forces in Operation Enduring Freedom and Operation Iraqi Freedom. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces. 

Sec. 402. Repeal of requirement for permanent end strength levels to support 

two major regional contingencies. 

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 2007 limitation on number of non-dual status technicians. 

Sec. 415. Maximum number of reserve personnel authorized to be on active 

duty for operational support. 

Subtitle C—Authorization of Appropriations 

Sec. 421. Military personnel. 

Sec. 422. Armed Forces Retirement Home. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

PART I—OFFICER PERSONNEL POLICY GENERALLY

Sec. 501. Military status of officers serving in certain intelligence community 

positions. 

Sec. 502. Extension of temporary reduction of time-in-grade requirement for 

eligibility for promotion for certain active-duty list officers in 

grades of first lieutenant and lieutenant (junior grade). 

Sec. 503. Extension of age limits for active-duty general and flag officers. 

Sec. 504. Modification of authorities on senior members of the Judge Advocate 

General’s Corps. 

Sec. 505. Requirement for significant joint experience for officers appointed as 

Surgeon General of the Army, Navy, and Air Force. 


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Sec. 506. Grade and exclusion from active-duty general and flag officer distribution and strength limitations of officer serving as Attending Physician to the Congress. 

Sec. 507. Discretionary separation and retirement of chief warrant officers, W– 

4, twice failing selection for promotion. 

Sec. 508. Increased mandatory retirement ages for reserve officers. 

PART II—OFFICER PROMOTION POLICY

Sec. 515. Promotions. 

Sec. 516. Consideration of adverse information by promotion selection boards in 

recommendations on officers to be promoted. 

Sec. 517. Expanded authority for removal from reports of selection boards of 

officers recommended for promotion to grades below general 

and flag grades. 

Sec. 518. Clarification of nondisclosure requirements applicable to promotion 

selection board proceedings. 

Sec. 519. Special selection board authorities. 

Sec. 520. Removal from promotion lists of officers returned to the President by 

the Senate. 

PART III—JOINT OFFICER MANAGEMENT REQUIREMENTS

Sec. 526. Modification and enhancement of general authorities on management 

of joint qualified officers. 

Sec. 527. Modification of promotion policy objectives for joint officers. 

Sec. 528. Applicability of joint duty assignment requirements limited to graduates of National Defense University schools. 

Sec. 529. Modification of definitions relating to jointness. 

Subtitle B—Reserve Component Personnel Matters 

Sec. 531. Enhanced flexibility in the management of reserve component personnel. 

Sec. 532. Expansion of activities authorized for Reserves under Weapons of 

Mass Destruction Civil Support Teams. 

Sec. 533. Modification of authorities relating to the Commission on the National Guard and Reserves. 

Sec. 534. Pilot program on reintegration of members of the National Guard 

into civilian life after deployment. 

Subtitle C—Military Justice and Related Matters 

Sec. 551. Applicability of Uniform Code of Military Justice to members of the 

Armed Forces ordered to active duty overseas in inactive duty 

for training status. 

Subtitle D—Education and Training Matters 

Sec. 561. Detail of commissioned officers as students at medical schools. 

Sec. 562. Expansion of eligibility to provide Junior Reserve Officers’ Training 

Corps instruction. 

Sec. 563. Increase in maximum amount of repayment under education loan repayment for officers in specified health professions. 

Sec. 564. Increase in benefits under Health Professions Scholarship and Financial Assistance program. 


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Sec. 565. Report on Health Professions Scholarship and Financial Assistance 

program. 

Sec. 566. Expansion of instruction available at the Naval Postgraduate School 

for enlisted members of the Armed Forces. 

Sec. 567. Modification of actions to address sexual harassment and sexual violence at the service academies. 

Sec. 568. Department of Defense policy on service academy and ROTC graduates seeking to participate in professional sports before completion of their active-duty service obligations. 

Subtitle E—Defense Dependents Education Matters 

Sec. 571. Funding for assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of 

Defense civilian employees. 

Sec. 572. Impact aid for children with severe disabilities. 

Sec. 573. Plan to assist local educational agencies experiencing growth in enrollment due to force structure changes, relocation of military 

units, or BRAC. 

Sec. 574. Pilot program on parent education to promote early childhood education for dependent children affected by military deployment 

or relocation of military units. 

Subtitle F—Other Matters 

Sec. 581. Administration of oaths. 

Sec. 582. Military ID cards for retiree dependents who are permanently disabled. 

Sec. 583. Military voting matters. 

Sec. 584. Presentation of Medal of Honor Flag to primary next of kin of Medal 

of Honor recipients. 

Sec. 585. Modification of effective period of authority to present recognition 

items for recruitment and retention purposes. 

Sec. 586. Military Severely Injured Center. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Fiscal year 2007 increase in military basic pay and reform of basic 

pay rates. 

Sec. 602. Increase in maximum rate of basic pay for general and flag officer 

grades. 

Sec. 603. Clarification of effective date of prohibition on compensation for correspondence courses. 

Sec. 604. One-year extension of prohibition against requiring certain injured 

members to pay for meals provided by military treatment facilities. 

Sec. 605. Additional housing allowance for Reserves on active duty in support 

of a contingency operation. 

Sec. 606. Extension of temporary continuation of housing allowance for dependents of members dying on active duty to spouses who are members of the uniformed services. 

Subtitle B—Bonuses and Special and Incentive Pays 


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Sec. 611. Extension of certain bonus and special pay authorities for reserve 

forces. 

Sec. 612. Extension of certain bonus and special pay authorities for certain 

health care professionals. 

Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 

Sec. 614. Extension of authorities relating to payment of other bonuses and 

special pays. 

Sec. 615. Increase in special pay for Selected Reserve health care professionals 

in critically short wartime specialties. 

Sec. 616. Expansion and enhancement of accession bonus authorities for certain officers in health care specialities. 

Sec. 617. Increase in nuclear career accession bonus for nuclear-qualified officers. 

Sec. 618. Modification of certain authorities applicable to the targeted shaping 

of the Armed Forces. 

Sec. 619. Extension of pilot program on contributions to Thrift Savings Plan 

for initial enlistees in the Army. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Expansion of payment of replacement value of personal property 

damaged during transport at Government expense. 

Subtitle D—Retired Pay and Survivor Benefits 

Sec. 641. Modification of Department of Defense contributions to Military Retirement Fund and Government contributions to Medicare-Eligible Retiree Health Care Fund. 

Sec. 642. Repeal of requirement of reduction of SBP survivor annuities by dependency and indemnity compensation. 

Sec. 643. Effective date of paid-up coverage under Survivor Benefit Plan. 

Sec. 644. Expansion of conditions for direct payment of divisible retired pay. 

Sec. 645. Authority for cost of living adjustments of retired pay treated as divisible property. 

Sec. 646. Notice and copy to members of court orders on payment of retired 

pay. 

Sec. 647. Retention of assistive technology and devices by certain members of 

the Armed Forces after separation from service. 

Subtitle E—Other Matters 

Sec. 661. Audit of pay accounts of members of the Army evacuated from a 

combat zone for inpatient care. 

TITLE VII—HEALTH CARE 

Subtitle A—Benefits Matters 

Sec. 701. Improved procedures for cancer screening for women. 

Sec. 702. National mail-order pharmacy program. 

Sec. 703. Availability under TRICARE of anesthesia for children in connection 

with dental procedures for which dental anesthesia is inappropriate. 

Sec. 704. TRICARE coverage for forensic examinations following sexual assaults and domestic violence.

Sec. 705. Prohibition on increase in fiscal year 2007 in enrollment fees for coverage under TRICARE Prime. 


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Sec. 706. Limitation on fiscal year 2007 increase in premiums for coverage 

under TRICARE of members of reserve components who commit to continued service in Selected Reserve after release from 

active duty. 

Subtitle B—Planning, Programming, and Management 

Sec. 721. Treatment of TRICARE Retail Pharmacy Network under Federal 

procurement of pharmaceuticals. 

Sec. 722. Relationship between the TRICARE program and employer-sponsored group health care plans. 

Sec. 723. Enrollment in the TRICARE program. 

Sec. 724. Incentive payments for the provision of services under the TRICARE 

program in medically underserved areas. 

Sec. 725. Standardization of claims processing under TRICARE program and 

Medicare program. 

Sec. 726. Requirements for support of military treatment facilities by civilian 

contractors under TRICARE. 

Sec. 727. Uniform standards for access to health care services for wounded or 

injured servicemembers. 

Sec. 728. Disease and chronic care management. 

Sec. 729. Post-deployment health assessments for members of the Armed 

Forces returning from deployment in support of a contingency 

operation. 

Subtitle C—Studies and Reports 

Sec. 741. Pilot projects on early diagnosis and treatment of Post Traumatic 

Stress Disorder and other mental health conditions. 

Sec. 742. Annual reports on certain medical malpractice cases. 

Sec. 743. Comptroller General study on Department of Defense pharmacy benefits program. 

Sec. 744. Comptroller General audits of Department of Defense health care 

costs and cost-saving measures. 

Sec. 745. Review of Department of Defense medical quality improvement program. 

Subtitle D—Other Matters 

Sec. 761. Extension of limitation on conversion of military medical and dental 

positions to civilian medical and dental positions. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, 

AND RELATED MATTERS 

Subtitle A—Acquisition Policy and Management 

Sec. 801. Additional certification requirements for major defense acquisition 

programs. 

Sec. 802. Extension and enhancement of Defense Acquisition Challenge Program. 

Sec. 803. Baseline description and unit cost reports for major defense acquisition programs. 

Sec. 804. Major automated information system programs. 

Sec. 805. Adjustment of original baseline estimate for major defense acquisition 

programs experiencing cost growth resulting from damage 

caused by Hurricanes Katrina, Rita, and Wilma. 


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Sec. 806. Internal controls for procurements on behalf of the Department of 

Defense by certain non-defense agencies. 

Sec. 807. Regulations on use of fixed price contracts in development programs. 

Sec. 808. Availability of funds for performance-based logistics contracts for 

weapon systems logistics support. 

Sec. 809. Quality control in procurement of ship critical safety items and related services. 

Sec. 810. Three-year extension of requirement for reports on commercial price 

trend analyses of the Department of Defense. 

Sec. 811. Pilot program on time-certain development in acquisition of major 

weapon systems. 

Subtitle B—Defense Industrial Base Matters 

Sec. 821. Removal of hand and measuring tools from certain requirements. 

Sec. 822. Substitution of specialty metals with titanium and nickel under certain requirements. 

Sec. 823. Waiver authority for domestic source or content requirements. 

Sec. 824. Repeal of requirement for identification of essential military items 

and military system essential item breakout list. 

Sec. 825. Consistency with United States obligations under trade agreements. 

Subtitle C—Defense Contractor Matters 

Sec. 841. Requirements for defense contractors relating to certain former Department of Defense officials. 

Sec. 842. Lead systems integrators. 

Sec. 843. Linking of award and incentive fees to acquisition outcomes. 

Sec. 844. Prohibition on excessive pass-through charges. 

Sec. 845. Report on Department of Defense contracting with contractors or 

subcontractors employing members of the Selective Reserve. 

Subtitle D—Program Manager Matters 

Sec. 861. Program manager empowerment and accountability. 

Sec. 862. Tenure and accountability of program managers for program development periods. 

Sec. 863. Tenure and accountability of program managers for program execution periods. 

Sec. 864. Interagency plan for contingency program management. 

Sec. 865. Comptroller General report. 

Subtitle E—Other Matters 

Sec. 871. Clarification of authority to carry out certain prototype projects. 

Sec. 872. One-year extension of special temporary contract closeout authority. 

Sec. 873. One-year extension of inapplicability of certain laws to contracting 

with employers of persons with disabilities. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND 

MANAGEMENT 

Subtitle A—Duties and Functions of Department of Defense Officers and 

Organizations 

Sec. 901. United States Military Cancer Institute. 


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Sec. 902. Senior acquisition executive for special operations within staff of the 

Assistant Secretary of Defense for Special Operations and Low 

Intensity Conflict. 

Subtitle B—Space Activities 

Sec. 911. Establishment of operationally responsive space capabilities. 

Sec. 912. Extension of authority for pilot program on provision of space surveillance network services to non-United States Government entities.

Subtitle C—Other Matters 

Sec. 921. Department of Defense policy on unmanned systems. 

Sec. 922. Executive Schedule level IV for Deputy Under Secretary of Defense 

for Logistics and Materiel Readiness. 

Sec. 923. Three-year extension of joint incentives program on sharing of health 

care resources by the Department of Defense and Department 

of Veterans Affairs. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Transfer authority. 

Sec. 1002. Authorization of supplemental appropriations for fiscal year 2006. 

Sec. 1003. Reduction in certain authorizations due to savings relating to lower 

inflation. 

Sec. 1004. Increase in fiscal year 2006 general transfer authority. 

Sec. 1005. United States contribution to NATO common-funded budgets in fiscal year 2007. 

Sec. 1006. Modification of date of submittal of OMB/CBO report on scoring of 

outlays. 

Sec. 1007. Prohibition on parking of funds. 

Subtitle B—Naval Vessels 

Sec. 1011. Repeal of requirement for 12 operational aircraft carriers within the 

Navy. 

Sec. 1012. Approval of transfer of naval vessels to foreign nations by vessel 

class. 

Subtitle C—Counterdrug Matters 

Sec. 1021. Extension of availability of funds for unified counterdrug and 

counterterrorism campaign in Colombia. 

Sec. 1022. Extension of authority of Department of Defense to provide additional support for counterdrug activities of other governmental 

agencies. 

Sec. 1023. Extension and expansion of certain authorities to provide additional 

support for counterdrug activities. 

Subtitle D—Defense Intelligence and Related Matters 

Sec. 1031. Two-year extension of authority to engage in commercial activities 

as security for intelligence collection activities. 

Sec. 1032. Annual report on intelligence oversight activities of the Department 

of Defense. 


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Sec. 1033. Administration of pilot project on Civilian Linguist Reserve Corps. 

Sec. 1034. Improvement of authorities on the National Security Education Program. 

Subtitle E—Defense Against Terrorism and Related Security Matters 

Sec. 1041. Enhancement of authority to pay monetary rewards for assistance 

in combating terrorism. 

Sec. 1042. Use of the Armed Forces in major public emergencies. 

Sec. 1043. Treatment under Freedom of Information Act of certain confidential 

information shared with State and local personnel. 

Subtitle F—Miscellaneous Authorities on Availability and Use of Funds 

Sec. 1051. Acceptance and retention of reimbursement from non-Federal 

sources to defray Department of Defense costs of conferences. 

Sec. 1052. Minimum annual purchase amounts for airlift from carriers participating in the Civil Reserve Air Fleet. 

Sec. 1053. Increased flexibility in use of funds for Joint Staff exercises. 

Subtitle G—Report Matters 

Sec. 1061. Report on clarification of prohibition on cruel, inhuman, or degrading treatment or punishment. 

Sec. 1062. Reports on members of the Armed Forces and civilian employees of 

the Department of Defense serving in the Legislative Branch. 

Sec. 1063. Additional element in annual report on chemical and biological warfare defense. 

Sec. 1064. Report on Local Boards of Trustees of the Armed Forces Retirement Home. 

Sec. 1065. Repeal of certain report requirements. 

Subtitle H—Technical and Conforming Amendments 

Sec. 1071. Uniform definition of national security system for certain Department of Defense purposes. 

Sec. 1072. Conforming amendment relating to redesignation of Defense Communications Agency as Defense Information Systems Agency.

Sec. 1073. Technical amendment. 

Subtitle I—Other Matters 

Sec. 1081. National Foreign Language Coordination Council. 

Sec. 1082. Support of successor organizations of the disestablished Interagency 

Global Positioning System Executive Board.

Sec. 1083. Sense of Congress on the Quadrennial Defense Review. 

TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL 

POLICY 

Sec. 1101. Accrual of annual leave for members of the uniformed services on 

terminal leave performing dual employment.

Sec. 1102. Strategy for improving the senior management, functional, and technical workforce of the Department of Defense. 

Sec. 1103. Authority to equalize allowances, benefits, and gratuities of personnel on official duty in Iraq and Afghanistan. 

TITLE XII—MATTERS RELATING TO OTHER NATIONS 


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Subtitle A—General Matters 

Sec. 1201. Expansion of humanitarian and civic assistance to include communications and information capacity. 

Sec. 1202. Modification of authorities relating to the Regional Defense 

Counterterrorism Fellowship Program. 

Sec. 1203. Logistic support of allied forces for combined operations. 

Sec. 1204. Exclusion of petroleum, oil, and lubricants from limitations on 

amount of liabilities the United States may accrue under acquisition and cross-servicing agreements. 

Sec. 1205. Temporary authority to use acquisition and cross-servicing agreements to loan significant military equipment to foreign forces 

in Iraq and Afghanistan for personnel protection and survivability. 

Sec. 1206. Modification of authorities relating to the building of the capacity 

of foreign military forces. 

Sec. 1207. Participation of the Department of Defense in multinational military 

centers of excellence. 

Sec. 1208. Distribution of education and training materials and information 

technology to enhance interoperability. 

Subtitle B—Report Matters 

Sec. 1221. Report on increased role and participation of multinational partners 

in the United Nations Command in the Republic of Korea. 

Sec. 1222. Report on interagency operating procedures for stabilization and reconstruction operations. 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES 

OF THE FORMER SOVIET UNION 

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

Sec. 1302. Funding allocations. 

Sec. 1303. Extension of temporary authority to waive limitation on funding for 

chemical weapons destruction facility in Russia. 

TITLE XIV—AUTHORIZATION FOR INCREASED COSTS DUE TO OPERATION IRAQI FREEDOM AND OPERATION ENDURING FREEDOM 

Sec. 1401. Purpose. 

Sec. 1402. Army procurement. 

Sec. 1403. Marine Corps procurement. 

Sec. 1404. Air Force procurement. 

Sec. 1405. Operation and maintenance. 

Sec. 1406. Defense Health Program. 

Sec. 1407. Military personnel. 

Sec. 1408. Joint Improvised Explosive Device Defeat Fund. 

Sec. 1409. Classified programs. 

Sec. 1410. Iraq Freedom Fund. 

Sec. 1411. Treatment as additional authorizations. 

Sec. 1412. Transfer authority. 

Sec. 1413. Availability of funds. 


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1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ has the meaning given that term in sec4 tion 101(a)(16) of title 10, United States Code. 

5 TITLE I—PROCUREMENT 

6 Subtitle A—Authorization of 

7 Appropriations 

8 SEC. 101. ARMY. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2007 for procurement for the Army as follows: 

11 (1) For aircraft, $3,457,329,000. 

12 (2) For missiles, $1,428,859,000. 

13 (3) For weapons and tracked combat vehicles, 

14 $2,849,743,000. 

15 (4) For ammunition, $2,036,785,000. 

16 (5) For other procurement, $7,729,602,000. 

17 SEC. 102. NAVY AND MARINE CORPS. 

18 (a) NAVY.—Funds are hereby authorized to be appro19 priated for fiscal year 2007 for procurement for the Navy 

20 as follows: 

21 (1) For aircraft, $10,704,155,000. 

22 (2) For weapons, including missiles and tor23 pedoes, $2,587,020,000. 

24 (3) For shipbuilding and conversion, 

25 $12,058,553,000. 

26 (4) For other procurement, $5,045,516,000. 


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1 (b) MARINE CORPS.—Funds are hereby authorized to 

2 be appropriated for fiscal year 2007 for procurement for 

3 the Marine Corps in the amount of $1,300,213,000. 

4 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds 

5 are hereby authorized to be appropriated for fiscal year 

6 2007 for procurement of ammunition for the Navy and 

7 the Marine Corps in the amount of $809,943,000. 

8 SEC. 103. AIR FORCE. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2007 for procurement for the Air Force as fol11 lows: 

12 (1) For aircraft, $12,004,096,000. 

13 (2) For missiles, $4,224,145,000. 

14 (3) For ammunition, $1,076,749,000. 

15 (4) For other procurement, $15,434,586,000. 

16 SEC. 104. DEFENSE-WIDE ACTIVITIES. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2007 for Defense-wide procurement in the 

19 amount of $2,980,498,000. 

20 Subtitle B—Army Programs 

21 SEC. 111. LIMITATION ON AVAILABILITY OF FUNDS FOR 

22 THE JOINT NETWORK NODE. 

23 (a) LIMITATION.—Of the amount authorized to be 

24 appropriated by section 101(5) for other procurement for 

25 the Army and available for purposes of the procurement 


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1 of the Joint Network Node, not more than 50 percent of 

2 such amount may be available for such purposes until the 

3 Secretary of the Army submits to the congressional de4 fense committees a report on the strategy of the Army 

5 for the convergence of the Joint Network Node, the 

6 Warfighter Information Network–Tactical, and the 

7 Mounted Battle Command On-the-Move communications 

8 programs. 

9 (b) ELEMENTS.—The report described in subsection 

10 (a) shall include a description of the acquisition plan re11 quired for the convergence described in that subsection, 

12 including the implementation plan, schedule, and funding 

13 of such acquisition plan. 

14 (c) DEADLINE.—The report described in subsection 

15 (a) shall be submitted under that subsection, if at all, not 

16 later than March 15, 2007. 

17 SEC. 112. COMPTROLLER GENERAL REPORT ON THE CON18 TRACT FOR THE FUTURE COMBAT SYSTEMS 

19 PROGRAM. 

20 (a) REPORT REQUIRED.—Not later than March 15, 

21 2007, the Comptroller General of the United States shall 

22 submit to the congressional defense committees a report 

23 on the participation and activities of the lead systems inte24 grator in the Future Combat Systems (FCS) program 


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1 under the contract of the Army for the Future Combat 

2 Systems. 

3 (b) ELEMENTS.—The report required by subsection 

4 (a) shall include the following: 

5 (1) A description of the responsibilities of the 

6 lead systems integrator in managing the Future 

7 Combat Systems program under the contract for the 

8 Future Combat Systems, and an assessment of the 

9 manner in which such responsibilities differ from the 

10 typical responsibilities of a lead systems integrator 

11 under acquisition contracts of the Department of 

12 Defense. 

13 (2) A description and assessment of the respon14 sibilities of the Army in managing the Future Com15 bat Systems program, including oversight of the ac16 tivities of the lead systems integrator and the deci17 sions made by the lead systems integrator. 

18 (3) An assessment of the manner in which the 

19 Army— 

20 (A) ensures that the lead systems inte21 grator meets goals for the Future Combat Sys22 tems in a timely manner; and 

23 (B) evaluates the extent to which such 

24 goals are met. 


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1 (4) An identification of the mechanisms in place 

2 to ensure the protection of the interests of the 

3 United States in the Future Combat Systems pro4 gram. 

5 (5) An identification of the mechanisms in place 

6 to mitigate organizational conflicts of interests with 

7 respect to competition on Future Combat Systems 

8 technologies and equipment under subcontracts 

9 under the Future Combat Systems program. 

10 SEC. 113. REPORTS ON ARMY MODULARITY INITIATIVE. 

11 (a) REPORT BY SECRETARY OF THE ARMY.— 

12 (1) REPORT REQUIRED.—Not later than March 

13 15, 2007, the Secretary of the Army shall submit to 

14 the congressional defense committees a report on the 

15 modularity initiative of the Army. 

16 (2) ELEMENTS.—The report required by this 

17 subsection shall include the following: 

18 (A) A description of the manner in which 

19 the Army distinguishes costs under the 

20 modularity initiative from costs of moderniza21 tion and reset. 

22 (B) An identification, by line item, of the 

23 amount of funds expended to date on the 

24 modularity initiative. 


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1 (C) An identification, by line item, of the 

2 amount of funds the Army has budgeted and 

3 programmed to date on the modularity initia4 tive. 

5 (D) A detailed description on how 

6 modularity equipment will be allocated to the 

7 regular components and reserve components of 

8 the Armed Forces by 2011, and a description of 

9 any anticipated shortfalls in such allocation. 

10 (E) A plan for further testing and evalua11 tion of modular designs, and a summary of any 

12 lessons learned to date from modular brigades 

13 that have been established, deployed to Iraq, or 

14 both. 

15 (b) ANNUAL COMPTROLLER GENERAL REPORTS.— 

16 (1) REPORTS REQUIRED.—The Comptroller 

17 General of the United States shall submit to the 

18 congressional defense committees each year, not 

19 later than 45 days after the date on which the budg20 et of the President is submitted to Congress for a 

21 fiscal year under section 1105 of title 31, United 

22 States Code, a report on the assessment of the 

23 Comptroller General on the following: 

24 (A) The progress of the Army in equipping 

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1 ponents and reserve components of the Armed 

2 Forces. 

3 (B) The use of funds by the Army for the 

4 modularity initiative. 

5 (C) The progress of the Army in con6 ducting further testing and evaluations of de7 signs under the modularity initiative. 

8 (2) FIRST REPORT.—The first report required 

9 under this subsection shall be submitted in conjunc10 tion with the budget for fiscal year 2008. 

11 Subtitle C—Navy Programs 

12 SEC. 121. CVN–21 CLASS AIRCRAFT CARRIER PROCURE13 MENT. 

14 (a) AVAILABILITY OF FUNDS FOR CVN–21 CLASS

15 AIRCRAFT CARRIERS.—Amounts authorized to be appro16 priated to Shipbuilding and Conversion, Navy, for pur17 poses of the construction of CVN–21 class aircraft carriers 

18 shall be available in the fiscal year for which authorized 

19 to be appropriated and the succeeding three fiscal years. 

20 (b) AMOUNT AUTHORIZED FROM SCN ACCOUNT FOR

21 FISCAL YEAR 2007.—Of the amount authorized to be ap22 propriated by section 102(a)(3) for fiscal year 2007 for 

23 Shipbuilding and Conversion, Navy, $834,100,000 shall be 

24 available for advance procurement with respect to the 


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1 CVN–21 class aircraft carriers designated CVN–78, 

2 CVN–79, and CVN–80. 

3 (c) CONTRACT AUTHORITY.— 

4 (1) ADVANCE PROCUREMENT.—The Secretary 

5 of the Navy may enter into a contract during fiscal 

6 year 2007 for advance procurement with respect to 

7 the CVN–21 class aircraft carriers designated CVN– 

8 79 and CVN–80. 

9 (2) CONSTRUCTION.—In the fiscal year imme10 diately following the last fiscal year of the contract 

11 for advance procurement for a CVN–21 class air12 craft carrier referred to in paragraph (1), the Sec13 retary may enter into a contract for the construction 

14 of such aircraft carrier to be funded in the fiscal 

15 year of such contract for construction and the suc16 ceeding three fiscal years. 

17 (d) CONDITION FOR OUT-YEAR CONTRACT PAY18 MENTS.—A contract entered into under subsection (b) 

19 shall provide that any obligation of the United States to 

20 make a payment under the contract for any subsequent 

21 fiscal year is subject to the availability of appropriations 

22 for that purpose for such subsequent fiscal year. 


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1 SEC. 122. CONSTRUCTION OF FIRST TWO VESSELS UNDER 

2 THE NEXT-GENERATION DESTROYER PRO3 GRAM. 

4 (a) AVAILABILITY OF FUNDS.—Of the amount au5 thorized to be appropriated by section 102(a)(3) for fiscal 

6 year 2007 for Shipbuilding and Conversion, Navy, 

7 $2,568,000,000 may be available for the construction of 

8 the first two vessels under the next-generation destroyer 

9 program. 

10 (b) CONTRACT AUTHORITY.— 

11 (1) IN GENERAL.—The Secretary of the Navy 

12 may in accordance with section 2306b of title 10, 

13 United States Code, enter into a multiyear contract 

14 beginning with the fiscal year 2007 program year 

15 for procurement of each of the first two vessels 

16 under the next-generation destroyer program. 

17 (2) LIMITATION.—Not more than one contract 

18 described in paragraph (1) may be awarded under 

19 that paragraph to a single surface-combatant ship20 yard. 

21 (3) DURATION ON PROCUREMENT.—Each con22 tract under paragraph (1) shall contemplate funding 

23 for the procurement of a vessel under such contract 

24 in fiscal years 2007 and 2008. 

25 (4) CONDITION ON OUT-YEAR CONTRACT PAY26 MENTS.—A contract entered into under paragraph 


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1 (1) shall provide that any obligation of the United 

2 States to make a payment under such contract for 

3 any fiscal year after fiscal year 2007 is subject to 

4 the availability of appropriations for that purpose 

5 for such fiscal year. 

6 SEC. 123. MODIFICATION OF LIMITATION ON TOTAL COST 

7 OF PROCUREMENT OF CVN–77 AIRCRAFT 

8 CARRIER. 

9 Section 122(f)(1) of the National Defense Authoriza10 tion Act for Fiscal Year 1998 (Public Law 105–85; 111 

11 Stat. 1650) is amended by striking ‘‘$4,600,000,000 (such 

12 amount being the estimated cost for the procurement of 

13 the CVN–77 aircraft carrier in the March 1997 procure14 ment plan)’’ and inserting ‘‘$6,057,000,000’’. 

15 Subtitle D—Air Force Programs 

16 SEC. 141. PROCUREMENT OF JOINT PRIMARY AIRCRAFT 

17 TRAINING SYSTEM AIRCRAFT AFTER FISCAL 

18 YEAR 2006. 

19 Any Joint Primary Aircraft Training System 

20 (JPATS) aircraft procured after fiscal year 2006 shall be 

21 procured through a contract under part 15 of the Federal 

22 Acquisition Regulation (FAR), relating to acquisition of 

23 items by negotiated contract (48 C.F.R. 15.000 et seq.), 

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1 eral Acquisition Regulation, relating to acquisition of com2 mercial items (48 C.F.R. 12.000 et seq.). 

3 SEC. 142. PROHIBITION ON RETIREMENT OF C–130E/H TAC4 TICAL AIRLIFT AIRCRAFT. 

5 The Secretary of the Air Force shall not retire any 

6 C–130E/H tactical airlift aircraft of the Air Force in fiscal 

7 year 2007. 

8 SEC. 143. LIMITATION ON RETIREMENT OF KC–135E AIR9 CRAFT. 

10 The Secretary of the Air Force shall ensure that the 

11 number, if any, of KC–135E aircraft of the Air Force that 

12 is retired in fiscal year 2007 does not exceed 29 such air13 craft. 

14 SEC. 144. LIMITATION ON RETIREMENT OF B–52H BOMBER 

15 AIRCRAFT. 

16 The Secretary of the Air Force shall ensure that the 

17 number, if any, of B–52H bomber aircraft of the Air 

18 Force that is retired in fiscal year 2007 does not exceed 

19 18 such aircraft. 

20 SEC. 145. RETIREMENT OF B–52H BOMBER AIRCRAFT. 

21 (a) LIMITATION ON RETIREMENT PENDING REPORT

22 ON BOMBER FORCE STRUCTURE.—No funds authorized 

23 to be appropriated for the Department of Defense may 

24 be obligated or expended for retiring or dismantling any 

25 of the 93 B–52H bomber aircraft in service in the Air 


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1 Force as of June 1, 2006, until 30 days after the Sec2 retary of the Air Force transmits to the Committees on 

3 Armed Services of the Senate and the House of Represent4 atives a report on the bomber force structure of the Air 

5 Force meeting the requirements of subsection (b). 

6 (b) ELEMENTS.— 

7 (1) IN GENERAL.—A report under subsection 

8 (a) shall set forth the following: 

9 (A) The plan of the Air Force for the mod10 ernization of the B–52H bomber aircraft fleet. 

11 (B) The plans of the Air Force for the 

12 modernization of the balance of the bomber 

13 force structure. 

14 (C) The amount and type of bombers in 

15 the bomber force structure that is appropriate 

16 to meet the requirements of the national secu17 rity strategy of the United States. 

18 (D) A justification of the cost and pro19 jected savings of any reductions to the B–52H 

20 bomber aircraft fleet as a result of the retire21 ment or dismantlement of the B–52H bomber 

22 aircraft covered by the report. 

23 (E) The life expectancy of each bomber 

24 aircraft to remain in the bomber force struc25 ture. 


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1 (F) The date by which any new bomber 

2 aircraft must reach initial operational capability 

3 and the capabilities of the bomber force struc4 ture that would be replaced or superseded by 

5 any new bomber aircraft. 

6 (2) AMOUNT AND TYPE OF BOMBER FORCE

7 STRUCTURE DEFINED.—In this subsection, the term 

8 ‘‘amount and type of bomber force structure’’ means 

9 the number of B–2 bomber aircraft, B–52H bomber 

10 aircraft, and B–1 bomber aircraft that are required 

11 to carry out the national security strategy of the 

12 United States. 

13 (c) PREPARATION OF REPORT.—A report under this 

14 section shall be prepared and submitted by the Institute 

15 of Defense Analysis to the Secretary of the Air Force for 

16 transmittal by the Secretary in accordance with subsection 

17 (a). 

18 SEC. 146. PROHIBITION ON INCREMENTAL FUNDING AND 

19 MULTIYEAR PROCUREMENT OF F–22A AIR20 CRAFT. 

21 (a) PROHIBITION ON USE OF INCREMENTAL FUND22 ING.—The Secretary of the Air Force shall not use incre23 mental funding for the procurement of F–22A aircraft. 

24 (b) PROHIBITION ON MULTIYEAR CONTRACT.—The 

25 Secretary of the Air Force shall not enter into a multiyear 


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1 contract for the procurement of F–22A aircraft in fiscal 

2 year 2007. 

3 TITLE II—RESEARCH, DEVELOP4 MENT, TEST, AND EVALUA5 TION 

6 Subtitle A—Authorization of 

7 Appropriations 

8 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

9 Funds are hereby authorized to be appropriated for 

10 fiscal year 2007 for the use of the Department of Defense 

11 for research, development, test, and evaluation as follows: 

12 (1) For the Army, $11,151,009,000. 

13 (2) For the Navy, $17,451,823,000. 

14 (3) For the Air Force, $24,400,857,000. 

15 (4) For Defense-wide activities, 

16 $21,160,459,000, of which $181,520,000 is author17 ized for the Director of Operational Test and Eval18 uation. 

19 SEC. 202. AMOUNT FOR SCIENCE AND TECHNOLOGY. 

20 (a) AMOUNT FOR PROJECTS.—Of the total amount 

21 authorized to be appropriated by section 201, 

22 $11,468,959,000 shall be available for science and tech23 nology projects. 

24 (b) SCIENCE AND TECHNOLOGY DEFINED.—In this 

25 section, the term ‘‘science and technology project’’ means 


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1 work funded in program elements for defense research, de2 velopment, test, and evaluation under Department of De3 fense budget activities 1, 2, or 3. 

4 Subtitle B—Program Require5 ments, Restrictions, and Limita6 tions 

7 SEC. 211. INDEPENDENT ESTIMATE OF COSTS OF THE FU8 TURE COMBAT SYSTEMS. 

9 (a) LIMITATION ON AVAILABILITY OF FUNDS FOR

10 CERTAIN ACTIVITIES.—Of the amount authorized to be 

11 appropriated by this title and available for the Future 

12 Combat Systems (FCS) for purposes of system of systems 

13 engineering and program management for the Future 

14 Combat Systems, an amount equal to $500,000,000 of 

15 such amount may not be obligated and expended for such 

16 purposes until the Secretary of Defense submits to the 

17 congressional defense committees the report required by 

18 subsection (b)(4). 

19 (b) INDEPENDENT ESTIMATE REQUIRED.— 

20 (1) IN GENERAL.—The Secretary of Defense 

21 shall provide for the preparation of an independent 

22 estimate of the anticipated costs of systems develop23 ment and demonstration with respect to the Future 

24 Combat Systems. 


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1 (2) CONDUCT OF ESTIMATE.—The estimate re2 quired by this subsection shall be prepared by a fed3 erally funded research and development center se4 lected by the Secretary for purposes of this sub5 section. 

6 (3) MATTERS TO BE ADDRESSED.—The inde7 pendent estimate prepared under this subsection 

8 shall address costs of research, development, test, 

9 and evaluation, and costs of procurement, for— 

10 (A) the system development and dem11 onstration phase of the core Future Combat 

12 Systems; 

13 (B) the Future Combat Systems tech14 nologies to be incorporated into the equipment 

15 of the current force of the Army (often referred 

16 to as ‘‘spinouts’’); 

17 (C) the installation kits for the incorpora18 tion of such technologies into such equipment; 

19 (D) the systems treated as complementary 

20 systems for the Future Combat Systems; 

21 (E) science and technology initiatives that 

22 support the Future Combat Systems program; 

23 and 

24 (F) any pass-through charges anticipated 

25 to be assessed by the lead systems integrator of 


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1 the Future Combat Systems and its major sub2 contractors. 

3 (4) SUBMITTAL TO CONGRESS.—Upon comple4 tion of the independent estimate required by this 

5 subsection, the Secretary shall submit to the con6 gressional defense committees a report on the esti7 mate. 

8 (5) DEADLINE FOR SUBMITTAL.—The report 

9 described in paragraph (4) shall be submitted not 

10 later than the date of the submittal to Congress of 

11 the budget of the President for fiscal year 2008 (as 

12 submitted to Congress under section 1105(a) of title 

13 31, United States Code). 

14 (c) PASS-THROUGH CHARGE DEFINED.—In this sec15 tion, the term ‘‘pass-through charge’’ has the meaning 

16 given that term in section 805(c)(5) of the National De17 fense Authorization Act for Fiscal Year 2006 (Public Law 

18 109–163; 119 Stat. 3373). 

19 SEC. 212. FUNDING OF DEFENSE SCIENCE AND TECH20 NOLOGY PROGRAMS. 

21 (a) EXTENSION OF FUNDING OBJECTIVE.—Sub22 section (b) of section 212 of the National Defense Author23 ization Act for Fiscal Year 2000 (10 U.S.C. 2501 note) 

24 is amended by striking ‘‘through 2009’’ and inserting 

25 ‘‘through 2012’’. 


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1 (b) ACTIONS FOLLOWING FAILURE TO COMPLY

2 WITH OBJECTIVE.—Such section is further amended by 

3 adding at the end the following new subsection: 

4 ‘‘(c) ACTIONS FOLLOWING FAILURE TO COMPLY

5 WITH OBJECTIVE.—(1) If the proposed budget for a fiscal 

6 year covered by subsection (b) fails to comply with the 

7 objective set forth in that subsection, the Secretary of De8 fense shall submit to the congressional defense commit9 tees— 

10 ‘‘(A) a detailed, prioritized list, including esti11 mates of required funding, of highly-rated, peer-re12 viewed science and technology projects received by 

13 the Department through competitive solicitations 

14 and broad agency announcements which— 

15 ‘‘(i) are not funded solely due to lack of re16 sources, but 

17 ‘‘(ii) represent science and technology op18 portunities that support the research and devel19 opment programs and goals of the military de20 partments and the Defense Agencies; and 

21 ‘‘(B) a report, in both classified and unclassi22 fied form, containing an analysis and evaluation of 

23 international research and technology capabilities, 

24 including an identification of any technology areas in 

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1 nical leadership within the next five years, in each 

2 of the technology areas described in the following 

3 plans: 

4 ‘‘(i) The most current Joint Warfighting 

5 Science and Technology Plan required by sec6 tion 270 of the National Defense Authorization 

7 Act for Fiscal Year 1997 (10 U.S.C. 2501 

8 note). 

9 ‘‘(ii) The Defense Technology Area Plan of 

10 the Department of Defense. 

11 ‘‘(iii) The Basic Research Plan of the De12 partment of Defense. 

13 ‘‘(2)(A) The list required by paragraph (1)(A) for a 

14 fiscal year in which the budget for such fiscal year fails 

15 to comply with the objective in subsection (b) shall be sub16 mitted together with the Department of Defense budget 

17 justification materials submitted to Congress under sec18 tion 1105 of title 31, United States Code, with the budget 

19 for the next fiscal year. 

20 ‘‘(B) The report required by paragraph (1)(B) for a 

21 fiscal year in which the budget for such fiscal year fails 

22 to comply with the objective in subsection (b) shall be sub23 mitted not later than the six months after the submittal 

24 of the Department of Defense budget justification mate25 rials that are submitted to Congress under section 1105 


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1 of title 31, United States Code, with the budget for the 

2 next fiscal year.’’. 

3 SEC. 213. HYPERSONICS DEVELOPMENT. 

4 (a) ESTABLISHMENT OF JOINT TECHNOLOGY OF5 FICE ON HYPERSONICS.—The Secretary of Defense shall 

6 establish within the Office of the Secretary of Defense a 

7 joint technology office on hypersonics. The office shall 

8 carry out the program required under subsection (b), and 

9 shall have such other responsibilities relating to 

10 hypersonics as the Secretary shall specify. 

11 (b) PROGRAM ON HYPERSONICS.—The joint tech12 nology office established under subsection (a) shall carry 

13 out a program for the development of hypersonics for de14 fense purposes. 

15 (c) RESPONSIBILITIES.—In carrying out the program 

16 required by subsection (b), the joint technology office es17 tablished under subsection (a) shall do the following: 

18 (1) Coordinate and integrate the research, de19 velopment, test, and evaluation programs and sys20 tem demonstration programs of the Department of 

21 Defense on hypersonics. 

22 (2) Undertake appropriate actions to ensure— 

23 (A) close and continuous integration of the 

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1 ments with the programs on hypersonics of the 

2 Defense Agencies; and 

3 (B) coordination of the programs referred 

4 to in subparagraph (A) with the programs on 

5 hypersonics of the National Aeronautics and 

6 Space Administration. 

7 (3) Approve demonstration programs on 

8 hypersonic systems. 

9 (4) Ensure that any demonstration program on 

10 hypersonic systems that is carried out in any year 

11 after its approval under paragraph (3) is carried out 

12 only if certified under subsection (e) as being con13 sistent with the roadmap under subsection (d). 

14 (d) ROADMAP.— 

15 (1) ROADMAP REQUIRED.—The joint technology 

16 office established under subsection (a) shall, in co17 ordination with the Joint Staff and the National 

18 Aeronautics and Space Administration, develop a 

19 roadmap for the hypersonics programs of the De20 partment of Defense. 

21 (2) ELEMENTS.—The roadmap shall include 

22 the following matters: 

23 (A) Short-term, mid-term, and long-term 

24 goals for the Department of Defense on 

25 hypersonics which shall be consistent with the 


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1 missions and anticipated requirements of the 

2 Department over the applicable period. 

3 (B) Acquisition transition plans for 

4 hypersonics. 

5 (C) Anticipated mission requirements for 

6 hypersonics. 

7 (D) A schedule for meeting such goals, in8 cluding the activities and funding anticipated to 

9 be required for meeting such goals. 

10 (3) SUBMITTAL TO CONGRESS.—The Secretary 

11 shall submit the roadmap to the congressional de12 fense committees at the same time as the submittal 

13 to Congress of the budget for fiscal year 2008 (as 

14 submitted pursuant to section 1105 of title 31, 

15 United States Code). 

16 (e) ANNUAL REVIEW AND CERTIFICATION OF FUND17 ING.— 

18 (1) ANNUAL REVIEW.—The joint technology of19 fice established under subsection (a) shall conduct 

20 on an annual basis a review of the funding available 

21 for research, development, test, and evaluation and 

22 demonstration programs of the Department of De23 fense on hypersonics in order to determine whether 

24 or not such funding and programs are consistent 

25 with the roadmap developed under subsection (d). 


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1 (2) CERTIFICATION.—The joint technology of2 fice shall, as a result of each review under para3 graph (1), certify to the Secretary whether or not 

4 the funding and programs subject to such review are 

5 consistent with the roadmap developed under sub6 section (d). 

7 (3) TERMINATION.—The requirements of this 

8 subsection shall terminate after the submittal to 

9 Congress of the budget for fiscal year 2012 pursu10 ant to section 1105 of title 31, United States Code. 

11 (f) REPORTS TO CONGRESS.—If, as a result of a re12 view under subsection (e), funding or a program on 

13 hypersonics is certified under that subsection not to be 

14 consistent with the roadmap developed under subsection 

15 (d), the Secretary shall submit to Congress a report on 

16 such funding or program, as the case may be, together 

17 with a statement of the actions to be taken to make such 

18 funding or program, as the case may be, consistent with 

19 the roadmap. 

20 (g) HYPERSONICS DEFINED.—In this section, the 

21 term ‘‘hypersonics’’ means aircraft and missiles capable 

22 of travelling at speeds in excess of Mach 5. 

23 SEC. 214. TRIDENT SEA-LAUNCHED BALLISTIC MISSILES. 

24 (a) LIMITATION ON AVAILABILITY OF FUNDS.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), none of the funds authorized to be appro3 priated by this Act for the Conventional Trident 

4 Modification (CTM) program may be obligated or 

5 expended for the development or modification of the 

6 Trident D–5 sea-launched ballistic missile until 30 

7 days after the date on which the report required by 

8 subsection (b) is submitted to the congressional de9 fense committees. 

10 (2) EXCEPTION.—Paragraph (1) shall not 

11 apply with respect to amounts authorized to be ap12 propriated by section 201(2) for research, develop13 ment, test, and evaluation, Navy, and available for 

14 Advanced Conventional Strike Capability (PE 

15 #64327N) in an amount not to exceed $32,000,000. 

16 (b) REPORT.— 

17 (1) REPORT REQUIRED.—The Secretary of De18 fense shall, in consultation with the Secretary of 

19 State, submit to the congressional defense commit20 tees a report setting forth a proposal to replace nu21 clear warheads on twenty-four Trident D–5 sea22 launched ballistic missiles with conventional kinetic 

23 warheads for deployment on submarines that carry 

24 Trident sea-launched ballistic missiles. 


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1 (2) ELEMENTS.—The report required by para2 graph (1) shall include the following: 

3 (A) A description of the types of scenarios, 

4 types of targets, and circumstances in which a 

5 conventional sea-launched ballistic missile would 

6 be used. 

7 (B) A discussion of the weapon systems or 

8 weapons, whether current or planned, that 

9 could be used as an alternative for each of the 

10 scenarios, target types, and circumstances set 

11 forth under subparagraph (A), and a statement 

12 of any reason why each is not a suitable alter13 native to a conventional sea-launched ballistic 

14 missile. 

15 (C) A description of the command and con16 trol arrangements for conventional sea-launched 

17 ballistic missiles, including launch authority and 

18 the use of Permissive Action Links (PALs). 

19 (D) An assessment of the capabilities of 

20 other countries to detect and track the launch 

21 of a conventional or nuclear sea-launched bal22 listic missile. 

23 (E) An assessment of the capabilities of 

24 other countries to discriminate between the 

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1 sile and a conventional sea-launched ballistic 

2 missile, other than in a testing scenario. 

3 (F) An assessment of the notification and 

4 other protocols that would have to be in place 

5 prior to using any conventional sea-launched 

6 ballistic missile and a plan for entering into 

7 such protocols. 

8 (G) An assessment of the adequacy of the 

9 intelligence that would be needed to support an 

10 attack involving conventional sea-launched bal11 listic missiles. 

12 (H) A description of the total program 

13 cost, including the procurement costs of addi14 tional D–5 missiles, of the conventional Trident 

15 sea-launched ballistic missile program, by fiscal 

16 year. 

17 (I) An analysis and assessment of the im18 plications for ballistic missile proliferation if the 

19 United States decides to go forward with the 

20 conventional Trident sea-launched ballistic mis21 sile program or any other conventional long 

22 range ballistic missile program. 

23 (J) An analysis and assessment of the im24 plications for the United States missile defense 


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1 system if other countries utilize long range con2 ventional ballistic missiles. 

3 (K) An analysis of any problems created 

4 by the ambiguity that results from the use of 

5 the same ballistic missile for both conventional 

6 and nuclear warheads. 

7 (L) An analysis and assessment of the 

8 methods that other countries might use to re9 solve the ambiguities associated with a nuclear 

10 or conventional sea-launched ballistic missile. 

11 (M) An analysis, by the Secretary of State, 

12 of the international, treaty, and other concerns 

13 that would be associated with the use of a con14 ventional sea-launched ballistic missile and rec15 ommendations for measures to mitigate or 

16 eliminate such concerns. 

17 (N) A joint statement by the Secretary of 

18 Defense and the Secretary of State on how to 

19 ensure that the use of a conventional sea20 launched ballistic missile will not result in an 

21 intentional, inadvertent, mistaken, or accidental 

22 reciprocal or responsive launch of a nuclear 

23 strike by any other country. 

24 (c) AVAILABILITY OF FUNDS FOR REPORT.—Of the 

25 amounts authorized to be appropriated by this Act (other 


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1 than the amounts covered by the limitation in subsection 

2 (a)), $20,000,000 may be available to prepare the report 

3 required by subsection (b). 

4 Subtitle C—Missile Defense 

5 Programs 

6 SEC. 231. AVAILABILITY OF RESEARCH, DEVELOPMENT, 

7 TEST, AND EVALUATION FUNDS FOR FIELD8 ING BALLISTIC MISSILE DEFENSE CAPABILI9 TIES. 

10 Upon approval by the Secretary of Defense, funds au11 thorized to be appropriated for fiscal year 2008 for the 

12 use of the Department of Defense for research, develop13 ment, test, and evaluation and available for the Missile 

14 Defense Agency may be used for the development and 

15 fielding of ballistic missile defense capabilities. 

16 SEC. 232. POLICY OF THE UNITED STATES ON PRIORITIES 

17 IN THE DEVELOPMENT, TESTING, AND FIELD18 ING OF MISSILE DEFENSE CAPABILITIES. 

19 (a) FINDINGS.—Congress makes the following find20 ings: 

21 (1) In response to the threat posed by ballistic 

22 missiles, President George W. Bush in December 

23 2002 directed the Secretary of Defense to proceed 

24 with the fielding of an initial set of missile defense 

25 capabilities in 2004 and 2005. 


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1 (2) According to assessments by the intelligence 

2 community of the United States, North Korea tested 

3 in 2005 a new solid propellant short-range ballistic 

4 missile and is likely developing intermediate-range 

5 and intercontinental ballistic missile capabilities that 

6 could someday reach as far as the United States 

7 with a nuclear payload. 

8 (3) According to assessments by the intelligence 

9 community of the United States, Iran continued in 

10 2005 to test its medium range ballistic missile, and 

11 the danger that Iran will acquire a nuclear weapon 

12 and integrate it with a ballistic missile Iran already 

13 possesses is a reason for immediate concern. 

14 (b) POLICY.—It is the policy of the United States 

15 that the Department of Defense accord a priority within 

16 the missile defense program to the development, testing, 

17 fielding, and improvement of effective near-term missile 

18 defense capabilities, including the ground-based midcourse 

19 defense system, the Aegis ballistic missile defense system, 

20 the Patriot PAC–3 system, the Terminal High Altitude 

21 Area Defense system, and the sensors necessary to sup22 port such systems. 


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1 SEC. 233. ONE-YEAR EXTENSION OF COMPTROLLER GEN2 ERAL ASSESSMENTS OF BALLISTIC MISSILE 

3 DEFENSE PROGRAMS. 

4 Section 232(g) of the National Defense Authorization 

5 Act for Fiscal Year 2002 (10 U.S.C. 2431 note) is amend6 ed— 

7 (1) in paragraph (1), by striking ‘‘through 

8 2007’’ and inserting ‘‘through 2008’’; and 

9 (2) in paragraph (2), by striking ‘‘through 

10 2008’’ and inserting ‘‘through 2009’’. 

11 SEC. 234. SUBMITTAL OF PLANS FOR TEST AND EVALUA12 TION OF THE OPERATIONAL CAPABILITY OF 

13 THE BALLISTIC MISSILE DEFENSE SYSTEM. 

14 Section 234(a) of the National Defense Act for Fiscal 

15 Year 2006 (Public Law 109–163; 119 Stat. 3174; 10 

16 U.S.C. 2431 note) is amended by adding at the end the 

17 following new paragraph: 

18 ‘‘(3) SUBMITTAL TO CONGRESS.—Each plan 

19 prepared under this subsection and approved by the 

20 Director of Operational Test and Evaluation shall be 

21 submitted to the congressional defense committees 

22 not later than 30 days after the date of the approval 

23 of such plan by the Director.’’. 


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1 SEC. 235. ANNUAL REPORTS ON TRANSITION OF BALLISTIC 

2 MISSILE DEFENSE PROGRAMS TO THE MILI3 TARY DEPARTMENTS. 

4 (a) REPORT REQUIRED.—Not later than March 1, 

5 2007, and annually thereafter through 2013, the Under 

6 Secretary of Defense for Acquisition, Technology, and Lo7 gistics shall submit to the congressional defense commit8 tees a report on the plans of the Department of Defense 

9 for the transition of missile defense programs from the 

10 Missile Defense Agency to the military departments. 

11 (b) SCOPE OF REPORTS.—Each report required by 

12 subsection (a) shall cover the period covered by the future13 years defense program that is submitted under section 221 

14 of title 10, United States Code, in the year in which such 

15 report is submitted. 

16 (c) ELEMENTS.—Each report required by subsection 

17 (a) shall include the following: 

18 (1) An identification of— 

19 (A) the missile defense programs planned 

20 to be transitioned from the Missile Defense 

21 Agency to the military departments; and 

22 (B) the missile defense programs, if any, 

23 not planned for transition to the military de24 partments. 

25 (2) The schedule for transition of each missile 

26 defense program planned to be transitioned to a 


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1 military department, and an explanation of such 

2 schedule. 

3 (3) A description of the status of the plans and 

4 agreements of the Missile Defense Agency and the 

5 military departments on the transition of missile de6 fense programs to the military departments. 

7 (4) An identification of the entity (whether the 

8 Missile Defense Agency, a military department, or 

9 both) that will be responsible for funding each mis10 sile defense program to be transitioned to a military 

11 department, and at what date. 

12 (5) A description of the type of funds that will 

13 be used (whether funds for research, development, 

14 test, and evaluation, procurement, military construc15 tion, or operation and maintenance) for each missile 

16 defense program to be transitioned to a military de17 partment. 

18 (6) An explanation of the number of systems 

19 planned for procurement for each missile defense 

20 program to be transitioned to a military department, 

21 and the schedule for procurement of each such sys22 tem. 


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1 Subtitle D—Other Matters 

2 SEC. 251. EXTENSION OF REQUIREMENT FOR GLOBAL RE3 SEARCH WATCH PROGRAM. 

4 Section 2365(f) of title 10, United States Code, is 

5 amended by striking ‘‘September 30, 2006’’ and inserting 

6 ‘‘September 30, 2011’’. 

7 SEC. 252. EXPANSION AND EXTENSION OF AUTHORITY TO 

8 AWARD PRIZES FOR ADVANCED TECH9 NOLOGY ACHIEVEMENTS. 

10 (a) EXPANSION.— 

11 (1) IN GENERAL.—Subsection (a) of section 

12 2374a of title 10, United States Code, is amended— 

13 (A) by striking ‘‘Director of the Defense 

14 Advanced Research Projects Agency’’ and in15 serting ‘‘Director of Defense Research and En16 gineering and the Service Acquisition Execu17 tives of the military departments’’; and 

18 (B) by striking ‘‘a program’’ and inserting 

19 ‘‘programs’’. 

20 (2) CONFORMING AMENDMENTS.—(A) Sub21 section (b) of such section is amended by striking 

22 ‘‘The program’’ and inserting ‘‘Any program’’. 

23 (B) Subsection (d) of such section is amend24 ed— 


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1 (i) by striking ‘‘The program’’ and insert2 ing ‘‘A program’’; and 

3 (ii) by striking ‘‘the Director’’ and insert4 ing ‘‘an official referred to in that subsection’’. 

5 (b) EXTENSION.—Subsection (f) of such section is 

6 amended by striking ‘‘September 30, 2007’’ and inserting 

7 ‘‘September 30, 2011’’. 

8 (c) MODIFICATION OF REPORTING REQUIREMENT.— 

9 Subsection (e) of such section is amended to read as fol10 lows: 

11 ‘‘(e) ANNUAL REPORT.—(l) Not later than March 1 

12 each year, the Secretary shall submit to the Committees 

13 on Armed Services of the Senate and the House of Rep14 resentatives a report on the activities undertaken during 

15 the preceding fiscal year under the authority in subsection 

16 (a). 

17 ‘‘(2) The report for a fiscal year under this subsection 

18 shall include the following: 

19 ‘‘(A) A description of the proposed goals of the 

20 competitions established under each program under 

21 subsection (a), including the areas of research, tech22 nology development, or prototype development to be 

23 promoted by such competitions and the relationship 

24 of such areas to the military missions of the Depart25 ment of Defense. 


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1 ‘‘(B) An analyses of why the utilization of the 

2 authority in subsection (a) was the preferable meth3 od of achieving the goals described in subparagraph 

4 (A) as opposed to other authorities available to the 

5 Department, such as contracts, grants, and coopera6 tive agreements. 

7 ‘‘(C) The total amount of cash prizes awarded 

8 under each program, including a description of the 

9 manner in which the amounts of cash prizes award10 ed and claimed were allocated among the accounts 

11 of the Department for recording as obligations and 

12 expenditures. 

13 ‘‘(D) The methods used for the solicitation and 

14 evaluation of submissions under each program, to15 gether with an assessment of the effectiveness of 

16 such methods. 

17 ‘‘(E) A description of the resources, including 

18 personnel and funding, used in the execution of each 

19 program, together with a detailed description of the 

20 activities for which such resources were used and an 

21 accounting of how funding for execution was allo22 cated among the accounts of the Department for re23 cording as obligations and expenditures. 

24 ‘‘(F) A description of any plans to transition 

25 the technologies or prototypes developed as a result 


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1 of each program into an acquisition program of the 

2 Department.’’. 

3 SEC. 253. POLICIES AND PRACTICES ON TEST AND EVALUA4 TION TO ADDRESS EMERGING ACQUISITION 

5 APPROACHES. 

6 (a) REVIEW AND REVISION OF POLICIES AND PRAC7 TICES.— 

8 (1) REVIEW.—The Under Secretary of Defense 

9 for Acquisition, Technology, and Logistics shall re10 view Department of Defense policies and practices 

11 on test and evaluation in light of emerging ap12 proaches to acquisitions. 

13 (2) REVISED GUIDANCE.—If the Under Sec14 retary determines as a result of the review under 

15 paragraph (1) that a revision of the policies and 

16 practices referred to in that paragraph is necessary 

17 in light of emerging approaches to acquisitions, the 

18 Under Secretary shall issue new or revised guidance 

19 for the Department of Defense on test and evalua20 tion to address that determination. 

21 (3) COORDINATION.—The Under Secretary 

22 shall carry out this subsection in coordination with 

23 the Director of Operational Test and Evaluation and 

24 the Director of the Defense Test Resource Manage25 ment Center. 


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1 (b) ISSUES TO BE ADDRESSED.—In carrying out 

2 subsection (a), the Under Secretary shall address policies 

3 and practices on test and evaluation in order to— 

4 (1) ensure the performance of test and evalua5 tion activities with regard to— 

6 (A) items that are acquired pursuant to 

7 the authority for rapid acquisition and deploy8 ment of items in section 806 of the Bob Stump 

9 National Defense Authorization Act for Fiscal 

10 Year 2003 (10 U.S.C. 2302 note); 

11 (B) programs that are conducted pursuant 

12 to the authority for spiral development in sec13 tion 803 of the Bob Stump National Defense 

14 Authorization Act for Fiscal Year 2003 (Public 

15 Law 107–314; 116 Stat. 2603; 10 U.S.C. 2430 

16 note), or other authority for the conduct of in17 cremental acquisition programs; 

18 (C) systems that are acquired pursuant to 

19 time-certain development programs; and 

20 (D) equipment that is not subject to the 

21 operational test and evaluation requirements in 

22 section 2399 of title 10, United States Code, 

23 but which may require limited operational test 

24 and evaluation for the purpose of ensuring the 


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1 safety and survivability of such equipment and 

2 personnel using such equipment; and 

3 (2) ensure the appropriate use, if any, of oper4 ational test and evaluation resources to assess tech5 nology readiness levels for the purpose of section 

6 2366a of title 10, United States Code, and other ap7 plicable technology readiness requirements. 

8 (c) FUNDING MATTERS.—The Director of the De9 fense Test Resource Management Center shall ensure that 

10 the strategic plan for Department of Defense test and 

11 evaluation resources developed pursuant to section 196 of 

12 title 10, United States Code— 

13 (1) reflects any testing needs of the Depart14 ment of Defense that are identified as a result of ac15 tivities under subsection (a); and 

16 (2) includes an assessment of the test and eval17 uation facilities, resources, and budgets that will be 

18 required to meet such needs. 

19 (d) REPORT TO CONGRESS.—Not later than nine 

20 months after the date of the enactment of this Act, the 

21 Under Secretary shall submit to the congressional defense 

22 committees a report on the review conducted under para23 graph (1) of subsection (a), including any new or revised 

24 guidance issued pursuant to paragraph (2) of that sub25 section. 


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1 (e) TIME-CERTAIN DEVELOPMENT PROGRAM DE2 FINED.—In this section, the term ‘‘time-certain develop3 ment program’’ means a development program that is as4 signed a specific length of time in which milestone events 

5 will be accomplished by contract. 

6 SEC. 254. DEVELOPMENT OF THE PROPULSION SYSTEM 

7 FOR THE JOINT STRIKE FIGHTER. 

8 (a) IN GENERAL.—The Secretary of Defense shall 

9 provide for the development of the propulsion system for 

10 the F–35 fighter aircraft (commonly referred to as the 

11 ‘‘Joint Strike Fighter’’) by a means elected by the Sec12 retary from among the following: 

13 (1) Through the continuing development and 

14 sustainment of two interchangeable propulsion sys15 tems for the F–35 fighter aircraft by two separate 

16 contractors throughout the life cycle of the aircraft. 

17 (2) Through a one-time firm fixed price con18 tract for a selected propulsion system for the F–35 

19 fighter aircraft for the life cycle of the aircraft fol20 lowing the Initial Service Release of the F–35 fight21 er aircraft propulsion system in fiscal year 2008. 

22 (b) NOTICE OF CHANGE IN DEVELOPMENT.—The 

23 Secretary may not carry out any modification of the pro24 curement program for the F–35 fighter aircraft that 

25 would result in the development of the propulsion system 


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1 for such aircraft in a manner other than as elected by 

2 the Secretary under subsection (a) until the Secretary no3 tifies the congressional defense committees of such modi4 fication. 

5 SEC. 255. INDEPENDENT COST ANALYSES FOR JOINT 

6 STRIKE FIGHTER ENGINE PROGRAM. 

7 (a) COST ANALYSES.— 

8 (1) ANALYSES REQUIRED.—The Secretary of 

9 Defense (acting through the cost analysis improve10 ment group of the Office of the Secretary of De11 fense), a federally funded research and development 

12 center (FFRDC) selected by the Secretary for pur13 poses of this section, and the Comptroller General of 

14 the United States shall each perform three detailed 

15 and comprehensive cost analyses of the engine pro16 gram for the F–35 fighter aircraft (commonly re17 ferred to as the ‘‘Joint Strike Fighter’’). 

18 (2) ELEMENTS.—Each official or entity per19 forming cost analyses under paragraph (1) shall per20 form a cost analysis of each of the following: 

21 (A) An alternative under which the F–35 

22 fighter aircraft is capable of using the F135 en23 gine only. 


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1 (B) An alternative under which the F–35 

2 fighter aircraft is capable of using either the 

3 F135 engine or the F136 engine. 

4 (C) Any other alternative, whether secured 

5 through a competitive or sole-source bidding 

6 process, that would reduce cost, improve pro7 gram schedule, and improve performance and 

8 reliability of the F–35 fighter aircraft program. 

9 (b) REPORTS.— 

10 (1) REPORTS REQUIRED.—Not later than 

11 March 15, 2007, the Secretary, the federally funded 

12 research and development center selected under sub13 section (a), and the Comptroller General shall each 

14 submit to the congressional defense committees a re15 port on the three independent cost analyses per16 formed by such official or entity under subsection 

17 (a). 

18 (2) REPORT ELEMENTS.—Each report under 

19 paragraph (1) shall include the following: 

20 (A) A statement of the key assumptions 

21 utilized in performing each cost analysis cov22 ered by such report. 

23 (B) A discussion of the methodology and 

24 techniques utilized in performing each cost 

25 analysis. 


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1 (C) For each alternative under subsection 

2 (a)(2)— 

3 (i) a comparison of the life-cycle costs, 

4 including costs in current and constant 

5 dollars and a net-present-value analysis, 

6 with the other alternatives under that sub7 section; and 

8 (ii) an estimate of— 

9 (I) the supply, maintenance, and 

10 other operations manpower required 

11 to support such alternative; 

12 (II) the number of flight hours 

13 required to achieve engine maturity, 

14 and the year in which engine maturity 

15 is anticipated to be achieved; and 

16 (III) the total number of engines 

17 anticipated to be procured over the 

18 lifetime of the F–35 fighter aircraft 

19 program. 

20 (D) A discussion of the acquisition strate21 gies used for the acquisition of engines for 

22 other tactical fighter aircraft, including the F– 

23 15, F–16, F–18, and F–22 fighter aircraft, and 

24 an assessment of the experience in terms of 


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1 cost, schedule, and performance under the ac2 quisition programs for such engines. 

3 (E) A comparison in terms of performance, 

4 savings, maintainability, reliability, and tech5 nical innovation of the acquisition programs for 

6 engines for tactical fighter aircraft carried out 

7 on a sole-source basis with the acquisition pro8 grams for tactical fighter aircraft carried out on 

9 a competitive basis. 

10 (F) Such conclusions and recommenda11 tions in light of the cost analyses as the official 

12 or entity submitting such report considers ap13 propriate. 

14 (3) CERTIFICATION OF FFRDC AND COMP15 TROLLER GENERAL.—In submitting the report re16 quired by this subsection, the federally funded re17 search and development center and the Comptroller 

18 General shall each also submit a certification as to 

19 whether the federally funded research and develop20 ment center or the Comptroller General, as the case 

21 may be, had access to sufficient information to en22 able the federally funded research and development 

23 center or the Comptroller General, as the case may 

24 be, to make informed judgments on the matters re25 quired to be included in the report. 


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1 (c) LIFE-CYCLE COSTS DEFINED.—In this section, 

2 the term ‘‘life-cycle costs’’ includes— 

3 (1) the elements of costs that would be consid4 ered for a life-cycle cost analysis for a major defense 

5 acquisition program, such as procurement of en6 gines, procurement of spare engines, and procure7 ment of engine components and parts; and 

8 (2) good-faith estimates of routine engine costs, 

9 such as performance upgrades and component im10 provement, that historically have occurred in tactical 

11 fighter engine programs. 

12 SEC. 256. SENSE OF SENATE ON TECHNOLOGY SHARING OF 

13 JOINT STRIKE FIGHTER TECHNOLOGY. 

14 It is the sense of the Senate that the Secretary of 

15 Defense should share technology with regard to the Joint 

16 Strike Fighter between the United States Government and 

17 the Government of the United Kingdom consistent with 

18 the national security interests of both nations. 

19 TITLE III—OPERATION AND 

20 MAINTENANCE 

21 Subtitle A—Authorization of 

22 Appropriations 

23 SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

24 Funds are hereby authorized to be appropriated for 

25 fiscal year 2007 for the use of the Armed Forces and other 


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1 activities and agencies of the Department of Defense for 

2 expenses, not otherwise provided for, for operation and 

3 maintenance, in amounts as follows: 

4 (1) For the Army, $24,795,580,000. 

5 (2) For the Navy, $31,130,784,000. 

6 (3) For the Marine Corps, $3,905,262,000. 

7 (4) For the Air Force, $31,251,107,000. 

8 (5) For Defense-wide activities, 

9 $20,106,756,000. 

10 (6) For the Army Reserve, $2,139,702,000. 

11 (7) For the Naval Reserve, $1,288,764,000. 

12 (8) For the Marine Corps Reserve, 

13 $211,911,000. 

14 (9) For the Air Force Reserve, $2,575,100,000. 

15 (10) For the Army National Guard, 

16 $4,857,728,000. 

17 (11) For the Air National Guard, 

18 $5,318,717,000. 

19 (12) For the United States Court of Appeals 

20 for the Armed Forces, $11,721,000. 

21 (13) For Environmental Restoration, Army, 

22 $463,794,000. 

23 (14) For Environmental Restoration, Navy, 

24 $304,409,000. 


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1 (15) For Environmental Restoration, Air Force, 

2 $423,871,000. 

3 (16) For Environmental Restoration, Defense4 wide, $18,431,000. 

5 (17) For Environmental Restoration, Formerly 

6 Used Defense Sites, $282,790,000. 

7 (18) For the Overseas Contingency Operations 

8 Transfer Fund, $10,000,000. 

9 (19) For Cooperative Threat Reduction pro10 grams, $372,128,000. 

11 (20) For Overseas Humanitarian Disaster and 

12 Civic Aid, $63,204,000. 

13 SEC. 302. WORKING CAPITAL FUNDS. 

14 Funds are hereby authorized to be appropriated for 

15 fiscal year 2007 for the use of the Armed Forces and other 

16 activities and agencies of the Department of Defense for 

17 providing capital for working capital and revolving funds 

18 in amounts as follows: 

19 (1) For the Defense Working Capital Funds, 

20 $1,364,498,000. 

21 (2) For the National Defense Sealift Fund, 

22 $1,071,932,000. 

23 SEC. 303. OTHER DEPARTMENT OF DEFENSE PROGRAMS. 

24 (a) DEFENSE HEALTH PROGRAM.—Funds are here25 by authorized to be appropriated for the Department of 


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1 Defense for fiscal year 2007 for expenses, not otherwise 

2 provided for, for the Defense Health Program, 

3 $20,915,321,000, of which— 

4 (1) $20,381,863,000 is for Operation and 

5 Maintenance; 

6 (2) $135,603,000 is for Research, Development, 

7 Test, and Evaluation; and 

8 (3) $397,855,000 is for Procurement. 

9 (b) CHEMICAL AGENTS AND MUNITIONS DESTRUC10 TION, DEFENSE.— 

11 (1) IN GENERAL.—Funds are hereby authorized 

12 to be appropriated for the Department of Defense 

13 for fiscal year 2007 for expenses, not otherwise pro14 vided for, for Chemical Agents and Munitions De15 struction, Defense, $1,277,304,000, of which— 

16 (A) $1,046,290,000 is for Operation and 

17 Maintenance; and 

18 (B) $231,014,000 is for Research, Devel19 opment, Test, and Evaluation. 

20 (2) AVAILABILITY.—Amounts authorized to be 

21 appropriated under paragraph (1) are authorized 

22 for— 

23 (A) the destruction of lethal chemical 

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1 tion 1412 of the Department of Defense Au2 thorization Act, 1986 (50 U.S.C. 1521); and 

3 (B) the destruction of chemical warfare 

4 materiel of the United States that is not cov5 ered by section 1412 of such Act. 

6 (c) DRUG INTERDICTION AND COUNTER-DRUG AC7 TIVITIES, DEFENSE-WIDE.—Funds are hereby authorized 

8 to be appropriated for the Department of Defense for fis9 cal year 2007 for expenses, not otherwise provided for, for 

10 Drug Interdiction and Counter-Drug Activities, Defense11 wide, $926,890,000. 

12 (d) DEFENSE INSPECTOR GENERAL.—Funds are 

13 hereby authorized to be appropriated for the Department 

14 of Defense for fiscal year 2007 for expenses, not otherwise 

15 provided for, for the Office of the Inspector General of 

16 the Department of Defense, $216,297,000, of which— 

17 (1) $214,897,000 is for Operation and Mainte18 nance; and 

19 (2) $1,400,000 is for Procurement. 


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1 Subtitle B—Program Require2 ments, Restrictions, and Limita3 tions 

4 SEC. 311. LIMITATION ON AVAILABILITY OF FUNDS FOR 

5 THE ARMY LOGISTICS MODERNIZATION PRO6 GRAM. 

7 Of the funds authorized to be appropriated for the 

8 Department of Defense by this division and available for 

9 the Army Logistics Modernization Program (LMP), not 

10 more than $6,900,000 may be obligated or expended for 

11 the development, fielding, or operation of the program 

12 until the Chairman of the Defense Business Systems Mod13 ernization Committee certifies to the congressional defense 

14 committees each of the following: 

15 (1) That the program is essential to the na16 tional security of the United States or to the effi17 cient management of the Department of Defense. 

18 (2) That there is no alternative to the system 

19 under the program which will provide equal or great20 er capability at a lower cost. 

21 (3) That the estimated costs, and the proposed 

22 schedule and performance parameters, for the pro23 gram and system are reasonable. 


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1 (4) That the management structure for the pro2 gram is adequate to manage and control program 

3 costs. 

4 SEC. 312. AVAILABILITY OF FUNDS FOR EXHIBITS FOR THE 

5 NATIONAL MUSEUMS OF THE ARMED 

6 FORCES. 

7 (a) NATIONAL MUSEUM OF THE UNITED STATES

8 ARMY.—Of the amounts authorized to be appropriated by 

9 section 301(1) for operation and maintenance for the 

10 Army, $3,000,000 may be available to the Secretary of 

11 the Army for education and training purposes to contract 

12 with the Army Historical Foundation for the acquisition, 

13 installation, and maintenance of exhibits at the National 

14 Museum of the United States Army. 

15 (b) NATIONAL MUSEUM OF THE UNITED STATES

16 NAVY.—Of the amounts authorized to be appropriated by 

17 section 301(2) for operation and maintenance for the 

18 Navy, $3,000,000 may be available to the Secretary of the 

19 Navy for education and training purposes to contract with 

20 the Naval Historical Foundation for the acquisition, in21 stallation, and maintenance of exhibits at the National 

22 Museum of the United States Navy. 

23 (c) NATIONAL MUSEUM OF THE MARINE CORPS AND

24 HERITAGE CENTER.—Of the amounts authorized to be 

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1 nance for the Marine Corps, $3,000,000 may be available 

2 to the Secretary of the Navy for education and training 

3 purposes to contract with the United States Marine Corps 

4 Heritage Foundation for the acquisition, installation, and 

5 maintenance of exhibits at the National Museum of the 

6 Marine Corps and Heritage Center. 

7 (d) NATIONAL MUSEUM OF THE UNITED STATES

8 AIR FORCE.—Of the amounts authorized to be appro9 priated by section 301(4) for operation and maintenance 

10 for the Air Force, $3,000,000 may be available to the Sec11 retary of the Air Force for education and training pur12 poses to contract with the Air Force Museum Foundation 

13 for the acquisition, installation, and maintenance of exhib14 its at the National Museum of the United States Air 

15 Force. 

16 (e) REIMBURSEMENT.— 

17 (1) AUTHORITY TO ACCEPT REIMBURSE18 MENT.—During any fiscal year after fiscal year 

19 2006, the Secretary of a military department may 

20 accept from any non-profit entity authorized to sup21 port the national museum of the applicable Armed 

22 Force amounts to reimburse such Secretary for 

23 amounts obligated and expended by such Secretary 

24 from amounts available to such Secretary under this 

25 section. 


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1 (2) TREATMENT.—Amounts accepted as reim2 bursement under paragraph (1) shall be credited to 

3 the account that was used to cover the costs in4 curred by the Secretary of the military department 

5 concerned under this section. Amounts so credited 

6 shall be merged with amounts in such account, and 

7 shall be available for the same purposes, and subject 

8 to the same conditions and limitations, as amounts 

9 in such account. 

10 SEC. 313. LIMITATION ON FINANCIAL MANAGEMENT IM11 PROVEMENT AND AUDIT INITIATIVES WITHIN 

12 THE DEPARTMENT OF DEFENSE. 

13 (a) LIMITATION.—The Secretary of Defense may not 

14 obligate or expend any funds for the purpose of any finan15 cial management improvement activity relating to the 

16 preparation, processing, or auditing of financial state17 ments until the Secretary submits to the congressional de18 fense committees a written determination that each activ19 ity proposed to be funded is— 

20 (1) consistent with the financial management 

21 improvement plan of the Department of Defense re22 quired by section 376(a)(1) of the National Defense 

23 Authorization Act for Fiscal Year 2006 (Public Law 

24 190–163; 119 Stat. 3213); and 


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1 (2) likely to improve internal controls or other2 wise result in sustained improvements in the ability 

3 of the Department to produce timely, reliable, and 

4 complete financial management information. 

5 (b) EXCEPTION.—The limitation in subsection (a) 

6 shall not apply to an activity directed exclusively at assess7 ing the adequacy of internal controls and remediating any 

8 inadequacy identified pursuant to such assessment. 

9 SEC. 314. LIMITATION ON AVAILABILITY OF OPERATION 

10 AND MAINTENANCE FUNDS FOR THE MAN11 AGEMENT HEADQUARTERS OF THE DEFENSE 

12 INFORMATION SYSTEMS AGENCY. 

13 Of the amount authorized to be appropriated by this 

14 title and available for purposes of the operation and main15 tenance of the management headquarters of the Defense 

16 Information Systems Agency, not more than 50 percent 

17 may be available for such purposes until the Secretary of 

18 Defense submits to Congress the report on the acquisition 

19 strategy of the Department of Defense for commercial sat20 ellite communications services required by section 818(b) 

21 of the National Defense Authorization Act for Fiscal Year 

22 2006 (Public Law 109–136; 119 Stat. 3385). 


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1 Subtitle C—Environmental 

2 Provisions 

3 SEC. 331. RESPONSE PLAN FOR REMEDIATION OF MILI4 TARY MUNITIONS. 

5 (a) PERFORMANCE GOALS FOR REMEDIATION.—The 

6 Department of Defense shall set the following remediation 

7 goals: 

8 (1) To complete, by not later than September 

9 30, 2007, preliminary assessments of unexploded 

10 ordnance, discarded military munitions, and muni11 tions constituents at all active installations and for12 merly used defense sites. 

13 (2) To complete, by not later than September 

14 30, 2010, site inspections of unexploded ordnance, 

15 discarded military munitions, and munitions con16 stituents at all active installations and formerly used 

17 defense sites. 

18 (3) To achieve, by not later than September 30, 

19 2009, a remedy in place or response complete for 

20 unexploded ordnance, discarded military munitions, 

21 and munitions constituents at all military installa22 tions closed or realigned as part of a round of de23 fense base closure and realignment occurring prior 

24 to the 2005 round. 


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1 (4) To achieve, by a time certain established by 

2 the Secretary, a remedy in place or response com3 plete for unexploded ordnance, discarded military 

4 munitions, and munitions constituents at all active 

5 installations and formerly used defense sites (other 

6 than operational ranges) and all military installa7 tions realigned or closed under the 2005 round of 

8 defense base closure and realignment. 

9 (b) RESPONSE PLAN REQUIRED.— 

10 (1) IN GENERAL.—Not later than March 1, 

11 2007, the Secretary of Defense shall submit to the 

12 congressional defense committees a comprehensive 

13 plan for addressing the remediation of unexploded 

14 ordnance, discarded military munitions, and muni15 tions constituents at current and former defense 

16 sites (other than operational ranges). 

17 (2) CONTENT.—The plan required by para18 graph (1) shall include— 

19 (A) a schedule, including interim goals, for 

20 achieving the goals described in paragraphs (1) 

21 through (3) of subsection (a), based upon the 

22 Munitions Response Site Prioritization Protocol 

23 established by the Department of Defense; 

24 (B) such interim goals as the Secretary de25 termines feasible for efficiently achieving the 


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1 goal required under paragraph (4) of such sub2 section; and 

3 (C) an estimate of the funding required to 

4 achieve the goals established pursuant to such 

5 subsection and the interim goals established 

6 pursuant to subparagraphs (A) and (B). 

7 (3) UPDATES.—(A) The Secretary shall, not 

8 later than March 15 of 2008, 2009, and 2010, sub9 mit to the congressional defense committees an up10 date of the plan required under paragraph (1). Each 

11 update may be included in the report on environ12 mental restoration activities submitted to Congress 

13 under section 2706(a) of title 10, United States 

14 Code, that is submitted in the year in which such 

15 update is submitted. 

16 (B) The Secretary may include in an update 

17 submitted under subparagraph (A) any adjustment 

18 to the remediation goals established under sub19 section (a) that the Secretary determines necessary 

20 to respond to unforeseen circumstances. 

21 (c) REPORT ON REUSE STANDARDS AND PRIN22 CIPLES.—Not later than March 1, 2007, the Secretary of 

23 Defense shall submit to the congressional defense commit24 tees a report on the status of the efforts of the Depart25 ment of Defense to achieve agreement with relevant reguVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 latory agencies on appropriate reuse standards or prin2 ciples, including— 

3 (1) a description of any standards or principles 

4 that have been agreed upon; and 

5 (2) a discussion of any issues that remain in 

6 disagreement (including the impact that any such 

7 disagreement is likely to have on the ability of the 

8 Department of Defense to carry out the plan). 

9 (d) DEFINITIONS.—In this section, the terms 

10 ‘‘unexploded ordnance’’, ‘‘discarded military munitions’’, 

11 ‘‘munitions constituents’’, ‘‘operational range’’, and ‘‘de12 fense site’’ have the meaning given such terms in section 

13 2710(e) of title 10, United States Code. 

14 (e) CONFORMING REPEAL.—Section 313 of the Na15 tional Defense Authorization Act for Fiscal Year 2002 

16 (Public Law 107–107; 115 Stat. 1051; 10 U.S.C. 2706 

17 note) is repealed. 

18 SEC. 332. EXTENSION OF AUTHORITY TO GRANT EXEMP19 TIONS TO CERTAIN REQUIREMENTS. 

20 (a) AMENDMENT TO TOXIC SUBSTANCES CONTROL

21 ACT.—Section 6(e)(3) of the Toxic Substances Control 

22 Act (15 U.S.C. 2605(e)(3)) is amended— 

23 (1) in subparagraph (A), by striking ‘‘subpara24 graphs (B) and (C)’’ and inserting ‘‘subparagraphs 

25 (B), (C), and (D)’’; 


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1 (2) in subparagraph (B), by striking ‘‘but not 

2 more than 1 year from the date it is granted’’ and 

3 inserting ‘‘but not more than 1 year from the date 

4 it is granted, except as provided in subparagraph 

5 (D)’’; and 

6 (3) by adding at the end the following new sub7 paragraph: 

8 ‘‘(D) The Administrator may grant an ex9 emption pursuant to subparagraph (B) for a 

10 period of up to 3 years for the purpose of au11 thorizing the Secretary of Defense and the Sec12 retaries of the military departments to provide 

13 for the transportation into the customs territory 

14 of the United States of polychlorinated 

15 biphenyls generated by or under the control of 

16 the Department of Defense for purposes of 

17 their disposal, treatment, or storage in the cus18 toms territory of the United States.’’. 

19 (b) SUNSET DATE.—The amendments made by sub20 section (a) shall cease to have effect on September 30, 

21 2012. The termination of the authority to grant exemp22 tions pursuant to such amendments shall not effect the 

23 validity of any exemption granted prior to such date. 

24 (c) REPORT.—Not later than March 1, 2011, the 

25 Secretary of Defense shall submit to the Committee on 


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1 Armed Services and the Committee on Environment and 

2 Public Works of the Senate and the Committee on Armed 

3 Services and the Committee on Energy and Commerce of 

4 the House of Representatives a report on the status of 

5 polychlorinated biphenyls generated by or under the con6 trol of the Department of Defense outside the United 

7 States. The report shall address, at a minimum— 

8 (1) the remaining volume of such poly9 chlorinated biphenyls that may require transpor10 tation into the customs territory of the United 

11 States for disposal, treatment, or storage; and 

12 (2) the efforts that have been made by the De13 partment of Defense and other Federal agencies to 

14 reduce such volume by— 

15 (A) reducing the volume of polychlorinated 

16 biphenyls generated by or under the control of 

17 the Department of Defense outside the United 

18 States; or 

19 (B) developing alternative options for the 

20 disposal, treatment, or storage of such poly21 chlorinated biphenyls. 

22 SEC. 333. RESEARCH ON EFFECTS OF OCEAN DISPOSAL OF 

23 MUNITIONS. 

24 (a) IDENTIFICATION OF DISPOSAL SITES.— 


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1 (1) HISTORICAL REVIEW.—The Secretary of 

2 Defense, in cooperation with the Commandant of the 

3 Coast Guard, the Administrator of the National Oce4 anic and Atmospheric Administration, and the heads 

5 of other relevant Federal agencies, shall conduct a 

6 historical review of available records to determine 

7 the number, size, and probable locations of sites 

8 where the Armed Forces disposed of military muni9 tions in coastal waters. The historical review shall, 

10 to the extent possible, identify the types of muni11 tions at individual sites. 

12 (2) INTERIM REPORTS.—The Secretary of De13 fense shall periodically, but no less often than annu14 ally, release any new information obtained during 

15 the historical review conducted under paragraph (1). 

16 The Secretary may withhold from public release the 

17 exact nature and locations of munitions the potential 

18 unauthorized retrieval of which could pose a signifi19 cant threat to the national defense or public safety. 

20 (3) INCLUSION OF INFORMATION IN ANNUAL

21 REPORT ON ENVIRONMENTAL RESTORATION ACTIVI22 TIES.—The Secretary shall include the information 

23 obtained pursuant to the review conducted under 

24 paragraph (1) in the annual report on environmental 


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1 restoration activities submitted to Congress under 

2 section 2706 of title 10, United States Code. 

3 (4) FINAL REPORT.—The Secretary shall com4 plete the historical review required under paragraph 

5 (1) and submit a final report on the findings of such 

6 review in the annual report on environmental res7 toration activities submitted to Congress for fiscal 

8 year 2009. 

9 (b) IDENTIFICATION OF NAVIGATIONAL AND SAFETY

10 HAZARDS.— 

11 (1) IDENTIFICATION OF HAZARDS.—The Sec12 retary of Defense shall provide available information 

13 to the Secretary of Commerce to assist the National 

14 Oceanic and Atmospheric Administration in pre15 paring nautical charts and other navigational mate16 rials for coastal waters that identify known or poten17 tial hazards posed by disposed military munitions to 

18 private activities, including commercial shipping and 

19 fishing operations. 

20 (2) CONTINUATION OF INFORMATION ACTIVI21 TIES.—The Secretary of Defense shall continue ac22 tivities to inform potentially affected users of the 

23 ocean environment, particularly fishing operations, 

24 of the possible hazards from contact with disposed 


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1 military munitions and the proper methods to miti2 gate such hazards. 

3 (c) RESEARCH.— 

4 (1) IN GENERAL.—The Secretary of Defense 

5 shall continue to conduct research on the effects on 

6 the ocean environment and those who use it of mili7 tary munitions disposed of in coastal waters. 

8 (2) SCOPE.—Research under paragraph (1) 

9 shall include— 

10 (A) the sampling and analysis of ocean wa11 ters and sea beds at or adjacent to military mu12 nitions disposal sites selected pursuant to para13 graph (3) to determine whether the disposed 

14 military munitions have caused or are causing 

15 contamination of such waters or sea beds; 

16 (B) investigation into the long-term effects 

17 of seawater exposure on disposed military muni18 tions, particularly effects on chemical muni19 tions; 

20 (C) investigation into the impacts any such 

21 contamination may have on the ocean environ22 ment and those who use it, including public 

23 health risks; 


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1 (D) investigation into the feasibility of re2 moving or otherwise remediating the military 

3 munitions; and 

4 (E) the development of effective safety 

5 measures for dealing with such military muni6 tions. 

7 (3) RESEARCH CRITERIA.—In conducting the 

8 research required by this subsection, the Secretary 

9 shall ensure that the sampling, analysis, and inves10 tigations are conducted at representative sites, tak11 ing into account factors such as depth, water tem12 perature, nature of the military munitions present, 

13 and relative proximity to onshore populations. In 

14 conducting such research, the Secretary shall select 

15 at least two representative sites each in the areas of 

16 the Atlantic coast, the Pacific coast (including Alas17 ka), and the Hawaiian Islands. 

18 (4) AUTHORITY TO MAKE GRANTS AND ENTER

19 INTO COOPERATIVE AGREEMENTS.—In conducting 

20 research under this subsection, the Secretary may 

21 make grants to, and enter into cooperative agree22 ments with, qualified research entities. 

23 (d) MONITORING.—If the historical review required 

24 by subsection (a) or the research required by subsection 

25 (c) indicates that contamination is being released into the 


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1 ocean waters from disposed military munitions at a par2 ticular site or that the site poses a significant public health 

3 or safety risk, the Secretary shall institute appropriate 

4 monitoring mechanisms at that site and report to the con5 gressional defense committees on any additional measures 

6 that may be necessary to address the release or risk, as 

7 applicable. 

8 (e) DEFINITIONS.—In this section: 

9 (1) The term ‘‘coastal waters’’ means that part 

10 of the ocean extending from the coast line of the 

11 United States to the outer boundary of the outer 

12 Continental Shelf. 

13 (2) The term ‘‘coast line’’ has the meaning 

14 given that term in section 2(c) of the Submerged 

15 Lands Act (43 U.S.C. 1301(c)). 

16 (3) The term ‘‘outer Continental Shelf’’ has the 

17 meaning given that term in section 2(a) of the Outer 

18 Continental Shelf Lands Act (43 U.S.C. 1331(a)). 

19 SEC. 334. CLARIFICATION OF MULTI-YEAR AUTHORITY TO 

20 USE BASE CLOSURE FUNDS TO FUND COOP21 ERATIVE AGREEMENTS UNDER ENVIRON22 MENTAL RESTORATION PROGRAM. 

23 Section 2701 of title 10, United States Code, is 

24 amended by adding at the end the following new sentence: 

25 ‘‘This two-year limitation does not apply to agreements 


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1 funded through the Department of Defense Base Closure 

2 Account 1990 or the Department of Defense Base Closure 

3 Account 2005 established by sections 2906 and 2906A, 

4 respectively, of the Defense Base Closure and Realignment 

5 Act of 1990 (part A of title XXIX of Public Law 101– 

6 510; 10 U.S.C. 2687 note).’’. 

7 SEC. 335. REIMBURSEMENT OF ENVIRONMENTAL PROTEC8 TION AGENCY FOR CERTAIN COSTS IN CON9 NECTION WITH MOSES LAKE WELLFIELD 

10 SUPERFUND SITE, MOSES LAKE, WASH11 INGTON. 

12 (a) AUTHORITY TO REIMBURSE.—(1) Using funds 

13 described in subsection (b), the Secretary of Defense may 

14 transfer not more than $111,114.03 to the Moses Lake 

15 Wellfield Superfund Site 10–6J Special Account. 

16 (2) The payment under paragraph (1) is to reimburse 

17 the Environmental Protection Agency for its costs in18 curred in overseeing a remedial investigation/feasibility 

19 study performed by the Department of the Army under 

20 the Defense Environmental Restoration Program at the 

21 former Larson Air Force Base, Moses Lake Superfund 

22 Site, Moses Lake, Washington. 

23 (3) The reimbursement described in paragraph (2) is 

24 provided for in the interagency agreement entered into by 

25 the Department of the Army and the Environmental ProVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 tection Agency for the Moses Lake Wellfield Superfund 

2 Site in March 1999. 

3 (b) SOURCE OF FUNDS.—Any payment under sub4 section (a) shall be made using funds authorized to be ap5 propriated by section 301(17) for operation and mainte6 nance for Environmental Restoration, Formerly Used De7 fense Sites. 

8 (c) USE OF FUNDS.—The Environmental Protection 

9 Agency shall use the amount transferred under subsection 

10 (a) to pay costs incurred by the Agency at the Moses Lake 

11 Wellfield Superfund Site. 

12 Subtitle D—Reports 

13 SEC. 351. COMPTROLLER GENERAL REPORT ON READINESS 

14 OF THE GROUND FORCES OF THE ARMY AND 

15 THE MARINE CORPS. 

16 (a) REPORT REQUIRED.— 

17 (1) IN GENERAL.—Not later than March 1, 

18 2007, the Comptroller General of the United States 

19 shall submit to the congressional defense committees 

20 a report on the readiness of the active component 

21 and reserve component ground forces of the Army 

22 and the Marine Corps. 

23 (2) ONE OR MORE REPORTS.—In complying 

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1 ing all the elements specified in subsection (b) or 

2 two or more reports addressing any combination of 

3 such elements. If the Comptroller General submits 

4 more than one report under this section, all such re5 ports shall be submitted not later than the date 

6 specified in paragraph (1). 

7 (b) ELEMENTS.—The elements specified in this sub8 section include the following: 

9 (1) An analysis of the current readiness status 

10 of each of the active component and reserve compo11 nent ground forces of the Army and the Marine 

12 Corps, including a description of any major defi13 ciency identified, an analysis of the trends in readi14 ness of such forces during not less than the ten 

15 years preceding the report, and a comparison of the 

16 current readiness indicators of such ground forces 

17 with historical patterns. 

18 (2) An assessment of the ability of the Army 

19 and the Marine Corps to provide trained and ready 

20 forces for ongoing operations as well as other com21 mitments assigned to the Army and the Marine 

22 Corps in defense planning documents. 

23 (3) An analysis of the availability of equipment 

24 for training by units of the Army and the Marine 

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1 parable to the equipment being used by units of the 

2 Army and the Marine Corps, as applicable, in ongo3 ing operations. 

4 (4) An analysis of the current and projected re5 quirement for repair or replacement of equipment of 

6 the Army and the Marine Corps due to ongoing op7 erations, and the impact of such required repair or 

8 replacement of equipment on the availability of 

9 equipment for training. 

10 (5) An assessment of the current personnel 

11 tempo of Army and Marine Corps forces, includ12 ing— 

13 (A) a comparison of such tempos to histor14 ical trends; 

15 (B) an identification of particular occupa16 tional specialties that are experiencing unusu17 ally high or low deployment rates; and 

18 (C) an analysis of retention rates in the oc19 cupational specialties identified under subpara20 graph (B). 

21 (6) An assessment of the efforts of the Army 

22 and the Marine Corps to mitigate the impact of high 

23 operational tempos, including cross-leveling of per24 sonnel and equipment or cross training of personnel 

25 or units for new or additional mission requirements. 


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1 (7) A description of the current policy of the 

2 Army and the Marine Corps with respect to the mo3 bilization of reserve component personnel, together 

4 with an analysis of the number of reserve component 

5 personnel in each of the Army and the Marine Corps 

6 that are projected to be available for deployment 

7 under such policy. 

8 (c) FORM OF REPORT.—Any report submitted under 

9 subsection (a) shall be submitted in both classified and 

10 unclassified form. 

11 Subtitle E—Workplace and Depot 

12 Issues 

13 SEC. 361. MINIMUM CAPITAL INVESTMENT LEVELS FOR 

14 PUBLIC DEPOTS SERVICED BY WORKING 

15 CAPITAL FUNDS. 

16 (a) MINIMUM INVESTMENT LEVELS.—Section 2208 

17 of title 10, United States Code, is amended by adding at 

18 the end the following new subsection: 

19 ‘‘(s) MINIMUM CAPITAL INVESTMENT FOR PUBLIC

20 DEPOTS SERVICED BY WORKING CAPITAL FUNDS.—(1) 

21 Each public depot that is serviced by a working capital 

22 fund shall invest in its capital budget each fiscal year an 

23 amount equal to not less than six percent of the actual 

24 total revenue of the public depot for the previous fiscal 

25 year. 


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1 ‘‘(2) The Secretary of Defense may waive the require2 ment in paragraph (1) with respect to a particular public 

3 depot for a fiscal year if the Secretary determines that 

4 the waiver is necessary for reasons of national security and 

5 notifies the congressional defense committees of the rea6 sons for the waiver. 

7 ‘‘(3)(A) Each year, not later than 45 days after the 

8 President submits to Congress the budget for a fiscal year 

9 under section 1105 of title 31, the Secretary shall submit 

10 to the congressional defense committees budget justifica11 tion documents summarizing the level of capital invest12 ment at each public depot serviced by working capital 

13 funds as of the end of the previous fiscal year. 

14 ‘‘(B) Each report under this paragraph shall include 

15 the following: 

16 ‘‘(i) A specification of the statutory, regulatory, 

17 or operational impediments, if any, to achieving the 

18 requirement in paragraph (1) with respect to each 

19 public depot described in that paragraph. 

20 ‘‘(ii) A description of the benchmarks estab21 lished by each public depot and working capital fund 

22 for capital investment and the relationship of the 

23 benchmarks to applicable performance measurement 

24 methods used in the private sector. 


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1 ‘‘(iii) If the requirement set out in paragraph 

2 (1) is not met for any public depot in the previous 

3 fiscal year, a statement of the reasons why and a 

4 plan of actions to meet the requirement for such 

5 public depot in the fiscal year beginning in the year 

6 in which such report is submitted. 

7 ‘‘(4) In this subsection, the terms ‘total revenue’ and 

8 ‘capital budget’ have the meaning given such terms in De9 partment of Defense Financial Management Regulation 

10 7000.14–R of June 2004.’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 this section shall take effect on the date of the enactment 

13 of this Act, and shall apply with respect to fiscal years 

14 beginning on or after that date. 

15 SEC. 362. PERMANENT EXCLUSION OF CERTAIN CONTRACT 

16 EXPENDITURES FROM PERCENTAGE LIMITA17 TION ON THE PERFORMANCE OF DEPOT18 LEVEL MAINTENANCE. 

19 Section 2474(f)(1) of title 10, United States Code, 

20 is amended by striking ‘‘entered into during fiscal years 

21 2003 through 2009’’. 


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1 SEC. 363. ADDITIONAL EXCEPTION TO PROHIBITION ON 

2 CONTRACTOR PERFORMANCE OF FIRE3 FIGHTING FUNCTIONS. 

4 Section 2465(b) of title 10, United States Code, is 

5 amended by adding at the end the following new para6 graph: 

7 ‘‘(5) A contract for the performance of fire8 fighting functions to— 

9 ‘‘(A) fight wildland fires such as range or 

10 forest fires; and 

11 ‘‘(B) perform wildland fire management, 

12 including the conduct of hazardous fuels treat13 ments to reduce wildland fire risks (including 

14 prescribed fire and mechanical treatments).’’. 

15 SEC. 364. TEMPORARY SECURITY GUARD SERVICES FOR 

16 CERTAIN WORK CAUSED BY REALIGNMENT 

17 OF MILITARY INSTALLATIONS UNDER THE 

18 BASE CLOSURE LAWS. 

19 (a) AUTHORITY FOR TEMPORARY SERVICES.—Not20 withstanding section 2465 of title 10, United States Code, 

21 the Secretary of the military department concerned may, 

22 for a period not to exceed one year at any single military 

23 installation, contract for security guard services at mili24 tary installations approved for realignment under a base 

25 closure law when such services are required for the safe 

26 and secure relocation of either of the following: 


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1 (1) Military munitions and munitions-related 

2 equipment. 

3 (2) High-value items in temporary storage 

4 areas. 

5 (b) DEFINITIONS.—In this section: 

6 (1) The term ‘‘base closure law’’ has the mean7 ing given such term in section 101(a)(17) of title 10, 

8 United States Code. 

9 (2) The term ‘‘military munitions’’ has the 

10 meaning given such term in section 101(e)(4) of title 

11 10, United States Code. 

12 (c) EXPIRATION.—The authority to enter into a con13 tract under subsection (a) shall expire on September 15, 

14 2011. 

15 Subtitle F—Other Matters 

16 SEC. 371. RECYCLING OF MILITARY MUNITIONS. 

17 (a) IN GENERAL.—Chapter 443 of title 10, United 

18 States Code, is amended by adding at the end the fol19 lowing new section: 

20 ‘‘§ 4690. Sale of recyclable munitions materials 

21 ‘‘(a) AUTHORITY FOR PROGRAM.—(1) The Secretary 

22 of the Army may carry out a program to— 

23 ‘‘(A) sell recyclable munitions materials result24 ing from the demilitarization of conventional mili25 tary munitions; and 


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1 ‘‘(B) use the proceeds of sale for reclamation, 

2 recycling, and reuse of conventional military muni3 tions. 

4 ‘‘(2) The program authorized by this section may be 

5 known as the ‘Military Munitions Recycling Program’. 

6 ‘‘(b) GEOGRAPHIC LIMITATION.—The program au7 thorized by subsection (a) may only be carried out in the 

8 United States and its possessions. 

9 ‘‘(c) METHOD OF SALE.—(1) Except as provided in 

10 paragraph (2), the Secretary shall use competitive proce11 dures to sell recyclable munitions materials under the pro12 gram authorized by this section. 

13 ‘‘(2) The Secretary may use procedures other than 

14 competitive procedures to sell recyclable munitions mate15 rials under the program authorized by this section in any 

16 case in which the Secretary determines there is only one 

17 potential buyer of the items being offered for sale. 

18 ‘‘(3) The provisions of title 40 concerning disposal 

19 of property are not applicable to sales of materials under 

20 the program authorized by this section. 

21 ‘‘(d) USE OF PROCEEDS.—(1) Proceeds from the sale 

22 of recyclable munitions materials under the program au23 thorized by this section shall be credited to the Ammuni24 tion Demilitarization Account within the Procurement of 

25 Ammunition, Army, Account. 


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1 ‘‘(2) Amounts credited to the Ammunition Demili2 tarization Account under paragraph (1) shall be available 

3 solely for purposes of reclamation, recycling, and reuse of 

4 conventional military munitions, including for research 

5 and development for such purposes and for the procure6 ment of equipment for such purposes. 

7 ‘‘(3) Funds credited to the Ammunition Demilitariza8 tion Account under paragraph (1) in a fiscal year shall 

9 be available for obligation under paragraph (2) during the 

10 fiscal year in which the funds are so credited and for three 

11 fiscal years thereafter. 

12 ‘‘(4) Funds credited to the Ammunition Demilitariza13 tion Account under paragraph (1) that are not obligated 

14 under paragraph (2) within the period of availability 

15 under paragraph (3) shall, at the end of such period, be 

16 deposited into the Treasury as miscellaneous receipts. 

17 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

18 regulations on the operation of the program authorized by 

19 this section. The regulations shall be consistent with the 

20 Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) and 

21 any regulations prescribed thereunder.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections 

23 at the beginning of chapter 443 of such title is amended 

24 by adding at the end the following new item: 

‘‘4690. Sale of recyclable munitions materials.’’. 


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1 SEC. 372. INCENTIVES CLAUSES IN CHEMICAL DEMILI2 TARIZATION CONTRACTS. 

3 (a) IN GENERAL.— 

4 (1) AUTHORITY TO INCLUDE CLAUSES IN CON5 TRACTS.—The Secretary of Defense may, for the 

6 purpose specified in paragraph (2), authorize the in7 clusion of an incentives clause in any contract for 

8 the destruction of the United States stockpile of le9 thal chemical agents and munitions carried out pur10 suant to section 1412 of the Department of Defense 

11 Authorization Act, 1986 (50 U.S.C. 1521). 

12 (2) PURPOSE.—The purpose of a clause re13 ferred to in paragraph (1) is to provide the con14 tractor for a chemical demilitarization facility an in15 centive to accelerate the safe elimination of the 

16 United States chemical weapons stockpile and to re17 duce the total cost of the Chemical Demilitarization 

18 Program by providing incentive payments for the 

19 early completion of destruction operations and the 

20 closure of such facility. 

21 (b) INCENTIVES CLAUSES.— 

22 (1) IN GENERAL.—An incentives clause under 

23 this section shall permit the contractor for the chem24 ical demilitarization facility concerned the oppor25 tunity to earn incentive payments for the completion 

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1 ties within target incentive ranges specified in such 

2 clause. 

3 (2) LIMITATION ON INCENTIVE PAYMENTS.— 

4 The maximum incentive payment under an incen5 tives clause with respect to a chemical demilitariza6 tion facility may not exceed amounts as follows: 

7 (A) In the case of an incentive payment for 

8 the completion of destruction operations within 

9 the target incentive range specified in such 

10 clause, $110,000,000. 

11 (B) In the case of an incentive payment 

12 for the completion of facility closure activities 

13 within the target incentive range specified in 

14 such clause, $55,000,000. 

15 (3) TARGET RANGES.—An incentives clause in 

16 a contract under this section shall specify the target 

17 incentive ranges of costs for completion of destruc18 tion operations and facility closure activities, respec19 tively, as jointly agreed upon by the contracting offi20 cer and the contractor concerned. An incentives 

21 clause shall require a proportionate reduction in the 

22 maximum incentive payment amounts in the event 

23 that the contractor exceeds an agreed-upon target 

24 cost if such excess costs are the responsibility of the 

25 contractor. 


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1 (4) CALCULATION OF INCENTIVE PAYMENTS.— 

2 The amount of the incentive payment earned by a 

3 contractor for a chemical demilitarization facility 

4 under an incentives clause under this section shall 

5 be based upon a determination by the Secretary on 

6 how early in the target incentive range specified in 

7 such clause destruction operations or facility closure 

8 activities, as the case may be, are completed. 

9 (5) CONSISTENCY WITH EXISTING OBLIGA10 TIONS.—The provisions of any incentives clause 

11 under this section shall be consistent with the obli12 gation of the Secretary of Defense under section 

13 1412(c)(1)(A) of the Department of Defense Au14 thorization Act, 1986 to provide for maximum pro15 tection for the environment, the general public, and 

16 the personnel who are involved in the destruction of 

17 the lethal chemical agents and munitions. 

18 (6) ADDITIONAL TERMS AND CONDITIONS.—In 

19 negotiating the inclusion of an incentives clause in 

20 a contract under this section, the Secretary may in21 clude in such clause such additional terms and con22 ditions as the Secretary considers appropriate. 

23 (c) LIMITATION.—The authority to include an incen24 tives clause in a contract under this section is subject to 

25 the availability of appropriations for that purpose. 


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1 SEC. 373. EXTENSION OF DEPARTMENT OF DEFENSE TELE2 COMMUNICATIONS BENEFIT PROGRAM. 

3 (a) TERMINATION AT END OF CONTINGENCY OPER4 ATION.—Subsection (c) of section 344 of the National De5 fense Authorization Act for Fiscal Year 2004 (Public Law 

6 108–136; 117 Stat. 1449), as amended by section 341 of 

7 the Ronald W. Reagan National Defense Authorization 

8 Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

9 1857), is further amended by striking ‘‘terminate on Sep10 tember 30, 2006’’ and inserting ‘‘terminate with respect 

11 to a contingency operation on the date that is 60 days 

12 after the date on which the Secretary determines that the 

13 contingency operation has ended’’. 

14 (b) APPLICATION TO OTHER CONTINGENCY OPER15 ATIONS.—Such section is further amended— 

16 (1) in subsection (a), by striking ‘‘Operation 

17 Iraqi Freedom and Operation Enduring Freedom’’ 

18 and inserting ‘‘a contingency operation’’; and 

19 (2) by adding at the end the following new sub20 section: 

21 ‘‘(g) CONTINGENCY OPERATION DEFINED.—In this 

22 section, the term ‘contingency operation’ has the meaning 

23 given that term in section 101(a)(13) of title 10, United 

24 States Code. The term includes Operation Iraqi Freedom 

25 and Operation Enduring Freedom.’’. 


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1 (c) EXTENSION TO HOSPITALIZED MEMBERS.—Sub2 section (a) of such section is further amended— 

3 (1) by striking ‘‘As soon as possible after the 

4 date of the enactment of this Act, the’’ and inserting 

5 ‘‘The’’; and 

6 (2) by adding at the end the following new sen7 tence: ‘‘As soon as possible after the date of the en8 actment of the National Defense Authorization Act 

9 for Fiscal Year 2007, the Secretary shall extend 

10 such telecommunications benefit to members of the 

11 Armed Forces who, although no longer covered by 

12 the preceding sentence, are hospitalized as a result 

13 of wounds or other injuries incurred while serving in 

14 direct support of a contingency operation.’’. 

15 (d) REPORT ON IMPLEMENTATION OF MODIFIED

16 BENEFITS.—Not later than 90 days after the date of the 

17 enactment of this Act, the Secretary of Defense shall sub18 mit to the congressional defense committees a report de19 scribing the status of the efforts of the Department of De20 fense to implement the modifications of the Department 

21 of Defense telecommunications benefit required by section 

22 344 of the National Defense Authorization Act for Fiscal 

23 Year 2004 that result from the amendments made by this 

24 section. 


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1 SEC. 374. EXTENSION OF AVAILABILITY OF FUNDS FOR 

2 COMMEMORATION OF SUCCESS OF THE 

3 ARMED FORCES IN OPERATION ENDURING 

4 FREEDOM AND OPERATION IRAQI FREEDOM. 

5 Section 378(b)(2) of the National Defense Authoriza6 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 

7 Stat. 3214) is amended by striking ‘‘fiscal year 2006’’ and 

8 inserting ‘‘fiscal years 2006 and 2007’’. 

9 TITLE IV—MILITARY 

10 PERSONNEL AUTHORIZATIONS 

11 Subtitle A—Active Forces 

12 SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

13 The Armed Forces are authorized strengths for active 

14 duty personnel as of September 30, 2007, as follows: 

15 (1) The Army, 512,400. 

16 (2) The Navy, 340,700. 

17 (3) The Marine Corps, 180,000. 

18 (4) The Air Force, 334,200. 

19 SEC. 402. REPEAL OF REQUIREMENT FOR PERMANENT END 

20 STRENGTH LEVELS TO SUPPORT TWO MAJOR 

21 REGIONAL CONTINGENCIES. 

22 (a) REPEAL.—Section 691 of title 10, United States 

23 Code, is repealed. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of chapter 39 of such title is amended 

26 by striking the item relating to section 691. 


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1 Subtitle B—Reserve Forces 

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

3 (a) IN GENERAL.—The Armed Forces are authorized 

4 strengths for Selected Reserve personnel of the reserve 

5 components as of September 30, 2007, as follows: 

6 (1) The Army National Guard of the United 

7 States, 350,000. 

8 (2) The Army Reserve, 200,000. 

9 (3) The Navy Reserve, 71,300. 

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

11 (5) The Air National Guard of the United 

12 States, 107,000. 

13 (6) The Air Force Reserve, 74,900. 

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

15 (b) ADJUSTMENTS.—The end strengths prescribed by 

16 subsection (a) for the Selected Reserve of any reserve com17 ponent shall be proportionately reduced by— 

18 (1) the total authorized strength of units orga19 nized to serve as units of the Selected Reserve of 

20 such component which are on active duty (other 

21 than for training) at the end of the fiscal year; and 

22 (2) the total number of individual members not 

23 in units organized to serve as units of the Selected 

24 Reserve of such component who are on active duty 

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1 pation in training) without their consent at the end 

2 of the fiscal year. 

3 Whenever such units or such individual members are re4 leased from active duty during any fiscal year, the end 

5 strength prescribed for such fiscal year for the Selected 

6 Reserve of such reserve component shall be increased pro7 portionately by the total authorized strengths of such 

8 units and by the total number of such individual members. 

9 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 

10 DUTY IN SUPPORT OF THE RESERVES. 

11 Within the end strengths prescribed in section 

12 411(a), the reserve components of the Armed Forces are 

13 authorized, as of September 30, 2007, the following num14 ber of Reserves to be serving on full-time active duty or 

15 full-time duty, in the case of members of the National 

16 Guard, for the purpose of organizing, administering, re17 cruiting, instructing, or training the reserve components: 

18 (1) The Army National Guard of the United 

19 States, 27,441. 

20 (2) The Army Reserve, 15,416. 

21 (3) The Navy Reserve, 12,564. 

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

23 (5) The Air National Guard of the United 

24 States, 13,206. 

25 (6) The Air Force Reserve, 2,707. 


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1 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 

2 (DUAL STATUS). 

3 The minimum number of military technicians (dual 

4 status) as of the last day of fiscal year 2007 for the re5 serve components of the Army and the Air Force (notwith6 standing section 129 of title 10, United States Code) shall 

7 be the following: 

8 (1) For the Army Reserve, 7,912. 

9 (2) For the Army National Guard of the United 

10 States, 26,050. 

11 (3) For the Air Force Reserve, 10,124. 

12 (4) For the Air National Guard of the United 

13 States, 23,255. 

14 SEC. 414. FISCAL YEAR 2007 LIMITATION ON NUMBER OF 

15 NON-DUAL STATUS TECHNICIANS. 

16 (a) LIMITATIONS.— 

17 (1) NATIONAL GUARD.—Within the limitation 

18 provided in section 10217(c)(2) of title 10, United 

19 States Code, the number of non-dual status techni20 cians employed by the National Guard as of Sep21 tember 30, 2007, may not exceed the following: 

22 (A) For the Army National Guard of the 

23 United States, 1,600. 

24 (B) For the Air National Guard of the 

25 United States, 350. 


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1 (2) ARMY RESERVE.—The number of non-dual 

2 status technicians employed by the Army Reserve as 

3 of September 30, 2007, may not exceed 595. 

4 (3) AIR FORCE RESERVE.—The number of non5 dual status technicians employed by the Air Force 

6 Reserve as of September 30, 2007, may not exceed 

7 90. 

8 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 

9 this section, the term ‘‘non-dual status technician’’ has the 

10 meaning given that term in section 10217(a) of title 10, 

11 United States Code. 

12 SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU13 THORIZED TO BE ON ACTIVE DUTY FOR 

14 OPERATIONAL SUPPORT. 

15 During fiscal year 2007, the maximum number of 

16 members of the reserve components of the Armed Forces 

17 who may be serving at any time on full-time operational 

18 support duty under section 115(b) of title 10, United 

19 States Code, is the following: 

20 (1) The Army National Guard of the United 

21 States, 17,000. 

22 (2) The Army Reserve, 13,000. 

23 (3) The Navy Reserve, 6,200. 

24 (4) The Marine Corps Reserve, 3,000. 


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1 (5) The Air National Guard of the United 

2 States, 16,000. 

3 (6) The Air Force Reserve, 14,000. 

4 Subtitle C—Authorization of 

5 Appropriations 

6 SEC. 421. MILITARY PERSONNEL. 

7 There is hereby authorized to be appropriated to the 

8 Department of Defense for military personnel for fiscal 

9 year 2007 a total of $112,043,468,000. The authorization 

10 in the preceding sentence supersedes any other authoriza11 tion of appropriations (definite or indefinite) for such pur12 pose for fiscal year 2007. 

13 SEC. 422. ARMED FORCES RETIREMENT HOME. 

14 There is hereby authorized to be appropriated for fis15 cal year 2007 from the Armed Forces Retirement Home 

16 Trust Fund the sum of $54,846,000 for the operation of 

17 the Armed Forces Retirement Home. 


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1 TITLE V—MILITARY PERSONNEL 

2 POLICY 

3 Subtitle A—Officer Personnel 

4 Policy 

5 Part I—Officer Personnel Policy Generally 

6 SEC. 501. MILITARY STATUS OF OFFICERS SERVING IN CER7 TAIN INTELLIGENCE COMMUNITY POSITIONS. 

8 Section 528 of title 10, United States Code, is 

9 amended by adding at the end the following new sub10 sections: 

11 ‘‘(e) MILITARY STATUS.—An officer of the armed 

12 forces, while serving in a position covered by this section— 

13 ‘‘(1) shall not be subject to supervision or con14 trol by the Secretary of Defense or by any officer or 

15 employee of the Department of Defense, except as 

16 directed by the Secretary or the Secretary’s designee 

17 concerning reassignment from such position; and 

18 ‘‘(2) shall not exercise, by reason of the officer’s 

19 status as an officer, any supervision or control with 

20 respect to any of the military or civilian personnel 

21 of the Department of Defense except as otherwise 

22 authorized by law. 

23 ‘‘(f) EFFECT OF APPOINTMENT.—Except as provided 

24 in subsection (e), the appointment of an officer of the 

25 armed forces to a position covered by this section shall 


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1 not affect the status, position, rank, or grade of such offi2 cer in the armed forces, or any emolument, perquisite, 

3 right, privilege, or benefit incident to or arising out of such 

4 status, position, rank, or grade. 

5 ‘‘(g) MILITARY PAY AND ALLOWANCES.—(1) An offi6 cer of the armed forces on active duty who is appointed 

7 to a position covered by this section shall, while serving 

8 in such position and while remaining on active duty, con9 tinue to receive military pay and allowances, and shall not 

10 receive the pay prescribed for such position. 

11 ‘‘(2) Funds from which pay and allowances under 

12 paragraph (1) are paid shall be reimbursed from the fol13 lowing: 

14 ‘‘(A) Funds available to the Director of the 

15 Central Intelligence Agency, for positions within the 

16 Central Intelligence Agency. 

17 ‘‘(B) Funds available to the Director of Na18 tional Intelligence, for positions within the Office of 

19 the Director of National Intelligence.’’. 


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1 SEC. 502. EXTENSION OF TEMPORARY REDUCTION OF 

2 TIME-IN-GRADE REQUIREMENT FOR ELIGI3 BILITY FOR PROMOTION FOR CERTAIN AC4 TIVE-DUTY LIST OFFICERS IN GRADES OF 

5 FIRST LIEUTENANT AND LIEUTENANT (JUN6 IOR GRADE). 

7 Section 619(a)(1)(B) of title 10, United States Code, 

8 is amended by striking ‘‘October 1, 2005’’ and inserting 

9 ‘‘October 1, 2008’’. 

10 SEC. 503. EXTENSION OF AGE LIMITS FOR ACTIVE-DUTY 

11 GENERAL AND FLAG OFFICERS. 

12 (a) RESTATEMENT AND MODIFICATION OF CURRENT

13 AGE LIMITS.—Section 1251 of title 10, United States 

14 Code, is amended to read as follows: 

15 ‘‘§ 1251. Regular commissioned officers; exceptions 

16 ‘‘(a) AGE LIMITS FOR GENERAL AND FLAG OFFI17 CERS.—(1) Unless retired or separated earlier, each reg18 ular commissioned officer of the Army, Air Force, or Ma19 rine Corps serving in a grade at or above brigadier gen20 eral, or rear admiral (lower half) in the case of an officer 

21 in the Navy, shall be retired on the first day of the month 

22 following the month in which the officer becomes 64 years 

23 of age. 

24 ‘‘(2) Notwithstanding paragraph (1), the Secretary of 

25 Defense may defer the retirement of an officer serving in 

26 a position that carries a grade above major general or rear 


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1 admiral, but such a deferment may not extend beyond the 

2 first day of the month following the month in which the 

3 officer becomes 66 years of age. 

4 ‘‘(3) Notwithstanding paragraphs (1) and (2), the 

5 President may defer the retirement of an officer serving 

6 in a position that carries a grade above major general or 

7 rear admiral, but such a deferment may not extend beyond 

8 the first day of the month following the month in which 

9 the officer becomes 68 years of age. 

10 ‘‘(b) AGE LIMITS FOR OTHER OFFICERS.—Unless re11 tired or separated earlier, each regular commissioned offi12 cer of the Army, Air Force, or Marine Corps other than 

13 an officer covered by section 1252 of this title or a com14 missioned warrant officer) serving in a grade below briga15 dier general, or rear admiral (lower half) in the case of 

16 an officer in the Navy, shall be retired on the first day 

17 of the month following the month in which the officer be18 comes 62 years of age. 

19 ‘‘(c) DEFERRED RETIREMENT OF HEALTH PROFES20 SIONS OFFICERS.—(1) The Secretary of the military de21 partment concerned may, subject to subsection (e), defer 

22 the retirement under subsection (b) of a health professions 

23 officer if during the period of the deferment the officer 

24 will be performing duties consisting primarily of providing 

25 patient care or performing other clinical duties. 


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1 ‘‘(2) For purposes of this subsection, a health profes2 sions officer is— 

3 ‘‘(A) a medical officer; 

4 ‘‘(B) a dental officer; or 

5 ‘‘(C) an officer in the Army Nurse Corps, an 

6 officer in the Navy Nurse Corps, or an officer in the 

7 Air Force designated as a nurse. 

8 ‘‘(d) DEFERRED RETIREMENT OF CHAPLAINS.—The 

9 Secretary of the military department concerned may, sub10 ject to subsection (e), defer the retirement under sub11 section (b) of an officer who is appointed or designated 

12 as a chaplain if the Secretary determines that such defer13 ral is in the best interest of the military department con14 cerned. 

15 ‘‘(e) LIMITATION ON DEFERRAL OF RETIRE16 MENTS.—(1) Except as provided in paragraph (2), a 

17 deferment under subsection (c) or (d) may not extend be18 yond the first day of the month following the month in 

19 which the officer becomes 68 years of age. 

20 ‘‘(2) The Secretary of the military department con21 cerned may extend a deferment under subsection (c) or 

22 (d) beyond the day referred to in paragraph (1) if the Sec23 retary determines that extension of the deferment is nec24 essary for the needs of the military department concerned. 

25 Such an extension shall be made on a case-by-case basis 


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1 and shall be for such period as the Secretary considers 

2 appropriate.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of chapter 63 of such title is amended 

5 by striking the item relating to section 1251 and inserting 

6 the following new item: 

‘‘1251. Regular commissioned officers; exceptions.’’. 

7 SEC. 504. MODIFICATION OF AUTHORITIES ON SENIOR 

8 MEMBERS OF THE JUDGE ADVOCATE GEN9 ERAL’S CORPS. 

10 (a) DEPARTMENT OF THE ARMY.— 

11 (1) GRADE OF JUDGE ADVOCATE GENERAL.— 

12 Subsection (a) of section 3037 of title 10, United 

13 States Code, is amended by striking the third sen14 tence and inserting the following new sentence: ‘‘The 

15 Judge Advocate General, while so serving, has the 

16 grade of lieutenant general.’’. 

17 (2) REDESIGNATION OF ASSISTANT JUDGE AD18 VOCATE GENERAL AS DEPUTY JUDGE ADVOCATE

19 GENERAL.—Such section is further amended— 

20 (A) in subsection (a), by striking ‘‘Assist21 ant Judge Advocate General’’ each place it ap22 pears and inserting ‘‘Deputy Judge Advocate 

23 General’’; and 


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1 (B) in subsection (d), by striking ‘‘Assist2 ant Judge Advocate General’’ and inserting 

3 ‘‘Deputy Judge Advocate General’’. 

4 (3) CONFORMING AND CLERICAL AMEND5 MENTS.—(A) The heading of such section is amend6 ed by striking ‘‘Assistant Judge Advocate 

7 General’’ and inserting ‘‘Deputy Judge Advo8 cate General’’. 

9 (B) The table of sections at the beginning of 

10 chapter 305 of such title is amended in the item re11 lating to section 3037 by striking ‘‘Assistant Judge 

12 Advocate General’’ and inserting ‘‘Deputy Judge Ad13 vocate General’’. 

14 (b) GRADE OF JUDGE ADVOCATE GENERAL OF THE

15 NAVY.—Section 5148(b) of such title is amended in sub16 section by striking the last sentence and inserting the fol17 lowing new sentence: ‘‘The Judge Advocate General, while 

18 so serving, has the grade of vice admiral or lieutenant gen19 eral, as appropriate.’’. 

20 (c) GRADE OF JUDGE ADVOCATE GENERAL OF THE

21 AIR FORCE.—Section 8037(a) of such title is amended by 

22 striking the last sentence and inserting the following new 

23 sentence: ‘‘The Judge Advocate General, while so serving, 

24 has the grade of lieutenant general.’’. 


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1 (d) EXCLUSION FROM ACTIVE-DUTY GENERAL AND

2 FLAG OFFICER STRENGTH AND DISTRIBUTION LIMITA3 TIONS.—Section 525(b) of such title is amended by adding 

4 at the end the following new paragraph: 

5 ‘‘(9) An officer while serving as the Judge Advocate 

6 General of the Army, the Judge Advocate General of the 

7 Navy, or the Judge Advocate General of the Air Force 

8 is in addition to the number that would otherwise be per9 mitted for that officer’s armed force for officers serving 

10 on active duty in grades above major general or rear admi11 ral under paragraph (1) or (2), as applicable.’’. 

12 SEC. 505. REQUIREMENT FOR SIGNIFICANT JOINT EXPERI13 ENCE FOR OFFICERS APPOINTED AS SUR14 GEON GENERAL OF THE ARMY, NAVY, AND 

15 AIR FORCE. 

16 (a) RESTATEMENT AND STANDARDIZATION OF AU17 THORITIES ON SURGEON GENERAL OF THE ARMY.— 

18 (1) IN GENERAL.—Chapter 305 of title 10, 

19 United States Code, is amended by inserting after 

20 section 3036 the following new section: 

21 ‘‘§ 3036a. Surgeon General: appointment; grade 

22 ‘‘(a) SURGEON GENERAL.—There is a Surgeon Gen23 eral of the Army who is appointed by the President, by 

24 and with the advice and consent of the Senate, from offi25 cers in any corps of the Army Medical Department. 


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1 ‘‘(b) GRADE.—The Surgeon General, while so serv2 ing, has the grade of lieutenant general. 

3 ‘‘(c) TERM OF OFFICE.—An officer appointed as Sur4 geon General normally holds office for four years. 

5 ‘‘(d) JOINT EXPERIENCE REQUIRED FOR APPOINT6 MENT.—(1) The Secretary of Defense may not rec7 ommend an officer to the President for appointment as 

8 Surgeon General unless the officer is determined by the 

9 Chairman of the Joint Chiefs of Staff, in accordance with 

10 criteria and as a result of a process established by the 

11 Chairman, to have significant joint experience. 

12 ‘‘(2) Until October 1, 2010, the Secretary of Defense 

13 may waive the limitation in paragraph (1) with respect 

14 to the recommendation of an officer as Surgeon General 

15 if— 

16 ‘‘(A) the Secretary of the Army requests the 

17 waiver; and 

18 ‘‘(B) in the judgment of the Secretary of De19 fense— 

20 ‘‘(i) the officer is qualified for service as 

21 Surgeon General; and 

22 ‘‘(ii) the waiver is necessary for the good 

23 of the Army. 

24 ‘‘(3) Any waiver under paragraph (2) shall be made 

25 on a case-by-case basis.’’. 


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1 (2) CONFORMING AMENDMENT.—Section 

2 3036(b) of such title is amended in the flush matter 

3 following paragraph (2) by striking the second sen4 tence. 

5 (3) CLERICAL AMENDMENT.—The table of sec6 tions at the beginning of chapter 305 of such title 

7 is amended by inserting after the item relating to 

8 section 3036 the following new item: 

‘‘3036a. Surgeon General: appointment; grade.’’. 

9 (b) SURGEON GENERAL OF THE NAVY.— 

10 (1) IN GENERAL.—Section 5137 of such title is 

11 amended— 

12 (A) by redesignating subsection (b) as sub13 section (c); and 

14 (B) by inserting after subsection (a) the 

15 following new subsection (b): 

16 ‘‘(b) JOINT EXPERIENCE REQUIRED FOR APPOINT17 MENT AS CHIEF.—(1) The Secretary of Defense may not 

18 recommend an officer to the President for appointment 

19 as Surgeon General unless the officer is determined by the 

20 Chairman of the Joint Chiefs of Staff, in accordance with 

21 criteria and as a result of a process established by the 

22 Chairman, to have significant joint experience. 

23 ‘‘(2) Until October 1, 2010, the Secretary of Defense 

24 may waive the limitation in paragraph (1) with respect 


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1 to the recommendation of an officer as Surgeon General 

2 if— 

3 ‘‘(A) the Secretary of the Navy requests the 

4 waiver; and 

5 ‘‘(B) in the judgment of the Secretary of De6 fense— 

7 ‘‘(i) the officer is qualified for service as 

8 Surgeon General; and 

9 ‘‘(ii) the waiver is necessary for the good 

10 of the Navy. 

11 ‘‘(3) Any waiver under paragraph (2) shall be made 

12 on a case-by-case basis.’’. 

13 (2) TECHNICAL AMENDMENTS.—Such section is 

14 further amended— 

15 (A) in subsection (a), by inserting 

16 ‘‘CHIEF.—’’ after ‘‘(a)’’; and 

17 (B) in subsection (c), as redesignated by 

18 paragraph (1)(A) of this subsection, by insert19 ing ‘‘DEPUTY CHIEF.—’’ after ‘‘(c)’’. 

20 (c) SURGEON GENERAL OF THE AIR FORCE.—The 

21 text of section 8036 of such title is amended to read as 

22 follows: 

23 ‘‘(a) SURGEON GENERAL.—There is a Surgeon Gen24 eral of the Air Force who is appointed by the President, 

25 by and with the advice and consent of the Senate, from 


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1 officers of the Air Force who are in the Air Force medical 

2 department. 

3 ‘‘(b) GRADE.—The Surgeon General, while so serv4 ing, has the grade of lieutenant general. 

5 ‘‘(c) JOINT EXPERIENCE REQUIRED FOR APPOINT6 MENT.—(1) The Secretary of Defense may not rec7 ommend an officer to the President for appointment as 

8 Surgeon General unless the officer is determined by the 

9 Chairman of the Joint Chiefs of Staff, in accordance with 

10 criteria and as a result of a process established by the 

11 Chairman, to have significant joint experience. 

12 ‘‘(2) Until October 1, 2010, the Secretary of Defense 

13 may waive the limitation in paragraph (1) with respect 

14 to the recommendation of an officer as Surgeon General 

15 if— 

16 ‘‘(A) the Secretary of the Air Force requests 

17 the waiver; and 

18 ‘‘(B) in the judgment of the Secretary of De19 fense— 

20 ‘‘(i) the officer is qualified for service as 

21 Surgeon General; and 

22 ‘‘(ii) the waiver is necessary for the good 

23 of the Air Force. 

24 ‘‘(3) Any waiver under paragraph (2) shall be made 

25 on a case-by-case basis.’’. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on October 1, 2008, and shall 

3 apply with respect to appointments to the position of Sur4 geon General of the Army, Surgeon General of the Navy, 

5 and Surgeon General of the Air Force that are made on 

6 or after that date. 

7 SEC. 506. GRADE AND EXCLUSION FROM ACTIVE-DUTY GEN8 ERAL AND FLAG OFFICER DISTRIBUTION 

9 AND STRENGTH LIMITATIONS OF OFFICER 

10 SERVING AS ATTENDING PHYSICIAN TO THE 

11 CONGRESS. 

12 (a) GRADE.— 

13 (1) REGULAR OFFICER.—(A) Chapter 41 of 

14 title 10, United States Code, is amended by adding 

15 at the end the following new section: 

16 ‘‘§ 722. Attending Physician to the Congress: grade 

17 ‘‘A general officer serving as Attending Physician to 

18 the Congress, while so serving, holds the grade of major 

19 general. A flag officer serving as Attending Physician to 

20 the Congress, while so serving, holds the grade of rear ad21 miral.’’. 

22 (B) The table of sections at the beginning of 

23 such chapter is amended by adding at the end the 

24 following new item: 

‘‘722. Attending Physician to the Congress: grade.’’. 


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1 (2) RESERVE OFFICER.—(A) Section 12210 of 

2 such title is amended by striking ‘‘who holds’’ and 

3 all that follows and inserting ‘‘holds the reserve 

4 grade of major general or rear admiral, as appro5 priate.’’. 

6 (B) The heading of such section is amended to 

7 read as follows: 

8 ‘‘§ 12210. Attending Physician to the Congress: re9 serve grade’’. 

10 (C) The table of sections at the beginning of 

11 chapter 1205 of such title is amended by striking 

12 the item relating to section 12210 and inserting the 

13 following new item: 

‘‘12210. Attending Physician to the Congress: reserve grade.’’. 

14 (b) DISTRIBUTION LIMITATIONS.—Section 525 of 

15 title 10, United States Code, is amended by adding at the 

16 end the following new subsection: 

17 ‘‘(f) An officer while serving as Attending Physician 

18 to the Congress is in addition to the number that would 

19 otherwise be permitted for that officer’s armed force for 

20 officers serving on active duty in grades above brigadier 

21 general or rear admiral (lower half) under subsection 

22 (a).’’. 

23 (c) ACTIVE-DUTY STRENGTH LIMITATIONS.—Section 

24 526 of such title is amended by adding at the end the 

25 following new subsection: 


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1 ‘‘(f) EXCLUSION OF ATTENDING PHYSICIAN TO THE

2 CONGRESS.—The limitations of this section do not apply 

3 to the general or flag officer who is serving as Attending 

4 Physician to the Congress.’’. 

5 SEC. 507. DISCRETIONARY SEPARATION AND RETIREMENT 

6 OF CHIEF WARRANT OFFICERS, W–4, TWICE 

7 FAILING SELECTION FOR PROMOTION. 

8 (a) IN GENERAL.—Section 580(a) of title 10, United 

9 Stated Code, is amended— 

10 (1) in paragraph (1), by inserting ‘‘, except as 

11 provided in paragraph (5),’’ after ‘‘shall’’; 

12 (2) by redesignating paragraphs (5) and (6) as 

13 paragraphs (6) and (7), respectively; and 

14 (3) by inserting after paragraph (4) the fol15 lowing new paragraph (5): 

16 ‘‘(5) In the case of a warrant officer described in 

17 paragraph (1) who is in the grade of chief warrant officer, 

18 W–4, the retirement or separation of such member under 

19 this subsection shall be subject to the discretion of the 

20 Secretary concerned.’’. 

21 (b) ELIGIBILITY FOR PROMOTION.—Paragraph (6) of 

22 such section, as redesignated by subsection (a)(2) of this 

23 section, is further amended— 


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1 (1) by striking ‘‘A warrant officer’’ and insert2 ing ‘‘(A) Except as provided in subparagraph (B), a 

3 warrant officer’’; and 

4 (2) by adding at the end the following new sub5 paragraph: 

6 ‘‘(B) A warrant officer who is retained on active duty 

7 pursuant to an exercise of the authority in paragraph (5) 

8 is eligible for further consideration for promotion while re9 maining on active duty.’’. 

10 SEC. 508. INCREASED MANDATORY RETIREMENT AGES FOR 

11 RESERVE OFFICERS. 

12 (a) MAJOR GENERALS AND REAR ADMIRALS.— 

13 (1) INCREASED AGE.—Section 14511 of title 

14 10, United States Code, is amended by striking ‘‘62 

15 years’’ and inserting ‘‘64 years’’. 

16 (2) CONFORMING AMENDMENT.—The heading 

17 of such section is amended to read as follows: 

18 ‘‘§ 14511. Separation at age 64: major generals and 

19 rear admirals’’. 

20 (b) BRIGADIER GENERALS AND REAR ADMIRALS

21 (LOWER HALF).— 

22 (1) INCREASED AGE.—Section 14510 of such 

23 title is amended by striking ‘‘60 years’’ and insert24 ing ‘‘62 years’’. 


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1 (2) CONFORMING AMENDMENT.—The heading 

2 of such section is amended to read as follows: 

3 ‘‘§ 14510. Separation at age 62: brigadier generals and 

4 rear admirals (lower half)’’. 

5 (c) OFFICERS BELOW BRIGADIER GENERAL OR

6 REAR ADMIRAL (LOWER HALF).— 

7 (1) INCREASED AGE.—Section 14509 of such 

8 title is amended by striking ‘‘60 years’’ and insert9 ing ‘‘62 years’’. 

10 (2) CONFORMING AMENDMENT.—The heading 

11 of such section is amended to read as follows: 

12 ‘‘§ 14509. Separation at age 62: reserve officers in 

13 grades below brigadier general or rear 

14 admiral (lower half)’’. 

15 (d) CERTAIN OTHER OFFICERS.— 

16 (1) INCREASED AGE.—Section 14512 of such 

17 title is amended by striking ‘‘64 years’’ both places 

18 it appears and inserting ‘‘66 years’’. 

19 (2) CONFORMING AMENDMENT.—The heading 

20 of such section is amended to read as follows: 

21 ‘‘§ 14512. Separation at age 66: officers holding cer22 tain offices’’. 

23 (e) CONFORMING AMENDMENTS.—Section 14508 of 

24 such title is amended— 


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1 (1) in subsection (c), by striking ‘‘60 years’’ 

2 and inserting ‘‘62 years’’; and 

3 (2) in subsection (d), by striking ‘‘62 years’’ 

4 and inserting ‘‘64 years’’. 

5 (f) CLERICAL AMENDMENT.—The table of sections at 

6 the beginning of chapter 1407 of such title is amended 

7 by striking the items relating to sections 14509, 14510, 

8 14511, and 14512 and inserting the following new items: 

‘‘14509. Separation at age 62: reserve officers in grades below brigadier general 

or rear admiral (lower half). 

‘‘14510. Separation at age 62: brigadier generals and rear admirals (lower half). 

‘‘14511. Separation at age 64: major generals and rear admirals. 

‘‘14512. Separation at age 66: officers holding certain offices.’’. 

9 Part II—Officer Promotion Policy 

10 SEC. 515. PROMOTIONS. 

11 (a) OFFICERS ON ACTIVE-DUTY LIST.— 

12 (1) CLARIFICATION OF APPROVAL OF SELEC13 TION BOARD REPORTS.—Subsection (a)(1) of section 

14 624 of title 10, United States Code, is amended by 

15 inserting ‘‘or a delegate of the President’’ after ‘‘the 

16 President’’. 

17 (2) DATE OF ESTABLISHMENT OF PROMOTION

18 LIST.—Such subsection is further amended by add19 ing at the end the following new sentence: ‘‘For pro20 motions that occur by and with the advice and con21 sent of the Senate, a promotion list shall be treated 

22 as being established for purposes of this chapter on 


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1 the date on which the list is received by the Senate 

2 for consideration.’’. 

3 (3) UNIFORM PROCEDURES FOR DELAYS OF AP4 POINTMENT UPON PROMOTION.—Subsection (d) of 

5 such section is amended— 

6 (A) in paragraph (1), by striking ‘‘pre7 scribed by the Secretary concerned’’ and insert8 ing ‘‘prescribed by the Secretary of Defense’’; 

9 and 

10 (B) in paragraph (2), by striking ‘‘pre11 scribed by the Secretary concerned’’ and insert12 ing ‘‘prescribed by the Secretary of Defense’’. 

13 (4) ADDITIONAL BASIS FOR DELAY OF AP14 POINTMENT.—Subsection (d)(1) of such section is 

15 further amended— 

16 (A) in subparagraph (C), by striking ‘‘or’’ 

17 at the end; 

18 (B) in subparagraph (D), by striking the 

19 period at the end and inserting ‘‘; or’’; 

20 (C) by inserting after subparagraph (D) 

21 the following new subparagraph (E): 

22 ‘‘(E) substantiated adverse information about 

23 the officer that is material to the decision to appoint 

24 the officer is under review by the Secretary of De25 fense or the Secretary concerned.’’; and 


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1 (D) in the flush matter following subpara2 graph (E), as inserted by subparagraph (C) of 

3 this paragraph— 

4 (i) by striking ‘‘or if the officer is ac5 quitted’’ and inserting ‘‘if the officer is ac6 quitted’’; and 

7 (ii) by inserting after ‘‘brought 

8 against him,’’ the following: ‘‘or if after a 

9 review of substantiated adverse informa10 tion about the officer regarding the re11 quirement for exemplary conduct set forth 

12 in section 3583, 5947, or 8583 of this 

13 title, as applicable, the officer is deter14 mined to be among the officers best quali15 fied for promotion,’’. 

16 (5) ADDITIONAL BASIS FOR DELAY IN APPOINT17 MENT FOR LACK OF QUALIFICATIONS.—Subsection 

18 (d)(2) of such section is further amended— 

19 (A) in the first sentence, by inserting be20 fore ‘‘is mentally, physically,’’ the following: 

21 ‘‘has not met the requirement for exemplary 

22 conduct set forth in section 3583, 5947, or 

23 8583 of this title, as applicable, or’’; and 

24 (B) in the second sentence, by striking ‘‘If 

25 the Secretary concerned later determines that 


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1 the officer is qualified for promotion to such 

2 grade’’ and inserting ‘‘If it is later determined 

3 by a civilian official of the Department of De4 fense (not below the level of Secretary of a mili5 tary department) that the officer is qualified for 

6 promotion to such grade and, after a review of 

7 adverse information regarding the requirement 

8 for exemplary conduct set forth in section 3583, 

9 5947, or 8583 of this title, as applicable, the of10 ficer is determined to be among the officers 

11 best qualified for promotion to such grade’’. 

12 (b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.— 

13 (1) CLARIFICATION OF APPROVAL OF SELEC14 TION BOARD REPORTS.—Subsection (a) of section 

15 14308 of title 10, United States Code, is amended 

16 by inserting ‘‘or a delegate of the President’’ after 

17 ‘‘the President’’. 

18 (2) DATE OF ESTABLISHMENT OF PROMOTION

19 LIST.—Such subsection is further amended by add20 ing at the end the following new sentence: ‘‘For pro21 motions that occur by and with the advice and con22 sent of the Senate, a promotion list shall be treated 

23 as being established for purposes of this chapter on 

24 the date on which the list is received by the Senate 

25 for consideration.’’. 


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1 (3) UNIFORM PROCEDURES FOR DELAYS OF AP2 POINTMENT UPON PROMOTION.—Section 14311 of 

3 such title is amended— 

4 (A) in subsection (a)(1), by striking ‘‘Sec5 retary of the military department concerned’’ 

6 and inserting ‘‘Secretary of Defense’’; and 

7 (B) in subsection (b), by striking ‘‘Sec8 retary of the military department concerned’’ 

9 and inserting ‘‘Secretary of Defense’’. 

10 (4) ADDITIONAL BASIS FOR ORIGINAL DELAY

11 OF APPOINTMENT.—Section 14311(a) of such title is 

12 further amended— 

13 (A) in paragraph (1), by adding at the end 

14 the following new subparagraph: 

15 ‘‘(E) Substantiated adverse information about 

16 the officer that is material to the decision to appoint 

17 the officer is under review by the Secretary of De18 fense or the Secretary concerned.’’; and 

19 (B) in paragraph (2)— 

20 (i) by striking ‘‘or if the officer is ac21 quitted’’ and inserting ‘‘if the officer is ac22 quitted’’; and 

23 (ii) by inserting after ‘‘brought 

24 against him,’’ the following: ‘‘or if after a 

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1 tion about the officer regarding the re2 quirement for exemplary conduct set forth 

3 in section 3583, 5947, or 8583 of this 

4 title, as applicable, the officer is deter5 mined to be among the officers best quali6 fied for promotion,’’. 

7 (5) ADDITIONAL BASIS FOR DELAY IN APPOINT8 MENT FOR LACK OF QUALIFICATIONS.—Section 

9 14311(b) of such section is further amended— 

10 (A) in the first sentence, by inserting be11 fore ‘‘is mentally, physically,’’ the following: 

12 ‘‘has not met the requirement for exemplary 

13 conduct set forth in section 3583, 5947, or 

14 8583 of this title, as applicable, or’’; and 

15 (B) in the second sentence, by striking ‘‘If 

16 the Secretary concerned later determines that 

17 the officer is qualified for promotion to the 

18 higher grade’’ and inserting ‘‘If it is later deter19 mined by a civilian official of the Department 

20 of Defense (not below the level of Secretary of 

21 a military department) that the officer is quali22 fied for promotion to the higher grade and, 

23 after a review of adverse information regarding 

24 the requirement for exemplary conduct set forth 

25 in section 3583, 5947, or 8583 of this title, as 


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1 applicable, the officer is determined to be 

2 among the officers best qualified for promotion 

3 to the higher grade’’. 

4 (c) DEADLINE FOR UNIFORM REGULATIONS ON

5 DELAY OF PROMOTIONS.—The Secretary of Defense shall 

6 prescribe the regulations required by section 624(d) of 

7 title 10, United States Code (as amended by subsection 

8 (a)(3) of this section), and the regulations required by sec9 tion 14311 of title 10, United States Code (as amended 

10 by subsection (b)(3) of this section), not later than March 

11 1, 2008. 

12 (d) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect on the date of the enactment 

14 of this Act, and shall apply with respect to officers on pro15 motion lists established on or after that date. 

16 SEC. 516. CONSIDERATION OF ADVERSE INFORMATION BY 

17 PROMOTION SELECTION BOARDS IN REC18 OMMENDATIONS ON OFFICERS TO BE PRO19 MOTED. 

20 (a) OFFICERS ON ACTIVE-DUTY LIST.—Section 

21 616(c) of title 10, United States Code, is amended— 

22 (1) in paragraph (1), by striking ‘‘and’’ at the 

23 end; 

24 (2) in paragraph (2), by striking the period at 

25 the end and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following new 

2 paragraph: 

3 ‘‘(3) a majority of the members of the board, 

4 after consideration by all members of the board of 

5 any adverse information about the officer that is 

6 provided to the board under section 615 of this title, 

7 finds that the officer is among the officers best 

8 qualified for promotion to meet the needs of the 

9 armed force concerned consistent with the require10 ment of exemplary conduct set forth in section 3583, 

11 5947, or 8583 of this title, as applicable.’’. 

12 (b) OFFICERS ON RESERVE-ACTIVE STATUS LIST.— 

13 Section 14108(b) of such title is amended— 

14 (1) in the heading, by striking ‘‘MAJORITY RE15 QUIRED’’ and inserting ‘‘ACTIONS REQUIRED’’; 

16 (2) in paragraph (1), by striking ‘‘and’’ at the 

17 end; 

18 (3) in paragraph (2), by striking the period at 

19 the end and inserting ‘‘; and’’; and 

20 (4) by adding at the end the following new 

21 paragraph: 

22 ‘‘(3) a majority of the members of the board, 

23 after consideration by all members of the board of 

24 any adverse information about the officer that is 

25 provided to the board under section 14107 of this 


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1 title, finds that the officer is among the officers best 

2 qualified for promotion to meet the needs of the 

3 armed force concerned consistent with the require4 ment of exemplary conduct set forth in section 3583, 

5 5947, or 8583 of this title, as applicable.’’. 

6 (c) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect on the date of the enactment 

8 of this Act, and shall apply with respect to promotion se9 lection boards convened on or after that date. 

10 SEC. 517. EXPANDED AUTHORITY FOR REMOVAL FROM RE11 PORTS OF SELECTION BOARDS OF OFFICERS 

12 RECOMMENDED FOR PROMOTION TO 

13 GRADES BELOW GENERAL AND FLAG 

14 GRADES. 

15 (a) OFFICERS ON ACTIVE-DUTY LIST.—Section 

16 618(d) of title 10, United States Code, is amended— 

17 (1) by striking ‘‘The name’’ and inserting ‘‘(1) 

18 Except as provided in paragraph (2), the name’’; 

19 and 

20 (2) by adding at the end the following new 

21 paragraph: 

22 ‘‘(2) In the case of an officer recommended by a se23 lection board for promotion to a grade below brigadier 

24 general or rear admiral (lower half), the name of the offi25 cer may also be removed from the report of the selection 


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1 board by the Secretary of Defense or the Deputy Secretary 

2 of Defense.’’. 

3 (b) OFFICERS ON RESERVE-ACTIVE STATUS LIST.— 

4 Section 14111(b) of such title is amended— 

5 (1) by striking ‘‘The name’’ and inserting ‘‘(1) 

6 Except as provided in paragraph (2), the name’’; 

7 and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) In the case of an officer recommended by a se11 lection board for promotion to a grade below brigadier 

12 general or rear admiral (lower half), the name of the offi13 cer may also be removed from the report of the selection 

14 board by the Secretary of Defense or the Deputy Secretary 

15 of Defense.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the date of the enactment 

18 of this Act, and shall apply with respect to promotion se19 lection boards convened on or after that date. 

20 SEC. 518. CLARIFICATION OF NONDISCLOSURE REQUIRE21 MENTS APPLICABLE TO PROMOTION SELEC22 TION BOARD PROCEEDINGS. 

23 (a) SELECTION BOARD PROCEEDINGS FOR ACTIVE

24 DUTY OFFICERS.—Subsection (f) of section 618 of title 

25 10, United States Code, is amended to read as follows: 


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1 ‘‘(f)(1) Proceedings of a selection board convened 

2 under section 611 of this title shall not be disclosed to 

3 any person not a member of the board. 

4 ‘‘(2) Discussions and deliberations of a selection 

5 board described in paragraph (1), and any written or doc6 umentary records thereof, shall— 

7 ‘‘(A) be immune from legal process; 

8 ‘‘(B) not be admitted as evidence; and 

9 ‘‘(C) not be used for any purpose in any action, 

10 suit, or judicial or administrative proceeding without 

11 the consent of the Secretary of the military depart12 ment concerned.’’. 

13 (b) SELECTION BOARD PROCEEDINGS FOR RESERVE

14 OFFICERS.— 

15 (1) IN GENERAL.—Section 14104 of such title 

16 is amended to read as follows: 

17 ‘‘§ 14104. Nondisclosure of board proceedings 

18 ‘‘(a) IN GENERAL.—The proceedings of a selection 

19 board convened under section 14101 of this title shall not 

20 be disclosed to any person not a member of the board. 

21 ‘‘(b) DISCUSSIONS AND DELIBERATIONS.—Discus22 sions and deliberations of a selection board described in 

23 subsection (a), and any written or documentary records 

24 thereof, shall— 

25 ‘‘(1) be immune from legal process; 


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1 ‘‘(2) not be admitted as evidence; and 

2 ‘‘(3) not be used for any purpose in any action, 

3 suit, or judicial or administrative proceeding without 

4 the consent of the Secretary of the military depart5 ment concerned.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of chapter 1403 of such title 

8 is amended by striking the item relating to section 

9 14104 and inserting the following new item: 

‘‘14104. Nondisclosure of board proceedings.’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on the date of the enactment 

12 of this Act, and shall apply with respect to the proceedings 

13 of any promotion selection board, whether convened be14 fore, on, or after such date. 

15 SEC. 519. SPECIAL SELECTION BOARD AUTHORITIES. 

16 (a) OFFICERS ON ACTIVE-DUTY LIST.— 

17 (1) BOARDS FOR ADMINISTRATIVE ERROR

18 AVAILABLE ONLY TO OFFICERS IN OR ABOVE PRO19 MOTION ZONE.—Subsection (a)(1) of section 628 of 

20 title 10, United States Code, is amended by insert21 ing ‘‘from in or above the promotion zone’’ after 

22 ‘‘for selection for promotion’’. 

23 (2) ACTIONS TREATABLE AS MATERIAL UNFAIR24 NESS.—Subsection (b)(1)(A) of such section is 


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1 amended by inserting ‘‘in a matter material to the 

2 decision of the board’’ after ‘‘contrary to law’’. 

3 (b) OFFICERS ON RESERVE ACTIVE-STATUS LIST.— 

4 Section 14502(b)(1)(A) of such title is amended by insert5 ing ‘‘in a matter material to the decision of the board’’ 

6 after ‘‘contrary to law’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on March 1, 2007, and shall 

9 apply with respect to promotion selection boards convened 

10 on or after that date. 

11 SEC. 520. REMOVAL FROM PROMOTION LISTS OF OFFICERS 

12 RETURNED TO THE PRESIDENT BY THE SEN13 ATE. 

14 (a) OFFICERS ON ACTIVE-DUTY LIST.— 

15 (1) CLARIFICATION OF REMOVAL AUTHORITY.— 

16 Subsection (a) of section 629 of title 10, United 

17 States Code, is amended by inserting ‘‘or a delegee 

18 of the President’’ after ‘‘The President’’. 

19 (2) REMOVAL FOLLOWING RETURN.—Such sec20 tion is further amended— 

21 (A) by redesignating subsection (c) as sub22 section (d); 

23 (B) by inserting after subsection (b) the 

24 following new subsection (c): 


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1 ‘‘(c)(1) If an officer or group of officers on a list of 

2 officers approved for promotion by the President and sub3 mitted to the Senate for consideration is returned by the 

4 Senate to the President pursuant to the rules and proce5 dures of the Senate, the officer or group of officers, as 

6 the case may be, shall automatically be removed from the 

7 list at the end of the 365-day period beginning on the date 

8 of such return. 

9 ‘‘(2) Prior to the end of the 365-day period referred 

10 to in paragraph (1), the President may extend by an addi11 tional 365 days the period specified in that paragraph for 

12 the removal of an officer or group of officers from a list 

13 of officers approved for promotion by the President. 

14 ‘‘(3) The President may, during the period specified 

15 in paragraph (1), as extended (if at all) under paragraph 

16 (2), resubmit to the Senate any officer or group of officers 

17 removed under paragraph (1) from a list of officers ap18 proved for promotion by the President. 

19 ‘‘(4) If an officer or group of officers resubmitted to 

20 the Senate under paragraph (3) is returned by the Senate 

21 to the President pursuant to the rules and procedures of 

22 the Senate, the officer or group of officers, as the case 

23 may be, shall automatically be removed from the list of 

24 officers approved for promotion by the President.’’; and 


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1 (C) in paragraph (1) of subsection (d), as 

2 redesignated by paragraph (1) of this sub3 section, by striking ‘‘or (b)’’ and inserting ‘‘(b), 

4 or (c)’’. 

5 (b) OFFICERS ON RESERVE ACTIVE STATUS LIST.— 

6 (1) CLARIFICATION OF REMOVAL AUTHORITY.— 

7 Subsection (a) of section 14310 of such title is 

8 amended by inserting ‘‘or a delegee of the Presi9 dent’’ after ‘‘The President’’. 

10 (2) REMOVAL FOLLOWING RETURN.—Such sec11 tion is further amended— 

12 (A) by redesignating subsection (c) as sub13 section (d); 

14 (B) by inserting after subsection (b) the 

15 following new subsection (c): 

16 ‘‘(c) REMOVAL FOLLOWING RETURN BY THE SEN17 ATE TO THE PRESIDENT.—(1) If an officer or group of 

18 officers on a list of officers approved for promotion by the 

19 President and submitted to the Senate for consideration 

20 is returned by the Senate to the President pursuant to 

21 the rules and procedures of the Senate, the officer or 

22 group of officers, as the case may be, shall automatically 

23 be removed from the list at the end of the 365-day period 

24 beginning on the date of such return. 


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1 ‘‘(2) Prior to the end of the 365-day period referred 

2 to in paragraph (1), the President may extend by an addi3 tional 365 days the period specified in that paragraph for 

4 the removal of an officer or group of officers from a list 

5 of officers approved for promotion by the President. 

6 ‘‘(3) The President may, during the period specified 

7 in paragraph (1), as extended (if at all) under paragraph 

8 (2), resubmit to the Senate any officer or group of officers 

9 removed under paragraph (1) from a list of officers ap10 proved for promotion by the President. 

11 ‘‘(4) If an officer or group of officers resubmitted to 

12 the Senate under paragraph (3) is returned by the Senate 

13 to the President pursuant to the rules and procedures of 

14 the Senate, the officer or group of officers, as the case 

15 may be, shall automatically be removed from the list of 

16 officers approved for promotion by the President.’’; and 

17 (C) in subsection (d), as redesignated by 

18 paragraph (1) of this subsection, by striking 

19 ‘‘or (b)’’ and inserting ‘‘(b), or (c)’’. 

20 (c) EFFECTIVE DATE.— 

21 (1) IN GENERAL.—The amendments made by 

22 this section shall take effect on January 1, 2007. 

23 (2) APPLICABILITY TO CERTAIN OFFICERS.— 

24 The amendments made by this section shall not 

25 apply to any officer on the active-duty list or reserve 


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1 active status list whose name is on a promotion list 

2 or report of a selection board on the date of the en3 actment of this Act. Any officer whose name is on 

4 a promotion list as of the date of the enactment of 

5 this Act following the return of the officer’s nomina6 tion to the President by the Senate and who is eligi7 ble as of that date for retirement for years of service 

8 shall be retired not later than October 1, 2008. 

9 Part III—Joint Officer Management Requirements 

10 SEC. 526. MODIFICATION AND ENHANCEMENT OF GENERAL 

11 AUTHORITIES ON MANAGEMENT OF JOINT 

12 QUALIFIED OFFICERS. 

13 (a) REDESIGNATION OF APPLICABILITY OF POLICIES

14 TOWARD JOINT QUALIFICATION.—Subsection (a) of sec15 tion 661 of title 10, United States Code, is amended by 

16 striking the last sentence and inserting the following new 

17 sentence: ‘‘For purposes of this chapter, officers to be 

18 managed by such policies, procedures, and practices are 

19 referred to as ‘joint qualified’.’’. 

20 (b) NUMBERS AND DESIGNATION.—Subsection (b) of 

21 such section is amended— 

22 (1) in the heading, by striking ‘‘SELECTION’’ 

23 and inserting ‘‘DESIGNATION’’; 


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1 (2) in paragraph (1), by striking ‘‘of officers 

2 with the joint specialty’’ and inserting ‘‘and levels of 

3 joint qualified officers’’; 

4 (3) in paragraph (2)— 

5 (A) by striking ‘‘selected for the joint spe6 cialty’’ and inserting ‘‘designated as joint quali7 fied officers’’; and 

8 (B) by striking the second and third sen9 tences and inserting the following new sentence: 

10 ‘‘Officers considered for joint qualification 

11 shall— 

12 ‘‘(A) meet criteria prescribed by the Secretary 

13 of Defense; and 

14 ‘‘(B) be those officers who are serving in the 

15 grade of captain or, in the case of the Navy, lieuten16 ant, or a higher grade.’’; and 

17 (4) in paragraph (3)— 

18 (A) by striking ‘‘select officers for the joint 

19 specialty’’ and inserting ‘‘designate officers as 

20 joint qualified officers’’; and 

21 (B) by striking ‘‘the Deputy Secretary of 

22 Defense’’ and inserting ‘‘the Under Secretary of 

23 Defense for Personnel and Readiness’’. 


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1 (c) EDUCATION AND EXPERIENCE REQUIRE2 MENTS.—Subsection (c) of such section is amended to 

3 read as follows: 

4 ‘‘(c) EDUCATION AND EXPERIENCE REQUIRE5 MENTS.—(1) An officer may not be designated as a joint 

6 qualified officer until the officer— 

7 ‘‘(A)(i) successfully completes an appropriate 

8 program at a joint professional military education 

9 school; and 

10 ‘‘(ii) successfully completes a full tour of duty 

11 in a joint duty assignment (as described in section 

12 664(f) of this title (other than in paragraph (2) of 

13 such section)); or 

14 ‘‘(B) under regulations and policy prescribed by 

15 the Secretary of Defense, successfully demonstrates 

16 a mastery of knowledge, skills, and abilities in joint 

17 matters. 

18 ‘‘(2)(A) In the case of an officer who has completed 

19 two full tours of duty in a joint duty assignment (as de20 scribed in section 664(f) of this title) and demonstrates 

21 a mastery of knowledge, skills, and abilities on joint mat22 ters, the Secretary of Defense may waive the requirement 

23 that the officer have successfully completed a program of 

24 education referred to in paragraph (1)(A)(i) if the Sec25 retary determines that the types of joint duty experiences 


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1 completed by the officer have been of sufficient breadth 

2 to prepare the officer adequately for the highest level of 

3 joint qualification. 

4 ‘‘(B) The authority of the Secretary of Defense to 

5 grant a waiver under subparagraph (A) may be delegated 

6 only to the Under Secretary of Defense for Personnel and 

7 Readiness. 

8 ‘‘(C)(i) A waiver under subparagraph (A) may be 

9 granted only on a case-by-case basis. 

10 ‘‘(ii) A waiver under subparagraph (A) may be grant11 ed only under circumstances justifying variation from the 

12 requirements of paragraph (1) for designation of an offi13 cer for the highest level of joint qualification as specified 

14 by the Secretary of Defense. 

15 ‘‘(iii) In the case of a general or flag officer, a waiver 

16 under subparagraph (A) may be granted only under cir17 cumstances described in clause (ii) and circumstances in 

18 which the waiver is necessary to meet a critical need of 

19 the armed forces, as determined by the Chairman of the 

20 Joint Chiefs of Staff. 

21 ‘‘(iv) In the case of officers in grades below brigadier 

22 general or rear admiral (lower half), the total number of 

23 waivers granted under subparagraph (A) for officers in the 

24 same pay grade during a fiscal year may not exceed 10 

25 percent of the total number of officers in that pay grade 


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1 selected for the highest level of joint qualification during 

2 that fiscal year. 

3 ‘‘(D) There may not be more than 32 general and 

4 flag officers on active duty at the same time who were 

5 selected for the joint specialty or highest level of joint 

6 qualification while holding a general or flag officer grade 

7 and for whom a waiver was granted under subparagraph 

8 (A).’’. 

9 (d) NUMBER OF JOINT DUTY ASSIGNMENTS.—Sub10 section (d) of such section is amended to read as follows: 

11 ‘‘(d) NUMBER OF JOINT DUTY ASSIGNMENTS.—(1) 

12 The Secretary of Defense shall ensure that approximately 

13 one-half of the joint duty assignment positions in grades 

14 above major or, in the case of the Navy, lieutenant com15 mander are filled at any time by officers who have the 

16 highest level of joint qualification. 

17 ‘‘(2) The Secretary of Defense, with the advice of the 

18 Chairman of the Joint Chiefs of Staff, shall designate an 

19 appropriate number of joint duty assignment positions as 

20 critical joint duty assignment positions. A position may 

21 be designated as a critical joint duty assignment position 

22 only if the duties and responsibilities of the position make 

23 it important that the occupant be particularly trained in, 

24 and oriented toward, joint matters. 


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1 ‘‘(3)(A) Except as provided in subparagraph (B), a 

2 position designated under paragraph (2) may be held only 

3 by an officer who has the highest level of joint qualifica4 tion. 

5 ‘‘(B) The Secretary of Defense may waive the re6 quirement in subparagraph (A) with respect to the assign7 ment of an officer to a position designated under para8 graph (1). Any such waiver shall be granted on a case9 by-case basis. The authority of the Secretary to grant such 

10 a waiver may be delegated only to the Chairman of the 

11 Joint Chiefs of Staff. 

12 ‘‘(4) The Secretary of Defense shall ensure that, of 

13 those joint duty assignment positions that are filled by 

14 general or flag officers, a substantial portion are among 

15 those positions that are designated under paragraph (2) 

16 as critical joint duty assignment positions.’’. 

17 (e) CAREER GUIDELINES.—Subsection (e) of such 

18 section is amended by striking ‘‘officers with the joint spe19 cialty’’ and inserting ‘‘officers who are joint qualified offi20 cers’’. 

21 (f) TREATMENT OF CERTAIN SERVICE.—Subsection 

22 (f) of such section is amended by striking ‘‘(including sec23 tion 619(e)(1) of this title)’’. 

24 (g) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of chapter 38 of such title is amended 


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1 by striking the item relating to section 661 and inserting 

2 the following new item: 

‘‘661. Management policies for joint qualified officers.’’. 

3 SEC. 527. MODIFICATION OF PROMOTION POLICY OBJEC4 TIVES FOR JOINT OFFICERS. 

5 Section 662(a) of title 10, United States Code, is 

6 amended— 

7 (1) in paragraph (1), by inserting ‘‘and’’ after 

8 the semicolon; and 

9 (2) by striking paragraphs (2) and (3) and in10 serting the following new paragraph (2): 

11 ‘‘(2) officers who are serving in or have served 

12 in joint duty assignments are expected, as a group, 

13 to be promoted to the next higher grade at a rate 

14 not less than the rate for all officers of the same 

15 armed force in the same grade and competitive cat16 egory.’’. 

17 SEC. 528. APPLICABILITY OF JOINT DUTY ASSIGNMENT RE18 QUIREMENTS LIMITED TO GRADUATES OF 

19 NATIONAL DEFENSE UNIVERSITY SCHOOLS. 

20 (a) APPLICABILITY.—Section 663 of title 10, United 

21 States Code, is amended— 

22 (1) in subsection (a), by striking ‘‘a joint pro23 fessional military education school’’ and inserting ‘‘a 

24 school within the National Defense University’’; and 

25 (2) in subsection (b)— 


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1 (A) in paragraph (1), by striking ‘‘a joint 

2 professional military education school’’ and in3 serting ‘‘a school within the National Defense 

4 University’’; and 

5 (B) in paragraph (2), by striking ‘‘a joint 

6 professional military education school’’ and in7 serting ‘‘a school referred to in paragraph (1)’’. 

8 (b) DEFINITION.—Such section is further amended 

9 by adding at the end the following new subsection: 

10 ‘‘(c) SCHOOL WITHIN THE NATIONAL DEFENSE UNI11 VERSITY.—For purposes of this section, a school within 

12 the National Defense University includes a school as fol13 lows: 

14 ‘‘(1) The National War College. 

15 ‘‘(2) The Industrial College of the Armed 

16 Forces. 

17 ‘‘(3) The Joint Advanced Warfighting School. 

18 ‘‘(4) The Joint Forces Staff College.’’. 

19 SEC. 529. MODIFICATION OF DEFINITIONS RELATING TO 

20 JOINTNESS. 

21 (a) MODIFICATION OF DEFINITION OF ‘‘JOINT MAT22 TERS’’.—Subsection (a) of section 668 of title 10, United 

23 States Code, is amended to read as follows: 

24 ‘‘(a) JOINT MATTERS.—In this chapter, the term 

25 ‘joint matters’ means matters involving the integrated use 


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1 of military forces relating to national military strategy, 

2 strategic and contingency planning, and command and 

3 control of operations under unified command that may be 

4 conducted under unified action on land, sea, or air, in 

5 space, or in the information environment with participants 

6 from multiple armed forces, the armed forces and other 

7 departments and agencies of the United States Govern8 ment, the armed forces and the military forces or agencies 

9 of other countries, the armed forces and non-governmental 

10 persons or entities, or any combination thereof.’’. 

11 (b) MODIFICATION OF DEFINITION OF ‘‘JOINT DUTY

12 ASSIGNMENT’’.—Paragraph (1) of subsection (b) of such 

13 section is amended by striking ‘‘and shall exclude’’ and 

14 all that follows and inserting a period. 

15 (c) RESTATEMENT OF DEFINITION OF ‘‘CRITICAL

16 OCCUPATIONAL SPECIALTY’’.— 

17 (1) IN GENERAL.—Section 668 of such title is 

18 further amended by adding at the end the following 

19 new subsection: 

20 ‘‘(d) CRITICAL OCCUPATIONAL SPECIALTY.—In this 

21 chapter, the term ‘critical occupational specialty’ means 

22 a military occupational specialty within a combat arm of 

23 the Army, or an equivalent arm of the Navy, Air Force, 

24 and Marine Corps, that is designated by the Secretary of 

25 Defense as a critical occupational specialty because such 


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1 combat arm is experiencing a severe shortage of trained 

2 officers in that military occupational specialty.’’. 

3 (2) CONFORMING AMENDMENTS.—The fol4 lowing provisions of such title are each amended by 

5 striking ‘‘under section 661(c)(2) of this title’’: 

6 (A) Section 664(c)(2). 

7 (B) Section 667(3). 

8 Subtitle B—Reserve Component 

9 Personnel Matters 

10 SEC. 531. ENHANCED FLEXIBILITY IN THE MANAGEMENT 

11 OF RESERVE COMPONENT PERSONNEL. 

12 (a) CLARIFICATION OF DEFINITION OF ‘‘ACTIVE

13 GUARD AND RESERVE DUTY’’ UNDER TITLE 10, UNITED

14 STATES CODE.—Section 101(d)(6)(A) of title 10, United 

15 States Code, is amended— 

16 (1) by striking ‘‘or full-time National Guard 

17 duty’’ the first place it appears; 

18 (2) by striking ‘‘to active duty or’’ and inserting 

19 ‘‘to’’; 

20 (3) by striking ‘‘Guard, pursuant’’ and insert21 ing ‘‘Guard pursuant’’; and 

22 (4) by inserting a comma before ‘‘for a period’’. 

23 (b) EXPANSION OF ACTIVE GUARD AND RESERVE

24 DUTY TO INCLUDE SUPPORT OF RESERVE COMPONENT

25 OPERATIONS AND ADDITIONAL INSTRUCTION AND TRAINVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 ING.—Section 12310 of title 10, United States Code, is 

2 amended— 

3 (1) by redesignating subsections (c) and (d) as 

4 subsections (d) and (e), respectively; 

5 (2) by striking subsections (a) and (b) and in6 serting the following new subsections: 

7 ‘‘(a) ACTIVE GUARD AND RESERVE DUTY.—The Sec8 retary concerned may order a Reserve ordered to or re9 tained on active duty under section 12301(d) of this title 

10 to perform active Guard and Reserve duty. 

11 ‘‘(b) ADDITIONAL DUTIES.—A Reserve on active 

12 duty as described in subsection (a) who is performing ac13 tive Guard and Reserve duty pursuant to an order under 

14 that subsection may be assigned additional duties (to the 

15 extent such duties do not interfere with the performance 

16 by the Reserve of active Guard and Reserve duty under 

17 that subsection) as follows: 

18 ‘‘(1) Supporting operations or missions as19 signed in whole or in part to the reserve compo20 nents. 

21 ‘‘(2) Supporting operations or missions per22 formed or to be performed by— 

23 ‘‘(A) a unit composed of elements from 

24 more than one component of the same armed 

25 force; or 


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1 ‘‘(B) a joint forces unit that includes— 

2 ‘‘(i) one or more reserve component 

3 units; or 

4 ‘‘(ii) a member of a reserve compo5 nent whose reserve component assignment 

6 is in a position in an element of the joint 

7 forces unit. 

8 ‘‘(3) Advising the Secretary of Defense, the 

9 Secretaries of the military departments, the Joint 

10 Chiefs of Staff, and the commanders of the combat11 ant commands on reserve component matters. 

12 ‘‘(4) Instructing or training members of the 

13 armed forces on active duty, members of foreign 

14 military forces (under authorities and limitations ap15 plicable to the provision of such instruction or train16 ing by members of the armed forces on active duty), 

17 Department of Defense contractor personnel, and 

18 Department of Defense civilian employees. 

19 ‘‘(c) GRADE WHEN ORDERED TO ACTIVE DUTY.— 

20 A Reserve ordered to active duty under subsection (a) 

21 shall be ordered in his reserve grade. While so serving, 

22 he continues to be eligible for promotion as a Reserve, if 

23 he is otherwise qualified.’’; and 

24 (3) in paragraph (1) of subsection (d), as so re25 designated— 


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1 (A) by striking ‘‘Notwithstanding sub2 section (b), a Reserve’’ and inserting ‘‘A Re3 serve’’; and 

4 (B) by striking ‘‘functions’’ and inserting 

5 ‘‘duty’’. 

6 (c) EXPANSION OF DUTIES OF MILITARY TECHNI7 CIANS (DUAL STATUS).— 

8 (1) GENERAL DUTIES.—Section 10216(a)(1)(C) 

9 of such title is amended by striking ‘‘administration 

10 and’’ and inserting ‘‘organizing, administering, in11 structing, or’’. 

12 (2) SUPPORT OF RESERVE COMPONENT OPER13 ATIONS AND ADDITIONAL INSTRUCTION AND TRAIN14 ING.—Chapter 1007 of such title is amended by in15 serting after section 10216 the following new sec16 tion: 

17 ‘‘§ 10216a. Military technicians (dual status): addi18 tional duties 

19 ‘‘A military technician (dual status) who is employed 

20 under section 3101 of title 5 may perform additional du21 ties (to the extent such duties do not interfere with the 

22 performance by the military technician of duties assigned 

23 under section 10216(a)(1)(C) of this title) as follows: 


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1 ‘‘(1) Supporting operations or missions as2 signed in whole or in part to the military techni3 cian’s unit. 

4 ‘‘(2) Supporting operations or missions per5 formed or to be performed by— 

6 ‘‘(A) a unit composed of elements from 

7 more than one component of the military tech8 nician’s armed force; or 

9 ‘‘(B) a joint forces unit that includes— 

10 ‘‘(i) one or more units of the military 

11 technician’s reserve component; or 

12 ‘‘(ii) a member of the military techni13 cian’s reserve component whose reserve 

14 component assignment is in a position in 

15 an element of the joint forces unit. 

16 ‘‘(3) Instructing or training members of the 

17 armed forces on active duty, members of foreign 

18 military forces (under authorities and limitations ap19 plicable to the provision of such instruction or train20 ing by members of the armed forces on active duty), 

21 Department of Defense contractor personnel, and 

22 Department of Defense civilian employees.’’. 

23 (3) CLERICAL AMENDMENT.—The table of sec24 tions at the beginning of chapter 1007 of such title 


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1 is amended by inserting after the item relating to 

2 section 10216 the following new item: 

‘‘10216a. Military technicians (dual status): additional duties.’’. 

3 (d) ORDER OF NATIONAL GUARD MEMBERS TO PER4 FORM NATIONAL GUARD ACTIVE GUARD AND RESERVE

5 DUTY AND ADDITIONAL DUTIES.— 

6 (1) DEFINITION OF ‘‘NATIONAL GUARD ACTIVE

7 GUARD AND RESERVE DUTY’’.—Section 101 of title 

8 32, United States Code, is amended by adding at 

9 the end the following: 

10 ‘‘(20)(A) ‘National Guard active Guard and Re11 serve duty’ means full-time National Guard duty 

12 performed by a member of the National Guard pur13 suant to an order to full-time National Guard duty, 

14 for a period of 180 consecutive days or more for the 

15 purpose of organizing, administering, recruiting, in16 structing, or training the reserve components. 

17 ‘‘(B) Such term does not include the following: 

18 ‘‘(i) Duty performed as a member of the 

19 Reserve Forces Policy Board under section 

20 10301 of title 10. 

21 ‘‘(ii) Duty performed as a property and fis22 cal officer under section 708 of this title. 

23 ‘‘(iii) Duty performed for the purpose of 

24 interdiction and counter-drug activities for 


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1 which funds have been provided under section 

2 112 of this title. 

3 ‘‘(iv) Duty performed as a general or flag 

4 officer. 

5 ‘‘(v) Service as a State director of the Se6 lective Service System under section 10(b)(2) of 

7 the Military Selective Service Act (50 U.S.C. 

8 App. 460(b)(2)).’’. 

9 (2) ORDER TO PERFORM DUTY.—Chapter 3 of 

10 such title is amended by adding at the end the fol11 lowing new section: 

12 ‘‘§ 328. National Guard active Guard and Reserve 

13 duty; additional duties 

14 ‘‘(a) AUTHORITY TO ORDER TO DUTY.—The Gov15 ernor of his State or Territory or Puerto Rico, or com16 manding general of the District of Columbia National 

17 Guard, as the case may be, with the consent of the Sec18 retary concerned, may order a member of the National 

19 Guard to perform National Guard active Guard and Re20 serve duty. 

21 ‘‘(b) NATURE OF DUTY.—(1) A member of the Na22 tional Guard may be ordered to perform duty under sub23 section (a)— 

24 ‘‘(A) without his consent, but with the pay and 

25 allowances provided by law; or 


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1 ‘‘(B) with his consent, either with or without 

2 pay and allowances. 

3 ‘‘(2) Duty without pay shall be considered for all pur4 poses as if it were duty with pay. 

5 ‘‘(c) DUTIES.—A member of the National Guard per6 forming duty under subsection (a) may perform the fol7 lowing additional duties (to the extent such duties do not 

8 interfere with the performance by the member of National 

9 Guard active Guard and Reserve duty under that sub10 section) as follows: 

11 ‘‘(1) Support of operations or missions under12 taken by the member’s unit at the request of the 

13 President or the Secretary of Defense. 

14 ‘‘(2) Support of Federal training operations or 

15 Federal training missions assigned in whole or in 

16 part to the member’s unit. 

17 ‘‘(3) Instructing or training members of the 

18 armed forces on active duty, members of foreign 

19 military forces (under authorities and limitations ap20 plicable to the provision of such instruction or train21 ing by members of the armed forces on active duty), 

22 Department of Defense contractor personnel, and 

23 Department of Defense civilian employees.’’. 


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1 (3) CLERICAL AMENDMENT.—The table of sec2 tions at the beginning of such chapter is amended 

3 by adding at the end the following new item: 

‘‘328. National Guard active Guard and Reserve duty; additional duties.’’. 

4 (e) EXPANSION OF DUTIES OF NATIONAL GUARD

5 TECHNICIANS.—Section 709(a) of such title is amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ’’administration and’’ and 

8 inserting ’’organizing, administering, instruct9 ing, or’’; and 

10 (B) by striking ‘‘and’’ at the end; 

11 (2) in paragraph (2), by striking the period at 

12 the end and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following new 

14 paragraph: 

15 ‘‘(3) the performance of additional duties (to 

16 the extent such duties do not interfere with the per17 formance by the technician of duties under para18 graphs (1) and (2)) as follows: 

19 ‘‘(A) Support of operations or missions un20 dertaken by the technician’s unit at the request 

21 of the President or the Secretary of Defense. 

22 ‘‘(B) Support of Federal training oper23 ations or Federal training missions assigned in 

24 whole or in part to the technician’s unit. 


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1 ‘‘(C) Instructing or training members of 

2 the armed forces on active duty, members of 

3 foreign military forces (under authorities and 

4 limitations applicable to the provision of such 

5 instruction or training by members of the 

6 armed forces on active duty), Department of 

7 Defense contractor personnel, and Department 

8 of Defense civilian employees.’’. 

9 SEC. 532. EXPANSION OF ACTIVITIES AUTHORIZED FOR RE10 SERVES UNDER WEAPONS OF MASS DE11 STRUCTION CIVIL SUPPORT TEAMS. 

12 (a) IN GENERAL.—Subsection (d) of section 12310 

13 of title 10, United States Code, as redesignated and 

14 amended by section 531(b) of this Act, is further amend15 ed— 

16 (1) in paragraph (1)— 

17 (A) in subparagraph (A)— 

18 (i) by inserting ‘‘in the United States, 

19 Canada, or the United Mexican States’’ 

20 after ‘‘title)’’; and 

21 (ii) by striking ‘‘or’’ at the end; 

22 (B) in subparagraph (B)— 

23 (i) by inserting ‘‘, Canada, or the 

24 United Mexican States’’ after ‘‘United 

25 States’’; and 


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1 (ii) by striking the period at the end 

2 and inserting a semicolon; and 

3 (C) by adding at the end the following new 

4 subparagraphs: 

5 ‘‘(C) the intentional or unintentional release of 

6 nuclear, biological, radiological, or toxic or poisonous 

7 chemical materials in the United States, Canada, or 

8 the United Mexican States that results, or could re9 sult, in catastrophic loss of life or property; or 

10 ‘‘(D) a natural or manmade disaster in the 

11 United States, Canada, or the United Mexican 

12 States that results, or could result, in catastrophic 

13 loss of life or property.’’; and 

14 (2) by striking paragraph (3) and inserting the 

15 following new paragraph (3): 

16 ‘‘(3)(A) A Reserve may perform duties described in 

17 subparagraph (A), (B), or (C) of paragraph (1)— 

18 ‘‘(i) only while assigned to a reserve component 

19 civil support team; and 

20 ‘‘(ii) if performing those duties in Canada or 

21 the United Mexican States, only after being ordered 

22 to active duty under this title. 

23 ‘‘(B) A Reserve may perform the duties described in 

24 paragraph (1)(D)— 


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1 ‘‘(i) only while assigned to a reserve component 

2 civil support team; 

3 ‘‘(ii) only with the approval of the Secretary of 

4 Defense; and 

5 ‘‘(iii) if performing those duties in Canada or 

6 the United Mexican States, only after being ordered 

7 to active duty under this title. 

8 ‘‘(C) Any duties described in paragraph (1) that are 

9 performed in Canada or the United Mexican States may 

10 occur, with consultation of the Secretary of State, at any 

11 distance beyond the borders of the United States with 

12 such country as is agreed to by appropriate authorities 

13 in such country.’’. 

14 (b) DEFINITION OF ‘‘UNITED STATES’’.—Such sub15 section is further amended by adding at the end the fol16 lowing new paragraph: 

17 ‘‘(7) In this subsection, the term ‘United States’ 

18 means each of the several States, the District of Columbia, 

19 Puerto Rico, Guam, and the Virgin Islands.’’. 

20 (c) CONFORMING AMENDMENTS.—Such subsection is 

21 further amended— 

22 (1) in the heading, by inserting ‘‘, TERRORIST

23 ATTACK, AND NATURAL OR MANMADE DISASTER’’ 

24 after ‘‘MASS DESTRUCTION’’; 


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1 (2) in paragraph (5), by striking ‘‘rapid assess2 ment element team’’ and inserting ‘‘civil support 

3 team’’; and 

4 (3) in paragraph (6)(B), by striking ‘‘para5 graph (3)(B)’’ and inserting ‘‘that paragraph’’. 

6 SEC. 533. MODIFICATION OF AUTHORITIES RELATING TO 

7 THE COMMISSION ON THE NATIONAL GUARD 

8 AND RESERVES. 

9 (a) ANNUITIES AND PAY OF MEMBERS ON FEDERAL

10 REEMPLOYMENT.—Subsection (e) of section 513 of the 

11 Ronald W. Reagan National Defense Authorization Act 

12 for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 

13 1882), as amended by section 516 of the National Defense 

14 Authorization Act for Fiscal Year 2006 (Public Law 109– 

15 163; 119 Stat. 3237), is further amended by adding at 

16 the end the following new paragraph: 

17 ‘‘(3) If warranted by circumstances described in sub18 paragraph (A) or (B) of section 8344(i)(1) of title 5, 

19 United States Code, or by circumstances described in sub20 paragraph (A) or (B) of section 8468(f)(1) of such title, 

21 as applicable, the chairman of the Commission may exer22 cise, with respect to the members of the Commission, the 

23 same waiver authority as would be available to the Direc24 tor of the Office of Personnel Management under such 

25 section.’’. 


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1 (b) FINAL REPORT.—Subsection (f)(2) of such sec2 tion 513 is amended by striking ‘‘one year’’ and inserting 

3 ‘‘18 months’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall be effective on October 28, 2004, as if 

6 included in the enactment of the Ronald W. Reagan Na7 tional Defense Authorization Act for Fiscal Year 2005. 

8 The amendment made by subsection (a) shall apply to 

9 members of the Commission on the National Guard and 

10 Reserves appointed on or after that date. 

11 SEC. 534. PILOT PROGRAM ON REINTEGRATION OF MEM12 BERS OF THE NATIONAL GUARD INTO CIVIL13 IAN LIFE AFTER DEPLOYMENT. 

14 (a) PILOT PROGRAM REQUIRED.—The Secretary of 

15 the Army shall carry out a pilot program to assess the 

16 feasibility and advisability of utilizing the mechanisms 

17 specified in this section to facilitate the reintegration of 

18 members of the National Guard into civilian life after their 

19 return from deployment overseas. 

20 (b) LIMITATION ON LOCATION.—The pilot program 

21 required by subsection (a) may only be carried out in a 

22 State that has a National Guard brigade that is returning 

23 from deployment overseas during the period of the pilot 

24 program. 


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1 (c) PROGRAM ELEMENTS.—The mechanisms under 

2 the pilot program required by subsection (a) shall include 

3 the following: 

4 (1) INITIAL REINTEGRATION TRAINING.—Train5 ing (to be known as ‘‘initial reintegration training’’) 

6 of members of the National Guard described in sub7 section (a) to facilitate the reintegration of such 

8 members with their families and communities after 

9 their return from deployment as described in that 

10 subsection. Such training shall be conducted imme11 diately after the return of such members from such 

12 deployment. Participation in such training shall be 

13 voluntary. 

14 (2) 30-DAY REINTEGRATION TRAINING.—Train15 ing (to be known as ‘‘30–day reintegration train16 ing’’) of members of the National Guard described 

17 in subsection (a) to assist such members in identi18 fying the signs and symptoms of combat stress. 

19 Such training shall be conducted approximately 30 

20 days after provision of training under paragraph (1). 

21 Participation in such training shall be voluntary. 

22 (3) 60-DAY REINTEGRATION TRAINING.—Train23 ing (to be known as ‘‘60–day reintegration train24 ing’’) of members of the National Guard described 

25 in subsection (a) to assist such members in matters 


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1 relating to combat stress, including chemical depend2 ency, anger management, and gambling abuse. Such 

3 training shall be conducted approximately 30 days 

4 after provision of training under paragraph (2). Par5 ticipation in such training shall be voluntary. 

6 (4) 90-DAY REINTEGRATION TRAINING.—Train7 ing (to be known as ‘‘90–day reintegration train8 ing’’) of members of the National Guard described 

9 in subsection (a) to ensure a thorough physical and 

10 mental health assessment of such members after de11 ployment as described in that subsection. Such 

12 training shall be conducted approximately 30 days 

13 after provision of training under paragraph (3). Par14 ticipation in such training shall be voluntary. 

15 (5) EDUCATIONAL MATERIALS.—The develop16 ment and distribution of educational materials for 

17 families of members of the National Guard described 

18 in subsection (a), and for the communities in which 

19 such members and families reside, on matters relat20 ing to the reintegration of such members into civil21 ian life after their return from deployment overseas. 

22 (d) REPORT.—Not later than one year after the com23 mencement of the pilot program required by subsection 

24 (a), the Secretary shall submit to the congressional deVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 fense committees a report on the pilot program. The re2 port shall include— 

3 (1) a description of the activities undertaken 

4 under the pilot program; 

5 (2) an assessment of the effectiveness of such 

6 mechanisms in facilitating the reintegration of mem7 bers of the National Guard into civilian life after 

8 their return from deployment overseas; and 

9 (3) such recommendations for legislative or ad10 ministrative action as the Secretary considers appro11 priate in light of the pilot program. 

12 (e) FUNDING.—Of the amount authorized to be ap13 propriated by section 301(10) for operation and mainte14 nance for the Army National Guard, $6,663,000 may be 

15 available for the pilot program required by subsection (a). 

16 Subtitle C—Military Justice and 

17 Related Matters 

18 SEC. 551. APPLICABILITY OF UNIFORM CODE OF MILITARY 

19 JUSTICE TO MEMBERS OF THE ARMED 

20 FORCES ORDERED TO ACTIVE DUTY OVER21 SEAS IN INACTIVE DUTY FOR TRAINING STA22 TUS. 

23 Not later than March 1, 2007, the Secretaries of the 

24 military departments shall prescribe regulations, or amend 

25 current regulations, in order to provide that officers and 


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1 enlisted personnel of the Armed Forces who are ordered 

2 to active duty at locations overseas in an inactive duty for 

3 training status are subject to the jurisdiction of the Uni4 form Code of Military Justice, pursuant to the provisions 

5 of section 802(a)(3) of title 10, United States Code (arti6 cle 2(a)(3) of the Uniform Code of Military Justice), con7 tinuously from the commencement of execution of such or8 ders to the conclusion of such orders. 

9 Subtitle D—Education and 

10 Training Matters 

11 SEC. 561. DETAIL OF COMMISSIONED OFFICERS AS STU12 DENTS AT MEDICAL SCHOOLS. 

13 (a) IN GENERAL.—Chapter 101 of title 10, United 

14 States Code, is amended by inserting after section 2004 

15 the following new section: 

16 ‘‘§ 2004a. Detail of commissioned officers as students 

17 at medical schools 

18 ‘‘(a) DETAIL AUTHORIZED.—The Secretary of each 

19 military department may detail commissioned officers of 

20 the armed forces as students at accredited medical schools 

21 or schools of osteopathy located in the United States for 

22 a period of training leading to the degree of doctor of med23 icine. No more than 25 officers from each military depart24 ment may commence such training in any single fiscal 

25 year. 


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1 ‘‘(b) ELIGIBILITY FOR DETAIL.—To be eligible for 

2 detail under subsection (a), an officer must be a citizen 

3 of the United States and must— 

4 ‘‘(1) have served on active duty for a period of 

5 not less than two years nor more than six years and 

6 be in the pay grade 0–3 or below as of the time the 

7 training is to begin; and 

8 ‘‘(2) sign an agreement that unless sooner sepa9 rated the officer will— 

10 ‘‘(A) complete the educational course of 

11 medical training; 

12 ‘‘(B) accept transfer or detail as a medical 

13 officer within the military department con14 cerned when the officer’s training is completed; 

15 and 

16 ‘‘(C) agree to serve on active duty fol17 lowing completion of training for a period of 

18 two years for each year or part thereof of the 

19 officer’s medical training under subsection (a). 

20 ‘‘(c) SELECTION OF OFFICERS FOR DETAIL.—Offi21 cers detailed for medical training under subsection (a) 

22 shall be selected on a competitive basis by the Secretary 

23 of the military department concerned. 

24 ‘‘(d) RELATION OF SERVICE OBLIGATIONS TO

25 OTHER SERVICE OBLIGATIONS.—Any service obligation 


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1 incurred by an officer under an agreement entered into 

2 under subsection (b) shall be in addition to any service 

3 obligation incurred by the officer under any other provi4 sion of law or agreement. 

5 ‘‘(e) EXPENSES.—Expenses incident to the detail of 

6 officers under this section shall be paid from any funds 

7 appropriated for the military department concerned. 

8 ‘‘(f) FAILURE TO COMPLETE PROGRAM.—(1) An of9 ficer who is dropped from a program of medical training 

10 to which detailed under subsection (a) for deficiency in 

11 conduct or studies, or for other reasons, may be required 

12 to perform active duty in an appropriate military capacity 

13 in accordance with the active duty obligation imposed on 

14 the officer under regulations issued by the Secretary of 

15 Defense for purposes of this section. 

16 ‘‘(2) In no case shall an officer be required to serve 

17 on active duty under this subsection for any period in ex18 cess of one year for each year or part thereof the officer 

19 participated in the program. 

20 ‘‘(g) LIMITATION ON DETAILS.—(1) No agreement 

21 detailing an officer of the armed forces to an accredited 

22 medical school or school of osteopathy may be entered into 

23 during any period in which the President is authorized by 

24 law to induct persons into the armed forces involuntarily. 


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1 ‘‘(2) Nothing in this subsection shall affect any agree2 ment entered into during any period when the President 

3 is not authorized by law to so induct persons into the 

4 armed forces.’’. 

5 (b) CLERICAL AMENDMENT.—The table of sections 

6 at the beginning of chapter 101 of such title is amended 

7 by inserting after the item relating to section 2004 the 

8 following new item: 

‘‘2004a. Detail of commissioned officers as students at medical schools.’’. 

9 SEC. 562. EXPANSION OF ELIGIBILITY TO PROVIDE JUNIOR 

10 RESERVE OFFICERS’ TRAINING CORPS IN11 STRUCTION. 

12 (a) ELIGIBILITY OF RETIRED MEMBERS OF NA13 TIONAL GUARD AND RESERVES.—Section 2031 of title 

14 10, United States Code, is amended by adding at the end 

15 the following new subsection: 

16 ‘‘(e) Instead of, or in addition to, the detailing of ac17 tive duty officers and noncommissioned officers under sub18 section (c)(1), and the employment of retired officers, non19 commissioned officers, and members of the Fleet Reserve 

20 and Fleet Marine Corps Reserve under subsection (d), the 

21 Secretary of the military department concerned may au22 thorize qualified institutions to employ as administrators 

23 and instructors in the program retired officers and non24 commissioned officers who qualify for retired pay for non25 regular service under section 12731 of this title (other 


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1 than those who qualify for age under subsection (a)(1) of 

2 such section) whose qualifications are approved by the 

3 Secretary and the institution concerned and who request 

4 such employment, subject to the following: 

5 ‘‘(1) The Secretary shall pay to the institution 

6 an amount equal to one-half of the amount paid to 

7 the member by the institution for any period up to 

8 a maximum of one-half of the difference between the 

9 retired or retainer pay for an active duty officer or 

10 noncommissioned offer of the same grade and years 

11 of service for such period and the active duty pay 

12 and allowances which the member would have re13 ceived for such period if on active duty. Amounts 

14 may be paid with respect to members under this 

15 subsection after such members reach the age of 60. 

16 Payments by the Secretary under this paragraph 

17 shall be made from funds appropriated for that pur18 pose. 

19 ‘‘(2) Notwithstanding any other provision of 

20 law, such a member is not, while so employed, con21 sidered to be on active duty or inactive duty training 

22 for any purpose.’’. 

23 (b) CLARIFICATION OF STATUS OF RETIRED MEM24 BERS CURRENTLY PROVIDING INSTRUCTION.—Subsection 

25 (d) of such section is amended in the matter preceding 


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1 paragraph (1) by striking ‘‘and noncommissioned officers, 

2 and members of the Fleet Reserve and Fleet Marine Corps 

3 Reserve’’ and inserting ‘‘, noncommissioned officers, and 

4 members of the Fleet Reserve and Fleet Marine Corps Re5 serve who are drawing retired or retained pay’’. 

6 SEC. 563. INCREASE IN MAXIMUM AMOUNT OF REPAYMENT 

7 UNDER EDUCATION LOAN REPAYMENT FOR 

8 OFFICERS IN SPECIFIED HEALTH PROFES9 SIONS. 

10 (a) INCREASE IN MAXIMUM AMOUNT.—Section 

11 2173(e)(2) of title 10, United States Code, is amended 

12 by striking ‘‘$22,000’’ and inserting ‘‘$60,000’’. 

13 (b) EFFECTIVE DATE.— 

14 (1) IN GENERAL.—The amendment made by 

15 subsection (a) shall take effect on October 1, 2006, 

16 and shall apply with respect agreements entered into 

17 under section 2173 of title 10, United States Code, 

18 on or after that date. 

19 (2) PROHIBITION ON ADJUSTMENT.—The ad20 justment required by the second sentence of section 

21 2173(e)(2) of title 10, United States Code, to be 

22 made on October 1, 2006, shall not be made. 


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1 SEC. 564. INCREASE IN BENEFITS UNDER HEALTH PROFES2 SIONS SCHOLARSHIP AND FINANCIAL ASSIST3 ANCE PROGRAM. 

4 (a) STIPEND.—Section 2121(d) of title 10, United 

5 States Code, is amended— 

6 (1) by striking ‘‘the rate of $579 per month’’ 

7 and inserting ‘‘in an amount not to exceed $30,000 

8 per year’’; and 

9 (2) by striking ‘‘That rate’’ and inserting ‘‘The 

10 maximum amount of the stipend’’. 

11 (b) ANNUAL GRANT.—Section 2127(e) of such title 

12 is amended— 

13 (1) by striking ‘‘$15,000’’ and inserting ‘‘in an 

14 amount not to exceed $45,000’’; and 

15 (2) by striking ‘‘The amount’’ and inserting 

16 ‘‘The maximum amount’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect on October 1, 2006. 

19 (d) PROHIBITION ON ADJUSTMENTS IN 2007.—No 

20 adjustment under subsection (d) of section 2122 of title 

21 10, United States Code, in the maximum amount of the 

22 stipend payable under such section 2122, and no adjust23 ment under subsection (e) of section 2127 of such title 

24 in the maximum amount of the annual grant payable 

25 under such section 2127, shall be made in 2007. 


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1 SEC. 565. REPORT ON HEALTH PROFESSIONS SCHOLAR2 SHIP AND FINANCIAL ASSISTANCE PROGRAM. 

3 (a) REPORT REQUIRED.—Not later than March 1, 

4 2007, the Secretary of Defense shall submit to the con5 gressional defense committees a report on the health pro6 fessions scholarship and financial assistance program for 

7 active service under subchapter I of chapter 105 of title 

8 10, United States Code. 

9 (b) ELEMENTS.—The report required by subsection 

10 (a) shall include the following: 

11 (1) An assessment of the success of each mili12 tary department in achieving its recruiting goals 

13 under the health professions scholarship and finan14 cial assistance program for active service during 

15 each of fiscal years 2000 through 2006. 

16 (2) If any military department failed to achieve 

17 its recruiting goals under the program during any 

18 fiscal year covered by paragraph (1), an explanation 

19 of the failure of the military department to achieve 

20 such goal during such fiscal year. 

21 (3) An assessment of the adequacy of the sti22 pend authorized by section 2121(d) of title 10, 

23 United States Code, in meeting the objectives of the 

24 program. 

25 (4) Such recommendations for legislative or ad26 ministrative action as the Secretary considers approVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 priate to enhance the effectiveness of the program in 

2 meeting the annual recruiting goals of the military 

3 departments for medical personnel covered by the 

4 program. 

5 SEC. 566. EXPANSION OF INSTRUCTION AVAILABLE AT THE 

6 NAVAL POSTGRADUATE SCHOOL FOR EN7 LISTED MEMBERS OF THE ARMED FORCES. 

8 (a) CERTIFICATE PROGRAMS AND COURSES.—Sub9 paragraph (C) of subsection (a)(2) of section 7045 of title 

10 10, United States Code, is amended by striking ‘‘Navy or 

11 Marine Corps’’ and inserting ‘‘armed forces’’. 

12 (b) GRADUATE LEVEL INSTRUCTION.—Such sub13 section is further amended— 

14 (1) by redesignating subparagraph (D) as sub15 paragraph (E); 

16 (2) by inserting after subparagraph (C) the fol17 lowing new subparagraph (D): 

18 ‘‘(D)(i) The Secretary may, pursuant to regulations 

19 prescribed by the Secretary, permit an eligible enlisted 

20 member of the armed forces to receive graduate level in21 struction at the Naval Postgraduate School in a program 

22 leading to a master’s degree in a technical, analytical, or 

23 engineering curricula. 


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1 ‘‘(ii) To be eligible for instruction under this subpara2 graph, an enlisted member shall hold a baccalaureate de3 gree granted by an institution of higher education. 

4 ‘‘(iii) Instruction shall be provided under this sub5 paragraph on a space-available basis. 

6 ‘‘(iv) An enlisted member who successfully completes 

7 a course of instruction under this subparagraph may be 

8 awarded a master’s degree under section 7048 of this title. 

9 ‘‘(v) The regulations prescribed under clause (i) may 

10 include criteria for eligibility of enlisted members for in11 struction under this subparagraph and obligations for fur12 ther service in the armed forces by enlisted members relat13 ing to receipt of such instruction.’’; and 

14 (3) in subparagraph (E), as so redesignated, by 

15 striking ‘‘and (C)’’ and inserting ‘‘(C), and (D)’’. 

16 (c) CONFORMING AMENDMENT.—Subsection (b)(2) 

17 of such section is amended by striking ‘‘(a)(2)(D)’’ and 

18 inserting ‘‘(a)(2)(E)’’. 

19 (d) REPEAL OF CERTAIN REQUIREMENTS ON IN20 STRUCTION.—Section 526 of the National Defense Au21 thorization Act for Fiscal Year 2006 (Public Law 109– 

22 163) is amended by striking subsections (c) and (d). 


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1 SEC. 567. MODIFICATION OF ACTIONS TO ADDRESS SEXUAL 

2 HARASSMENT AND SEXUAL VIOLENCE AT 

3 THE SERVICE ACADEMIES. 

4 (a) CLARIFICATION OF SCOPE OF ACTIONS.—Section 

5 527 of the National Defense Authorization Act for Fiscal 

6 Year 2004 (Public Law 108–136; 117 Stat. 1468; 10 

7 U.S.C. 4331 note) is amended— 

8 (1) in subsection (a)— 

9 (A) in the subsection caption, by inserting 

10 ‘‘SEXUAL’’ before ‘‘VIOLENCE’’; and 

11 (B) in paragraph (1)— 

12 (i) in subparagraph (A), by striking 

13 ‘‘personnel of’’ and inserting ‘‘cadets at’’; 

14 (ii) in subparagraph (B), by striking 

15 ‘‘personnel of’’ and inserting ‘‘midshipmen 

16 at’’; and 

17 (iii) in subparagraph (C), by striking 

18 ‘‘personnel of’’ and inserting ‘‘cadets at’’; 

19 (2) by inserting ‘‘sexual’’ before ‘‘violence’’ each 

20 place it appears; and 

21 (3) by striking ‘‘academy personnel’’ each place 

22 it appears and inserting ‘‘cadets or midshipmen’’. 

23 (b) ASSESSMENTS OF ACADEMY POLICIES.— 

24 (1) ADMINISTRATION OF ASSESSMENTS.—Sub25 section (b) of such section is further amended— 

26 (A) in paragraph (1)— 


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1 (i) by striking ‘‘to conduct’’ and in2 serting ‘‘to provide’’; and 

3 (ii) by inserting ‘‘(to be administered 

4 by the Department of Defense)’’ after ‘‘an 

5 assessment’’; and 

6 (B) in paragraph (2), by striking ‘‘shall 

7 conduct’’ and inserting ‘‘shall provide for the 

8 conduct of’’. 

9 (2) SCHEDULE FOR ASSESSMENTS.—Such sub10 section is further amended— 

11 (A) in the subsection caption, by striking 

12 ‘‘ANNUAL ASSESSMENT’’ and inserting ‘‘AS13 SESSMENTS REQUIRED’’; 

14 (B) in paragraph (1), by inserting ‘‘speci15 fied in paragraph (2)’’ after ‘‘each program 

16 year’’; and 

17 (C) in paragraph (2), by striking ‘‘2007, 

18 and 2008’’ and inserting ‘‘2008, and 2010’’. 

19 (c) REPORTS ON ACTIVITIES ON CAMPUS.—Sub20 section (c) of such section is further amended— 

21 (1) in the subsection caption, by striking ‘‘AN22 NUAL REPORT’’ and inserting ‘‘REPORTS’’; 

23 (2) in paragraph (1), by striking ‘‘2007, and 

24 2008’’ and inserting ‘‘2008, and 2010’’; 

25 (3) in paragraph (2)— 


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1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘The annual report’’ and in3 serting ‘‘The report’’; and 

4 (B) in subparagraph (D), by striking 

5 ‘‘each of the subsequent academy program 

6 years’’ and inserting ‘‘each other academy pro7 gram year covered by this subsection’’; and 

8 (4) in paragraphs (3) and (4), by striking ‘‘the 

9 annual’’ and inserting ‘‘each’’. 

10 (d) CONFORMING AMENDMENT.—The heading of 

11 such section is amended to read as follows: 

12 ‘‘SEC. 527. ACTIONS TO ADDRESS SEXUAL HARASSMENT 

13 AND SEXUAL VIOLENCE AT THE SERVICE 

14 ACADEMIES.’’. 

15 SEC. 568. DEPARTMENT OF DEFENSE POLICY ON SERVICE 

16 ACADEMY AND ROTC GRADUATES SEEKING 

17 TO PARTICIPATE IN PROFESSIONAL SPORTS 

18 BEFORE COMPLETION OF THEIR ACTIVE19 DUTY SERVICE OBLIGATIONS. 

20 (a) POLICY REQUIRED.— 

21 (1) IN GENERAL.—Not later than July 1, 2007, 

22 the Secretary of Defense shall prescribe the policy of 

23 the Department of Defense on— 

24 (A) whether to authorize graduates of the 

25 service academies and the Reserve Officers’ 


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1 Training Corps to participate in professional 

2 sports before the completion of their obligations 

3 for service on active duty as commissioned offi4 cers; and 

5 (B) if so, the obligations for service on ac6 tive duty as commissioned officers of such grad7 uates who participate in professional sports be8 fore the satisfaction of the obligations referred 

9 to in subparagraph (A). 

10 (2) REVIEW OF CURRENT POLICIES.—In pre11 scribing the policy, the Secretary shall review cur12 rent policies, practices, and regulations of the mili13 tary departments on the obligations for service on 

14 active duty as commissioned officers of graduates of 

15 the service academies and the Reserve Officers’ 

16 Training Corps, including policies on authorized 

17 leaves of absence and policies under excess leave pro18 grams. 

19 (3) CONSIDERATIONS.—In prescribing the pol20 icy, the Secretary shall take into account the fol21 lowing: 

22 (A) The compatibility of participation in 

23 professional sports (including training for pro24 fessional sports) with service on active duty in 


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1 the Armed Forces or as a member of a reserve 

2 component of the Armed Forces. 

3 (B) The benefits for the Armed Forces of 

4 waiving obligations for service on active duty 

5 for cadets, midshipmen, and commissioned offi6 cers in order to permit such individuals to par7 ticipate in professional sports. 

8 (C) The manner in which the military de9 partments have resolved issues relating to the 

10 participation of personnel in professional sports, 

11 including the extent of and any reasons for, dif12 ferences in the resolution of such issues by such 

13 departments. 

14 (D) The recoupment of the costs of edu15 cation provided by the service academies or 

16 under the Reserve Officers’ Training Corps pro17 gram if graduates of the service academies or 

18 the Reserve Officers’ Training Corps, as the 

19 case may be, do not complete the period of obli20 gated service to which they have agreed by rea21 son of participation in professional sports. 

22 (E) Any other matters that the Secretary 

23 considers appropriate. 

24 (b) ELEMENTS OF POLICY.—The policy prescribed 

25 under subsection (a) shall address the following matters: 


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1 (1) The eligibility of graduates of the service 

2 academies and the Reserve Officers’ Training Corps 

3 for a reduction in the obligated length of service on 

4 active duty as a commissioned officer otherwise re5 quired of such graduates on the basis of their par6 ticipation in professional sports. 

7 (2) Criteria for the treatment of an individual 

8 as a participant or potential participant in profes9 sional sports. 

10 (3) The effect on obligations for service on ac11 tive duty as a commissioned officer of any 

12 unsatisfied obligations under prior enlistment con13 tracts or other forms of advanced education assist14 ance. 

15 (4) Any authorized variations in the policy that 

16 are warranted by the distinctive requirements of a 

17 particular Armed Force. 

18 (5) The eligibility of individuals for medical dis19 charge or disability benefits as a result of injuries 

20 incurred while participating in professional sports. 

21 (6) A prospective effective date for the policy 

22 and for the application of the policy to individuals 

23 serving on such effective date as a commissioned of24 ficer, cadet, or midshipman. 


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1 (c) APPLICATION OF POLICY TO ARMED FORCES.— 

2 Not later than December 1, 2007, the Secretary of each 

3 military department shall prescribe regulations, or modify 

4 current regulations, in order to implement the policy pre5 scribed by the Secretary of Defense under subsection (a) 

6 with respect to the Armed Forces under the jurisdiction 

7 of such Secretary. 

8 Subtitle E—Defense Dependents 

9 Education Matters 

10 SEC. 571. FUNDING FOR ASSISTANCE TO LOCAL EDU11 CATIONAL AGENCIES THAT BENEFIT DE12 PENDENTS OF MEMBERS OF THE ARMED 

13 FORCES AND DEPARTMENT OF DEFENSE CI14 VILIAN EMPLOYEES. 

15 (a) FUNDING FOR FISCAL YEAR 2007.—Of the 

16 amount authorized to be appropriated pursuant to section 

17 301(5) for operation and maintenance for Defense-wide 

18 activities— 

19 (1) $30,000,000 shall be available only for the 

20 purpose of providing assistance to local educational 

21 agencies under section 572(a) of the National De22 fense Authorization Act for Fiscal Year 2006 (Pub23 lic Law 109–163; 119 Stat. 3271; 20 U.S.C. 

24 7703b); and 


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1 (2) $10,000,000 shall be available only for the 

2 purpose of providing assistance to local educational 

3 agencies under section 572(b) of that Act. 

4 (b) TREATMENT OF FUNDING FOR NOTIFICATION

5 PURPOSES.—The funding provided under subsection (a) 

6 for fiscal year 2007 shall be treated as funding for that 

7 fiscal year for purposes of the notification of local edu8 cational agencies required by section 572(c) of the Na9 tional Defense Authorization Act for Fiscal Year 2006 

10 (119 Stat. 3272). 

11 SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DIS12 ABILITIES. 

13 Of the amount authorized to be appropriated pursu14 ant to section 301(5) for operation and maintenance for 

15 Defense-wide activities, $5,000,000 shall be available for 

16 payments under section 363 of the Floyd D. Spence Na17 tional Defense Authorization Act for Fiscal Year 2001 (as 

18 enacted into law by Public Law 106–398; 114 Stat. 

19 1654A–77; 20 U.S.C. 7703a). 

20 SEC. 573. PLAN TO ASSIST LOCAL EDUCATIONAL AGENCIES 

21 EXPERIENCING GROWTH IN ENROLLMENT 

22 DUE TO FORCE STRUCTURE CHANGES, RELO23 CATION OF MILITARY UNITS, OR BRAC. 

24 (a) PLAN REQUIRED.—Not later than January 1, 

25 2007, the Secretary of Defense shall submit to the conVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 gressional defense committees a report setting forth a plan 

2 to provide assistance to local educational agencies that ex3 perience growth in the enrollment of military dependent 

4 students as a result of any of the following events: 

5 (1) Force structure changes. 

6 (2) The relocation of a military unit. 

7 (3) The closure or realignment of military in8 stallations pursuant to defense base closure and re9 alignment under the base closure laws. 

10 (b) ELEMENTS.—The report required by subsection 

11 (a) shall include the following: 

12 (1) An identification, current as of the date of 

13 the report, of the total number of military dependent 

14 students who are anticipated to be arriving at or de15 parting from military installations as a result of any 

16 event described in subsection (a), including— 

17 (A) an identification of the military instal18 lations affected by such arrivals and departures; 

19 (B) an estimate of the number of such stu20 dents arriving at or departing from each such 

21 installation; and 

22 (C) the anticipated schedule of such arriv23 als and departures. 

24 (2) Such recommendations as the Office of Eco25 nomic Adjustment of the Department of Defense 


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1 considers appropriate for means of assisting affected 

2 local educational agencies in accommodating in3 creases in enrollment of military dependent students 

4 as a result of any such event. 

5 (3) A plan for outreach to be conducted to af6 fected local educational agencies, commanders of 

7 military installations, and members of the Armed 

8 Forces and civilian personnel of the Department of 

9 Defense regarding information on the assistance to 

10 be provided under the plan under subsection (a). 

11 (c) UPDATE.—Not later than July 1, 2007, and every 

12 six months thereafter through January 1, 2011, the Sec13 retary shall submit to the congressional defense commit14 tees an update of the report required by subsection (a). 

15 Each update shall include an update of each matter re16 quired under subsection (b) current as of the date of such 

17 update. 

18 (d) DEFINITIONS.—In this section: 

19 (1) The term ‘‘base closure law’’ has the mean20 ing given that term in section 101 of title 10, United 

21 States Code. 

22 (2) The term ‘‘local educational agency’’ has 

23 the meaning given that term in section 8013(9) of 

24 the Elementary and Secondary Education Act of 

25 1965 (20 U.S.C. 7713(9)). 


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1 (3) The term ‘‘military dependent students’’ re2 fers to— 

3 (A) elementary and secondary school stu4 dents who are dependents of members of the 

5 Armed Forces; and 

6 (B) elementary and secondary school stu7 dents who are dependents of civilian employees 

8 of the Department of Defense. 

9 SEC. 574. PILOT PROGRAM ON PARENT EDUCATION TO 

10 PROMOTE EARLY CHILDHOOD EDUCATION 

11 FOR DEPENDENT CHILDREN AFFECTED BY 

12 MILITARY DEPLOYMENT OR RELOCATION OF 

13 MILITARY UNITS. 

14 (a) PILOT PROGRAM REQUIRED.—The Secretary of 

15 Defense shall carry out a pilot program on the provision 

16 of educational and support tools to the parents of pre17 school-age children— 

18 (1) whose parent or parents serve as members 

19 of the Armed Forces on active duty (including mem20 bers of the Selected Reserve on active duty pursuant 

21 to a call or order to active duty of 180 days or 

22 more); and 

23 (2) who are affected by the deployment of their 

24 parent or parents or the relocation of the military 

25 unit of which their parent or parents are a member. 


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1 (b) PURPOSE.—The purpose of the pilot program is 

2 to develop models for improving the capability of military 

3 child and youth programs on or near military installations 

4 to provide assistance to military parents with young chil5 dren through a program of activities focusing on the 

6 unique needs of children described in subsection (a). 

7 (c) DURATION OF PROGRAM.—The pilot program 

8 shall commence on October 1, 2007, and shall conclude 

9 on September 30, 2010. 

10 (d) SCOPE OF PROGRAM.—The pilot program shall 

11 utilize one or more models (demonstrated through re12 search) of universal access of parents of children described 

13 in subsection (a) to assistance under the pilot program 

14 in order to achieve the following goals: 

15 (1) The identification and mitigation of specific 

16 risk factors for such children related to military life. 

17 (2) The maximization of the educational readi18 ness of such children. 

19 (e) LOCATIONS.— 

20 (1) IN GENERAL.—The pilot program shall be 

21 carried out at military installations selected by the 

22 Secretary for purposes of this section from among 

23 military installations whose military personnel are 

24 experiencing significant transition or deployment or 

25 which are undergoing transition as a result of the 


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1 relocation or activation of military units or activities 

2 relating to defense base closure and realignment. 

3 (2) SELECTION OF CERTAIN INSTALLATIONS.— 

4 At least one of the installations selected by the Sec5 retary under paragraph (1) shall be an installation 

6 that permits the meaningful evaluation of a model 

7 under subsection (d) that provides outreach to par8 ents in families with a parent who is a member of 

9 the National Guard or Reserve, which families live 

10 more than 40 miles from the installation so selected. 

11 (f) GOALS OF PARTICIPATING INSTALLATIONS.—Ap12 propriate personnel at each military installation selected 

13 for participation in the pilot program shall develop goals, 

14 and specific outcome measures with respect to such goals, 

15 for the conduct of the pilot program at such installation. 

16 (g) EVALUATION.— 

17 (1) EVALUATION REQUIRED.—Upon completion 

18 of the pilot program at a military installation, the 

19 personnel referred to in subsection (f) at such instal20 lation shall conduct an evaluation and assessment of 

21 the success of the pilot program at such installation 

22 in meeting the goals developed under that sub23 section. 

24 (2) REPORT.—Upon completion of the evalua25 tions under paragraph (1) for all military installaVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00180 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 tions participating in the pilot program, the Sec2 retary of Defense shall submit to the congressional 

3 defense committees a report on such evaluations. 

4 The report shall describe the results of such evalua5 tions, and may include such recommendations for 

6 legislative or administrative action as the Secretary 

7 considers appropriate in light of such evaluations, 

8 including recommendations for the continuation of 

9 the pilot program. 

10 (h) GUIDELINES.—The Secretary shall issue guide11 lines applicable to the pilot program, including guidelines 

12 on the goals to be developed under subsection (f), specific 

13 outcome measures, and guidelines on the selection of cur14 riculum and the conduct of developmental screening under 

15 the pilot program. 

16 (i) FUNDING.—Of the amounts authorized to be ap17 propriated by section 301(1) for operation and mainte18 nance for the Army, $1,500,000 shall be available to carry 

19 out the pilot program in fiscal year 2007. 

20 Subtitle F—Other Matters 

21 SEC. 581. ADMINISTRATION OF OATHS. 

22 (a) IN GENERAL.—Section 502 of title 10, United 

23 States Code, is amended by striking the flush matter at 

24 the end and inserting the following new flush matter: 


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1 ‘‘This oath may be taken before the President, the Vice 

2 President, the Secretary of Defense, any commissioned of3 ficer of any armed force, or any other person designated 

4 under regulations prescribed by the Secretary of De5 fense.’’. 

6 (b) CONFORMING AMENDMENT.—Section 1031 of 

7 such title is amended by striking ‘‘Any commissioned offi8 cer’’ and all that follows through ‘‘on active duty,’’ and 

9 inserting ‘‘The President, the Vice President, the Sec10 retary of Defense, any commissioned officer of an armed 

11 force, or any other person designated under regulations 

12 prescribed by the Secretary of Defense’’. 

13 SEC. 582. MILITARY ID CARDS FOR RETIREE DEPENDENTS 

14 WHO ARE PERMANENTLY DISABLED. 

15 (a) IN GENERAL.—Subsection (a) of section 1060b 

16 of title 10, United States Code, is amended to read as 

17 follows: 

18 ‘‘(a) ISSUANCE OF PERMANENT ID CARD.—(1) In 

19 issuing military ID cards to retiree dependents, the Sec20 retary concerned shall issue a permanent ID card (not 

21 subject to renewal) to any such retiree dependent as fol22 lows: 

23 ‘‘(A) A retiree dependent who has attained 75 

24 years of age. 


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1 ‘‘(B) A retiree dependent who is permanently 

2 disabled. 

3 ‘‘(2) A permanent ID card shall be issued to a retiree 

4 dependent under paragraph (1)(A) upon the expiration, 

5 after the retiree dependent attains 75 years of age, of any 

6 earlier, renewable military card or, if earlier, upon the re7 quest of the retiree dependent after attaining age 75.’’. 

8 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

9 (1) HEADING AMENDMENT.—The heading of 

10 such section is amended to read as follows: 

11 ‘‘§ 1060b. Military ID cards: dependents and survivors 

12 of retirees’’. 

13 (2) CLERICAL AMENDMENT.—The table of sec14 tions at the beginning of chapter 53 of such title is 

15 amended by striking the item relating to section 

16 1060b and inserting the following new item: 

‘‘1060b. Military ID cards: dependents and survivors of retirees.’’. 

17 SEC. 583. MILITARY VOTING MATTERS. 

18 (a) REPEAL OF PERIODIC INSPECTOR GENERAL IN19 STALLATION VISITS FOR ASSESSMENT OF VOTING AS20 SISTANCE PROGRAMS.—Section 1566 of title 10, United 

21 States Code, is amended— 

22 (1) by striking subsection (d); and 

23 (2) by redesignating subsections (e) through (i) 

24 as subsections (d) through (h), respectively. 


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1 (b) COMPTROLLER GENERAL REPORT.—Not later 

2 than March 1, 2007, the Comptroller General of the 

3 United States shall submit to Congress a report con4 taining the assessment of the Comptroller General with 

5 respect to the following: 

6 (1) The programs and activities undertaken by 

7 the Department of Defense to facilitate voter reg8 istration, transmittal of ballots to absentee voters, 

9 and voting utilizing electronic means of communica10 tion (such as electronic mail and fax transmission) 

11 for military and civilian personnel covered by the 

12 Uniformed and Overseas Citizens Absentee Voting 

13 Act (42 U.S.C. 1973ff et seq.). 

14 (2) The progress of the Department of Defense 

15 and the Election Assistance Commission in devel16 oping a secure, deployable system for Internet-based 

17 electronic voting pursuant to the amendment made 

18 by section 567 of the Ronald W. Reagan National 

19 Defense Authorization Act for Fiscal Year 2005 

20 (Public Law 108–375; 118 Stat. 1919). 

21 SEC. 584. PRESENTATION OF MEDAL OF HONOR FLAG TO 

22 PRIMARY NEXT OF KIN OF MEDAL OF HONOR 

23 RECIPIENTS. 

24 (a) ARMY RECIPIENTS.—Section 3755 of title 10, 

25 United States Code, is amended— 


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1 (1) by inserting ‘‘(a) PRESENTATION TO

2 MEDAL OF HONOR RECIPIENTS.—’’ before ‘‘The 

3 President’’; and 

4 (2) by striking ‘‘after October 23, 2002’’; and 

5 (3) by adding at the end the following new sub6 section: 

7 ‘‘(b) PRESENTATION TO PRIMARY NEXT OF KIN.— 

8 The President may provide for the presentation of a Medal 

9 of Honor Flag to the primary living next of kin (as des10 ignated by the Secretary of Defense in regulations pre11 scribed for purposes of this section) of a deceased medal 

12 of honor recipient described in subsection (a).’’. 

13 (b) NAVY AND MARINE CORPS RECIPIENTS.—Sec14 tion 6257 of such title is amended— 

15 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

16 ‘‘The President’’; and 

17 (2) by striking ‘‘after October 23, 2002’’; and 

18 (3) by adding at the end the following new sub19 section: 

20 ‘‘(b) PRESENTATION TO PRIMARY NEXT OF KIN.— 

21 The President may provide for the presentation of a Medal 

22 of Honor Flag to the primary living next of kin (as des23 ignated by the Secretary of Defense in regulations pre24 scribed for purposes of this section) of a deceased medal 

25 of honor recipient described in subsection (a).’’. 


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1 (c) AIR FORCE RECIPIENTS.—Section 8755 of such 

2 title is amended— 

3 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

4 ‘‘The President’’; and 

5 (2) by striking ‘‘after October 23, 2002’’; and 

6 (3) by adding at the end the following new sub7 section: 

8 ‘‘(b) PRESENTATION TO PRIMARY NEXT OF KIN.— 

9 The President may provide for the presentation of a Medal 

10 of Honor Flag to the primary living next of kin (as des11 ignated by the Secretary of Defense in regulations pre12 scribed for purposes of this section) of a deceased medal 

13 of honor recipient described in subsection (a).’’. 

14 (d) COAST GUARD RECIPIENTS.—Section 505 of title 

15 14, United States Code, is amended— 

16 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

17 ‘‘The President’’; and 

18 (2) by striking ‘‘after October 23, 2002’’; and 

19 (3) by adding at the end the following new sub20 section: 

21 ‘‘(b) PRESENTATION TO PRIMARY NEXT OF KIN.— 

22 The President may provide for the presentation of a Medal 

23 of Honor Flag to the primary living next of kin (as des24 ignated by the Secretary of Homeland Security in regulaVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 tions prescribed for purposes of this section) of a deceased 

2 medal of honor recipient described in subsection (a).’’. 

3 SEC. 585. MODIFICATION OF EFFECTIVE PERIOD OF AU4 THORITY TO PRESENT RECOGNITION ITEMS 

5 FOR RECRUITMENT AND RETENTION PUR6 POSES. 

7 Subsection (d) of section 2261 of title 10, United 

8 States Code, is amended to read as follows: 

9 ‘‘(d) EFFECTIVE PERIOD.—The authority under this 

10 section shall be in effect during the period of any war or 

11 national emergency declared by the President or Con12 gress.’’. 

13 SEC. 586. MILITARY SEVERELY INJURED CENTER. 

14 (a) CENTER REQUIRED.—In support of the com15 prehensive policy on the provision of assistance to severely 

16 wounded or injured servicemembers required by section 

17 563 of the National Defense Authorization Act for Fiscal 

18 Year 2006 (Public Law 109–163; 119 Stat. 3269; 10 

19 U.S.C. 113 note), the Secretary of Defense shall establish 

20 within the Department of Defense a center to augment 

21 and support the programs and activities of the military 

22 departments for the provision of such assistance, including 

23 the programs of the military departments referred to in 

24 subsection (c). 


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1 (b) DESIGNATION.—The center established under 

2 subsection (a) shall be known as the ‘‘Military Severely 

3 Injured Center’’ (in this section referred to as the ‘‘Cen4 ter’’). 

5 (c) PROGRAMS OF THE MILITARY DEPARTMENTS.— 

6 The programs of the military departments referred to in 

7 this subsection are as follows: 

8 (1) The Army Wounded Warrior Support Pro9 gram. 

10 (2) The Navy Safe Harbor Program. 

11 (3) The Palace HART Program of the Air 

12 Force. 

13 (4) The Marine for Life Injured Support Pro14 gram of the Marine Corps. 

15 (d) ACTIVITIES OF CENTER.— 

16 (1) IN GENERAL.—The Center shall carry out 

17 such programs and activities to augment and sup18 port the programs and activities of the military de19 partments for the provision of assistance through in20 dividual case management to severely wounded or in21 jured servicemembers and their families as the Sec22 retary of Defense, in consultation with the Secre23 taries of the military departments and the heads of 

24 other appropriate departments and agencies of the 

25 Federal Government (including the Department of 


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1 Labor and the Department of Veterans Affairs), 

2 shall assign the Center. 

3 (2) DATABASE.—The activities of the Center 

4 under this subsection shall include the establishment 

5 and maintenance of a central database of informa6 tion for purposes of tracking severely wounded or in7 jured servicemembers. 

8 (e) RESOURCES.—The Secretary of Defense shall al9 locate to the Center such personnel and other resources 

10 as the Secretary of Defense, in consultation with the Sec11 retaries of the military departments, considers appropriate 

12 in order to permit the Center to carry out effectively the 

13 programs and activities assigned to the Center under sub14 section (d). 

15 TITLE VI—COMPENSATION AND 

16 OTHER PERSONNEL BENEFITS 

17 Subtitle A—Pay and Allowances 

18 SEC. 601. FISCAL YEAR 2007 INCREASE IN MILITARY BASIC 

19 PAY AND REFORM OF BASIC PAY RATES. 

20 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 

21 adjustment to become effective during fiscal year 2007 re22 quired by section 1009 of title 37, United States Code, 

23 in the rates of monthly basic pay authorized members of 

24 the uniformed services shall not be made. 


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1 (b) JANUARY 1, 2007, INCREASE IN BASIC PAY.— 

2 Effective on January 1, 2007, the rates of monthly basic 

3 pay for members of the uniformed services are increased 

4 by 2.2 percent. 

5 (c) REFORM OF BASIC PAY RATES.—Effective on 

6 April 1, 2007, the rates of monthly basic pay for members 

7 of the uniformed services within each pay grade are as 

8 follows: 


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MONTHLY BASIC PAY 

COMMISSIONED OFFICERS 1

Years of service computed under section 205 of title 37, United States Code 

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 

O–10 2 .. $0.00 $0.00 $0.00 $0.00 $0.00 

O–9 ...... 0.00 0.00 0.00 0.00 0.00 

O–8 ...... 8,453.10 8,729.70 8,913.60 8,964.90 9,194.10 

O–7 ...... 7,023.90 7,350.00 7,501.20 7,621.20 7,838.40 

O–6 ...... 5,206.20 5,719.20 6,094.50 6,094.50 6,117.60 

O–5 ...... 4,339.80 4,888.80 5,227.50 5,291.10 5,502.00 

O–4 ...... 3,744.60 4,334.70 4,623.90 4,688.40 4,956.90 

O–3 3 .... 3,292.20 3,732.30 4,028.40 4,392.00 4,602.00 

O–2 3 .... 2,844.30 3,239.70 3,731.40 3,857.40 3,936.60 

O–1 3 .... 2,469.30 2,569.80 3,106.50 3,106.50 3,106.50 

Over 8 Over 10 Over 12 Over 14 Over 16 

O–10 2 .. $0.00 $0.00 $0.00 $0.00 $0.00 

O–9 ...... 0.00 0.00 0.00 0.00 0.00 

O–8 ...... 9,577.20 9,666.30 10,030.20 10,134.30 10,447.80 

O–7 ...... 8,052.90 8,301.30 8,548.80 8,797.20 9,577.20 

O–6 ...... 6,380.10 6,414.60 6,414.60 6,779.10 7,423.80 

O–5 ...... 5,628.60 5,906.40 6,110.10 6,373.20 6,776.40 

O–4 ...... 5,244.60 5,602.80 5,882.40 6,076.20 6,187.50 

O–3 3 .... 4,833.30 4,982.70 5,228.40 5,355.90 5,355.90 

O–2 3 .... 3,936.60 3,936.60 3,936.60 3,936.60 3,936.60 

O–1 3 .... 3,106.50 3,106.50 3,106.50 3,106.50 3,106.50 

Over 18 Over 20 Over 22 Over 24 Over 26 

O–10 2 .. $0.00 $13,659.00 $13,725.90 $14,011.20 $14,508.60 

O–9 ...... 0.00 11,946.60 12,118.50 12,367.20 12,801.30 

O–8 ...... 10,900.80 11,319.00 11598.30 11,598.30 11,598.30 

O–7 ...... 10,236.00 10,236.00 10,236.00 10,236.00 10,287.90 

O–6 ...... 7,802.10 8,180.10 8,395.20 8,613.00 9,035.70 

O–5 ...... 6,968.10 7,158.00 7,373.10 7,373.10 7,373.10 

O–4 ...... 6,252.30 6,252.30 6,252.30 6,252.30 6,252.30 

O–3 3 .... 5,355.90 5,355.90 5,355.90 5,355.90 5,355.90 

O–2 3 .... 3,936.60 3,936.60 3,936.60 3,936.60 3,936.60 

O–1 3 .... 3,106.50 3,106.50 3,106.50 3,106.50 3,106.50 

Over 28 Over 30 Over 32 Over 34 Over 36 

O–10 2 .. $14,508.60 $15,234.00 $15,234.00 $15,995.70 $15,995.70 

O–9 ...... 12,801.30 13,441.50 13,441.50 14,113.50 14,113.50 

O–8 ...... 11,598.30 11,888.40 11,888.40 12,185.70 12,185.70 

O–7 ...... 10,287.90 10,493.70 10,493.70 10,493.70 10,493.70 

O–6 ...... 9,035.70 9,216.30 9,216.30 9,216.30 9,216.30 

O–5 ...... 7,373.10 7,373.10 7,373.10 7,373.10 7,373.10 

O–4 ...... 6,252.30 6,252.30 6,252.30 6,252.30 6,252.30 

O–3 3 .... 5,355.90 5,355.90 5,355.90 5,355.90 5,355.90 

O–2 3 .... 3,936.60 3,936.60 3,936.60 3,936.60 3,936.60 

O–1 3 .... 3,106.50 3,106.50 3,106.50 3,106.50 3,106.50 

Over 38 Over 40 

O–10 2 .. $16,795.50 $16,795.50 

O–9 ...... 14,819.10 14,819.10 

O–8 ...... 12,185.70 12,185.70 

O–7 ...... 10,493.70 10,493.70 

O–6 ...... 9,216.30 9,216.30 

O–5 ...... 7,373.10 7,373.10 

O–4 ...... 6,252.30 6,252.30 

O–3 3 .... 5,355.90 5,355.90 

O–2 3 .... 3,936.60 3,936.60 

O–1 3 .... 3,106.50 3,106.50 

1Notwithstanding the pay rates specified in this table, the actual basic pay for commissioned officers in grades 

O–7 through O–10 may not exceed the rate of pay for level II of the Executive Schedule and the actual basic 

pay for all other officers, including warrant officers, may not exceed the rate of pay for level V of the Executive 

Schedule. 


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2 Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, 

Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, Commandant of the Coast Guard, or commander of a unified or specified combatant command (as 

defined in section 161(c) of title 10, United States Code), basic pay for this grade is calculated to be 

$17,972.10, regardless of cumulative years of service computed under section 205 of title 37, United States 

Code. 3This table does not apply to commissioned officers in the grade O–1, O–2, or O–3 who have been credited 

with over 4 years of active duty service as an enlisted member or warrant officer. 


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COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE 

AS AN ENLISTED MEMBER OR WARRANT OFFICER 

Years of service computed under section 205 of title 37, United States Code 

Pay 

Grade 2 or less Over 2 Over 3 Over 4 Over 6 

O–3E .. $0.00 $0.00 $0.00 $4,392.00 $4,602.00 

O–2E .. 0.00 0.00 0.00 3,857.40 3,936.60 

O–1E .. 0.00 0.00 0.00 3,106.50 3,317.70 

Over 8 Over 10 Over 12 Over 14 Over 16 

O–3E .. $4,833.00 $4,982.70 $5,228.40 $5,435.40 $5,554.20 

O–2E .. 4,062.00 4,273.50 4,437.00 4,558.80 4,558.80 

O–1E .. 3,440.10 3,565.50 3,688.80 3,857.40 3,857.40 

Over 18 Over 20 Over 22 Over 24 Over 26 

O–3E .. $5,715.90 $5,715.90 $5,715.90 $5,715.90 $5,715.90 

O–2E .. 4,558.80 4,558.80 4,558.80 4,558.80 4,558.80 

O–1E .. 3,857.40 3,857.40 3,857.40 3,857.40 3,857.40 

Over 28 Over 30 Over 32 Over 34 Over 36 

O–3E .. $5,715.90 $5,715.90 $5,715.90 $5,715.90 $5,715.90 

O–2E .. 4,558.80 4,558.80 4,558.80 4,558.80 4,558.80 

O–1E .. 3,857.40 3,857.40 3,857.40 3,857.40 3,857.40 

Over 38 Over 40 

O–3E .. $5,715.90 $5,715.90 

O–2E .. 4,558.80 4,558.80 

O–1E .. 3,857.40 3,857.40 


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WARRANT OFFICERS 

Years of service computed under section 205 of title 37, United States Code 

Pay 

Grade 2 or less Over 2 Over 3 Over 4 Over 6 

W–5 .... $0.00 $0.00 $0.00 $0.00 $0.00 

W–4 .... 3,402.00 3,660.00 3,765.00 3,868.50 4,046.40 

W–3 .... 3,106.80 3,236.40 3,369.00 3,412.80 3,552.00 

W–2 .... 2,749.20 3,009.30 3,089.40 3,144.60 3,322.80 

W–1 .... 2,413.20 2,672.40 2,742.90 2,890.50 3,065.10 

Over 8 Over 10 Over 12 Over 14 Over 16 

W–5 .... $0.00 $0.00 $0.00 $0.00 $0.00 

W–4 .... 4,222.20 4,400.70 4,669.20 4,904.40 5,128.20 

W–3 .... 3,825.90 4,110.90 4,245.30 4,400.40 4,560.30 

W–2 .... 3,600.00 3,737.10 3,872.40 4,037.70 4,166.70 

W–1 .... 3,322.20 3,442.20 3,610.20 3,775.50 3,905.10 

Over 18 Over 20 Over 22 Over 24 Over 26 

W–5 .... $0.00 $6,049.50 $6,356.40 $6,585.00 $6,838.20 

W–4 .... 5,310.90 5,489.70 5,752.20 5,967.60 6,213.60 

W–3 .... 4,847.70 5,042.40 5,158.50 5,282.10 5,450.10 

W–2 .... 4,284.00 4,423.80 4,515.90 4,589.40 4,589.40 

W–1 .... 4,024.50 4,170.00 4,170.00 4,170.00 4,170.00 

Over 28 Over 30 Over 32 Over 34 Over 36 

W–5 .... $6,838.20 $7,180.20 $7,180.20 $7,539.30 $7,539.30 

W–4 .... 6,213.60 6,337.80 6,337.80 6,337.80 6,337.80 

W–3 .... 5,450.10 5,450.10 5,450.10 5,450.10 5,450.10 

W–2 .... 4,589.40 4,589.40 4,589.40 4,589.40 4,589.40 

W–1 .... 4,170.00 4,170.00 4,170.00 4,170.00 4,170.00 

Over 38 Over 40 

W–5 .... $7,916.40 $7,916.40 

W–4 .... 6,337.80 6,337.80 

W–3 .... 5,450.10 5,450.10 

W–2 .... 4,589.50 4,589.40 

W–1 .... 4,170.00 4,170.00 


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ENLISTED MEMBERS 1

Years of service computed under section 205 of title 37, United States Code 

Pay Grade 2 or less Over 2 Over 3 Over 4 Over 6 

E–9 2 .... $0.00 $0.00 $0.00 $0.00 $0.00 

E–8 ...... 0.00 0.00 0.00 0.00 0.00 

E–7 ...... 2,339.10 2,553.00 2,650.80 2,780.70 2,881.50 

E–6 ...... 2,023.20 2,226.00 2,324.40 2,419.80 2,519.40 

E–5 ...... 1,854.00 1,977.90 2,073.30 2,171.40 2,323.80 

E–4 ...... 1,699.50 1,786.50 1,883.10 1,978.50 2,062.80 

E–3 ...... 1,534.20 1,630.80 1,729.20 1,729.20 1,729.20 

E–2 ...... 1,458.90 1,458.90 1,458.90 1,458.90 1,458.90 

E–1 ...... 31,301.40 1,301.40 1,301.40 1,301.40 1,301.40 

Over 8 Over 10 Over 12 Over 14 Over 16 

E–9 2 .... $0.00 $4,110.60 $4,203.90 $4,321.20 $4,459.50 

E–8 ...... 3,364.80 3,513.90 3,606.00 3,716.40 3,835.80 

E–7 ...... 3,055.20 3,152.70 3,326.70 3,471.00 3,569.70 

E–6 ...... 2,744.10 2,831.40 3,000.00 3,051.90 3,089.70 

E–5 ...... 2,483.70 2,613.90 2,630.10 2,630.10 2,630.10 

E–4 ...... 2,062.80 2,062.80 2,062.80 2,062.80 2,062.80 

E–3 ...... 1,729.20 1,729.20 1,729.20 1,729.20 1,729.20 

E–2 ...... 1,458.90 1,458.90 1,458.90 1,458.90 1,458.90 

E–1 ...... 1,301.40 1,301.40 1,301.40 1,301.40 1,301.40 

Over 18 Over 20 Over 22 Over 24 Over 26 

E–9 2 .... $4,598.40 $4,821.60 $5,010.30 $5,209.20 $5,512.80 

E–8 ...... 4,051.80 4,161.30 4,347.30 4,450.50 4,704.90 

E–7 ...... 3,674.40 3,715.50 3,852.00 3,925.20 4,204.20 

E–6 ...... 3,133.50 3,133.50 3,133.50 3,133.50 3,133.50 

E–5 ...... 2,630.10 2,630.10 2,630.10 2,630.10 2,630.10 

E–4 ...... 2,062.80 2,062.80 2,062.80 2,062.80 2,062.80 

E–3 ...... 1,729.20 1,729.20 1,729.20 1,729.20 1,729.20 

E–2 ...... 1,458.90 1,458.90 1,458.90 1,458.90 1,458.90 

E–1 ...... 1,301.40 1,301.40 1,301.40 1,301.40 1,301.40 

Over 28 Over 30 Over 32 Over 34 Over 36 

E–9 2 .... $5,512.80 $5,788.50 $5,788.50 $6,078.00 $6,078.00 

E–8 ...... 4,704.90 4,799.10 4,799.10 4,799.10 4,799.10 

E–7 ...... 4,204.20 4,204.20 4,204.20 4,204.20 4,204.20 

E–6 ...... 3,133.50 3,133.50 3,133.50 3,133.50 3,133.50 

E–5 ...... 2,630.10 2,630.10 2,630.10 2,630.10 2,630.10 

E–4 ...... 2,062.80 2,062.80 2,062.80 2,062.80 2,062.80 

E–3 ...... 1,729.20 1,729.20 1,729.20 1,729.20 1,729.20 

E–2 ...... 1,458.90 1,458.90 1,458.90 1,458.90 1,458.90 

E–1 ...... 1,301.40 1,301.40 1,301.40 1,301.40 1,301.40 

Over 38 Over 40 

E–9 2 .... $6,381.90 $6,381.90 

E–8 ...... 4,799.10 4,799.10 

E–7 ...... 4,204.20 4,204.20 

E–6 ...... 3,133.50 3,133.50 

E–5 ...... 2,630.10 2,630.10 

E–4 ...... 2,062.80 2,062.80 

E–3 ...... 1,729.20 1,729.20 

E–2 ...... 1,458.90 1,458.90 

E–1 ...... 1,301.40 1,301.40 

1Notwithstanding the pay rates specified in this table, the actual basic pay for enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief Petty Officer 

of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine Corps, Master Chief Petty 

Officer of the Coast Guard, or Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, basic pay 

for this grade is $6,642.60, regardless of cumulative years of service computed under section 205 of title 37, 

United States Code. 3 In the case of members in the grade E–1 who have served less than 4 months on active duty, basic pay is 

$1,203.90. 


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1 SEC. 602. INCREASE IN MAXIMUM RATE OF BASIC PAY FOR 

2 GENERAL AND FLAG OFFICER GRADES. 

3 (a) INCREASE.—Section 203(a)(2) of title 37, United 

4 States Code, is amended by striking ‘‘level III of the Exec5 utive Schedule’’ and inserting ‘‘level II of the Executive 

6 Schedule’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall take effect on January 1, 2007, and 

9 shall apply with respect to months beginning on or after 

10 that date. 

11 SEC. 603. CLARIFICATION OF EFFECTIVE DATE OF PROHI12 BITION ON COMPENSATION FOR COR13 RESPONDENCE COURSES. 

14 Section 206(d) of title 37, United States Code, is 

15 amended by adding at the end the following new para16 graph: 

17 ‘‘(3) The prohibition in this subsection (including the 

18 prohibition as it relates to a member of the National 

19 Guard while not in Federal service) shall apply to— 

20 ‘‘(A) any work or study performed on or after 

21 September 7, 1962; and 

22 ‘‘(B) any claim based on such work or study 

23 arising after that date.’’. 


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1 SEC. 604. ONE-YEAR EXTENSION OF PROHIBITION AGAINST 

2 REQUIRING CERTAIN INJURED MEMBERS TO 

3 PAY FOR MEALS PROVIDED BY MILITARY 

4 TREATMENT FACILITIES. 

5 (a) EXTENSION.—Section 402(h)(3) of title 37, 

6 United States Code, is amended by striking ‘‘December 

7 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

8 (b) REPORT ON ADMINISTRATION OF PROHIBI9 TION.—Not later than February 1, 2007, the Secretary 

10 of Defense shall submit to the congressional defense com11 mittees a report on the administration of section 

12 402(h)(3) of title 37, United States Code (as amended by 

13 subsection (a)). The report shall include— 

14 (1) a description and assessment of the mecha15 nisms used by the military departments to imple16 ment the prohibition contained in such section; and 

17 (2) such recommendations as the Secretary con18 siders appropriate regarding making such prohibi19 tion permanent. 

20 SEC. 605. ADDITIONAL HOUSING ALLOWANCE FOR RE21 SERVES ON ACTIVE DUTY IN SUPPORT OF A 

22 CONTINGENCY OPERATION. 

23 (a) IN GENERAL.—Section 403(g) of title 37, United 

24 States Code, is amended— 

25 (1) by redesignating paragraphs (2), (3), and 

26 (4) as paragraphs (3), (4), and (5), respectively; 


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1 (2) by inserting after paragraph (1) the fol2 lowing new paragraph (2): 

3 ‘‘(2)(A) Under regulations prescribed by the Sec4 retary of Defense and the Secretary of Homeland Security 

5 with respect to the Coast Guard when it is not operating 

6 as a service in the Department of the Navy, the Secretary 

7 concerned may authorize payment of a housing allowance 

8 to a member described in paragraph (1) at a monthly rate 

9 equal to the rate of the basic allowance for housing under 

10 subsection (b) or the overseas basic allowance for housing 

11 under subsection (c), whichever applies to that location, 

12 for members of the regular components at that location 

13 in the same grade without dependents. 

14 ‘‘(B) A member may concurrently receive a basic al15 lowance for housing under paragraph (1) and a housing 

16 allowance under this paragraph, but may not receive the 

17 portion of the allowance, if any, authorized under section 

18 404 of this title for lodging expenses if a housing allow19 ance is authorized to be paid under this paragraph.’’; and 

20 (3) in paragraph (3), as so redesignated, by 

21 striking ‘‘Paragraph (1)’’ and inserting ‘‘Paragraphs 

22 (1) and (2)’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 subsection (a) shall take effect on October 1, 2006, and 


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1 shall apply with respect to months beginning on or after 

2 that date. 

3 SEC. 606. EXTENSION OF TEMPORARY CONTINUATION OF 

4 HOUSING ALLOWANCE FOR DEPENDENTS OF 

5 MEMBERS DYING ON ACTIVE DUTY TO 

6 SPOUSES WHO ARE MEMBERS OF THE UNI7 FORMED SERVICES. 

8 (a) IN GENERAL.—Section 403(l) of title 37, United 

9 States Code, is amended— 

10 (1) by redesignating paragraph (3) as para11 graph (4); 

12 (2) by inserting after paragraph (2) the fol13 lowing new paragraph (3): 

14 ‘‘(3) A member of the uniformed services who is the 

15 spouse of a deceased member described in paragraph (2) 

16 may be paid a basic allowance for housing as provided for 

17 in that paragraph. An allowance paid under this para18 graph is in addition to any other pay and allowances to 

19 which the member of the uniformed services is entitled 

20 under any other provision of law.’’; and 

21 (3) in paragraph (4), as so redesignated, by 

22 striking ‘‘(2)’’ and inserting ‘‘(2) or (3)’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect on October 1, 2006, and shall 


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1 apply with respect to deaths occurring on or after that 

2 date. 

3 Subtitle B—Bonuses and Special 

4 and Incentive Pays 

5 SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL 

6 PAY AUTHORITIES FOR RESERVE FORCES. 

7 (a) SELECTED RESERVE REENLISTMENT BONUS.— 

8 Section 308b(g) of title 37, United States Code, is amend9 ed by striking ‘‘December 31, 2006’’ and inserting ‘‘De10 cember 31, 2007’’. 

11 (b) SELECTED RESERVE AFFILIATION OR ENLIST12 MENT BONUS.—Section 308c(i) of such title is amended 

13 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem14 ber 31, 2007’’. 

15 (c) SPECIAL PAY FOR ENLISTED MEMBERS AS16 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section 

17 308d(c) of such title is amended by striking ‘‘December 

18 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

19 (d) READY RESERVE ENLISTMENT BONUS FOR PER20 SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of 

21 such title is amended by striking ‘‘December 31, 2006’’ 

22 and inserting ‘‘December 31, 2007’’. 

23 (e) READY RESERVE ENLISTMENT AND REENLIST24 MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—SecVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 tion 308h(e) of such title is amended by striking ‘‘Decem2 ber 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

3 (f) SELECTED RESERVE ENLISTMENT BONUS FOR

4 PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 

5 title is amended by striking ‘‘December 31, 2006’’ and in6 serting ‘‘December 31, 2007’’. 

7 SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 

8 PAY AUTHORITIES FOR CERTAIN HEALTH 

9 CARE PROFESSIONALS. 

10 (a) NURSE OFFICER CANDIDATE ACCESSION PRO11 GRAM.—Section 2130a(a)(1) of title 10, United States 

12 Code, is amended by striking ‘‘December 31, 2006’’ and 

13 inserting ‘‘December 31, 2007’’. 

14 (b) REPAYMENT OF EDUCATION LOANS FOR CER15 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE16 LECTED RESERVE.—Section 16302(d) of such title is 

17 amended by striking ‘‘January 1, 2007’’ and inserting 

18 ‘‘January 1, 2008’’. 

19 (c) ACCESSION BONUS FOR REGISTERED NURSES.— 

20 Section 302d(a)(1) of title 37, United States Code, is 

21 amended by striking ‘‘December 31, 2006’’ and inserting 

22 ‘‘December 31, 2007’’. 

23 (d) INCENTIVE SPECIAL PAY FOR NURSE ANES24 THETISTS.—Section 302e(a)(1) of such title is amended 


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1 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem2 ber 31, 2007’’. 

3 (e) SPECIAL PAY FOR SELECTED RESERVE HEALTH

4 PROFESSIONALS IN CRITICALLY SHORT WARTIME SPE5 CIALTIES.—Section 302g(e) of such title is amended by 

6 striking ‘‘December 31, 2006’’ and inserting ‘‘December 

7 31, 2007’’. 

8 (f) ACCESSION BONUS FOR DENTAL OFFICERS.— 

9 Section 302h(a)(1) of such title is amended by striking 

10 ‘‘December 31, 2006’’ and inserting ‘‘December 31, 

11 2007’’. 

12 (g) ACCESSION BONUS FOR PHARMACY OFFICERS.— 

13 Section 302j(a) of such title is amended by striking ‘‘De14 cember 31, 2006’’ and inserting ‘‘December 31, 2007’’. 

15 SEC. 613. EXTENSION OF SPECIAL PAY AND BONUS AU16 THORITIES FOR NUCLEAR OFFICERS. 

17 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI18 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section 

19 312(e) of title 37, United States Code, is amended by 

20 striking ‘‘December 31, 2006’’ and inserting ‘‘December 

21 31, 2007’’. 

22 (b) NUCLEAR CAREER ACCESSION BONUS.—Section 

23 312b(c) of such title is amended by striking ‘‘December 

24 31, 2006’’ and inserting ‘‘December 31, 2007’’. 


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1 (c) NUCLEAR CAREER ANNUAL INCENTIVE

2 BONUS.—Section 312c(d) of such title is amended by 

3 striking ‘‘December 31, 2006’’ and inserting ‘‘December 

4 31, 2007. 

5 SEC. 614. EXTENSION OF AUTHORITIES RELATING TO PAY6 MENT OF OTHER BONUSES AND SPECIAL 

7 PAYS. 

8 (a) AVIATION OFFICER RETENTION BONUS.—Sec9 tion 301b(a) of title 37, United States Code, is amended 

10 by striking ‘‘December 31, 2006’’ and inserting ‘‘Decem11 ber 31, 2007’’. 

12 (b) ASSIGNMENT INCENTIVE PAY.—Section 307a(g) 

13 of such title is amended by striking ‘‘December 31, 2007’’ 

14 and inserting ‘‘December 31, 2008’’. 

15 (c) REENLISTMENT BONUS FOR ACTIVE MEM16 BERS.—Section 308(g) of such title is amended by strik17 ing ‘‘December 31, 2006’’ and inserting ‘‘December 31, 

18 2007’’. 

19 (d) ENLISTMENT BONUS.—Section 309(e) of such 

20 title is amended by striking ‘‘December 31, 2006’’ and in21 serting ‘‘December 31, 2007’’. 

22 (e) RETENTION BONUS FOR MEMBERS WITH CRIT23 ICAL MILITARY SKILLS OR ASSIGNED TO HIGH PRIORITY

24 UNITS.—Section 323(i) of such title is amended by strikVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00203 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 ing ‘‘December 31, 2006’’ and inserting ‘‘December 31, 

2 2007’’. 

3 (f) ACCESSION BONUS FOR NEW OFFICERS IN CRIT4 ICAL SKILLS.—Section 324(g) of such title is amended by 

5 striking ‘‘December 31, 2006’’ and inserting ‘‘December 

6 31, 2007’’. 

7 (g) INCENTIVE BONUS FOR CONVERSION TO MILI8 TARY OCCUPATIONAL SPECIALTY TO EASE PERSONNEL

9 SHORTAGE.—Section 326(g) of such title is amended by 

10 striking ‘‘December 31, 2006’’ and inserting ‘‘December 

11 31, 2007’’. 

12 (h) INCENTIVE BONUS FOR TRANSFER BETWEEN

13 THE ARMED FORCES.—Section 327(h) of such title is 

14 amended by striking ‘‘December 31, 2006’’ and inserting 

15 ‘‘December 31, 2009’’. 

16 SEC. 615. INCREASE IN SPECIAL PAY FOR SELECTED RE17 SERVE HEALTH CARE PROFESSIONALS IN 

18 CRITICALLY SHORT WARTIME SPECIALTIES. 

19 INCREASE IN SPECIAL PAY.—Section 302g(a) of title 

20 37, United States Code, is amended by striking ‘‘$10,000’’ 

21 and inserting ‘‘$25,000’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 subsection (a) shall take effect on October 1, 2006, and 

24 shall apply to written agreements entered into under secVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00204 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 tion 302g of title 37, United States Code, on or after that 

2 date. 

3 SEC. 616. EXPANSION AND ENHANCEMENT OF ACCESSION 

4 BONUS AUTHORITIES FOR CERTAIN OFFI5 CERS IN HEALTH CARE SPECIALITIES. 

6 (a) INCREASE IN ACCESSION BONUS FOR DENTAL

7 OFFICERS.—Section 302h(a)(2) of title 37, United States 

8 Code, is amended by striking ‘‘$30,000’’ and inserting 

9 ‘‘$200,000’’. 

10 (b) ACCESSION BONUS FOR MEDICAL OFFICERS IN

11 CRITICALLY SHORT WARTIME SPECIALITIES.—Chapter 5 

12 of title 37, United States Code, is amended by inserting 

13 after section 302j the following new section: 

14 ‘‘§ 302k. Special pay: accession bonus for medical offi15 cers in critically short wartime special16 ties 

17 ‘‘(a) ACCESSION BONUS AUTHORIZED.—(1) A person 

18 who is a graduate of an accredited school of medicine or 

19 osteopathy in a specialty described in subsection (c) and 

20 who executes a written agreement described in subsection 

21 (d) to accept a commission as an officer of the Armed 

22 Forces and remain on active duty for a period of not less 

23 than four consecutive years may, upon the acceptance of 

24 the agreement by the Secretary concerned, be paid an acVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00205 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 cession bonus in the amount determined by the Secretary 

2 concerned. 

3 ‘‘(2) The amount of an accession bonus under para4 graph (1) may not exceed $400,000. 

5 ‘‘(b) LIMITATION ON ELIGIBILITY FOR BONUS.—A 

6 person may not be paid a bonus under subsection (a) if— 

7 ‘‘(1) the person, in exchange for an agreement 

8 to accept an appointment as an officer, received fi9 nancial assistance from the Department of Defense 

10 to pursue a course of study in medicine or osteop11 athy; or 

12 ‘‘(2) the Secretary concerned determines that 

13 the person is not qualified to become and remain 

14 certified as a doctor or osteopath in a specialty de15 scribed in subsection (c). 

16 ‘‘(c) COVERED SPECIALTIES.—A specialty described 

17 in this subsection is a specialty designated by regulations 

18 as a critically short wartime specialty. 

19 ‘‘(d) AGREEMENT.—The agreement referred to in 

20 subsection (a) shall provide that, consistent with the needs 

21 of the armed service concerned, the person executing the 

22 agreement will be assigned to duty, for the period of obli23 gated service covered by the agreement, as an officer of 

24 the Medical Corps of the Army or the Navy or as an offiVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 cer of the Air Force designated as a medical officer in 

2 a specialty described in subsection (c). 

3 ‘‘(e) REPAYMENT.—A person who, after executing an 

4 agreement under subsection (a) is not commissioned as 

5 an officer of the armed forces, does not become licensed 

6 as a doctor or osteopath, as the case may be, or does not 

7 complete the period of active duty in a specialty specified 

8 in the agreement, shall be subject to the repayment provi9 sions of section 303a(e) of this title. 

10 ‘‘(f) TERMINATION OF AUTHORITY.—No agreement 

11 under this section may be entered into after December 31, 

12 2007.’’. 

13 (c) ACCESSION BONUS FOR DENTAL SPECIALIST OF14 FICERS IN CRITICALLY SHORT WARTIME SPECIALITIES.— 

15 Chapter 5 of title 37, United States Code, as amended 

16 by subsection (b), is further amended by inserting after 

17 section 302k the following new section: 

18 ‘‘§ 302l. Special pay: accession bonus for dental spe19 cialist officers in critically short wartime 

20 specialties 

21 ‘‘(a) ACCESSION BONUS AUTHORIZED.—(1) A person 

22 who is a graduate of an accredited dental school in a spe23 cialty described in subsection (c) and who executes a writ24 ten agreement described in subsection (d) to accept a com25 mission as an officer of the Armed Forces and remain on 


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1 active duty for a period of not less than four consecutive 

2 years may, upon the acceptance of the agreement by the 

3 Secretary concerned, be paid an accession bonus in the 

4 amount determined by the Secretary concerned. 

5 ‘‘(2) The amount of an accession bonus under para6 graph (1) may not exceed $400,000. 

7 ‘‘(b) LIMITATION ON ELIGIBILITY FOR BONUS.—A 

8 person may not be paid a bonus under subsection (a) if— 

9 ‘‘(1) the person, in exchange for an agreement 

10 to accept an appointment as an officer, received fi11 nancial assistance from the Department of Defense 

12 to pursue a course of study in dentistry; or 

13 ‘‘(2) the Secretary concerned determines that 

14 the person is not qualified to become and remain 

15 certified as a dentist in a specialty described in sub16 section (c). 

17 ‘‘(c) COVERED SPECIALTIES.—A specialty described 

18 in this subsection is a specialty designated by regulations 

19 as a critically short wartime specialty. 

20 ‘‘(d) AGREEMENT.—The agreement referred to in 

21 subsection (a) shall provide that, consistent with the needs 

22 of the armed service concerned, the person executing the 

23 agreement will be assigned to duty, for the period of obli24 gated service covered by the agreement, as an officer of 

25 the Dental Corps of the Army or the Navy or as an officer 


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1 of the Air Force designated as a dental officer in a spe2 cialty described in subsection (c). 

3 ‘‘(e) REPAYMENT.—A person who, after executing an 

4 agreement under subsection (a) is not commissioned as 

5 an officer of the armed forces, does not become licensed 

6 as a dentist or does not complete the period of active duty 

7 in a specialty specified in the agreement, shall be subject 

8 to the repayment provisions of section 303a(e) of this title. 

9 ‘‘(f) COORDINATION WITH OTHER ACCESSION

10 BONUS AUTHORITY.—A person eligible to execute an 

11 agreement under both subsection (a) and section 302h of 

12 this title shall elect which authority to execute the agree13 ment under. A person may not execute an agreement 

14 under both subsection (a) and such section 302h. 

15 ‘‘(g) TERMINATION OF AUTHORITY.—No agreement 

16 under this section may be entered into after December 31, 

17 2007.’’. 

18 (d) CLERICAL AMENDMENT.—The table of sections 

19 at the beginning of chapter 5 of such title is amended by 

20 inserting after the item relating to section 302j the fol21 lowing new item: 

‘‘302k. Special pay: accession bonus for medical officers in critically short wartime specialties. 

‘‘302l. Special pay: accession bonus for dental specialist officers in critically 

short wartime specialties.’’. 

22 (e) EFFECTIVE DATE.—The amendments made by 

23 this section shall take effect on October 1, 2006. 


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1 SEC. 617. INCREASE IN NUCLEAR CAREER ACCESSION 

2 BONUS FOR NUCLEAR-QUALIFIED OFFICERS. 

3 (a) INCREASE.—Section 312b(a)(1) of title 37, 

4 United States Code, is amended by striking ‘‘$20,000’’ 

5 and inserting ‘‘$30,000’’. 

6 (b) EFFECTIVE DATE.—The amendment made by 

7 subsection (a) shall take effect on October 1, 2006, and 

8 shall apply with respect to agreements under section 312b 

9 of title 37, United States Code, entered into on or after 

10 that date. 

11 SEC. 618. MODIFICATION OF CERTAIN AUTHORITIES APPLI12 CABLE TO THE TARGETED SHAPING OF THE 

13 ARMED FORCES. 

14 (a) VOLUNTARY SEPARATION PAY AND BENEFITS. 

15 (1) INCREASE IN MAXIMUM AMOUNT OF PAY.— 

16 Subsection (f) of section 1175a of title 10, United 

17 States Code, is amended by striking ‘‘two times’’ 

18 and inserting ‘‘four times’’. 

19 (2) EXTENSION OF AUTHORITY.—Subsection 

20 (k)(1) of such section is amended by striking ‘‘De21 cember 31, 2008’’ and inserting ‘‘December 31, 

22 2012’’. 

23 (3) REPEAL OF LIMITATION ON APPLICA24 BILITY.—Subsection (b) of section 643 of the Na25 tional Defense Authorization Act for Fiscal Year 


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1 2006 (Public Law 109–163; 119 Stat. 3310; 10 

2 U.S.C. 1175a note) is repealed. 

3 (b) INCREASE IN AMOUNT OF INCENTIVE BONUS

4 FOR TRANSFER BETWEEN ARMED FORCES.—Section 

5 327(d)(1) of title 37, United States Code, is amended by 

6 striking ‘‘$2,500’’ and inserting ‘‘$10,000’’. 

7 SEC. 619. EXTENSION OF PILOT PROGRAM ON CONTRIBU8 TIONS TO THRIFT SAVINGS PLAN FOR INI9 TIAL ENLISTEES IN THE ARMY. 

10 (a) EXTENSION.—Subsection (a) of section 606 of 

11 the National Defense Authorization Act for Fiscal Year 

12 2006 (Public Law 109–163; 119 Stat. 3287; 37 U.S.C. 

13 211 note) is amended by striking ‘‘During fiscal year 

14 2006’’ and inserting ‘‘During the period beginning on 

15 January 6, 2006, and ending on December 31, 2008’’. 

16 (b) REPORT DATE.—Subsection (d)(1) of such sec17 tion is amended by striking ‘‘February 1, 2007’’ and in18 serting ‘‘February 1, 2008’’. 


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1 Subtitle C—Travel and 

2 Transportation Allowances 

3 SEC. 631. EXPANSION OF PAYMENT OF REPLACEMENT 

4 VALUE OF PERSONAL PROPERTY DAMAGED 

5 DURING TRANSPORT AT GOVERNMENT EX6 PENSE. 

7 (a) COVERAGE OF PROPERTY OF CIVILIAN EMPLOY8 EES OF DEPARTMENT OF DEFENSE.—Subsection (a) of 

9 section 2636a of title 10, United States Code, is amended 

10 by inserting ‘‘or civilian employees of the Department of 

11 Defense’’ after ‘‘members of the armed forces’’. 

12 (b) REQUIREMENT FOR PAYMENT.—Effective March 

13 1, 2008, such subsection is further amended by striking 

14 ‘‘may include’’ and inserting ‘‘shall include’’. 

15 (c) REQUIREMENT FOR DEDUCTION UPON FAILURE

16 OF CARRIER TO SETTLE.—Subsection (b) of such section 

17 is amended by striking ‘‘may be deducted’’ and inserting 

18 ‘‘shall be deducted’’. 

19 (d) CERTIFICATION ON FAMILIES FIRST PRO20 GRAM.—The Secretary of Defense shall submit to the con21 gressional defense committees a report containing the cer22 tifications of the Secretary on the following matters with 

23 respect to the program of the Department of Defense 

24 known as ‘‘Families First’’: 


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1 (1) Whether there is an alternative to the sys2 tem under the program that would provide equal or 

3 greater capability at less cost. 

4 (2) Whether the estimates on costs, and the an5 ticipated schedule and performance parameters, for 

6 the program and system are reasonable. 

7 (3) Whether the management structure for the 

8 program is adequate to manage and control program 

9 costs. 

10 (e) COMPTROLLER GENERAL REPORTS ON FAMILIES

11 FIRST PROGRAM.— 

12 (1) REVIEW.—The Comptroller General of the 

13 United States shall conduct a review and assessment 

14 of the progress of the Department of Defense in im15 plementing the Families First program. 

16 (2) ELEMENTS.—In conducting the review and 

17 assessment required by paragraph (1), the Comp18 troller General shall— 

19 (A) assess the progress of the Department 

20 in achieving the goals of the Families First pro21 gram, including progress in the development 

22 and deployment of the Defense Personal Prop23 erty System; 

24 (B) assess the organization, staffing, re25 sources, and capabilities of the Defense PerVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00213 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 sonal Property System Project Management Of2 fice established on April 7, 2006; 

3 (C) evaluate the growth in cost of the pro4 gram since the previous assessment of the pro5 gram by the Comptroller General, and estimate 

6 the current annual cost of the Defense Personal 

7 Property System and each component of that 

8 system; and 

9 (D) assess the feasibility of implementing 

10 processes and procedures, pending the satisfac11 tory development of the Defense Personal Prop12 erty System, which would achieve the goals of 

13 the program of providing improved personal 

14 property management services to members of 

15 the Armed Forces. 

16 (3) REPORTS.—The Comptroller General shall 

17 submit to the Committees on Armed Services of the 

18 Senate and the House of Representatives reports as 

19 follows: 

20 (A) An interim report on the review and 

21 assessment required by paragraph (1) not later 

22 than December 1, 2006. 

23 (B) A final report on the review and as24 sessment by not later than June 1, 2007. 


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1 Subtitle D—Retired Pay and 

2 Survivor Benefits 

3 SEC. 641. MODIFICATION OF DEPARTMENT OF DEFENSE 

4 CONTRIBUTIONS TO MILITARY RETIREMENT 

5 FUND AND GOVERNMENT CONTRIBUTIONS 

6 TO MEDICARE-ELIGIBLE RETIREE HEALTH 

7 CARE FUND. 

8 (a) DEPARTMENT OF DEFENSE MILITARY RETIRE9 MENT FUND.— 

10 (1) DETERMINATION OF CONTRIBUTIONS.— 

11 Section 1465 of title 10, United States Code, is 

12 amended— 

13 (A) in subsection (b)(1)— 

14 (i) in subparagraph (A)(ii)— 

15 (I) by striking ‘‘(other than ac16 tive duty for training)’’; 

17 (II) by striking ‘‘(other than full18 time National Guard duty for training 

19 only)’’; and 

20 (III) by inserting before the pe21 riod at the end the following: ‘‘, ex22 cept that amounts expected to be paid 

23 to members who would be excluded 

24 from counting for active-duty end 

25 strength purposes by section 115(i) of 


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1 this title for duty covered by such sec2 tion shall be excluded’’; and 

3 (ii) in subparagraph (B)(ii)— 

4 (I) by striking ‘‘Ready Reserve’’ 

5 and inserting ‘‘Selected Reserve’’; and 

6 (II) by striking ‘‘and other than 

7 members on full-time National Guard 

8 duty other than for training) who 

9 are’’ and inserting ‘‘) for duty’’; and 

10 (B) in subsection (c)(1)— 

11 (i) in subparagraph (A)— 

12 (I) by striking ‘‘(other than ac13 tive duty for training)’’; 

14 (II) by striking ‘‘(other than full15 time National Guard duty for training 

16 only)’’; and 

17 (III) by inserting ‘‘other than 

18 members who would be excluded from 

19 counting for active-duty end strength 

20 purposes by section 115(i) of this title 

21 for duty covered by such section,’’ 

22 after ‘‘full-time National Guard 

23 duty,’’; and 

24 (ii) in subparagraph (B)— 


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1 (I) by striking ‘‘Ready Reserve’’ 

2 and inserting ‘‘Selected Reserve’’; and 

3 (II) by striking ‘‘and other than 

4 members on full-time National Guard 

5 duty other than for training) who 

6 are’’ and inserting ‘‘) for duty’’. 

7 (2) PAYMENTS.—Section 1466(a) of such title 

8 is amended— 

9 (A) in paragraph (1)(B)— 

10 (i) by striking ‘‘(other than active 

11 duty for training)’’; 

12 (ii) by striking ‘‘(other than full-time 

13 National Guard duty for training only)’’; 

14 and 

15 (iii) by inserting before the period at 

16 the end the following: ‘‘, except that 

17 amounts accrued for that month by mem18 bers who would be excluded from counting 

19 for active-duty end strength purposes by 

20 section 115(i) of this title for duty covered 

21 by such section shall be excluded’’; and 

22 (B) in paragraph (2)(B)— 

23 (i) by striking ‘‘Ready Reserve’’ and 

24 inserting ‘‘Selected Reserve’’; and 


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1 (ii) by striking ‘‘and other than mem2 bers on full-time National Guard duty 

3 other than for training) who are’’ and in4 serting ‘‘) for duty’’. 

5 (b) DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE

6 RETIREE HEALTH CARE FUND.— 

7 (1) EXCLUSION OF CADETS AND MIDSHIPMEN

8 FROM TREATMENT ON ACTIVE DUTY.—Section 

9 1111(b) of such title is amended by adding at the 

10 end the following new paragraph: 

11 ‘‘(5) The term ‘members of the uniformed serv12 ices on active duty’ does not include a cadet at the 

13 United States Military Academy, the United States 

14 Air Force Academy, or the United States Coast 

15 Guard Academy, or a midshipman at the United 

16 States Naval Academy.’’. 

17 (2) DETERMINATION OF CONTRIBUTIONS.— 

18 Section 1115 of such title is amended— 

19 (A) in subsection (b)— 

20 (i) in paragraph (1)(B)— 

21 (I) by striking ‘‘(other than ac22 tive duty for training)’’; 

23 (II) by striking ‘‘(other than full24 time National Guard duty for training 

25 only)’’; and 


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1 (III) by inserting before the pe2 riod at the end the following: ‘‘, other 

3 than members who would be excluded 

4 from counting for active-duty end 

5 strength purposes by section 115(i) of 

6 this title for duty covered by such sec7 tion’’; and 

8 (ii) in paragraph (2)(B)— 

9 (I) by striking ‘‘Ready Reserve’’ 

10 and inserting ‘‘Selected Reserve’’; and 

11 (II) by striking ‘‘other than 

12 members on full-time National Guard 

13 duty other than for training)’’; and 

14 (B) in subsection (c)(1)— 

15 (i) in subparagraph (A)— 

16 (I) by striking ‘‘(other than ac17 tive duty for training)’’; 

18 (II) by striking ‘‘(other than full19 time National Guard duty for training 

20 only)’’; and 

21 (III) by inserting before the 

22 semicolon the following: ‘‘, other than 

23 members who would be excluded from 

24 counting for active-duty end strength 


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1 purposes by section 115(i) of this title 

2 for duty covered by such section’’; and 

3 (ii) in subparagraph (B)— 

4 (I) by striking ‘‘Ready Reserve’’ 

5 and inserting ‘‘Selected Reserve’’; and 

6 (II) by striking ‘‘(other than 

7 members on full-time National Guard 

8 duty other than for training)’’. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall take effect on October 1, 2007. 

11 SEC. 642. REPEAL OF REQUIREMENT OF REDUCTION OF 

12 SBP SURVIVOR ANNUITIES BY DEPENDENCY 

13 AND INDEMNITY COMPENSATION. 

14 (a) REPEAL.—Subchapter II of chapter 73 of title 

15 10, United States Code is amended— 

16 (1) in section 1450(c)(1), by inserting after ‘‘to 

17 whom section 1448 of this title applies’’ the fol18 lowing: ‘‘(except in the case of a death as described 

19 in subsection (d) or (f) of such section)’’; and 

20 (2) in section 1451(c)— 

21 (A) by striking paragraph (2); and 

22 (B) by redesignating paragraphs (3) and 

23 (4) as paragraphs (2) and (3), respectively. 

24 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No 

25 benefits may be paid to any person for any period before 


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1 the effective date provided under subsection (e) by reason 

2 of the amendments made by subsection (a). 

3 (c) RETURN OF SBP PREMIUMS PREVIOUSLY RE4 FUNDED TO SBP RECIPIENTS.— 

5 (1) RETURN OF CERTAIN REFUNDED AMOUNTS

6 REQUIRED.—Under regulations prescribed by the 

7 Secretary of Defense, a surviving spouse who is or 

8 has been in receipt of an annuity under the Survivor 

9 Benefit Plan under subchapter II of chapter 73 of 

10 title 10, United States Code, that is in effect before 

11 the effective date provided under subsection (e) and 

12 that is adjusted by reason of the amendments made 

13 by subsection (a) and who has received a refund of 

14 retired pay under section 1450(e) of title 10, United 

15 States Code, shall be required to repay such refund 

16 to the United States. 

17 (2) TERMS AND CONDITIONS.—A surviving 

18 spouse repaying a refund to the United States under 

19 this subsection shall not be required to pay the 

20 United States any interest that would otherwise ac21 crue or have accrued on any balance of such refund 

22 while such balance remains unpaid to the United 

23 States under this subsection. The amount repayable 

24 to the United States shall be repayable in a lump 

25 sum or over a period of years (not to exceed 10 


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1 years) agreed to by the surviving spouse or specified 

2 by the Secretary of Defense, in the absence of such 

3 an agreement. 

4 (3) WAIVER OF REPAYMENT.—The Secretary of 

5 Defense may waive the repayment of a refund under 

6 this subsection if the Secretary determines that— 

7 (A) hardship or other circumstances make 

8 repayment of such refund unwarranted; 

9 (B) repayment of such refund would other10 wise not be in the best interests of the United 

11 States. 

12 (d) RECONSIDERATION OF OPTIONAL ANNUITY.— 

13 Section 1448(d)(2)B) of title 10, United States Code, is 

14 amended by adding at the end the following new sen15 tences: ‘‘The surviving spouse, however, may elect to ter16 minate an annuity under this subparagraph in accordance 

17 with regulations prescribed by the Secretary concerned. 

18 Upon such an election, payment of an annuity to depend19 ent children under this subparagraph shall terminate ef20 fective on the first day of the first month that begins after 

21 the date on which the Secretary concerned receives notice 

22 of the election, and, beginning on that day, an annuity 

23 shall be paid to the surviving spouse under paragraph (1) 

24 instead.’’. 


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1 (e) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on the later of— 

3 (1) the first day of the first month that begins 

4 after the date of the enactment of this Act; or 

5 (2) the first day of the fiscal year that begins 

6 in the calendar year in which this Act is enacted. 

7 SEC. 643. EFFECTIVE DATE OF PAID-UP COVERAGE UNDER 

8 SURVIVOR BENEFIT PLAN. 

9 Section 1452(j) of title 10, United States Code, is 

10 amended by striking ‘‘October 1, 2008’’ and inserting 

11 ‘‘October 1, 2006’’. 

12 SEC. 644. EXPANSION OF CONDITIONS FOR DIRECT PAY13 MENT OF DIVISIBLE RETIRED PAY. 

14 (a) REPEAL OF CERTAIN CONDITION.—Section 

15 1408(d) of title 10, United States Code, is amended— 

16 (1) by striking paragraph (2); and 

17 (2) by redesignating paragraphs (3) through 

18 (7) as paragraphs (2) through (6), respectively. 

19 (b) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—The amendments made by 

21 subsection (a) shall take effect on the first day of 

22 the first month that begins more than 120 days 

23 after the date of the enactment of this Act. 

24 (2) PROHIBITION ON RETROACTIVE PAY25 MENTS.—No payment may be made under section 


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1 1408(d) of title 10, United States Code, to or for 

2 the benefit of any person covered by paragraph (2) 

3 of such section (as in effect on the day before the 

4 effective date specified in paragraph (1)) for any pe5 riod before such effective date. 

6 SEC. 645. AUTHORITY FOR COST OF LIVING ADJUSTMENTS 

7 OF RETIRED PAY TREATED AS DIVISIBLE 

8 PROPERTY. 

9 (a) IN GENERAL.—Section 1408 of title 10, United 

10 States Code, is amended— 

11 (1) by redesignating subsections (i), (j), and (k) 

12 as subsections (j), (k), and (l), respectively; and 

13 (2) by inserting after subsection (h) the fol14 lowing new subsection (i): 

15 ‘‘(i) COST OF LIVING ADJUSTMENTS OF DIVISIBLE

16 PROPERTY.—A court order under subsection (a)(2)(C) 

17 may provide for the adjustment of the amount, if ex18 pressed in dollars, payable from the disposable retired pay 

19 of a member at the same time and in the same manner 

20 as retired pay is adjusted to reflect changes in the Con21 sumer Price Index under section 1401a of this title.’’. 

22 (b) EFFECTIVE DATE.—The amendments made by 

23 subsection (a) shall take effect on the date of the enact24 ment of this Act, and shall apply with respect to court 


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1 orders that become effective after the end of the 90-day 

2 period beginning on the date of enactment of this Act. 

3 SEC. 646. NOTICE AND COPY TO MEMBERS OF COURT OR4 DERS ON PAYMENT OF RETIRED PAY. 

5 (a) WAIVER OF NOTICE.—Subsection (g) of section 

6 1408 of title 10, United States Code, is amended— 

7 (1) by inserting ‘‘(1)’’ before ‘‘A person’’; and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) A member may waive receipt of notice on a court 

11 order otherwise required by paragraph (1). The waiver 

12 shall take such form and include such requirements as the 

13 Secretary concerned may prescribe.’’. 

14 (b) COPY OF COURT ORDER UPON REQUEST.—Such 

15 subsection is further amended— 

16 (1) in paragraph (1), as designated by sub17 section (a)(1) of this section, by striking ‘‘(together 

18 with a copy of such order)’’; and 

19 (2) by adding at the end the following new 

20 paragraph: 

21 ‘‘(3) Upon the request of a member, written notice 

22 of a court order under paragraph (1) shall include a copy 

23 of the court order.’’. 

24 (c) EFFECTIVE DATE.—The amendments made by 

25 this section shall take effect on the date that is 90 days 


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1 after the date of the enactment of this Act, and shall apply 

2 with respect to court orders received on or after such date. 

3 SEC. 647. RETENTION OF ASSISTIVE TECHNOLOGY AND DE4 VICES BY CERTAIN MEMBERS OF THE ARMED 

5 FORCES AFTER SEPARATION FROM SERVICE. 

6 (a) RETENTION AUTHORIZED.—Chapter 58 of title 

7 10, United States Code, is amended by adding at the end 

8 the following new section: 

9 ‘‘§ 1154. Retention of assistive technology and devices 

10 provided before separation 

11 ‘‘(a) IN GENERAL.—Under regulations prescribed by 

12 the Secretary of Defense, a member of the armed forces 

13 who is provided an assistive technology or assistive tech14 nology device while a member of the armed forces for a 

15 severe or debilitating illness or injury incurred or aggra16 vated by such member on active duty may retain such as17 sistive technology or assistive technology device after sepa18 ration from the armed forces. 

19 ‘‘(b) DEFINITIONS.—In this section, the terms ‘as20 sistive technology’ and ‘assistive technology device’ have 

21 the meaning given such terms in section 3 of the Assistive 

22 Technology Act of 1998 (29 U.S.C. 3002).’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of chapter 58 of such title is amended 

25 by adding at the end the following new item: 


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‘‘1154. Retention of assistive technology and devices provided before separation.’’. 

1 Subtitle E—Other Matters 

2 SEC. 661. AUDIT OF PAY ACCOUNTS OF MEMBERS OF THE 

3 ARMY EVACUATED FROM A COMBAT ZONE 

4 FOR INPATIENT CARE. 

5 (a) AUDIT REQUIRED.— 

6 (1) IN GENERAL.—The Secretary of the Army 

7 shall conduct a complete audit of the pay accounts 

8 of each member of the Army wounded or injured in 

9 a combat zone who was evacuated from a theater of 

10 operations for inpatient care during the period be11 ginning on May 1, 2005, and ending on April 30, 

12 2006. 

13 (2) REPORT.—Not later than 120 days after 

14 the date of the enactment of this Act, the Secretary 

15 shall submit to the congressional defense committees 

16 a report on the audit conducted under paragraph 

17 (1). 

18 (3) REPORT ELEMENTS.—The report under 

19 paragraph (2) shall include the following: 

20 (A) A list of each member of the Army de21 scribed in paragraph (1) identified (in a man22 ner that protects the privacy of members so 

23 listed) by— 


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1 (i) date of wound or injury on which 

2 inclusion of such member on the list is 

3 based; and 

4 (ii) grade and unit designation as of 

5 such date. 

6 (B) For each member so listed, a state7 ment of any underpayment of each of any pay, 

8 allowance, or other monetary benefit to which 

9 such member was entitled during the period be10 ginning on the date of such wound or injury 

11 and ending on April 30, 2006, including basic 

12 pay, hazardous duty pay, imminent danger pay, 

13 basic allowance for housing, basic allowance for 

14 subsistence, any family separation allowance, 

15 any tax exclusion for combat duty, and any 

16 other pay, allowance, or monetary benefit to 

17 which such member was entitled during such 

18 period. 

19 (C) For each member so listed, a state20 ment of any disbursements made to correct un21 derpayments made to such member as identified 

22 under subparagraph (B). 

23 (D) For each member so listed, a state24 ment of any debts to the United States col25 lected or pending collection from such member. 


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1 (E) For each member so listed, a state2 ment of any reimbursements or debt relief 

3 granted to such member for a debt identified 

4 under subparagraph (D). 

5 (F) For each member so listed who has ap6 plied to the United States for a relief of debt— 

7 (i) a description of the nature of the 

8 debt for which relief was applied; and 

9 (ii) a description of the disposition of 

10 the application, including, if granted, the 

11 date of disbursement for relief granted, 

12 and, if denied, the reasons for the denial. 

13 (G) For each member so listed, a report of 

14 any referral of such member to a collection or 

15 credit agency. 

16 (4) FORM.—The report under paragraph (2) 

17 shall be in unclassified form, but may include a clas18 sified annex. 

19 (b) ASSISTANCE WITH PAY OR ACCOUNT DIFFICUL20 TIES.— 

21 (1) CALL ASSISTANCE CENTER.—Not later than 

22 60 days after the date of the enactment of this Act, 

23 the Secretary of Defense shall establish within the 

24 Department of Defense an assistance center, acces25 sible by toll-free telephone call, through which a covVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 ered member of the Armed Forces, or the primary 

2 next of kin of such a member in the case of such 

3 a member who dies, may secure assistance in resolv4 ing difficulties relating to the military pay or ac5 counts of such member. 

6 (2) REQUESTS FOR ASSISTANCE.—A request for 

7 assistance under paragraph (1) may be made— 

8 (A) by a covered member of the Armed 

9 Forces; or 

10 (B) by the primary next of kin on behalf 

11 of, or with respect to, a covered member of the 

12 Armed Forces. 

13 (3) RESPONSE TO REQUESTS FOR ASSIST14 ANCE.—The Secretary shall ensure that, in pro15 viding assistance under paragraph (1) to a covered 

16 member of the Armed Forces or next of kin of such 

17 a member, personnel of the assistance center estab18 lished under that paragraph— 

19 (A) provide an initial response to the re20 quest for assistance under paragraph (2) not 

21 later than 10 days after receipt of such request; 

22 and 

23 (B) provide a final response to the request 

24 for assistance under that paragraph not later 

25 than 30 days after receipt of such request. 


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1 (4) COVERED MEMBER OF THE ARMED FORCES

2 DEFINED.—In this subsection, the term ‘‘covered 

3 member of the Armed Forces’’ means a member of 

4 the Armed Forces wounded or injured in a combat 

5 zone who is evacuated from a theater of operations 

6 for inpatient care. 

7 TITLE VII—HEALTH CARE 

8 Subtitle A—Benefits Matters 

9 SEC. 701. IMPROVED PROCEDURES FOR CANCER SCREEN10 ING FOR WOMEN. 

11 (a) PRIMARY AND PREVENTIVE HEALTH CARE

12 SERVICES AUTHORITY.—Section 1074d of title 10, United 

13 States Code, is amended— 

14 (1) in subsection (a)(1), by adding at the end 

15 the following new sentence: ‘‘The services described 

16 in paragraphs (1) and (2) of subsection (b) shall be 

17 provided under such procedures and at such inter18 vals as the Secretary of Defense shall prescribe.’’; 

19 and 

20 (2) in subsection (b), by striking paragraphs 

21 (1) and (2) and inserting the following new para22 graphs: 

23 ‘‘(1) Cervical cancer screening. 

24 ‘‘(2) Breast cancer screening.’’. 


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1 (b) TRICARE PROGRAM.—Section 1079(a)(2) of 

2 such title is amended— 

3 (1) in the matter preceding subparagraph (A), 

4 by striking ‘‘the schedule of pap smears and mam5 mograms’’ and inserting ‘‘the schedule and method 

6 of cervical cancer screenings and breast cancer 

7 screenings’’; and 

8 (2) in subparagraph (B), by striking ‘‘pap 

9 smears and mammograms’’ and inserting ‘‘cervical 

10 and breast cancer screenings’’. 

11 SEC. 702. NATIONAL MAIL-ORDER PHARMACY PROGRAM. 

12 (a) AVAILABILITY OF REFILLS OF MAINTENANCE13 TYPE MEDICATIONS SOLELY THROUGH PROGRAM.— 

14 (1) IN GENERAL.—Subsection (a)(2) of section 

15 1074g of title 10, United States Code, is amended— 

16 (A) in subparagraph (E), by striking 

17 ‘‘Pharmaceutical agents’’ and inserting ‘‘Except 

18 as provided in subparagraph (F), pharma19 ceutical agents’’; and 

20 (B) by adding at the end the following new 

21 subparagraph: 

22 ‘‘(F)(i) Effective April 1, 2007, refills of maintenance 

23 medications shall, except as provided under clause (ii), be 

24 available to eligible covered beneficiaries solely through the 


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1 national mail-order pharmacy program referred to in sub2 paragraph (E)(iii). 

3 ‘‘(ii) Under such regulations as the Secretary may 

4 prescribe under this subparagraph, refills of a mainte5 nance medication may be available to covered eligible 

6 beneficiaries through means other than the national mail7 order pharmacy program if clinical requirements make it 

8 advisable that such medication be available to such bene9 ficiaries through such other means. 

10 ‘‘(iii) The Secretary shall specify the pharmaceutical 

11 agents constituting maintenance medications for purposes 

12 of this subparagraph.’’. 

13 (2) CONFORMING AMENDMENT.—Subsection 

14 (f)(1) of such section is amended by striking ‘‘sub15 section (a)(2)(E)’’ and inserting ‘‘subparagraphs (E) 

16 and (F) of subsection (a)(2)’’. 

17 (b) PROHIBITION ON COPAYMENTS FOR CERTAIN

18 PHARMACEUTICALS AVAILABLE THROUGH PROGRAM.— 

19 Subsection (a)(6) of such section is amended by adding 

20 at the end the following new subparagraph: 

21 ‘‘(C) In establishing the cost-sharing requirements, 

22 the Secretary may not impose any copayment or cost-shar23 ing requirement with respect to the following: 

24 ‘‘(i) Refills of generic medications. 


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1 ‘‘(ii) Brand name medications determined by a 

2 physician to be medically necessary.’’. 

3 SEC. 703. AVAILABILITY UNDER TRICARE OF ANESTHESIA 

4 FOR CHILDREN IN CONNECTION WITH DEN5 TAL PROCEDURES FOR WHICH DENTAL ANES6 THESIA IS INAPPROPRIATE. 

7 Section 1079(a)(1) of title 10, United States Code, 

8 is amended by inserting before the period at the end the 

9 following: ‘‘, except that, pursuant to such regulations as 

10 the Secretary of Defense may prescribe, hospitalization 

11 and professional services may be provided in connection 

12 with the anesthesia of a child under the age of six years 

13 for a dental procedure which, as determined by a qualified 

14 dental specialist, is necessary’’. 

15 SEC. 704. TRICARE COVERAGE FOR FORENSIC EXAMINA16 TIONS FOLLOWING SEXUAL ASSAULTS AND 

17 DOMESTIC VIOLENCE. 

18 Section 1079(a) of title 10, United States Code, is 

19 amended by adding at the end the following new para20 graph: 

21 ‘‘(17) Forensic examinations following a sexual 

22 assault or domestic violence may be provided.’’. 


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1 SEC. 705. PROHIBITION ON INCREASE IN FISCAL YEAR 2007 

2 IN ENROLLMENT FEES FOR COVERAGE 

3 UNDER TRICARE PRIME. 

4 (a) PROHIBITION.—Fees charged for enrollment in 

5 TRICARE Prime may not be increased during fiscal year 

6 2007. 

7 (b) TRICARE PRIME DEFINED.—In this section, the 

8 term ‘‘TRICARE Prime’’ means the managed care option 

9 of the TRICARE program. 

10 SEC. 706. LIMITATION ON FISCAL YEAR 2007 INCREASE IN 

11 PREMIUMS FOR COVERAGE UNDER TRICARE 

12 OF MEMBERS OF RESERVE COMPONENTS 

13 WHO COMMIT TO CONTINUED SERVICE IN SE14 LECTED RESERVE AFTER RELEASE FROM AC15 TIVE DUTY. 

16 Any premium charged under subsection (d) of section 

17 1076d of title 10, United States Code, for coverage under 

18 TRICARE of members of reserve components who commit 

19 to continued service in the Selected Reserve after release 

20 from active duty, as authorized by subsection (a) of such 

21 section, may not be increased during fiscal year 2007 by 

22 an amount which exceeds 2.2 percent of such premium 

23 as of September 30, 2006. 


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1 Subtitle B—Planning, 

2 Programming, and Management 

3 SEC. 721. TREATMENT OF TRICARE RETAIL PHARMACY 

4 NETWORK UNDER FEDERAL PROCUREMENT 

5 OF PHARMACEUTICALS. 

6 Section 1074g of title 10, United States Code, is 

7 amended— 

8 (1) by redesignating subsections (f) and (g) as 

9 subsections (g) and (h), respectively; and 

10 (2) by inserting after subsection (e) the fol11 lowing new subsection (f): 

12 ‘‘(f) TRICARE RETAIL PHARMACY NETWORK.—The 

13 TRICARE Retail Pharmacy Network under the 

14 TRICARE program shall be treated as an element of the 

15 Department of Defense for purposes of the procurement 

16 of drugs by Federal agencies under section 8126 of title 

17 38 in connection with the provision by pharmacies in the 

18 Network of pharmaceutical services to eligible covered 

19 beneficiaries under this section.’’. 

20 SEC. 722. RELATIONSHIP BETWEEN THE TRICARE PRO21 GRAM AND EMPLOYER-SPONSORED GROUP 

22 HEALTH CARE PLANS. 

23 (a) IN GENERAL.—Chapter 55 of title 10, United 

24 States Code, is amended by inserting after section 1097b 

25 the following new section: 


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1 ‘‘§ 1097c. TRICARE program: relationship with em2 ployer-sponsored group health plans 

3 ‘‘(a) IN GENERAL.—(1) The TRICARE program is 

4 the secondary payer for any health care services provided 

5 by an employer to a TRICARE eligible employee of such 

6 employer, and the spouse of such employee, through any 

7 group health plan offered by such employer. 

8 ‘‘(2) An employer shall provide that a TRICARE eli9 gible employee of such employer, and the spouse of such 

10 employee, is entitled to benefits and services under the 

11 group health plan offered by such employer in the same 

12 manner and to the same extent as similarly situated em13 ployees of such employer who are not TRICARE eligible 

14 employees. 

15 ‘‘(3) An employer of a TRICARE eligible employee 

16 may not establish any condition applicable to the partici17 pation of the employee in a group health plan offered by 

18 such employer in connection with the entitlement of the 

19 employee for health care services under the TRICARE 

20 program, including any condition on— 

21 ‘‘(A) the eligibility of the employee for partici22 pation in the plan; or 

23 ‘‘(B) benefits or services available to the em24 ployee under the plan. 

25 ‘‘(b) PROHIBITION ON INCENTIVES FOR TRICARE 

26 ELIGIBLE EMPLOYEES NOT TO ENROLL OR TO


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1 DISENROLL IN GROUP HEALTH PLANS.—(1) An employer 

2 may not offer a TRICARE eligible employee any financial 

3 or other benefit (including health services coverage that 

4 is supplemental to health services coverage under the 

5 TRICARE program) not to enroll, or to disenroll, in the 

6 group health plan offered by the employer in order to en7 sure that the TRICARE program, rather than the plan, 

8 is the primary payer for health care services received by 

9 the employee. 

10 ‘‘(2)(A) An employer who violates the prohibition in 

11 paragraph (1) shall be liable to the United States for a 

12 civil penalty in an amount not to exceed $5,000 for each 

13 violation. 

14 ‘‘(B) Any amounts collected under this paragraph 

15 shall be credited to the appropriation available for the 

16 TRICARE program for the fiscal year in which such 

17 amounts are collected. 

18 ‘‘(3)(A) Except as provided in subparagraph (B), the 

19 provisions of section 1128A of the Social Security Act (42 

20 U.S.C. 1320a–7a), other than subsections (a) and (b) of 

21 such section 1128A, which provisions relate to procedures 

22 for the imposition of civil money penalties for certain viola23 tions of the Social Security Act, shall apply to the imposi24 tion of penalties under paragraph (2). 


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1 ‘‘(B) The Secretary of Defense may provide in the 

2 regulations prescribed under this section for the applica3 tion to the imposition of penalties under paragraph (2) 

4 of procedural requirements specified in such regulations 

5 rather than the procedural requirements referred to in 

6 subparagraph (A). Any procedural requirements under 

7 such regulations shall be comparable to the procedural re8 quirements referred to in subparagraph (A). 

9 ‘‘(c) ELECTION OF TRICARE ELIGIBLE EMPLOYEES

10 TO PARTICIPATE IN GROUP HEALTH PLAN.—A 

11 TRICARE eligible employee shall have the opportunity to 

12 elect to participate in the group health plan offered by 

13 the employer of the employee and receive primary coverage 

14 for health care services under the plan in the same manner 

15 and to the same extent as similarly situated employees of 

16 such employer who are not TRICARE eligible employees. 

17 ‘‘(d) INAPPLICABILITY TO CERTAIN EMPLOYERS.— 

18 The provisions of this section do not apply to any employer 

19 who has fewer than 20 employees. 

20 ‘‘(e) RETENTION OF ELIGIBILITY FOR COVERAGE

21 UNDER TRICARE.—Nothing in this section, including an 

22 election made by a TRICARE eligible employee under sub23 section (c), shall be construed to effect, modify, or termi24 nate the eligibility of a TRICARE eligible employee or 

25 spouse of such employee for health care or dental services 


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1 under this chapter in accordance with the other provisions 

2 of this chapter. 

3 ‘‘(f) COLLECTION OF INFORMATION.—(1) To improve 

4 the administration of this section, the Secretary of De5 fense may utilize the authorities on collection of informa6 tion set forth in paragraphs (1) and (2) of section 1095(k) 

7 of this title, including the authority in the second sentence 

8 of paragraph (2) of such section. 

9 ‘‘(2) Information obtained pursuant to the use of the 

10 authorities in paragraph (1) may not be disclosed for any 

11 purpose of than to carry out the purpose of this section. 

12 ‘‘(g) OUTREACH.—The Secretary of Defense shall, in 

13 coordination with the other administering Secretaries, 

14 conduct outreach to inform covered beneficiaries who are 

15 entitled to health care benefits under the TRICARE pro16 gram of the rights and responsibilities of such bene17 ficiaries and employers under this section. 

18 ‘‘(h) REGULATIONS.—The Secretary of Defense shall 

19 prescribe regulations relating to the administration and 

20 enforcement of this section. The regulations shall be pre21 scribed in consultation with the other administering Secre22 taries and the Attorney General, as appropriate. 

23 ‘‘(i) DEFINITIONS.—In this section: 

24 ‘‘(1) The term ‘employer’ includes a State or 

25 unit of local government. 


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1 ‘‘(2) The term ‘group health plan’ means a 

2 group health plan (as that term is defined in section 

3 5000(b)(1) of the Internal Revenue Code of 1986 

4 without regard to section 5000(d) of the Internal 

5 Revenue Code of 1986). 

6 ‘‘(3) The term ‘primary payer’ means a group 

7 health plan that provides a benefit that would be 

8 primary under section 1079(j)(1) or 1086(g) of this 

9 title. 

10 ‘‘(4) The term ‘secondary payer’ means a plan 

11 or program whose medical benefits are payable only 

12 after a primary payer has provided medical benefits 

13 in accordance with applicable law and the plan of 

14 the primary payer. 

15 ‘‘(5) The term ‘TRICARE eligible employee’ 

16 means a covered beneficiary under section 1086 of 

17 this title entitled to health care benefits under the 

18 TRICARE program. 

19 ‘‘(j) EFFECTIVE DATE.—This section shall take ef20 fect on January 1, 2008.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 at the beginning of chapter 55 of such title is amended 

23 by inserting after the item relating to section 1097b the 

24 following new item: 

‘‘1097c. TRICARE program: relationship with employer-sponsored group health 

plans.’’. 


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1 SEC. 723. ENROLLMENT IN THE TRICARE PROGRAM. 

2 (a) SYSTEM OF ENROLLMENT REQUIRED.—Chapter 

3 55 of title 10, United States Code, is amended by inserting 

4 after section 1097c, as added by section 722(a) of this 

5 Act, the following new section: 

6 ‘‘§ 1097d. TRICARE program: system of enrollment 

7 ‘‘(a) ESTABLISHMENT OF SYSTEM.—Not later than 

8 October 1, 2007, the Secretary of Defense shall establish 

9 a universal system for enrollment of all beneficiaries who 

10 obtain health care services from military medical treat11 ment facilities or civilian health care providers under the 

12 TRICARE program (in this section referred to as ‘partici13 pating beneficiaries’). 

14 ‘‘(b) PURPOSES OF SYSTEM.—The purposes of the 

15 system required by subsection (a) shall be as follows: 

16 ‘‘(1) To ensure the efficient administration of 

17 benefits under the TRICARE program, including 

18 the Standard option of TRICARE. 

19 ‘‘(2) To ensure that the geographic distribution 

20 of healthcare providers under the TRICARE pro21 gram meets the needs of participating beneficiaries 

22 for ready access to health care services under the 

23 program. 

24 ‘‘(3) To promote the implementation of disease 

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1 ization Act for Fiscal Year 2007 and other provi2 sions of law. 

3 ‘‘(c) ELEMENTS.—The system required by subsection 

4 (a) shall be subject to the following: 

5 ‘‘(1) Enrollment is required for all benefits op6 tions under the TRICARE program. 

7 ‘‘(2) A one-time enrollment fee (in the amount 

8 of $25, in the case of an individual enrolling in self 

9 only coverage, or $40, in the case of an individual 

10 enrolling in self and family coverage) may be col11 lected for all participating beneficiaries who utilize 

12 the Standard option of TRICARE, except that such 

13 enrollment fee may not be collected from the fol14 lowing: 

15 ‘‘(A) Dependents of members of the armed 

16 forces on active duty. 

17 ‘‘(B) Dependents of Reserves on extended 

18 active duty pursuant to a call or order to active 

19 duty of 30 days or more. 

20 ‘‘(C) Participating beneficiaries who are 

21 also eligible for benefits under the Medicare 

22 program under title XVIII of the Social Secu23 rity Act (42 U.S.C. 1395 et seq.). 


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1 ‘‘(D) Participating beneficiaries enrolled in 

2 TRICARE Reserve Select under section 1076d 

3 of this title. 

4 ‘‘(3) Enrollment in the system may occur at 

5 any time. 

6 ‘‘(4) Enrollment in the system shall be by a va7 riety of means utilizing a standard format. 

8 ‘‘(d) ADMINISTRATION.—The Secretary shall provide 

9 for the administration of the system in each region of the 

10 TRICARE program by the TRICARE Regional Director 

11 for such region. 

12 ‘‘(e) HEALTH RISK ASSESSMENT.—(1) The Sec13 retary of Defense shall provide to each participating bene14 ficiary who enrolls in the system required by subsection 

15 (a) a health risk assessment not later than 120 days after 

16 the date of the enrollment of such participating beneficiary 

17 in the system. 

18 ‘‘(2) The Secretary shall provide health risk assess19 ments under paragraph (1) by any means that the Sec20 retary considers appropriate for purposes of this section. 

21 ‘‘(f) CONSEQUENCES OF LACK OF PAYMENT OF EN22 ROLLMENT FEE.—(1) In the case of any participating 

23 beneficiary who is subject to the payment of an enrollment 

24 fee under the authority in subsection (c)(2), payment of 

25 the enrollment fee shall, except as provided in paragraph 


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1 (2), be a condition for receipt of benefits under the 

2 TRICARE program. 

3 ‘‘(2) The Secretary of Defense may waive the applica4 bility of paragraph (1) to any participating beneficiary or 

5 class of participating beneficiaries if the Secretary deter6 mines that the waiver is in the best interests of the United 

7 States. 

8 ‘‘(g) COMMUNICATIONS AND OUTREACH WITH EN9 ROLLEES.—(1) The Secretary of Defense shall, on a peri10 odic basis but not less often than annually, provide to par11 ticipating beneficiaries who are enrolled in the system re12 quired by subsection (a) information on current matters 

13 relating to the TRICARE program, including information 

14 on benefits available under the TRICARE program and 

15 information on preventive health care services and other 

16 practices intended to promote health and wellness among 

17 such participating beneficiaries. 

18 ‘‘(2) The Secretary shall, on a periodic basis, conduct 

19 surveys or otherwise collect information on participating 

20 beneficiaries enrolled in the system with respect to the fol21 lowing: 

22 ‘‘(A) The satisfaction of such beneficiaries who 

23 are participants in the option of the TRICARE pro24 gram known as TRICARE Standard with the nature 


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1 and scope of, and access to, health care services 

2 under that option. 

3 ‘‘(B) Other health care insurance, if any, that 

4 is available to such beneficiaries. 

5 ‘‘(C) Any other matters that the Secretary con6 siders appropriate to improve health care benefits 

7 and access to health care services under the 

8 TRICARE program. 

9 ‘‘(h) CONSULTATION.—The Secretary of Defense 

10 shall carry out this section in consultation with the other 

11 administering Secretaries.’’. 

12 (b) COMPTROLLER GENERAL REPORT ON SYSTEM.— 

13 Not later than September 15, 2007, the Comptroller Gen14 eral of the United States shall submit to the congressional 

15 defense committees a report on the system of enrollment 

16 required by section 1097d of title 10, United States Code 

17 (as added by subsection (a)). The report shall include the 

18 following: 

19 (1) An assessment of the progress made toward 

20 implementation of the system. 

21 (2) A description and assessment of the inte22 gration of the system with the regional business plan 

23 of the TRICARE Regional Offices. 


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1 (3) An assessment of the readiness of the De2 partment to implement the system by October 1, 

3 2007. 

4 (c) REPEAL OF SUPERSEDED AUTHORITY.—Section 

5 1099 of title 10, United States Code, is repealed. 

6 (d) CLERICAL AMENDMENTS.—The table of sections 

7 at the beginning of chapter 55 of such title is amended— 

8 (1) by inserting after the item relating to sec9 tion 1097c, as added by section 722(b) of this Act, 

10 the following new item: 

‘‘1097d. TRICARE program: system of enrollment.’’; 

11 and 

12 (2) by striking the item relating to section 

13 1099. 

14 SEC. 724. INCENTIVE PAYMENTS FOR THE PROVISION OF 

15 SERVICES UNDER THE TRICARE PROGRAM IN 

16 MEDICALLY UNDERSERVED AREAS. 

17 (a) IN GENERAL.—Chapter 55 of title 10, United 

18 States Code, is amended by inserting after section 1097d, 

19 as added by section 723(a) of this Act, the following new 

20 section: 

21 ‘‘§ 1097e. TRICARE program: incentive payments for 

22 provision of services in medically under23 served areas 

24 ‘‘(a) INCENTIVE PAYMENTS AUTHORIZED.—(1) 

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1 uary 1, 2008, the Secretary of Defense, after consultation 

2 with the other administering Secretaries, shall make in3 centive payments under this section to physicians partici4 pating in the TRICARE program in a medically under5 served area. 

6 ‘‘(2) Incentive payments payable under this section 

7 shall be paid with respect to physician professional serv8 ices furnished in medically underserved areas. 

9 ‘‘(3) The incentive payment payable under this sec10 tion with respect to a physician professional service is in 

11 addition to any other amounts payable for such service 

12 under the TRICARE program. 

13 ‘‘(b) MEDICALLY UNDERSERVED AREA.—For pur14 poses of this section, a medically underserved area is ei15 ther of the following: 

16 ‘‘(1) A primary care scarcity county (with re17 spect to a primary care physician) or specialist care 

18 scarcity county (with respect to any other physician) 

19 identified by the Secretary of Health and Human 

20 Services under section 1833(u)(4) of the Social Se21 curity Act (42 U.S.C. 1395l(u)(4)). 

22 ‘‘(2) A health professional shortage area identi23 fied by the Secretary of Health and Human Services 

24 under section 1833(m)(1) of the Social Security Act 

25 (42 U.S.C. 1395l(m)(1)). 


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1 ‘‘(c) AMOUNT OF INCENTIVE PAYMENT.—The 

2 amount of the incentive payment payable under subsection 

3 (a) with respect to a physician professional service is as 

4 follows: 

5 ‘‘(1) In the case of a service furnished by a pri6 mary care physician in a primary care scarcity coun7 ty or a service furnished by any other physician in 

8 a specialist care scarcity county covered by sub9 section (b)(1), an amount equal to 5 percent of the 

10 amount payable for the service under the TRICARE 

11 program. 

12 ‘‘(2) In the case of a service furnished in an 

13 area covered by subsection (b)(2), an amount equal 

14 to 10 percent of the amount payable for the service 

15 under the TRICARE program. 

16 ‘‘(3) In the case of a service provided in a loca17 tion that is covered by both paragraphs (1) and (2) 

18 of subsection (b), an amount equal to 15 percent of 

19 the amount payable for the service under the 

20 TRICARE program. 

21 ‘‘(d) LOCATION OF PROVISION OF SERVICE.—(1) For 

22 purposes of identifying the location in which a physician 

23 professional service is furnished for purposes of this sec24 tion, the Secretary of Defense shall use the 5–digit postal 

25 ZIP code system. 


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1 ‘‘(2) If the 5–digit postal ZIP code for an area covers 

2 more than one county, the dominant county (as deter3 mined by the United States Postal Service or otherwise) 

4 shall be used to determine whether the postal ZIP code 

5 is in a scarcity county covered by subsection (b)(1). 

6 ‘‘(e) FREQUENCY OF PAYMENT.—Incentive payments 

7 payable under this section shall be paid on a quarterly 

8 basis for incentive payments accrued during the previous 

9 calendar quarter. 

10 ‘‘(f) REGULATIONS.—The Secretary of Defense, in 

11 consultation with the other administering Secretaries, 

12 shall prescribe regulations for the administration of this 

13 section.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 55 of such title, as amended 

16 by section 723(d)(1) of this Act, is further amended by 

17 inserting after the item relating to section 1097d the fol18 lowing new item: 

‘‘1097e. TRICARE program: incentive payments for provision of services in 

medically underserved areas.’’. 

19 SEC. 725. STANDARDIZATION OF CLAIMS PROCESSING 

20 UNDER TRICARE PROGRAM AND MEDICARE 

21 PROGRAM. 

22 (a) IN GENERAL.—Effective October 1, 2007, the 

23 claims processing requirements under the TRICARE pro24 gram on the matters described in subsection (b) shall be 


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1 identical to the claims processing requirements under the 

2 Medicare program on such matters. 

3 (b) COVERED MATTERS.—The matters described in 

4 this subsection are as follows: 

5 (1) The utilization of single or multiple provider 

6 identification numbers for purposes of the payment 

7 of health care claims by Department of Defense con8 tractors. 

9 (2) The documentation required to substantiate 

10 medical necessity for items and services that are cov11 ered under both the TRICARE program and the 

12 Medicare program. 

13 (c) IMMEDIATE COLLECTION FROM THIRD-PARTY

14 PAYERS.— 

15 (1) POLICY REQUIRED.—The Secretary of De16 fense, in consultation with the other administering 

17 Secretaries, shall prescribe in regulations a policy for 

18 the collection of amounts from third-party payers as 

19 authorized by section 1095 of title 10, United States 

20 Code, immediately upon the presentation of claims 

21 for health care services to the Department of De22 fense. 

23 (2) OVERPAYMENT.—The policy required by 

24 subsection (a) shall include mechanisms for the 


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1 recoupment by third-party payers of amounts over2 paid to the United States under the policy. 

3 (d) ANNUAL REPORTS ON CLAIMS PROCESSING

4 STANDARDIZATION.— 

5 (1) IN GENERAL.—Not later than October 1, 

6 2007, and annually thereafter, the Secretary of De7 fense shall submit to the congressional defense com8 mittees a report setting forth a complete list of the 

9 claims processing requirements under the TRICARE 

10 program that differ from claims processing require11 ments under the Medicare program. 

12 (2) ELEMENTS.—Each report under paragraph 

13 (1) shall include, for each claims processing require14 ment listed in such report, a business case that jus15 tifies maintaining such requirement under the 

16 TRICARE program as a different claims processing 

17 requirement than that required under the Medicare 

18 program. 

19 (e) DEFINITIONS.—In this section: 

20 (1) The term ‘‘administering Secretaries’’ has 

21 the meaning given that term in section 1072(3) of 

22 title 10, United States Code. 

23 (2) The term ‘‘Medicare program’’ means the 

24 program under title XVIII of the Social Security Act 

25 (42 U.S.C. 1395 et seq.). 


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1 (3) The term ‘‘TRICARE program’’ has the 

2 meaning given that term in section 1072(7) of title 

3 10, United States Code. 

4 SEC. 726. REQUIREMENTS FOR SUPPORT OF MILITARY 

5 TREATMENT FACILITIES BY CIVILIAN CON6 TRACTORS UNDER TRICARE. 

7 (a) ANNUAL INTEGRATED REGIONAL REQUIRE8 MENTS ON SUPPORT.—The Regional Director of each re9 gion under the TRICARE program shall develop each year 

10 integrated, comprehensive requirements for the support of 

11 military treatment facilities in such region that is provided 

12 by contract civilian health care and administrative per13 sonnel under the TRICARE program. 

14 (b) PURPOSES.—The purposes of the requirements 

15 established under subsection (a) shall be as follows: 

16 (1) To ensure consistent standards of quality in 

17 the support of military treatment facilities by con18 tract civilian health care personnel under the 

19 TRICARE program. 

20 (2) To identify targeted, actionable opportuni21 ties throughout each region of the TRICARE pro22 gram for the most efficient delivery of health care 

23 and support of military treatment facilities. 

24 (3) To ensure the most effective use of various 

25 available contracting methods in securing support of 


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1 military treatment facilities by civilian personnel 

2 under the TRICARE program, including resource3 sharing and clinical support agreements, direct con4 tracting, and venture capital investments. 

5 (4) To achieve savings targets for each region 

6 under the TRICARE program. 

7 (c) FACILITATION AND ENHANCEMENT OF CON8 TRACTOR SUPPORT.— 

9 (1) IN GENERAL.—The Secretary of Defense 

10 shall take appropriate actions to facilitate and en11 hance the support of military treatment facilities 

12 under the TRICARE program in order to assure 

13 maximum quality and productivity. 

14 (2) ACTIONS.—In taking actions under para15 graph (1), the Secretary shall— 

16 (A) ensure approval by a Regional Director 

17 of all proposals for the support of military 

18 treatment facilities in the region concerned in 

19 accordance with the most current requirements 

20 established by such Regional Director under 

21 subsection (a); 

22 (B) ensure the availability of adequate and 

23 sustainable funding support for projects which 

24 produce a return on investment to the military 

25 treatment facilities; 


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1 (C) ensure that a portion of any return on 

2 investment is returned to the military treatment 

3 facility to which such savings are attributable; 

4 (D) require consistent standards of quality 

5 for contract civilian health care personnel pro6 viding support of military treatment facilities 

7 under the TRICARE program, including— 

8 (i) consistent credentialing require9 ments among military treatment facilities; 

10 and 

11 (ii) accreditation of health care staff12 ing firms by the Joint Commission on the 

13 Accreditation of Health Care Organization 

14 Health Care Staffing Standards; 

15 (E) remove financial disincentives for mili16 tary treatment facilities and civilian contractors 

17 to initiate and sustain agreements for the sup18 port of military treatment facilities by such con19 tractors under the TRICARE program; 

20 (F) provide for a consistent process across 

21 all regions of the TRICARE program for devel22 oping cost benefit analyses of agreements for 

23 the support of military treatment facilities by 

24 civilian contractors under the TRICARE pro25 gram based on actual cost and utilization data 


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1 within each region of the TRICARE program; 

2 and 

3 (G) provide for a system for tracking the 

4 performance of each project for support of mili5 tary treatment facilities by a civilian contractor 

6 under the TRICARE program. 

7 (d) REPORTS TO CONGRESS.— 

8 (1) ANNUAL REPORTS REQUIRED.—Not later 

9 than February 1 each year, the Secretary shall sub10 mit to the congressional defense committees a report 

11 on the support of military treatment facilities by ci12 vilian contractors under the TRICARE program 

13 during the preceding fiscal year. 

14 (2) ELEMENTS.—Each report shall set forth, 

15 for the fiscal year covered by such report, the fol16 lowing: 

17 (A) The status of the support of military 

18 health treatment facilities that is provided by 

19 contract civilian health care personnel under the 

20 TRICARE program in each region of the 

21 TRICARE program. 

22 (B) An assessment of the compliance of 

23 such support with regional requirements under 

24 subsection (a). 


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1 (C) The number and type of agreements 

2 for the support of military treatment facilities 

3 by contract civilian health care personnel. 

4 (D) The standards of quality in effect 

5 under the requirements under subsection (a). 

6 (E) The savings anticipated, and any sav7 ings achieved, as a result of the implementation 

8 of the requirements under subsection (a). 

9 SEC. 727. UNIFORM STANDARDS FOR ACCESS TO HEALTH 

10 CARE SERVICES FOR WOUNDED OR INJURED 

11 SERVICEMEMBERS. 

12 (a) UNIFORM STANDARDS REQUIRED.—The Sec13 retary of Defense shall prescribe in regulations uniform 

14 standards for the access of wounded or injured members 

15 of the Armed Forces to health care services through the 

16 military health care system. 

17 (b) MATTERS COVERED BY STANDARDS.—The 

18 standards required by subsection (a) shall establish uni19 form policy with respect to the following: 

20 (1) The access of wounded or injured members 

21 of the Armed Forces to emergency care. 

22 (2) The access of such members to surgical 

23 services. 

24 (3) Waiting times for referrals and consulta25 tions of such members by medical personnel, dental 


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1 personnel, mental health specialists, and rehabilita2 tive service specialists, including personnel and spe3 cialists with expertise in prosthetics and the in treat4 ment of head, vision, and spinal cord injuries. 

5 (4) Waiting times of such members for acute 

6 care and for routine follow-up care. 

7 (c) REFERRAL TO PROVIDERS OUTSIDE MILITARY

8 HEALTH CARE SYSTEM.—To the extent practicable, the 

9 Secretary shall require in the standards under subsection 

10 (a) that the standards be met through whatever means 

11 or mechanisms possible, including through the referral of 

12 members described in that subsection to health care pro13 viders outside the military health care system. 

14 (d) TRACKING OF PERFORMANCE.—The standards 

15 required by subsection (a) shall require each Secretary 

16 concerned to establish mechanisms for tracking the per17 formance of the military health care system under the ju18 risdiction of such Secretary in meeting the requirements 

19 for access of wounded or injured members of the Armed 

20 Forces to health care services set forth in such standards. 

21 (e) SECRETARY CONCERNED DEFINED.—In this sec22 tion, the term ‘‘Secretary concerned’’ has the meaning 

23 given that term in section 101(a) of title 10, United States 

24 Code. 


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1 SEC. 728. DISEASE AND CHRONIC CARE MANAGEMENT. 

2 (a) PROGRAM REQUIRED.—Not later than October 1, 

3 2007, the Secretary of Defense shall establish and imple4 ment throughout the military health care system a fully5 integrated program on disease and chronic care manage6 ment that provides, to the extent practicable, uniform poli7 cies and practices, and regional execution of such policies 

8 and practices, on disease management and chronic care 

9 management throughout that system, including both mili10 tary hospitals and clinics and civilian healthcare providers. 

11 (b) PURPOSES OF PROGRAM.—The purposes of the 

12 program required by subsection (a) are as follows: 

13 (1) To facilitate the improvement of the health 

14 status of individuals under care in the military 

15 health care system. 

16 (2) To ensure the availability of effective health 

17 care services in that system for individuals with dis18 eases and other chronic conditions. 

19 (3) To ensure the proper allocation of health 

20 care resources for individuals who need care for dis21 ease or other chronic conditions. 

22 (c) ELEMENTS.—The program required by sub23 section (a) shall meet the following requirements: 

24 (1) Based on uniform policies prescribed by the 

25 Secretary under subsection (a), the program shall, at 


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1 a minimum, address the following chronic diseases 

2 and conditions: 

3 (A) Diabetes. 

4 (B) Cancer. 

5 (C) Heart disease. 

6 (D) Asthma. 

7 (E) Chronic obstructive pulmonary dis8 order. 

9 (F) Depression and anxiety disorders. 

10 (2) The program shall meet nationally-recog11 nized accreditation standards for disease and chronic 

12 care management. 

13 (3) The program shall include specific outcome 

14 measures and objectives on disease and chronic care 

15 management. 

16 (4) The program shall include strategies for 

17 disease and chronic care management for all bene18 ficiaries, including beneficiaries eligible for benefits 

19 under the Medicare program under title XVIII of 

20 the Social Security Act (42 U.S.C. 1395 et seq.), for 

21 whom the TRICARE program is not the primary 

22 payer for health care benefits. 

23 (5) Activities under the program shall conform 

24 to applicable laws and regulations relating to the 

25 confidentiality of health care information. 


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1 (d) DESIGN OF CERTAIN PORTIONS OF PROGRAM.— 

2 As part of the program required under subsection (a), the 

3 Secretary may contract for the design of a disease and 

4 chronic care management program for the military health 

5 care system. 

6 (e) ACTIONS TO FACILITATE PROGRAM.—In order to 

7 facilitate the carrying out of the program required by sub8 section (a), the Secretary shall— 

9 (1) require a comprehensive analysis of the dis10 ease and chronic care management opportunities 

11 within each region of the TRICARE program, in12 cluding within military treatment facilities and 

13 through contractors under the TRICARE program; 

14 (2) ensure continuous, adequate funding of dis15 ease and chronic care management activities 

16 throughout the military health care system in order 

17 to achieve maximum health outcomes and cost avoid18 ance; 

19 (3) eliminate, to the extent practicable, any fi20 nancial disincentives to sustained investment by mili21 tary hospitals and health care services contractors of 

22 the Department of Defense in the disease and chron23 ic care management activities of the Department; 


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1 (4) ensure that appropriate clinical and claims 

2 data, including pharmacy utilization data, is avail3 able for use in implementing the program; 

4 (5) ensure outreach to eligible beneficiaries, 

5 who, on the basis of their clinical conditions, are 

6 candidates for the program utilizing print and elec7 tronic media, telephone, and personal interaction; 

8 and 

9 (6) provide a system for monitoring improve10 ments in health status and clinical outcomes under 

11 the program and savings associated with the pro12 gram. 

13 (f) COMPTROLLER GENERAL REPORT.—Not later 

14 than September 15, 2007, the Comptroller General of the 

15 United States shall submit to the congressional defense 

16 committees a report on the program required by sub17 section (a). The report shall include the following: 

18 (1) An assessment of the progress made toward 

19 implementation of the program. 

20 (2) A description and assessment of the inte21 gration of disease and chronic care management 

22 strategies in the regional business plan of the 

23 TRICARE Regional Offices. 


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1 (3) An assessment of the readiness of the De2 partment to implement the program by October 1, 

3 2007. 

4 (g) SECRETARY OF DEFENSE REPORTS.— 

5 (1) IN GENERAL.—Not later than January 1, 

6 2008, and every year thereafter, the Secretary shall 

7 submit to the congressional defense committees a re8 port on the program required by subsection (a). 

9 (2) REPORT ELEMENTS.—Each report required 

10 by this subsection shall include the following: 

11 (A) An assessment of the program during 

12 the one-year period ending on the date of such 

13 report. 

14 (B) A description and assessment of im15 provements in health status and clinical out16 comes. 

17 (C) A description of the savings and return 

18 on investment associated with the program. 

19 (D) A description of an investment strat20 egy to assure the sustainment of the disease 

21 and chronic care management programs of the 

22 Department of Defense. 


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1 SEC. 729. POST-DEPLOYMENT HEALTH ASSESSMENTS FOR 

2 MEMBERS OF THE ARMED FORCES RETURN3 ING FROM DEPLOYMENT IN SUPPORT OF A 

4 CONTINGENCY OPERATION. 

5 (a) IN GENERAL.—Not later than 60 days after the 

6 date of the enactment of this Act, the Secretary of Defense 

7 shall prescribe in regulations requirements applicable to 

8 the conduct of post-deployment health assessments for 

9 members of the Armed Forces returning from deployment 

10 in support of a contingency operation. 

11 (b) GENERAL REQUIREMENTS.—The regulations pre12 scribed under subsection (a) shall require the following: 

13 (1) That a health assessment be conducted on 

14 each member of the Armed Forces returning from 

15 deployment in support of a contingency operation 

16 within such time after the return of such member 

17 from deployment as the Secretary shall specify in 

18 the regulations. 

19 (2) That each health assessment be conducted 

20 by a healthcare provider having such qualifications 

21 as the Secretary shall specify in the regulations. 

22 (3) That each health assessment assess such 

23 health-related matters as the Secretary shall specify 

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1 uation relating to mental health (including evalua2 tion of the effects of combat or operational stress). 

3 (4) That the results of each health assessment 

4 be stored in a centralized data base maintained by 

5 the Secretary under this section. 

6 (c) ASSESSMENTS OF MENTAL HEALTH.— 

7 (1) CRITERIA FOR REFERRAL FOR FURTHER

8 EVALUATIONS.—The regulations prescribed under 

9 subsection (a) shall include— 

10 (A) criteria to be utilized by healthcare 

11 providers in determining whether to refer a 

12 member of the Armed Forces for further eval13 uation relating to mental health; 

14 (B) mechanisms to ensure that healthcare 

15 providers are trained in the application of such 

16 criteria in making such determinations; and 

17 (C) mechanisms for oversight to ensure 

18 that healthcare providers apply such criteria 

19 consistently. 

20 (2) AVAILABILITY OF REFERRAL.—Under the 

21 regulations, a copy of a referral of a member for fur22 ther evaluation relating to mental health shall be— 

23 (A) provided to the member; 


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1 (B) placed in the healthcare record of the 

2 member that is maintained by the Department 

3 of Defense; and 

4 (C) provided to the healthcare manager of 

5 the member. 

6 (3) TRACKING MECHANISMS.—The regulations 

7 shall include mechanisms to ensure that a member 

8 who receives a referral for further evaluation relat9 ing to mental health receives such evaluation and ob10 tains such care and services as are warranted. 

11 (4) QUALITY ASSURANCE.—The regulations 

12 shall include a requirement that the Department ad13 dress, as part of the deployment health assessment 

14 quality assurance program of the Department, the 

15 following: 

16 (A) The types of healthcare providers con17 ducting post-deployment health assessments. 

18 (B) The training received by such pro19 viders applicable to the conduct of such assess20 ments, including training on assessments and 

21 referrals relating to mental health. 

22 (C) The guidance available to such pro23 viders on how to apply the criteria prescribed 

24 under paragraph (1)(A) in determining whether 

25 to make a referral for further evaluation of a 


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1 member of the Armed Forces relating to mental 

2 health. 

3 (D) The effectiveness of the tracking 

4 mechanisms required under paragraph (3) in 

5 ensuring that members who receive referrals for 

6 further evaluations relating to mental health re7 ceive such evaluations and obtain such care and 

8 services as are warranted. 

9 (d) COMPTROLLER GENERAL REPORTS ON IMPLE10 MENTATION OF REQUIREMENTS.— 

11 (1) STUDY ON IMPLEMENTATION.—The Comp12 troller General of the United States shall carry out 

13 a study of the implementation of the requirements 

14 prescribed under this section. 

15 (2) PERIODIC EVALUATION OF MENTAL

16 HEALTH ASSESSMENT PROCESSES.—The Comp17 troller General shall, on a periodic basis, evaluate 

18 the following: 

19 (A) The compliance of the Department of 

20 Defense and healthcare providers with the re21 quirements under this section applicable to the 

22 assessment and referral of members of the 

23 Armed Forces relating to mental health. 

24 (B) The effectiveness of the processes 

25 under such requirements in addressing the 


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1 mental health care needs of members returning 

2 from deployments overseas. 

3 (3) REPORTS.—(A) Not later than March 1, 

4 2007, the Comptroller General shall submit to the 

5 Committees on Armed Services of the Senate and 

6 the House of Representatives a report on the study 

7 carried out under paragraph (1). 

8 (B) Upon completion of an evaluation under 

9 paragraph (2), the Comptroller General shall submit 

10 to the committees of Congress referred to in sub11 paragraph (A) a report on such evaluation. 

12 (e) CONTINGENCY OPERATION DEFINED.—In this 

13 section, the term ‘‘contingency operation’’ has the mean14 ing given that term in section 101(a)(13) of title 10, 

15 United States Code. 

16 Subtitle C—Studies and Reports 

17 SEC. 741. PILOT PROJECTS ON EARLY DIAGNOSIS AND 

18 TREATMENT OF POST TRAUMATIC STRESS 

19 DISORDER AND OTHER MENTAL HEALTH 

20 CONDITIONS. 

21 (a) PILOT PROJECTS REQUIRED.—The Secretary of 

22 Defense shall carry out not less than three pilot projects 

23 to evaluate the efficacy of various approaches to improving 

24 the capability of the military and civilian health care sys25 tems to provide early diagnosis and treatment of Post 


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1 Traumatic Stress Disorder (PTSD) and other mental 

2 health conditions. 

3 (b) DURATION.—The requirement to carry out pilot 

4 projects under this section shall commence on October 1, 

5 2007. Any pilot projects carried out under this section 

6 shall cease on September 30, 2008. 

7 (c) PILOT PROJECT REQUIREMENTS.— 

8 (1) MOBILIZATION-DEMOBILIZATION FACIL9 ITY.— 

10 (A) IN GENERAL.—One of the pilot 

11 projects under this section shall be carried out 

12 at a military medical facility at a large military 

13 installation at which the mobilization or demo14 bilization of members of the Armed Forces oc15 curs. 

16 (B) ELEMENTS.—The pilot project under 

17 this paragraph shall be designed to evaluate 

18 and produce effective diagnostic and treatment 

19 approaches for use by primary care providers in 

20 the military health care system in order to im21 prove the capability of such providers to diag22 nose and treat Post Traumatic Stress Disorder 

23 in a manner that avoids the referral of patients 

24 to specialty care by a psychiatrist or other men25 tal health professional. 


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1 (2) NATIONAL GUARD OR RESERVE FACILITY.— 

2 (A) IN GENERAL.—One of the pilot 

3 projects under this section shall be carried out 

4 at the location of a National Guard or Reserve 

5 unit or units that are located more than 40 

6 miles from a military medical facility and whose 

7 personnel are served primarily by civilian com8 munity health resources. 

9 (B) ELEMENTS.—The pilot project under 

10 this paragraph shall be designed— 

11 (i) to evaluate approaches for pro12 viding evidence-based clinical information 

13 on Post Traumatic Stress Disorder to civil14 ian primary care providers; and 

15 (ii) to develop educational materials 

16 and other tools for use by members of the 

17 National Guard or Reserve who come into 

18 contact with other members of the Na19 tional Guard or Reserve who may suffer 

20 from Post Traumatic Stress Disorder in 

21 order to encourage and facilitate early re22 porting and referral for treatment. 

23 (3) INTERNET-BASED DIAGNOSIS AND TREAT24 MENT.—One of the pilot projects under this section 

25 shall be designed to evaluate— 


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1 (A) Internet-based automated tools avail2 able to military and civilian health care pro3 viders for the early diagnosis and treatment of 

4 Post Traumatic Stress Disorder, and for track5 ing patients who suffer from Post Traumatic 

6 Stress Disorder; and 

7 (B) Internet-based tools available to family 

8 members of members of the Armed Forces in 

9 order to assist such family members in the 

10 identification of the emergence of Post Trau11 matic Stress Disorder. 

12 (d) EVALUATION OF PILOT PROJECTS.—The Sec13 retary shall evaluate each pilot project carried out under 

14 this section in order to assess the effectiveness of the ap15 proaches taken under such pilot project— 

16 (1) to improve the capability of the military and 

17 civilian health care systems to provide early diag18 nosis and treatment of Post Traumatic Stress Dis19 order and other mental health conditions among 

20 members of the regular components of the Armed 

21 Forces, and among members of the National Guard 

22 and Reserves, who have returned from deployment; 

23 and 

24 (2) to provide outreach to the family members 

25 of the members of the Armed Forces described in 


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1 paragraph (1) on Post Traumatic Stress Disorder 

2 and other mental health conditions among such 

3 members of the Armed Forces. 

4 (e) REPORT TO CONGRESS.— 

5 (1) REPORT REQUIRED.—Not later than De6 cember 31, 2008, the Secretary shall submit to the 

7 congressional defense committees a report on the 

8 pilot projects carried out under this section. 

9 (2) ELEMENTS.—The report required by para10 graph (1) shall include the following: 

11 (A) A description of each pilot project car12 ried out under this section. 

13 (B) An assessment of the effectiveness of 

14 the approaches taken under each pilot project 

15 to improve the capability of the military and ci16 vilian health care systems to provide early diag17 nosis and treatment of Post Traumatic Stress 

18 Disorder and other mental health conditions 

19 among members of the Armed Forces. 

20 (C) Any recommendations for legislative or 

21 administrative action that the Secretary con22 siders appropriate in light of the pilot projects, 

23 including recommendations on— 

24 (i) the training of health care pro25 viders in the military and civilian health 


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1 care systems on early diagnosis and treat2 ment of Post Traumatic Stress Disorder 

3 and other mental health conditions; and 

4 (ii) the provision of outreach on Post 

5 Traumatic Stress Disorder and other men6 tal health conditions to members of the 

7 National Guard and Reserves who have re8 turned from deployment. 

9 (D) A plan, in light of the pilot projects, 

10 for the improvement of the health care services 

11 provided to members of the Armed Forces in 

12 order to better assure the early diagnosis and 

13 treatment of Post Traumatic Stress Disorder 

14 and other mental health conditions among 

15 members of the Armed Forces, including a spe16 cific plan for outreach on Post Traumatic 

17 Stress Disorder and other mental health condi18 tions to members of the National Guard and 

19 Reserve who have returned from deployment in 

20 order to facilitate and enhance the early diag21 nosis and treatment of Post Traumatic Stress 

22 Disorder and other mental health conditions 

23 among such members of the National Guard 

24 and Reserves. 

25 (f) FUNDING.— 


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1 (1) IN GENERAL.—Of the amount authorized to 

2 be appropriated by section 303(a) for the Defense 

3 Health Program, $10,000,000 shall be available for 

4 pilot projects under this section. 

5 (2) AVAILABILITY.—The amount available 

6 under paragraph (1) shall remain available until ex7 pended. 

8 SEC. 742. ANNUAL REPORTS ON CERTAIN MEDICAL MAL9 PRACTICE CASES. 

10 (a) ANNUAL REPORTS TO SECRETARY OF DE11 FENSE.— 

12 (1) ANNUAL REPORTS REQUIRED.—Not later 

13 than February 1, 2007, and annually thereafter, 

14 each Secretary of a military department shall submit 

15 to the Secretary of Defense a report on the fol16 lowing: 

17 (A) Each case (other than a case involving 

18 the treatment of a member of the Armed 

19 Forces on active duty) during the preceding cal20 endar year in which— 

21 (i) a complaint or claim was made of 

22 medical malpractice committed in a med23 ical treatment facility of such military de24 partment or by a health care provider of or 

25 employed by such military department; and 


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1 (ii) either— 

2 (I) a judgment was entered 

3 against the United States in the 

4 amount of $1,000,000 or more; or 

5 (II) an award, compromise, or 

6 settlement was entered into by the 

7 United States requiring payment by 

8 the United States in the amount of 

9 $1,000,000 or more. 

10 (B) Each case during the preceding cal11 endar year in which the death of, or serious 

12 personal injury to, a member of the Armed 

13 Forces on active duty occurred as a result of 

14 medical malpractice while the member was a 

15 patient in a medical treatment facility of such 

16 military department or under the care of a 

17 health care provider of or employed by such 

18 military department. 

19 (2) REQUIRED INFORMATION.—The informa20 tion required in a report under paragraph (1) on a 

21 case covered by such paragraph shall include the fol22 lowing: 

23 (A) A description of the medical mal24 practice involved. 


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1 (B) A description of the actions, if any, 

2 taken with respect to the continued practice in 

3 the military health care system of the health 

4 care professionals involved. 

5 (b) TRANSMITTAL OF REPORTS TO CONGRESS.— 

6 (1) TRANSMITTAL REQUIRED.—Not later than 

7 April 1, 2007, and annually thereafter, the Secretary 

8 of Defense shall transmit to the congressional de9 fense committees the reports submitted to the Sec10 retary by the Secretaries of the military departments 

11 in such year. 

12 (2) TRANSMITTAL MATTERS.—In transmitting 

13 reports for a year under paragraph (1), the Sec14 retary may include with such reports the following: 

15 (A) Any information or recommendations 

16 with respect to the matters covered by such re17 ports that the Secretary considers appropriate. 

18 (B) A summary of the actions taken dur19 ing the year to address medical malpractice in 

20 the military health care system. 

21 (c) DISCLOSURE OF INFORMATION.—In submitting 

22 or transmitting reports under this section, the Secretaries 

23 of the military departments and the Secretary of Defense 

24 shall ensure that the information contained in such reVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00276 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 ports is suitable for disclosure to the public, taking into 

2 account the provisions of law as follows: 

3 (1) Section 552a of title 5, United States Code 

4 (commonly referred to as the ‘‘Privacy Act’’). 

5 (2) Laws relating to the protection and con6 fidentiality of medical quality assurance records, in7 cluding the provisions of section 1102 of title 10, 

8 United States Code. 

9 (3) Any other laws relating to the protection 

10 and confidentiality of medical records. 

11 SEC. 743. COMPTROLLER GENERAL STUDY ON DEPART12 MENT OF DEFENSE PHARMACY BENEFITS 

13 PROGRAM. 

14 (a) IN GENERAL.—The Comptroller General of the 

15 United States shall conduct a study of the Department 

16 of Defense pharmacy benefits program required by section 

17 1074g of title 10, United States Code. 

18 (b) ELEMENTS.—The study required by subsection 

19 (a) shall include an examination of the following: 

20 (1) The cost of the Department of Defense 

21 pharmacy benefits program since the inception of 

22 the program. 

23 (2) The relative costs of various options under 

24 the program. 


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1 (3) The copayment structure under the pro2 gram. 

3 (4) The effectiveness of the rebate system 

4 under the program as a way of passing on discounts 

5 received by the Federal Government in the purchase 

6 of pharmaceutical agents. 

7 (5) The uniform formulary under the program, 

8 including the success of the formulary in achieving 

9 savings anticipated through use of the formulary. 

10 (6) Various alternative means of purchasing 

11 pharmaceutical agents more efficiently for avail12 ability under the program. 

13 (7) The composition and decision-making proc14 esses of the Pharmacy and Therapeutics Committee. 

15 (8) The composition of the Beneficiary Advisory 

16 Panel and its history as an advisory panel under the 

17 program (including the frequency of the acceptance 

18 of its recommendations by the Secretary of De19 fense). 

20 (9) Quality assurance mechanisms under the 

21 program. 

22 (10) The role of the program in support of the 

23 disease and chronic care management programs of 

24 the Department of Defense. 


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1 (11) Mechanisms for customer service and cus2 tomer feedback under the program. 

3 (12) Beneficiary satisfaction with the program. 

4 (c) RESPONSE TO CERTAIN FINDINGS.— 

5 (1) PHARMACY AND THERAPEUTICS COM6 MITTEE.—The Pharmacy and Therapeutics Com7 mittee shall— 

8 (A) examine the results of the study of the 

9 Comptroller General under subsection (b)(7); 

10 and 

11 (B) make such recommendations to the 

12 Secretary of Defense for modifications in the 

13 composition and decision-making processes of 

14 the Committee as the Committee considers ap15 propriate in light of such results in order to im16 prove the efficiency of such processes. 

17 (2) BENEFICIARY ADVISORY PANEL.—The Ben18 eficiary Advisory Panel shall— 

19 (A) examine the results of the study of the 

20 Comptroller General under subsection (b)(8); 

21 and 

22 (B) make such recommendations to the 

23 Secretary of Defense for modifications in the 

24 composition and advisory functions of the Panel 


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1 as the Panel considers appropriate in light of 

2 such results in order to— 

3 (i) ensure the independence and con4 sumer focus of the Panel; 

5 (ii) ensure the participation of the 

6 Panel as an advisory board throughout im7 plementation of the Department of De8 fense pharmacy benefits program; and 

9 (iii) achieve more effective commu10 nication between the Secretary and the 

11 Panel. 

12 (d) REPORT.—Not later than nine months after the 

13 date of the enactment of this Act, the Comptroller General 

14 shall submit to the congressional defense committees a re15 port on the study required by subsection (a). The report 

16 shall include such recommendations as the Comptroller 

17 General considers appropriate for legislative or adminis18 trative action to improve the Department of Defense phar19 macy benefits program in light of the study. 

20 SEC. 744. COMPTROLLER GENERAL AUDITS OF DEPART21 MENT OF DEFENSE HEALTH CARE COSTS 

22 AND COST-SAVING MEASURES. 

23 (a) GENERAL AUDIT REQUIRED.— 

24 (1) IN GENERAL.—The Comptroller General of 

25 the United States shall conduct an audit of the 


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1 health care costs and cost-saving measures of the 

2 Department of Defense in accordance with this sub3 section. The Comptroller General shall conduct the 

4 audit in conjunction with the Department of Defense 

5 initiative to manage future medical benefits available 

6 through the Department known as ‘‘Sustain the 

7 Benefit’’. 

8 (2) ELEMENTS.—The audit required by para9 graph (1) shall examine the following: 

10 (A) The basis for the calculation by the 

11 Department of Defense of the portion of the 

12 costs of health care benefits provided by the 

13 Department to beneficiaries that were paid by 

14 such beneficiaries in each of 1995 and 2005, in15 cluding— 

16 (i) a comparison of the cost to the De17 partment of providing such benefits in 

18 each of 1995 and 2005; 

19 (ii) the explanation for any increases 

20 in the costs of the Department of pro21 viding such benefits between 1995 and 

22 2005; and 

23 (iii) a comparison of the amounts 

24 paid, by category of beneficiaries, for 

25 health care benefits in 1995 with the 


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1 amounts paid, by category of beneficiaries, 

2 for such benefits in 2005. 

3 (B) The calculations and assumptions uti4 lized by the Department in estimating the sav5 ings anticipated through the implementation of 

6 proposed increases in cost-sharing for health 

7 care benefits beginning in 2007. 

8 (C) The average annual rate of increase, 

9 based on inflation, of medical costs for the De10 partment under the Defense Health Program. 

11 (D) The annual rate of growth in the cost 

12 of the Defense Health Program that is attrib13 utable to inflation in the cost of medical serv14 ices over the last five years and how such rate 

15 of growth compares with annual rates of in16 creases in health care premiums under the Fed17 eral Employee Health Benefit Program and 

18 other health care programs as well as rates of 

19 growth of other health care cost indices over 

20 that time. 

21 (E) The assumptions utilized by the De22 partment in estimating savings associated with 

23 adjustments in copayments for pharmaceuticals. 


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1 (F) The costs of the administration of the 

2 Defense Health Program and the TRICARE 

3 program for all categories of beneficiaries. 

4 (c) AUDIT OF TRICARE RESERVE SELECT PRO5 GRAM.— 

6 (1) IN GENERAL.—In addition to the audit re7 quired by subsection (a), the Comptroller General 

8 shall conduct an audit of the costs of the Depart9 ment of Defense in implementing the TRICARE Re10 serve Select Program. 

11 (2) ELEMENTS.—The audit required by para12 graph (1) shall include an examination of the fol13 lowing: 

14 (A) A comparison of the annual premium 

15 amounts established by the Department of De16 fense for the TRICARE Reserve Select Pro17 gram with the actual costs of the Department 

18 in providing benefits under that program in fis19 cal years 2004 and 2005. 

20 (B) The rate of inflation of health care 

21 costs of the Department during fiscal years 

22 2004 and 2005, and a comparison of that rate 

23 of inflation with the annual increase in pre24 miums under the TRICARE Reserve Select 

25 Program in January 2006. 


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1 (C) A comparison of the financial and 

2 health-care utilization assumptions utilized by 

3 the Department in establishing premiums under 

4 the TRICARE Reserve Select Program with ac5 tual experiences under that program in the first 

6 year of the implementation of that program. 

7 (3) TRICARE RESERVE SELECT PROGRAM DE8 FINED.—In this section, the term ‘‘TRICARE Re9 serve Select Program’’ means the program carried 

10 out under section 1074d of title 10, United States 

11 Code. 

12 (d) USE OF INDEPENDENT EXPERTS.—Notwith13 standing any other provision of law, in conducting the au14 dits required by this section, the Comptroller General may 

15 engage the services of appropriate independent experts, in16 cluding actuaries. 

17 (e) REPORT.—Not later than April 1, 2007, the 

18 Comptroller General shall submit to the congressional de19 fense committees a report on the audits conducted under 

20 this section. The report shall include— 

21 (1) the findings of the Comptroller General as 

22 a result of the audits; and 

23 (2) such recommendations as the Comptroller 

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1 tration of the health care benefits programs of the 

2 Department of Defense. 

3 SEC. 745. REVIEW OF DEPARTMENT OF DEFENSE MEDICAL 

4 QUALITY IMPROVEMENT PROGRAM. 

5 (a) REVIEW REQUIRED.—The Secretary of Defense 

6 shall enter into a contract with the Institute of Medicine 

7 of the National Academy of Sciences, or another similarly 

8 qualified independent academic medical organization, for 

9 the purpose of conducting an independent review of the 

10 Department of Defense medical quality improvement pro11 gram. 

12 (b) ELEMENTS.—The review required pursuant to 

13 subsection (a) shall include the following: 

14 (1) An assessment of the methods used by the 

15 Department of Defense to monitor medical quality 

16 in services provided in military hospitals and clinics 

17 and in services provided in civilian hospitals and 

18 providers under the military health care system. 

19 (2) An assessment of the transparency and 

20 public reporting mechanisms of the Department on 

21 medical quality. 

22 (3) An assessment of how the Department in23 corporates medical quality into performance meas24 ures for military and civilian health care providers 

25 within the military health care system. 


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1 (4) An assessment of the patient safety pro2 grams of the Department. 

3 (5) A description of the extent to which the De4 partment seeks to address particular medical errors, 

5 and an assessment of the adequacy of such efforts. 

6 (6) An assessment of accountability within the 

7 military health care system for preventable negative 

8 outcomes involving negligence. 

9 (7) An assessment of the performance of the 

10 health care safety and quality measures of the De11 partment. 

12 (8) An assessment of the collaboration of the 

13 Department with national initiatives to develop evi14 dence-based quality measures and intervention strat15 egies, especially the initiatives of the Agency for 

16 Health Care Research and Quality within the De17 partment of Health and Human Services. 

18 (9) A comparison of the methods, mechanisms, 

19 and programs and activities referred to in para20 graphs (1) through (8) with similar methods, mecha21 nisms, programs, and activities used in other public 

22 and private health care systems and organizations. 

23 (c) REPORT.— 

24 (1) IN GENERAL.—Not later than one year 

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1 retary shall submit to the congressional defense com2 mittees a report on the review required pursuant to 

3 subsection (a). 

4 (2) ELEMENTS.—The report required by para5 graph (1) shall include the following: 

6 (A) The results of the review required pur7 suant to subsection (a). 

8 (B) A discussion of recent highlights in the 

9 accomplishments of the Department of Defense 

10 medical quality assurance program. 

11 (C) Such recommendations for legislative 

12 or administrative action as the Secretary con13 siders appropriate for the improvement of the 

14 program. 

15 Subtitle D—Other Matters 

16 SEC. 761. EXTENSION OF LIMITATION ON CONVERSION OF 

17 MILITARY MEDICAL AND DENTAL POSITIONS 

18 TO CIVILIAN MEDICAL AND DENTAL POSI19 TIONS. 

20 Section 744(a)(1) of the National Defense Authoriza21 tion Act for Fiscal Year 2006 (Public Law 109–163; 119 

22 Stat. 3360; 10 U.S.C. 129c note) is amended— 

23 (1) by inserting ‘‘in a fiscal year’’ before 

24 ‘‘until’’; 


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1 (2) by inserting ‘‘with respect to that fiscal 

2 year’’ after ‘‘House of Representatives’’; and 

3 (3) by striking the last sentence and inserting 

4 the following new sentences: ‘‘The certification with 

5 respect to fiscal year 2007 may not be submitted be6 fore June 30, 2006. The certification with respect to 

7 any fiscal year after fiscal year 2007 shall be sub8 mitted at the same time the budget of the President 

9 for such fiscal year is submitted to Congress pursu10 ant to section 1105(a) of title 31, United States 

11 Code.’’. 

12 TITLE VIII—ACQUISITION POL13 ICY, ACQUISITION MANAGE14 MENT, AND RELATED MAT15 TERS 

16 Subtitle A—Acquisition Policy and 

17 Management 

18 SEC. 801. ADDITIONAL CERTIFICATION REQUIREMENTS 

19 FOR MAJOR DEFENSE ACQUISITION PRO20 GRAMS. 

21 (a) ADDITIONAL CERTIFICATION REQUIREMENTS.— 

22 Subsection (a) of section 2366a of title 10, United States 

23 Code, is amended— 

24 (1) in paragraph (6), by striking ‘‘and’’ at the 

25 end; 


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1 (2) redesignating paragraph (7) as paragraph 

2 (10); and 

3 (3) by inserting after paragraph (6) the fol4 lowing new paragraphs: 

5 ‘‘(7) the program is needed to meet validated 

6 requirements consistent with the national military 

7 strategy; 

8 ‘‘(8) reasonable estimates have been developed 

9 to execute the product development and production 

10 plan under the program; 

11 ‘‘(9) funding is available to execute the product 

12 development and production plan under the program 

13 consistent with the estimates described in paragraph 

14 (8) for the program; and’’. 

15 (b) WAIVER FOR NATIONAL SECURITY.—Subsection 

16 (c) of such section is amended by striking ‘‘(5), or (6)’’ 

17 and inserting ‘‘(5), (6), (7), (8), or (9)’’. 

18 SEC. 802. EXTENSION AND ENHANCEMENT OF DEFENSE AC19 QUISITION CHALLENGE PROGRAM. 

20 (a) PRIORITY FOR PROPOSALS FROM CERTAIN BUSI21 NESSES.—Paragraph (5) of subsection (b) of section 

22 2359b of title 10, United States Code, is amended to read 

23 as follows: 

24 ‘‘(5) The Under Secretary— 


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1 ‘‘(A) may establish procedures to ensure that 

2 the Challenge Program does not become an avenue 

3 for the repetitive submission of proposals that have 

4 been previously reviewed and found not to have 

5 merit; and 

6 ‘‘(B) may establish procedures to ensure that 

7 the Challenge Program establishes appropriate prior8 ities for proposals from businesses that are not 

9 major contractors with the Department of De10 fense.’’. 

11 (b) EXTENSION.—Subsection (j) of such section is 

12 amended by striking ‘‘September 30, 2007’’ and inserting 

13 ‘‘September 30, 2012’’. 

14 SEC. 803. BASELINE DESCRIPTION AND UNIT COST RE15 PORTS FOR MAJOR DEFENSE ACQUISITION 

16 PROGRAMS. 

17 (a) SPECIFICATION OF ORIGINAL BASELINE ESTI18 MATE.—Section 2435(d)(1) of title 10, United States 

19 Code, is amended by inserting after ‘‘with respect to the 

20 program under subsection (a)’’ the following: ‘‘in prepara21 tion for entry into system development and demonstration, 

22 or at program initiation, whichever occurs later’’. 

23 (b) REPORTS TO CONGRESS ON CERTAIN COST IN24 CREASES.—Section 2433(e)(1) of such title is amended by 

25 adding at the end the following new subparagraph: 


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1 ‘‘(C) If the Secretary concerned determines that the 

2 program acquisition unit cost or procurement unit cost of 

3 a major defense acquisition program has increased by a 

4 percentage equal to or greater than the significant cost 

5 growth threshold for the program and a Selected Acquisi6 tion Report has been submitted to Congress under sub7 paragraph (A) or (B), each subsequent quarterly or com8 prehensive annual Selected Acquisition Report shall in9 clude the information required by subsection (g). No fur10 ther report on increases in the program acquisition unit 

11 cost or procurement unit cost shall be required under sub12 section (c) or (d) unless the program manager has reason13 able cause to believe that the program acquisition unit cost 

14 or procurement unit cost has increased by a percentage 

15 equal to or greater than the critical cost growth thresh16 old.’’. 

17 SEC. 804. MAJOR AUTOMATED INFORMATION SYSTEM PRO18 GRAMS. 

19 (a) REPORTS AND INFORMATION ON PROGRAM COST

20 AND PERFORMANCE.— 

21 (1) IN GENERAL.—Part IV of subtitle A of title 

22 10, United States Code, is amended by inserting 

23 after chapter 144 the following new chapter: 


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1 ‘‘CHAPTER 144A—MAJOR AUTOMATED 

2 INFORMATION SYSTEM PROGRAMS 

‘‘Sec. 

‘‘2445a. Major automated information system program defined. 

‘‘2445b. Cost, schedule, and performance information. 

‘‘2445c. Reports: quarterly reports; reports on program changes. 

‘‘2445d. Construction with other reporting requirements. 

3 ‘‘§ 2445a. Major automated information system pro4 gram defined 

5 ‘‘(a) IN GENERAL.—In this chapter, the term ‘major 

6 automated information system program’ means a Depart7 ment of Defense program for the acquisition of an auto8 mated information system (either as a product or a serv9 ice) if— 

10 ‘‘(1) the program is designated by the Secretary 

11 of Defense, or a designee of the Secretary, as a 

12 major automated information system program; or 

13 ‘‘(2) the dollar value of the program is esti14 mated to exceed— 

15 ‘‘(A) $32,000,000 in fiscal year 2000 con16 stant dollars for all program costs in a single 

17 fiscal year; 

18 ‘‘(B) $126,000,000 in fiscal year 2000 

19 constant dollars for all program acquisition 

20 costs for the entire program; or 

21 ‘‘(C) $378,000,000 in fiscal year 2000 con22 stant dollars for the total life-cycle costs of the 


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1 program (including operation and maintenance 

2 costs). 

3 ‘‘(b) ADJUSTMENT.—The Secretary of Defense may 

4 adjust the amounts (and base fiscal year) set forth in sub5 section (a) on the basis of Department of Defense esca6 lation rates. An adjustment under this subsection shall be 

7 effective after the Secretary transmits a written notifica8 tion of the adjustment to the congressional defense com9 mittees. 

10 ‘‘§ 2445b. Cost, schedule, and performance informa11 tion 

12 ‘‘(a) SUBMITTAL OF COST, SCHEDULE, AND PER13 FORMANCE INFORMATION.—The Secretary of Defense 

14 shall submit to Congress each calendar year, not later 

15 than 45 days after the President submits to Congress the 

16 budget for a fiscal year under section 1105 of title 31, 

17 budget justification documents regarding cost, schedule, 

18 and performance for each major automated information 

19 system program for which funds are requested by the 

20 President in the budget. 

21 ‘‘(b) ELEMENTS.—The documents submitted under 

22 subsection (a) with respect to a major automated informa23 tion system program shall include detailed and summa24 rized information with respect to the automated informaVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 tion system to be acquired under the program, and shall 

2 specifically include each of the following: 

3 ‘‘(1) The development schedule, including major 

4 milestones. 

5 ‘‘(2) The implementation schedule, including es6 timates of milestone dates, initial operational capa7 bility, and full operational capability 

8 ‘‘(3) Estimates of development costs and full 

9 life-cycle costs. 

10 ‘‘(4) A summary of key performance param11 eters. 

12 ‘‘§ 2445c. Reports: quarterly reports; reports on pro13 gram changes 

14 ‘‘(a) QUARTERLY REPORTS BY PROGRAM MAN15 AGERS.—The program manager of a major automated in16 formation system program shall, on a quarterly basis, sub17 mit to the senior Department of Defense official respon18 sible for the program a written report identifying any vari19 ance in the projected development schedule, implementa20 tion schedule, life-cycle costs, or key performance param21 eters for the major automated information system to be 

22 acquired under the program from such information as 

23 originally submitted to Congress under section 2445b of 

24 this title. 


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1 ‘‘(b) SENIOR OFFICIALS RESPONSIBLE FOR PRO2 GRAMS.—For purposes of this section, the senior Depart3 ment of Defense official responsible for a major automated 

4 information system program is— 

5 ‘‘(1) in the case of an automated information 

6 system to be acquired for a military department, the 

7 senior acquisition executive for the military depart8 ment; or 

9 ‘‘(2) in the case of any other automated infor10 mation system to be acquired for the Department of 

11 Defense or any component of the Department of De12 fense, the Under Secretary of Defense for Acquisi13 tion, Technology, and Logistics. 

14 ‘‘(c) REPORT ON SIGNIFICANT CHANGES IN PRO15 GRAM.— 

16 ‘‘(1) IN GENERAL.—If, based on a quarterly re17 port submitted by the program manager of a major 

18 automated information system program pursuant to 

19 subsection (a), the senior Department of Defense of20 ficial responsible for the program makes a deter21 mination described in paragraph (2), the official 

22 shall, not later than 45 days after receiving such re23 port, notify the congressional defense committees in 

24 writing of such determination. 


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1 ‘‘(2) COVERED DETERMINATION.—A determina2 tion described in this paragraph with respect to a 

3 major automated information system program is a 

4 determination that— 

5 ‘‘(A) there has been a schedule change that 

6 will cause a delay of more than six months but 

7 less than a year in any program schedule mile8 stone or significant event from the schedule 

9 originally submitted to Congress under para10 graph (1) or (2) of section 2445b(b) of this 

11 title; 

12 ‘‘(B) the estimated program development 

13 cost or full life-cycle cost for the program has 

14 increased by at least 15 percent, but less than 

15 25 percent, over the original estimate submitted 

16 to Congress under paragraph (3) of section 

17 2445b(b) of this title; or 

18 ‘‘(C) there has been a significant, adverse 

19 change in the expected performance of the 

20 major automated information system to be ac21 quired under the program from the parameters 

22 originally submitted to Congress under para23 graph (4) of section 2445b(b) of this title. 

24 ‘‘(d) REPORT ON CRITICAL CHANGES IN PRO25 GRAM.— 


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1 ‘‘(1) IN GENERAL.—If, based on a quarterly re2 port submitted by the program manager of a major 

3 automated information system program pursuant to 

4 subsection (a), the senior Department of Defense of5 ficial responsible for the program makes a deter6 mination described in paragraph (2), the official 

7 shall, not later than 60 days after receiving such re8 port— 

9 ‘‘(A) carry out an evaluation of the pro10 gram under subsection (e); and 

11 ‘‘(B) submit, through the Secretary of De12 fense, to the congressional defense committees a 

13 report meeting the requirements of subsection 

14 (f). 

15 ‘‘(2) COVERED DETERMINATION.—A determina16 tion described in this paragraph with respect to a 

17 major automated information system program is a 

18 determination that— 

19 ‘‘(A) there has been a schedule change that 

20 will cause a delay of one year or more in any 

21 program schedule milestone or significant event 

22 from the schedule originally submitted to Con23 gress under paragraph (1) or (2) of section 

24 2445b(b) of this title; 


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1 ‘‘(B) the estimated program development 

2 cost or full life-cycle cost for the program has 

3 increased by 25 percent or more over the origi4 nal estimate submitted to Congress under para5 graph (3) of section 2445b(b) of this title; or 

6 ‘‘(C) there has been a change in the ex7 pected performance of the major automated in8 formation system to be acquired under the pro9 gram that will undermine the ability of the sys10 tem to perform the functions anticipated at the 

11 time information on the program was originally 

12 submitted to Congress under section 2445b(b) 

13 of this title. 

14 ‘‘(e) PROGRAM EVALUATION.—The evaluation of a 

15 major automated information system program conducted 

16 under this subsection for purposes of subsection (d)(1)(A) 

17 shall include an assessment of— 

18 ‘‘(1) the projected cost and schedule for com19 pleting the program if current requirements are not 

20 modified; 

21 ‘‘(2) the projected cost and schedule for com22 pleting the program based on reasonable modifica23 tion of such requirements; and 


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1 ‘‘(3) the rough order of magnitude of the cost 

2 and schedule for any reasonable alternative system 

3 or capability. 

4 ‘‘(f) REPORT ON CRITICAL PROGRAM CHANGES.—A 

5 report on a major automated information system program 

6 conducted under this subsection for purposes of subsection 

7 (d)(1)(B) shall include a written certification (with sup8 porting explanation) stating that— 

9 ‘‘(1) the automated information system to be 

10 acquired under the program is essential to the na11 tional security or to the efficient management of the 

12 Department of Defense; 

13 ‘‘(2) there is no alternative to the system which 

14 will provide equal or greater capability at less cost; 

15 ‘‘(3) the new estimates of the costs, schedule, 

16 and performance parameters with respect to the pro17 gram and system are reasonable; and 

18 ‘‘(4) the management structure for the program 

19 is adequate to manage and control program costs. 

20 ‘‘§ 2445d. Construction with other reporting require21 ments 

22 ‘‘In the case of a major automated information sys23 tem program covered by this chapter that is also treatable 

24 as a major defense acquisition program for which reports 

25 would be required under chapter 144 of this title, no reVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00299 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 ports on the program are required under such chapter if 

2 the requirements of this chapter with respect to the pro3 gram are met.’’. 

4 (2) CLERICAL AMENDMENTS.—The tables of 

5 chapters the beginning of subtitle A of such title, 

6 and of part IV of subtitle A of such title, are each 

7 amended by inserting after the item relating to 

8 chapter 144 the following new item: 

‘‘144A. Major Automated Information System Programs ...2445a’’. 

9 (b) REPORT ON REPORTING REQUIREMENTS APPLI10 CABLE TO MAJOR AUTOMATED INFORMATION SYSTEM

11 PROGRAMS.—Not later than 180 days after the date of 

12 enactment of this Act, the Secretary of Defense shall sub13 mit to the congressional defense committees a report set14 ting forth the reporting requirements applicable to major 

15 automated information system programs as of the date of 

16 the report, including a specification of such reporting re17 quirements considered by the Secretary to be duplicative 

18 or redundant. 

19 (c) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—The amendments made by 

21 subsection (a) shall take effect on January 1, 2008, 

22 and shall apply with respect to any major automated 

23 information system program for which amounts are 

24 requested in the budget of the President (as sub25 mitted to Congress under section 1105 of title 31, 


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1 United States Code) for a fiscal year after fiscal 

2 year 2008, regardless of whether the acquisition of 

3 the automated information system to be acquired 

4 under the program was initiated before, on, or after 

5 January 1, 2008. 

6 (2) REPORT REQUIREMENT.—Subsection (b) 

7 shall take effect on the date of the enactment of this 

8 Act. 

9 SEC. 805. ADJUSTMENT OF ORIGINAL BASELINE ESTIMATE 

10 FOR MAJOR DEFENSE ACQUISITION PRO11 GRAMS EXPERIENCING COST GROWTH RE12 SULTING FROM DAMAGE CAUSED BY HURRI13 CANES KATRINA, RITA, AND WILMA. 

14 (a) ADJUSTMENT AUTHORIZED.—Notwithstanding 

15 any limitations under section 2435(d) of title 10, United 

16 States Code, the Secretary of Defense may adjust the 

17 original Baseline Estimate for a major defense acquisition 

18 program that is carried out primarily in the Hurricane 

19 Katrina disaster area, Hurricane Rita disaster area, or 

20 Hurricane Wilma disaster area for the sole purpose of ad21 dressing cost growth in such program that, as determined 

22 by the Secretary, is directly attributable to damage caused 

23 by Hurricane Katrina, Hurricane Rita, or Hurricane 

24 Wilma. 


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1 (b) NOTICE TO CONGRESS.—The Secretary shall 

2 identify any adjustment to the original Baseline Estimate 

3 of a major defense acquisition program under subsection 

4 (a), and provide an explanation of the basis for such ad5 justment, in the first Selected Acquisition Report that is 

6 submitted under section 2432 of title 10, United States 

7 Code, after such adjustment is made. 

8 (c) SUNSET.—The authority to adjust an original 

9 Baseline Estimate for a major defense acquisition pro10 gram under subsection (a) shall expire on the date that 

11 is one year after the date of the enactment of this Act. 

12 (d) DEFINITIONS.—In this section: 

13 (1) The term ‘‘major defense acquisition pro14 gram’’ has the meaning given that term in section 

15 2430 of title 10, United States Code. 

16 (2) The term ‘‘original Baseline Estimate’’, in 

17 the case of a major defense acquisition program, 

18 means the first baseline description for the program 

19 established under section 2435(a) of title 10, United 

20 States Code. 

21 (3) The terms ‘‘Hurricane Katrina disaster 

22 area’’, ‘‘Hurricane Rita disaster area’’, and ‘‘Hurri23 cane Wilma disaster area’’ have the meaning given 

24 such terms in section 1400M of the Internal Rev25 enue Code of 1986. 


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1 SEC. 806. INTERNAL CONTROLS FOR PROCUREMENTS ON 

2 BEHALF OF THE DEPARTMENT OF DEFENSE 

3 BY CERTAIN NON-DEFENSE AGENCIES. 

4 (a) INSPECTOR GENERAL REVIEWS AND DETER5 MINATIONS.— 

6 (1) IN GENERAL.—For each covered non-de7 fense agency, the Inspector General of the Depart8 ment of Defense and the Inspector General of such 

9 non-defense agency shall, not later than March 15, 

10 2007, jointly— 

11 (A) review— 

12 (i) the procurement policies, proce13 dures, and internal controls of such non14 defense agency that are applicable to the 

15 procurement of property and services on 

16 behalf of the Department by such non-de17 fense agency; and 

18 (ii) the administration of those poli19 cies, procedures, and internal controls; and 

20 (B) determine in writing whether— 

21 (i) such non-defense agency is compli22 ant with defense procurement require23 ments; 

24 (ii) such non-defense agency is not 

25 compliant with defense procurement re26 quirements, but has a program or initiative 


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1 to significantly improve compliance with 

2 defense procurement requirements; 

3 (iii) neither of the conclusions stated 

4 in clauses (i) and (ii) is correct in the case 

5 of such non-defense agency; or 

6 (iv) such non-defense agency is not 

7 compliant with defense procurement re8 quirements to such an extent that the in9 terests of the Department of Defense are 

10 at risk in procurements conducted by such 

11 non-defense agency. 

12 (2) ACTIONS FOLLOWING CERTAIN DETERMINA13 TIONS.—If the Inspectors General determine under 

14 paragraph (1) that the conclusion stated in clause 

15 (ii), (iii), or (iv) of subparagraph (B) of that para16 graph is correct in the case of a covered non-defense 

17 agency, such Inspectors General shall, not later than 

18 June 15, 2008, jointly— 

19 (A) conduct a second review, as described 

20 in subparagraph (A) of that paragraph, regard21 ing such non-defense agency’s procurement of 

22 property or services on behalf of the Depart23 ment of Defense in fiscal year 2007; and 


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1 (B) determine in writing whether such 

2 non-defense agency is or is not compliant with 

3 defense procurement requirements. 

4 (b) COMPLIANCE WITH DEFENSE PROCUREMENT

5 REQUIREMENTS.—For the purposes of this section, a cov6 ered non-defense agency is compliant with defense pro7 curement requirements if such non-defense agency’s pro8 curement policies, procedures, and internal controls appli9 cable to the procurement of products and services on be10 half of the Department of Defense, and the manner in 

11 which they are administered, are adequate to ensure such 

12 non-defense agency’s compliance with the requirements of 

13 laws and regulations that apply to procurements of prop14 erty and services made directly by the Department of De15 fense. 

16 (c) MEMORANDA OF UNDERSTANDING BETWEEN IN17 SPECTORS GENERAL.— 

18 (1) IN GENERAL.—Not later than 60 days after 

19 the date of the enactment of this Act, the Inspector 

20 General of the Department of Defense and the In21 spector General of each covered non-defense agency 

22 shall enter into a memorandum of understanding 

23 with each other to carry out the reviews and make 

24 the determinations required by this section. 


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1 (2) SCOPE OF MEMORANDA.—The Inspector 

2 General of the Department of Defense and the In3 spector General of a covered non-defense agency 

4 may by mutual agreement conduct separate reviews 

5 of the procurement of property and services on be6 half of the Department of Defense that are con7 ducted by separate business units, or under separate 

8 governmentwide acquisition contracts, of such non9 defense agency. In any case where such separate re10 views are conducted, the Inspectors General shall 

11 make separate determinations under paragraph (1) 

12 or (2) of subsection (a), as applicable, with respect 

13 to each such separate review. 

14 (d) LIMITATIONS ON PROCUREMENTS ON BEHALF OF

15 DEPARTMENT OF DEFENSE.— 

16 (1) LIMITATION DURING REVIEW PERIOD.— 

17 After March 15, 2007, and before June 16, 2008, 

18 no official of the Department of Defense may, except 

19 as provided in subsection (e) or (f), order, purchase, 

20 or otherwise procure property or services in an 

21 amount in excess of $100,000 through a covered 

22 non-defense agency for which a determination de23 scribed in clause (iii) or (iv) of paragraph (1)(B) of 

24 subsection (a) has been made under subsection (a). 


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1 (2) LIMITATION AFTER REVIEW PERIOD.—After 

2 June 15, 2008, no official of the Department of De3 fense may, except as provided in subsection (e) or 

4 (f), order, purchase, or otherwise procure property 

5 or services in an amount in excess of $100,000 

6 through a covered non-defense agency that, having 

7 been subject to review under this section, has not 

8 been determined under this section as being compli9 ant with defense procurement requirements. 

10 (3) LIMITATION FOLLOWING FAILURE TO

11 REACH MOU.—Commencing on the date that is 60 

12 days after the date of the enactment of this Act, if 

13 a memorandum of understanding between the In14 spector General of the Department of Defense and 

15 the Inspector General of a covered non-defense agen16 cy cannot be attained causing the review required by 

17 this section to not be performed, no official of the 

18 Department of Defense, except as provided in sub19 section (e) or (f), may order, purchase or otherwise 

20 procure property or services in an amount in excess 

21 of $100,000 through such non-defense agency. 

22 (e) EXCEPTION FROM APPLICABILITY OF LIMITA23 TIONS.— 

24 (1) EXCEPTION.—No limitation applies under 

25 subsection (d) with respect to the procurement of 


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1 property and services on behalf of the Department 

2 of Defense by a covered non-defense agency during 

3 any period that there is in effect a determination of 

4 the Under Secretary of Defense for Acquisition, 

5 Technology, and Logistics, made in writing, that it 

6 is necessary in the interest of the Department of De7 fense to continue to procure property and services 

8 through such non-defense agency. 

9 (2) APPLICABILITY OF DETERMINATION.—A 

10 written determination with respect to a covered non11 defense agency under paragraph (1) is in effect for 

12 the period, not in excess of one year, that the Under 

13 Secretary shall specify in the written determination. 

14 The Under Secretary may extend from time to time, 

15 for up to one year at a time, the period for which 

16 the written determination remains in effect. 

17 (f) TERMINATION OF APPLICABILITY OF LIMITA18 TIONS.—Subsection (d) shall cease to apply to a covered 

19 non-defense agency on the date on which the Inspector 

20 General of the Department of Defense and the Inspector 

21 General of such non-defense agency jointly— 

22 (1) determine that such non-defense agency is 

23 compliant with defense procurement requirements; 

24 and 


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1 (2) notify the Secretary of Defense of that de2 termination. 

3 (g) IDENTIFICATION OF PROCUREMENTS MADE

4 DURING A PARTICULAR FISCAL YEAR.—For the purposes 

5 of subsection (a), a procurement shall be treated as being 

6 made during a particular fiscal year to the extent that 

7 funds are obligated by the Department of Defense for that 

8 procurement in that fiscal year. 

9 (h) RESOLUTION OF DISAGREEMENTS.—If the In10 spector General of the Department of Defense and the In11 spector General of a covered non-defense agency are un12 able to agree on a joint determination under subsection 

13 (a) or subsection (f), a determination by the Inspector 

14 General of the Department of Defense under such sub15 section shall be conclusive for the purposes of this section. 

16 (i) DEFINITIONS.—In this section: 

17 (1) The term ‘‘covered non-defense agency’’ 

18 means each of the following: 

19 (A) The Department of Veterans Affairs. 

20 (B) The National Institutes of Health. 

21 (2) The term ‘‘governmentwide acquisition con22 tract’’, with respect to a covered non-defense agency, 

23 means a task or delivery order contract that— 

24 (A) is entered into by the non-defense 

25 agency; and 


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1 (B) may be used as the contract under 

2 which property or services are procured for one 

3 or more other departments or agencies of the 

4 Federal Government. 

5 SEC. 807. REGULATIONS ON USE OF FIXED PRICE CON6 TRACTS IN DEVELOPMENT PROGRAMS. 

7 (a) IN GENERAL.—Not later than 120 days after the 

8 date of the enactment of this Act, the Secretary of Defense 

9 shall modify the regulations of the Department of Defense 

10 on the use of fixed-price type contracts in development 

11 programs. 

12 (b) ELEMENTS.—As modified under subsection (a), 

13 the regulations described in that subsection shall— 

14 (1) establish a preference for the use of fixed15 price type contracts in development programs to the 

16 maximum extent practicable in light of the level of 

17 program risk; and 

18 (2) require the use of fixed-price type contracts 

19 in each contract for system development and dem20 onstration, or operational system development, un21 less the use of a different contract type is specifi22 cally authorized pursuant to subsection (c). 

23 (c) AUTHORIZATION OF USE OF DIFFERENT CON24 TRACT TYPE.— 


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1 (1) IN GENERAL.—As modified under sub2 section (a), the regulations described in that sub3 section shall provide that the Secretary of Defense 

4 may authorize the use of a difference contract type 

5 under subsection (b)(2) with respect to a program 

6 upon a written determination by the Secretary 

7 that— 

8 (A) the program is so complex and tech9 nically challenging that it would not be prac10 ticable to reduce program risk to a level that 

11 would permit the use of a fixed-price type con12 tract; and 

13 (B) the complexity and technical challenge 

14 of the program is not the result of a failure to 

15 meet the certification requirements established 

16 in section 2366a of title 10, United States 

17 Code. 

18 (2) SUBMITTAL TO CONGRESSIONAL DEFENSE

19 COMMITTEES.—The regulations shall provide that a 

20 copy of any determination on a program under para21 graph (1), together with an explanation of the basis 

22 for such determination, shall be submitted to the 

23 congressional defense committees with the first Se24 lected Acquisition Report submitted under section 


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1 2432 of title 10, United States Code, after such de2 termination is made. 

3 (3) DELEGATION OF AUTHORITY.—The regula4 tions shall provide that the authority to make a de5 termination under paragraph (1) may not be dele6 gated below the level of the Under Secretary of De7 fense for Acquisition, Technology, and Logistics. 

8 (c) REPEAL OF SUPERSEDED REQUIREMENTS.—Sec9 tion 807 of the National Defense Authorization Act for 

10 Fiscal Year 1989 (10 U.S.C. 2304 note) is repealed. 

11 (d) EFFECTIVE DATE OF REGULATIONS.— 

12 (1) IN GENERAL.—The modified regulations re13 quired under this section shall apply to any contract 

14 entered into after the date that is 120 days after the 

15 date of the enactment of this Act. 

16 (2) SYSTEM DEVELOPMENT AND DEMONSTRA17 TION OR OPERATIONAL SYSTEM DEVELOPMENT.— 

18 The modification required by subsection (b)(2) in 

19 the regulations shall apply with respect to programs 

20 that enter into system development and demonstra21 tion, or operational system development, after the 

22 date that is 120 days after the date of the enact23 ment of this Act. 


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1 SEC. 808. AVAILABILITY OF FUNDS FOR PERFORMANCE2 BASED LOGISTICS CONTRACTS FOR WEAPON 

3 SYSTEMS LOGISTICS SUPPORT. 

4 (a) AVAILABILITY OF OPERATION AND MAINTE5 NANCE FUNDS.— 

6 (1) IN GENERAL.—Amounts available to the 

7 Department of Defense for operation and mainte8 nance— 

9 (A) are available for performance-based lo10 gistics contracts for weapon systems; and 

11 (B) subject to paragraph (2), may be used 

12 in accordance with the terms of such contracts 

13 to implement engineering changes that result in 

14 a reduction of the operation and maintenance 

15 costs to the Government of such systems. 

16 (2) LIMITATION.—Funds may not be used for 

17 a performance-based logistics contract to implement 

18 engineering changes the total cost of which is ex19 pected to exceed $20,000,000. 

20 (b) NOTICE TO CONGRESS ON ENTRY INTO CON21 TRACTS.— 

22 (1) IN GENERAL.—Not later than 30 days be23 fore entering into a performance-based logistics con24 tract under this section, the Secretary of a military 

25 department shall submit to Congress a notice of in26 tent to enter into such contract. 


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1 (2) ELEMENTS.—The notice on a performance2 based logistics contract under paragraph (1) shall 

3 include the following: 

4 (A) A statement that the military depart5 ment concerned— 

6 (i) has performed a business case 

7 analysis for such contract; 

8 (ii) has determined, based on such 

9 analysis, that there is a reasonable expec10 tation that such contract will result in an 

11 overall reduction of operation and mainte12 nance costs with respect to a weapon sys13 tem; and 

14 (iii) has specific plans in place to— 

15 (I) update such analysis at ap16 propriate decision points when suffi17 cient cost and performance data have 

18 been collected to validate the assump19 tions used in developing such analysis; 

20 and 

21 (II) periodically review and vali22 date the propriety and integrity of 

23 program performance measures, and 

24 verify the reliability of contractor cost 


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1 and performance data, with respect to 

2 such contract. 

3 (B) An estimate of the projected cost and 

4 savings from such contract, together with an 

5 explanation of the basis for such estimates. 

6 (c) PERFORMANCE-BASED LOGISTICS CONTRACT

7 DEFINED.—In this section, the term ‘‘performance-based 

8 logistics contract’’ means a contract for the acquisition of 

9 logistics support (whether at the system, subsystem, or 

10 major assembly level) for a weapon system that combines 

11 logistics support in an integrated, affordable, performance 

12 package designed to optimize system readiness and meet 

13 performance goals for the weapon system through long14 term support arrangements with clear lines of authority 

15 and responsibility for the provision of such support. 

16 (d) REPORT.— 

17 (1) IN GENERAL.—Not later than March 1, 

18 2012, the Secretary of Defense shall submit to the 

19 congressional defense committees a report on the 

20 status of all performance-bases logistics contracts 

21 entered into pursuant to this section. 

22 (2) ELEMENTS.—The report under paragraph 

23 (1) shall include, for each contract covered by such 

24 report, a comparison of the projected cost and sav25 ings of such contract (as estimated in the notice to 


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1 Congress under subsection (b)(2)(B)) with the ac2 tual cost and savings of such contract (as deter3 mined in accordance with the plan for such contract 

4 under subsection (b)(2)(A)(iii)). 

5 (e) SUNSET.— 

6 (1) IN GENERAL.—The authority to enter con7 tracts under this section shall terminate on Sep8 tember 30, 2012. 

9 (2) EFFECT ON EXISTING CONTRACTS.—The 

10 termination under paragraph (1) of the authority to 

11 enter contracts under this section shall not affect 

12 the use of funds for purposes authorized by sub13 section (a) under contracts entered on or before the 

14 date specified in that paragraph. 

15 SEC. 809. QUALITY CONTROL IN PROCUREMENT OF SHIP 

16 CRITICAL SAFETY ITEMS AND RELATED 

17 SERVICES. 

18 (a) QUALITY CONTROL POLICY.—The Secretary of 

19 Defense shall prescribe in regulations a quality control 

20 policy for the procurement of the following: 

21 (1) Ship critical safety items. 

22 (2) Modifications, repair, and overhaul of ship 

23 critical safety items. 

24 (b) ELEMENTS.—The policy required under sub25 section (a) shall include requirements as follows: 


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1 (1) That the head of the design control activity 

2 for ship critical safety items establish processes to 

3 identify and manage the procurement, modification, 

4 repair, and overhaul of such items. 

5 (2) That the head of the contracting activity for 

6 a ship critical safety item enter into a contract for 

7 the procurement, modification, repair, or overhaul of 

8 such item only with a source on a qualified manufac9 turers list or a source approved by the design control 

10 activity in accordance with section 2319 of title 10, 

11 United States Code (as amended by subsection (d)). 

12 (3) That the ship critical safety items delivered, 

13 and the services performed with respect to such 

14 items, meet all technical and quality requirements 

15 specified by the design control activity. 

16 (c) DEFINITIONS.—In this section, the terms ‘‘ship 

17 critical safety item’’ and ‘‘design control activity’’ have the 

18 meanings given such terms in subsection (g) of 2319 of 

19 title 10, United States Code (as so amended). 

20 (d) CONFORMING AMENDMENTS.—Section 2319 of 

21 title 10, United States Code, is amended— 

22 (1) in subsection (c)(3), by inserting ‘‘or ship 

23 critical safety item’’ after ‘‘aviation critical safety 

24 item’’; and 

25 (2) in subsection (g)— 


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1 (A) by redesignating paragraph (2) as 

2 paragraph (3); 

3 (B) by inserting after paragraph (1) the 

4 following new paragraph (2): 

5 ‘‘(2) The term ‘ship critical safety item’ means 

6 any ship part, assembly, or support equipment con7 taining a characteristic the failure, malfunction, or 

8 absence of which could cause a catastrophic or crit9 ical failure resulting in loss of or serious damage to 

10 the ship or unacceptable risk of personal injury or 

11 loss of life.’’; and 

12 (C) in paragraph (3), as so redesignated— 

13 (i) by inserting ‘‘or ship critical safety 

14 item’’ after ‘‘aviation critical safety item’’; 

15 (ii) by inserting ‘‘, or the seaworthi16 ness of a ship or ship equipment,’’ after 

17 ‘‘equipment’’; and 

18 (iii) by striking ‘‘the item’’ and insert19 ing ‘‘such item’’. 

20 SEC. 810. THREE-YEAR EXTENSION OF REQUIREMENT FOR 

21 REPORTS ON COMMERCIAL PRICE TREND 

22 ANALYSES OF THE DEPARTMENT OF DE23 FENSE. 

24 Section 803(c)(4) of the Strom Thurmond National 

25 Defense Authorization Act for Fiscal Year 1999 (10 


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1 U.S.C. 2306a note) is amended by striking ‘‘2006’’ and 

2 inserting ‘‘2009’’. 

3 SEC. 811. PILOT PROGRAM ON TIME-CERTAIN DEVELOP4 MENT IN ACQUISITION OF MAJOR WEAPON 

5 SYSTEMS. 

6 (a) PILOT PROGRAM AUTHORIZED.—The Secretary 

7 of Defense may carry out a pilot program on the use of 

8 time-certain development in the acquisition of major weap9 on systems. 

10 (b) PURPOSE OF PILOT PROGRAM.—The purpose of 

11 the pilot program authorized by subsection (a) is to assess 

12 the feasibility and advisability of utilizing time-certain de13 velopment in the acquisition of major weapon systems in 

14 order to deliver new capabilities to the warfighter more 

15 rapidly through disciplined decision-making, emphasis on 

16 technological maturity, and appropriate trade-offs between 

17 system performance and schedule. 

18 (c) INCLUSION OF SYSTEMS IN PILOT PROGRAM.— 

19 (1) IN GENERAL.—The decision whether to in20 clude a major weapon system in the pilot program 

21 shall be made by the Milestone Decision Authority 

22 for the acquisition program for the system. 

23 (2) CRITERIA.—A major weapon system may be 

24 included in the pilot program only if the Milestone 

25 Decision Authority determines, in consultation with 


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1 the service acquisition executive for the military de2 partment carrying out the acquisition program for 

3 the system and one or more combatant commanders 

4 responsible for fielding the system, that— 

5 (A) the certification requirements of sec6 tion 2366a of title 10, United States Code, have 

7 been met, and no waivers have been granted 

8 from such requirements; 

9 (B) a preliminary design has been com10 pleted after appropriate requirements analysis 

11 using systems engineering, and the system, as 

12 so designed, will meet battlefield needs identi13 fied by the relevant combatant commanders; 

14 (C) all critical technologies needed to meet 

15 system requirements have been demonstrated in 

16 an operational environment; 

17 (D) an independent cost estimate has been 

18 conducted and used as the basis for funding re19 quirements for the acquisition program for the 

20 system; 

21 (E) the budget of the military department 

22 responsible for carrying out the acquisition pro23 gram for the system provides the funding nec24 essary to execute the product development and 


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1 production plan consistent with the require2 ments identified pursuant to subparagraph (D); 

3 (F) an appropriately-qualified program 

4 manager has entered into a performance agree5 ment with the Milestone Decision Authority 

6 that establishes expected parameters for the 

7 cost, schedule, and performance of the acquisi8 tion program for the system, consistent with a 

9 business case for such acquisition program; 

10 (G) the service acquisition executive and 

11 the program manager have agreed that the pro12 gram manager will continue in such position 

13 until the delivery of the initial operational capa14 bility under the acquisition program for the sys15 tem; 

16 (H) the service acquisition executive, the 

17 relevant combatant commanders, and the pro18 gram manager have agreed that no additional 

19 requirements will be added during the develop20 ment phase of the acquisition program for the 

21 system; and 

22 (I) a planned initial operational capability 

23 will be delivered to the relevant combatant com24 manders no more than 6 years after the date of 

25 the milestone B approval for the system. 


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1 (3) TIMING OF DECISION.—The decision wheth2 er to include a major weapon system in the pilot 

3 program shall be made at the time of milestone ap4 proval for the acquisition program for the system. 

5 (d) LIMITATION ON NUMBER OF SYSTEM IN PILOT

6 PROGRAM.—The number of major weapon systems in7 cluded in the pilot program at any time may not exceed 

8 12 major weapon systems. 

9 (e) SPECIAL FUNDING AUTHORITY.— 

10 (1) AUTHORITY FOR RESERVE ACCOUNT.—Not11 withstanding any other provision of law, the Sec12 retary of Defense may establish a special reserve ac13 count utilizing funds made available for the major 

14 weapon systems included in the pilot program. 

15 (2) ELEMENTS.—The special reserve account 

16 may include— 

17 (A) funds made available for any major 

18 weapon system included in the pilot program to 

19 cover termination liability; 

20 (B) funds made available for any major 

21 weapon system included in the pilot program 

22 for award fees that may be earned by contrac23 tors; and 

24 (C) funds appropriated to the special re25 serve account. 


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1 (3) AVAILABILITY OF FUNDS.—Funds in the 

2 special reserve account may be used, in accordance 

3 with guidance issued by the Secretary for purposes 

4 of this section, for the following purposes: 

5 (A) To cover termination liability for any 

6 major weapon system included in the pilot pro7 gram. 

8 (B) To pay award fees that are earned by 

9 any contractor for a major weapon system in10 cluded in the pilot program. 

11 (C) To address unforseen contingencies 

12 that could prevent a major weapon system in13 cluded in the pilot program from meeting crit14 ical schedule or performance requirements. 

15 (4) REPORTS ON USE OF FUNDS.—Not later 

16 than 30 days after the use of funds in the special 

17 reserve account for the purpose specified in para18 graph (3)(C), the Secretary shall submit to the con19 gressional defense committees a report on report the 

20 use of funds in the account for such purpose. The 

21 report shall set forth the purposes for which the 

22 funds were used and the reasons for the use of the 

23 funds for such purposes. 

24 (f) ADMINISTRATION OF PILOT PROGRAM.—The Sec25 retary of Defense shall prescribe policies and procedures 


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1 on the administration of the pilot program. Such policies 

2 and procedures shall— 

3 (1) provide for the use of program status re4 ports based on earned value data to track progress 

5 on a major weapon system under the pilot program 

6 against baseline estimates applicable to such system 

7 at each systems engineering technical review point; 

8 and 

9 (2) grant authority to the program manager for 

10 the acquisition program for a major weapon system 

11 to make key program decisions and trade-offs, sub12 ject to management reviews only if cost or schedule 

13 deviations exceed 10 percent baselines for such ac14 quisition program. 

15 (g) EXPIRATION OF AUTHORITY TO INCLUDE ADDI16 TIONAL SYSTEMS IN PILOT PROGRAM.— 

17 (1) EXPIRATION.—A major weapon system may 

18 not be included in the pilot program after September 

19 30, 2012. 

20 (2) RETENTION OF SYSTEMS.—A major weapon 

21 system included in the pilot program before the date 

22 specified in paragraph (1) in accordance with the re23 quirements of this section may remain in the pilot 

24 program after that date. 

25 (h) ANNUAL REPORT.— 


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1 (1) IN GENERAL.—Not later than one year 

2 after including the first major weapon system in the 

3 pilot program, and annually thereafter, the Sec4 retary shall submit to the congressional defense com5 mittees a report on the pilot program, and the major 

6 weapon systems included in the pilot program, dur7 ing the one-year period ending on the date of such 

8 report. 

9 (2) ELEMENTS.—Each report under this sub10 section shall include— 

11 (A) a description of progress under the 

12 pilot program, and on each major weapon sys13 tem included in the pilot program, during the 

14 period covered by such report; and 

15 (B) such other matters as the Secretary 

16 considers appropriate. 

17 (i) MAJOR WEAPON SYSTEM DEFINED.—In this sec18 tion, the term ‘‘major weapon system’’ means a weapon 

19 system that is treatable as a major system under section 

20 2302(5) of title 10, United States Code. 


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1 Subtitle B—Defense Industrial 

2 Base Matters 

3 SEC. 821. REMOVAL OF HAND AND MEASURING TOOLS 

4 FROM CERTAIN REQUIREMENTS. 

5 (a) IN GENERAL.—Subsection (b) of section 2533a 

6 of title 10, United States Code, is amended by striking 

7 paragraph (3). 

8 (b) CONFORMING AMENDMENT.—Subsection (d) of 

9 such section is amended by striking ‘‘(b)(1)(A), (b)(2), or 

10 (b)(3)’’ each place it appears and inserting ‘‘(b)(1)(A) or 

11 (b)(2)’’. 

12 SEC. 822. SUBSTITUTION OF SPECIALTY METALS WITH TI13 TANIUM AND NICKEL UNDER CERTAIN RE14 QUIREMENTS. 

15 (a) IN GENERAL.—Subsection (b) of section 2533a 

16 of title 10, United States Code, as amended by section 

17 821(a) of this Act, is further amended by striking para18 graph (2) and inserting the following new paragraphs: 

19 ‘‘(2) Titanium. 

20 ‘‘(3) Nickel.’’. 

21 (b) CONFORMING AMENDMENTS.—Such section 

22 2533a is further amended— 

23 (1) in subsection (c), by striking ‘‘or specialty 

24 metals (including stainless steel flatware)’’ and in25 serting ‘‘, titanium, or nickel’’; and 


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1 (2) in subsection (e)— 

2 (A) in the subsection caption, by striking 

3 ‘‘SPECIALTY METALS’’ and inserting ‘‘TITA4 NIUM, NICKEL,’’; and 

5 (B) in the matter preceding paragraph (1), 

6 by striking ‘‘specialty metals’’ and inserting ‘‘ti7 tanium, nickel,’’. 

8 SEC. 823. WAIVER AUTHORITY FOR DOMESTIC SOURCE OR 

9 CONTENT REQUIREMENTS. 

10 (a) AUTHORITY.—Subchapter V of chapter 148 of 

11 title 10, United States Code, is amended by adding at the 

12 end the following new section: 

13 ‘‘§ 2539c. Waiver of domestic source or content re14 quirements 

15 ‘‘(a) AUTHORITY.—Except as provided in subsection 

16 (f), the Secretary of Defense may waive the application 

17 of any domestic source requirement or domestic content 

18 requirement referred to in subsection (b) and thereby au19 thorize the procurement of items that are grown, reproc20 essed, reused, produced, or manufactured— 

21 ‘‘(1) in a foreign country that has a Declaration 

22 of Principles with the United States; 

23 ‘‘(2) in a foreign country that has a Declaration 

24 of Principles with the United States substantially 

25 from components and materials grown, reprocessed, 


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1 reused, produced, or manufactured in the United 

2 States or any foreign country that has a Declaration 

3 of Principles with the United States; or 

4 ‘‘(3) in the United States substantially from 

5 components and materials grown, reprocessed, re6 used, produced, or manufactured in the United 

7 States or any foreign country that has a Declaration 

8 of Principles with the United States. 

9 ‘‘(b) COVERED REQUIREMENTS.—For purposes of 

10 this section: 

11 ‘‘(1) A domestic source requirement is any re12 quirement under law that the Department of De13 fense satisfy its requirements for an item by pro14 curing an item that is grown, reprocessed, reused, 

15 produced, or manufactured in the United States or 

16 by a manufacturer that is a part of the national 

17 technology and industrial base (as defined in section 

18 2500(1) of this title). 

19 ‘‘(2) A domestic content requirement is any re20 quirement under law that the Department of De21 fense satisfy its requirements for an item by pro22 curing an item produced or manufactured partly or 

23 wholly from components and materials grown, re24 processed, reused, produced, or manufactured in the 

25 United States. 


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1 ‘‘(c) APPLICABILITY.—The authority of the Secretary 

2 to waive the application of a domestic source or content 

3 requirements under subsection (a) applies to the procure4 ment of items for which the Secretary of Defense deter5 mines that— 

6 ‘‘(1) application of the requirement would im7 pede the reciprocal procurement of defense items 

8 under a Declaration of Principles with the United 

9 States; and 

10 ‘‘(2) such country does not discriminate against 

11 defense items produced in the United States to a 

12 greater degree than the United States discriminates 

13 against defense items produced in that country. 

14 ‘‘(d) LIMITATION ON DELEGATION.—The authority 

15 of the Secretary to waive the application of domestic 

16 source or content requirements under subsection (a) may 

17 not be delegated to any officer or employee other than the 

18 Under Secretary of Defense for Acquisition, Technology, 

19 and Logistics. 

20 ‘‘(e) CONSULTATIONS.—The Secretary may grant a 

21 waiver of the application of a domestic source or content 

22 requirement under subsection (a) only after consultation 

23 with the United States Trade Representative, the Sec24 retary of Commerce, and the Secretary of State. 


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1 ‘‘(f) LAWS NOT WAIVABLE.—The Secretary of De2 fense may not exercise the authority under subsection (a) 

3 to waive any domestic source or content requirement con4 tained in any of the following laws: 

5 ‘‘(1) The Small Business Act (15 U.S.C. 631 et 

6 seq.). 

7 ‘‘(2) The Javits-Wagner-O’Day Act (41 U.S.C. 

8 46 et seq.). 

9 ‘‘(3) Sections 7309 and 7310 of this title. 

10 ‘‘(4) Section 2533a of this title. 

11 ‘‘(g) RELATIONSHIP TO OTHER WAIVER AUTHOR12 ITY.—The authority under subsection (a) to waive a do13 mestic source requirement or domestic content require14 ment is in addition to any other authority to waive such 

15 requirement. 

16 ‘‘(h) CLARIFICATION OF RELATIONSHIP WITH BUY

17 AMERICAN ACT.—Nothing in this section shall be con18 strued to alter in any way the applicability of the Buy 

19 American Act (41 U.S.C. 10a), or the authority of the 

20 Secretary of Defense to waive the requirements of such 

21 Act, with respect to the procurement of any item to which 

22 such Act would apply without regard to this section. 

23 ‘‘(i) CONSTRUCTION WITH RESPECT TO LATER EN24 ACTED LAWS.—This section may not be construed as 

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1 mestic content requirement that is set forth in a law en2 acted after the enactment of this section solely on the 

3 basis of the later enactment. 

4 ‘‘(j) DECLARATION OF PRINCIPLES.—(1) In this sec5 tion, the term ‘Declaration of Principles’ means a written 

6 understanding (including any Statement of Principles) be7 tween the Department of Defense and its counterpart in 

8 a foreign country signifying a cooperative relationship be9 tween the Department and its counterpart to standardize 

10 or make interoperable defense equipment used by the 

11 armed forces and the armed forces of the foreign country 

12 across a broad spectrum of defense activities, including— 

13 ‘‘(A) harmonization of military requirements 

14 and acquisition processes; 

15 ‘‘(B) security of supply; 

16 ‘‘(C) export procedures; 

17 ‘‘(D) security of information; 

18 ‘‘(E) ownership and corporate governance; 

19 ‘‘(F) research and development; 

20 ‘‘(G) flow of technical information; and 

21 ‘‘(H) defense trade. 

22 ‘‘(2) A Declaration of Principles is underpinned by 

23 a memorandum of understanding or other agreement pro24 viding for the reciprocal procurement of defense items be25 tween the United States and the foreign country conVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 cerned without unfair discrimination in accordance with 

2 section 2531 of this title.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of such subchapter is amended by insert5 ing after the item relating to section 2539b the following 

6 new item: 

‘‘2539c. Waiver of domestic source or content requirements.’’. 

7 SEC. 824. REPEAL OF REQUIREMENT FOR IDENTIFICATION 

8 OF ESSENTIAL MILITARY ITEMS AND MILI9 TARY SYSTEM ESSENTIAL ITEM BREAKOUT 

10 LIST. 

11 Section 813 of the National Defense Authorization 

12 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

13 1543) is repealed. 

14 SEC. 825. CONSISTENCY WITH UNITED STATES OBLIGA15 TIONS UNDER TRADE AGREEMENTS. 

16 No provision of this Act or any amendment made by 

17 this Act shall apply to a procurement by or for the Depart18 ment of Defense to the extent that the Secretary of De19 fense, in consultation with the Secretary of Commerce, the 

20 United States Trade Representative, and the Secretary of 

21 State, determines that it is inconsistent with United 

22 States obligations under a trade agreement. 


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1 Subtitle C—Defense Contractor 

2 Matters 

3 SEC. 841. REQUIREMENTS FOR DEFENSE CONTRACTORS 

4 RELATING TO CERTAIN FORMER DEPART5 MENT OF DEFENSE OFFICIALS. 

6 (a) REQUIREMENTS.— 

7 (1) IN GENERAL.—Chapter 141 of title 10, 

8 United States Code, is amended by adding at the 

9 end the following new section: 

10 ‘‘§ 2410p. Defense contractors: requirements con11 cerning former Department of Defense of12 ficials 

13 ‘‘(a) IN GENERAL.—Each contract for the procure14 ment of goods or services in excess of $10,000,000, other 

15 than a contract for the procurement of commercial items, 

16 that is entered into by the Department of Defense shall 

17 include a provision under which the contractor agrees to 

18 submit to the Secretary of Defense, not later than April 

19 1 of each year such contract is in effect, a written report 

20 setting forth the information required by subsection (b). 

21 ‘‘(b) REPORT INFORMATION.—Except as provided in 

22 subsection (c), a report by a contractor under subsection 

23 (a) shall— 

24 ‘‘(1) list the name of each person who— 


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1 ‘‘(A) is a former officer or employee of the 

2 Department of Defense or a former or retired 

3 member of the armed forces who served— 

4 ‘‘(i) in an Executive Schedule position 

5 under subchapter II of chapter 53 of title 

6 5; 

7 ‘‘(ii) in a position in the Senior Exec8 utive Service under subchapter VIII of 

9 chapter 53 of title 5; 

10 ‘‘(iii) in a general or flag officer posi11 tion compensated at a rate of pay for 

12 grade 0–7 or above under section 201 of 

13 title 37; or 

14 ‘‘(iv) as a program manager, deputy 

15 program manager, procuring contracting 

16 officer, administrative contracting officer, 

17 source selection authority, member of the 

18 source selection evaluation board, or chief 

19 of a financial or technical evaluation team 

20 for a contract with a value in excess of 

21 $10,000,000; and 

22 ‘‘(B) during the preceding calendar year 

23 was provided compensation by the contractor, if 

24 such compensation was first provided by the 

25 contractor not more than two years after such 


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1 officer, employee, or member left service in the 

2 Department of Defense; and 

3 ‘‘(2) in the case of each person listed under 

4 paragraph (1)— 

5 ‘‘(A) identify the agency in which such per6 son was employed or served on active duty dur7 ing the last two years of such person’s service 

8 with the Department of Defense; 

9 ‘‘(B) state such person’s job title and iden10 tify each major defense system, if any, on which 

11 such person performed any work with the De12 partment of Defense during the last two years 

13 of such person’s service with the Department; 

14 and 

15 ‘‘(C) state such person’s current job title 

16 with the contractor and identify each major de17 fense system on which such person has per18 formed any work on behalf of the contractor. 

19 ‘‘(c) DUPLICATE INFORMATION NOT REQUIRED.—An 

20 annual report submitted by a contractor pursuant to sub21 section (b) need not provide information with respect to 

22 any former officer or employee of the Department of De23 fense or former or retired member of the armed forces 

24 if such information has already been provided in a preVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 vious annual report filed by such contractor under this 

2 section.’’. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 141 of such title 

5 is amended by adding at the end the following new 

6 item: 

‘‘2410p. Defense contractors: requirements concerning former Department of 

Defense officials.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 subsection (a) shall take effect on the date of the enact9 ment of this Act, and shall apply with respect to contracts 

10 entered into on or after that date. 

11 SEC. 842. LEAD SYSTEMS INTEGRATORS. 

12 (a) LIMITATIONS ON CONTRACTORS ACTING AS LEAD

13 SYSTEMS INTEGRATORS.— 

14 (1) IN GENERAL.—Chapter 141 of title 10, 

15 United States Code, as amended by section 

16 841(a)(1) of this Act, is further amended by adding 

17 at the end the following new section: 

18 ‘‘§ 2410q. Contracts: limitations on lead systems inte19 grators 

20 ‘‘(a) IN GENERAL.—Except as provided in subsection 

21 (b), no contractor performing any inherently governmental 

22 functions, or functions closely associated with inherently 

23 governmental functions, relating to the acquisition, engi24 neering, structuring, planning, integration, management, 


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1 or control of a system of systems, regardless of whether 

2 or not such contractor is expressly designated as a so3 called ‘lead systems integrator’, may have any financial 

4 interest in the development or construction of any indi5 vidual system or element of such system of systems. 

6 ‘‘(b) EXCEPTION.—A contractor described in sub7 section (a) may have a financial interest in the develop8 ment or construction of an individual system or element 

9 of a system of systems if the Secretary of Defense certifies 

10 to the congressional defense committees that— 

11 ‘‘(1) the contractor is the preferred best of in12 dustry supplier of the system or element concerned; 

13 and 

14 ‘‘(2) the contractor was selected to develop or 

15 construct the system or element concerned only after 

16 a formal competition for such system or element 

17 conducted by the Department of Defense in which 

18 the contractor participated only as a respondent to 

19 the request for proposal (RFP) under the competi20 tion. 

21 ‘‘(c) CONSTRUCTION.—Nothing in this section shall 

22 be construed to preclude a contractor described in sub23 section (a) from performing work necessary to integrate 

24 two or more individual systems or elements of a system 

25 of systems with each other. 


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1 ‘‘(d) DEFINITIONS.—In this section: 

2 ‘‘(1) The term ‘best of industry’, with respect 

3 to the development or construction of a system or 

4 element by a contractor, means that the contractor 

5 provides the Government any of the following in the 

6 development or construction of the system or ele7 ment for the Government: 

8 ‘‘(A) Best overall value. 

9 ‘‘(B) Best technology. 

10 ‘‘(C) Best capability. 

11 ‘‘(D) Best availability. 

12 ‘‘(2) The term ‘functions closely associated with 

13 inherently governmental functions’ has the meaning 

14 given such term in section 2383(b)(3) of this title. 

15 ‘‘(3) The term ‘inherently governmental func16 tions’ has the meaning given such term in section 

17 2383(b)(2) of this title. 

18 ‘‘(4) The term ‘system of systems’ means a set 

19 of interdependent systems, including one or more 

20 major weapon systems, that are related to provide a 

21 given capability and in which the loss of any one 

22 would significantly degrade the performance or capa23 bilities of the set of systems as a whole.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of chapter 141 of such title, 


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1 as amended by section 841(a)(2) of this Act, is fur2 ther amended by adding at the end the following 

3 new item: 

‘‘2410q. Contracts: limitations on lead systems integrators.’’. 

4 (3) EFFECTIVE DATE.—The amendments made 

5 by subsection (a) shall take effect on the date of the 

6 enactment of this Act, and shall apply with respect 

7 to contracts entered into on or after that date. 

8 (b) UPDATE OF REGULATIONS ON LEAD SYSTEMS

9 INTEGRATORS.—Not later than December 31, 2006, the 

10 Secretary of Defense shall update the acquisition regula11 tions of the Department of Defense in order to specify 

12 fully in such regulations the matters with respect to lead 

13 systems integrators set forth in section 805(b) of the Na14 tional Defense Authorization for Fiscal Year 2006 (Public 

15 Law 109–163; 119 Stat. 3372). 

16 (c) DEFINITION OF LEAD SYSTEMS INTEGRATOR.— 

17 (1) DEFINITION REQUIRED.—The Secretary of 

18 Defense shall include in the report required by sec19 tion 805 of the National Defense Authorization for 

20 Fiscal Year 2006 a precise and comprehensive defi21 nition of the term ‘‘lead systems integrator’’, as that 

22 term is utilized in such section. 

23 (2) MATTERS TO BE ADDRESSED.—In defining 

24 the term ‘‘lead systems integrator’’ under paragraph 


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1 (1), the Secretary shall take into account the fol2 lowing: 

3 (A) The importance of lead systems inte4 grators in the production, fielding, and 

5 sustainment of complex systems, including their 

6 role in addressing increases in cost, the evo7 lution of interoperability requirements, and the 

8 maintenance and sustainment of critical capa9 bilities. 

10 (B) The unique engineering and integra11 tion skills of lead systems integrators. 

12 (C) The management and organizational 

13 skills and capabilities of lead systems integra14 tors, including the capacity of lead systems in15 tegrators to facilitate the participation of small 

16 and disadvantaged businesses in the production, 

17 fielding, and sustainment of complex systems. 

18 (d) CONTRACT TYPES AND FEE STRUCTURES.—The 

19 Secretary of Defense shall include in the report required 

20 by section 805 of the National Defense Authorization for 

21 Fiscal Year 2006 a specification of various types of con22 tracts and fee structures, including award and incentive 

23 fees, that are appropriate for use by lead systems integra24 tors in the production, fielding, and sustainment of com25 plex systems. 


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1 SEC. 843. LINKING OF AWARD AND INCENTIVE FEES TO AC2 QUISITION OUTCOMES. 

3 (a) GUIDANCE ON LINKING OF AWARD AND INCEN4 TIVE FEES TO ACQUISITION OUTCOMES.—Not later than 

5 180 days after the date of the enactment of this Act, the 

6 Secretary of Defense shall issue guidance, with detailed 

7 implementation instructions (including definitions), for 

8 the Department of Defense on the appropriate use of 

9 award and incentive fees in Department of Defense acqui10 sition programs. 

11 (b) ELEMENTS.—The guidance under subsection (a) 

12 shall— 

13 (1) ensure that all new contracts using award 

14 fees link such fees to acquisition outcomes (which 

15 shall be defined in terms of program cost, schedule, 

16 and performance); 

17 (2) provide guidance on the circumstances in 

18 which contractor performance may be judged to be 

19 ‘‘excellent’’ or ‘‘superior’’ and the percentage of the 

20 available award fee which contractors should be paid 

21 for such performance; 

22 (3) establish standards for determining the per23 centage of the available award fee, if any, which con24 tractors should be paid for performance that is 

25 judged to be ‘‘acceptable’’, ‘‘average’’, ‘‘expected’’, 

26 ‘‘good’’, or ‘‘satisfactory’’; 


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1 (4) ensure that no award fee may be paid for 

2 contractor performance that is judged to be poor; 

3 (5) provide specific direction on the cir4 cumstances, if any, in which it may be appropriate 

5 to roll over award fees that are not earned in one 

6 award fee period to a subsequent award fee period 

7 or periods; 

8 (6) ensure that the Department of Defense— 

9 (A) collects relevant data on award and in10 centive fees paid to contractors; and 

11 (B) has mechanisms in place to evaluate 

12 such data on a regular basis; 

13 (7) include performance measures to evaluate 

14 the effectiveness of award and incentive fees as a 

15 tool for improving contractor performance and 

16 achieving desired program outcomes; and 

17 (8) provide mechanisms for sharing proven in18 centive strategies for the acquisition of different 

19 types of products and services among contracting 

20 and program management officials. 

21 (c) ASSESSMENT OF INDEPENDENT EVALUATION

22 MECHANISMS.— 

23 (1) IN GENERAL.—The Secretary of Defense 

24 shall select a federally-funded research and develop25 ment center to assess various mechanisms that could 


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1 be used to ensure an independent evaluation of con2 tractor performance for the purpose of making de3 terminations applicable to the judging and payment 

4 of award fees. 

5 (2) CONSIDERATIONS.—The assessment con6 ducted pursuant to paragraph (1) shall include con7 sideration of the advantages and disadvantages of a 

8 system in which award fees are— 

9 (A) held in a separate fund or funds of the 

10 Department of Defense; and 

11 (B) allocated to a specific program only 

12 upon a determination by an independent board, 

13 charged with comparing contractor performance 

14 across programs, that such fees have been 

15 earned by the contractor for such program. 

16 (3) REPORT.—The Secretary shall submit to 

17 the congressional defense committees a report on the 

18 assessment conducted pursuant to paragraph (1) not 

19 later than one year after the date of the enactment 

20 of this Act. 

21 SEC. 844. PROHIBITION ON EXCESSIVE PASS-THROUGH 

22 CHARGES. 

23 (a) REGULATIONS REQUIRED.—Not later than 120 

24 days after the date of the enactment of this Act, the Sec25 retary of Defense shall prescribe regulations prohibiting 


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1 excessive pass-through charges on contracts or sub2 contracts (or task or delivery orders) that are entered into 

3 for or on behalf of the Department of Defense that are 

4 in excess of the simplified acquisition threshold, as speci5 fied in section 4(11) of the Office of Federal Procurement 

6 Policy Act (41 U.S.C. 403(11)). 

7 (b) SCOPE OF REGULATIONS.—The regulations pre8 scribed under this section shall not apply to any firm, 

9 fixed-price contract or subcontract (or task or delivery 

10 order) that is— 

11 (1) awarded on the basis of adequate price com12 petition; or 

13 (2) for the acquisition of a commercial item, as 

14 defined in section 4(12) of the Office of Federal 

15 Procurement Policy Act (41 U.S.C. 403(12)). 

16 (c) DEFINITIONS.—In this section: 

17 (1) The term ‘‘excessive pass-through charge’’ 

18 means a charge by a covered contractor or subcon19 tractor for overhead or profit on work performed by 

20 a covered lower-tier contractor (other than charges 

21 for the direct costs of managing lower-tier contracts 

22 and overhead and profit based on such direct costs). 

23 (2) The term ‘‘covered contractor’’ means the 

24 following: 


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1 (A) A contractor that assigns work ac2 counting for more than 90 percent of the cost 

3 of contract performance (not including overhead 

4 or profit) to subcontractors. 

5 (B) In the case of a contract providing for 

6 the development or production of more than one 

7 weapon system, a contractor that assigns work 

8 accounting for more than 90 percent of the cost 

9 of contract performance (not including overhead 

10 or profit) for any particular weapon system 

11 under such contract to subcontractors. 

12 (3) The term ‘‘covered lower-tier contractor’’ 

13 means the following: 

14 (A) With respect to a covered contractor 

15 described by paragraph (2)(A) in a contract, 

16 any lower-tier subcontractor under such con17 tract. 

18 (B) With respect to a covered contractor 

19 described by paragraph (2)(B) in a contract, 

20 any lower-tier subcontractor on a weapon sys21 tem under such contract for which such covered 

22 contractor has assigned work accounting for 

23 more than 90 percent of the cost of contract 

24 performance (not including overhead or profit). 


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1 (d) EFFECTIVE DATE.—The regulations prescribed 

2 under this section shall apply to contracts awarded for or 

3 on behalf of the Department of Defense on or after the 

4 date that is 120 days after the date of the enactment of 

5 this Act. 

6 SEC. 845. REPORT ON DEPARTMENT OF DEFENSE CON7 TRACTING WITH CONTRACTORS OR SUB8 CONTRACTORS EMPLOYING MEMBERS OF 

9 THE SELECTIVE RESERVE. 

10 (a) STUDY REQUIRED.—The Secretary of Defense 

11 shall conduct a study on contracting with the Department 

12 of Defense by actual and potential contractors and sub13 contractors of the Department who employ members of 

14 the Selected Reserve of the reserve components of the 

15 Armed Forces. 

16 (b) ELEMENTS.—The study required by subsection 

17 (a) shall address the following: 

18 (1) The extent to which actual and potential 

19 contractors and subcontractors of the Department, 

20 including small businesses, employ members of the 

21 Selective Reserve. 

22 (2) The extent to which actual and potential 

23 contractors and subcontractors of the Department 

24 have been or are likely to be disadvantaged in the 

25 performance of contracts with the Department, or in 


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1 competition for new contracts with the Department, 

2 when employees who are such members are mobi3 lized as part of a United States military operation 

4 overseas. 

5 (3) Any actions that, in the view of the Sec6 retary, should be taken to address any such dis7 advantage, including— 

8 (A) the extension of additional time for the 

9 performance of contracts to contractors and 

10 subcontractors of Department who employ 

11 members of the Selected Reserve who are mobi12 lized as part of a United States military oper13 ation overseas; and 

14 (B) the provision of assistance in forming 

15 contracting relationships with other entities to 

16 ameliorate the temporary loss of qualified per17 sonnel. 

18 (c) REPORT.—Not later than one year after the date 

19 of the enactment of this Act, the Secretary shall submit 

20 to Congress a report on the study required by this section. 

21 The report shall set forth the findings and recommenda22 tions of the Secretary as a result of the study. 

23 (d) REPEAL OF SUPERSEDED AUTHORITY.—Section 

24 819 of the National Defense Authorization Act for Fiscal 


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1 Year 2006 (Public Law 109–163; 119 Stat. 3385; 10 

2 U.S.C. 2305 note) is repealed. 

3 Subtitle D—Program Manager 

4 Matters 

5 SEC. 861. PROGRAM MANAGER EMPOWERMENT AND AC6 COUNTABILITY. 

7 (a) STRATEGY.—The Secretary of Defense shall de8 velop a comprehensive strategy for enhancing the role of 

9 Department of Defense program managers in developing 

10 and carrying out defense acquisition programs. 

11 (b) MATTERS TO BE ADDRESSED.—The strategy re12 quired by this section shall address, at a minimum— 

13 (1) enhanced training and educational opportu14 nities for program managers; 

15 (2) increased emphasis on the mentoring of cur16 rent and future program managers by experienced 

17 senior executives and program managers within the 

18 Department; 

19 (3) improved career paths and career opportu20 nities for program managers; 

21 (4) additional incentives for the recruitment 

22 and retention of highly qualified individuals to serve 

23 as program managers; 

24 (5) improved resources and support (including 

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1 tise, and software development expertise) for pro2 gram managers; 

3 (6) improved means of collecting and dissemi4 nating best practices and lessons learned to enhance 

5 program management across the Department; 

6 (7) common templates and tools to support im7 proved data gathering and analysis for program 

8 management and oversight purposes; 

9 (8) increased accountability of program man10 agers for the results of defense acquisition pro11 grams; and 

12 (9) enhanced monetary and nonmonetary 

13 awards for successful accomplishment of program 

14 objectives by program managers. 

15 (c) REPORT.—Not later than 180 days after the date 

16 of the enactment of this Act, the Secretary shall submit 

17 to the congressional defense committees a report on the 

18 strategy developed pursuant to this section. 

19 SEC. 862. TENURE AND ACCOUNTABILITY OF PROGRAM 

20 MANAGERS FOR PROGRAM DEVELOPMENT 

21 PERIODS. 

22 (a) REVISED GUIDANCE REQUIRED.—Not later than 

23 180 days after the date of the enactment of this Act, the 

24 Secretary of Defense shall revise Department of Defense 

25 guidance for defense acquisition programs to address the 


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1 tenure and accountability of program managers for the 

2 program development period of defense acquisition pro3 grams. 

4 (b) PROGRAM DEVELOPMENT PERIOD.—For the pur5 pose of this section, the term ‘‘program development pe6 riod’’ refers to the period before a decision on Milestone 

7 B approval (or Key Decision Point B approval in the case 

8 of a space program). 

9 (c) RESPONSIBILITIES.—The revised guidance re10 quired by subsection (a) shall provide that the program 

11 manager for the program development period of a defense 

12 acquisition program is responsible for— 

13 (1) bringing to maturity the technologies and 

14 manufacturing processes that will be needed to carry 

15 out such program; 

16 (2) ensuring continuing focus during program 

17 development on meeting stated mission requirements 

18 and other requirements of the Department of De19 fense; 

20 (3) making trade-offs between program cost, 

21 schedule and performance for the life-cycle of such 

22 program; 

23 (4) developing a business case for such pro24 gram; and 


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1 (5) ensuring that appropriate information is 

2 available to the milestone decision authority to make 

3 a decision on Milestone B approval (or Key Decision 

4 Point B approval in the case of a space program), 

5 including information necessary to make the certifi6 cation required by section 2366a of title 10, United 

7 States Code. 

8 (d) QUALIFICATIONS, RESOURCES, AND TENURE.— 

9 The Secretary shall ensure that each program manager 

10 for the program development period of a defense acquisi11 tion program— 

12 (1) has the appropriate management, engineer13 ing, technical, and financial expertise needed to meet 

14 the responsibilities assigned pursuant to subsection 

15 (c); 

16 (2) is provided the resources and support (in17 cluding systems engineering expertise, cost esti18 mating expertise, and software development exper19 tise) needed to meet such responsibilities; and 

20 (3) is assigned to the program manager posi21 tion for such program until such time as such pro22 gram is ready for a decision on Milestone B approval 

23 (or Key Decision Point B approval in the case of a 

24 space program). 


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1 SEC. 863. TENURE AND ACCOUNTABILITY OF PROGRAM 

2 MANAGERS FOR PROGRAM EXECUTION PERI3 ODS. 

4 (a) REVISED GUIDANCE REQUIRED.—Not later than 

5 180 days after the date of the enactment of this Act, the 

6 Secretary of Defense shall revise Department of Defense 

7 guidance for defense acquisition programs to address the 

8 tenure and accountability of program managers for the 

9 program execution period of defense acquisition programs. 

10 (b) PROGRAM EXECUTION PERIOD.—For the pur11 pose of this section, the term ‘‘program execution period’’ 

12 refers to the period after Milestone B approval (or Key 

13 Decision Point B approval in the case of a space pro14 gram). 

15 (c) RESPONSIBILITIES.—The revised guidance re16 quired by subsection (a) shall— 

17 (1) require the program manager for the pro18 gram execution period of a defense acquisition pro19 gram to enter into a performance agreement with 

20 the milestone decision authority for such program 

21 within six months of assignment, that— 

22 (A) establishes expected parameters for the 

23 cost, schedule, and performance of such pro24 gram consistent with the business case for such 

25 program; 


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1 (B) provides the commitment of the mile2 stone decision authority to provide the level 

3 funding and resources required to meet such 

4 parameters; and 

5 (C) provides the assurance of the program 

6 manager that such parameters are achievable 

7 and that such program manager will be ac8 countable for meeting such parameters; and 

9 (2) provide the program manager with the au10 thority to— 

11 (A) veto the addition of new program re12 quirements that would be inconsistent with the 

13 parameters established in the performance 

14 agreement entered pursuant to paragraph (1); 

15 (B) make trade-offs between cost, schedule 

16 and performance, provided that such trade-offs 

17 are consistent with the parameters established 

18 in the performance agreement entered pursuant 

19 to paragraph (1); 

20 (C) redirect funding within such program, 

21 to the extent necessary to achieve the param22 eters established in the performance agreement 

23 entered pursuant to paragraph (1); 

24 (D) develop such interim goals and mile25 stones as may be required to achieve the paVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 rameters established in the performance agree2 ment entered pursuant to paragraph (1); and 

3 (E) use program funds to recruit and hire 

4 such technical experts as may be required to 

5 carry out such program, if necessary expertise 

6 is not otherwise provided by the Department of 

7 Defense. 

8 (d) QUALIFICATIONS, RESOURCES, AND TENURE.— 

9 The Secretary shall ensure that each program manager 

10 for the program execution period of a defense acquisition 

11 program— 

12 (1) has the appropriate management, engineer13 ing, technical, and financial expertise needed to meet 

14 the responsibilities assigned pursuant to subsection 

15 (c); 

16 (2) is provided the resources and support (in17 cluding systems engineering expertise, cost esti18 mating expertise, and software development exper19 tise) needed to meet such responsibilities; and 

20 (3) is assigned to the program manager posi21 tion for such program at the time of Milestone B ap22 proval (or Key Decision Point B approval in the case 

23 of a space program) and continues in such position 

24 until the delivery of the first production units of 

25 such program. 


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1 (e) LIMITED WAIVER AUTHORITY.—The Secretary 

2 may waive the requirement in subsection (d)(3) that a pro3 gram manager for the program execution period of a de4 fense acquisition program serve in that position until the 

5 delivery of the first production units of such program upon 

6 submitting to the congressional defense committees a writ7 ten determination that— 

8 (1) such program is so complex, and the deliv9 ery of the first production units will take so long, 

10 that it would not be feasible for a single individual 

11 to serve as program manager for the entire period 

12 covered by such subsection; and 

13 (2) the complexity of such program, and length 

14 of time that will be required to deliver the first pro15 duction units, are not the result of a failure to meet 

16 the certification requirements established in section 

17 2366a of title 10, United States Code. 

18 SEC. 864. INTERAGENCY PLAN FOR CONTINGENCY PRO19 GRAM MANAGEMENT. 

20 (a) REQUIREMENT.—Not later than one year after 

21 the date of the enactment of this Act, the Secretary of 

22 Defense, in consultation with the Department of State and 

23 the heads of other appropriate agencies, shall develop an 

24 interagency plan for contingency program management 

25 during combat operations and post-conflict operations. 


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1 (b) MATTERS TO BE COVERED.—The interagency 

2 plan for contingency program management required by 

3 subsection (a) shall, at a minimum, provide for— 

4 (1) the designation of a senior executive service 

5 official on the Joint Staff with the responsibility for 

6 administering the plan; 

7 (2) the assignment of a senior commissioned of8 ficer of the Armed Forces with appropriate program 

9 management experience and qualifications to act as 

10 head of contingency program management during 

11 combat operations, post-conflict operations, and con12 tingency operations, who shall report directly to the 

13 commander of the combatant command in whose 

14 area of responsibility the operations occur; 

15 (3) a preplanned organizational structure for 

16 contingency program management that is designed 

17 to ensure that the United States Government is pre18 pared to conduct contingency program management 

19 during combat operations and post-conflict oper20 ations, including advance planning for— 

21 (A) unified, agile program management 

22 processes and procedures for an interagency 

23 and coalition environment; 

24 (B) standardized joint contract mecha25 nisms with clearly defined metrics; 


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1 (C) continuity of program and project 

2 management; 

3 (D) identification of a deployable cadre of 

4 experts, trained in processes required under 

5 paragraph (4); 

6 (E) required information technology re7 sources and reliable, interoperable connections 

8 and communications; and 

9 (F) coordination of program management 

10 operations with the activities of commanders in 

11 the field; 

12 (4) a requirement for the development of a 

13 training program for contingency program manage14 ment, including— 

15 (A) comprehension of program manage16 ment that focuses on cost, scope, schedule, suc17 cess metrices, project oversight, and resource 

18 balancing; 

19 (B) contracting options and rules; 

20 (C) government procedures on funding, ac21 countability and component and partner respon22 sibilities; and 

23 (D) effective communications and rules for 

24 coordination with commanders in the field; and 


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1 (5) a requirement for identification of hiring 

2 and appointment authorities for rapid deployment of 

3 personnel under this section to ensure the avail4 ability of key personnel for sufficient lengths of time 

5 to provide for continuing of program and project 

6 management. 

7 SEC. 865. COMPTROLLER GENERAL REPORT. 

8 Not later than February 1, 2007, the Comptroller 

9 General of the United States shall submit to the congres10 sional defense committees a report on the actions taken 

11 by the Secretary of Defense to comply with the require12 ments of this subtitle. The report shall include a descrip13 tion of such actions and an assessment by the Comptroller 

14 General of the effectiveness of such actions in meeting 

15 such requirements. 

16 Subtitle E—Other Matters 

17 SEC. 871. CLARIFICATION OF AUTHORITY TO CARRY OUT 

18 CERTAIN PROTOTYPE PROJECTS. 

19 Section 845(a) of the National Defense Authorization 

20 Act for Fiscal Year 1994 (10 U.S.C. 2371 note) is amend21 ed— 

22 (1) in paragraph (2)(A), by inserting ‘‘or, for a 

23 defense agency, the director of the defense agency’’ 

24 after ‘‘(41 U.S.C. 414(c))’’; and 


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1 (2) in paragraph (3), by striking ‘‘or director of 

2 a defense agency’’ after ‘‘executive’’. 

3 SEC. 872. ONE-YEAR EXTENSION OF SPECIAL TEMPORARY 

4 CONTRACT CLOSEOUT AUTHORITY. 

5 Section 804(d) of the National Defense Authorization 

6 Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

7 1542) is amended by striking ‘‘September 30, 2006’’ and 

8 inserting ‘‘September 30, 2007’’. 

9 SEC. 873. ONE-YEAR EXTENSION OF INAPPLICABILITY OF 

10 CERTAIN LAWS TO CONTRACTING WITH EM11 PLOYERS OF PERSONS WITH DISABILITIES. 

12 Subsections (a)(2)(A) and (b)(2)(A) of the Ronald W. 

13 Reagan National Defense Authorization Act for Fiscal 

14 Year 2005 (Public Law 108–375; 118 Stat. 2021), as 

15 amended by section 848(a) of the National Defense Au16 thorization Act for Fiscal Year 2006 (Public Law 109– 

17 163; 119 Stat. 3395), are each further amended by strik18 ing ‘‘2006’’ and inserting ‘‘2007’’. 


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1 TITLE IX—DEPARTMENT OF DE2 FENSE ORGANIZATION AND 

3 MANAGEMENT 

4 Subtitle A—Duties and Functions 

5 of Department of Defense Offi6 cers and Organizations 

7 SEC. 901. UNITED STATES MILITARY CANCER INSTITUTE. 

8 (a) ESTABLISHMENT.—Chapter 104 of title 10, 

9 United States Code, is amended by adding at the end the 

10 following new section: 

11 ‘‘§ 2117. United States Military Cancer Institute 

12 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense 

13 shall establish in the University the United States Military 

14 Cancer Institute. The Institute shall be established pursu15 ant to regulations prescribed by the Secretary. 

16 ‘‘(b) PURPOSES.—The purposes of the Institute are 

17 as follows: 

18 ‘‘(1) To establish and maintain a clearinghouse 

19 of data on the incidence and prevalence of cancer 

20 among members and former members of the armed 

21 forces. 

22 ‘‘(2) To conduct research that contributes to 

23 the detection or treatment of cancer among the 

24 members and former members of the armed forces. 


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1 ‘‘(c) HEAD OF INSTITUTE.—The Director of the 

2 United States Military Cancer Institute is the head of the 

3 Institute. The Director shall report to the President of the 

4 University regarding matters relating to the Institute. 

5 ‘‘(d) ELEMENTS.—(1) The Institute is composed of 

6 clinical and basic scientists in the Department of Defense 

7 who have an expertise in research, patient care, and edu8 cation relating to oncology and who meet applicable cri9 teria for affiliation with the Institute. 

10 ‘‘(2) The components of the Institute include military 

11 treatment and research facilities that meet applicable cri12 teria and are designated as affiliates of the Institute. 

13 ‘‘(e) RESEARCH.—(1) The Director of the United 

14 States Military Cancer Institute shall carry out research 

15 studies on the following: 

16 ‘‘(A) The epidemiological features of cancer, in17 cluding assessments of the carcinogenic effect of ge18 netic and environmental factors, and of disparities in 

19 health, inherent or common among populations of 

20 various ethnic origins within the members of the 

21 armed forces. 

22 ‘‘(B) The prevention and early detection of can23 cer among members and former members of the 

24 armed forces. 


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1 ‘‘(C) Basic, translational, and clinical investiga2 tion matters relating to the matters described in 

3 subparagraphs (A) and (B). 

4 ‘‘(2) The research studies under paragraph (1) shall 

5 include complementary research on oncologic nursing. 

6 ‘‘(f) COLLABORATIVE RESEARCH.—The Director of 

7 the United States Military Cancer Institute shall carry out 

8 the research studies under subsection (e) in collaboration 

9 with other cancer research organizations and entities se10 lected by the Institute for purposes of the research studies. 

11 ‘‘(g) ANNUAL REPORT.—(1) Not later than Novem12 ber 1 each year, the Director of the United States Military 

13 Cancer Institute shall submit to the President of the Uni14 versity a report on the current status of the research stud15 ies being carried out by the Institute under subsection (e). 

16 ‘‘(2) Not later than 60 days after receiving a report 

17 under paragraph (1), the President of the University shall 

18 transmit such report to the Secretary of Defense and to 

19 Congress.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections 

21 at the beginning of chapter 104 of such title is amended 

22 by adding at the end the following new item: 

‘‘2117. United States Military Cancer Institute.’’. 


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1 SEC. 902. SENIOR ACQUISITION EXECUTIVE FOR SPECIAL 

2 OPERATIONS WITHIN STAFF OF THE ASSIST3 ANT SECRETARY OF DEFENSE FOR SPECIAL 

4 OPERATIONS AND LOW INTENSITY CONFLICT. 

5 (a) INCLUSION WITHIN STAFF.—The staff of the As6 sistant Secretary of Defense for Special Operations and 

7 Low Intensity Conflict under section 138(b)(4) of title 10, 

8 United States Code, shall include a senior acquisition ex9 ecutive for special operations. 

10 (b) DUTIES.—The senior acquisition executive within 

11 the staff of the Assistant Secretary of Defense for Special 

12 Operations and Low Intensity Conflict under subsection 

13 (a) shall conduct policy and management oversight of the 

14 acquisition activities of the Special Operations Command 

15 under section 167 of title 10, United States Code, and 

16 shall have such other duties as the Assistant Secretary 

17 shall designate. 

18 Subtitle B—Space Activities 

19 SEC. 911. ESTABLISHMENT OF OPERATIONALLY RESPON20 SIVE SPACE CAPABILITIES. 

21 (a) FINDINGS.—Congress makes the following find22 ings: 

23 (1) Access to and use of space is critical for 

24 preserving peace and protecting the national secu25 rity, commercial, and civil interests of the United 

26 States. 


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1 (2) Key priorities for the national security 

2 space activities of the United States include improv3 ing the capacity to support military operations 

4 worldwide and responding to strategic military 

5 threats. 

6 (3) To the maximum extent possible, space ca7 pabilities should be integrated into the strategy, doc8 trine, operations, and contingency plans of the 

9 Armed Forces of the United States. 

10 (4) The commanders of the combatant com11 mands should have access to responsive space capa12 bilities that provide prompt, focused support in their 

13 theater of operations, which capabilities should com14 pliment other national and Department of Defense 

15 space assets while providing direct and flexible sup16 port to the warfighter on the battlefield. 

17 (5) The United States Space Transportation 

18 Policy of January 6, 2005, calls for the demonstra19 tion, before 2010, of an initial capability for oper20 ationally responsive access to and use of space to 

21 support the national security requirements of the 

22 United States. 

23 (b) POLICY.—It is the policy of the United States— 


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1 (1) to demonstrate, acquire, and deploy an ef2 fective capability for operationally responsive space 

3 to support the warfighter from space; and 

4 (2) that the capability described in paragraph 

5 (1) shall consist of— 

6 (A) responsive satellite payloads; 

7 (B) inexpensive space launch vehicles and 

8 range procedures that facilitate the timely 

9 launch of satellites; 

10 (C) common technical standards for sat11 ellite busses; and 

12 (D) a configuration of operations and com13 mand and control capabilities that permit the 

14 warfighter to exploit responsive space assets for 

15 combat operations. 

16 (c) OPERATIONALLY RESPONSIVE SPACE HYBRID

17 PROGRAM OFFICE.— 

18 (1) IN GENERAL.—The Secretary of Defense 

19 shall establish within the Department of Defense an 

20 office to be known as the Operationally Responsive 

21 Space Hybrid Program Office (in this subsection re22 ferred to as the ‘‘Office’’). 

23 (2) ELEMENTS.—The Office shall consist of ele24 ments of the Department of Defense selected by the 

25 Secretary from among the science and technology, 


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1 acquisition, and operations elements of the Depart2 ment having the capacity to contribute to the devel3 opment of capabilities for operationally responsive 

4 space. Such elements shall be selected so as to 

5 achieve a balanced representation of the military de6 partments in the Office in order to ensure proper ac7 knowledgment of joint considerations in the activi8 ties of the Office. 

9 (3) ORGANIZATION OF ELEMENTS.—The ele10 ments of the Office under paragraph (2) shall be or11 ganized by the Secretary into divisions as follows: 

12 (A) A science and technology division that 

13 shall pursue innovative approaches to the devel14 opment of capabilities for operationally respon15 sive space through basic and applied research 

16 focused on payloads, bus, and launch equip17 ment. 

18 (B) An acquisition division that shall un19 dertake the acquisition of systems necessary to 

20 procure, integrate, sustain, and launch assets 

21 for operationally responsive space. 

22 (C) An operations division that shall— 

23 (i) sustain and maintain assets for 

24 operationally responsive space prior to 

25 launch; 


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1 (ii) integrate and launch such assets; 

2 and 

3 (iii) operate such assets in orbit. 

4 (D) A combatant command support divi5 sion that shall serve as the primary inter6 mediary between the military departments and 

7 the combatant commands on operationally re8 sponsive space, including the integration of as9 sets for operationally responsive space into— 

10 (i) the operations plans of the combat11 ant commands; 

12 (ii) the training and tactics proce13 dures of the military departments; and 

14 (iii) military exercises, demonstra15 tions, and war games. 

16 (3) ACCOUNTABILITY.—The head of the Office 

17 shall report to the Executive Agent for Space of the 

18 Department of Defense regarding the activities of 

19 Office under this subsection. 

20 (4) ACQUISITION AUTHORITY.—The acquisition 

21 activities of the Office shall be subject to the fol22 lowing: 

23 (A) The Executive Agent for Space of the 

24 Department of Defense shall be the senior ac25 quisition executive of the Office. 


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1 (B) The Joint Capabilities Integration and 

2 Development System process shall not apply to 

3 acquisitions by the Office. 

4 (C) The commander of the United States 

5 Strategic Command, or a designate of the com6 mander, shall— 

7 (i) validate all system requirements 

8 for systems to be acquired by the Office; 

9 and 

10 (ii) participate in the approval of any 

11 acquisition program initiated by the Office. 

12 (D) The unit procurement cost of a launch 

13 vehicle procured by the Office may not exceed 

14 $20,000,000. 

15 (E) The unit procurement cost of an inte16 grated satellite procured by the Office may not 

17 exceed $40,000,000. 

18 (5) ADJUSTMENT OF UNIT PROCUREMENT COST

19 LIMITS.—The Executive Agent for Space shall ad20 just the amounts specified in subparagraphs (D) and 

21 (E) of paragraph (4) to take into account the effects 

22 of inflation. Such adjustment shall take place once 

23 every five years. 

24 (d) PLAN FOR OPERATIONALLY RESPONSIVE

25 SPACE.— 


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1 (1) PLAN REQUIRED.—Not later than 180 days 

2 after the date of the enactment of this Act, the Sec3 retary of Defense shall submit to the congressional 

4 defense committees a report setting forth a plan for 

5 the acquisition by the Department of Defense of ca6 pabilities for operationally responsive space to sup7 port the warfighter. 

8 (2) ELEMENTS.—The plan required by para9 graph (1) shall include the following: 

10 (A) An identification of the roles and mis11 sions of each military department, Defense 

12 Agency, and other component or element of the 

13 Department of Defense for the fulfillment of 

14 the mission of the Department with respect to 

15 operationally responsive space. 

16 (B) An identification of the capabilities re17 quired by the Department to fulfill such mis18 sion. 

19 (C) A description of the chain of command 

20 and reporting structure of the Operationally 

21 Responsive Space Hybrid Program Office under 

22 subsection (c). 

23 (D) The security classification level re24 quired for the Office in order to ensure that the 


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1 Office carries out its responsibilities under sub2 section (c) in a proper and efficient manner. 

3 (E) A description of the acquisition policies 

4 and procedures applicable to the Office, includ5 ing a description of any legislative or adminis6 trative action necessary to provide the Office 

7 additional acquisition authority to carry out its 

8 responsibilities. 

9 (F) A schedule for the implementation of 

10 the plan. 

11 (G) The funding and personnel required to 

12 implement the plan over the course of the cur13 rent future-years defense program under section 

14 221 of title 10, United States Code. 

15 (e) DEFINITIONS.—In this section: 

16 (1) The term ‘‘operationally responsive space’’ 

17 means the development and launch of space assets 

18 upon demand in a low-cost manner. 

19 (2) The term ‘‘procurement unit cost’’ has the 

20 meaning given that term in section 2432(a) of title 

21 10, United States Code. 


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1 SEC. 912. EXTENSION OF AUTHORITY FOR PILOT PROGRAM 

2 ON PROVISION OF SPACE SURVEILLANCE 

3 NETWORK SERVICES TO NON-UNITED STATES 

4 GOVERNMENT ENTITIES. 

5 Section 2274(i) of title 10, United States Code, is 

6 amended by striking ‘‘shall be conducted during the three7 year period beginning on a date specified by the Secretary 

8 of Defense, which date shall be not later than 180 days 

9 after the date of the enactment of this section’’ and insert10 ing ‘‘may be conducted through September 30, 2009’’. 

11 Subtitle C—Other Matters 

12 SEC. 921. DEPARTMENT OF DEFENSE POLICY ON UN13 MANNED SYSTEMS. 

14 (a) POLICY REQUIRED.—The Secretary of Defense 

15 shall, in consultation with the Chairman of the Joint 

16 Chiefs of Staff, develop a policy applicable throughout the 

17 Department of Defense on research, development, test, 

18 and evaluation, procurement, and operation of unmanned 

19 systems. 

20 (b) ELEMENTS.—The policy required by subsection 

21 (a) shall include the following: 

22 (1) Mission requirements (including mission re23 quirements for the military departments and joint 

24 mission requirements) for unmanned systems to re25 place manned systems in the performance of routine 

26 or dangerous missions. 


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1 (2) A strategy and schedules for the replace2 ment of manned systems with unmanned systems in 

3 the performance of such missions. 

4 (3) Preference for joint unmanned systems in 

5 acquisition programs for new systems, including a 

6 requirement under any such program for the devel7 opment of a manned system for a certification that 

8 an unmanned system is incapable of meeting pro9 gram requirements. 

10 (4) Joint development and procurement of un11 manned systems and components. 

12 (5) A strategy for the divestment of the mili13 tary department unmanned systems unique to a par14 ticular department with a preference for joint un15 manned systems. 

16 (6) Programs to address technical, operational, 

17 and production challenges, and gaps in capabilities, 

18 with respect to unmanned systems. 

19 (7) An organizational structure for effective 

20 management, coordination, and budgeting for the 

21 development and procurement of unmanned systems, 

22 including an assessment of the feasibility and advis23 ability of designating a single department or other 

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1 ecutive agent for the Department on unmanned sys2 tems. 

3 (8) Requirements for the integration of un4 manned and manned missions. 

5 (9) Requirements in order to satisfy the goals 

6 for unmanned air and ground systems established in 

7 section 220 of the Floyd D. Spence National De8 fense Authorization Act for Fiscal Year 2001 (as en9 acted into law by Public Law 106–398; 114 Stat. 

10 1654A–38). 

11 (c) REPORT.—Not later than 120 days after the date 

12 of the enactment of this Act, the Secretary shall submit 

13 to the congressional defense committees a report setting 

14 forth the policy required by subsection (a). 

15 SEC. 922. EXECUTIVE SCHEDULE LEVEL IV FOR DEPUTY 

16 UNDER SECRETARY OF DEFENSE FOR LOGIS17 TICS AND MATERIEL READINESS. 

18 (a) EXECUTIVE SCHEDULE LEVEL IV.—Section 

19 5315 of title 5, United States Code, is amended by insert20 ing after the item relating to the Deputy Under Secretary 

21 of Defense for Personnel and Readiness the following new 

22 item: 

23 ‘‘Deputy Under Secretary of Defense for Logis24 tics and Materiel Readiness.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 5314 of 

2 title 5, United States Code, is amended by striking the 

3 item relating to the Deputy Under Secretary of Defense 

4 for Logistics and Materiel Readiness. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect on the date of the enactment 

7 of this Act, and shall apply with respect to individuals ap8 pointed as Deputy Under Secretary of Defense for Logis9 tics and Materiel Readiness on or after that date. 

10 SEC. 923. THREE-YEAR EXTENSION OF JOINT INCENTIVES 

11 PROGRAM ON SHARING OF HEALTH CARE RE12 SOURCES BY THE DEPARTMENT OF DEFENSE 

13 AND DEPARTMENT OF VETERANS AFFAIRS. 

14 Section 8111(d)(4) of title 38, United States Code, 

15 is amended by striking ‘‘September 30, 2007’’ and insert16 ing ‘‘September 30, 2010’’. 

17 TITLE X—GENERAL PROVISIONS 

18 Subtitle A—Financial Matters 

19 SEC. 1001. TRANSFER AUTHORITY. 

20 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

21 (1) AUTHORITY.—Upon determination by the 

22 Secretary of Defense that such action is necessary in 

23 the national interest, the Secretary may transfer 

24 amounts of authorizations made available to the De25 partment of Defense in this division for fiscal year 


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1 2007 between any such authorizations for that fiscal 

2 year (or any subdivisions thereof). Amounts of au3 thorizations so transferred shall be merged with and 

4 be available for the same purposes as the authoriza5 tion to which transferred. 

6 (2) AGGREGATE LIMITATION.—The total 

7 amount of authorizations that the Secretary may 

8 transfer under the authority of this section may not 

9 exceed $4,000,000,000. 

10 (b) LIMITATIONS.—The authority provided by this 

11 section to transfer authorizations— 

12 (1) may only be used to provide authority for 

13 items that have a higher priority than the items 

14 from which authority is transferred; and 

15 (2) may not be used to provide authority for an 

16 item that has been denied authorization by Con17 gress. 

18 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

19 transfer made from one account to another under the au20 thority of this section shall be deemed to increase the 

21 amount authorized for the account to which the amount 

22 is transferred by an amount equal to the amount trans23 ferred. 


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1 (d) NOTICE TO CONGRESS.—The Secretary shall 

2 promptly notify Congress of each transfer made under 

3 subsection (a). 

4 SEC. 1002. AUTHORIZATION OF SUPPLEMENTAL APPRO5 PRIATIONS FOR FISCAL YEAR 2006. 

6 Amounts authorized to be appropriated to the De7 partment of Defense and the Department of Energy for 

8 fiscal year 2006 in the National Defense Authorization 

9 Act for Fiscal Year 2006 (Public Law 109–163) are here10 by adjusted, with respect to any such authorized amount, 

11 by the amount by which appropriations pursuant to such 

12 authorization are increased (by a supplemental appropria13 tion) or decreased (by a rescission), or both, or are in14 creased by a transfer of funds, pursuant to an Act appro15 priating emergency supplemental appropriations for fiscal 

16 year 2006. 

17 SEC. 1003. REDUCTION IN CERTAIN AUTHORIZATIONS DUE 

18 TO SAVINGS RELATING TO LOWER INFLA19 TION. 

20 (a) REDUCTION.—The aggregate amount authorized 

21 to be appropriated by titles I, II, and III is the amount 

22 equal to the sum of all the amounts authorized to be ap23 propriated by such titles reduced by $951,469,000. 

24 (b) SOURCE OF SAVINGS.—Reductions required in 

25 order to comply with subsection (a) shall be derived from 


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1 savings resulting from lower-than-expected inflation as a 

2 result of a review of the inflation assumptions used in the 

3 preparation of the budget of the President for fiscal year 

4 2007, as submitted to Congress pursuant to section 1005 

5 of title 31, United States Code. 

6 (c) ALLOCATION OF REDUCTION.—The Secretary of 

7 Defense shall allocate the reduction required by subsection 

8 (a) among the amounts authorized to be appropriated for 

9 accounts in titles I, II, and III to reflect the extent to 

10 which net savings from lower-than-expected inflation are 

11 allocable to amounts authorized to be appropriated to such 

12 accounts. 

13 SEC. 1004. INCREASE IN FISCAL YEAR 2006 GENERAL 

14 TRANSFER AUTHORITY. 

15 Section 1001(a)(2) of the National Defense Author16 ization Act for Fiscal Year 2006 (Public Law 109–163; 

17 119 Stat. 3418) is amended by striking ‘‘$3,500,000,000’’ 

18 and inserting ‘‘$3,750,000,000’’. 

19 SEC. 1005. UNITED STATES CONTRIBUTION TO NATO COM20 MON-FUNDED BUDGETS IN FISCAL YEAR 2007. 

21 (a) FISCAL YEAR 2007 LIMITATION.—The total 

22 amount contributed by the Secretary of Defense in fiscal 

23 year 2007 for the common-funded budgets of NATO may 

24 be any amount up to, but not in excess of, the amount 

25 specified in subsection (b) (rather than the maximum 


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1 amount that would otherwise be applicable to those con2 tributions under the fiscal year 1998 baseline limitation). 

3 (b) TOTAL AMOUNT.—The amount of the limitation 

4 applicable under subsection (a) is the sum of the following: 

5 (1) The amounts of unexpended balances, as of 

6 the end of fiscal year 2006, of funds appropriated 

7 for fiscal years before fiscal year 2007 for payments 

8 for those budgets. 

9 (2) The amount specified in subsection (c)(1). 

10 (3) The amount specified in subsection (c)(2). 

11 (4) The total amount of the contributions au12 thorized to be made under section 2501. 

13 (c) AUTHORIZED AMOUNTS.—Amounts authorized to 

14 be appropriated by titles II and III of this Act are avail15 able for contributions for the common-funded budgets of 

16 NATO as follows: 

17 (1) Of the amount provided in section 201(1), 

18 $797,000 for the Civil Budget. 

19 (2) Of the amount provided in section 301(1), 

20 $310,277,000 for the Military Budget. 

21 (d) DEFINITIONS.—For purposes of this section: 

22 (1) COMMON-FUNDED BUDGETS OF NATO.— 

23 The term ‘‘common-funded budgets of NATO’’ 

24 means the Military Budget, the Security Investment 

25 Program, and the Civil Budget of the North Atlantic 


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1 Treaty Organization (and any successor or addi2 tional account or program of NATO). 

3 (2) FISCAL YEAR 1998 BASELINE LIMITATION.— 

4 The term ‘‘fiscal year 1998 baseline limitation’’ 

5 means the maximum annual amount of Department 

6 of Defense contributions for common-funded budgets 

7 of NATO that is set forth as the annual limitation 

8 in section 3(2)(C)(ii) of the resolution of the Senate 

9 giving the advice and consent of the Senate to the 

10 ratification of the Protocols to the North Atlantic 

11 Treaty of 1949 on the Accession of Poland, Hun12 gary, and the Czech Republic (as defined in section 

13 4(7) of that resolution), approved by the Senate on 

14 April 30, 1998. 

15 SEC. 1006. MODIFICATION OF DATE OF SUBMITTAL OF OMB/ 

16 CBO REPORT ON SCORING OF OUTLAYS. 

17 Section 226(a) of title 10, United States Code, is 

18 amended by striking ‘‘January 15 of each year’’ and in19 serting ‘‘April 1 of each year’’. 

20 SEC. 1007. PROHIBITION ON PARKING OF FUNDS. 

21 (a) PROHIBITION.— 

22 (1) IN GENERAL.—Chapter 165 of title 10, 

23 United States Code, is amended by inserting after 

24 section 2773a the following new section: 


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1 ‘‘§ 2773b. Parking of funds: prohibition; penalties 

2 ‘‘(a) PROHIBITION.—An officer or employee of the 

3 Department of Defense may not direct the designation of 

4 funds for a particular purpose in the budget of the Presi5 dent, as submitted to Congress pursuant to section 1105 

6 of title 31, or the supporting documents of the Depart7 ment of Defense component of such budget, with the 

8 knowledge or intent that such funds, if made available to 

9 the Department, will not be used for the purpose for which 

10 they are designated. 

11 ‘‘(b) PENALTIES.—The direction of the designation 

12 of funds in violation of the prohibition in subsection (a) 

13 shall be treated for purposes of chapter 13 of title 31 as 

14 a violation of section 1341(a)(1)(A) of title 31.’’. 

15 (2) CLERICAL AMENDMENT.—The table of sec16 tions at the beginning of chapter 165 of such title 

17 is amended by inserting after the item relating to 

18 section 2773a the following new item: 

‘‘2773b. Parking of funds: prohibition; penalties.’’. 

19 (b) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—The amendments made by 

21 subsection (a) shall take effect on the date that is 

22 31 days after the date of the enactment of this Act. 

23 (2) MODIFICATION OF CERTAIN POLICIES AND

24 REGULATIONS.—Not later than 30 days after the 

25 date of the enactment of this Act, the Secretary of 


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1 Defense shall modify the policies and regulations of 

2 the Department of Defense regarding the prepara3 tion and submittal to Congress of budget materials 

4 for the Department of Defense to take into account 

5 the provisions of section 2773b of title 10, United 

6 States Code (as added by subsection (a)). 

7 Subtitle B—Naval Vessels 

8 SEC. 1011. REPEAL OF REQUIREMENT FOR 12 OPER9 ATIONAL AIRCRAFT CARRIERS WITHIN THE 

10 NAVY. 

11 Section 5062 of title 10, United States Code, is 

12 amended— 

13 (1) by striking subsection (b); and 

14 (2) by redesignating subsections (c) and (d) as 

15 subsections (b) and (c), respectively. 

16 SEC. 1012. APPROVAL OF TRANSFER OF NAVAL VESSELS TO 

17 FOREIGN NATIONS BY VESSEL CLASS. 

18 Section 7307(a) of title 10, United States Code, is 

19 amended by inserting ‘‘or vessel of that class’’ after ‘‘that 

20 vessel’’. 


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1 Subtitle C—Counterdrug Matters 

2 SEC. 1021. EXTENSION OF AVAILABILITY OF FUNDS FOR 

3 UNIFIED COUNTERDRUG AND 

4 COUNTERTERRORISM CAMPAIGN IN COLOM5 BIA. 

6 Section 1021 of the Ronald W. Reagan National De7 fense Authorization Act for Fiscal Year 2005 (Public Law 

8 108–375; 118 Stat. 2042) is amended— 

9 (1) in subsection (a)(1), by striking ‘‘2005 and 

10 2006’’ and inserting ‘‘2005 through 2008’’; and 

11 (2) in subsection (c), by striking ‘‘2005 and 

12 2006’’ and inserting ‘‘2005 through 2008’’. 

13 SEC. 1022. EXTENSION OF AUTHORITY OF DEPARTMENT OF 

14 DEFENSE TO PROVIDE ADDITIONAL SUPPORT 

15 FOR COUNTERDRUG ACTIVITIES OF OTHER 

16 GOVERNMENTAL AGENCIES. 

17 Section 1004(a) of the National Defense Authoriza18 tion Act for Fiscal Year 1991 (10 U.S.C. 374 note) is 

19 amended by striking ‘‘through 2006’’ and inserting 

20 ‘‘through 2011’’. 

21 SEC. 1023. EXTENSION AND EXPANSION OF CERTAIN AU22 THORITIES TO PROVIDE ADDITIONAL SUP23 PORT FOR COUNTERDRUG ACTIVITIES. 

24 (a) CONCURRENCE OF SECRETARY OF STATE IN

25 PROVISION OF SUPPORT.—Paragraph (1) of subsection 


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1 (a) of section 1033 of the National Defense Authorization 

2 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 

3 1881), as amended by section 1021 of the National De4 fense Authorization Act for Fiscal Year 2004 (Public Law 

5 108–136: 117 Stat. 1593), is further amended by striking 

6 ‘‘shall consult with’’ and inserting ‘‘shall seek the concur7 rence of’’. 

8 (b) EXTENSION OF AUTHORITY.—Paragraph (2) of 

9 such subsection is amended by striking ‘‘September 30, 

10 2006’’ and inserting ‘‘September 30, 2008’’. 

11 (c) ADDITIONAL GOVERNMENTS ELIGIBLE TO RE12 CEIVE SUPPORT.—Subsection (b) of such section 1033, as 

13 so amended, is further amended by adding at the end the 

14 following new paragraphs: 

15 ‘‘(10) The Government of Azerbaijan. 

16 ‘‘(11) The Government of Kazakhstan. 

17 ‘‘(12) The Government of Kyrgyzstan. 

18 ‘‘(13) The Government of Armenia. 

19 ‘‘(14) The Government of Niger. 

20 ‘‘(15) The Government of Mauritania. 

21 ‘‘(16) The Government of Mali. 

22 ‘‘(17) The Government of Chad. 

23 ‘‘(18) The Government of Indonesia. 

24 ‘‘(19) The Government of Philippines. 

25 ‘‘(20) The Government of Thailand. 


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1 ‘‘(21) The Government of Malaysia. 

2 ‘‘(22) The Government of Guatemala. 

3 ‘‘(23) The Government of Belize. 

4 ‘‘(24) The Government of Panama.’’. 

5 (d) TYPES OF SUPPORT.—Subsection (c)(2) of such 

6 section 1033, as so amended, is further amended by in7 serting ‘‘, vehicles, and aircraft, and detection, intercep8 tion, monitoring, and testing equipment’’ after ‘‘patrol 

9 boats’’. 

10 (e) MAXIMUM ANNUAL AMOUNT OF SUPPORT.—Sub11 section (e)(2) of such section 1033, as so amended, is fur12 ther amended— 

13 (1) by striking ‘‘or $40,000,000’’ and inserting 

14 ‘‘$40,000,000’’; and 

15 (2) by inserting before the period at the end the 

16 following: ‘‘, or $80,000,000 during any of the fiscal 

17 years 2007 through 2008’’. 

18 (f) ANNUAL REPORT ON SUPPORT PROVIDED TO AD19 DITIONAL GOVERNMENTS.—Such section 1033 is further 

20 amended by adding at the end the following new sub21 section: 

22 ‘‘(i) ANNUAL REPORT ON SUPPORT PROVIDED TO

23 CERTAIN GOVERNMENTS.—Not later than November 30 

24 each year through 2008, the Secretary of Defense shall 

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1 prehensive report on the support provided under this sec2 tion during the preceding fiscal year to each government 

3 referred to in paragraphs (10) through (24) of subsection 

4 (b).’’. 

5 Subtitle D—Defense Intelligence 

6 and Related Matters 

7 SEC. 1031. TWO-YEAR EXTENSION OF AUTHORITY TO EN8 GAGE IN COMMERCIAL ACTIVITIES AS SECU9 RITY FOR INTELLIGENCE COLLECTION AC10 TIVITIES. 

11 Section 431(a) of title 10, United States Code, is 

12 amended by striking ‘‘December 31, 2006’’ and inserting 

13 ‘‘December 31, 2008’’. 

14 SEC. 1032. ANNUAL REPORT ON INTELLIGENCE OVERSIGHT 

15 ACTIVITIES OF THE DEPARTMENT OF DE16 FENSE. 

17 (a) ANNUAL REPORT REQUIRED.—Not later than 

18 March 1, 2007, and annually thereafter, the Secretary of 

19 Defense shall submit to the congressional defense commit20 tees and the congressional intelligence committees a report 

21 on the intelligence oversight activities of the Department 

22 of Defense during the previous calendar year. 

23 (b) ELEMENTS.—Each report under subsection (a) 

24 shall include, for the calendar year covered by such report, 

25 the following: 


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1 (1) A description of any questionable intel2 ligence activity that came to the attention of any 

3 General Counsel or Inspector General within the De4 partment of Defense, or the Under Secretary of De5 fense for Intelligence, and a description of the ac6 tions taken by such official with respect to such ac7 tivity. 

8 (2) A description of the results of intelligence 

9 oversight inspections undertaken by each of the fol10 lowing: 

11 (A) The Office of the Secretary of Defense. 

12 (B) Each military department. 

13 (C) Each combat support agency. 

14 (D) Each field operating agency. 

15 (3) A description of any changes made in— 

16 (A) any program for the intelligence over17 sight activities of the Department of Defense, 

18 including any training program; or 

19 (B) any published directive or policy 

20 memoranda on the intelligence or intelligence21 related activities of— 

22 (i) any military department; 

23 (ii) any combat support agency; or 

24 (iii) any field operating agency. 

25 (c) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘combat support agency’’ has the 

2 meaning given that term in section 193(f) of title 

3 10, United States Code. 

4 (2) The term ‘‘congressional intelligence com5 mittees’’ has the meaning given that term in section 

6 3(7) of the National Security Act of 1947 (50 

7 U.S.C. 401a(7)). 

8 (3) The term ‘‘field operating agency’’ means a 

9 specialized subdivision of the Department of Defense 

10 that carries out activities under the operational con11 trol of the Department. 

12 (4) The term ‘‘intelligence oversight activities of 

13 the Department of Defense’’ refers to any activity 

14 undertaken by an agency, element, or component of 

15 the Department of Defense to ensure compliance 

16 with regard to requirements or instructions on the 

17 intelligence and intelligence-related activities of the 

18 Department under law or any Executive order or 

19 Presidential directive (including Executive Order No. 

20 12333). 

21 (5) The term ‘‘questionable intelligence activ22 ity’’ means an intelligence or intelligence-related ac23 tivity of the Department of Defense that may violate 

24 the law or any Executive order or Presidential direc25 tive (including Executive Order No. 12333). 


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1 SEC. 1033. ADMINISTRATION OF PILOT PROJECT ON CIVIL2 IAN LINGUIST RESERVE CORPS. 

3 (a) TRANSFER OF ADMINISTRATION TO SECRETARY

4 OF DEFENSE.— 

5 (1) IN GENERAL.—Administration of the pilot 

6 project on the establishment of a Civilian Linguist 

7 Reserve Corps required by section 613 of the Intel8 ligence Authorization Act for Fiscal Year 2005 

9 (Public Law 108–487; 118 Stat. 3959; 50 U.S.C. 

10 403–1b note) is hereby transferred from the Direc11 tor of National Intelligence to the Secretary of De12 fense. 

13 (2) CONFORMING AMENDMENTS.—Section 613 

14 of the Intelligence Authorization Act for Fiscal Year 

15 2005 is amended— 

16 (A) by striking ‘‘Director of National Intel17 ligence’’ each place it appears and inserting 

18 ‘‘Secretary of Defense’’; and 

19 (B) by striking ‘‘Director’’ each place it 

20 appears and inserting ‘‘Secretary’’. 

21 (b) DISCHARGE OF PROJECT.—Subsection (a) of 

22 such section is further amended by adding at the end the 

23 following new sentence: ‘‘The Secretary shall carry out the 

24 pilot project through the National Security Education 

25 Program.’’. 


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1 (c) REPEAL OF SPECIFICATION OF DURATION OF

2 PROJECT.—Such section is further amended— 

3 (1) by striking subsection (c); and 

4 (2) by redesignating subsections (d) and (e) as 

5 subsections (c) and (d), respectively. 

6 (d) MODIFICATION OF REPORT REQUIREMENTS.— 

7 Subsection (d) of such section, as redesignated by sub8 section (b) of this section, is further amended— 

9 (1) in paragraph (1), by striking ‘‘an initial and 

10 a final report’’ and inserting ‘‘a report’’; 

11 (2) in paragraph (2), by striking ‘‘Each report’’ 

12 and inserting ‘‘The report’’; and 

13 (3) in paragraph (3), by striking ‘‘final report’’ 

14 and inserting ‘‘report required under paragraph 

15 (1)’’. 

16 (e) REPEAL OF SUPERSEDED AUTHORIZATION.— 

17 Such section is further amended by striking subsection (f). 

18 SEC. 1034. IMPROVEMENT OF AUTHORITIES ON THE NA19 TIONAL SECURITY EDUCATION PROGRAM. 

20 (a) EXPANSION OF EMPLOYMENT CREDITABLE

21 UNDER SERVICE AGREEMENTS.—Paragraph (2) of sub22 section (b) of section 802 of the David L. Boren National 

23 Security Education Act of 1991 (50 U.S.C. 1902) is 

24 amended to read as follows: 


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1 ‘‘(2)(A) will (in accordance with regulations 

2 prescribed by the Secretary of Defense in coordina3 tion with the heads of the other Federal depart4 ments and agencies concerned) begin work not later 

5 than three years after the recipient’s completion of 

6 degree study during which scholarship assistance 

7 was provided under the program— 

8 ‘‘(i) for not less than one year in a position 

9 certified by the Secretary of Defense, in coordi10 nation with the Director of National Intel11 ligence, the Secretary of Homeland Security, 

12 and the Secretary of State (as appropriate), as 

13 contributing to the national security of the 

14 United States in the Department of Defense, 

15 any element of the intelligence community, the 

16 Department of Homeland Security, or the De17 partment of State; 

18 ‘‘(ii) for not less than one year in a posi19 tion in a Federal agency or office that is identi20 fied by the Secretary of Defense under sub21 section (g) as having national security respon22 sibilities if the recipient demonstrates to the 

23 Secretary that no position is available in the de24 partments and agencies covered by clause (i); or 


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1 ‘‘(iii) for not less than one academic year 

2 in a position in the field of education in a dis3 cipline related to the study supported by the 

4 program if the recipient demonstrates to the 

5 Secretary of Defense that no position is avail6 able in the departments, agencies, and offices 

7 covered by clauses (i) and (ii); or 

8 ‘‘(B) will (in accordance with such regulations) 

9 begin work not later than two years after the recipi10 ent’s completion or termination of study for which 

11 fellowship assistance was provided under the pro12 gram— 

13 ‘‘(i) for not less than one year in a position 

14 certified by the Secretary of Defense, in coordi15 nation with the Director of National Intel16 ligence, the Secretary of Homeland Security, 

17 and the Secretary of State (as appropriate), as 

18 contributing to the national security of the 

19 United States in the Department of Defense, 

20 any element of the intelligence community, the 

21 Department of Homeland Security, or the De22 partment of State; 

23 ‘‘(ii) for not less than one year in a posi24 tion in a Federal agency or office that is identi25 fied by the Secretary of Defense under subVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00391 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 section (g) as having national security respon2 sibilities if the recipient demonstrates to the 

3 Secretary that no position is available in the de4 partments and agencies covered by clause (i); or 

5 ‘‘(iii) for not less than one academic year 

6 in a position in the field of education in a dis7 cipline related to the study supported by the 

8 program if the recipient demonstrates to the 

9 Secretary of Defense that no position is avail10 able in the departments, agencies, and offices 

11 covered by clauses (i) and (ii); and’’. 

12 (b) TEMPORARY EMPLOYMENT AND RETENTION OF

13 CERTAIN PARTICIPANTS.—Such section is further amend14 ed— 

15 (1) by redesignating subsections (h) and (i) as 

16 subsections (i) and (j), respectively; and 

17 (2) by inserting after subsection (g) the fol18 lowing new subsection (h): 

19 ‘‘(h) TEMPORARY EMPLOYMENT AND RETENTION OF

20 CERTAIN PARTICIPANTS.— 

21 ‘‘(1) IN GENERAL.—The Secretary of Defense 

22 may— 

23 ‘‘(A) appoint or retain a person provided 

24 scholarship or fellowship assistance under the 

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1 fense on an interim basis during the period of 

2 the person’s pursuit of a degree under the pro3 gram and for a period not to exceed two years 

4 after completion of the degree, but only if, in 

5 the case of the period after completion of the 

6 degree— 

7 ‘‘(i) there is no appropriate perma8 nent position for the person under sub9 section (b)(2)(A); and 

10 ‘‘(ii) there is an active and ongoing ef11 fort to identify and assign the person to an 

12 appropriate permanent position as soon as 

13 possible; and 

14 ‘‘(B) if there is no appropriate permanent 

15 position available for the person after the end 

16 of the periods described in subparagraph (A), 

17 separate the person from employment with the 

18 Department without regard to any other provi19 sion of law, in which event the service agree20 ment of the person under subsection (b) shall 

21 terminate. 

22 ‘‘(2) TREATMENT OF CERTAIN SERVICE.—The 

23 period of service of a person covered by paragraph 

24 (1) in a position on an interim basis under that 

25 paragraph shall, after completion of the degree, be 


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1 treated as a period of service for purposes of satis2 fying the obligated service requirements of the per3 son under the service agreement of the person under 

4 subsection (b).’’. 

5 (c) PLAN FOR IMPROVING PROGRAM.—Not later than 

6 90 days after the date of the enactment of this Act, the 

7 Secretary of Defense shall submit to Congress a plan for 

8 improving the recruitment, placement, and retention with9 in the Department of Defense of individuals who receive 

10 scholarships or fellowships under the David L. Boren Na11 tional Security Education Act of 1991 (50 U.S.C. 1901 

12 et seq.) in order to facilitate the purposes of that Act in 

13 meeting the requirements of the Department in acquiring 

14 individuals with critical foreign language skills and indi15 viduals who are regional experts. 

16 Subtitle E—Defense Against Ter17 rorism and Related Security 

18 Matters 

19 SEC. 1041. ENHANCEMENT OF AUTHORITY TO PAY MONE20 TARY REWARDS FOR ASSISTANCE IN COM21 BATING TERRORISM. 

22 Section 127b(c) of title 10, United States Code, is 

23 amended— 

24 (1) in paragraph (1)(B), by inserting ‘‘, or to 

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1 ignated by the commander of the combatant com2 mand and approved by an Under Secretary of De3 fense to whom such authority is delegated under 

4 subparagraph (A),’’ after ‘‘combatant command’’; 

5 and 

6 (2) in paragraph (2), by striking ‘‘$2,500’’ and 

7 inserting ‘‘$10,000’’. 

8 SEC. 1042. USE OF THE ARMED FORCES IN MAJOR PUBLIC 

9 EMERGENCIES. 

10 (a) USE OF THE ARMED FORCES AUTHORIZED.— 

11 (1) IN GENERAL.—Section 333 of title 10, 

12 United States Code, is amended to read as follows: 

13 ‘‘§ 333. Major public emergencies; interference with 

14 State and Federal law 

15 ‘‘(a) USE OF ARMED FORCES IN MAJOR PUBLIC

16 EMERGENCIES.—(1) The President may employ the 

17 armed forces, including the National Guard in Federal 

18 service, to— 

19 ‘‘(A) restore public order and enforce the laws 

20 of the United States when, as a result of a natural 

21 disaster, epidemic, or other serious public health 

22 emergency, terrorist attack or incident, or other con23 dition in any State or possession of the United 

24 States, the President determines that— 


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1 ‘‘(i) domestic violence has occurred to such 

2 an extent that the constituted authorities of the 

3 State or possession are incapable of maintain4 ing public order; and 

5 ‘‘(ii) such violence results in a condition 

6 described in paragraph (2); or 

7 ‘‘(B) suppress, in a State, any insurrection, do8 mestic violence, unlawful combination, or conspiracy 

9 if such insurrection, violation, combination, or con10 spiracy results in a condition described in paragraph 

11 (2). 

12 ‘‘(2) A condition described in this paragraph is a con13 dition that— 

14 ‘‘(A) so hinders the execution of the laws of a 

15 State or possession, as applicable, and of the United 

16 States within that State or possession, that any part 

17 or class of its people is deprived of a right, privilege, 

18 immunity, or protection named in the Constitution 

19 and secured by law, and the constituted authorities 

20 of that State or possession are unable, fail, or refuse 

21 to protect that right, privilege, or immunity, or to 

22 give that protection; or 

23 ‘‘(B) opposes or obstructs the execution of the 

24 laws of the United States or impedes the course of 

25 justice under those laws. 


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1 ‘‘(3) In any situation covered by paragraph (1)(B), 

2 the State shall be considered to have denied the equal pro3 tection of the laws secured by the Constitution. 

4 ‘‘(b) NOTICE TO CONGRESS.—The President shall 

5 notify Congress of the determination to exercise the au6 thority in subsection (a)(1)(A) as soon as practicable after 

7 the determination and every 14 days thereafter during the 

8 duration of the exercise of the authority.’’. 

9 (2) PROCLAMATION TO DISPERSE.—Section 334 

10 of such title is amended by inserting ‘‘or those ob11 structing the enforcement of the laws’’ after ‘‘insur12 gents’’. 

13 (3) HEADING AMENDMENT.—The heading of 

14 such 15 of such title is amended to read as follows: 

15 ‘‘CHAPTER 15—ENFORCEMENT OF THE 

16 LAWS TO RESTORE PUBLIC ORDER’’. 

17 (4) CLERICAL AMENDMENTS.—(A) The table of 

18 chapters at the beginning of subtitle A of title 10, 

19 United States Code, and at the beginning of part I 

20 of such subtitle, are each amended by striking the 

21 item relating to chapter 15 and inserting the fol22 lowing new item: 

‘‘15. Enforcement of the Laws to Restore Public Order ..... 331’’. 

23 (B) The table of sections at the beginning of 

24 chapter 15 of such title is amended by striking the 


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1 item relating to sections 333 and inserting the fol2 lowing new item: 

‘‘333. Major public emergencies; interference with State and Federal law.’’. 

3 (b) PROVISION OF SUPPLIES, SERVICES, AND EQUIP4 MENT.— 

5 (1) IN GENERAL.—Chapter 152 of such title is 

6 amended by adding at the end the following new sec7 tion: 

8 ‘‘§ 2567. Provision of supplies, services, and equip9 ment in major public emergencies 

10 ‘‘(a) PROVISION AUTHORIZED.—In any situation in 

11 which the President determines to exercise the authority 

12 in section 333(a)(1)(A) of this title, the President may 

13 direct the Secretary of Defense to provide supplies, serv14 ices, and equipment to persons affected by the situation. 

15 ‘‘(c) COVERED SUPPLIES, SERVICES, AND EQUIP16 MENT.—The supplies, services, and equipment provided 

17 under this section may include food, water, utilities, bed18 ding, transportation, tentage, search and rescue, medical 

19 care, minor repairs, the removal of debris, and other as20 sistance necessary for the immediate preservation of life 

21 and property. 

22 ‘‘(c) LIMITATIONS.—(1) Supplies, services, and 

23 equipment may be provided under this section— 

24 ‘‘(A) only to the extent that the constituted au25 thorities of the State or possession concerned are 


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1 unable to provide such supplies, services, and equip2 ment, as the case may be; and 

3 ‘‘(B) only until such authorities, or other de4 partments or agencies of the United States charged 

5 with the provision of such supplies, services, and 

6 equipment, are able to provide such supplies, serv7 ices, and equipment. 

8 ‘‘(2) The Secretary may provide supplies, services, 

9 and equipment under this section only to the extent that 

10 the Secretary determines that doing so will not interfere 

11 with military preparedness or ongoing military operations 

12 or functions. 

13 ‘‘(d) INAPPLICABILITY OF CERTAIN AUTHORITIES.— 

14 The provision of supplies, services, or equipment under 

15 this section shall not be subject to the provisions of section 

16 403(c) of the Robert T. Stafford Disaster Relief and 

17 Emergency Assistance Act (42 U.S.C. 5170b(c)).’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of such chapter is amended 

20 by adding at the end the following new item: 

‘‘2567. Provision of supplies, services, and equipment in major public emergencies.’’. 

21 (c) CONFORMING AMENDMENTS.—Section 12304(c) 

22 of such title is amended— 

23 (1) by striking paragraph (1); and 


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1 (2) by redesignating paragraphs (2) and (3) as 

2 paragraphs (1) and (2), respectively. 

3 SEC. 1043. TREATMENT UNDER FREEDOM OF INFORMA4 TION ACT OF CERTAIN CONFIDENTIAL IN5 FORMATION SHARED WITH STATE AND 

6 LOCAL PERSONNEL. 

7 Confidential business information and other sensitive 

8 but unclassified homeland security information in the pos9 session of the Department of Defense that is shared, pur10 suant to section 892 of the Homeland Security Act of 

11 2002 (6 U.S.C. 482), with State and local personnel in12 volved in the prevention, interdiction, or disruption of, or 

13 response to, terrorist activity shall not be subject to disclo14 sure under section 552 of title 5, United States Code 

15 (commonly referred to as the ‘‘Freedom of Information 

16 Act’’), by virtue of the sharing of such information with 

17 such personnel. 


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1 Subtitle F—Miscellaneous Authori2 ties on Availability and Use of 

3 Funds 

4 SEC. 1051. ACCEPTANCE AND RETENTION OF REIMBURSE5 MENT FROM NON-FEDERAL SOURCES TO DE6 FRAY DEPARTMENT OF DEFENSE COSTS OF 

7 CONFERENCES. 

8 (a) IN GENERAL.—Subchapter II of chapter 134 of 

9 title 10, United States Code, is amended by adding at the 

10 end the following new section: 

11 ‘‘§ 2262. Department of Defense conferences: collec12 tion of fees to cover Department of De13 fense costs 

14 ‘‘(a) IN GENERAL.—(1) The Secretary of Defense 

15 may, whether directly or by contract, collect fees from any 

16 individual or commercial participant in a conference, sem17 inar, exhibition, symposium, or similar meeting (in this 

18 section referred to collectively as a ‘conference’) conducted 

19 by the Department of Defense. 

20 ‘‘(2) Fees may be collected with respect to a con21 ference under this subsection in advance of the conference. 

22 ‘‘(3) The total amount of fees collected under this 

23 subsection with respect to a conference may not exceed 

24 the costs of the Department of Defense with respect to 

25 the conference. 


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1 ‘‘(b) TREATMENT OF COLLECTIONS.—(1) Amounts 

2 collected under subsection (a) with respect to a conference 

3 shall be credited to the appropriation or account from 

4 which the costs of the conference are paid. 

5 ‘‘(2) In the event the total amount of fees collected 

6 with respect to a conference exceeds the costs of the De7 partment with respect to the conference, the amount of 

8 such excess shall be deposited into the Treasury as mis9 cellaneous receipts. 

10 ‘‘(3) Amounts credited to an appropriation or account 

11 under paragraph (1) with respect to a conference shall be 

12 available to pay the costs of the Department with respect 

13 to the conference or to reimburse the Department for costs 

14 incurred with respect to the conference. 

15 ‘‘(c) ANNUAL REPORTS.—(1) Each year, not later 

16 than 45 days after the President submits to Congress the 

17 budget for a fiscal year under section 1105 of title 31, 

18 the Secretary shall submit to the congressional defense 

19 committees budget justification documents summarizing 

20 the use of the authority under this section. 

21 ‘‘(2) Each report under this subsection shall include 

22 the following: 

23 ‘‘(A) A list of conferences during the last two 

24 calendar years for which fees were collected under 

25 subsection (a). 


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1 ‘‘(B) For each conference listed under subpara2 graph (A)— 

3 ‘‘(i) The estimated costs of the Depart4 ment for such conference. 

5 ‘‘(ii) The actual costs of the Department 

6 for such conference, including a separate state7 ment of the amount of any conference coordi8 nator fees associated with such conference. 

9 ‘‘(iii) The amount for collected under sub10 section (a) for such conference. 

11 ‘‘(C) An estimate of the number of conferences 

12 to be conducted in the calendar year of such report 

13 for which the Department will collect fees under sub14 section (a).’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of subchapter II of chapter 134 of such 

17 title is amended by adding at the end the following new 

18 item: 

‘‘2262. Department of Defense conferences: collection of fees to cover Department of Defense costs.’’. 

19 SEC. 1052. MINIMUM ANNUAL PURCHASE AMOUNTS FOR 

20 AIRLIFT FROM CARRIERS PARTICIPATING IN 

21 THE CIVIL RESERVE AIR FLEET. 

22 (a) IN GENERAL.—Chapter 931 of title 10, United 

23 States Code, is amended by adding at the end the fol24 lowing new section: 


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1 ‘‘§ 9515. Airlift services: minimum annual purchase 

2 amount for carriers participating in Civil 

3 Reserve Air Fleet 

4 ‘‘(a) IN GENERAL.—The Secretary of Defense may 

5 award to air carriers participating in the Civil Reserve Air 

6 Fleet on a fiscal year basis a one-year contract for airlift 

7 services with a minimum purchase amount determined in 

8 accordance with this section. 

9 ‘‘(b) MINIMUM PURCHASE AMOUNT.—(1) The aggre10 gate amount of the minimum purchase amount for all con11 tracts awarded under subsection (a) for a fiscal year shall 

12 be based on forecast needs, but may not exceed the 

13 amount equal to 80 percent of the annual average expendi14 ture of the Department of Defense for airlift during the 

15 five-fiscal year period ending in the fiscal year before the 

16 fiscal year for which such contracts are awarded. 

17 ‘‘(2) In calculating the annual average expenditure 

18 of the Department of Defense for airlift for purposes of 

19 paragraph (1), the Secretary of Defense may omit from 

20 the calculation any fiscal year exhibiting unusually high 

21 demand for airlift if the Secretary determines that the 

22 omission of such fiscal year from the calculation will result 

23 in a more accurate forecast of anticipated airlift for pur24 poses of that paragraph. 

25 ‘‘(3) The aggregate amount of the minimum purchase 

26 amount for all contracts awarded under subsection (a) for 


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1 a fiscal year, as determined under paragraph (1), shall 

2 be allocated among all carriers awarded contracts under 

3 that subsection for such fiscal year in proportion to the 

4 commitments of such carriers to the Civil Reserve Air 

5 Fleet for such fiscal year. 

6 ‘‘(c) ADJUSTMENT TO MINIMUM PURCHASE AMOUNT

7 FOR PERIODS OF UNAVAILABILITY OF AIRLIFT.—In de8 termining the minimum purchase amount payable under 

9 a contract under subsection (a) for airlift provided by a 

10 carrier during the fiscal year covered by such contract, 

11 the Secretary of Defense may adjust the amount allocated 

12 to the carrier under subsection (b)(3) to take into account 

13 periods during such fiscal year when services of the carrier 

14 are unavailable for usage by the Department of Defense, 

15 including during periods of refused business or suspended 

16 operations or when the carrier is placed in nonuse status 

17 pursuant to section 2640 of this title for safety issues. 

18 ‘‘(d) DISTRIBUTION OF AMOUNTS.—If any amount 

19 available under this section for the minimum purchase of 

20 airlift from a carrier for a fiscal year under a contract 

21 under subsection (a) is not utilized to purchase airlift from 

22 the carrier in such fiscal year, such amount shall be pro23 vided to the carrier prior to the first day of the following 

24 fiscal year. 


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1 ‘‘(e) TRANSFER OF FUNDS.—At the beginning of 

2 each fiscal year, the Secretary of each military department 

3 shall transfer to the transportation working capital fund 

4 a percentage of the total amount anticipated to be re5 quired in such fiscal year for payment of minimum pur6 chase amounts under all contracts awarded under sub7 section (a) for such fiscal year equivalent to the percent8 age of the anticipated use of airlift by such military de9 partment during such fiscal year from all carriers under 

10 contracts awarded under subsection (a) for such fiscal 

11 year. 

12 ‘‘(f) AVAILABILITY OF AIRLIFT.—(1) From the total 

13 amount of airlift available for a fiscal year under all con14 tracts awarded under subsection (a) for such fiscal year, 

15 a military department shall be entitled to obtain a percent16 age of such airlift equivalent to the percentage of the con17 tribution of the military department to the transportation 

18 working capital fund for such fiscal year under subsection 

19 (e). 

20 ‘‘(2) A military department may transfer any entitle21 ment to airlift under paragraph (1) to any other military 

22 department or to any other agency, element, or component 

23 of the Department of Defense.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of chapter 931 of such title is amended 

3 by adding at the end the following new item: 

‘‘9515. Airlift services: minimum annual purchase amount for carriers participating in Civil Reserve Air Fleet.’’. 

4 SEC. 1053. INCREASED FLEXIBILITY IN USE OF FUNDS FOR 

5 JOINT STAFF EXERCISES. 

6 (a) IN GENERAL.—Amounts available to the Chair7 man of the Joint Chiefs of Staff for joint staff exercises 

8 may be available for any expenses as follows: 

9 (1) Expenses of the Armed Forces in connec10 tion with such exercises, including expense relating 

11 to self-deploying watercraft under the jurisdiction of 

12 a military department. 

13 (2) Expenses relating to the costs of port sup14 port activities in connection with such exercises, in15 cluding transportation and port handling. 

16 (3) Expenses relating to the breakout and oper17 ation of prepositioned watercraft and lighterage for 

18 joint logistics and over the shore exercises in connec19 tion with such exercises. 

20 (b) SUPPLEMENT NOT SUPPLANT.—Any amounts 

21 made available by the Chairman of the Joint Chiefs of 

22 Staff under subsection (a) for expenses covered by that 

23 subsection are in addition to any other amounts available 

24 under law for such expenses. 


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1 Subtitle G—Report Matters 

2 SEC. 1061. REPORT ON CLARIFICATION OF PROHIBITION 

3 ON CRUEL, INHUMAN, OR DEGRADING 

4 TREATMENT OR PUNISHMENT. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) It is critical that members of the Armed 

8 Forces have clear guidelines about the legality of in9 terrogation techniques as they seek critical intel10 ligence in the War on Terrorism. 

11 (2) To avoid confusion, any determination made 

12 about the legality of various interrogation techniques 

13 must be consistent across the United States Govern14 ment. 

15 (3) Confusion continues about the permissibility 

16 of various interrogation techniques, even after the 

17 enactment of the Detainee Treatment Act of 2005 

18 (title X of division A of Public Law 109–148). 

19 (4) In testimony before the Senate and in writ20 ten response to queries from the Senate, senior mili21 tary commanders, Judge Advocates General of the 

22 Armed Forces, and various civilian officials of the 

23 Executive Branch have given incomplete or varying 

24 answers to questions on what constitutes cruel, inhu25 man, or degrading treatment. 


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1 (5) It is critical to clarify these matters in order 

2 to ensure that members of the Armed Forces do not 

3 receive unclear or misleading guidance on such mat4 ters. 

5 (b) REPORT.—Not later than 90 days after the date 

6 of the enactment of this Act, the President shall submit 

7 to the congressional defense committees a report setting 

8 forth the coordinated and definitive legal opinion of the 

9 United States Government on whether each of the fol10 lowing interrogation techniques constitutes cruel, inhu11 man, or degrading treatment or punishment (as defined 

12 in section 1002(d) of the Detainee Treatment Act of 2006 

13 (as defined in the Detainee Treatment Act of 2005 (119 

14 Stat. 2740; 42 U.S.C. 2000dd(d)): 

15 (1) Waterboarding, or any other technique 

16 using water, bags, or other devices or substances to 

17 induce a sensation of drowning or asphyxiation. 

18 (2) Sleep deprivation, including, at a minimum, 

19 depriving a prisoner of sleep for 24 hours or more 

20 or permitting five or less hours of sleep per day over 

21 a period of three or more days. 

22 (3) Stress positions, including the use of any 

23 technique in which a prisoner is placed or shackled 

24 in a painful or awkward position (including pro25 longed standing or crouching, shackling arms above 


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1 the head for prolonged periods, or the use of shack2 les or handcuffs in a manner which causes pain due 

3 to the swelling of tissue over a prolonged period of 

4 time). 

5 (4) The use of extreme temperatures as an aid 

6 to interrogation. 

7 (5) The use of beatings, slapping, or violent 

8 shaking. 

9 (6) The use of dogs as an aid to interrogation. 

10 (7) The use of nakedness or other forms of sex11 ual humiliation as an aid to interrogation. 

12 (c) ELEMENTS.—The report under subsection (b) 

13 shall state, for each interrogation technique listed in that 

14 subsection, the following 

15 (1) Whether the technique would constitute 

16 cruel and unusual punishment under the Constitu17 tion of the United States if used on a United States 

18 citizen within the United States. 

19 (2) Whether the technique would constitute 

20 cruel and unusual punishment under the Constitu21 tion of the United States if used on a United States 

22 citizen outside the United States. 

23 (3) Whether the technique would be legal if 

24 used to interrogate a member of the Armed Forces 


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1 of the United States by a state party to the Geneva 

2 Conventions. 

3 (4) Whether the technique would be legal if 

4 used to interrogate a United States citizen by a 

5 state party to the Convention Against Torture and 

6 Other Cruel, Inhuman or Degrading Treatment or 

7 Punishment. 

8 (d) CERTIFICATION ON NATURE OF OPINIONS.—The 

9 report under subsection (b) shall include a certification 

10 that the legal opinions set forth in the report are the co11 ordinated and definitive opinion of the United States Gov12 ernment binding on all departments and agencies of the 

13 United States Government, any personnel of such depart14 ments and agencies, and any contractors of such depart15 ments and agencies. 

16 (e) DISSEMINATION OF OPINIONS.— 

17 (1) IN GENERAL.—The President shall ensure 

18 the dissemination of the legal opinions set forth in 

19 the report to all departments and agencies of the 

20 United States Government, together with the in21 struction that such opinions be further disseminated 

22 to all personnel of such departments and agencies 

23 and all contractors of such departments and agen24 cies. 


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1 (2) CERTIFICATION ON DISSEMINATION.—The 

2 report shall include a certification regarding compli3 ance with the requirement in paragraph (1). 

4 (f) DEFINITIONS.—In this section: 

5 (1) The term ‘‘Convention Against Torture and 

6 Other Cruel, Inhuman or Degrading Treatment or 

7 Punishment’’ means the Convention Against Torture 

8 and Other Cruel, Inhuman or Degrading Treatment 

9 or Punishment, done at New York, December 10, 

10 1984, and entering into force June 26, 1987 (T. 

11 Doc. 100–20). 

12 (2) The term ‘‘Geneva Conventions’’ means— 

13 (A) the Convention for the Amelioration of 

14 the Condition of the Wounded and Sick in 

15 Armed Forces in the Field, done at Geneva Au16 gust 12, 1949 (6 UST 3114); 

17 (B) the Convention for the Amelioration of 

18 the Condition of the Wounded, Sick, and Ship19 wrecked Members of Armed Forces at Sea, 

20 done at Geneva August 12, 1949 (6 UST 

21 3217); 

22 (C) the Convention Relative to the Treat23 ment of Prisoners of War, done at Geneva Au24 gust 12, 1949 (6 UST 3316); and 


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1 (D) the Convention Relative to the Protec2 tion of Civilian Persons in Time of War, done 

3 at Geneva August 12, 1949 (6 UST 3516). 

4 SEC. 1062. REPORTS ON MEMBERS OF THE ARMED FORCES 

5 AND CIVILIAN EMPLOYEES OF THE DEPART6 MENT OF DEFENSE SERVING IN THE LEGIS7 LATIVE BRANCH. 

8 (a) MONTHLY REPORTS ON DETAILS AND FELLOW9 SHIPS OF LONG DURATION.—Not later than 120 days 

10 after the date of the enactment of this Act, and monthly 

11 thereafter, the Secretary of Defense shall submit to the 

12 congressional defense committees a report on the members 

13 of the Armed Forces and civilian employees of the Depart14 ment of Defense who, as of the date of such report, have 

15 served continuously in the Legislative Branch for more 

16 than 12 consecutive months in one or a combination of 

17 covered legislative details or fellowships. 

18 (b) REPORTS ON CERTAIN MILITARY DETAILS AND

19 FELLOWSHIPS.—If a member of the Armed Forces is as20 signed to a covered legislative detail or fellowship as the 

21 last tour of duty of such member before retirement or sep22 aration from the Armed Forces in contravention of the 

23 regulations of the Department of Defense, the Secretary 

24 shall submit to the congressional defense committees a re25 port on the assignment of such member to such covered 


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1 legislative detail or fellowship. The report shall include a 

2 rationale for the waiver of the regulations of the Depart3 ment in order to permit the detail or fellowship. 

4 (c) REPORT ELEMENTS.—Each report under sub5 section (a) or (b) shall set forth, for each member of the 

6 Armed Forces or civilian employee covered of the Depart7 ment of Defense covered by such report, the following: 

8 (1) The name of such member or employee. 

9 (2) In the case of a member, the Armed Force 

10 of such member. 

11 (3) The committee or member of Congress to 

12 which such member or employee is detailed or as13 signed. 

14 (4) A general description of the projects or 

15 tasks undertaken or to be undertaken, as applicable, 

16 by such member or employee as a detailee, fellow, or 

17 both. 

18 (5) The anticipated termination date of the cur19 rent detail or fellowship of such member or em20 ployee. 

21 (d) COVERED LEGISLATIVE DETAIL OR FELLOWSHIP

22 DEFINED.—In this section, the term ‘‘covered legislative 

23 detail or fellowship’’ means the following: 

24 (1) A detail under the provisions of Department 

25 of Defense Directive 1000.17. 


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1 (2) A legislative fellowship (including a legisla2 tive fellowship under the provisions of Department 

3 of Defense Directive 1322.6). 

4 SEC. 1063. ADDITIONAL ELEMENT IN ANNUAL REPORT ON 

5 CHEMICAL AND BIOLOGICAL WARFARE DE6 FENSE. 

7 Section 1703(b) of the National Defense Authoriza8 tion Act for Fiscal Year 1994 (50 U.S.C. 1523(b)) is 

9 amended by adding at the end the following new para10 graph: 

11 ‘‘(10) A description of the coordination and in12 tegration of the program of the Defense Advanced 

13 Research Projects Agency (DARPA) on basic and 

14 applied research and advanced technology develop15 ment on chemical and biological warfare defense 

16 technologies and systems under section 1701(c)(2) 

17 with the overall program of the Department of De18 fense on chemical and biological warfare defense, in19 cluding— 

20 ‘‘(A) the degree to which the program of 

21 the Defense Advanced Research Projects Agen22 cy supports the objectives and requirements of 

23 the program of the Department of Defense; and 

24 ‘‘(B) the means of determining the level of 

25 coordination and support provided by the proVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 gram of the Defense Advanced Research 

2 Projects Agency for the program of the Depart3 ment of Defense.’’. 

4 SEC. 1064. REPORT ON LOCAL BOARDS OF TRUSTEES OF 

5 THE ARMED FORCES RETIREMENT HOME. 

6 Not later than 30 days after the date of the enact7 ment of this Act, the Secretary of Defense shall submit 

8 to the congressional defense committees a report setting 

9 forth the following: 

10 (1) The current composition and activities of 

11 the Local Board of Trustees of the Armed Forces 

12 Retirement Home—Washington under section 1516 

13 of the Armed Forces Retirement Home Act of 1991 

14 (24 U.S.C. 416). 

15 (2) The current composition and activities of 

16 the Local Board of Trustees of the Armed Forces 

17 Retirement Home—Gulfport under section 1516 of 

18 such Act. 

19 SEC. 1065. REPEAL OF CERTAIN REPORT REQUIREMENTS. 

20 (a) ANNUAL REPORT ON AVIATION CAREER INCEN21 TIVE PAY.—Section 301a of title 37, United States Code, 

22 is amended by striking subsection (f). 

23 (b) ANNUAL REPORT ON EFFECTS OF CERTAIN INI24 TIATIVES ON RECRUITMENT AND RETENTION.— 


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1 (1) REPEAL.—Section 1015 of title 37, United 

2 States Code, is repealed. 

3 (2) CLERICAL AMENDMENT.—The table of sec4 tions at the beginning of chapter 19 of such title is 

5 amended by striking the item relating to section 

6 1015. 

7 (c) SECRETARY OF DEFENSE RECOMMENDATION ON

8 NEED FOR DEFENSE IMPACT REVIEW PROCESS.—Section 

9 1041 of the National Defense Authorization Act for Fiscal 

10 Year 2002 (Public Law 107–107; 115 Stat. 1217) is re11 pealed. 

12 (d) REPORT ON PILOT PROGRAM TO ENHANCE MILI13 TARY RECRUITING BY IMPROVING MILITARY AWARENESS

14 OF SCHOOL COUNSELORS AND EDUCATORS.—Section 564 

15 of the Floyd D. Spence National Defense Authorization 

16 Act for Fiscal Year 2001 (as enacted into law by Public 

17 Law 106–398 (114 Stat. 1654A–134); 10 U.S.C. 503 

18 note) is amended by striking subsection (c). 

19 (e) ANNUAL REPORT ON MEDICAL INFORMATICS.— 

20 Section 723(d) of the National Defense Authorization Act 

21 for Fiscal Year 2000 (10 U.S.C. 1071 note) is amended— 

22 (1) by striking paragraph (5); and 

23 (2) by redesignating paragraphs (6) and (7) as 

24 paragraphs (5) and (6), respectively. 


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1 (f) REPORT ON IMPOSITION OF ADDITIONAL

2 CHARGES OR FEES FOR ATTENDANCE AT CERTAIN ACAD3 EMIES.—Section 553(b) of the National Defense Author4 ization Act for Fiscal Year 1995 (Public Law 103–337; 

5 108 Stat. 2772; 10 U.S.C. 4331 note) is amended by 

6 striking the second sentence. 

7 Subtitle H—Technical and 

8 Conforming Amendments 

9 SEC. 1071. UNIFORM DEFINITION OF NATIONAL SECURITY 

10 SYSTEM FOR CERTAIN DEPARTMENT OF DE11 FENSE PURPOSES. 

12 (a) DEFENSE BUSINESS SYSTEMS.—Section 

13 2222(j)(6) of title 10, United States Code, is amended by 

14 striking ‘‘section 2315 of this title’’ and inserting ‘‘section 

15 3542(b)(2) of title 44’’. 

16 (b) INFORMATION TECHNOLOGY.—Section 

17 2223(c)(3) of such title is amended by striking ‘‘section 

18 11103 of title 40’’ and inserting ‘‘section 3542(b)(2) of 

19 title 44’’. 

20 (c) PROCUREMENT OF AUTOMATIC DATA PROC21 ESSING EQUIPMENT AND SERVICES.—The text of section 

22 2315 of such title is amended to read as follows: 

23 ‘‘For the purposes of subtitle III of title 40, the term 

24 ‘national security system’ has the meaning given that term 

25 in section 3542(b)(2) of title 44.’’. 


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1 SEC. 1072. CONFORMING AMENDMENT RELATING TO RE2 DESIGNATION OF DEFENSE COMMUNICA3 TIONS AGENCY AS DEFENSE INFORMATION 

4 SYSTEMS AGENCY. 

5 Paragraph (1) of section 193(f) of title 10, United 

6 States Code, is amended to read as follows: 

7 ‘‘(1) The Defense Information Systems Agen8 cy.’’. 

9 SEC. 1073. TECHNICAL AMENDMENT. 

10 Effective as of the date of the enactment of the Na11 tional Defense Authorization Act for Fiscal Year 2006 

12 (Public Law 109–163) and as if included in the enactment 

13 thereof, section 341(e) of such Act (119 Stat. 3199) is 

14 amended by striking ‘‘(a)(1)(E)’’ and inserting 

15 ‘‘(a)(1)(F)’’. 

16 Subtitle I—Other Matters 

17 SEC. 1081. NATIONAL FOREIGN LANGUAGE COORDINATION 

18 COUNCIL. 

19 (a) ESTABLISHMENT.— 

20 (1) IN GENERAL.—Effective on October 1, 

21 2006, there is established the National Foreign Lan22 guage Coordination Council (in this section referred 

23 to as the ‘‘Council’’). 

24 (2) INDEPENDENT ESTABLISHMENT.—The Na25 tional Foreign Language Coordination Council shall 


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1 be an independent establishment as defined under 

2 section 104 of title 5, United States Code. 

3 (b) MEMBERSHIP.—The Council shall consist of the 

4 following members or their designees: 

5 (1) The National Language Director, who shall 

6 serve as the chairperson of the Council. 

7 (2) The Secretary of Education. 

8 (3) The Secretary of Defense. 

9 (4) The Secretary of State. 

10 (5) The Secretary of Homeland Security. 

11 (6) The Attorney General. 

12 (7) The Director of National Intelligence. 

13 (8) The Secretary of Labor. 

14 (9) The Director of the Office of Personnel 

15 Management. 

16 (10) The Director of the Office of Management 

17 and Budget. 

18 (11) The Secretary of Commerce. 

19 (12) The Secretary of Health and Human Serv20 ices. 

21 (13) The Secretary of the Treasury. 

22 (14) The Secretary of Housing and Urban De23 velopment. 

24 (15) The Secretary of Agriculture. 


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1 (16) The Chairman and President of the Ex2 port-Import Bank of the United States. 

3 (17) The heads of such other Federal agencies 

4 as the Council considers appropriate. 

5 (c) RESPONSIBILITIES.— 

6 (1) IN GENERAL.—The Council shall be 

7 charged with— 

8 (A) developing a national foreign language 

9 strategy, within 18 months of the date of the 

10 enactment of this Act, in consultation with— 

11 (i) State and local government agen12 cies; 

13 (ii) academic sector institutions; 

14 (iii) foreign language related interest 

15 groups; 

16 (iv) business associations; 

17 (v) industry; 

18 (vi) heritage associations; and 

19 (vii) other relevant stakeholders; 

20 (B) conducting a survey of the extent of 

21 Federal agency foreign language and area ex22 pertise, and of Federal agency needs for such 

23 expertise; 

24 (C) identifying and evaluating the ade25 quacy of Federal foreign language programs, 


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1 including any duplicative or overlapping pro2 grams that may impede efficiency; and 

3 (D) monitoring the implementation of such 

4 strategy through— 

5 (i) application of current and recently 

6 enacted laws; and 

7 (ii) the promulgation and enforcement 

8 of rules and regulations. 

9 (2) STRATEGY CONTENT.—The strategy devel10 oped under paragraph (1) shall include— 

11 (A) identification of priorities to expand 

12 foreign language skills in the public and private 

13 sectors; 

14 (B) recommendations for improving coordi15 nation of foreign language programs and activi16 ties among Federal agencies, enhancing Federal 

17 foreign language programs and activities, and 

18 allocating resources appropriately in order to 

19 maximize the use of resources; 

20 (C) needed national policies and cor21 responding legislative and regulatory actions in 

22 support of, and allocation of designated re23 sources to, promising programs and initiatives 

24 at all levels (Federal, State, and local), espe25 cially in the less commonly taught languages 


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1 that are seen as critical for national security 

2 and global competitiveness during the next 20 

3 to 50 years; 

4 (D) effective ways to increase public 

5 awareness of the need for foreign language 

6 skills and career paths in the public and private 

7 sectors that can employ those skills, with the 

8 objective of increasing support for foreign lan9 guage study among— 

10 (i) Federal, State, and local leaders; 

11 (ii) students; 

12 (iii) parents; 

13 (iv) elementary, secondary, and post14 secondary educational institutions; and 

15 (v) employers; 

16 (E) recommendations for incentives for de17 veloping related educational programs, includ18 ing foreign language teacher training; 

19 (F) coordination of public and private sec20 tor efforts to provide foreign language instruc21 tion and acquire foreign language and area ex22 pertise; 

23 (G) coordination of public and private sec24 tor initiatives to develop a strategic posture for 

25 language research; 


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1 (H) recommendations for— 

2 (i) the development of foreign lan3 guage achievement standards; and 

4 (ii) corresponding assessments of for5 eign language achievement standards for 

6 the elementary, secondary, and postsec7 ondary education levels, including the Na8 tional Assessment of Educational Progress 

9 in foreign languages; 

10 (I) recommendations for development of— 

11 (i) language skill-level certification 

12 standards; 

13 (ii) frameworks for pre-service and 

14 professional development study for those 

15 who teach foreign language; 

16 (iii) suggested graduation criteria for 

17 foreign language studies in non-language 

18 areas, such as— 

19 (I) international business; 

20 (II) national security; 

21 (III) public administration; 

22 (IV) health care; 

23 (V) engineering; 

24 (VI) law; 

25 (VII) journalism; and 


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1 (VIII) sciences; 

2 (J) identification of and means for repli3 cating best practices for teaching foreign lan4 guages in the public and private sectors, includ5 ing best practices from the international com6 munity; and 

7 (K) recommendations for overcoming bar8 riers in foreign language proficiency. 

9 (d) SUBMISSION OF STRATEGY TO PRESIDENT AND

10 CONGRESS.—Not later than 18 months after the date of 

11 the enactment of this Act, the Council shall prepare and 

12 transmit to the President and the relevant committees of 

13 Congress the national foreign language strategy required 

14 under subsection (c). 

15 (e) MEETINGS.—The Council may hold such meet16 ings, and sit and act at such times and places, as the 

17 Council considers appropriate, but shall meet in formal 

18 session at least 2 times a year. State and local government 

19 agencies and other organizations (such as academic sector 

20 institutions, foreign language-related interest groups, 

21 business associations, industry, and heritage community 

22 organizations) shall be invited, as appropriate, to public 

23 meetings of the Council at least once a year. 

24 (f) STAFF.— 

25 (1) IN GENERAL.—The Director may— 


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1 (A) appoint, without regard to the provi2 sions of title 5, United States Code, governing 

3 the competitive service, such personnel as the 

4 Director considers necessary; and 

5 (B) compensate such personnel without re6 gard to the provisions of chapter 51 and sub7 chapter III of chapter 53 of that title. 

8 (2) DETAIL OF GOVERNMENT EMPLOYEES.— 

9 Upon request of the Council, any Federal Govern10 ment employee may be detailed to the Council with11 out reimbursement, and such detail shall be without 

12 interruption or loss of civil service status or privilege 

13 (3) EXPERTS AND CONSULTANTS.—With the 

14 approval of the Council, the Director may procure 

15 temporary and intermittent services under section 

16 3109(b) of title 5, United States Code. 

17 (4) TRAVEL EXPENSES.—Council members and 

18 staff shall be allowed travel expenses, including per 

19 diem in lieu of subsistence, at rates authorized for 

20 employees of agencies under subchapter I of chapter 

21 57 of title 5, United States Code, while away from 

22 their homes or regular places of business in the per23 formance of services for the Council. 

24 (5) SECURITY CLEARANCE.— 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), the appropriate Federal agencies or 

3 departments shall cooperate with the Council in 

4 expeditiously providing to the Council members 

5 and staff appropriate security clearances to the 

6 extent possible pursuant to existing procedures 

7 and requirements. 

8 (B) EXCEPTION.—No person shall be pro9 vided with access to classified information 

10 under this section without the appropriate re11 quired security clearance access. 

12 (6) COMPENSATION.—The rate of pay for any 

13 employee of the Council (including the Director) 

14 may not exceed the rate payable for level V of the 

15 Executive Schedule under section 5316 of title 5, 

16 United States Code. 

17 (g) POWERS.— 

18 (1) DELEGATION.—Any member or employee of 

19 the Council may, if authorized by the Council, take 

20 any action that the Council is authorized to take in 

21 this section. 

22 (2) INFORMATION.— 

23 (A) COUNCIL AUTHORITY TO SECURE.— 

24 The Council may secure directly from any Fed25 eral agency such information, consistent with 


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1 Federal privacy laws, including the Family 

2 Educational Rights and Privacy Act (20 U.S.C. 

3 1232g) and the Department of Education’s 

4 General Education Provisions Act (20 U.S.C. 

5 1232(h)), the Council considers necessary to 

6 carry out its responsibilities. 

7 (B) REQUIREMENT TO FURNISH RE8 QUESTED INFORMATION.—Upon request of the 

9 Director, the head of such agency shall furnish 

10 such information to the Council. 

11 (3) DONATIONS.—The Council may accept, use, 

12 and dispose of gifts or donations of services or prop13 erty. 

14 (4) MAIL.—The Council may use the United 

15 States mail in the same manner and under the same 

16 conditions as other Federal agencies. 

17 (h) CONFERENCES, NEWSLETTER, AND WEBSITE.— 

18 In carrying out this section, the Council— 

19 (1) may arrange Federal, regional, State, and 

20 local conferences for the purpose of developing and 

21 coordinating effective programs and activities to im22 prove foreign language education; 

23 (2) may publish a newsletter concerning Fed24 eral, State, and local programs that are effectively 


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1 meeting the foreign language needs of the nation; 

2 and 

3 (3) shall create and maintain a website con4 taining information on the Council and its activities, 

5 best practices on language education, and other rel6 evant information. 

7 (i) REPORTS.—Not later than April 1, 2007, and an8 nually thereafter, the Council shall prepare and transmit 

9 to the President and the relevant committees of Congress 

10 a report that describes— 

11 (1) the activities of the Council to develop the 

12 national foreign language strategy required under 

13 subsection (c); 

14 (2) the findings of the Council as of the date 

15 of such report; 

16 (3) the efforts of the Council to improve foreign 

17 language education and training; and 

18 (4) impediments identified by the Council to the 

19 implementation of a comprehensive national foreign 

20 language strategy, including any statutory and regu21 latory restrictions. 

22 (j) ESTABLISHMENT OF NATIONAL LANGUAGE DI23 RECTOR.— 

24 (1) IN GENERAL.—There is established a Na25 tional Language Director who shall be appointed by 


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1 the President. The National Language Director shall 

2 be a nationally recognized individual with credentials 

3 and abilities in the public and private sectors to be 

4 involved with creating and implementing long-term 

5 solutions to achieving national foreign language and 

6 cultural competency. 

7 (2) RESPONSIBILITIES.—The National Lan8 guage Director shall— 

9 (A) develop and monitor the implementa10 tion of a national foreign language strategy 

11 across the public and private sectors; 

12 (B) establish formal relationships among 

13 the major stakeholders in meeting the needs of 

14 the Nation for improved capabilities in foreign 

15 languages and cultural understanding, including 

16 Federal, State, and local government agencies, 

17 academia, industry, labor, and heritage commu18 nities; and 

19 (C) coordinate and lead a public informa20 tion campaign that raises awareness of public 

21 and private sector careers requiring foreign lan22 guage skills and cultural understanding, with 

23 the objective of increasing interest in and sup24 port for the study of foreign languages among 


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1 national leaders, the business community, local 

2 officials, parents, and individuals. 

3 (k) ENCOURAGEMENT OF STATE INVOLVEMENT.— 

4 (1) STATE CONTACT PERSONS.—The Council 

5 shall consult with each State to provide for the des6 ignation by each State of an individual to serve as 

7 a State contact person for the purpose of receiving 

8 and disseminating information and communications 

9 received from the Council. 

10 (2) STATE INTERAGENCY COUNCILS AND LEAD

11 AGENCIES.—Each State is encouraged to establish a 

12 State interagency council on foreign language co13 ordination or designate a lead agency for the State 

14 for the purpose of assuming primary responsibility 

15 for coordinating and interacting with the Council 

16 and State and local government agencies as nec17 essary. 

18 (l) SUNSET.—This section shall cease to have effect 

19 on September 30, 2015. 

20 (m) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated for fiscal year 2007, 

22 $1,500,000 to carry out this section. 


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1 SEC. 1082. SUPPORT OF SUCCESSOR ORGANIZATIONS OF 

2 THE DISESTABLISHED INTERAGENCY GLOB3 AL POSITIONING SYSTEM EXECUTIVE BOARD. 

4 Section 8 of the Commercial Space Transportation 

5 Competitiveness Act of 2000 (Public Law 106–405; 114 

6 Stat. 1753; 10 U.S.C. 2281 note) is amended by striking 

7 ‘‘the Interagency Global Positioning System Executive 

8 Board, including an Executive Secretariat to be housed 

9 at the Department of Commerce’’ and inserting ‘‘the Na10 tional Space-Based Positioning, Navigation, and Timing 

11 Executive Committee, the National Space-Based Posi12 tioning, Navigation, and Timing Coordination Office, and 

13 the National Space-Based Positioning, Navigation, and 

14 Timing Advisory Board, and any successor organization’’. 

15 SEC. 1083. SENSE OF CONGRESS ON THE QUADRENNIAL DE16 FENSE REVIEW. 

17 (a) FINDINGS.—Congress makes the following find18 ings: 

19 (1) The Quadrennial Defense Review (QDR) 

20 under section 118 of title 10, United States Code, 

21 is vital in laying out the strategic military planning 

22 and threat objectives of the Department of Defense. 

23 (2) The Quadrennial Defense Review is critical 

24 to identifying the correct mix of military planning 

25 assumptions, defense capabilities, and strategic fo26 cuses for the Armed Forces of the United States. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that— 

3 (1) the Quadrennial Defense Review is intended 

4 to provide more than an overview of global threats 

5 and the general strategic orientation of the Depart6 ment of Defense; 

7 (2) the Quadrennial Defense Review should in8 clude strategic planning guidance and specific capa9 bilities, including the military platforms needed to 

10 achieve the strategic and warfighting objectives iden11 tified in the Review, and do so in a risk-based 

12 framework; 

13 (3) the development of each Quadrennial De14 fense Review would benefit from an official assess15 ment, by a so-called ‘‘red team’’, of Quadrennial De16 fense Review assumptions, planning guidelines, capa17 bility recommendations, and realism, and from hav18 ing that team brief Congress on the results of its as19 sessment; 

20 (4) the recommendations of the Quadrennial 

21 Defense Review should not be constrained by budget 

22 considerations; and 

23 (5) the risk assessment prepared by the Chair24 man of the Joint Chiefs to accompany the Quadren25 nial Defense Review should be comprehensive and 


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1 should include a description of the capabilities need2 ed to address the risks identified in that assessment. 

3 TITLE XI—DEPARTMENT OF DE4 FENSE CIVILIAN PERSONNEL 

5 POLICY 

6 SEC. 1101. ACCRUAL OF ANNUAL LEAVE FOR MEMBERS OF 

7 THE UNIFORMED SERVICES ON TERMINAL 

8 LEAVE PERFORMING DUAL EMPLOYMENT. 

9 Section 5534a of title 5, United States Code, is 

10 amended by adding at the end the following new sentence: 

11 ‘‘Such a member is also entitled to accrue annual leave 

12 with pay in the manner specified in section 6303(a) of this 

13 title for a retired member of the uniformed services.’’. 

14 SEC. 1102. STRATEGY FOR IMPROVING THE SENIOR MAN15 AGEMENT, FUNCTIONAL, AND TECHNICAL 

16 WORKFORCE OF THE DEPARTMENT OF DE17 FENSE. 

18 (a) INCLUSION IN 2007 STRATEGIC HUMAN CAPITAL

19 PLAN.—The Secretary of Defense shall include in the 

20 March 1, 2007, Strategic Human Capital Plan required 

21 by section 1122(c) of the National Defense Authorization 

22 Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

23 3453; 10 U.S.C. prec. 1580 note) a strategic plan to shape 

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1 nical workforce (including scientists and engineers) of the 

2 Department of Defense. 

3 (b) SCOPE OF PLAN.—The strategic plan required by 

4 subsection (a) shall cover, at a minimum, the following 

5 categories of Department of Defense civilian personnel: 

6 (1) Appointees in the senior executive service 

7 under section 3131 of title 5, United States Code. 

8 (2) Persons serving in positions described in 

9 section 5376(a) of title 5, United States Code. 

10 (3) Highly qualified experts appointed pursuant 

11 to section 9903 of title 5, United States Code. 

12 (4) Scientists and engineers appointed pursuant 

13 to section 342(b) of the National Defense Authoriza14 tion Act for Fiscal Year 1995 (Public Law 103–337; 

15 108 Stat. 2721), as amended by section 1114 of the 

16 Floyd D. Spence National Defense Authorization 

17 Act for Fiscal Year 2001 (as enacted into by law by 

18 Public Law 106–398 (114 Stat. 1654A–315)). 

19 (5) Scientists and engineers appointed pursuant 

20 to section 1101 of the Strom Thurmond National 

21 Defense Authorization Act for Fiscal Year 1999 (5 

22 U.S.C. 3104 note). 

23 (6) Persons serving in the Defense Intelligence 

24 Senior Executive Service under section 1606 of title 

25 10, United States Code. 


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1 (7) Persons serving in Intelligence Senior Level 

2 positions under section 1607 of title 10, United 

3 States Code. 

4 (c) CONTENTS OF PLAN.—The strategic plan re5 quired by subsection (a) shall include— 

6 (1) an assessment of— 

7 (A) the needs of the Department of De8 fense for senior management, functional, and 

9 technical personnel (including scientists and en10 gineers) in light of recent trends and projected 

11 changes in the mission and organization of the 

12 Department and in light of staff support needed 

13 to accomplish that mission; 

14 (B) the capability of the existing civilian 

15 employee workforce of the Department to meet 

16 requirements relating to the mission of the De17 partment, including the impact on that capa18 bility of projected trends in the senior manage19 ment, functional, and technical personnel work20 force of the Department based on expected 

21 losses due to retirement and other attrition; and 

22 (C) gaps in the existing or projected civil23 ian employee workforce of the Department that 

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1 agement, functional, and technical personnel 

2 (including scientists and engineers) it needs; 

3 and 

4 (2) a plan of action for developing and reshap5 ing the senior management, functional, and technical 

6 workforce of the Department to address the gaps 

7 identified under paragraph (1)(C), including— 

8 (A) any legislative or administrative action 

9 that may be needed to adjust the requirements 

10 applicable to any category of civilian personnel 

11 identified in subsection (b) or to establish a new 

12 category of senior management or technical per13 sonnel; 

14 (B) any changes in the number of per15 sonnel authorized in any category of personnel 

16 identified in subsection (b) that may be needed 

17 to address such gaps and effectively meet the 

18 needs of the Department; 

19 (C) any changes in the rates or methods of 

20 pay for any category of personnel identified in 

21 subsection (b) that may be needed to address 

22 inequities and ensure that the Department has 

23 full access to appropriately qualified personnel 

24 to address such gaps and meet the needs of the 

25 Department; 


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1 (D) specific recruiting and retention goals, 

2 including the program objectives of the Depart3 ment to be achieved through such goals; 

4 (E) specific strategies for development, 

5 training, deploying, compensating, motivating, 

6 and designing career paths and career opportu7 nities for the senior management, functional, 

8 and technical workforce of the Department, in9 cluding the program objectives of the Depart10 ment to be achieved through such strategies; 

11 and 

12 (F) specific steps that the Department has 

13 taken or plans to take to ensure that the senior 

14 management, functional, and technical work15 force of the Department is managed in compli16 ance with the requirements of section 129 of 

17 title 10, United States Code. 

18 SEC. 1103. AUTHORITY TO EQUALIZE ALLOWANCES, BENE19 FITS, AND GRATUITIES OF PERSONNEL ON 

20 OFFICIAL DUTY IN IRAQ AND AFGHANISTAN. 

21 (a) FINDINGS.—Congress makes the following find22 ings: 

23 (1) As part of the United States effort to bring 

24 democracy and freedom to Iraq and Afghanistan, 

25 employees of a broad range of Federal agencies are 


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1 needed to serve in those countries, furnishing exper2 tise to their counterpart agencies in the Government 

3 of Iraq and the Government of Afghanistan. 

4 (2) While the heads of a number of Federal 

5 agencies already possess authority to provide to their 

6 personnel on official duty abroad allowances, bene7 fits, and death gratuities comparable to those pro8 vided by the Secretary of State to similarly-situated 

9 Foreign Service personnel on official duty abroad, 

10 other agency heads do not possess such authority. 

11 (3) In order to assist the United States Govern12 ment in recruiting personnel to serve in Iraq and Af13 ghanistan, and to avoid inequities in allowances, 

14 benefits, and death gratuities among similarly-situ15 ated United States Government civilian personnel on 

16 official duty in these countries, it is essential that 

17 the heads of all agencies that have personnel on offi18 cial duty in Iraq and Afghanistan have the same 

19 basic authority with respect to allowances, benefits, 

20 and death gratuities for such personnel. 

21 (b) IN GENERAL.—During any fiscal year, the head 

22 of an agency may, in the agency head’s discretion, provide 

23 to an individual employed by, or assigned or detailed to, 

24 such agency allowances, benefits, and gratuities com25 parable to those provided by the Secretary of State to 


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1 members of the Foreign Service under section 413 and 

2 chapter 9 of title I of the Foreign Service Act of 1980 

3 (22 U.S.C. 3973; 4081 et seq.), if such individual is on 

4 official duty in Iraq or Afghanistan. 

5 (c) CONSTRUCTION.—Nothing in this section shall be 

6 construed to impair or otherwise affect the authority of 

7 the head of an agency under any other provision of law. 

8 TITLE XII—MATTERS RELATING 

9 TO OTHER NATIONS 

10 Subtitle A—General Matters 

11 SEC. 1201. EXPANSION OF HUMANITARIAN AND CIVIC AS12 SISTANCE TO INCLUDE COMMUNICATIONS 

13 AND INFORMATION CAPACITY. 

14 Section 401 of title 10, United States Code, as 

15 amended— 

16 (1) in subsection (c)— 

17 (A) by redesignating paragraphs (2), (3), 

18 and (4) as paragraphs (3), (4), and (5), respec19 tively; 

20 (B) by inserting after paragraph (1) end 

21 the following new paragraph (2): 

22 ‘‘(2) Expenses covered by paragraph (1) include com23 munications or information systems equipment or supplies 

24 incurred in providing assistance described in subsection 

25 (e)(4).’’; and 


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1 (C) in paragraph (4), as redesignated by 

2 subparagraph (A) of this paragraph, by striking 

3 ‘‘paragraph (2)(B)’’ and inserting ‘‘paragraph 

4 (3)(B)’’; and 

5 (2) in subsection (e)(4), by inserting before the 

6 period the following: ‘‘, including information and 

7 communications technology facilities’’. 

8 SEC. 1202. MODIFICATION OF AUTHORITIES RELATING TO 

9 THE REGIONAL DEFENSE 

10 COUNTERTERRORISM FELLOWSHIP PRO11 GRAM. 

12 (a) REDESIGNATION OF PROGRAM AS REGIONAL DE13 FENSE COMBATTING TERRORISM FELLOWSHIP PRO14 GRAM.—Section 2249c of title 10, United States Code, is 

15 amended in subsections (a) and (c)(3), by striking 

16 ‘‘Counterterrorism’’ and inserting ‘‘Combatting Ter17 rorism’’. 

18 (b) AVAILABILITY OF FUNDS.— 

19 (1) IN GENERAL.—Subsection (a) of such sec20 tion is further amended by striking ‘‘the attendance’’ 

21 and all that follows through ‘‘military educational in22 stitutions’’ and inserting ‘‘the education and training 

23 of foreign military officers and other foreign officials 

24 at military or civilian educational institutions’’. 


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1 (2) INCREASE IN AMOUNT AVAILABLE.—Sub2 section (b) of such section is amended by striking 

3 ‘‘$20,000,000’’ and inserting ‘‘$25,000,000’’. 

4 (3) AVAILABILITY OF AMOUNTS ACROSS FISCAL

5 YEARS.—Subsection (b) of such section is further 

6 amended by adding at the end the following new 

7 sentence: ‘‘Amounts available under the authority in 

8 subsection (a) for a fiscal year may be used for pro9 grams that begin in such fiscal year but end in the 

10 next fiscal year.’’. 

11 (c) CONFORMING AND CLERICAL AMENDMENTS.— 

12 (1) CONFORMING AMENDMENT.—The heading 

13 of such section is amended to read as follows: 

14 ‘‘§ 2249c. Authority to use appropriated funds for 

15 education and training of foreign visitors 

16 under Regional Defense Combatting Ter17 rorism Fellowship Program’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of subchapter I of chapter 

20 134 of such title is amended by striking the item re21 lating to section 2249c and insert the following new 

22 item: 

‘‘2249c. Authority to use appropriated funds for education and training of foreign visitors under Regional Defense Combatting Terrorism 

Fellowship Program.’’. 


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1 SEC. 1203. LOGISTIC SUPPORT OF ALLIED FORCES FOR 

2 COMBINED OPERATIONS. 

3 (a) AUTHORITY TO USE FUNDS TO PROVIDE SUP4 PORT.— 

5 (1) IN GENERAL.—Subchapter I of chapter 134 

6 of title 10, United States Code, is amended by in7 serting after section 2249c the following new section: 

8 ‘‘§ 2249d. Authority to use appropriated funds for lo9 gistic support of allied forces for com10 bined operations 

11 ‘‘(a) AUTHORITY TO USE FUNDS.—Subject to sub12 sections (b) and (c), funds appropriated to the Depart13 ment of Defense for operation and maintenance may be 

14 used by the Secretary of Defense, with the concurrence 

15 of the Secretary of State, to provide logistic support, sup16 plies, and services to allied forces participating in com17 bined operations with the armed forces of the United 

18 States. 

19 ‘‘(b) LIMITATION RELATING TO COMBINED OPER20 ATIONS.—The authority in subsection (a) to provide logis21 tic support, supplies, and services may be exercised only— 

22 ‘‘(1) with respect to combined operations during 

23 a period of active hostilities, a contingency oper24 ation, or a noncombat operation (including an oper25 ation in support of the provision of humanitarian or 

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1 erations, or peacekeeping operations under chapter 

2 VI or VII of the Charter of the United Nations); 

3 and 

4 ‘‘(2) in circumstances in which the Secretary of 

5 Defense determines that the allied forces to be pro6 vided such logistic support, supplies, and services— 

7 ‘‘(A) are essential to the success of such 

8 combined operations; and 

9 ‘‘(B) would not be able to participate in 

10 such combined operations but for the provision 

11 of such logistic support, supplies, and services. 

12 ‘‘(c) LIMITATIONS RELATING TO AMOUNT.—(1) Ex13 cept as provided in paragraph (2), the amount of logistic 

14 support, supplies, and services provided under subsection 

15 (a) in any fiscal year may not exceed $100,000,000. 

16 ‘‘(2) In any fiscal year, in addition to any logistic 

17 support, supplies, and services provided under subsection 

18 (a) that are covered by paragraph (1), logistic support, 

19 supplies, and services in the amount of $5,000,000 may 

20 be provided under that subsection if such support, sup21 plies, and services are solely for purposes of enhancing the 

22 interoperability of the logistical support systems of allied 

23 forces with the logistical support systems of the armed 

24 forces of the United States in order to facilitate combined 

25 operations. 


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1 ‘‘(d) ANNUAL REPORT.—Not later than December 31 

2 each year, the Secretary of Defense, in coordination with 

3 the Secretary of State, shall submit to the appropriate 

4 committees of Congress a report on the use of the author5 ity in subsection (a) during the preceding fiscal year. Each 

6 report shall include, for the fiscal year covered by such 

7 report, the following: 

8 ‘‘(1) Each nation provided logistic support, sup9 plies, and services. 

10 ‘‘(2) For each such nation, a description of the 

11 type and value of logistic support, supplies, and 

12 services so provided. 

13 ‘‘(e) DEFINITIONS.—In this section: 

14 ‘‘(1) The term ‘appropriate committees of Con15 gress’ means— 

16 ‘‘(A) the Committees on Armed Services 

17 and Foreign Relations of the Senate; and 

18 ‘‘(B) the Committees on Armed Services 

19 and International Relations of the House of 

20 Representatives. 

21 ‘‘(2) The term ‘logistic support, supplies, and 

22 services’ has the meaning given such term in section 

23 2350(1) of this title and includes sealift.’’. 

24 (2) CLERICAL AMENDMENT.—The table of sec25 tions at the beginning of subchapter I of such chapVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 ter is amended by inserting after the item relating 

2 to section 2249c the following new item: 

‘‘2249d. Authority to use appropriated funds for logistic support of allied forces 

for combined operations.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on October 1, 2006, and shall 

5 apply with respect to fiscal years beginning on or after 

6 that date. 

7 SEC. 1204. EXCLUSION OF PETROLEUM, OIL, AND LUBRI8 CANTS FROM LIMITATIONS ON AMOUNT OF 

9 LIABILITIES THE UNITED STATES MAY AC10 CRUE UNDER ACQUISITION AND CROSS11 SERVICING AGREEMENTS. 

12 (a) EXCLUSION.—Section 2347 of title 10, United 

13 States Code, is amended by adding at the end the fol14 lowing new subsection: 

15 ‘‘(d) The limitations in this section on the amount 

16 of reimbursable liabilities or reimbursable credits that the 

17 United States may accrue under this subchapter shall not 

18 apply with respect to the sale, purchase, or exchange of 

19 petroleum, oils, or lubricants.’’. 

20 (b) CONFORMING AMENDMENTS.—Paragraphs (1) 

21 and (2) of subsection (a) of such section are each amended 

22 by striking ‘‘(other than petroleum, oils, and lubricants)’’. 


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1 SEC. 1205. TEMPORARY AUTHORITY TO USE ACQUISITION 

2 AND CROSS-SERVICING AGREEMENTS TO 

3 LOAN SIGNIFICANT MILITARY EQUIPMENT 

4 TO FOREIGN FORCES IN IRAQ AND AFGHANI5 STAN FOR PERSONNEL PROTECTION AND 

6 SURVIVABILITY. 

7 (a) AUTHORITY.— 

8 (1) IN GENERAL.—Subject to paragraphs (2) 

9 and (3), the Secretary of Defense may treat signifi10 cant military equipment as logistic support, supplies, 

11 and services under subchapter I of chapter 138 of 

12 title 10, United States Code, for purposes of pro13 viding for the use of such equipment by military 

14 forces of nations participating in combined oper15 ations with United States Forces in Iraq and Af16 ghanistan if the Secretary, with the concurrence of 

17 the Secretary of State, determines in writing that it 

18 is in the national security interests of the United 

19 States to provide for the use of such equipment in 

20 such manner. 

21 (2) LIMITATION ON DURATION OF PROVI22 SION.—Equipment may be used by foreign military 

23 forces under this subsection for not longer than one 

24 year. 

25 (3) LIMITATION ON USE.—Equipment may be 

26 used by foreign military forces under this subsection 


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1 solely for personnel protection or to aid in the per2 sonnel survivability of such forces. 

3 (b) SEMIANNUAL REPORTS.— 

4 (1) REPORTS REQUIRED.—The Secretary of 

5 Defense shall, in coordination with the Secretary of 

6 State, submit to the appropriate committees of Con7 gress a report on the exercise of the authority in 

8 subsection (a) as follows: 

9 (A) If the authority is exercised during the 

10 first six-month period of a fiscal year, not later 

11 than 30 days after such period. 

12 (B) If the authority is exercised during the 

13 second six-month period of a fiscal year, not 

14 later than 30 days after such period. 

15 (2) ELEMENTS.—Each report under paragraph 

16 (1) shall include, for each exercise of authority 

17 under subsection (a) during the period covered by 

18 such report, the following: 

19 (A) A copy of the written determination 

20 under subsection (a) with respect to the exer21 cise of such authority. 

22 (B) A statement of each recipient of equip23 ment under the exercise of such authority. 

24 (C) A description of the type, quantity, 

25 and value of the equipment supplied to each 


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1 such recipient, and a description of the terms 

2 and duration of the supply of the equipment to 

3 such recipient. 

4 (c) CONSTRUCTION WITH LIMITATIONS ON TRANS5 FER OF MILITARY EQUIPMENT.—The provision of signifi6 cant military equipment for use under this section shall 

7 be subject to the provisions of the Arms Export Control 

8 Act (22 U.S.C. 2751 et seq.) and of any other export con9 trol regime under law relating to the transfer of military 

10 technology to foreign nations. 

11 (d) DEFINITIONS.—In this section: 

12 (1) The term ‘‘appropriate committees of Con13 gress’’ means— 

14 (A) the Committees on Armed Services 

15 and Foreign Relations of the Senate; and 

16 (B) the Committees on Armed Services 

17 and International Relations of the House of 

18 Representatives. 

19 (2) The term ‘‘significant military equipment’’ 

20 means items designated as significant military 

21 equipment on the United States Munitions List 

22 under section 38(a)(1) of the Arms Export Control 

23 Act (22 U.S.C. 2778(a)(1)). 

24 (e) EXPIRATION.—The authority in subsection (a) 

25 shall expire on September 30, 2008. 


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1 SEC. 1206. MODIFICATION OF AUTHORITIES RELATING TO 

2 THE BUILDING OF THE CAPACITY OF FOR3 EIGN MILITARY FORCES. 

4 (a) FUNDS AVAILABLE FOR PRESIDENTIAL PRO5 GRAM.—Subsection (c) of section 1206 of the National 

6 Defense Authorization Act for Fiscal Year 2006 (Public 

7 Law 109–163; 119 Stat. 3456) is amended by striking 

8 ‘‘defense-wide’’. 

9 (b) LIMITED AUTHORITY TO RESPOND TO UNAN10 TICIPATED CHANGES IN SECURITY ENVIRONMENT.—Such 

11 section is further amended— 

12 (1) by redesignating subsections (f) and (g) as 

13 subsections (h) and (i), respectively; and 

14 (2) by inserting after subsection (e) the fol15 lowing new subsection (f): 

16 ‘‘(f) COMBATANT COMMANDER AUTHORITY TO RE17 SPOND TO UNANTICIPATED CHANGES IN SECURITY ENVI18 RONMENT.— 

19 ‘‘(1) IN GENERAL.—During fiscal years 2007 

20 and 2008, the Secretary of Defense may, with the 

21 concurrence of the Secretary of State, authorize any 

22 commander of a geographic combatant command to 

23 respond to unanticipated changes in a security envi24 ronment within the area of responsibility of such 

25 commander by conducting a program to build the 

26 capacity of the national military forces of a country 


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1 within such area of responsibility in order for such 

2 country to— 

3 ‘‘(A) conduct counterterrorist operations; 

4 or 

5 ‘‘(B) participate in or support military and 

6 stability operations. 

7 ‘‘(2) REQUIRED ELEMENTS.—Any program 

8 under paragraph (1) shall include elements that pro9 mote— 

10 ‘‘(A) observance of and respect for human 

11 rights and fundamental freedoms; and 

12 ‘‘(B) respect for legitimate civilian author13 ity within the country concerned. 

14 ‘‘(3) AUTHORIZED ELEMENTS.—Any program 

15 under paragraph (1) may include the provision of 

16 equipment, supplies, and training. 

17 ‘‘(4) ANNUAL FUNDING LIMITATION.—The Sec18 retary of Defense may make available, from funds 

19 available for operation and maintenance for fiscal 

20 year 2007 or 2008, not to exceed $200,000,000 to 

21 conduct activities under paragraph (1) in such fiscal 

22 year. Of the amount so made available for a fiscal 

23 year, not more than $50,000,000 may be available 

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1 able under this paragraph are in addition to any 

2 other amounts available to the commanders of the 

3 geographic combatant commands, including amounts 

4 in the Combatant Commanders Initiative Fund. 

5 ‘‘(5) ASSISTANCE OTHERWISE PROHIBITED BY

6 LAW.—The commander of a geographic combatant 

7 command may not use the authority in paragraph 

8 (1) to provide any type of assistance described in 

9 paragraphs (2) and (3) that is otherwise prohibited 

10 by any provision of law. 

11 ‘‘(6) LIMITATION ON ELIGIBLE COUNTRIES.— 

12 The commander of a geographic combatant com13 mand may not use the authority in paragraph (1) to 

14 provide any type of assistance described in para15 graphs (2) and (3) to any foreign country that is 

16 otherwise prohibited from receiving such type of as17 sistance under any other provision of law. 

18 ‘‘(7) FORMULATION AND EXECUTION OF PRO19 GRAMS.—The Secretary of Defense shall prescribe 

20 guidance for programs authorized by paragraph (1). 

21 Such guidance shall include requirements for the 

22 commanders of the geographic combatant commands 

23 to— 

24 ‘‘(A) formulate any program under para25 graph (1) for a country jointly with the United 


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1 States ambassador or chief of mission to such 

2 country; and 

3 ‘‘(B) coordinate with the United States 

4 ambassador or chief of mission to a country in 

5 implementing any program under paragraph (1) 

6 for such country. 

7 ‘‘(8) CONGRESSIONAL NOTIFICATION.—Not less 

8 than 15 days after the initiation of activities in a 

9 country under a program under paragraph (1), the 

10 Secretary of Defense, in coordination with the Sec11 retary of State, shall submit to the congressional 

12 committees specified in subsection (e)(3) a notice of 

13 the following: 

14 ‘‘(A) The country being assisted in the 

15 building of the capacity of its military forces 

16 under the program. 

17 ‘‘(B) The budget, implementation timeline 

18 with milestones, and completion date for the 

19 program. 

20 ‘‘(C) The source and planned expenditure 

21 of funds to complete the program.’’. 

22 (c) LIMITED AUTHORITY TO MEET UNANTICIPATED

23 HUMANITARIAN RELIEF OR RECONSTRUCTION REQUIRE24 MENTS.—Such section is further amended by inserting 


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1 after subsection (f), as added by subsection (b)(2) of this 

2 section, the following new subsection (g): 

3 ‘‘(g) COMBATANT COMMANDER AUTHORITY TO

4 MEET UNANTICIPATED HUMANITARIAN RELIEF OR RE5 CONSTRUCTION REQUIREMENTS.— 

6 ‘‘(1) IN GENERAL.—During fiscal years 2007 

7 and 2008, the Secretary of Defense may authorize 

8 any commander of a geographic combatant com9 mand to provide the assistance described in para10 graph (2) to respond to urgent and unanticipated 

11 humanitarian relief or reconstruction requirements 

12 in a foreign country within the area of responsibility 

13 of the commander of the geographic combatant com14 mand if the commander of the geographic combatant 

15 command determines that the provision of such as16 sistance will promote the security interests of the 

17 United States and the country to which such assist18 ance will be provided. Such assistance may be pro19 vided without regard to any provision of chapter 

20 137, 140, or 141 of title 10, United States Code, or 

21 any other provision of law that would prohibit, re22 strict, or limit the provision of such assistance. 

23 ‘‘(2) TYPES OF ASSISTANCE.—The assistance 

24 that may be provided under paragraph (1) includes 

25 the following: 


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1 ‘‘(A) Construction, reconstruction, or re2 pair of municipal, educational, cultural, or other 

3 local facilities. 

4 ‘‘(B) Reconstitution or improvement of 

5 utilities or other local infrastructure. 

6 ‘‘(C) Provision of any other goods or serv7 ices necessary to respond to urgent and unan8 ticipated humanitarian relief or reconstruction 

9 requirements. 

10 ‘‘(3) PROHIBITION ON ASSISTANCE IN CERTAIN

11 COUNTRIES.—Assistance may not be provided under 

12 paragraph (1) in Iraq or Afghanistan. 

13 ‘‘(4) ANNUAL FUNDING LIMITATION.—From 

14 funds available for operation and maintenance for 

15 fiscal year 2007 or 2008, not more than $200,000 

16 may be available to the commander of a geographic 

17 combatant command to conduct activities under 

18 paragraph (1) in any particular country in such fis19 cal year. Amounts available under this paragraph 

20 are in addition to any other amounts available to the 

21 commanders of the geographic combatant com22 mands, including amounts in the Combatant Com23 manders Initiative Fund. 

24 ‘‘(5) CONSTRUCTION OF AUTHORITY.—The au25 thority and funds available to the commanders of 


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1 the geographic combatant commands under this sub2 section are in addition to any other authorities and 

3 funds available to the commanders of the geographic 

4 combatant commands. 

5 ‘‘(6) GUIDANCE ON PROVISION OF ASSIST6 ANCE.—(A) No funds may be obligated or expended 

7 for the provision of assistance under paragraph (1) 

8 until the Secretary of Defense prescribes guidance 

9 on the provision of assistance under that paragraph. 

10 ‘‘(B) The guidance under this paragraph shall 

11 include a requirement that any assistance provided 

12 under paragraph (1) in a particular country be pro13 vided only with the concurrence of the United States 

14 ambassador or chief of mission to that country. 

15 ‘‘(C) Not later than 30 days after the issuance 

16 of the guidance under this paragraph, the Secretary 

17 shall submit to the congressional defense committees 

18 a report setting forth such guidance. 

19 ‘‘(D) Not later than 30 days after issuing any 

20 modification to the guidance under this paragraph, 

21 the Secretary shall submit to the congressional de22 fense committees a report on such modification. 

23 ‘‘(7) REPORT.—Not later than November 1 of 

24 2007 and 2008, the Secretary of Defense shall sub25 mit to the congressional defense committees a report 


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1 on the provision of assistance under paragraph (1) 

2 during the preceding fiscal year. Each report shall 

3 include, for the fiscal year covered by such report, 

4 the following: 

5 ‘‘(A) The source of funds utilized to pro6 vide assistance under paragraph (1) during 

7 such fiscal year. 

8 ‘‘(B) Each country in which assistance was 

9 so provided. 

10 ‘‘(C) For each country so provided assist11 ance, the type and amount of assistance pro12 vided.’’. 

13 (d) TERMINATION OF AUTHORITY.—Subsection (i) of 

14 such section, as redesignated by subsection (b)(1) of this 

15 section, is further amended to read as follows: 

16 ‘‘(i) TERMINATION.— 

17 ‘‘(1) TERMINATION OF PRESIDENTIAL PRO18 GRAM.—The authority of the President under sub19 section (a) to direct the Secretary of Defense to con20 duct a program terminates at the close of September 

21 30, 2008. Any program directed before that date 

22 may be completed, but only using funds available for 

23 fiscal year 2006, 2007, or 2008. 

24 ‘‘(2) TERMINATION OF COMBATANT COM25 MANDER AUTHORITIES.—The authority of the comVerDate Aug 31 2005 06:00 May 10, 2006 Jkt 049200 PO 00000 Frm 00457 Fmt 6652 Sfmt 6201 E:\BILLS\S2767.PCS S2767

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1 manders of the geographic combatant commands to 

2 carry out programs under subsection (f), and to pro3 vide assistance under subsection (g), terminates at 

4 the close of September 30, 2008. Any program or 

5 assistance commenced before that date may be com6 pleted, but only using funds available for fiscal year 

7 2007 or 2008.’’. 

8 SEC. 1207. PARTICIPATION OF THE DEPARTMENT OF DE9 FENSE IN MULTINATIONAL MILITARY CEN10 TERS OF EXCELLENCE. 

11 (a) PARTICIPATION AUTHORIZED.—During fiscal 

12 year 2007, the Secretary of Defense may, with the concur13 rence of the Secretary of State, authorize the participation 

14 of the Department of Defense, and of members of the 

15 armed forces and civilian personnel of the Department, in 

16 multinational military centers of excellence hosted by any 

17 nation or combination of nations referred to in subsection 

18 (b) for purposes of— 

19 (1) enhancing the ability of military forces and 

20 civilian personnel of the nations participating in 

21 such centers to engage in joint exercises or coalition 

22 or international military operations; or 

23 (2) improving interoperability between the 

24 Armed Forces of the United States and the military 

25 forces of friendly foreign nations. 


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1 (b) COVERED NATIONS.—The nations referred to in 

2 this section are as follows: 

3 (1) The United States. 

4 (2) Any member nation of the North Atlantic 

5 Treaty Organization (NATO). 

6 (3) Any major non-NATO ally. 

7 (4) Any other friendly foreign nation identified 

8 by the Secretary of Defense, with the concurrence of 

9 the Secretary of State, for purposes of this section. 

10 (c) MEMORANDUM OF UNDERSTANDING.—The par11 ticipation of the Department of Defense, or of members 

12 of the armed forces or civilian personnel of the Depart13 ment, in a multinational military center of excellence 

14 under subsection (a) shall be governed by the terms of 

15 one or more memoranda of understanding entered into by 

16 the Secretary of Defense, with the concurrence of the Sec17 retary of State, and the foreign nation or nations con18 cerned. 

19 (d) AVAILABILITY OF APPROPRIATED FUNDS.—(1) 

20 Funds appropriated to the Department of Defense for op21 eration and maintenance are available as follows: 

22 (A) To pay the United States share of the ex23 penses of any multinational military center of excel24 lence in which the United States participates under 

25 this section. 


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1 (B) To pay the costs of the participation of the 

2 Department of Defense, and of members of the 

3 armed forces and civilian personnel of the Depart4 ment, in multinational military centers of excellence 

5 under this section, including the costs of pay, sala6 ries, and expenses of such members and personnel in 

7 participating in such centers. 

8 (2) The amount available under paragraph (1) in fis9 cal year 2007 for the expenses and costs referred to in 

10 that paragraph may not exceed $3,000,000. 

11 (e) USE OF DEPARTMENT OF DEFENSE FACILITIES

12 AND EQUIPMENT.—(1) Facilities and equipment of the 

13 Department of Defense may be used for purposes of the 

14 support of multinational military centers of excellence 

15 under this section that are hosted by the Department. 

16 (2) The use of facilities and equipment for support 

17 of a multinational military center of excellence under para18 graph (1) may, at the election of the Secretary of Defense, 

19 be with or without reimbursement by other nations partici20 pating in the center. 

21 (f) REPORT ON USE OF AUTHORITY.— 

22 (1) REPORT REQUIRED.—Not later than Octo23 ber 31, 2007, the Secretary of Defense shall submit 

24 to the congressional defense committees a report on 


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1 the use of the authority in this section during fiscal 

2 year 2007. 

3 (2) ELEMENTS.—The report required by para4 graph (1) shall include the following: 

5 (A) A detailed description of the participa6 tion of the Department of Defense, and of 

7 members of the Armed Forces and civilian per8 sonnel of the Department, in multinational mili9 tary centers of excellence under the authority of 

10 this section during fiscal year 2007. 

11 (B) For each multinational military center 

12 of excellence in which the Department of De13 fense, or members of the Armed Forces or civil14 ian personnel of the Department, so partici15 pated— 

16 (i) a description of such multinational 

17 military center of excellence; 

18 (ii) a description of the activities par19 ticipated in by the Department, or by 

20 members of the Armed Forces or civilian 

21 personnel of the Department; and 

22 (iii) a statement of the costs of the 

23 Department for such participation, includ24 ing— 


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1 (I) a statement of the United 

2 States share of the expenses of such 

3 center, and a statement of the per4 centage of the United States share of 

5 the expenses of such center to the 

6 total expenses of such center; and 

7 (II) a statement of the amount of 

8 such costs (including a separate state9 ment of the amount of costs paid for 

10 under the authority of this section by 

11 category of costs). 

12 (g) DEFINITIONS.—In this section: 

13 (1) The term ‘‘multinational military center of 

14 excellence’’ means an entity sponsored by one or 

15 more nations that is accredited and approved by the 

16 North Atlantic Treaty Organization military com17 mittee as offering recognized expertise and experi18 ence to personnel participating in the activities of 

19 such entity for the benefit of the North Atlantic 

20 Treaty Organization by providing such personnel op21 portunities to— 

22 (A) enhance education and training; 

23 (B) improve interoperability and capabili24 ties; 


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1 (C) assist in the development of doctrine; 

2 and 

3 (D) validate concepts through experimen4 tation. 

5 (2) The term ‘‘major non-NATO ally’’ means a 

6 country (other than a member nation of the North 

7 Atlantic Treaty Organization) that is designated as 

8 a major non-NATO ally for purposes of this section 

9 by the Secretary of Defense with the concurrence of 

10 the Secretary of State. 

11 SEC. 1208. DISTRIBUTION OF EDUCATION AND TRAINING 

12 MATERIALS AND INFORMATION TECH13 NOLOGY TO ENHANCE INTEROPERABILITY. 

14 (a) DISTRIBUTION AUTHORIZED.—In furtherance of 

15 the national security objectives of the United States and 

16 to improve interoperability between the Armed Forces of 

17 the United States and military forces of friendly foreign 

18 countries, the Secretary of Defense may— 

19 (1) provide to the personnel referred to in sub20 section (b) electronically-distributed learning content 

21 for the education and training of such personnel for 

22 the development and enhancement of allied and 

23 friendly military capabilities for multinational oper24 ations, including joint exercises and coalition oper25 ations; and 


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1 (2) provide information technology, including 

2 computer software developed for such purpose, to 

3 support the use of such learning content for the edu4 cation and training of such personnel. 

5 (b) PERSONNEL.—The personnel to which learning 

6 content and information technology may be provided 

7 under subsection (a) are as follows: 

8 (1) Military and civilian personnel of friendly 

9 foreign governments. 

10 (2) Personnel of internationally-recognized non11 governmental organizations. 

12 (c) EDUCATION AND TRAINING.—The education and 

13 training provided under subsection (a) shall include the 

14 following: 

15 (1) Internet based education and training. 

16 (2) Advanced distributed learning and similar 

17 Internet learning tools, as well as distributed train18 ing and computer assisted exercises. 

19 (d) INFORMATION TECHNOLOGY.—In providing in20 formation technology under subsection (a)(2), the Sec21 retary of Defense may only expend funds for the develop22 ment and provision of information technology and learning 

23 content necessary to support the provision of education 

24 and training authorized by this section. 


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1 (e) SECRETARY OF STATE CONCURRENCE IN CER2 TAIN ACTIVITIES.—In the case of any activity proposed 

3 to be undertaken under the authority in this section that 

4 is not authorized by another provision of law, the Sec5 retary of Defense may not undertake such activity without 

6 the concurrence of the Secretary of State. 

7 (f) CONSTRUCTION WITH OTHER AUTHORITY.— 

8 (1) SUPPLEMENTAL AUTHORITY.—The author9 ity in this section is in addition to any other author10 ity available to the Secretary of Defense to provide 

11 assistance to foreign nations or military forces. 

12 (2) LIMITATION.—The provision of learning 

13 content and information technology under the au14 thority in this section shall be subject to the provi15 sions of the Arms Export Control Act (22 U.S.C. 

16 2751 et seq.) and any other export control regime 

17 under law relating to the transfer of military tech18 nology to foreign nations. 

19 (g) GUIDANCE.— 

20 (1) GUIDANCE REQUIRED.—The Secretary of 

21 Defense shall develop and issue guidance on the pro22 cedures for the use of the authority in this section. 

23 (2) SUBMITTAL TO CONGRESS.—Not later than 

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1 sional defense committees a report setting forth such 

2 guidance. 

3 (3) MODIFICATION.—In the event the Secretary 

4 modifies the guidance required by paragraph (1), the 

5 Secretary shall submit to the congressional defense 

6 committees a report setting forth the modified guid7 ance not later than 30 days after the date of such 

8 modification. 

9 (h) ANNUAL REPORT.— 

10 (1) REPORT REQUIRED.—Not later than Octo11 ber 31 of 2007 and 2008, the Secretary of Defense 

12 shall submit to the congressional defense committees 

13 a report on the exercise of the authority in this sec14 tion during the preceding fiscal year. 

15 (2) ELEMENTS.—The report under paragraph 

16 (1) shall include, for the fiscal year covered by such 

17 report, the following: 

18 (A) A statement of the recipients of learn19 ing content and information technology pro20 vided under this section. 

21 (B) A description of the type, quantity, 

22 and value of the learning content and informa23 tion technology provided under this section. 

24 (i) TERMINATION.—The authority in this section 

25 shall expire on September 30, 2008. 


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1 Subtitle B—Report Matters 

2 SEC. 1221. REPORT ON INCREASED ROLE AND PARTICIPA3 TION OF MULTINATIONAL PARTNERS IN THE 

4 UNITED NATIONS COMMAND IN THE REPUB5 LIC OF KOREA. 

6 (a) REPORT REQUIRED.—Not later than 180 days 

7 after the date of the enactment of this Act, the Secretary 

8 of Defense, in coordination with the Secretary of State, 

9 shall submit to the appropriate committees of Congress 

10 a report on an increased role and participation of multi11 national partners in the United Nations Command in the 

12 Republic of Korea. 

13 (b) ELEMENTS.—The report required by subsection 

14 (a) shall include the following: 

15 (1) A list of the nations that are current mem16 bers of the United Nations Command in the Repub17 lic of Korea, and a detailed description of the role 

18 and participation of each such member nation in the 

19 responsibilities and activities of the United Nations 

20 Command. 

21 (2) A detailed description of efforts being un22 dertaken by the United States to encourage en23 hanced participation in the responsibilities and ac24 tivities of the United Nations Command in the Re25 public of Korea by such member nations. 


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1 (3) A discussion of whether and how members 

2 of the United Nations Command in the Republic of 

3 Korea might be persuaded to deploy military forces 

4 in peacetime to the Republic of Korea to bolster the 

5 deterrence mission of the United Nations Command. 

6 (4) An assessment of how the military and po7 litical requirements for United States military forces 

8 in the Republic of Korea might be affected were 

9 multinational partners in the United Nations Com10 mand in the Republic of Korea to increase their con11 tribution of military forces stationed in the Republic 

12 of Korea. 

13 (5) An assessment of whether and how the con14 tribution of additional military forces to the United 

15 Nations Command in the Republic of Korea by a 

16 multinational partner might affect that partner’s ap17 proach to facilitating a diplomatic resolution of the 

18 nuclear challenge posed by the Democratic Peoples 

19 Republic of Korea. 

20 (c) FORM.—The report required by subsection (a) 

21 shall be submitted in unclassified form, but may include 

22 a classified annex. 

23 (d) APPROPRIATE COMMITTEES OF CONGRESS DE24 FINED.—In this section, the term ‘‘appropriate commit25 tees of Congress’’ means— 


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1 (1) the Committees on Armed Services and 

2 Foreign Relations of the Senate; and 

3 (2) the Committees on Armed Services and 

4 International Relations of the House of Representa5 tives. 

6 SEC. 1222. REPORT ON INTERAGENCY OPERATING PROCE7 DURES FOR STABILIZATION AND RECON8 STRUCTION OPERATIONS. 

9 (a) SENSE OF CONGRESS.—It is the sense of Con10 gress that— 

11 (1) the United States Government should bring 

12 to bear all elements of national power to achieve its 

13 national security objectives, including stabilization 

14 and reconstruction operations; 

15 (2) civilian agencies of the United States Gov16 ernment lack the capacity to deploy rapidly, and for 

17 sustained periods of time, trained personnel to sup18 port stabilization and reconstruction operations in 

19 the field; 

20 (3) civilian agencies of the United States Gov21 ernment should expand their capacity to plan, co22 ordinate, and conduct stabilization and reconstruc23 tion operations, including their capacity to deploy ci24 vilians with relevant expertise to participate in sus25 tained stability and reconstruction operations; 


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1 (4) National Security Presidential Directive 44, 

2 entitled ‘‘Management of Interagency Efforts Con3 cerning Reconstruction and Stabilization’’, is a posi4 tive step toward improving coordination, planning, 

5 and implementation by the United States Govern6 ment of reconstruction and stabilization assistance 

7 for foreign states and regions at risk of, in, or in 

8 transition from conflict or civil strife; 

9 (5) all the relevant United States Government 

10 agencies should include in their budget requests for 

11 future fiscal years adequate funding for planning 

12 and preparing to support contingency operations 

13 and, as necessary, request emergency supplemental 

14 funds for unanticipated contingency operations; and 

15 (6) the President should provide clear guidance 

16 to United States Government agencies to manage 

17 complex operations and establish a standard, inte18 grated approach to the planning and conduct of 

19 interagency operations to ensure a coherent and uni20 fied United States Government approach to contin21 gency operations. 

22 (b) REPORT.—Not later than six months after the 

23 date of the enactment of this Act, the President shall sub24 mit to Congress a report setting forth a plan to establish 

25 interagency operating procedures for the departments and 


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1 agencies of the United States Government for the plan2 ning and conduct of stabilization and reconstruction oper3 ations. 

4 (c) PLAN ELEMENTS.—The plan required under the 

5 report under subsection (b) shall include the following: 

6 (1) A delineation of the roles, responsibilities, 

7 and authorities of the departments and agencies of 

8 the United States Government for stabilization and 

9 reconstruction operations. 

10 (2) A description of operational processes for 

11 setting policy direction for stabilization and recon12 struction operations in order to guide— 

13 (A) operational planning and funding deci14 sions of such departments and agencies; 

15 (B) oversight of policy implementation; 

16 (C) integration of programs and activities 

17 into an implementation plan; 

18 (D) integration of civilian and military 

19 planning efforts; 

20 (E) provision of guidance to field-level per21 sonnel on program direction and priorities; and 

22 (F) monitoring of field implementation of 

23 assistance programs. 

24 (3) A description of available capabilities and 

25 resources of each department and agency of the 


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1 United States Government that could be used in 

2 support of stabilization and reconstruction oper3 ations, and an identification of additional resources 

4 needed to support the conduct of stabilization and 

5 reconstruction activities. 

6 (4) A description of how the capabilities and re7 sources of the departments and agencies of the 

8 United States Government under stabilization and 

9 reconstruction operations will be coordinated. 

10 (5) A description of existing, or planned, proto11 cols between departments and agencies of the United 

12 States Government on the utilization and allocation 

13 of assets in field operations under stabilization and 

14 reconstruction operations. 

15 (6) Recommendations for improving interagency 

16 training, education, and simulation exercises in 

17 order to adequately prepare civilian and military 

18 personnel in the departments and agencies of the 

19 United States Government to perform stabilization 

20 and reconstruction operations. 

21 (7) A discussion of the statutory and budgetary 

22 impediments, if any, that prevent civilian agencies of 

23 the United States Government from fully and effec24 tively participating in stabilization and reconstruc25 tion operations, and recommendations for legislative 


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1 or administration actions to enhance the ability of 

2 the United States Government to conduct stabiliza3 tion and reconstruction operations. 

4 (8) Guidance for the implementation of the 

5 plan. 

6 TITLE XIII—COOPERATIVE 

7 THREAT REDUCTION WITH 

8 STATES OF THE FORMER SO9 VIET UNION 

10 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE11 DUCTION PROGRAMS AND FUNDS. 

12 (a) SPECIFICATION OF CTR PROGRAMS.—For pur13 poses of section 301 and other provisions of this Act, Co14 operative Threat Reduction programs are the programs 

15 specified in section 1501(b) of the National Defense Au16 thorization Act for Fiscal Year 1997 (Public Law 104– 

17 201; 110 Stat. 2731; 50 U.S.C. 2362 note). 

18 (b) FISCAL YEAR 2007 COOPERATIVE THREAT RE19 DUCTION FUNDS DEFINED.—As used in this title, the 

20 term ‘‘fiscal year 2007 Cooperative Threat Reduction 

21 funds’’ means the funds appropriated pursuant to the au22 thorization of appropriations in section 301 for Coopera23 tive Threat Reduction programs. 

24 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

25 pursuant to the authorization of appropriations in section 


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1 301 for Cooperative Threat Reduction programs shall be 

2 available for obligation for three fiscal years. 

3 SEC. 1302. FUNDING ALLOCATIONS. 

4 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the 

5 $372,128,000 authorized to be appropriated to the De6 partment of Defense for fiscal year 2007 in section 

7 301(19) for Cooperative Threat Reduction programs, the 

8 following amounts may be obligated for the purposes spec9 ified: 

10 (1) For strategic offensive arms elimination in 

11 Russia, $77,000,000. 

12 (2) For nuclear weapons storage security in 

13 Russia, $87,100,000. 

14 (3) For nuclear weapons transportation security 

15 in Russia, $33,000,000. 

16 (4) For weapons of mass destruction prolifera17 tion prevention in the states of the former Soviet 

18 Union, $37,500,000. 

19 (5) For biological weapons proliferation preven20 tion in the former Soviet Union, $68,400,000. 

21 (6) For chemical weapons destruction in Rus22 sia, $42,700,000. 

23 (7) For defense and military contacts, 

24 $8,000,000. 


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1 (8) For activities designated as Other Assess2 ments/Administrative Support, $18,500,000. 

3 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

4 FUNDS FOR OTHER PURPOSES.—No fiscal year 2007 Co5 operative Threat Reduction funds may be obligated or ex6 pended for a purpose other than a purpose listed in para7 graphs (1) through (8) of subsection (a) until 30 days 

8 after the date that the Secretary of Defense submits to 

9 Congress a report on the purpose for which the funds will 

10 be obligated or expended and the amount of funds to be 

11 obligated or expended. Nothing in the preceding sentence 

12 shall be construed as authorizing the obligation or expend13 iture of fiscal year 2007 Cooperative Threat Reduction 

14 funds for a purpose for which the obligation or expendi15 ture of such funds is specifically prohibited under this title 

16 or any other provision of law. 

17 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

18 AMOUNTS.— 

19 (1) AUTHORITY.—Subject to paragraphs (2) 

20 and (3), in any case in which the Secretary of De21 fense determines that it is necessary to do so in the 

22 national interest, the Secretary may obligate 

23 amounts appropriated for fiscal year 2007 for a pur24 pose listed in any of the paragraphs in subsection 


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1 (a) in excess of the specific amount authorized for 

2 that purpose. 

3 (2) NOTICE AND WAIT.—An obligation of funds 

4 for a purpose stated in any of the paragraphs in 

5 subsection (a) in excess of the specific amount au6 thorized for such purpose may be made using the 

7 authority provided in paragraph (1) only after— 

8 (A) the Secretary submits to Congress no9 tification of the intent to do so together with a 

10 complete discussion of the justification for 

11 doing so; and 

12 (B) 15 days have elapsed following the 

13 date of the notification. 

14 (3) LIMITATION.—The Secretary may not, 

15 under the authority provided in paragraph (1), obli16 gate amounts for a purpose stated in any of para17 graphs (6) through (8) of subsection (a) in excess of 

18 125 percent of the specific amount authorized for 

19 such purpose. 

20 SEC. 1303. EXTENSION OF TEMPORARY AUTHORITY TO 

21 WAIVE LIMITATION ON FUNDING FOR CHEM22 ICAL WEAPONS DESTRUCTION FACILITY IN 

23 RUSSIA. 

24 Section 1303(b) of the Ronald W. Reagan National 

25 Defense Authorization Act for Fiscal Year 2005 (Public 


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1 Law 108–375; 118 Stat. 2094; 22 U.S.C. 5952 note) is 

2 amended by striking ‘‘December 31, 2006, and no waiver 

3 shall remain in effect after that date’’ and inserting ‘‘De4 cember 31, 2011’’. 

5 TITLE XIV—AUTHORIZATION 

6 FOR INCREASED COSTS DUE 

7 TO OPERATION IRAQI FREE8 DOM AND OPERATION EN9 DURING FREEDOM 

10 SEC. 1401. PURPOSE. 

11 The purpose of this title is to authorize anticipated 

12 future emergency supplemental appropriations for the De13 partment of Defense for fiscal year 2007 to provide funds 

14 for additional costs due to Operation Iraqi Freedom and 

15 Operation Enduring Freedom. 

16 SEC. 1402. ARMY PROCUREMENT. 

17 Funds are hereby authorized to be appropriated for 

18 fiscal year 2007 for procurement accounts of the Army 

19 in amounts as follows: 

20 (1) For aircraft, $404,100,000. 

21 (2) For missile procurement, $450,000,000. 

22 (3) For weapons and tracked combat vehicles, 

23 $214,400,000. 

24 (4) For other procurement, $686,600,000. 


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1 SEC. 1403. MARINE CORPS PROCUREMENT. 

2 Funds are hereby authorized to be appropriated for 

3 fiscal year 2007 for the procurement account for the Ma4 rine Corps in the amount of $319,800,000. 

5 SEC. 1404. AIR FORCE PROCUREMENT. 

6 Funds are hereby authorized to be appropriated for 

7 fiscal year 2007 for the aircraft procurement account for 

8 the Air Force in the amount of $51,800,000. 

9 SEC. 1405. OPERATION AND MAINTENANCE. 

10 Funds are hereby authorized to be appropriated for 

11 fiscal year 2007 for the use of the Armed Forces for ex12 penses, not otherwise provided for, for operation and 

13 maintenance, in amounts as follows: 

14 (1) For the Army, $22,124,466,000. 

15 (2) For the Navy, $2,349,560,000. 

16 (3) For the Marine Corps, $1,544,920,000. 

17 (4) For the Air Force, $2,779,898,000. 

18 (5) For Defense-wide activities, 

19 $3,388,402,000. 

20 (6) For the Army National Guard, 

21 $59,000,000. 

22 SEC. 1406. DEFENSE HEALTH PROGRAM. 

23 Funds are hereby authorized to be appropriated for 

24 the Department of Defense for fiscal year 2007 for ex25 penses, not otherwise provided for, for the Defense Health 


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1 Program in the amount of $960,200,000 for operation and 

2 maintenance. 

3 SEC. 1407. MILITARY PERSONNEL. 

4 There is hereby authorized to be appropriated to the 

5 Department of Defense for fiscal year 2007 for military 

6 personnel accounts a total of $7,335,872,000. 

7 SEC. 1408. JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT 

8 FUND. 

9 There is hereby authorized to be appropriated to the 

10 Department of Defense for fiscal year for the Joint Impro11 vised Explosive Device Defeat Fund a total of 

12 $2,100,000,000. 

13 SEC. 1409. CLASSIFIED PROGRAMS. 

14 There is hereby authorized to be appropriated to the 

15 Department of Defense for fiscal year 2007 for classified 

16 programs a total of $3,000,000,000. 

17 SEC. 1410. IRAQ FREEDOM FUND. 

18 (a) IN GENERAL.—Funds are hereby authorized to 

19 be appropriated for fiscal year 2007 for the Iraq Freedom 

20 Fund in the amount of $2,230,982,000. 

21 (b) TRANSFER.— 

22 (1) TRANSFER AUTHORIZED.—Subject to para23 graph (2), amounts authorized to be appropriated by 

24 subsection (a) may be transferred from the Iraq 

25 Freedom Fund to any accounts as follows: 


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1 (A) Operation and maintenance accounts 

2 of the Armed Forces. 

3 (B) Military personnel accounts. 

4 (C) Research, development, test, and eval5 uation accounts of the Department of Defense. 

6 (D) Procurement accounts of the Depart7 ment of Defense. 

8 (E) Accounts providing funding for classi9 fied programs. 

10 (F) The operating expenses account of the 

11 Coast Guard. 

12 (2) NOTICE TO CONGRESS.—A transfer may not 

13 be made under the authority in paragraph (1) until 

14 five days after the date on which the Secretary of 

15 Defense notifies the congressional defense commit16 tees in writing of the transfer. 

17 (3) TREATMENT OF TRANSFERRED FUNDS.— 

18 Amounts transferred to an account under the au19 thority in paragraph (1) shall be merged with 

20 amounts in such account and shall be made available 

21 for the same purposes, and subject to the same con22 ditions and limitations, as amounts in such account. 

23 (4) EFFECT ON AUTHORIZATION AMOUNTS.—A 

24 transfer of an amount to an account under the au25 thority in paragraph (1) shall be deemed to increase 


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1 the amount authorized for such account by an 

2 amount equal to the amount transferred. 

3 SEC. 1411. TREATMENT AS ADDITIONAL AUTHORIZATIONS. 

4 The amounts authorized to be appropriated by this 

5 title are in addition to amounts otherwise authorized to 

6 be appropriated by this Act. 

7 SEC. 1412. TRANSFER AUTHORITY. 

8 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.— 

9 (1) AUTHORITY.—Upon determination by the 

10 Secretary of Defense that such action is necessary in 

11 the national interest, the Secretary may transfer 

12 amounts of authorizations made available to the De13 partment of Defense in this title for fiscal year 2007 

14 between any such authorizations for that fiscal year 

15 (or any subdivisions thereof). Amounts of authoriza16 tions so transferred shall be merged with and be 

17 available for the same purposes as the authorization 

18 to which transferred. 

19 (2) LIMITATION.—The total amount of author20 izations that the Secretary may transfer under the 

21 authority of this section may not exceed 

22 $2,500,000,000. The transfer authority provided in 

23 this section is in addition to any other transfer au24 thority available to the Secretary of Defense. 


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1 (b) LIMITATIONS.—The authority provided by this 

2 section to transfer authorizations— 

3 (1) may only be used to provide authority for 

4 items that have a higher priority than the items 

5 from which authority is transferred; 

6 (2) may not be used to provide authority for an 

7 item that has been denied authorization by Con8 gress; and 

9 (3) may not be combined with the authority 

10 under section 1001. 

11 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A 

12 transfer made from one account to another under the au13 thority of this section shall be deemed to increase the 

14 amount authorized for the account to which the amount 

15 is transferred by an amount equal to the amount trans16 ferred. 

17 (d) NOTICE TO CONGRESS.—A transfer may be made 

18 under the authority of this section only after the Secretary 

19 of Defense— 

20 (1) consults with the chairmen and ranking 

21 members of the congressional defense committees 

22 with respect to the proposed transfer; and 

23 (2) after such consultation, notifies those com24 mittees in writing of the proposed transfer not less 

25 than five days before the transfer is made. 


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483 

•S 2767 PCS 

1 SEC. 1413. AVAILABILITY OF FUNDS. 

2 Funds in this title shall be made available for obliga3 tion to the Army, Navy, Marine Corps, Air Force, and 

4 Defense-wide components by the end of the second quarter 

5 of fiscal year 2007. 


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Calendar No. 427 

109TH CONGRESS 

2D SESSION S. 2767 

A BILL 

To authorize appropriations for fiscal year 2007 for 

poses. year for the Armed Forces, and for other purto prescribe personnel strengths for such fiscal military activities of the Department of Defense, 

MAY 9, 2006 

Read twice and placed on the calendar 


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